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PC 07-20-05 Meeting AgendaFILE COPY AGES. �,, FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia July 20, 2005 7:00 P.M. CALL TO ORDER TAB 1) June 1, 2005 Minutes....................................................................................................... (A) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning #11-05 of Carpers Valley, submitted by Patton Harris Rust & Associates, PC, to rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for Residential and Commercial Uses. The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Springs Road (Route 655) and The Ravens Subdivision, on the north side of the Airport, in the Shawnee Magisterial District, and are identified by Property Identification Numbers (PINS) 64-A-82, 64-A-83, 64 -A -83A, 64-A-86, 64-A-87, 64 -A -87A. Mr. Ruddy........................................................................................................................ (B) 5) Ordinance Amendment - Frederick County Code, Article VI, RP Residential Performance District, Section 165-64, Recreation Facilities. This is a request from Greenway Engineering regarding waivers of recreational facilities for housing types with lot sizes less than 5,000 square feet. Mr. Cheran....................................................................................................................... (C) 6) Ordinance Amendment — Frederick County Code, Subdivision of Land, Article V, Design Standards, Chapter 144 Section 24C, Lot Requirements. This is a request from Greenway Engineering regarding waivers of the public street requirement for age -restricted communities. Mr. Cheran....................................................................................................................... (D) PUBLIC MEETING 6) Master Development Plan #08-05 for Carroll Industrial Park, submitted by Painter - Lewis, LC, for Industrial uses. The properties are located on Ebert Road (Rt. 837), and are identified with Property Identification Numbers 43 -A -83,43-A-84,43 -A-84A and 43-A-85 in the Stonewall Magisterial District Ms. Perkins...................................................................................................................... (E) 7) Master Development Plan #07-05 for Stephenson Village, submitted by Greenway Engineering, for R4 (Residential Planned Community) use. The properties are located on the south side of Old Charles Towel Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662), and are identified with Property Identification Numbers 44-A- 292, 44-A-293 and 44 -A -31A, in the Stonewall Magisterial District. Mr. Suchicital............................................................................................................•...... (F) 8) On behalf of Deborah Dorman Dutcher, owner of the property, Artz & Associates is requesting a Subdivision Waiver regarding Section 144-31.B.1 of the Frederick County Code. Under Section 144-5, Artz & Associates is requesting an exception to the provisions of the Subdivision Ordinance to allow the existing Dutcher property to be further subdivided, and reduce the existing 74% Rural Preservation Lot to 40% of the original parcel. The subject property is located at the intersection of Dover Lane and Chapel Road, approximately 100' west of the Route 627 intersection with Route 758, and is identified by Property Identification Number 83-A-106 in the Opequon Magisterial District. Mr. Cheran....................................................................................................................... (G) 9) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 1, 2005 PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Jolui H. Light, Stonewall District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; June M. Wilmot, Shawnee District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Gary Dove, Board of Supervisors' Liaison; Lawrence R. Ambrogi, Legal Counsel. ABSENT: Cordell Watt, Back Creek District; George J. Kriz, Gainesboro District; and David Shore, City of Winchester Liaison STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Ours and seconded by Commissioner Triplett, the Planning Commission minutes of May 4, 2005 were unanimously approved as presented. COMMITTEE REPORTS Development Revew & Regulations Subcommittee (DRRS) - 05/26/05 Mtg. Commissioner Unger reported that the DRRS worked on cleaning up some definitions in the ordinance; they also discussed the B2 District. Frederick County Planning Corn nission Page 1528 Minutes of June 1, 2005 00 Transportation Committee Chairman DeHaven announced that the Transportation Committee will be having a significant meeting on Tuesday, June 7, 2005, at 7:30 p.m. in the Board of Supervisors meeting room. The Transportation Committee will hold a public hearing on the Draft 2006-2007 through 2011-2012 Secondary Road Improvement Plan; the Draft 2006-2007 through 2011-2012 Primary Road Improvement Plan; and the Draft 2006-2007 through 2011-2012 Interstate Road Improvement Plan. PUBLIC HEARING Revocation of Conditional Use Permit #17-04 of Edwin and Zucely Elvira for a landscaping business. This property is located directly behind AC Self -Storage, at 225 Caldwell Lane, south of Papermill Road (Rt. 644). 'The property is identified with P.I.N. 63-44C in the Shawnee Magisterial District. Action — Withdrew Revocation Chairman DeHaven said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. He then turned the chair over to Vice Chairman Thomas to facilitate the meeting for this item. Zoning and Subdivision Administrator, Mark R. Cheran, stated that as of this afternoon, Wednesday, June 1, 2005, at 4:00 p.m., this conditional use permit is in compliance with the conditions set forth under Conditional Use Permit #17-04 of Edwin and Zucely Elvira for a landscaping business, which was approved by the Board of Supervisors on September 22, 2004. Mr. Cheran said the issue was a six-foot opaque fence on the eastern side of the property to screen residential uses; he said the fence is now in place. Mr. Edwin Elvira, the applicant and owner of Elvira Landscaping, came forward and stated that the fence has been installed. Vice Chairman Thomas called for public continents, however, no one was present to speak. Upon motion made by Commissioner Straub and seconded by Commissioner Wilmot, the Frederick County Planning Commission does hereby unanimously withdraw action on the revocation of Conditional Use Permit 417-04 of Edwin and Zucely Elvira for a landscaping business because the applicant is now in compliance with the conditions of his pennit. This item will not need to go to the Board of Supervisors. (Note: Chairman DeHaven abstained; Commissioner Morris was absent for this item; Commissioners Watt and Kriz were absent from the meeting.) Frederick County Planning Commission Page 1529 Minutes of June 1, 2005 0 DN Ej� n PUBLIC MEETING Rezoning Application 907-05 for the Manning Property to rezone 9.442 acres from M2 (Industrial General) to B3 (Industrial Transition) and IA (Interstate Overlay) Districts; and 2.736 acres from RA (Rural Areas) to B3 (Industrial Transition) and IA (Interstate Overlay) Districts. These properties are located 350' south of the intersection of Rest Church Road (Rt. 669) and Martinsburg Pike (Rt. 11), between Martinsburg Pike (Rt. 11) and I-81, and continuing south to Duncan Run, south of the Whitehall Exit (Exit 323), in the Stonewall Magisterial District. The properties are identified with P.I.N.s 33A -A-12, 33A -A -I3, 33A -A-14, 33A -A-15, and 33A -A -ISA. Action — Recommended Denial Deputy Planning Director, Michael T. Ruddy, first provided some history of this project. He said that in 1999, the applicant had submitted a similar rezoning request, but withdrew the application because of multiple issues of concern and inconsistencies with the Comprehensive Policy Plan. He said the applicants have since moved forward with this new application which attempts to address the issues and impacts associated with the rezoning and to provide a greater amount of consistency with the goals and policies of the Comprehensive Policy Plan and the Northeast Frederick Land Use Plan. Mr. Ruddy pointed out that a considerable amount of general activity has occurred since the previous attempt to rezone the property which has a relationship to this latest rezoning request. He said the activity includes modifications to the Northeast Frederick Land Use Plan, transportation improvements completed by the Virginia Department of Transportation (VDOT) associated with Interstate 81, Exit 323, Rest Church Road (Rt. 669), and its intersection with Martinsburg Pike (Rt. 11), and water and sewer infrastructure improvements currently under development by the Frederick County Sanitation Authority. Mr. Ruddy continued his report by reviewing the issues and impacts associated with the Comprehensive Policy Plan, site suitability and environment, the Interstate Area Overlay, transportation, and sewer and water. Some of the highlights of his report included: the Transportation Impact Analysis (TIA) provided by the applicant concludes that the traffic impacts associated with the 2005 build -out conditions are acceptable and manageable and a Level Cf Ser v.ce (LOS) Cor Netter is achieved assuming the full build -out of the project as identified on the Architectural Site Plan; the 2010 traffic analysis, which includes the Sempeles property, also identifies a LOS C or better is achieved; the application provides for the development and connection to the public water and sewer system and the applicant has participated with the Sanitation Authority to make the extension of water and sewer to the Rest Church area possible; the applicant has provided easements to the Sanitation Authority for the extension of water and sewer lines to the west of I-81, allowing the Flying J's private on-site facilities to be abandoned. In addition, Mr. Ruddy reviewed the proffers that were offered by the applicant. Commission members asked for clarification on the TIA's conclusion that this project, along with the Sempeles project, the Flying J, and the Exxon, all put together will still remain a LOS "C." Mr. Ruddy replied that this was the conclusion of the report. He added that the County will need to ensure that the TIA is completely facilitated through the proffer statement to ensure that this LOS is achieved. (Commissioner Morris arrived at this point of the meeting.) Mr. Pat Man-nin10 the property owner and applirnnt, said that he has been working on this project over the last six years and believes they have solved all of the issues previously raised. Mr. Manning proceeded to describe the revisions of this rezoning package over the previous one submitted six years ago. Some of the Frederick County Planning CommissionPage 1530 Minutes of June 1, 2005 toy R I U highlights of his discussion were: the extension of sewer and water to this area by himself and Mr. George Sempeles; the granting of an easement across his property for sewer and water service to the Flying J; the VDOT bridge improvement; expanded proffers for Rt. 11, which include two left turn lanes; the addition of property to the site; a signalized access to Woodbine Road; and less intensity of use with fewer fueling islands and more green space. Commissioner Thomas inquired about light and noise mitigation for the residents across Rt. 11. Mr. Manning replied that he would like to use as much light on this project as the County will allow for safety and marketing reasons. He said there will be a six-foot screen wall along Rt. 11 with landscaping and a 25 -foot buffer strip. In response to questions on the environmental impacts associated with the flood plain and water run-off, Mr. Manning responded that the floodplain was south on his property and will not be developed; he said the existing houses and septic tanks will be removed. He described the storm water retention basin as massive and, there will be oil -water separators engaged at the diesel islands and the discharge will be directed into the sanitary sewer as opposed to the storm water system. Mr. John Callow, Project Transportation Engineer with Patton, Harris, Rust, & Associates, Inc. (PHR&A), stated that regarding the TIA, they have not only shown the traffic impact of this project after the facility is built (2005 analysis), but they also conducted a corresponding analysis (20 10 analysis) with both this project and the Sempeles project in place, at VDOT's request, so VDOT could review the differential impact. He said the differential impact was one item—a second left -turn lane going north and across Rest Church Road. Mr. Callow next proceeded to take questions from the Commission on the transportation impacts of the proposed development. A member of the Commission asked for verification that to maintain a LOS "C," from Woodbine Road to Rest Church Road, a minimum of four lanes would be required; and, at the intersection of Rest Church, there will need to be two left -turn lanes, two through -lanes, and one right -turn lane, and Mr. Callow agreed. When asked whether the developer was proffering to build the four -lane section, Mr. Callow replied that it was not necessary for this project at this time; however, it would be necessary in order to address the impact of both the Manning and the Sempeles projects. A commissioner asked for the anticipated amount of t: uck traffic b-- end -what is there today. Mr. Callow said they are adding 4,800 trips per day, including automobiles; he estimated truck traffic totals at 2,000 trips per day (one in, one out). Commissioners were concerned about truck stacking on Rt. 669 and they believed the north -bound traffic pulled the highest number of trucks. Commission members questioned whether the traffic numbers were accurately reflected in the TIA. Mr. Callow added that the TIA assumed 40% of trips coming from the south on I-81; 35% of trips coming from the north on 1-81; 5% of trips coming from the west on Rest Church Road; and 20% coming from Rt. 11(10% north and 10% south). Mr. Lloyd Ingram with VDOT next came forward to answer questions from the Commission. Commissioner Thomas asked if there would be enough room to widen I-81 to six lanes and Rt. I 1 to four lanes, including extra turn lanes, without taking property from homes on the other side of Rt_ 11 or from this property. Mr. Ingram said be was not able to answer the question, because it had not yet been decided if the I-81 lanes would be built on the inside or to the outside of the right-of-way, which would have a big influence on the radius for the off ramps. Commissioner Light asked Mr. Ingram if he knew the trip generation coming off the north and south -bound exit ramps and the percent increase in traffic coming out of West Virginia. Mr. Ingram did not have the figures with him, however, he said it was studied and the numbers forecast by the applicant were found to be acceptable; he added that about 4% was coming from West Virginia. Frederick County Planning Commission Page 1531 Minutes of June 1, 2005 Do 0 a Chairman DeHaven next called for public comments and the following persons came forward to speak Mr. Edward Butler, representing the Clearbrook Citizens for Safety, asked the members of his group who were present in the audience to stand and about 20 citizens stood. Mr. Butler raised the issue of diesel fumes and how it has contributed to poor air quality in this area. Mr. Butler also described the truck traffic congestion generated by the Flying J truck stop and how the trucks stack up on all of the ramps. He said that an additional truck stop on Rt. 11 would totally block Rt. 11, I-81, and the bridge. He stated that accommodations needed to be made for the existing truck traffic because of the safety hazards the trucks were creating. Mr. Thomas Stevenson, a resident of the Stonewall District, anticipated a tremendous increase in truck traffic with an additional truck stop. Mr. Stevenson predicted that trucks would stack back past the state line and past the bridge. He also predicted that Rt. 11 would be closed down between Rest Church Road and Woodbine Road; he said the situation was going to be dangerous. Mr. Philip Robey, a local resident, said that his wife was involved in a serious accident in front of the Flying J. Mr. Robey was concerned about the safety of local residents and that all of the trucks were creating a dangerous situation. He didn't think there was enough space available to construct adequate roads to accommodate the existing traffic, much less any increase in traffic from another truck stop. Mr. Timothy Johnson, a local resident and business owner, presented photographs of the stacking trucks in this area. Mr. Johnson was concerned about the safety of his family and the local residents. He said that another truck stop in this area would create gridlock. He pointed out one of the photographs taken during the middle of the week and middle of the day, showing trucks stacked all the way across the bridge, sometimes in both lanes. Mr. Johnson described the truck traffic congestion in this area. Mrs. Renee Kilmer, a local resident, expressed her gratitude to Mr. Manning and Mr. Sempeles for assisting in the extension of sewer and water to this area; she said that it solved one of Flying J's environmental problems. Mrs. Kilmer requested that VDOT improve the signage in the area so that trucks and automobiles coma ;na,ieuver Properly,- she id that .improved signage �veulld help the local_ residents traveling .e �a: through this area. Mrs. Kilmer believed that more than $5,000 in proffered money was needed from the applicant for fire and rescue and sheriff services; she said that money was desperately needed for litter pick-up because the trash from the truck stop was significant. She said that extra money was needed for Sheriff patrol because of vagrants and other activities. Mrs. Kilmer also talked about the noise impact. She said she lives approximately 1 `/z miles off I-81 and even with the windows closed, she hears trucks idling all night long. Ms. Kim Dodd, a Clearbrook resident, said that a new housing development is opening up in Berkeley County and traffic from those houses will impact this area; she said the amount of traffic will add to the 4% increase mentioned earlier. Ms. Dodd was concerned about the addition of traffic from all ofthe surrounding developments, such as the Sempeles property, which will also affect this intersection. She had concerns about the ability of fire and rescue vehicles to reach area residents through all of the traffic congestion and safety issues for traveling area residents. Mr. George Sempeles, a resident of the Stonewall District and adjoining property owner, spoke in support of Mr. Manning's project and property rights. Mr. Sempeles pointed out that Mr. Manning's land is already zoned M2 and Mr. Manning could conduct a higher, more intensive use by right, than the truck stop he is proposing. Mr. Sempeles said that Mr. Manning is a single owner who will be personally accountable; Flying J, on the other hand, is a huge, national trucking center with corporate accounts. Mr. Sempeles did not believe it Frederick County Planning Commission Page 1532 Minutes of June 1, 2005Do nh was fair to view Mr. Manning's proposal the same way that Flying J was viewed. He added that Mr. Manning has amended his plan for the previous six years to accommodate the concerns of VDOT, the County, and the area residents. Mr. Mark Stivers, attorney, came forward to speak in support of Mr. Mannings project. Mr. Stivers provided some history of his association with this area of Frederick County and how he became a liaison member of the Northeast Land Use Plan study group. Mr. Stivers said that one of the goals of the Northeast Land Use Plan was for business use, rather than industrial, to be developed on the property under consideration. Mr. Stivers said that Mr. Manning's property is currently zoned M2; he recited a number of intensive M2 uses that are already permitted on Mr. Manning's property. Mr. Stivers spoke about the amount of time, money, and effort expended by Mr. Manning over the previous six years. He said that six years ago, there was no bridge, no water or sewer, and Duncan Run was being polluted; he said that regardless of whether Mr. Manning's project is approved or not, the Flying J problem is going to be corrected. He added that this was an opportunity to rescind the M2 zoning which will result in a down -zoning to B3. He further added that this plan was consistent with the goals of the NELUP and the concerns expressed over the previous six years have been addressed. Mr. Larry Curry, a 30 -year resident, expressed concern about the poor air quality. Mr. Curry said that he placed a carbon dioxide monitor beside his mother's house and the ratings were so high, the sensor constantly went off and had to be reset. Mr. Curry was also concerned if property would be taken away from private citizens in order to construct a turn -around on the east side of Rt. 11. Mr. Timothy Gregory, a local resident, expressed concern about the existing traffic congestion. Mr. Gregory remarked about a previous statement made by Mr. Manning in which he said that the proposed business would increase property values in the area. Mr. Gregory said that if someone wants to stay and not sell their homes, the increased property values just raises their taxes. Mr. Brian Shallenburg, a local resident on Macbeth Lane, spoke about the traffic congestion in this area in all directions. Mr. Shallenburg also expressed safety concerns because of his three school children. In addition, he spoke about the severe drainage problems in this area. Mr. Shallenburg did not want to see trucks traveling on Rt. 11 because residents take that route to avoid the truck traffic on I-81. There being no one else in the audience wishing to speak, Chairman DeHaven closed the public comment portion of the meeting. Although Commission members recognized Mr. Manning's efforts to provide a quality proposal and his ability to address many of the on-site impacts, they anticipated that the increased traffic volume and other impacts brought on by an additional truck fueling facility would further degrade the quality of life for area residents. They anticipated further degradation in the flow of traffic, and possibly gridlock, considering the existing Mr. Fuel facility, this project, the future development of the Sempeles property, and the Stephenson Village project. They questioned whether sufficient right-of-way would be available to enable VDOT to make adequate improvements to accommodate the traffic. Upon motion made by Commissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend denial of Rezoning Application 407-05 for the Manning Property to rezone 9.442 acres from M2 (Industrial General) to B3 (Industrial Transition) and IA (Interstate Overlay) Districts; and 2.736 acres from RA (Rural Areas) to B3 (Industrial Transition) and IA (Interstate Overlay) Districts. Frederick County Planning Commission ��,, Page 1533 Minutes of June 1, 2005 B !i� Ei e r? U The vote was as follows: YES (TO REC. DENIAL). Wilmot, Manuel, Triplett, Ours, Thomas, Light, Morris, Gochenour, Straub, DeHaven NO: Unger (Commissioners Watt and Kriz were absent from the meeting.) Rezoning #08-05 of Canter Estates, Section V, submitted by Greenway Engineering, to revise proffers concerning the rezoning of 103.74 acres to RP (Residential Performance) District. The properties are located on the west side of Front Royal Pike (Rt. 522) adjacent to Canter Estates, Section III. The properties are further identified with P.I.N.s 76-A-22, 76-A-23, and 76B-1-5-312 through 385, in the Shawnee Magisterial District. Action — Recommended Approval Chairman DeHaven said that he would abstain from all discussion and voting on this item, due to a possible conflict of interest. Chairman DeHaven passed the chair to Vice -Chairman Thomas to facilitate the meeting. Deputy Planning Director, Michael T. Ruddy, reported that the applicant has submitted this rezoning petition in an effort to further revise proffered conditions relating to the generalized development plan's (GDP) transportation network. Mr. Ruddy explained that the proposed proffer revisions would eliminate the previously reduced entrance onto Rt. 522 and would eliminate approximately 800 feet of proposed state road construction from Rt. 522 into the project. He said the applicant will enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Front Royal Pike (Rt. 522) and Clydesdale Drive; the applicant is proffering to be responsible for 50 percent of the cost of the traffic signal at this intersection. i ie toted that this is tl:e primary reason for the applicant's request to modify the proffer statement for this rezoning application. Mr. Ruddy pointed out that the revised proffer statement also provides two additional modifications: the applicant has endorsed a master development plan (MDP) commitment regarding the dedication of right-of-way for the future Parkins Mill Road at no cost to Frederick County; and, the proffer has been modified to eliminate previous references to the depiction and reservation of Warrior Drive on the southwestern portion of the property. Mr. Ruddy added that the project maintains its consistency with the goals and policies of the Comprehensive Policy Plan and the proposed development of the property remains consistent with the original rezoning application in terns of density, housing type, and layout. Vice -Chairman Thomas inquired about the time frame for construction of Parkins Mill Drive. He pointed out that until Parkins Mill was constructed, the potential existed for 2,500 trips a day coming off Rayburn Drive through Canter Estates III; he commented that was quite a bit of traffic going through an existing development. Mr. Ruddy replied that Parkins Mill Drive is completely incumbent upon future applications and there was no definite time frame. Frederick County Planning Commission Page 1534 Minutes of June 1, 2005 F0_0 W � Mr. Evan A. Wyatt with Greenway Engineering, representing the property owners, Jasbo, Inc., provided some history of this project and the reasons for requesting the proffer revisions. Mr. Wyatt explained that this section of Rt. 522 is a high-speed area and the curvature is super -elevated-, therefore, a deceleration lane and median crossing is an unsafe situation. He said that the money they would have spent for the right -in/ right - out, would be transferred to a signal at the median crossing. He said the proffer was written purposely at 50% because VDOT doesn't know if the warrants are there today for the signal. Overtime, as costs go up, the 50% goes with it and gives the County the opportunity, if there's no other development participants, to use that for a revenue sharing match. Vice Chairman Thomas next called for public comments and the following persons came forward to speak: Mr. Harry Newman, resident at 115 Maverick Court in Canter Estates, stated that he was a member of the Board of Directors of the Homeowners Association for Canter Estates. Mr. Newman wasin favor of VDOT's decision not to grant the right -in/ right -out because it would be an incredibly dangerous situation. He said the homeowners, however, believed the developer should be responsible for 100% of the cost of the traffic signal and it should be installed immediately. Mr. Newman said that not all of the traffic going down Clydesdale to Rt. 522 is from Canter Estates-, he said there was considerable cut -through traffic, there will be traffic from Wakeland Manor, and there will be construction traffic from Section 5. He said the homeowners would like to see the traffic light installed immediately and the median strip amended to make a safe situation. In addition, Mr. Newman stated that proper drainage of Section 5 is a big concern; he said Section 3 and other sections continue to have drainage problems that were not resolved before the subdivision was turned over to the homeowners association. Further, Mr. Newman stated that there were a number of common areas that the homeowners association will be expected to maintain; he said that common areas that are broken up and spread out are costly to maintain and practically unusable by the homeowners. Mr. Newman inquired about a statement in the staff's report, "... the applicant proffers to maintain the steep slope and environmental areas located along the property line bordering Opequon Creek..." Mr. Newman asked if the homeowners would also be responsible for maintaining these areas. He was concerned about the expense; he said the homeowners can not maintain what they have now. Mr. Kevin Scott, a resident of Canter Estates and Chairman of the Drainage and Easements Committee for the Canter Estates Homeowners Association, believed that any type of access point on Rt. 522 around that curve would probably not be a safe situation. He stated that with the addition of Wakeland Manor and the increase in traffic, especially during the construction phase, there are safety concerns for the residents. Mr. Scott also believed a traffic signal was needed as soon as possible Mr. Robert Kinsley, a resident of Canter Estates, was concerned about the increased traffic impacts on Clydesdale with the elimination of the access on Rt. 522. He also expressed concern about noise and light impacts. He said the proposal is based on future roads and no one knows when those will be constructed. Mr. Kinsley thought the right -in/ right -out should remain until other connecting roads are able to be constructed on the western side of Canter Estates. He suggested that other methods be used to make the entrance safer, such as reducing the speed limit and increasing signage; at the very least, he thought the entrance should be kept available as an emergency access. Mr. Kinsley also inquired about screening, buffering, and bicycle trails; he believed any further development of Canter Estates should include recreational facilities for the community. He also was of the opinion that there were too many scattered open areas that did not provide a useable space or recreation area for the residents. Frederick County Planning Commission Page 1535 Minutes of June 1, 2005 Y Mr. Lloyd Ingram with VODT stated that he met with the applicant on site. Mr. Ingram believed that eliminating the right -in/ right -out and providing a signal would result in a safer situation. Mr. 3err3` Copp, VDOT's resident engineer, stated that before a traffic signal can be installed, a warrant study would have to be conducted. Mr. Copp explained that no funding mechanism currently exists to install the signal. He added that it could take up to a year to acquire matching funds, if revenue sharing was pursued. Commission members believed that Clydesdale was a better and safer alternative to the original right -in/ right -out. Upon motion made by Commissioner Morris and seconded by Commissioner Wilmot, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 408-05 of Canter Estates, Section 5, submitted by Greenway Engineering, to revise proffers concerning the rezoning of 103.74 acres to RP (Residential Performance) District. (Chairman DeHaven abstained; Commissioners Watt and Kriz were absent from the meeting.) DISCUSSION Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-30, Signs, G -Height, and H -Size, business Signs 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 reviewed and So .: 165 3 r d H f ,he zoning ordinance. Mr. Cheran said the proposed discussed proposed changes to oec�,�i1 � ��-� .� and o= �..,, changes would regulate business signs in the RA (Rural Areas) Zoning District. He said the ordinance currently allows business signs to have a maximum height of 35 feet and 100 square -feet in area; a standardized franchise sign may have up to 150 square feet in area. Mr. Cheran said the DRRS believed the permitted use was not in keeping with the rural character of Frederick County and the permitted use would add typical commercial signage to the rural areas of the County. He said the DRRS recommended limiting business sign height and size in the RA (Rural Areas) Zoning Districts. Members of the Commission inquired of the staff if there were many signs in the County that would fall under a legal non -conforming use, if the new ordinance was adopted, or if there was an example in the County of what the committee was trying to eliminate. Mr. Cheran replied that there were no signs that would fall under the legal non -conforming use category, nor were there any signs the County was trying to do away with. The consensus of the Commission was that they were in support of the proposed amendment. Frederick County Planning Commission-� Minutes of June 1, 2005 0 1 Page 1536 COMMITTEE APPOINTMENTS Chairman DeHaven announced two committee appointments. He appointed Mr. Gary R Oates, L. to the Development Review and Regulations Subcommittee (DRRS) for the duration of the implementation of the RA (Rural Areas) Study. in addition, Chairman DeHaven appointed both Iver. Bob Ca.•pen=ter and Mr. John P. Good, Jr. to share a position on the DRRS for the duration of the implementation of the RA Study. He commented that Mr. Carpenter's and Mr. Good's schedules did not permit them to serve unless they could alternate meeting attendance. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 10:05 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commissionp AA- Page 1537 Minutes of June 1, 2005 0 n � V REZONING APPLICATION #11-05 CARPERS VALLEY Staff Report for the Planning Commission Prepared: July 7, 2005 Staff Contact: Eric R. Lawrence, 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: 07/20/05 Pending Board of Supervisors: 08/10/05 Pending PROPOSAL: To rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for Residential and Commercial Uses. LOCATION: The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Springs Road (Route 655) and The Ravens Subdivision. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-82, 64-A-83, 64 -A -83A, 64-A-86, 64-A-87, 64 -A -87A PROPERTY ZONING & USE: Zoned: (Rural Areas) District Use: Golf Course/Club/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP(Residential Performance) Use: Single Family Residential South: Zoned RA (Rural Areas) Use: Regional Airport East: Zoned M 1 (Light Industrial) and Use: Industrial and Residential MH1 (Mobile Home Community) West: Zoned RA (Rural Areas) and Use: Regional Airport and Office B2 (Business General) PROPOSED USES: 785 Residential units and a 143 acre Employment Center REZ #11-05, Carpers Valley Page 2 July 7, 2005 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Comments are pending Fire Marshal: Extension of municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Fire hydrants shall be set at three feet from the curb. Access requirements shall meet the minimum requirements of NFPA 1141. Plan approval recommended. Public Works Department: See letter from Ed Strawsnyder dated June 27, 2005 Frederick County Dept. of Inspections: No comment required at this time. Will comment at the time of site plan and subdivision review. Frederick -Winchester Service Authority: Considering the size and multi -use of the property, it is extremely hard to evaluate the impact with the limited amount of information provided. The applicant makes claims of capacity without any projections being provided. I would estimate that a project of this size could generate between 300,000 and 420,000 gallons per day. I believe that this flow will by-pass the Abrams Creek Interceptor and be delivered to the Opequon Water Reclamation Facility through a proposed regional pumping station. Based on already committed flows to the Opequon facility and pending final regulations regarding nutrient discharge limits or caps, capacity at OWRF may be limited. At present without major upgrading of the treatment process and assignment of sufficient nutrient loads to provide for an expanded facility capacity, availability is questionable. Sanitation Authority: 1St review - No comment. Department of Parks & Recreation: The Master Development Plan references a trail system, community pool and clubhouse. However, the development should meet all open space and recreational unit ordinances as required by the county. The monetary proffer would appear to be acceptable to offset the impact of the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 500 town houses and 500 multi -family units will yield 65 high school students, 80 middle school students and 230 elementary school students for a total of 385 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Winchester Rezional Airport: Comments are pending Frederick County Attorney: Comments are pending REZ #11-05, Carpers Valley Page 3 July 7, 2005 LT"'t Resources Advisory Board_ Upon review of the property rezoning, it appears that the 111J Vl 1V proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, according to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Planning & Zoninn 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subj ect parcels as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition 4011-80), 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) Location The subject parcels are located on the south side of Millwood Pike (Route 50/17 East) across from the Ravens and Miller Heights subdivisions and adjacent to the Prince Frederick Office Park and the Winchester Regional Airport. The VDOT functional classification system arterial roadway. identifies Millwood Pike as a majord The land uses abuttinZ71g the subject site to the east and west are industrial and office, respectively, with the Winchester Regional Airport adjacent to the south and single family residential uses located across Millwood Pike to the north. 3) Intended Use The applicant proposes the development of a mixed use project; a residential and employment center. The project would be anchored by roughly 143 acres of commercial uses, initially reserved for the development of federal government facilities. These commercial uses would be complemented by moderate to high density residential uses. Through the proffer statement, the project would be limited to 785 residential units. Staff Comment: The applicant has utilized the R-4 District designation in an effort to maximum residential development opportunities while also providing for significant non-residential uses. While R-4 is intended for a planned community, this project is not unlike a traditional RP and Commercial/Industrial rezoning application, where the uses are clearly separate from one another. REZ 411-05, Carpers Valley Page 4 July 7, 2005 4) Comprehensive Policy Pian The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 The six properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (UDA). The Route 50 East Corridor Land Use Plan envisions the area comprised by the subject parcels as developing with business/office land use. The Plan indicates that this planned land use designation is appropriate given the proximity of the area to the Winchester Regional Airport and the Interstate 81 interchange and the conduciveness of such locations to non-residential development. (Comprehensive Policy Plan, p. 6-19, 6-21) The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is promoted within the Airport Support Area to minimize such use conflicts and ensure the feasibility of future airport expansion. However, in cases where residential development is permitted within the Airport Support Area, aviation easements and other protective measures should be considered to safeguard airport operations. (Comprehensive P r: .. D1 �_�1 ti_621 1" vcbVy 1 aaii, F. v vi, Adopted economic policies stipulate that a business climate must be supported in Frederick County that is conducive to economic activity and orderly economic growth. Critical to the attainment of this goal is effective land use planning. Diverse locations for business and industry must be identified that are capable of accommodating the access and infrastructure needs of such uses while simultaneously ensuring their functional and aesthetic compatibility with surrounding uses. (Comprehensive Policy Plan, p. 4-1, 4-4, 4-5) The planned road network included in the Route 50 East Corridor Land Use Plan identifies a collector road system which provides for an east -west linkage. This planned east -west collector road should also provide for linkages to the north coinciding with Inverlee Way (a planned north -south major collector road). These planned road network linkages would both relieve some pressure from the existing 522/50/81 interchange area, as well as to act as a connector between the various parcels that would otherwise have utilized Route 50 as their sole means of ingress and egress. (Comprehensive Policy Plan, p. 6-19,6-21.) REZ #11-05, Carpers Valley Page 5 July 7, 2005 • Planning Staff Comment: While the Comprehensive Policy Plan clearly indicates future uses on the subject parcels to be business and office uses, the applicant suggests that there could be an opportunity to provide for transitional residential uses to the existing Single Family (The Ravens) to the north. Transitional residential uses might include moderate density housing (attached single family and multi family), which would lessen conflicts and impacts associated with locating detached single family uses adjacent to non-residential uses. If such transitional residential uses are to be considered, all efforts must be made to distance the residential uses from the airport property. The Zoning Ordinance states that the residential density in the R-4 Zoning District shall not exceed a gross density of 4 units per acre. The subject proposal would enable 785 residential dwellings to be constructed on 115 acres, which results in a net density of 6.8 units per acre. 5) Site Suitability/Environment The subject parcels contain a variety of environmental features to include areas of flood plain, wetlands, steep slopes, and woodlands. A. Flood Plains: Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel #510063-0115B, effective date July 17, 1978. The majority of the site is located in Flood Zone C, which denotes areas of minimal iioodiiig outside of the 100 -year flood plain Ac _e,_ort__e_ by the applicants, 100 -year flood plain, Flood Zone A, exists coincident with Sulfur Spring Run, which traverses the frontage of the site, roughly parallel to Route 50. The applicant indicated that disturbance will be limited to entrance improvements. Any disturbance within the designated flood plain area will be subject to the requirements of the Floodplain District (FP) provisions of the Zoning Ordinance. B. Wetlands: The site includes four identified wetland features, all of which are man-made ponds associated with the existing golf course use. Pursuant to the environmental standards of the Zoning Ordinance, disturbance of wetland areas is not permitted. Exceptions to this prohibition may be granted by the zoning administrator to allow disturbance of small portions of wetland areas to facilitate conservation, recreation, and/or the placement of utilities and roads. It is noted that the identified wetland areas may be preserved through their use as project design features. Such issues may be adequately addressed during the Master Development Plan process. C. Soils and Steep Slopes: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. As reported by the applicant, map sheet #36 of the Soil Survey REZ 411-05, Carpers Valley Page 6 July 7, 2005 reveals that the site is comprised of nine distinct soil types. With the exception of a pit area containing fill materials, all of the soil types identified on the site are suitable for development. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. Steep slopes (areas of 25% slope or greater) exist along the frontage of the site and adjacent to two ravines that drain the site to Sulfur Spring Run. The applicants are proposing some disturbance of these areas to implement proffered transportation improvements, as well as to implement the planned stormwater management system. Pursuant to the Zoning Ordinance, any such disturbance or regrading shall be limited to no more than 25% of the area comprised of steep slopes. The location and scope of the steep slopes identified on the site do not compromise the suitability of the site for development. The site engineering process associated with subsequent land development applications must address the steep slope conditions on the site and demonstrate that disturbance levels conform with applicable Zoning Ordinance requirements. D. Woodlands: The ravine areas present on the site also contain the majority of identified woodland resources. As the location of the woodland areas generally corresponds with steep slope areas, it is reasonable to expect the preservation of substantial portions of identified woodlands to maintain natural stabilization of the protected slopes. The applicants propose such preservation, but also note that some disturbance will occur to create buildable lots and to implement proffered transportation improvements and the stormwater management system. The site engineering process associated with subsequent land development applications must address woodland resources on the site and demonstrate that disturbance levels conform with applicable Zoning Ordinance requirements. 6) Potential Impacts A. Transportation The applicant has stated that the Carpers Valley project will be served by a multi -model transportation network designed to safely and efficiently accommodate automobile, bicycle and pedestrian traffic. The transportation improvement program proffered will interconnect the various uses planned within the project, and further integrate the project with the surrounding community. The implementation of this program will occur in phases structured to coincide with the introduction of land uses on the site, as specified by proffer. REZ #11-05, Carpers Valley Page 7 July 7, 2005 Access to the subject parcels would be a single entrance on Route 50 at Sulfur Springs Road, and an entrance onto Prince Frederick Drive. These two entrance points would be linked by a major collector road ("Coverstone Drive"), with a hiker/biker trail running parallel. The traffic impact analysis (TIA) prepared for this application calculated transportation impacts based upon the following development program: Residential: 487 multi -family units and 263 townhouses ( 750 dwelling units) Office: 1,200,000 square feet (Scenario 41 — office and residential) Retail: 620,000 square feet (Scenario #2 — retail and residential) Using traffic generation figures from the ITE Trip Generation Manual, 6t" Edition, the applicant projects traffic impacts for the development in terms of two phases that correspond with years 2008 and 2010. For the purposes of this TIA, 2010 represents when build out will occur. Two scenarios have been modeled to reflect the potential use of the property for office and/or retail. The TIA indicates that at project build out, the planned uses will result in the generation of 14,405 ADT (Scenario #1) and 27,598 ADT (Scenario 42). The infrastructure policies of the Comprehensive Policy Plan stipulate that new development should only occur if roads adjacent to and within new development will function at Level of Service (LOS) Category "C" or better. In each scenario, the applicant has proffered to implement the necessary improvements to maintain LOS C at the key identified intersections scoped in the TIA. The intersections studied include: Route 50 at Prince Frederick Drive; Prince Frederick Drive at Costello Drive; Prince Frederick Drive at future Coverstone Drive; Route 50 at future Coverstone Drive/Sulfur Spring Road; and Route 50 at Victory Road. The proffered improvements include: signaiization and lane ciihan,,.,m.,nts. In addition to the intersection improvements, the applicant has proffered to construct a 4 -lane raised median major collector road ("Coverstone Drive"), linking Sulfur Springs Road to Prince Frederick Drive through the subject parcels, implementing a planned collector road. The applicant has also proffered monetary contributions to extend Coverstone Drive west to intersect with a future realigned Route 522, if and when the necessary right-of-way is available. The applicant has proffered to eliminate the existing median crossover on Millwood Pike at the Carpers Valley Golf Course entrance and to establish no new connections to Route 50 other than the extension of Sulfur Spring Road onto the subject parcels — such extension would be called Coverstone Drive. • Staff comments and issues: The applicant has not secured all the necessary right-of-ways to facilitate the TIA identified road improvements. By proffer (see proffered condition 16.9), the applicant has stated that if unable to secure the off-site right-of-way requiredfor the completion ofroad improvements, the road improvements would not be required of the applicant, unless governmental authority ("their powers of eminent domain') is implemented to secure the necessary right-of-way. Failure to secure the right-of-way will significantly impact the TIA results and LOS. REZ #11-05, Carpers Valley Page 8 July 7, 2005 Pursuant to adopted transportation policy, roads located adjacent to and within new development are expected to operate at no less than a Level of Service "C" (Comprehensive Policy Plan, p. 7-5). As noted above, the transportation improvements proffered by the applicants achieve this standard with each phase of development, if the necessary right-of-way is secured by the applicant. B. Sewer and Water The applicant states that the existing golf course use is served by an 8" sewer line that ties into the 12" sewer main located on the south side of Millwood Pike along the frontage of the site. This infrastructure will be expanded pursuant to Frederick County Sanitation Authority (FCSA) requirements to serve the entire site and enable gravity flow to the existing main. The ultimate sewage conveyance impact at project build -out is projected to be 302,500 gallons per day (GPD). The applicant notes that a 12" water main currently extends through the central portion of the site. The proposed development would connect directly to this existing line pursuant to FCSA requirements. The applicants report that FCSA has indicated that sufficient water capacity exists to serve the project. C. Historic Resources As reported by the applicants, the Frederick County Rural Landmarks Survey includes one structure located on the site, which is identified as the Heishland House (# 34-1176). However, this structure is neither included on the list of potentially significant resources nor is it identified as eligible yr eventual incl'u'sion on the state -or national rPaictPr of historic places. Moreover, . z,. pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valle oof Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. D. Community Facilities The Frederick County Capital Facilities Fiscal Impact Model projects a net positive fiscal impact from the project at project build -out. Failure to phase in the non-residential land uses could result in a negative fiscal impact as the fiscal benefits of the non-residential land uses would not be realized. As such, the applicant has proffered a monetary contribution of $2,637 per residential unit to mitigate the potential negative fiscal impacts. • Staff comments and issues: This mixed use project, at build -out, could provide for a net positive capital facilities fiscal impact to the County. If the non-residential phase of the project does not materialize, and the project is built solely as a 785 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. REZ #11-05, Cafpers Valley Page 9 July 7, 2005 E. Permitted Uses The zoning ordinance permits various uses within the R-4 Zoning District. The applicant has proposed the development of residential and non-residential areas. A Design and Development Standards manual has been proffered which introduces various housing types which would be unique to this project: stacked townhouses and 24 -unit condominium and apartment buildings are just a sampling of the new housing options. The R-4 Zoning District also permits the various non-residential uses associated with the B1, B2, 133, and M1 zoning districts. While the intent of this application is to promote the site as an employment center, with aspects of office and commercial uses, the application does not prohibit the possibility of introducing industrial uses to the area. Staff comment and issues: The R-4 District provides maximum flexibility intended to offer the developer an opportunity to design a unique community. Sans creativity, the R-4 District is not unlike the traditional RP, Bs, and Ms districts where all uses in the underlying zoning district are permitted. The applicant is encouraged to consider establishing prohibitions of such uses that are not appropriate nor intended for this residential and office project. 5) Proffer Statement — Dated June 24, 2005, revised July 6, 2005 It is noted that the proffer statement for Carpers Valley is extensive, involving proffered conditions which includes a design manual and three modification requests. The proffer �i_. a _a , +t,v„lat�„„ fl �niiaht thrniiuh the statement is fundamentally dcpcuuau� upon ��e reguiu�vi y a--- ah modification document. The design manual introduces new housing types, such as significantly larger apartment buildings, and stacked townhouses. Given the importance of these requests to the applicant's proffer statement and, therefore, the overall rezoning proposal, staff has provided a detailed discussion concerning each request. Modifications Request— included within the Design and Development Standards manual Per Section 165-72.0, of the County Code, an applicant may request modifications to provisions of the Code. Such modifications may be sought to enable implementation of a design and/or land use concept beneficial to the community that would not otherwise be permitted by the existing ordinance. The applicant has requested three modifications to certain provisions of the Frederick County Code. • Modification #1 - & 165-68. Rezoning Procedure The R4 District requirements stipulate that a complete Master Development Plan (MDP) shall be submitted with an application for R4 zoning. The master development plan review REZ #11-05, Carpers Valley Page 10 July 7, 2005 procedures must be completed concurrently with the consideration of the rezoning, and must be included as part of the rezoning application. The applicant is requesting modification of this request to allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning instead of the complete MDP. The GDP would identify the relationship of the project site to the surrounding transportation network and adjoining land uses. Moreover, the GDP would provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or non-residential land uses. The applicant would submit the MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development would be provided If Modification #1 is approved, a proffered Generalized Development Plan (GDP) will be processed with this application instead of a detailed Master Development Plan (MDP). MDP submission would follow rezoning approval pursuant to the application sequence typical for development in other zoning districts as outlined by the Zoning Ordinance. Planning Staff Comment: The applicant has included a proffered Generalized Development Plan (GDP) with this application and is seeking the requested modification pursuant to discussions with staff. The level of detail required with a complete Master Development Plan (MDP) is difficult to provide with a rezoning application when considering a project of the scope and scale of Carpers Valley, especially when the potential federal facility is considered. A proffered GDP will effectively represent the overall development concept and can sufficiently guide the implementation of proffered conditions via subsequent development applications. TheModification #2 - $ 165-71 Mixture of Housing Types Required e R4 District requirements stipulate that no more than 40% of the residential land area in a planned residential community shall consist of duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses, or garden apartments or any combination of said housing types. The Zoning Ordinance promotes a residential mix dominated by single family detached housing types. The applicant is requesting that this standard be modified to allow housing types identified by the zoning ordinance and the proffer statement (Design and Development Standards). The residentially designated areas of the project would be able to develop without limitation to the percentage or ratio of any given housing type. The development of single family attached (Townhouses) and multi -family dwellings would be the predominant housing type in Carpers Valley. If Modification #2 is approved, the project housing type mix will not be regulated by ordinance nor proffered conditions. This will provide the applicant the greatest flexibility to design and develop the housing types most appropriate for the market. REZ #11-05, Carpers Valley Page 11 July 7, 2005 Planning StaffComment: The current requirement of § 165-71 ensures that single family detached dwellings will comprise a minimum of 60% of the residential land area in a planned residential community. As proposed by the applicant, the entire residential site could be developed into the highest density residential housing type enabled by the zoning ordinance (16 units per building garden apartments at 10 units per acre). The proffer statement limits the use of the 24 -units -per -building multi family unit described in the proffered Design and Development Standard manual to occupy no more than 50 percent of the total market rate housing units • Modification #3 - § 165-72.D. Commercial and Industrial Areas; The R4 District requirements stipulate that a minimum of 10% of the gross area of a planned residential community shall be used for business and industrial land uses, and that such uses shall not exceed 50% of the gross land area. Moreover, the Zoning Ordinance requires that each phase of a planned community development shall include a reasonable amount of non- residential land uses. These requirements provide the necessary regulations to facilitate a development with residential and employment which coexist, enabling not only a walkable community, but also offer opportunities to place residential uses and commercial uses within the same structure (i.e., retail on first floor, residential on 2nd and 3rd floors). The applicant is requesting that these standards be modified to allow a maximum of 60% of the total gross area to be used for business and commercial purposes. This area has been identified as Land Bay 2 on the GDP. If Modification #3 is approved, the applicant will be permitted to expand the commercial development to occupy up to 60% of the project area; industrial uses would continue to be limited to 50% of the project. Proffered Conditions dated June 24, 2005 and revised July 6, 2005 The following is a brief summation of the proffered conditions included with the application. 1) Land Use a) Establishes that market rate housing shall not exceed 750 dwelling units. b) Establishes that the 24 -unit -per -building multi -family housing type will not exceed more than 50% of the total dwelling units. (Staff note: proffer does not limit the use of the traditional garden apartment on more than 50% of the site, which is enabled by Modification #2) 2) Workforce Housing a) Establishes the ability to develop up to 35 residential units for sale to families with household incomes below the median income of the County. REZ 411-05, Carpers Valley Page 12 July 7, 2005 3) Reservation of Land for public use a) Identifies and reserves ( for up to 2 years) land for acquisition for federal government use b) Identifies and reserves (for up to 8 years) land for acquisition by the Airport. C) Identifies and dedicates approximately 10 acres for use as a National Guard Armory 4) Phasing of the Development a) Provides for limitation on the issuance of residential building permits. Year 2 - 100 permits. Year 3 - 128 permits. Year 4 — 240 permits Year 5 - 185 permits Year 6 - 132 permits (Staff note: the applicant also provides for the annual accumulation of permits, which could result in all 785 residential units being built in year 6) 5) Provides for enhance recreation amenities with a community center, pool, and dog park. These amenities would be constructed by the end of the 4th year of development. 6) Provides for hiker/biker trail adjacent to the planned major collector road. 7) Provides for a per residential unit $2,637 monetary contribution to lessen projected impacts on capital facilities (Sta(f note: If the non-residential phase of the project does not materialize, and the project is built solely as a 750 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. 8) Provides for transportation improvements such as: a) Tree -line 4 -lane raised median major collector road connecting the Sulfur Springs Road/Route 50 intersection with a future intersection with Prince Frederick Drive. (Staff note: the tree lined street is in lieu of the County required Road Efficiency Buffer) b) No connections to Millwood Pike (Route 50) other than at the Sulfur Springs Road intersection. C) Traffic signal improvements at Sulfur Springs and Route 50; Costello and Prince Frederick Drives; and Victory Lane and Millwood Pike (Route 50) d) Future TIA and improvements to reflect changing uses of the property. REZ 411-05, Carpers Valley Page 13 July 7, 2005 STAFF CONCLUSIONS FOR 07/20/05 PLANNING COMMISSION MEETING: This application is a request to rezone approximately 281.5 acres of RA -zoned property to the R4 District to facilitate development of a mixed use development consisting of 785 dwelling units and 143 acres of business and office use opportunities. The Comprehensive Policy Plan specifically addresses the planned land use of the subject parcels through the policies adopted with the Route 50 East Corridor Land Use Plan. These policies recommend the establishment of business and office uses on the parcels. The requested rezoning suggests that an employment center and transitional residential uses are an appropriate use for the site based on the site's proximity to the Airport, the Prince Frederick Office Park, and adjoining single family uses. The R-4 Zoning District is intended to facilitate a planned unit development, where uses are interspersed, and retail and residential uses intermingle. The Carpers Valley application is more similar to a B2 and RP request, then a planned unit development. Yet, the proposal certainly attempts to create a compatible product in a key developing corridor of the County. Addressing the various agency concerns and issues is the responsibility of the applicant; VDOT and Airport Authority have yet to offer support of the application. The applicant should be prepared to address these agency issues, Planning staff comments, as well as all comments offered by the Planning Commission. 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 following: 1) The Commission providing concurrence with VDOT that the transportation proffers offered with the rezoning application are satisfactory. 2) The Applicant's satisfaction of all comments offered by the County Attorney. Followin,a the required public hearing, a recommendation regarding this rezoning application to the Board. o Su ervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised b17 the Planning Commission. OUTPUT MODULE APPLICANT: Carpers Net Fiscal Impact LAND USE TYPE R4 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $137,522,200 FIRE & RESCUE = 6 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Capital Faciltiies col sum only) Oper Cap Equip Tax Credits Revenue- Net Capital Net Cost Per Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact _Dwelling Unit Fire and Rescue Department I Elementary Schools $746,705 $1,697,704 $0 $0 $746,705 $996 Middle Schools High Schools $918,083 $254,284 $1,234,389 $1,051,406 $1,488,673 $1,488,673 $2,178,520 $2,905 Parks and Recreation Public Library $702,673158,359 $122,159 $158,359 $158,359 $544,,33 14 $726 I Sheriffs Offices $72299 $34,165 $156,258 $0 $14,766 $34,165 $171,025 $34,165 $171,025 $87,994 $117 I $0 $0 Administration Building Other Miscellaneous Facilities $92 783 $0 $118,371 $328,974 $363,208 $0 $692,183 $0 $692,183 $92,7 $1 I $0 $0 I $0 $0 SUBTOTAL LESS: NET FISCAL IMPACT $5,522,182 $739,516 $1,597,597 $207,290 $15,483,820 $2,544,404 $2,544,404 $2,977,778 $3,970 NET CAP. FACILITIES IMPACT $15,483,820 $15,483,820 ($15,483,8203 20 645 I I I 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 = 1.000 ---------------------------- -------------------- PLANNING DEPT PREFERENCES 1.0 1.0 - Ratio to Co Avg 1.342 METHODOLOGY: 1. P q-------------------------------------------------------------------------- ----------------------- Capital facilities requirements are input to the first column as calculated in the model. --------------------- ---------------------- ----------------------- -------------------- - I 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column I (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). 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 05/24/05 MTR ------------------------------------ - ------ ------------------------------------------ --- Project Description: Assumes 750 Dwelling Units (488 Multifamily/262 Single Family Attached - 65%/35%) and 950,000 square feet of commercial on 281.5 acres. RA to R4 i I Due to changing conditions associated with development in the County, the results of this I I Output Module may not be valid beyond -------------------------------------------------- a period of 90 days from the model run date. ---------------------------------------------------------------------------------------------------------------------------- ------------------------------------------- ----------------------- -------------------- ----- I I I 1 I I I I I OUTPUT MODULE APPLICANT: Carpers LAND USE TYPE R4 REAL EST VAL $42,522,200 FIRE & RESCUE = 6 Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltiies col sum only) $294,899 Tax Credits $1,697,704 Net Capital $918,083 Oper Cap Equip $1,051,406 Taxes, Other $702,673 Cost Balance $122,159 Dwelling Unit $72,299 6. $92,783 $0 $118,371 $294,899 $5,070,376 $254,284 $1,234,389 $0 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 Bat = Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes, Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital $0 $0 $294,899 $393 $254,284 $1,234,389 $1,488,673 $1,320,939 $2,346,253 $3,128 $158,359 $158,359 $140,516 $562,156 $750 $34,165 $34,165 $30,315 $91,843 $122 $97,056 $0 $14,766 $111,822 $99,223 $0 $0 $0 $0 $0 $92,783 $124 $187,021 $206,483 $393,503 $349,166 $0 $0 $538,360 $1,440,871 $207,290 $2,186,522 $1,940,159 $3,130,217 $4,174 $0 $0 Lo $0 $3,130,217 $4,174 NOTES: Model Run Date 07/04/05 ERL Project Description: Assumes 750 Dwelling Units (488 Multifamily/262 Single Family Attached - 65%/35%) and 0 square feet of commercial on 281.5 acres. RA to R4 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. 0.661 0.887 I I I I I I I 1 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 Bat = PLANNING DEPT PREFERENCES 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). I 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 07/04/05 ERL Project Description: Assumes 750 Dwelling Units (488 Multifamily/262 Single Family Attached - 65%/35%) and 0 square feet of commercial on 281.5 acres. RA to R4 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. 0.661 0.887 I I I I I I I 1 RE: Carpers Subject: RE: Carpers Date: Thu, 7 Jul 2005 11:11:20 -0400 From: "Alexander, Scott" <Scott.Alexander@VDOT.Virginia. gov> To: 'Chuck Maddox' <Chuck.Maddox@mobile.@a.com>, 'Elawrenc <elawrenc@co.frederick.va.us>, "Conrad, John" <jconrad@millerandsmith.com> CC: chuck.maddox@shentei.net, patrick.sowers@phra.com, "Copp, Jerry" <Jerry.Copp@VDOT.Virgima.gov>, "Ingram, Lloyd" <Lloyd.Ingram@VDOT.Virginia.gov>, "Funkhouser, Rhonda" <Rhonda.Funkhouser@VDOT.Virginia.gov> Chuck: The proffers submitted on 7/5/05 - 10:21 are conditionally acceptable to VDOT, with the following stipulations: 1. The right-of-way for the connection of Coverstone Drive to Prince Frederick Drive must be obtained by the developer prior to presenting the rezoning application to the Board of Supervisors. If this critical link is not secured prior to rezoning (upon which all transportation analysis to dat( is based), VDOT can not support the project. Despite any implication of Section 16.9 of the proffers, VDOT is disinclined to utilize powers of eminent domain to provide for improvements necessitated by the proposed development. 2. A fmal TIA is submitted for approval, reflecting all issues discussed in prior conversations/correspondence. If you have any questions, don't hesitate to give me a call/email. Scott Scott Alexander istant Residency Administrator JOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone #540-984-5605 Fax 9540-984-5607 June 27, 2005 Mr. Christopher M. Mohn, AICP Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Carpers Valley Rezoning Frederick County, Virginia Dear Chris: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of the subject rezoning and offer the following comments: 11 Refer to page 4, C. Site Suitability: The Master Development Plan (MDP) should be revised to delineate the existence of an uncontrolled rubble till located within Land Bay 1 on land designated as 64 -A -83A. The limits of this area should be determined by an accurate field survey. 2) Refer to page 5, C. Site Suitability: The existing wetlands and steep slopes need to be delineated on the MDP. The delineation of the wetlands should include, not only, the four (4) man made ponds, but also, all other wetland areas associated with the natural drainage swales. 3) Refer to page 8, G. Solid Waste Disposal: The narrative shall include an estimate of solid waste generated by the proposed project. This estimate should be compared to an annual solid waste generation of 200,000 tons received at the Frederick County Landfill to determine the impact on future landfill capacity. 4) Refer to page 7, proffer statement, paragraph 14.1: We applaud the applicant's willingness to implement BMP facilities to manage the site's stormwater. The A : \ca rp ersvall eyrezco m.wpd 107 North Kent Street . Winchester, Virginia 22601-5000 Carpers Valley Rezoning Page 2 June 27, 2005 maintenance of these facilities should be specifically assigned to the HOA and/or POA. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development ✓ file 06/23/2895- TSF. 4i 48 FAX 7038216816 MILLER AND SMITH INC. 2002/DD3___•—__ 8402 Greensboro Drive Smote 300 McLean, Vbyink 22202 703-621-2500 703-82I-2040 www-maL-r andsmOLcom MILR R SM1rTH June 23, 2005 Ms. Serena Manual Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Careers Valley Dear Renny, Thank you for arranging the meeting yesterday with Mr. Wilmot and Mr. Fisher. I believe that there are opportunities for both our entities to succeed in the development of Carpers Valley. The following are commitments that we are willing to proffer, assuming that the Airport Authority will support our request for the rezoning in its current format. 1. The Airport Authority has isolated approximately 20 acres of land that is needed from Carpers Valley, for development projects. Our firm will a + bof ,xr arc• AA I Giuliivua�e your u%ea u ii. a ii�u'n .or . a, a_ Trade Airport land that is outside of the development zone for CV land inside the zone on an acre per acre formula. b. Trade CV land for the land needed for the extension of Coverstone Drive. across the Airport land which will eventually be the future Public Safety Building. site, and a portion of Prince Frederick Drive. The Airport shall dedicate the area of land necessary for this road to the County of Frederick. c. The land needed for the Airport aviation easement at the southwest corner of our property will be set aside as an easement at no cost to the Airport. The Airport may install their fence on the easement line; CV will use the density assigned to the easement area, and will begin any setback requirements at the actual property line. 06/23/2005 THU 14:48 FAX 7038216816 MILLER AND SMITH INC. d. CV shall reserve the balance of the area that the Airport Authority has designated for acquisition until June 30, 2013 for purchase by the Airport. e. if the Charter of the Airport Authority will allow, CV wishes to pursue a Joint Venture with the Airport to develop the Airport property, and perhaps additional CV property for aviation related purposes. A venture would be established which would create a Development Partnership LLC between the two entities j which could accelerate the timeline for the hanger construction, and could expand the developable property for the Airport. If the text of this letter is acceptable to your Board, we will begin to survey the areas that will be the subject of the trades, and will complete an option agreement for the residual land. Please let me know the decision of the Board. Sincerely, John Conrad Vice President Cc: John R. Riley Chuck Maddox 2003/003 �� 1B oa � wry o,Crfs .�: i 1.. ► Y 5 4A- j,,,fff. 1050. j s,• 4, 5 NR 4 ti `A s B J ► 119 P'ri! 1 FREOERlCKTO (ilfP ® T4s -7. rte_ 117 2 2 Etl. °lr�� 0 r J� 7' teI•� a` ,,r «J 2 FREDEF I OVYNE l4'indi' E[fl"I,n 4@ `"'rte w pp m d r"4! 16 `Ri DERiCK—,—. G W. z 4 289 F'8' ~79 A FREDEFill CK•GRAIIi 3 b'4 ABa? 122A 129 J, 7 7�,, .. FREDERICKaGRaUP 'W 122 21 50 124A 88 JG R THREE 87 9 64 A 87.. 83A /�i'�_ ` yp �JGRTHREE� 88 124 ia�t '' fi4�A�87A ` � 84 •� 1'4�n• % JG REE HJG� EE,. /64�Ai86 64iA�83A a 130 f 40 // • r. .h _ " ■83' , 4' r DICK% -y 1. 87 0 '`, o / � � •� ^yea 45C . Ia ba' r o 81A v 12 _ 4:rI�OtRi g, 79 45f by BpK 8 . 45K 89F 158 52 15 Map Features REZ # 11 -05 ",B`'d9es N Carpers Valley Plication ^/ Culverts �i Parcels Lakes/Ponds ^/ Dams ABricuitural B Forestal Districts W ]✓" Streams ^ad Centerlines �DoubleChurch ( 64 - A - 82, 83, 83A, 86, 87, 87A ) euiidinye Road Rerugechwd, Tank= S (64 - A -100A 1006 ) ^, S..th Frederick -. ,Trans 0 300 600 1,200 s Feet (64-10-1,2) D' 759E Wan w W -S TIF I I"ah rrr.v, VFO I � i eil AL Ao AUA io Sig WE WWI - 49 R7 SS I PROFFER STATEMENT REZONING: RZ. # RA to R4 PROPERTY: 281.5 Acres Tax Map & Parcels 64-A-82, 83, 83A, 86, 87, and 87A (the "Property") RECORD OWNER: JGR Three, LLC; Richard G. and Donna C. Dick; Constance L. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC PROJECT NAME: Carpers Valley ORIGINAL DATE OF PROFFERS: June 24, 2005 REVISION DATE: July 6, 2005 The undersigned owners hereby proffer 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 withdrx,v . 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 "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "GDP") dated June 24, 2005 , sheets 1-4 of 4. 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed-use residential and commercial/employment Land Bays in conformance with the GDP, and as is specifically set forth in these proffers. 1.2 All development, including street landscaping, shall be accomplished in substantial conformance with the "Design and Development Standards for Carpers Valley," prepared by PHR&A attached hereto and incorporated herein by reference (the "Design and Development Standards"). 1.3 Except as modified herein, and except to the extent any portion of the Property is owned or leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use 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, as approved by Frederick County, and these Proffers. 1.4 Except as modified herein, areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, including permissible housing types 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. Unit types and lot layouts within these residential Land Bays may comprise any of the permitted unit types identified for those Land Bays as set forth on the GDP and the Design and Development Standards, and authorized for the R4 district, and these Proffers. 1.4.1 Residential development on the Property shall not exceed 750 market rate dwelling units, with a mix of housing types permitted in the R4 district, and dwelling units shall be constructed in the locations generally depicted on the GDP and as further set forth herein. Multi -family units, as defined by the Design and Development Standards, shall not exceed 50% of the total number of market rate dwelling units developed in the project. For purposes of this proffer, market rate housing shall be dwelling units sold or leased at the then -prevailing usual and customary prices for housing of a similar type and construction in the general Frederick County real estate market. 2 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 R4 zoning district, the MDP as approved by the Board, and this Proffer Statement. 3. PROVISION OF WORKFORCE HOUSING 3.1 The Applicant shall coordinate with the Board or with such other public or private entity as the Board may direct, to provide workforce housing within the Property. For the purposes of these proffers "workforce housing" shall mean housing that is made available to resident home buyers whose household incomes are at or below 80% of the median income of the County at the time of their home purchase. 3.2 The Applicant shall provide not more than 35 workforce housing units in addition to the market rate units set forth in Proffer 1.4.1. 3.3 Workforce housing unit prices shall be established and adjusted by the Applicant according to the following guidelines: 3.3.1. The Applicant shall ascertain sales prices based upon a determination of all ordinary, necessary and reasonable hard and soft costs required to construct and market workforce housing units by private industry in the iminediate area of the Property, including the area's current general market and economic conditions. 3.3.2. Sales prices shall include, among other costs, provisions for builder -paid permanent mortgage placement costs, closing costs except for prepaid expenses at settlement, and other applicable costs resulting from proffers given and accepted through rezoning approval. 3.3.3. Sales prices shall not include the cost of land, marketing expenses, and extra finishes and amenities exceeding 10% of the total unit construction cost, including landscaping, unless otherwise approved by the Director of Planning. 3.3.4. Sales price shall include a 1.5% commission/finders fee to be paid to a real estate agent who secures a purchaser of a workforce housing unit. 3.3.5. The sales price of the workforce housing units shall be established such that the builder shall not suffer economic loss as a result of providing such units. Economic loss shall result when the builder fails to recoup the cost of construction, including site 3 development and infrastructure costs, exclusive of the cost of land acquisition. 3A The opportunity to purchase these units during an initial six-month marketing period following the issuance of building permits for each such unit shall be reserved for Frederick County sheriffs' deputies, Frederick County public school teachers, and any other Frederick County or School Division employees who have been so employed for not less than three years and otherwise satisfy the qualifications set forth herein. Following such period any units not sold to qualifying purchasers pursuant to this proffer may be made available for purchase by members of the general public who meet the requirements for purchase of such housing. In the event that no qualifying purchaser has acquired any workforce housing unit(s) within eighteen months of the issuance of occupancy permits therefor, those units may thereafter be sold at market rate as other units. 3.5 The Applicant shall include reasonable provisions in the conveyances of workforce housing units, including restrictive covenants in the deed of conveyance that shall be enforceable by the homeowners' association to which such units shall belong, or to any Frederick County governmental office or agency with responsibility for workforce housing that may hereafter be created, that assure their retention as workforce housing for a period not less than 30 years. 4. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF PROPERTY FOR ARMORY USE 4.1 For a period of two years following Final Rezoning, the Applicant shall reserve Land Bay 2 for potential acquisition, lease, or use by the United States General Services Administration, for the location of any federal agency or department, and shall reserve for potential acquisition by the Airport that portion of any Land Bay designated as reserved for the Winchester Regional Airport for a period of eight years following Final Rezoning. 4.2 In addition to the foregoing, upon written request therefor the Applicant shall dedicate approximately ten acres to the Frederick County Board of Supervisors on behalf of the Virginia National Guard for use as a National Guard Armory, in the location generally depicted on the GDP. In addition, the applicant shall build a minimum two lane section of Coverstone Drive from Millwood Pike (US Route 50) to the entrance to the Armory Site, prior to the construction start of the Armory facility. In the event that no such request is made within 24 months following Final Rezoning, such property may be employed for commercial and employment uses as otherwise provided in these Proffers and depicted on the GDP. 19 5. PHASING OF THE DEVELOPMENT S.I The residential portions of the Property shall be developed as follows: 5.1.1. The Applicant may obtain building permits for not more than 100 residential units in Land Bay 1 in the second calendar year following Final Rezoning. 5.1.2. The Applicant may obtain building permits for not more than 128 residential units in Land Bay 1 in the third calendar year following Final Rezoning. 5.1.3. The Applicant may obtain building permits for not more than 240 residential units in Land Bay 1 in the fourth calendar year following Final Rezoning. 5.1.4. The Applicant may obtain building permits for not more than 185 residential units in Land Bay 1 in the fifth calendar year following Final Rezoning. 5.1.5. The Applicant may obtain building permits for not more than 132 residential units in Land Bay 1 in the sixth calendar year following Final Rezoning. 5.1.6. The foregoing annual limits shall be cumulative, and residential building permits not obtained in any given year may be obtained in any succeeding year. 5.2 In anticipation of acquisition or use of properties designated for commercial/employment use by the United States, commercial and employment uses may be constructed at any time. 5.3 Community -serving improvements including a 4,000 square foot community center, 3,500 square feet of neighborhood swimming pools, and a dog park shall be constructed in conjunction with residential development in Land Bay 1. The location thereof shall be depicted on final subdivision plans for such residential development. These recreational amenities shall serve to meet the requirement of 1 recreation unit per 30 dwellings and shall be, at minimum, equivalent to $25,000 per recreation unit. These improvements shall be completed not later than the end of the fourth year following Final Rezoning. 6. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 6.1 All buildings on the Property shall be constructed using compatible architectural styles. The Applicant shall establish one or more E Architectural Review Boards through the required Homeowner and Property Owner Associations to be created to enforce and administer a unified development plan in general conformity with the Design and Development Standards. 6.2 All signage within the Property shall be in substantial conformity with a comprehensive sign plan that meets the requirements of the Zoning Ordinance for signage, which shall be submitted in conjunction with the first final site or subdivision plan for the Property. 7. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 7.1 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 to adjacent properties. Said trails shall be in the locations generally depicted on the GDP. To the extent that such trails are not depicted on the GDP at the time of Final Rezoning, such trails shall be connected with or linked to the internal street and sidewalk network. Sidewalks shall be constructed on all public streets to VDOT standards, and a minimum of four foot sidewalks shall be constructed on private streets. All combined pedestrian/bicycling trails shall be 10 feet wide, and shall have an asphalt surface. 8. FIRE & RESCUE: 8.1 The Applicant shall contribute to the Board the sum of $422 per dwelling unit for fire and rescue purposes, payable upon the issuance of the first residential building permit for each such unit. 8.2 Following Final Rezoning, the master HOA to be created in accordance herewith shall contribute annually on or before July 1St of each year, the sum of $100 per constructed residential unit, and $100 per 1000 square feet of constructed commercial (not including any land owned or leased by the United States or the Virginia National Guard), to the volunteer fire and rescue company providing first due service to the Property. Such contribution shall terminate if and when such company converts to a fully paid service. Commencing January 1, 2010, the contribution provided for herein shall increase at the rate of five dollars per residential unit or per 1,000 square feet of commercial development each calendar year. Such contribution shall be monitored and enforced by the master HOA. 9. SCHOOLS: 9.1 The Applicant shall contribute to the Board the sum of $1,714 per dwelling unit for educational purposes, payable upon the issuance of a building permit for each such unit. Co 10. PARKS & OPEN SPACE: 10.1 The Applicant shall contribute to the Board the sum of $343 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. 11. LIBRARIES: 11.1 The Applicant shall contribute to the Board the sum of $79 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. 12. ADMINISTRATION BUILDING: 12.1 The Applicant shall contribute to the Board the sum of $79 to be used for construction of a general governmental administration building upon issuance of a building permit for each such unit. 13. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 13.1 The homeowners association to be created in accordance herewith shall be created contemporaneously with the first final site or subdivision plan submitted for the Property. 13.2 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 + , •",T'ater m agement 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 a master 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. If only one such HOA is created, it shall be the master HOA for purposes of these proffers. 13.3 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) 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 7 platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 13.4 Any commercial elements of the development (with the exception of any property owned or leased by the United States, the Board of Supervisors, or the Winchester Regional Airport) shall be made subject to one or more property owners' association(s) (hereinafter "POA") which shall be sub- association(s) of the master HOA. Such POA(s) 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. 13.5 In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of 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 dumpster 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. 14. WATER & SEWER: 14.1 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. 15. ENVIRONMENT: 15.1 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. 15.2 The Applicant shall provide notice in all sales literature, in covenants, conditions and restrictions for any homeowners' or property owners' associations, of the adjacency of the Winchester Regional Airport. The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement. The Applicant shall provide noise attenuation treatment for residential units within the 65 Ldn zone. 16. TRANSPORTATION: 16.1 The major roadways to be constructed on the Property shall be constructed in the locations depicted on the GDP, with reasonable adjustments permitted for final engineering. 16.1.1. The Applicant shall design Coverstone Drive as a full section with raised medians on an 80' right-of-way as determined by the TIA provided for hereinbelow. The Applicant shall submit a street tree plan for approval by the Director of Planning as part of the design of Coverstone Drive in lieu of the road efficiency buffer otherwise required by ordinance. 16.1.1.1. Coverstone Drive shall be constructed in phases as set forth herein: 16.1.1.1.1. Phase 1 shall consist of a four -Lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the GDP. Such road shall be constructed in sub -phases as delineated on the final master development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building permit for each sub -phase. The Applicant shall not petition for inclusion of this Phase of Coverstone into the State System of Secondary Roads until it is completed as a full four -lane section to the Phase 1 line. 16.1.1,1.2. Phase 2 shall consist of construction of a two lane section of Coverstone Drive from the Phase 1 line to Prince Frederick Drive as depicted on the GDP. This two lane segment shall be completed or bonded for completion prior to issuance of the 451" residential building permit. The Phase 2 segment shall be completed or bonded for completion to a full four lane section when construction of relocated Route 522 commences or when construction thereof is necessary to service commercial development in Land Bay 2. 16.1.1.1.3. As Phase 3, the Applicant shall design Coverstone Drive Extended as a four -lane section from Prince Frederick to Relocated Route 522 when the intersection of Coverstone Drive and Prince Frederick Drive has been accepted into the State System of Secondary Roads. The Applicants shall place the amount of $1,000 per market rate dwelling unit in an escrow account for future construction of Coverstone Drive Extended (not to include any of the 35 workforce housing units otherwise provided for herein) and/or other projects in the vicinity that are related to the development of the road network serving the Property. Such funds shall be escrowed at the time of building permit issuance for each market rate unit, and shall be released to the County within 90 days of a written request by the County. 16.1.2. The Applicants shall provide the right-of-way for a future interparcel connection from Coverstone Drive to the easternmost property boundary line of the Property, for access to the National Guard Armory as shown on the GDP. Said right-of-way shall be dedicated not later than conveyance of the property to the National Guard. 16.2 Notwithstanding any other provision of these proffers, if the General Services Administration locates a federal facility on the Property, the Applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive. 16.3 The Applicant shall provide for future interconnection with Inverlee Way when that road is extended south of Millwood Pike, upon the development of adjoining property presently owned by others. The Applicant shall provide a stub -out for a connection to the internal street network, and will grant such right-of-way as may be necessary on the Property to permit such interconnection, subject to VDOT approval, at a point compatible with such extension of Inverlee Way. 10 16.4 The Applicants shall make no other connection to Millwood Pike than Coverstone Drive. 16.5 'rhe Applicants shall upgrade the existing signal at Sulphur Springs Road from a three- to a four-way signal. All improvements within the existing southernmost right-of-way of US Route 50 at this intersection including the signal upgrade shall be completed prior to issuance of the first certificate of occupancy for the project pursuant to the approved traffic impact analysis and future construction drawings required for land use permit issuance by VDOT. 16.6 The Applicants shall place the amount of $75,000 in an escrow account for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such .funds shall be escrowed within six (6) months of the issuance of the first residential building permit in Land Bay 1, and shall be released to the County within 90 days of a written request by the County. 16.7 The Applicants shall place the amount of $150,000 in an escrow account for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be escrowed within six (6) months of the issuance of the first commercial building permit in Land Bay 2, and shall be released to the County within 90 days of a written request by the County. 16.8 The Applicants shall close the existing Carper's Valley Golf Club entrance on Millwood Pike, to include closure of the corresponding crossover on Millwood Pike, at such time as the existing golf club use ceases operation. 16.9 The Applicants shall use its best efforts to obtain any necessary off-site right-of-way required for the completion of any traffic improvements otherwise provided for herein at a commercially reasonable cost, but shall not be required to construct any improvements, including traffic signalization, if such right-of-way cannot be obtained by it, or if such right-of-way is not obtained by governmental authorities either by donation, purchase, or through the use of their powers of eminent domain. 16.10 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 16.11 All public streets and roads shall be designed in accordance with the Virginia Department of Transportation specifications, subject to review and approval by Frederick County and VDOT, and shall be constructed by the Applicant in accordance with the recommendations of the approved TIA for the Property. 16.12 All private streets and roads shall be constructed in accordance with the Virginia Department of Transportation standards therefor and as may be 11 modified by the County, and shall be owned and maintained by the homeowners or property owners association served by such streets or roads. 16.13 In the event that the General Services Administration does not locate a federal facility in Land Bay 2, and other commercial users are proposed for that Land Bay that would result in cumulative project -generated trips in excess of 13,000 vehicles per day, the Applicant shall submit a revised Traffic Impact Analysis in order to determine what improvements, if any, shall then be required to accommodate the additional traffic. 16.14 If the Airport Reserve Parcel shown on the GDP is developed a revised Traffic Impact Analysis shall be prepared and improvements proposed, if necessary to accommodate the additional traffic. 17. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 17.1 The Applicant shall conduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plan for the Property, and shall cause Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. 18. ESCALATOR CLAUSE 18.1 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 CPT -U to the date the contributions are paid, subject to a cap of 5% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGE 12 JGR Three, LLC v601, V 14 �_=aging Membe . r w! STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing 'instrument was acknorwiedged before me this", qday 2005, by LLL - My commission expires Notary Public Ellen, LLC By Ill Its?a-Zaggingg Member STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2_0_"(Aay of 2005, by , )C' My commission expires Notary Public LCR, LLC Its-1Vlanaing Member STATE OF VIRGINIA, AT LARGE FREDERICK COUM"Y, To -wit: Ir, _ The foregoing instrument was ac wlcdged before me thisZJ day of , j (,i �'�.k� , 2005, by �1y O, L y SCS My commission expires{ ►� "� { ((1 Notary Public `Tl,jiE j MDC Three, LLC By Its lVanaging Member STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this � / `day OU 4i� 2005, by My commission expires Notary Public —(l )CA i - n�� Susan Sanders, LLC By .1t Itsd4anaging Member STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before_ me this y7 day of 1k_ i ftt/ 2005, by '0,,Y) MY commission expires Notary Public Liberty Hill, LLC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing 'instrument was acknowledged before me tlig,_�_J'i "'day of bc2005, y b --!---- (0, (24, 1), C �__ MY commission expires Notary Public - '4 A. Dick STATE OF VIRGINIA, AT LARGE FREDERICK couNTY, To -wit: - -4i, � The foregoing 'instrument was acknowle,dv—ed before me this /fir of 2005,by'_�L�'(`('( � K'— f " 311-J, ��- C S -td — MY commission expires Notary Public{ir,; STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: -- — The foregoing instrument was acknowledged before me thisPldav of,2005, by MY conmission expires Lres Notary Public ri chaeI E. Dick' - STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: -7 Lday The foregoing instrument was acknowled d hisZL_before me t� 12005, by T�SCAAxfld of XAu__ MY commission expires Notary Public r,s � I Z, ("'W I " Gregory L. vej t ne STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled ed before me this � ay of , 2005, by� My commission expires Notary Public 7 STATE OF VIRGINIA, AT LARGE FREDERICK COUN'T'Y, To -wit: The foregoing instrument was acknowled ed before me this Z-1,41day 2005, by �. f My commission expires G, ` Notary Public�%i!;F(��`` Cy-�'�-'7� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowI dpled before me this qday f� � o�, 2005, by h�C kX � ( � . My commission expires \ .� Notary Public?,f onna C. Dick STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thisf )` 1- ay of .1E mu , 2005, by n VjQ L �)1C, L My commission expires nr, Notary Public , STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thisZ,7+_hday , 2005, by LX QuPJ(2s? h_c, My commission expires Notary Public Carpers Valley CARPERS VALLEY REZONING IMPACT ANALYSIS STATEMENT June 2005 A. Introduction Impact Analysis Statement This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of six parcels totaling approximately 281.5 acres, which are owned by JGR Three, LLC, Richard G. and Donna C. Dick, Constance L. Tjoumas, Gregory L. Coverstone, Cynthia Ann Pappas, Ellen LLC, LCR LLC, MDC Three LLC, Susan Sanders LLC, Liberty Hill LLC, Thomas A. Dick, Timothy J. Dick, and Michael E. Dick respectively. The parcels are identified as 64-A-82, 83, 83A, 86, 87, and 87A. The subject acreage is located on the south side of Millwood Pike (Route 50/17) across from The Ravens and Miller Heights subdivisions, and adjacent to the JIC Industrial Park, Winchester Regional Airport, and the U.S. Army Corps of Engineers Transatlantic Division Headquarters facility. The site is currently zoned RA, and includes the existing Carper's Valley Golf Club. This application proposes the rezoning of the 281.5 acre assemblage to the R4 (Residential Planned Community) District. The site is intended as a mixed use residential and employment center anchored by roughly 100 acres initially reserved for the development of federal government facilities. These significant employment uses will be complemented by moderate to high density residential uses, all of which will be developed in a functionally and aesthetically unified manner. Attainment of such an integrated development program will occur through the application of uniform design guidelines and the implementation of a multi -modal transportation network, both of which will be proffered by the Applicants (see the attached draft Proffer Statement). The proposed rezoning will establish a neighborhood unique to Frederick County, because of its explicit provision for a balanced mix of mutually supportive uses in an area already served by public facilities and a good road system. The presence of significant employment uses within the project will catalyze a synergistic relationship between land uses that will enhance the economic vitality of the area and achieve a more sustainable form of development than has been the historic pattern in that area. The Comprehensive Policy Plan identifies the planned use of the site as a mix of business/office and transitional land uses. The mixed use employment center concept proposed with this rezoning is consistent with this land use vision, and provides for its realization in an efficient and dynamic manner that Page 1 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement is preferable to the single use pattern that has predominated within the Urban Development Area (UDA). The Applicants believe that the proposed rezoning includes proffers that will appropriately and effectively mitigate the impacts of this development program and assure its completion in the manner envisioned by the Applicants and by the County. The mixed use employment center land use envisioned for the site is compatible with the surrounding community and consistent with the land use policies of the Comprehensive Policy Plan. As such, the Applicants submit that this rezoning request merits favorable consideration and approval. B. Comprehensive Policy Plan The properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (UDA), and the Sewer and Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan envisions the area comprised by the subject parcels as developing with business/office and transitional land uses. The properties are also located within the boundaries of the Airport Support Area, which is intended to ensure the long term viability of Winchester Regional Airport by encouraging the development of compatible land uses in areas impacted by airport operations. The proposed development program provides for a mix of employment, general commercial, and moderate to high density residential land uses, which will be developed in an integrated - "walkable" - setting. The majority of the project acreage will be reserved for employment and commercial land uses, with the remainder of the site planned for residential development. The proposed development of employment and commercial land uses is clearly in keeping with the applicable business/office land use designation. Such uses are planned at several locations within the project, although the most notable location is an approximately 100 -acre area adjacent to the existing Corp of Engineers facility The Applicants propose to make this portion of the property available for a sufficient time that they may include such federal government facilities as the United States General Services Administration (GSA) is actively seeking to locate in the Winchester -Frederick County area. Additional acreage is reserved for commercial uses adjacent to the shared boundary with Winchester Regional Airport. The proposed employment use and commercial areas will thus ensure the establishment of compatible, and complementary, land uses adjacent to the Airport thereby satisfying the objectives of the Airport Support Area. Residential uses will be Page 2 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement appropriately buffered from the Airport so as to avoid the all -too -common conflicts between Airport operations and nearby homes. Residential uses are proposed to extend north and east from the planned employment and commercial areas to the project boundary formed by Millwood Pike (U.S. Route 50/17). The residential component of the neighborhood will total no more than 750 market rate units of varying types consistent with the R4 zoning district, as well as at least 35 units of much needed affordable workforce housing. The planned residential uses will serve as a distinct transition from the intensity of employment uses and airport operations to the lower density suburban residential uses located on the opposite side of Millwood Pike. The Route 50 East Corridor Land Use Plan does not expressly identify either the intended composition or boundaries of the designated transitional area, and the moderate to high density residential uses proposed with this application will facilitate a reasonable transition of uses along the corridor, and further provide the neighborhood with the land use mix necessary to promote around the clock vitality. The Applicants have proffered to reserve 10 acres for dedication to Frederick County for use as a National Guard Armory facility. The provision of this land will facilitate the retention of this important public facility in the Winchester — Frederick County area, particularly in view of Congressman Wolf's recent success in obtaining substantial funding for a new facility. Upon its ultimate relocation to the site, the Armory would provide a valuable neighborhood amenity as a gathering and recreational space for residents and employees alike, as well as an improved facility for an element of America's national defense system that has taken on exceptional importance in the past decade. The recreational needs of neighborhood residents will be further served by a network of "hiker/biker" trails and other community recreation facilities, to include a neighborhood swimming pool, tennis courts, and dog park. The applicable land use policies of the Comprehensive Policy Plan promote the establishment of business/office and transitional land uses on the subject parcels. The proposed rezoning of the site to the R4 district is intended to permit the development of a mixed use employment center, which will include substantial areas for business and employment uses as well as complementary residential uses. Such complementary uses will provide an effective transition to established uses in the surrounding community. Moreover, the configuration of land uses on the site will ensure compatibility of the project with airport operations in keeping with the objectives of the Airport Support Area. Page 3 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement The proposed rezoning of the subject acreage from RA (Rural Areas), to R4 (Residential Planned Community) is consistent with the land use policies of the Comprehensive Policy Plan. C. Suitability of the Site 1. Site Background and History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on 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. Location and Access The subject parcels are located on the south side of Millwood Pike (Route 50/17 East) across from The Ravens and Miller Heights subdivisions and adjacent to the Prince Frederick Office Park and the Winchester Regional Airport. The VDOT functional classification system identifies Millwood Pike as a major arterial roadway. The land uses abutting the subject site to the east and west are industrial and office, respectively, with the Winchester Regional Airport adjacent to the south and single family residential uses located across Millwood Pike to the north. The site is currently accessible via Millwood Pike and Prince Frederick Drive. 3. Site Suitability The subject parcels contain identified environmental features to include areas of flood plain, wetlands, and steep slopes. But such features are minimal and manageable through the zoning and site engineering process. In all cases, disturbance will be limited in accordance with applicable regulatory standards. Flood Plain Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel #510063-0115B, effective date July 17, 1978. The majority of the site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain. Flood Page 4 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement Zone A, 100 -year flood plain, exists coincident with Sulfur Spring Run, which traverses the frontage of the site, roughly parallel to Route 50. This portion of the site is not planned for development except for road and utility crossings thereby ensuring limited impact to the identified flood plain area. Wetlands The National Wetlands Inventory Map identifies four wetland features on the site, all of which are man-made ponds associated with the existing golf course use. Soils and Steep Slopes The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. As per map sheet #36 of the Soil Survey, the site is comprised of nine distinct soil types. With the exception of a pit area containing fill materials, all of the soil types identified on the site are suitable for development. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. These characteristics and any implications for site development are manageable through the site engineering process. Steep slopes (areas of 50% slope or greater) exist along the frontage of the site and adjacent to two ravines that drain the site to Sulphur Spring Run. Some disturbance of these areas will be necessary to implement proffered transportation improvements, as well as to implement the planned stormwater management system. Pursuant to the Zoning Ordinance, any such disturbance or re -grading shall be limited to no more than 25% of the area comprised of steep slopes. The location and scope of the steep slopes identified on the site do not compromise the suitability of the site for development. D. Transportation The Carpers Valley project will be served by a multi -modal transportation network designed to safely and efficiently accommodate automobile, bicycle and pedestrian traffic. The transportation improvement program proffered with this application will interconnect the various uses planned within the project, and further integrate the project with the surrounding community. The implementation of this program will occur in phases structured to coincide Page 5 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement with the introduction of land uses on the site, as specified by the Proffer Statement (see attached). A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area, as well as actual traffic counts. Using trip generation figures from the I.T.E. Trip Generation Manual, 7t" Edition, the TIA projects that the proposed development will produce 12,917 vehicle trips per day (VPD). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. The external road system serving the site is comprised of Millwood Pike (Route 50/17 East) and Prince Frederick Drive (Route 781). Millwood Pike is a four lane major arterial roadway and Prince Frederick Drive is a two lane minor collector road. The TIA indicates that signalization will be required at the intersection of Costello Drive and Prince Frederick Drive at project build out. Moreover, signalization will be necessary at the intersection of Victory Road and Millwood Pike, which will be required with or without the introduction of project -generated traffic into the corridor. The Applicants have addressed these external system requirements by proffering to participate in funding these signal improvements. The internal transportation improvement program proffered by the Applicants will effectively tie the project into the existing external system and provide the framework for internal access and mobility. A major collector road (Coverstone Drive) is proposed to extend through the site from Millwood Pike to Prince Frederick Drive. This collector road will consist of four travel lanes within an 80 -foot right of way and will be developed in two principal phases corresponding with development of the planned land bays. Moreover, this application provides for the future extension of the collector road to relocated US Route 522, which will provide a direct means of access to this arterial roadway from the County's planned public safety building. Direct project access from Millwood Pike will be limited to an entrance aligned with Sulphur Spring Road (Route 655). This entrance will provide principal access to Land Bay 1, which is planned to contain residential uses consisting of mixed housing types, and will further serve as a secondary access point for employment-related traffic destined for Land Bay 2. The intersection of Sulphur Spring Road and Millwood Pike is currently controlled by a three-way traffic signal. This signal will be upgraded by the Applicants to a four-way signal upon construction of the entrance. Page 6 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement E. Sewage Conveyance and Water Supply The existing golf course is served by an 8" sewer line that ties into the 12" sewer main located on the south side of Millwood Pike along the frontage of the site. This infrastructure will be expanded pursuant to Frederick County Sanitation Authority (FCSA) requirements to serve the entire site and enable gravity flow to the existing main. The Abrams Creek interceptor will convey effluent from the project for treatment at the Opequon Water Reclamation Facility. A 12" water main currently extends through the central portion of the site. The proposed development would connect directly to this existing line pursuant to FCSA requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the project. Project build -out will consist of a maximum of 750 market rate dwelling units and approximately 950,000 square feet of office and/or general commercial uses. Using the standard water consumption rates for single famil�r attached/multi-family residential uses and general commercial/office uses , the proposed development is projected to consume approximately 302,500 GPD (gallons per day) of water and produce equivalent sewer flows. F. Site Drainage The site naturally drains north to Sulphur Spring Run via several pronounced drainage divides. It is anticipated that low impact development techniques together with good erosion control practice will mitigate adverse stormwater discharge impacts. The preservation of riparian buffers containing existing vegetation will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. G. Solid Waste Disposal Facilities Solid waste from the project will be deposited in the Frederick County landfill following collection via private carrier(s) contracted by the homeowner's association (HOA) for the residential portion of the project and by the individual commercial/employment users. ' Water consumption/sewage generation rates: single family attached/multi-family residential uses — 150 GPD/dwelling unit; office/general commercial uses — 200 GPD/1,000 square feet of gross floor area. Page 7 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement H. Historic Sites and Structures The Frederick County Rural Landmarks Survey includes one structure located on the site, which is identified as the Heishland House (# 34-1176). However, this structure is neither included on the list of potentially significant resources nor is it identified as eligible for eventual inclusion on the state or national register of historic places. Moreover, pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. I. Impact on Community Facilities The Frederick County Fiscal Impact Model was run by planning staff to project the fiscal impact on community facilities attributable to the proposed rezoning. The output module generated by this analysis indicated that the proposed land uses would result in a net positive fiscal impact at project build out. Nevertheiess, the Applicants have proiiered to provide a per unit monetary contribution to ensure that the unique impacts to particular public facilities are appropriately addressed. Specifically, the Applicants have proffered to contribute $2,637 per market rate unit at the time of building permit issuance. The total contribution is proffered to be allocated as follows: ■ Fire and Rescue: $422.00 per unit ■ Public Schools: $1,714.00 per unit ■ Recreation & Parks: $343.00 per unit ■ Library: $79.00 per unit ■ Administration: $79.00 per unit TOTAL: $2,637 per unit An escalator clause is included with the proffer statement to mitigate the effects of inflation on the value of the proffered monetary contributions. This provision stipulates that any monetary contributions proffered by the applicant that are paid after 30 months from the date of rezoning approval will be adjusted pursuant to the Urban Consumer Price Index (CPI -U). J. Modifications Per Section 165-72.0. of the Frederick County Zoning Ordinance, an applicant for R4 zoning may request modifications to provisions of the Code of Frederick County governing physical development. Such modifications may be sought to enable implementation of a design and/or land use concept beneficial to the community that would not otherwise be permitted by existing Page 8 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement ordinances. The following modifications are requested with this rezoning application: 1 Mnrlificatinn of Section 165-68 of the Frederick Countv Zoning Ordinance governing the procedure for R4 rezoning petitions. v Current Standard: A master development plan (MDP), meeting all requirements of Article XVIII of the Zoning Ordinance, shall be submitted with an application for R4 zoning. The master development plan review procedures described by Article XVII must also be completed concurrently with or following the consideration of the rezoning. Proposed Standard: A generalized development plan (GDP) identifying major land bays and the proffered transportation network shall be submitted with the rezoning application in lieu of a master development plan (MDP). A complete MDP application will be submitted to Frederick County for review following rezoning approval, pursuant to the criteria of Article XVIII of the Zoning Ordinance. Justification: The R4 District requirements stipulate that a complete Master Development Plan (MDP) shall be submitted with an application for R4 zoning. The MDP is a plan document that is used to evaluate conformance with ordinance and other technical requirements applicable to land development, and has historically served as a bridge between the conceptual nature of a rezoning application, and the more precise documents required for subdivision and site plan approvals. As such, it serves a valuable role in applying engineering detail to the generalized land use and infrastructure framework established through the proffer statement of an approved rezoning. This two part process ensures that the rezoning evaluation is focused on policy conformance and impact mitigation, and not overwhelmed by the technical minutiae associated with the MDP. The proffering of a detailed MDP "locks" an applicant into a development plan that cannot be changed without filing a subsequent rezoning petition for amendment of the approved proffers, regardless of the purpose or scope of the necessary change. Alterations to the routes of internal streets, stormwater management facilities, and layout of uses within land bays would require approval of the Board of Supervisors through the rezoning process, whereas a project subject to a typical — "non -proffered" Page 9 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement — MDP may often complete such modifications through an administrative process. Such changes are almost certain to be necessary for a given project to respond to evolving regulatory and market conditions over the course of the development cycle. The plan proposed with this application represents a dynamic concept that will require flexibility in all phases of the development process to successfully implement. The Applicants are committed to developing a project that is both innovative and viable, and thus recognize that the design process cannot end at the time of rezoning, but must continue as an ongoing exercise open to emergent information and ideas. A proffered generalized development plan (GDP) will provide appropriate assurances to the community regarding the fundamental physical components of the proposed development while ensuring sufficient flexibility for the Applicants to achieve superior project design. The requested modification would allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning in lieu of the complete MDP. The GDP will identify the relationship of the project site and the proposed development to the surrounding transportation network and adjoining land uses. Moreover, the GDP will provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or employment/commercial land uses, as well as the proffered transportation network. The GDP will further delineate the approximate size of each land bay as well as the planned housing types for residential land bays. The Applicants will submit an MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development will be provided. 2. Modification to Section 165-71 of the Frederick County Zoning Ordinance governing the mixture of housing types required within a planned community. Current Standard: No more than 40% of residentially designated areas of a planned community may develop with any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments or any combination of those housing types. Proposed Standard: The residentially designated areas of a mixed use employment center may develop with any combination of housing types permitted by the Frederick County Zoning Ordinance and the Page 10 of 12 Rev. 6/24/05 Carpers Valley Impact Analysis Statement approved proffer statement without limitation to the percentage or ratio of any given housing type. Justification: The proposed rezoning is sought to enable development of a mixed use employment center, which is a type of planned community development that is not expressly accommodated by the Zoning Ordinance. The R4 district, however, is the only Frederick County zoning category that is suitable for the development of a mix of land uses pursuant to a single zoning category, where innovative design concepts and standards may be created and applied. However, the R4 district is oriented toward a predominantly residential development program (as implied by its formal title - Residential Planned Community) and its requirements for a mixture of housing types as stated above befits a project intended to develop with residential uses over a majority of its land area. In contrast, the land use program for a mixed use employment center emphasizes reservation of greater amounts of land for commercial and business uses, which results in less area available to locate the residential density necessary to achieve a balanced mix of land uses within the project. The ordinance requirement promotes a residential mix dominated by single family detached housing types. Such housing types are less conducive to the limited residential areas of a mixed use employment center given the greater land area required for individual lots. The development of single family attached and multi -family dwellings as the predominant housing types in Carpers Valley is necessary to complement and catalyze the business and commercial uses on the site. Moreover, the availability of such housing in a planned community setting within walking distance of employment, shopping, and commercial uses will provide a positive although presently non-existent choice for current and future County residents. 3. Modification of Section 165-72.D. of the Frederick County Zoning Ordinance governing the maximum areas permitted for commercial or industrial uses. Current Standard: No more than 50% of the gross area of the planned community shall be used for commercial and industrial purposes. Proposed Standard: No more than 60% of the gross area of the planned community shall be used for business and commercial purposes. Page 11 of 12 Rev, 6/24/05 Carpers Valley Impact Analysis Statement Justification: The proposed rezoning is sought to enable development of a mixed use employment center, which is a type of planned community not currently accommodated by the Frederick County Zoning Ordinance. The R4 district is the only zoning category that is available to develop a mix of land uses pursuant to a single zoning category wherein innovative design standards may be applied. However, the R4 district is intended to facilitate development of a principally residential project complemented by relatively small areas of commercial and/or industrial uses. In contrast, the land uses intended to predominate within a mixed use employment center are business and commercial uses, with residentially designated areas comprising a lesser amount of the total land area. The mixed use employment center concept advanced through this rezoning application requires the amount of land designated for commercial and business uses to exceed the 50% limit of the R4 district. The essential components of the proposed mixed use development program are the employment and commercial uses planned for the site, which may require significant acreage depending upon the ultimate users. However, to ensure a mix of mutually supportive land uses, a minimum amount of land needs to be reserved for residential uses. The modified standard proposed with this application will facilitate development of a mix of land uses in a planned community setting consistent with the intent of the R4 district, but with the notable distinction of elevating business and commercial land uses to the forefront of the planned development program. Page 12 of 12 Rev. 6/24/05 A Phased Traffic impact Analysis of Carpers Valley Located in: Frederick County, Virginia Prepared for: Miller & Smith 8401 Greensboro Drive Suite 300 McLean, VA 22102 Prepared by: Patton Harris Rust & Associates, pc Eng neers. Surveyors. Planners. Landscape Architects, 300 Foxcroff Avenue, Suite 200 Martinsbu} 264.2711 West Virginia 25401 T 304 F 304.264.3671 June 23, 2005 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Carpers Valley development located along the south side of Route 50 (Millwood Pike), between Prince Frederick Drive and Victory Road, in Frederick County, Virginia. The proposed development will be built - out in two (2) transportation phases by the year 2010. Phase 1 (2008 partial built -out) assumes a residential development of 487 multi -family units and 263 townhouse units with access provided via Coverstone Drive (future roadway). Additionally, PHR+A has provided analysis for two (2) alternative land use scenarios for Phase 2 (2010 full built - out): Scenario #1 assumes 1,200,000 square feet of office plus total residential development, and Scenario #2 assumes 620,000 square feet of retail plus total residential development. Primary access to the office/retail development is provided via Prince Frederick Drive. Figure 1 is provided to illustrate the location of the proposed Carpers Valley development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Carpers Valley 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 the proposed Carpers Valley development, • Distribution and assignment of the Carpers Valley generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS -2000, for existing and future conditions. A Phased Traffic Impact Analysis of Carpers Valley HI � Project Number: 13415-1-0 June 23, 2005 Page 1 EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 50/Victory Road, Route 50/Sulphur Springs Road, Route 50/ Prince Frederick Drive, Victory Road/Arbor Court, Route 522/Costello Drive and Prince Frederick Drive/Costello Drive. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8.4% based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 3 shows the respective existing lane geometry and AMIPM 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 Carpers Valley Project Number: 13415-1-0 1-H June 23, 2005 Page 2 No Scale HE Figure 1 Vicinity Map: Carpers Valley in Frederick County, Virginia A Phased Traffic Impact Analysis of Carpers Valley = Project Number: 13415-1-0 June 23, 2005 g Page 3 Ta C-7 32 r' f [upta'vV3ia y.' CJOI` 4:OLi � SIT E �.. t! yyid� .'Reg '13na li.Frf)"T HE Figure 1 Vicinity Map: Carpers Valley in Frederick County, Virginia A Phased Traffic Impact Analysis of Carpers Valley = Project Number: 13415-1-0 June 23, 2005 g Page 3 T 6�l 1 1 ! (Ick\ C) CO3 1 No Scale (jqCO3 N Castell ab�q °Of 522 ^ ry 50 �ti5�� ~ �O SJ\QrJ�eab 8 C) 90)6, �y 2 6 (6y p40 C' (27)481 Jo r`79(jp94I) sJ i j ) Dsfello SITEo e a aSul hurl w� prangs Road 522 Coste'l00 i`�q�1 ••% SITE /t, 50 l o``rt0� x`11 i I `+ �o a 15 idl� p J \ `bp1 Average Daily Trip% 1 r� bl `�1ot 4 J9 ��ar Lbs ti1ti L� P� T -D+ / \ AM Peak Hour(PM Peak Hour) Figure 2 Existing Traffic Conditions A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 s June 23, 2 — � Pagee 4 4 No Scale G� f��c �fcl `GS��zed Intersection Unsignalized Intersection Je ��►"Ire ��' 3�► 5 Signalized \ Intersection q` % SITE , ,� �6 o� Signalized Intersection LOS=B(B) Unsignalized Intersection G to Denotes stop sign control IDenotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Careers Valley Project Number: 13415-1-0 June 23, 2005 � Page 5 Phase 1 townhouse units. (future roadway) PHASE 1 TRAFFIC ANALYSES 2008 assumes a residential development of 487 multi -family units and 263 Access to the residential development is provided via Coverstone Drive 2008 BACKGROUND CONDITIONS Based on VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2003) for Route 50 (Millwood Pike) within the vicinity of the site, a growth rate of less, than one percent (1%) was calculated. PHR+A, however, applied a conservative annual growth rate of four percent (4%) per year to the existing traffic volumes along Route 50, Route 522 and Sulphur Springs Road (shown in Figure 2) to obtain 2008 base conditions. Additionally, PHRA incorporated all trips relating to the Ravens development located along Route 50 opposite to the porposed Carpers Valley site. Using the 7`h Edition of ITE's Trip Generation Report, PHR+A has provided Table 1 to summarize the 2008 "other development" trip generation. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 5 shows the respective 2008 background lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. Table 1 2008 "Other Development" Trio Generation Summary ^ ode Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Ravens Subdivision 210 Single -Family Detached 315 units * 57 172 230 193 109 302 3,150 Total 57 172 230 1 193 109 302 1 3,150 * Of the 565 units proposed for the Ravens Subdivison development, only 315 SFD's were considered since 250 SFD's were occupied when the existing traffic counts were conducted. A Phased Traffic Impact Analysis of Carpers Valley R K2 - A; -1-1 Project Number: 13415-1-0 June 23, 2005 6 6 No Scale a. / ryn1 �sfeflo� � q�qh rjj29 r G) S� � 3p v s;, \3)94) �3 `htilrytiti L SITE SITE ib m � iris Average Daily Trips AM Peak Hour(PM Peak Hour) A Phased Phased Trac Impact Analysis of Valley Analysis of Carpers Valley Project Number: 13415-1-0 June 23, 2005 Page 7 G� S os�"U No Scale Signalized 'Sj c oor'ye �G� Intersections LOS=C(C) 522 G �^ 50 0 Signalized Intersection G , LOS=B(C) CpS,fP jf0 D ,� two o dAlk Signalized o C// SITE e B�Intersection #,00G< LOS=B(B) r Sul hur S ``"��+► gs Rp u^ Unsignalized ad Intersection 522 4 ,, SITE * ��►± %�drr` 1= all7 WSJ Unsignalized 4oba d� Intersection 9Ja 50 0 Unsignalized p Intersection 7` �r"SSigazed6ggested °r ` V Intersection Improvements" LOS=B(C) Signalization 50 GLGI qqJ: r, p iY oa�j� r� Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement A AM Peak Hour (PM Peak Hour) PT TP+f 1 l it N -.i Figure 5 Phase 1 :2008 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Carpers Valley I- Q,� Project Number: 13415-1-0 June 23, 2 r Pagee 8 8 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared T able 2 to surnmarize the trip generation for the proposed Carpers Valley development. Table 2 Carpers Valley Development - Phase 1(Residential) Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT Land Bay 1 220 Apartment 487 units 48 194 242 186 100 286 3,077 230 Townhouse/Condo 263 units 19 93 112 89 44 133 2,288 Total 67 287 354 275 144 418 5,365 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Carpers Valley site. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area network 2008 BUILD -OUT CONDITIONS The Carpers Valley assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2008 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. A Phased Traffic Impact Analysis of Careers Valley Project Number: 13415-1-0 June 23, 2005 1 F y Page 9 T 114 No Scale Figure 6 H I r Phase 1: Trip Distribution Percentages (Residential) A Phased Trak Impact Analysis of Carpers Valley Project Number: 13415-1-0 June 23, 2005 Page 10 "V � ersfo PH12?! A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 June 23, 2005 Page 11 N p ^N No Scale 1= 4 L (IS)29 r� �(6)2jjJ (Iq�j�3� � 1 jZgf2pp� ° dr 522 tib 50 (9gj2S�S2 C' �s/ello (14 0 SITE A'�e o Sul hurl Road 522 e�%c�q� SITE 50 a `D a a( 0 Average Daily Trips s �r o�a 1 �92s�f i o LD` �6°rte QLn�I`�°1 o,�a G"f C� ti`b L,�1ot 4- 2 f,J ' A AM Peak Hour(PM Peak Hour) A Phased Trac Impact Analysis of Carpers Valley 1 Project Number: 13415-1-0 June 23, 2005 a Page 12 No Scale Unsignalized Intersection t s`eJlod � 4 x(� flGe� C6ay� SITE �)NPIZ�-4� $Signalized Intersection Signalized "Suggested intersection Improvements" LOS=C(C) NB - 4' Leg WB - 1 Left G1 �a Road \~ V. z„. r a UnsignaGzed Intersection G I`► a X41 t�0 Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 9 Phase 1: 2008 Buildout Lane Geometry and Levels of Service A Phased Traffic Impact Analysis ofCarpers Valley P 11 3 -2,A -Project Number: 13415-1-0 June 23, 2005 Page 13 PHASE 2 TRAFFIC ANALYSES (2010) PHR+A has provided analysis for two (2) alternative land use scenarios for Phase 2 (2010 full built -out): Scenario #1 assumes 1,200,000 square feet of office plus total residential development, and Scenario #2 assumes 620,000 square feet of retail plus total residential development. Primary access to the office/retail development is provided via Prince Frederick Drive. 2010 BACKGROUND CONDITIONS Based on VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2003) for Route 50 (Millwood Pike) within the vicinity of the site, a growth rate of less than one percent (1%) was calculated. PHR+A, however, applied a conservative annual growth rate of four percent (4%) per year to the existing traffic volumes along Route 50, Route 522 and Sulphur Springs Road (shown in Figure 2) to obtain 2010 base conditions. Additionally, PHRA incorporated all trips relating to the Ravens development located along Route 50 opposite to the porposed Carpers Valley site. Using the 7`h Edition of ITE's Trip Generation Report, PHR+A has provided Table 3 to summarize the 2010 "other development" trip generation. Figure 10 shows the 2010 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 11 shows the respective 2010 background lane geometry and AM/FM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. Table 3 2010 "Other Development" Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Ravens Subdivision 210 Single -Family Detached 315 units * 57 172 230 193 109 302 3,150 Total 57 172 230 1 193 109 302 __n _ _ �cn c�'.....,,__ 1 3,150 *Of the 565 units proposes ror the xavens Juouivisuu U. --p—," .j - -• ----- ---- occupied when the existing traffic counts were conducted. A Phased Traffic Impact Analysis of Carpers Valley g o Project Number: 13415-1-0 June 23, 2005 C L Page 14 No Scale ij iG�3 `%► j29(2 00 a a °d a � o- ti 522 a N so %al l tio`L�ti9l rpt oaa 16ti O Cos/ello ) Dr1(Z,)48�� Sl j j'r3 v994) 2�J / ba hti C SITE �;ke o Sul hur 522%% SPnng=Road SITE ; 50 ° raCD y ,��~ �iyb ✓Jaya' `5' r a� o �2JJs�,j b 2�J �jJ PY TP+/ \ ALM Peak Hour(PM Peak Hour) A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 LSO- June 23, 2005 t Page 15 G� m� NO Scale Signalize O � j�CoSre�D`we Intersection LOS=C(C CJr�� .► ~�� 522 `�► j J� 1 f� 50 G L, Signalized p� Intersection 05 LOS=QQ G C°Sfelj° Dji q`,p 0 SITE �Af Signalized `fe Intersection ° *,00 OP LOS=B(B) x Sul Phur S rings u Unsignalized `�•� ` j ROad 522 Intersection �%% ° SITE �`�rt e .o *461e 91 4��° oheD Iy 7r/ Unsignalized Intersection 9Jk 50 0 Unsignalized G Intersection �` , •; �r6 x c Signalized "Ssggested °� �P`Pl Intersection Improvements" LOS=B(Q Signalization 9J9 J� 50 GLG1 Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement T, J A AM Peak Hour (PM Peak Hour) ■—T T�+/ Figure 11 Phase 2:2010 Background Lane Geometry and Levels of Service A Phased I ratttc Impact Anatysis or f-arpers v aaey Project Number: 13415-1-0 June 23, 2005 2 -Page 16 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 4a and Table 4b to summarize the trip generation for the proposed Carpers Valley development Phase 2, Scenario #1 and Scenario #2, respectively. Table 4a Carpers Valley Development - Phase 2 - Scenario #1 (Residential & Office) Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT Land Bay 1 220 Apartment 220 Apartment 487 units 48 194 242 186 100 286 3,077 230 Townhouse/Condo 263 units 19 93 112 89 44 133 2,288 Sub Total Sub Total 67 287 354 275 144 418 5,365 Land Bay 2 820 Retail 710 Office 1,200,000 SF 1,205 164 1,369 242 1,181 1,423 9,040 Total Total 1,272 451 1,724 516 1,325 1,841 14,405 Table 4b Carpers Valley Development - Phase 2 - Scenario #2 (Residential & Retail) Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT, Land Bay 1 220 Apartment 487 units 48 194 242 186 100 286 3,077 230 Townhouse/Condo 263 units 19 93 112 89 44 133 2,288 Sub Total 67 287 354 275 144 418 5,365 Land Bay 2 820 Retail 620,000 Sr 285 182 468 1,002 1,085 2,087 22,233 Total 353 469 822 1,276 1,229 2,506 27,598 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 12, was based upon local travel patterns for the roadway network surrounding the proposed Carpers Valley site. Figures 13a and 13b shows the respective development -generated AM/FM peak hour trips and ADT assignments at key locations throughout the study area network for Phase 2, Scenario #1 and Scenario #2, respectively. A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 �� e June 23, 2005 Page 17 2010 BUILD -OUT CONDITIONS The Carpers Valley assigned trips (Figures 13a and 13b) were added to the 2010 background traffic volumes (Figure 10) to obtain 2010 build -out conditions. Figures 14a and 14b shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figures 15a and 15b shows the respective 2010 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. A Phased Traffic Impact Analysis of Carvers Valley Project Number: 13415-1-0 �- 4��_ U- 111 June 23, 2005 Page 18 No Scale Resid i mtial I Office/Retail n Figure 12 Phase 2: Trip Distribution Percentages A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 June 23, 2005 P - RUN' Page 19 I r r , AM Peak Hour(PM Peak Hour) Figure 13a Phase 2, Scenario #1: Development -Generated Trip Assignments A Phased Traffic Impact Analysis of Carpers Valley 411 Project Number 13415-1-0 r � June 23, 2005 Page 20 i n AM Peak Hour(PM Peak Hour) Figure 13b Phase 2, Scenario #2: Development -Generated Trip Assignments A Phased Traffic Impact Analysis of Careers Valley Project Number: 13415-1-0 ' R = June 23, 2005 i H Page 21 ti �LNo Scale (IS)29 r� 7(9Q, 6) -1) (Iqv)�= IZ9(Ago) 7��►► pSte Jl0 ooby�o dr. 52SAO 50 q ti C r5 1� �1 SotiQ 5� �q� ,/ rjjlr6 * cS (I?93) c �rzz I,( 0) oS8) 19� �2'rj�o jr9J ostello x 0 SITE r,�e Sul hurSpnngs Road COs q` h� 522 (I"rips ^ �� SITE n 50 2y °` erst l dr• ✓ ° o`Da I �Y2s�� o L G� r6p aL�lltipl 0 f 4- � �2A ss 1 1~ s9 J 1r�rj� L�tiltiP* L� AM Peak Hour(PM Peak Hour) nT -.P-+A A Phased Traffic Impact Analysis of Carpers Valley A. Project Number: 13415-1-0 p X�- June 23, 2005 � � Page 22 No Scale -17 60 1 522 qa�a Cpl 50 ti�ti>>A��91 t b (10 a� X81 8s� SQ C (478).'7,, ,r� 88(2 1033) 1� ��,Trj2ol ostello S,OGa�'C bq^� � `ti'tibti5 b ko o Q' f SITE Ake C w c° ob Sul hurSp '09s Road 522 see f� �°+ry�a r SITE 50 �jy9J83s �� C'o`ery fo < til it Oe til t)r��e J J '`V~�a,�1� L or r6 o LA °ab G! r_ 04 6 1� 1 J J L� P-1 -.-P+! A AM Peak Hour(PM Peak Hour) A Phased Traffic Impact Analysis of Carpers Valley 13-1---20, Project Number: 13415-1-0 June 23, 2005 Eg Page 23 No Scal qc SITE Unsignalized Intersection rre Signalized "Suggested Intersection Improvements" LosmCFC-') Signalization NB - 1 Left "Suggested Improvements" NB - 41 Leg WB -1 Left EB - I RiEht Signalized "Suggested d Intersection Improvements" tC `�� LOS=C(Q NB - 4'" Leg tel ? WB - 1 Left 1't Glr 50G� 1[ M A _'- SITE Road aIL Unsignalized ora �r Intersection 50 Signalized "Suggested Intersection Improvements" o _ Unsignaliz A Intersection J( `� 6or `Q1 �c 1 �1 1�► r'oG �P oto i� os0 i } �9r Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 15a Phase 2,Scenario #1: 2010 Buildout Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Carvers Valley A Project Number: 13415-1-0 June 23, 2005 pig _ € Page 24 G� 4� 1Tl r i /rte C(C) No Scale �� cnS`"�i Signalized � od Intersection LOS=C(C) G 4��cea�c SITE Unsignalized Intersection * q rreJlOO � ¢� .¢. Z !t� Signalized "Suggested Intersection Improvements" LOS=B(C) Signalization NB -ILeft �t- N, Unsigualized Intersection 1 "Suggest --d Improvements" NB - 4' Leg WB - I Left EB - I Ripht SITE Intersection- Improvements" LOS—CLOS NB - 4" Leg WB - I Left EB - I Ripht Road v 1 i a Unsignalized 40Intersection Signalized I "Suggested Intersection Improvements" LOS=C(C) Signalizat-ion - x�P� Denotes stop sign control Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 15b Phase 2,Scenario #2: 2010 Buildout Lane Geometry and Levels of Service A Phased Trak Impact Analysis of Carpers Valley T IRProject Number: 13415-1-0 June 23, 2005 L Page 25 CONCLUSION The traffic impacts associated with the proposed Carpers Valley development are acceptable and manageable. All intersections, assuming suggested improvements, will maintain levels of service to "C" or better during 2008 and 2010 build -out conditions. The following describes the off-site roadway improvements recommended for each of the study area intersections: • 2008 Background Conditions (Phase 1) • Route 50 @ Victory Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization. • 2008 Builtout Conditions (Phase 1) • Route 50 @ Victory Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization. • Route 50 @ Sulphur Springs Road: In order to achieve acceptable levels of service, this intersection will require a westbound left turn -lane and eastbound right turn -lane along with the fourth leg (Coverstone Drive). • 2010 Background Conditions (Phase 2) • Route 50 @ Victor_y Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization for both Scenarios #1 and #2. • 2010 Builtout Conditions (Phase 2) • Prince Frederick Drive @ Costello Drive: In order to achieve acceptable levels of service, this intersection will require traffic signalization as well as an northbound left turn -lane (currently there is one shared lane) for both Scenarios #1 and #2 • Route 50 @ Sulphur Springs Road: In order to achieve acceptable levels of service, this intersection will require a westbound left turn -lane and eastbound right turn -lane along with the fourth leg (Coverstone Drive) for both Scenarios #1 and #2 • Route 50 @ Victory Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization for both Scenarios #1 and #2. • Route 50 @ Prince Frederick Drive: In order to achieve acceptable levels of service, this intersection will require a westbound left turn -lane and eastbound right turn -lane along Route 50 for both Scenarios #1 and #2. Additionally, a northbound right turn -lane is required along Prince Frederick Drive for Scenario #2. A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 P - M�VW-` June 23, 2005 Page 26 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Plan St?,;f- Zoning Arnendnient N4 niber PC Hearing'Date 2 Fee Amount Paid $ Tate Received . -v. BCS Hearing irate The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Miller and Smith Land, Inc. Telephone: (703) 821-2500 Address: 8401 Greensboro Drive, Suite 300 McLean, Virginia 226102 Name: Miller and Smith Coverstone, LLC Telephone: (703) 821-2500 Address: 8401 Greensboro Drive, Suite 300 McLean, Virginia 226102 2. Property Owners (if different than above) Name: Richard G. and Donna Dick Telephone: (540) 662-1287 Address: 1600 Millwood Pike Winchester, Virginia 22602 Name: JGR Three, LLC et als Telephone: (540) 662-1287 c/o Richard G. Dick Address: 1600 Millwood Pike Winchester, Virginia 22602 Name: Gregory L. Coverstone Telephone: (540) 662-3149 Address: 334 Highbanks Road Stephenson, Virginia 22656 Name: Constance L. Tjoumas Telephone: (540) 662-3149 c/o Gregory L. Coverstone Address: 334 Highbanks Road Stephenson, Virginia 22656 I 3. Contact person(s) if other than above Name: Christopher M. Mohn Telephone: (540) 667-2139 Patton Harris Rust & Associates c Address: 117 E. Piccadill Street Suite 200 Winchester Vir inia 22601 Name: John H. Foote Telephone: (703) 680-4664 Walsh Colucci Lubele Emrich & Te ak P.C. Address: Glen Park I 4310 Prince William Parkway, Suite 300 Prince William Virginia 22192 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Gregory L. Coverstone Ann Coverstone Richard G. Dick Donna C. Dick Thomas A. Dick Michael E. Dick Cynthia Ann Pappas Constance L. Tjoumas John G. Russell III Linda C. Russell 6. A) Current Use of the Property: S) Proposed Use of the Property: Ellen, LLC i GK 'l three, LLI, LCR, LLC Liberty Hill, LC MDC Three, LLC Miller and Smith Land, Inc. Miller and Smith Coverstone, LLC Susan Sanders, LLC Golf Course/Club/Undeveloped Mixed Use Em to ent Center 3 Name: Cynthia Ann Pappas Telephone: (301) 949-7055 c/o Gregory L. Coverstone Address: 2816 Denley Place Silver Spring, Maryland 20906 Name: Ellen, LLC Telephone: (540) 667-4638 c/o John G. Russell III Address: 407 S. Washington Street Winchester, Virginia 22601 Name: LCR, LLC Telephone: (540) 667-4638 c/o Linda C. Russell Address: 407 S. Washington Street Winchester, Virginia 22601 J Name: MDC Three, LLC Telephone: (540) 667-4638 c/o John G. Russell III Address: 407 S. Washington Street Winchester, Virginia 22601 Name: Susan Sanders, LLC Telephone: (540) 667-4638 c/o John G. Russell III Address: 407 S. Washington Street Winchester, Virginia 22601 Name: Liberty Hill, LC Telephone: (540) 662-1287 c/o Richard G. Dick Address: 1600 Millwood Pike Winchester, Virginia 22602 Name: Thomas A. Dick Address: Name: Address: Name: Address: 3607 Lenox Forest Drive Midlothian, Virginia 23113 Timothy J. Dick 2758 Grove Street N.E. Atlanta, Georgia 30319 Michael E. Dick 221 East Tazewell Wa Williamsburg, Virginia 23185 Telephone: (804) 330-3139 Telephone: (404) 395-8393 Telephone: (757) 645-3071 2 7. Adjoining Property: SEE ATTACHED. PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 East), across from Sulphur Springs Road (Rt. 655) and The Ravens Subdivision. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel IdentificationlLocation: Parcel Identification Number: 64-A-82; 64-A-83; 64 -A -83A; 64-A-86. 64-A-87. 64 -A -87A• 64-A-89. 64 -A -100A• 64-A-10013. 64-10-1. 64-10-2 Magisterial: Fire Service: Rescue Service: Shawnee Millwood Millwood Districts High School: Middle School: Elementary School Sherando James Wood Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zonin Requested 276.92 RA R4 276.92 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 Horne N/A Townhome 500 Multi -Family 250 Non -Residential Lots NA Mobile Home NA Hotel Rooms NA Office Retail Restaurant Square Footage of Proposed Uses 100,000 Service Station 100,000 Manufacturing NA Flex - Warehouse Other NA NA N/A N/A. I 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. , Applicant(s) E� - 64 .. u icr- Nuel- Date 5/20/05 Miller %/� /// -�// ► WAVES Z_ Date 5/20/05 Miller and Smith Coverkone, LLC rol Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Winchester Regional Airport 491 Airport Rd Property #: 64-A-79 Winchester, VA 22602 Name: Winchester Regional Airport 491 Airport Rd Property #: 64-A-88 Winchester, VA 22602 Name: Glaize & Bro, LC P.O. Box 2598 Property #: 64 -A -80J Winchester, VA 22604 Name: Blue Ridge Industries P.O. Box 1847 Property #: 64 -A -80Q Winchester, VA 22604 Name: Main of Winchester, LLC 1936 Millwood Pike Property #: 64 -A -80K Winchester, VA 22602 Name: R & G Warehouse, LLC 119 Arbor Ct Property#: 64-A-801- Winchester, VA 22602 Name: Winchester Industrial Park, LLC 1936 Millwood Pike Property #: 64 -A -81A Winchester, VA 22602 Name: Winchester Industrial Park, LLC 1936 Millwood Pike Property#: 64-A-81 Winchester, VA 22602 Name: Raymond & Tanya Long 718 Chelsea Dr Property#: 64-A-134 Winchester, VA 22601 Name: Raymond & Tanya Long 718 Chelsea Dr Property #: 64-A-133 Winchester, VA 22601 Name: Terry W. & Lois J. Ruffner 112 Sulphur Spring Rd Property #: 64-A-132 Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Property #: 64-A-124 Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Property #: 64 -A -123A Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Property #: 64-A-123 Winchester, VA 22602 III Name: Potomac Edison Company 10435 Downsville Pike Property #: 64-A-1 24A Hagerstown, MD 21740 Name: Trustees of the James Pevton Darlinqton Trust 1543 Millwood Pike Property#: 64-A-122 Winchester, VA 22602 I Name: Lloyd Fisher c/o Mary E. Washington 813 N 18th St Property#: 64-A-116 Harrisburg, PA 17103 Name: Raven Wing Homeowners Association P.O. Box 888 Property#: 64G -2-1-52A Winchester, VA 22604 Name: David W. Loy 1441 Millwood Pike Property#: 64A-7-1-15 Winchester, VA 22602 Name: Robert A. Frazier 1427 Millwood Pike Property#: 64A-7-1-14 Winchester, VA 22602 Name: Robert A. Frazier 1427 Millwood Pike Property#: 64A-7-1-13 Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property#: 64A -7-1-12A Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property#: 64A -7-1-11A Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property #: 64A -7-1-10A Winchester, VA 22602 Name: Raven Wing Homeowners Association P.O. Box 888 Property #: 64G -2-1-63A Winchester, VA 22604 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln #: 64A-7-1-8 Clearbrook, VA 22624 -Property Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property #: 64A-7-1-7 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln o ert #: 64A-7-1-6 Clearbrook, VA 22624 ame: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln o ert r #: 64A-7-1-5 Clearbrook, VA 22624 ame: Douglas A. Hartley 100 Stanley Dr Property#: 64A-7-1-4 Winchester, VA 22602 Name: Douglas A. Hartley 100 Stanley Dr Property #: 64A-7-1-3 Winchester, VA 22602 Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd Property#: 64A-7-1-2 Winchester, VA 22603 Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd Property#: 64A-7-1-1 Winchester, VA 22603 Name: Helen J. Sempeles Trustee 107 Roszel Rd Property#: 64A -A-12 Winchester, VA 22601 Name: Winchester Outdoor 355 S Potomac St Property #: 64A -A-13 Hagerstown, MD 21740 Name: Mary K. Hockman 104 Oak Side Ln Property #: 64-A-84 Winchester, VA 22603 Name: Mary K. Hockman 104 Oak Side Ln Property #: 64-A-85 Winchester, VA 22603 Name: Marlow Investments, LC 707 N Commerce Ave Property#: 64-A-89A Front Royal, VA 22630 Name: Fredericktowne Group, LC c/o Richard Dick 1400 Millwood Pike Property#: 64-10-2 Winchester, VA 22602 Name: Karen B. Barrett-Perry, et als P.O. Box 807 Property#: 64-10-3 Stephen City, VA 22655 Name: Prince Frederick Group, LC c/o James L. Mcilvaine, Jr. 6231 Leesburg Pike, Ste 600 Property#: 64-A-89B Falls Church, VA 22044 May 19 05 01:01P PHRR WINCHESTER 540-665-0493 P.7 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site- vrvrey Mlrcderic;s �a us Department of Planting Wit: Development, County Of Frederick. Virginia, 107 North Kent Streets Winchester, Virginia 22601 Phone 540-66-1-5651 Facsimile 540-665-6395 Know All Men By ]'hose Present: That I (We) (Name) 1 iberty hill, LC (c/o Richard G Dick) (Phone) 540-662-1287 (Address) 1600 Millwood Pike Winchester Virginia, 22602 the ovvner(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 afFrederick, Virginia, by Instrument Number 040011820 and is described as Parcels: 83A. 86, 87, 87A Lot:=131ock: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name)_ Patton Harris Rust & Associates c (Phone} 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 And (Name) Walsh Coiucci Lubele , Fmrich & 7`e ak PC (Phone) 703-680664 (Address) Glen Pa -k 14310 Princc William Parkwa . Suite 300. Prince William Vir inia 22192 To act as my true and lawful attorr:ey-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits A Master Development .Plan (Preliminary and Final) _ Subdivision Site Plan My attomey-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 is'escinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this da Signature(s)Lo Q AAA /L/ /�i L- :.. / State of Virginia, City/County of k (LNNlte— ]'kv t, i � rd 1' r ` � a Notary Public in and for the jurisdiction aforesaid, certify tha± $ e persou(s} who si�^ted to the foregoing instrament per�so�nal�ly appeared b e rn� and has acknowledged the same before me in the jurisdiction aforesaid this -s��__ day of 2005 t t�f nt:wv y Camrrtission Expires: t' ��;?ckJ Nntary �l,l Pii� p ---� Ma', 19 Cts 12 58P F'HRA UINCHESTE2 54 1-GGS-0149:3' P'2' ay ��Speciril Limited Power of AttorneyCounty of Frederick, Virginia DICR-rtrAtemt Of P')<.x,auing; X41 eVflopmeM4 County of Frederick, Virgkanst, 107 N anh Keit Street, Winchesfar„ VirEiiraia 22601 Pho" 540.665-5651 ;['assimile 540-665-6395 Know AAA `Atni By Those Presant: That 1(we) (Narne) 7 hard �. and nanra r?;,.k _ —_ — (Phone) 540-66x2-123 i —._---- ---� _--- A.&ressl 1600 Millwood Pike. W nck�stcr, Vir8in7a. 22602 the uvv= er s) of all :hese tracts or parse's of land (Proae�cy"j corM- ed to -ale (us), by deed recorded in the vlerk`s Off ice of tiro Circuit Court of the Coar ty of Fre:lerick, Virginia., by Deed Book "68 —�_ on Page . 769 -� and is descrit d as Parc,T 83 Lot Block: -4 Section: 64 _5ul}d�ision: do herebv make, consuwte. and appoint: - _-------_ ---- —_--� lNamry—F?attcn Barris Rust & Associates, pe (Addeess 117 B. PiccadIv Street. Suite'QUO, And (hark; 41%alsli, Caius,i, Lue1e:. Enrich. dr. 7'en:ak PC tAddres (3)en Park 1. 1{l Yri ire Willian irktivSuite X21, r_r.' see 44°ili;amyt'ir _aa 12' 32 ---- T o act as Trey `aue and la`NfLl attorr-eY-in-fact: for and au my (oau ;^.. +tie, place, and stead x - 6th hull ,power and authority I (ter) would have. if acting personally to f le pi tin ng applications for nay (o, r) above described Property, including )C_ Rezoning, (including proffers) Candstional Use Permits X Master Development flan (P.-chminury and final) _ Subdiadsjon __. site Ylara hely attorney-itr-Pa - she.ii have the authority to offer profered conditions and to --take. arnrnlTne N t«;re"6t?_:)ia` s].Yproved jvor�eved s: onditions except as f171i(iIYS: i lia::.au -Lor ization sal' expire one year firo_n the day it is sigaed, or untii it is artherwis r scunded or mrnaeitaed. - ,difie ss -` --- . , , I , .. . . - . -7 ( M-% - . I/vI „ r State of vigiria, "orci: C�' "y _---�, a _tiotaiy Public in and fie dm- junsdictivar a#ore ;aid cern a'tliac the persons) who sigt ed to the foregoing lust wtr nt frersunal)ly?npearedb-f)re me and.iras .t,:Y_�sb fedi g ed fi e sa?r*e lief;re rets in +21L a�a-fisc is ti: n aforesaid thas �1_ciry of 1 , ?005 — �r, haY E a7TiTiiiSS1CT1] Expires: + — Notai7y Pub-1111Z-- Mai 19 05 01:15p PHRR WINCHESTER 540-665-0433 p.2 Special Limited Power of Attorney County of Frederick, virginia Frededick pianning wet) Site: M-ea.>h°ededek-v ags Departinent of P>Iaamming ds Developmeast, county of Frederick,Virgilmsa3, 107 North street, Winchester, Virginist 221101 Phone 540-665-565I Facsimile 540-"5-6395 Know All Filen By Those Prescnt: '17bat I (We) (I+]arne) Timothy 1.Dick ("c/o Richard G Dick) (Phore) 440-oo'2-12f7 _ ;Address) 1600 AV,Ewood Pike. Winchester. Virgin, . 22602 rhe w mer(s) of all those tracts or parcels elf,and (" Properry") conveyed to me (us), by deed recorded in the Clerk's Qr sce of the Circuit Court of the County of Fredenc;k, Virginia, by Instrument Nttrnber - 040011820 and is described ::s Parcels: -83A, 86, 87 87A Lot—Block: A Tax Map/Section: 64 stibdivision: do hereby make, Constitute and appoint.: (Name)_ Patton Harris Rust & Associates nc_A(Phorae} 540-6b7-2134 (Address) 117 E. Piccadilly Street, Suite 200. Pv irrr�este i Virginia 22601 --- And r1`'ame Walsh Colucci Lubeiev Enrich & TeMa L PC Phone ( )_ G3-Ei;0-4664 (Ad l ess) Glen Park 1 d"110 Prilice illiam Pzrl way Suite 3(?G, Prince 1�i,iiatn 4'irginta 22192 To act as my true and la wful attomey-in-fact for and in tray (otu ) name piece, and stead with fall pcnver and 001111 city I (we) would have if acting personally to file plznning appiicarions for my (our) above described Property, imcluding X Rezoning (including proffers) Conditional Use Permits X Mister Developrrrerit Pian (Preliminary and F'iaal) Subdivision Site Plan My attorney-in-fact shall lave die autbonly to offer proffered conditions and to rake amyl drnents to pr v cusly approved proffered conditions except as follows: r_i:;dired. In wi es: Signatwe(s - —., —F— vuc ycai 11011.1 lIle Qay U :s Spee, 01 itntt] It is otlierwise rescinded or I (we) have hereto set my (our) hand and seal chis day O ' 2005 State ofVirgitua, (Iyicounty of To --wit: a Notary Public its and for the jurisdiction, aforesaid, certify that the person(s) who signed to the foregclirtg aastnunent ptjsDnail Ay appeared b r re 1e and has ack-nowledged the same before me. in the jurisdiction aforesaid ,this �� day of 20Qq ,MY Cz rrur_ission Expires:�� a io12_r`� Puhl;c �—� °�1j�� 540-63ft5-0493 P.3 mMaw1I 9 05 01:1.5p ral-IRA UINCIAESTER SpecKal Limited Power of Attorney Coun-tv of Frp 61412 -Lia" edex, kv" Frederick Pimimaj.ug vieb Site: YME, - —Ck- ')eP2-rtment Of Pbadug & Developweat, C-Quaty of Fredexick 14r.givil, "07 North Kent street. wimch wlcr,'Virgfimx ",2601 PhOnc-, 54&665-5651 Miminijig :vAa-"5-639,j Know Ai.? ;-her,, By Those Present: That i (We) (i43V-46 Dick cjq .rticl arcs p (Address) 1600M—;0v,-ood?ike —'Alinc- hc-r Virgmia.2-2602 the owerisof all " vvto )iPCT))mes), e - Ie, Clerk's Office of the Circuit Court o ,f the County of F-,cdf- ,rick, Virgwia., by and is described as Parcels: -E!.-4,96,?-7--8-!A Lot: Block: A TaxM?piSection.-fj4 SubdiVj,,40 do hereby lmke, Consfilu!t, and arm � j (Martie). PAU= Harris Rust & Associates, pc A4 I Street 5aite y �()o Nv __jj Stej re _a And (Naip,09, - Lijcm. LubtIM Enna. rualc PC (Address) Csle.r Park I. 431U To ac' as my true and lavTul atIomev-in-t flor and inmy (oujj tzar I - , p. aUthorit W -j aiid Lead with full DoweT and y I would fmve LfactirlZi, to file plauaiwg ippjjczti4 ms ft rm�, (our) abo,,Te, described Propeity, including Rezoning (including proffer,; Conditional Use rtrmits --;nL- Master Development Pian'preA Subdivision �� v.neilstri and Finxt) sfte Plan My attomey-in-fact sliall leave the authority IU 0 SICT proffered c on.dif i ojzs a ad 'to make mmerdm& t-jr., f"oy0u s ly a p rIT r)v e"j PT.C, ffer,'� rl Conditions except a-$ follows: rj� - This authorization shall expire one year frvin the d it is si2ne.d, or it is otherwise Ye-scir.ded' Jr modified. a Ir. wtitncs4 t# r.reof, I {we) have he roto set rriy {otiT} hari3 and sea, this Vf dayofffl _bo -5 signatuww State of Virg, 'ity/County of a Noury Rablic in and for the jurjs-hcTjc;n afforesaid, certify that the person's) -ho signed to the foregoing mst-unif�--nt ptarsopally appc!ared bre me a . - t - and h 3 acknowledged the same i)ef0'f-- 'Tie in the jurisdiction af^oresaici this av ol, 2005 MY Cenurussio.-i Expires: TvMola,vl, u�bfic May 19 05 01:16P PHRR WINCHESTER 540-665-0493 p_4 Special Limited Power of Attorney — County of Frederick Virginia Frederick PIRnuinf.N Web q_ite. .�cr f �tiet c � Wpa Department Of Planning & Deivelvpara=4 Co" of Frederick, Vlr - 07 forth Kent Street, U llkch stter, V tea' Phone 540-666451 Faesimfte 540-665-6395��a Know All Men By Those Present: That 1 (We) (?darnel 'Phomas A. Dick c/o Ricbard G, Dick) ("Phone) 5540-662-.1287 (Addrrrel t�nn ee:u....._� •.- _ he owners! of all those tracts or parcels of land (°'Property") conveyed to me us ti.lerk's Office of the Circuit Court of the County of Fredenck, Virginia, by ( }� by deed rRcara— `ems Instnirnent Number 040DI 1820 and is described as Parcels: 83,4, 86, $�i 7_ g7A Lot._____Block: A Tax -N'fap/Section: 64 ,ulydiris_on: do hereby make, constitute aid appoint: ---�'� (Name) Patton Harris Rust &. jkssociates (l�ho;ie) 540-667.2139 (Address) 1.17 E. I'ircadilh Seeet. Suite 200. Winchester, Vir in -a 22601 And (Dame (Address) G!en Park 1. 4310 Prince Ptr1ti" ',V Suite 3fice William Vires To act as n7y :rue and la-ful attorney -in -fa- for and in my (our) name, place. aztd stead with full power and atrthari . i ; wee} would have if acting personally to file planning applica Property, including tions for my (our) above described Rezoning (including proffers) _ Conditional Use PeriWts X Master Development Plan (Prelirreinary and Final) Subdivision Site Plan My attorney-in-fact shall have rite authority to offer proffered condition and to �[� �teridrttertis to previously approved proffered c.�nditions except as follows: This authorization shah expire one year from the day it is signed, or until it is otherwise r scin¢eor modified. In witness and seal this day of ( 2005 A MEOW - . ,--fi -- - ---q_ 0 Vii► s State of Virginia, City/County of t �� t')� �� r- �- ��1 a Notary Public in and for the jurisdiction aforesaid, certify that lie persons}who sibned to the forem Ing instrument pe:sanslly appeared b and has ack-nowledged t.Re sarge before me in the jurisdiction aforesaid flus --daf - • _ 2005 - mssion Expires: Public _ �_ i Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Constance L Tioumas (c/o Gregory Coverstone) (Phone) 540-662-3149 (Address) 334 Hi hbanks Road Winchester Virginia, 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 962 on Page 0390 and is described as Parcel: 82 Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 And (Name) Walsh Colucci Lubeley, Emrich & Teryak PC (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attomey-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, Signature(s State of Virginia, have hereto set my (o"md and seal this --10 day of ✓ '2005 , of ,To -wit: (� t e riov C eAfs 4cliAe 1, C�Mf ksr-A Oc?G°-y � cyh a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of MCA 2005 My Commission Expires: Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Cynthia Ann Pappas (c/o Gregory L. Coverstone) (Phone) 540-662-3149 (Address) 334 Highbanks Road Winchester Virginia 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 962 on Page 0390 and is described as Parcel: 82 Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates pc (Phone) 540-667-2139 (Address) 117E Piccadilly Street Suite 200 Winchester Virginia 22601 And (Name) Walsh Colucci Lubeley Emrich & Terpak, P.C. (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway Suite 300 Prince William, Virginia 22192 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I, ) have hereto set rny-(o�r) hand an)geal this day of�, 2005 Signature(s State of Virginia, of ,To -wit: (— (60of s. -f l a)1'S `K_:'( \- .r , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged thesamebefore me in the jurisdiction aforesaid this 'Z ri day of �, 2005 LA� )� (��{ My Commission Expires: e Cit Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Gregory L Coverstone (Phone) 540-662-3149 (Address) 334 Highbanks Road Winchester Virginia 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 962 on Page 0390 and is described as Parcel: 82 Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates pc (Phone) 540-667-2139 (Address) 117E Piccadilly Street Suite 200 Winchester Virginia 22601 And (Name) Walsh Colucci Lubeley Emrich & Terpak P.C. (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. ;��; In witness thereof, I fes) have hereto set my (our�nd and seal this day of_, 2005 Signature(s State of Virginia, City/Co ra of V L) I- Doll0,s; V To-wit:-Q(200J COU ' CS OY ED CC I SCAr,\ a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b fore me and has acknowledged the same before me in the jurisdiction aforesaid this _G day of, 2005 �(';I{,_It�� My Commission Expires: _ga t G 1 Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.colrederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540$65-6395 Know All Men By Those Present: That I (We) (Name) Ellen LLC (c/o John G. Russell III) (Phone) 540-667-4638 (Address) 407 S Washington Sty Winchester, Virginia, 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name). Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117E Piccadilly Street, Suite 200, Winchester, Virginia 22601 And (Name) Walsh Colucci Lubeley, Emrich, & Temak, PC (Phone) 703-680-4664 (Address) Glen Park 1 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my true and lawful attomey-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. 1 ,, In witness thereof, I (we) have hereto set my (our) hand and seal this 2"1 � day of {L aq2005 , Signature(s) iL LL4,g 94, 7_QJ State of Virginia, City/County of 61/� 'ice ,To -wit: )Qh(1 G,7J J s�� 1,IAlr bCA �!r S or N a NotaryPublic in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this day of �`au , 22005 �Qa``� My Commission Expires: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) MDC Three LLC (c/o John G Russell I11) (Phone) 540-667-4638 (Address) 407 S. Washington St. Winchester Virginia, 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number 040011820 and is described as Parcels: 83A 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates pc __(Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 And (Name) Walsh Colucci Lubeley, Emrich & Terpak PC (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway, Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. [ ` In witness thereof, I (we) have hereto set my (our) hand and seal this 2 l day ofMW , 2005 , Signature(s) State of V City/County of W � O Si To -wit:, �Oh i� !')l.�► �' Mo f -rt % CJr-� a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument persoilally appeared b ore e and has acknowledged the same before me in the jurisdiction aforesaid this?,, 'h day of 12005 My Comrnission Expires: 1 W 1 ` Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Susan Sanders, LLC (c/o John G. Russell III) (Phone) 540-667-4638 (Address) 407 S. Washington St., Winchester, Virginia, 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 And (Name) Walsh Colucci, Lubeley, Emrich, & Temak, PC (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. � j In witness thereof, I (we) have hereto set my (our) hand and seal this �-1 day of NaV 2005 Signature(s State of Virgu.a, City/Countyof W tY)0hQS4er- ,To-wit:30hr) G. �AL6,�OJ! I, Ofl(a,mJA Cfl Qiy_l Si ' a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 2005 0 ' On&, '3 My Commission Expires: 60 ('1 1 3G Za0% *;AESpecial Limited Power of Attorney ®aunty of Frederick., Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) LCR LLC (c/o Linda C Russell) (Phone) 540-667-4638 (Address) 407 S Washington St.,Winchester Virginia 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number 040011820 and is described as Parcels: 83A 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates pc (Phone) 540-667-2139 (Address) 117E Piccadilly Street Suite 200 Winchester Virginia 22601 And (Name) Walsh Colucci Lubeley, Emrich & Terpak PC (Phone) 703-680-4664 ( Address) Glen Park 1 4310 Prince William Parkway Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. (J In witness thereof, I (we) have hereto set my (our)hand and seal this day o^at4 1 2005 , State of Virginia, City/County of C/) tnS- To -wit: t-1'/?C1�1.�. !' L.tSS�E'. 11 I,on QriW, Pnor 'k'So-% a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b f re me and has acknowledged the same before me in the jurisdiction aforesaid this 2y4�1 day of2005 • My Commission Expires:Iv� ` 1Uti i Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) JGR Three, LLC (c/o John G Russell III) (Phone) 540-662-1287 (Address) 1600 Millwood Pike Winchester Virginia, 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 Number 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Hams Rust & Associates pe (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 And (Name) Walsh, Colucci, Lubelev Emrich & Temak PC (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway,Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this _`r41 day of"(A�_ , 2005 Signature(s)cyt/z / �✓�-( %j�Le� !%— r State of "rfginia, City/County of w t ockS-� To -wit:. j ah n 6 ul'—i—IF I, Qr�--SAH 10ft-� %cr, a Notary Public in and for the jurisdiction �— aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b ore me and has acknowledged the same before me in the jurisdiction aforesaid this _day of W, 2005 �Z My Commission Expires: Notary Public gilbert w. clifford & associates CARPERS VALLEY a division of Patton Harris Rust & Associates,pc Engineers. Surwyors. Planners. Landscape Architects. 117 East Piccadilly Sheet, Suite200 LOCATION MAP GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 NO. DESCRIPTIONDATED I�NYD APRYD DATE T 540.667.2139 REVISION Ll F 540.665.0493 DESIGN SURVEY DRAWN DATE PRS JUNE 24, 2005 CHECKED SCJIF CMM NTS SHEET FIE NO. 1 OF 4 gilbert w. clifford & associates CARPERS VALLEY a diViSlGfl of Patton Harris Rust 8 Assoclates,pc Englneere. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 LAND USE PLAN GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 NO. DESCRIPTION DATE REVSD REVWD APR✓D GATE T 540.667.2139 REVISION I F 540 665.0493 DESIGN SURVEY DRAWN DATE PRS June 24, 2005 CHECKED SCALE CMM NTS SHEET FlLE NO. 2 of 4 gilbert w. clifford & associates CARPERS VALLEY a divi n of Patton Harris Rust 8 Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Pimadilly sheet. Suite 200 TRANSPORTATION PLAN GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 NO. DESCRIPTION DATE REVS'D RDAYD APWD DATE T 540.667.2139 REVISION F 540 665 0493 DESIGN SURVEY DRAWN DATE PRS JUNE 24, 2005 CHECKED SCALE CMM NTS SHEEP FlLE No. 3 OF 4 ... 1u \ c`J ryQ� pg 64 -A -86 --'1N j 64 -A -82 64 -^ gilbert w. clifford & associates CARPERS VALLEY a division of Patton Harris Rust & Assoclates,pc Engineers. Surveyors. Planners. Landscape Architects, 117 East Piccadilly Street, Suite 200 BOUNDARY PLAT GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 NO. DESCRIPTION DATE F EYS'D RENYD APRVD DATE T 540.667.2139 REVISION F 540.665.0493 DESIGN SURVEY DRAWN DATE PRS JUNE 24, 2005 CHECKED SCALE CMM NTS SHEEP FILE NO. 4 OF 4 Contents: I. Project Introduction II. Design and Development Standards Cohesive Design Residential Standards Commercial / Retail Standards Employment Center / Government Parcel Standards Suggested Building Characteristics Street Standards Public Streets Private Streets Streetscape Design Landscape, Screening and Open Space Standards Modifications Carpers Valley — Frederick County, VA 011 Design & Development Standards 2 I. Introduction The site is intended as a mixed use residential and employment center anchored by roughly 100 acres initially reserved for the development of federal government facilities. These significant employment uses will be complemented by a variety of other commercial and service uses as well as moderate to high density residential uses, all of which will be developed in a functionally and aesthetically unified manner. Attainment of such an integrated development program will occur through the application of uniform design guidelines and the implementation of a multi -modal transportation network, both of which will be proffered by the Applicant. The proposed rezoning will establish a neighborhood unique to Frederick County, because of its explicit provision for a balanced mix of mutually supportive uses in an area already served by public facilities and a good road system. The presence of significant employment uses within the project will catalyze a synergistic relationship between land uses that will enhance the economic vitality of the area and achieve a more sustainable form of development than has been the historic pattern in that area. The Comprehensive Policy Plan identifies the planned use of the site as a mix of business/office and transitional land uses. The mixed use employment center concept proposed with this rezoning is consistent with this land use vision, and provides for its realization in an efficient and dynamic manner that is preferable to the single use pattern that has predominated within the Urban Development Area (UDA). Carpers Valley — Frederick County, VA ----- -1� _ __ 5 -o©-� Design & Development Standards 3 II. Design and Development S t wdards Cohesive Design Much of the success of the Carpers Valley project depends on the intimate relationship between structure, parking, street and open spaces. The following topics will be coordinated with respect to the cohesive design of Carpers Valley. Structure Location on lot Relationship of primary facade to the prevailing street Setbacks- Allow intimate pedestrian scale to be developed between building and street Materials Height transitions Parking On -Street importance Traffic calming effect Proper screening of vehicles if visible from street or pedestrian area Street Network Pedestrian scale Vehicular efficiency Traffic Calming Streetscape uniformity Landscape uniformity Linkages Mixtures of Uses Mixed uses within landbays allows: Greater flexibility within each landbay Greater use possibilities Core of interest and activity to extend hours of use Carpers Valley —Frederick County, VA Lot Sizes Multiple sizes encourage creative design Setback reductions to enhance the use of land Allowance for a variation of building setbacks to create a dynamic landscape and streetscape. Design & Development Standards 4 Single F awiely Attached — Ailey Served or without Garage Dwelling Units Per Acre TBD Total Number of Units: Parking: Building Leight: Building Use: Building Placement: Lot Width: Lot Size: Front Setback: Side Setback: Rear Setback: TBD 2 Spaces Per Unit garage, parallel, or off street 35' maximum Single Family Attached Units Lot Dimensions Vary 16' Minimum No Minimum- as long as setbacks are met (allows narrower product mix) No less than 10' No less than 10' on ends No less than 5' to garage in rear load condition 20' without garage .Mee _ _.__.... 16',hlireimumPuvemeni i' RnimumRearBuildingSetback to Easement 20' wif.Tmut Garage Rwld,ag Depth ('antes t!)' M aimuin Front Budding Sethack 4' dfintnaan Sidewalk 6'Minimum Planing with Trees (3' without} Public or P vgte Street with on Street Parking Single Futnilr 9aachetl Rear Load Garage Carpers Valley -- Frederick County, VA Design & Development Standards 5 R r i { Design & Development Standards 5 Single Family Attached — Front Load Garage Dwelling Units Per Acre TBD Total Gross Land Area: Total Number of Units: Parking: Building Height: Building Use: Building Placement: Lot Width: Lot Size: Front Setback: Side Setback: Rear Setback: TBD TBD 2 Spaces Per Unit garage, parallel on -street, or off street 35' max Single Family Attached Residential Units Lot Dimensions Vary 20' No Minimum- as long as setbacks are met (allows narrower product mix) No less than 10' No less than 10' on ends No less than 20' Carpers Valley — Frederick County, VA Secondart Street t0'm.I;runt}'ardtvcotcutpar rng space ut front ofgarage i f Building Depth 6'aries 10' A4in. Side Setback wi ends 20' Alin. Rear Building Sethack Single Famili' Attached- FrontLuadGarage Design & Development Standards 6 Single Family Attached — Stackefi Garage Units 16 Dwelling Units Per Acre Total Gross Land Area: Total Number of Units: Parking: Building Height: Building Use: Building Placement Lot Width: Lot Size: Front Setback: Building Separation: Rear Setback: TBD TBD 2 Spaces Per Un I'; garage, parallel, c_ off street 55' maximum Single Family Att- <ched Residential Units Lot Dimensions '�% -ary No Minimum — It, e governed by setbacks and product dimensic No Minimum- a: ',,ng as setbacks are met No less than 20' Building Separation more than 20' 20' Rear setback Public or Private, S(--- t rritb on Street Parking Single Family Attatched - Stacked Flats Bear Load Garage 11' Minimwn Pavement 10' Minimum Bear Building Setback to Easement 18' Min. to coma parking space in fi-ont ofgarage. Building Depth Varies 20' btin. Building Separation 20'A fin. Front Building Setback 4'Minmrlurn Sidewalk 6' Afinirnam Planting with Trees (_?' x-ithouq Carpers Valley — Frederick County, " Design & Development Standards 7 Multi -Family 24 Dwelling Units Total Gross Land Area: Total Number of Units: Max. # of Units per Bldg.: Parking: Building Height: Building Use: Building Placement: Front Setback: Building Separation: Rear Setback: TBD TBD 24 2 Spaces Per Unit Surface Lot or Off Street 55' maximum Multi -Family Units (lease or condo) Lot Dimensions Vary No less than 20' Building Separation no less than 20' No minimum Carpers Valley — Frederick County, VA Multi- Family surf ..'e parking (tor and w sft eri 22' nvr0- 20'dfhl '-separation&,baaen, r (dings 20S1f'rsimum Fro" Building Setback 41dfiniwi Sidewolk 6'blininnem Planning a ATrees r3'roirha l; Desi,an & Development Standards 8 Suggested wilding Characteristics The over -arching goal of building design within Carpers Valley is the creation of a unique sense of place and enduring character. As such, development within Carpers Valley shall be unified through the use of complementary building facades and materials as well as careful attention to the scale and placement of buildings. To achieve the desired design outcome, all new development shall be reviewed and approved by an architectural review committee (ARC) managed initially by the developer and subsequently by the master HOA. The ARC shall ensure that the following guidelines are met: Residential Standards • Individual neighborhoods within Carpers Valley shall be comprised of similar style homes. This provides a sense of identity to the individual neighborhoods. • Similar construction materials shall be used for each individual housing edition, chosen by the builder. • Single Family Attached buildings shall not exceed a height of 35', except for stacked flat building, which shall not exceed a height of 55'. • Multi -Family buildings shall not contain more than 24 units per building and shall not exceed a height of 55'. G Carpers Valley — Frederick County, VA Commercial/Retail Standards • Buildings shall be constructed of similar materials and conform to a specified style. Form and style should be cohesive with the remainder of the development. • Buildings shall not exceed 60' in height Employment Center/Government Parcel Standards • Buildings shall not exceed 55' in height. Design & Development Standards 9 Street Design Standards A Principal goal of the street standards for Carpers Valley is to shift the emphasis from merely accommodating vehicular traffic to encouraging pedestrian and bicycle movement, thus assuring a true multi -modal transportation network. The street framework shall support a wide range of land uses, and create a public infrastructure that encourages pedestrian movement, street life, and a sense of community and place. General Standards ■ All public streets will be designed in accordance to VDOT Standards. ■ Private streets shall be developed to VDOT structural and geometric standards, except for alleys and travelways serving parking courts. ■ On -street parking is encouraged in all areas. Such parking further adds to the amount of shared parking available for lot owners thereby reducing the number of spaces required on individual lots. On street parking provides the added value of creating a buffer for pedestrians using adjoining sidewalk or trail facilities. ■ Parallel Parking requires 7' min. designated lane on side(s) of road where parking will take place. ■ Sidewalks shall be a min. of 4' wide. ■ Planting strips between the sidewalk and streets shall be a minimum width of 6' if they are to accommodate plantings. ■ Bike lanes shall be a min. of 6' wide. ■ Alleys require a min. or 20' ROW and minimum pavement width of 16' ■ The street width will vary to accommodate parallel parking Carpers Valley — Frederick County, VA ® Curbs along parking shall be straight; curbs along medians shall be rolled. Curb Extensions shall be required at the end of blocks where parallel parking is present. Curb extensions will decrease distance between blocks for pedestrians at crosswalks. Such extensions will further separate parking lanes from driving lanes, thus providing an effective traffic calming measure. ■ Demarcation of crosswalks through paint striping, textured pavement or alternative materials shall be provided at street intersections. ■ Design speed for secondary streets shall be kept at 20 to 30 mph ■ Design speeds of 20 mph shall require a curb radius of 15' for intersections with secondary and private streets. ■ Curb cuts shall be reduced as much as possible on collectors and primary streets to improve traffic safety. Design & Development Standards 10 Typical Street Sections for Careers Valley 52' PRIMARY INTERIOR PUBLIC STREET- ADT'S TO 400 VPD 5' 14' 14' 5' 12' S 5' 28' 12' 52' Carpers Valley — Frederick County, VA 60' PRIMARY INTERIOR PUBLIC STREET- ADTS FROM 401-1500 INCULDES ON -STREET PARKING Design & Development Standards 11 COVERSTONE DRIVE 80' ROAD M CURB AND GUTTER INCLUDES LEFT TURN LANE J 6' 1 iu'IL* 15,±/_ —�—Lr MEDIAN W1 5'------tvAR ----5'43'-, M TRAIL MIN, FT TURN LANE .5, ROW For Maior Collecter COVERSTONE DRIVE 80' ROAD W1 CURB AND GUTTER Carpefs Valley — Frederick County, VA 80' ROAD W/ CURB AND GUTTER WrWCES EFT T. ALLEY TYP. 20'EASE,MENT - 16'PAVEMENT ngress I Egres 20' Easement Design & Development Standards 12 Streetseape Resign Standards The unique sense of place intended for Carpers Valley will be derived largely from its streetscape, which will be defined by the intimate relationship between structure and street. The streetscape within Carpers Valley will be designed pursuant to the following: Residential Standards • Streets trees shall be placed at approximately 60' on center. • Large Canopy trees shall be used as street trees. This will provide protection for pedestrians from motorists. Street trees visually unify a neighborhood. They shall also serve as a traffic calming devices and add character to the neighborhood. • On -street parking is encouraged. This too can add character to the streetscape. Primary and secondary residential streets shall place primary structure lots in regards to the "man to enhance," the relationships of the pedestrian and motorist. Materials to be used shall be diverse yet complementary to create a sense of place. Carpers Valley — Frederick County, VA • Streetscapes shall maintain a pedestrian scale, which shall be formed by reduced front yards and inviting architectural treatments. Streets shall enhance vehicular efficiency while maintaining natural topography (when appropriate) and serving as a network for pedestrians and bicyclists. Commercial / Retail Standards • Street trees shall be used to create a visual connection between the structure and the street, thus integrating commercial uses with the surrounding neighborhood. • Street trees shall be placed approximately 50' on center. • Street furniture shall coordinate with the character of the surrounding buildings to enhance the character of the streetscape. Employment Center / Government Parcel Standards • Streets and medians shall be lined with trees and shrubs to break the monotony of the parking lot and even out the elevation changes between the parking lot and building. • Large canopy trees shall be installed around perimeter of the parcel. Design & Development Standards 13 Landscape, Screening, and Open Space Standards The open space and screening standards for Carper Valley are intended to set a landscape standard with a broad range of street plantings, formal greens, parking lot plantings, buffer treatments and natural parks. General Landscape Design Standards Vegetation/Materials • Provide woody plants that are respectful of the surrounding scale of both buildings and streets. • Native plant species should comprise a significant portion of all new landscape improvements. • Lawns and turf zones within the street right-of-ways and other development areas may be seeded or planted with sod. However, a standard turf shall be established throughout the entire project and must meet quality certification requirements of the Virginia Association of Turf Growers. • Portions of existing vegetation, where appropriate, will be preserved and incorporated into the development. • Color and Specimen Material should be used generously at key points in the landscape to aid visibility (i.e. entry signs, directional signs, plazas, etc.). • Plant material massing and grouping can be used to achieve this goal. • Canopy trees shall be used in open spaces and pocket parks to naturalize and shade the area. • Ornamental trees should be used as accents to provide visual emphasis. • All evergreen shrubs (in public areas) must be winter -hardy with a min. size of 18" spread. • Selected vegetation should be compatible with or selected from native varieties. Tree and shrub materials planted as one landscape should be similar in size and shape of surrounding specimens. • Evergreen trees shall be strategically used to provide winter interest, screen objectionable views and parking, and serve as a backdrop for other plant materials. Carpers Valley — Frederick County, VA Design & Development Standards 14 Carpers Valley — Frederick County, VA Openspace Pocket parks should be designed as secondary focal points to Open Greens located throughout. .Pedestrian and Vehicular Routes • Landscaped streets and trams shall be provided as a linking entity throughout the community. Trails shall connect neighborhoods to the commercial, retail areas and to government/businesses. These connections will become a critical part of the pedestrian movement in the community. • Street trees and canopy trees shall be used as a traffic calming device, control views and enhance the visual appearance of the street. • Trees and shrubs which produce fruits and/or nuts shall not be permitted along sidewalks. • Use quality materials that will stand up to daily use and abuse and that will age gracefully. • Provide materials that may be easily maintained over time. All planting beds should be separated from lawn areas with concrete walks, steel edging or curbing. Design • All landscape designs shall be coherent throughout Carpers Valley. This creates a sense of community and durability can be greatly achieved through simple design. • Plantings shall be grouped, when appropriate, versus scattered and shall incorporate minimal species mix over numerous species. Topography will be preserved or used, when appropriate, to provide relief to the continuum of development. The combination of topography and vegetation will provide natural areas of interest throughout the project. Parking Lot Lighting shall provide adequate illumination for security. The pole fixture shall be coordinated with the design and color chosen for pedestrian fixtures (street furniture and signage). o Residential fixture height shall not exceed 14' o Commercial fixture height shall not exceed 24' Design & Development Standards 15 CammercialfRetail Standards • For security and surveillance purposes plant material shall not exceed 36" and tree limbs shall be maintained so that the canopy and limbs start at 12' above ground level. • Lights in parking lots shall be downcast to minimize glare and the fixtures shall be properly designed to promote cohesive project design. • Shrub height should not exceed an un -manicured 30' high in focal point areas. All evergreen shrubs must be winter -hardy with a min. size of 18" spread. • Street trees and canopy trees shall be used to control views and enhance the visual appearance of the street. They shall also be used in parking islands to break the monotony of the parking lot and provide shade for parked cars. Employment Center/Government Parcel Standards • Plaza space should be used as a focal point of the site design • Shrub height should not exceed an un -manicured 4' high in high focal point areas.. • All evergreen shrubs must be winter -hardy with a min. size of 18" spread. • For security and surveillance purposes plant material shall not exceed 36" and tree limbs shall be maintained so that the canopy and limbs start at 12' above ground level. • Street trees and canopy trees shall be used to control views and enhance the visual appearance of the street. They shall also be used in parking islands to break of the monotony of the parking lot and provide shade for parked cars. Landscape Practices A standard planting practice shall be used. All plants shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen. All plants shall be approved by a Landscape Architect as `hardy' for Fredrick County and most should be grown locally in a nursery. Also, the vegetation must be approved, before installation, as healthy, well-developed, and disease-free. Carpers Valley — Frederick County, VA All property owners shall maintain lawns and plants to be orderly, neat, attractive, weed and disease-free, and healthy. Watering, mowing, fertilizing, and pruning will be necessary to produce this type of appearance. Design & Development Standards 16 Modifications Per Section 165-72.0. of the Frederick County Zoning Ordinance, an applicant for R4 zoning may request modifications to provisions of the Code of Frederick County governing physical development. Such modifications may be sought to enable implementation of a design and/or land use concept beneficial to the community that would not otherwise be permitted by existing ordinances. The following modifications are requested with this rezoning application: 1. Modification of Section 165-68 of the Frederick County Zoning Ordinance governing the procedure for R4 rezoning petitions. Current Standard: A master development plan (MDP), meeting all requirements of Article XVIII of the Zoning Ordinance, shall be submitted with an application for R4 zoning. The master development plan review procedures described by Article XVII must also be completed concurrently with or following the consideration of the rezoning. Proposed Standard: A generalized development plan (GDP) identifying major land bays and the proffered transportation network shall be submitted with the rezoning application in lieu of a master development plan (MDP). A complete MDP application will be submitted to Frederick County for review following rezoning approval, pursuant to the criteria of Article XVIII of the Zoning Ordinance. Carpers Valley — Frederick County, VA Justification: The R4 District requirements stipulate that a complete Master Development Plan (MDP) shall be submitted with an application for R4 zoning. The MDP is a plan document that is used to evaluate conformance with ordinance and other technical requirements applicable to land development, and has historically served as a bridge between the conceptual nature of a rezoning application and the more precise documents required for subdivision and site plan approvals. As such, it serves a valuable role in applying engineering detail to the generalized land use and infrastructure framework established through the proffer statement of an approved rezoning. This two part process ensures that the rezoning evaluation is focused on policy conformance and impact mitigation, and not overwhelmed by the technical minutiae associated with the MDP. The proffering of a detailed MDP "locks" an applicant into a development plan that cannot be changed without filing a subsequent rezoning petition for amendment of the approved proffers, regardless of the purpose or scope of the necessary change. Alterations to the routes of internal streets, stormwater management facilities, and layout of uses within land bays would require approval of the Board of Supervisors through the rezoning process, whereas a project subject to a typical — "non -proffered" — MDP may often complete such modifications through an administrative process. Such changes are almost certain to be necessary for a given project to respond to evolving regulatory and market conditions over the course of the development cycle. The plan proposed with this application represents a dynamic concept that will require flexibility in all phases of the development process to successfully implement. The Applicants are committed to developing a project that is both innovative and viable, and thus recognize that the design process cannot end at the time of rezoning, but must continue as an ongoing exercise open to emergent information and ideas. A Design & Development Standards 17 proffered generalized development plan (GDP) will provide appropriate assurances to the community regarding the fundamental physical components of the proposed development while ensuring sufficient flexibility for the Applicants to achieve superior project design. The requested modification would allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning in lieu of the complete MDP. The GDP will identify the relationship of the project site and the proposed development to the surrounding transportation network and adjoining land uses. Moreover, the GDP will provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or employment/commercial land uses, as well as the proffered transportation network. The GDP will further delineate the approximate size of each land bay as well as the planned housing types for residential land bays. The Applicants will submit an MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development will be provided. 2. Modification to Section 165-71 of the Frederick County Zoning Ordinance governing the mixture of housing types required within a planned community. Current Standard: No more than 40% of residentially designated areas of a planned community may develop with any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments or any combination of those housing types. Carpers Valley — Frederick County, VA Proposed Standard: The residentially designated areas of a mixed use employment center may develop with any combination of housing types permitted by the Frederick County Zoning Ordinance and the approved proffer statement without limitation to the percentage or ratio of any given housing type. Justification: The proposed rezoning is sought to enable development of a mixed use employment center, which is a type of planned community development that is not expressly accommodated by the Zoning Ordinance. The R4 district, however, is the only Frederick County zoning category that is suitable for the development of a mix of land uses pursuant to a single zoning category, where innovative design concepts and standards may be created and applied. However, the R4 district is oriented toward a predominantly residential development program (as implied by its formal title - Residential Planned Community) and its requirements for a mixture of housing types as stated above befits a project intended to develop with residential uses over a majority of its land area. In contrast, the land use program for a mixed use employment center emphasizes reservation of greater amounts of land for commercial and business uses, which results in less area available to locate the residential density necessary to achieve a balanced mix of land uses within the project. The ordinance requirement promotes a residential mix dominated by single family detached housing types. Such housing types are less conducive to the limited residential areas of a mixed use employment center given the greater land area required for individual lots. Design & Development Standards 18 The development of single family attached and multi -family dwellings as the predominant housing types in Carpers Valley is necessary to complement and catalyze the business and commercial uses on the site. Moreover, the availability of such housing in a planned community setting within walking distance of employment, shopping, and commercial uses will provide a positive although presently non- existent choice for current and future County residents. 3. Modification of Section 165-72.D. of the Frederick County Zoning Ordinance governing the maximum areas permitted for commercial or industrial uses. Current Standard: No more than 50% of the gross area of the planned community shall be used for commercial and industrial purposes. Proposed Standard: No more than 60% of the gross area of the planned community shall be used for business and commercial purposes. Justification: The proposed rezoning is sought to enable development of a mixed use employment center, which is a type of planned community not currently accommodated by the Frederick County Zoning Ordinance. The R4 district is the only zoning category that is available to develop a mix of land uses pursuant to a single zoning category wherein innovative design standards may be applied. However, the R4 district is intended to facilitate development of a principally residential project complemented by relatively small areas of commercial and/or industrial uses. In contrast, the land uses intended to predominate within a mixed use employment center are business and commercial uses, with residentially designated areas comprising a lesser amount of the total land area. Carpers Valley — Frederick County, VA The mixed use employment center concept advanced through this rezoning application requires the amount of land designated for commercial and business uses to exceed the 50% limit of the R4 district. The essential components of the proposed mixed use development program are the employment and commercial uses planned for the site, which may require significant acreage depending upon the ultimate users. However, to ensure a mix of mutually supportive land uses, a minimum amount of land needs to be reserved for residential uses. The modified standard proposed with this application will facilitate development of a mix of land uses in a planned community setting consistent with the intent of the R4 district, but with the notable distinction of elevating business and commercial land uses to the forefront of the planned development program. Design & Development Standards 19 s s • COUNTY of FREDERICK Department of Planning and Development L.MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator 540/665-5651 FAX: 540/665-6395 RE: Public Hearing: Changes to Section 165-64 of the Frederick County Zoning Ordinance, Recreation facilities DATE: June 30, 2005 The Development Review and Regulations Subcommittee (DRRS) at its March 24, 2005, meeting reviewed and discussed a request from Greenway Engineering to amend Section 165-64 of the Frederick County Zoning Ordinance. The proposed change to this section would allow waiving by the Board of Supervisors of the community center requirement for single-family small lot subdivisions that contain less than fifty (50) lots. The DRRS was in favor of this proposed ordinance change. The Planning Commission discussed this proposed amendment at their meeting of May 4, 2005. No issues of concern were raised and members believed the change was appropriate. The Planning Commission unanimously recommended the approval of the amendment as presented. The Board of Supervisors received this memorandum in their May 13, 2005 Friday mailing for their consideration, and no concerns or issues have been raised. The current and proposed ordinance section(s) are included for your review. (See attachment) Following the public hearing, a recommendation to the Board of Supervisors would be appropriate. MRC/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22661-5000 ■ Proposed Community Center Text Amendment § 165-64. Recreational facilities A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational units of equivalent recreational facilities for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age- appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. -�—� 1) The Board of Supervisors may provide a waiver for the community kir center requirement specified in § 165-64A in single-family small lot subdivisions that contain less than 50 lots. This waiver may be requested by the applicant during the consideration of the Subdivision Design Plan if no Master Development Plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors. § 165-64 FREDERICK COUNTY CODE § 165-64. Recreation facilities. § 165-64 A. Housing types with lot sizes of less than 5,000 square feet shall provide the fallowing recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age-appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. [Amended 10-27-19991 B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development. An example recreational unit shall be as follows: (1) Tot -lot: Quantity Equipment 1 Slide 18-1eet'higfi,-16 feet long) 1 set Swings (10 feet high, 4 seats) 1 Climber (13 feet, geodesic) 2 Spring animals 1 Sandbox 1 Whirl (10 feet in diameter) (2) Or any equivalent recreational facilities including: (a) Swimming pools. (b) Tennis courts. (c) Half basketball courts. (d) Athletic fields. (e) Picnic shelters. 16584 12-15-99 § 165-64 ZONING § 165-65 (f) Community center. [Added 10-27-19994] (g) Other recreational facilities. § 165-65. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. A. Single-family detached rural traditional. A "single-family detached rural traditional residence" shall be a single-family residence on an individual lot with private yards on all four sides, without public sewer and water. (1) Minimum lot size shall be 100,000 square feet (2) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 60 feet. (b) Side yards: 15 feet. - - (c) Rear yard: 50 feet without public sewer and water. - (3) Minimum lot width to maximum depth ratio shall be 1 to 3. (4) Minimum off-street parking shall be two spaces per unit. (5) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. B. Single-family detached traditional. - A "single-family detached traditional residence" shall be a large -lot single-family residence with private yards on all four sides without required common open space: (1) Minimum lot area shall be 1-5,000 square feet. (2) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 35 feet. (b) Side yards: 10 feet. 4 Editors Note: This ordinance also provided for the relettering of former Subsection B(2)(f) and Subsection B(2)(g). 16585 12-15-99 • i COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator 540/665-5651 FAX: 540/665-6395 RE: Public Hearing: Changes to Chapter 144, Section 24C Subdivision of Land, Waiver of the Public Road Requirements DATE: June 30, 2005 The Development Review and Regulations Subcommittee (DRRS) at its March 24, 2005, meeting discussed a request from Greenway Engineering to amend Chapter 144, Section 24 C, Subdivision of Land. The proposed change to this section would allow the waiving by the Board of Supervisors of the public street requirements in proffered age -restricted communities. Essentially, this change would enable age -restricted communities to waive the public road requirement. The DRRS felt this proposed text change should have a requirement that private streets should be built to Virginia Department of Transportation (VDOT) standards. This proposed ordinance amendment was presented as a discussion item to the Planning Commission at its May 4, 2005 meeting. The Planning Commission felt that only age -restricted communities that have been proffered be considered for this waiver. The Planning Commission believed adding this wording to the proposed ordinance would alleviate any problems associated with granting this waiver, should the applicant or new applicant amend the Master Development Plan (MDP). This new language should avoid any confusion with this waiver. The Board of Supervisors received this memorandum in their May 13, 2005 Friday mailing for their consideration; no concerns or issues have been raised or voiced to staff as a result of the mailing. The current and proposed ordinance section(s) are included for your review. (See attachment) Following the public hearing, a recommendation to the Board of Supervisors would be appropriate. MRC/bad Attachment 107 Ncrtll. Kent Streei, Suite 202 - Wind ester, Virginia 22601-5000 Proposed Age -Restricted Community Private Street Text Amendment § 144-24C. Lot Access All lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation. (2)(a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: Duplexes Multiplexes Atrium houses Townhouses Weak -link townhouses Garden apartments Single-family small lot housing (2)(b) When such lots do not abut public streets, they shall abut private roads, parking lots or access easements. The length and extent of private roads, driveways and parking aisles providing access easements. The length and extent of private roads, driveways and parking aisles providing access to lots shall be minimized, and public streets shall be provided in larger subdivisions when substantial distances are involved. Individual lots shall be no more than 500 feet from a state -maintained road, as measured from the public street along the access route. The Planning Commission may allow lots to be located as much as 800 feet from a state -maintained road in cases where enhanced circulation is provided with a driveway loop. (2)(c) The Board of Supervisors may provide a waiver to the public street requirement specified in Section 144-24C to allow for a complete system of private streets within proffered age -restricted communities. This waiver may be requested by the applicant during the consideration of a Rezoning Application or during consideration of the Master Development Plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provides for the cross section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. 9 I § 144-24 SUBDIVISION OF LAND § 144-24 dimensional requirements. Insofar as practical, side lot lines shall be at right angles to straight front lot lines or radial to curved front lot lines. C. Lot access. All lots shall abut and have direct access to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation. (1) Multiple -frontage lots. Corner lots with public street frontage on two adjacent sides shall be allowed. Double -frontage lots with public street frontage on two streets that do not intersect at the lot shall be avoided, except where required to prevent direct access to collector or arterial streets. Lots with public street frontage on more than two sides shall be avoided. (2) Multifamily and single-family small lot housing. [Amended 10-27-19991 (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets: [11 Duplexes... [21 Multiplexes. [3] Atrium houses.-. [4] Townhouses: [51 Weak -link townhouses. [61 Garden apartments. 171 Single-family small lot housing. (b) When such lots do not abut public streets, they shall abut private roads, parking lots or access easements. The length and extent of private roads, driveways and parking aisles providing access to lots shall be minimized, and public streets shall be provided in larger subdivisions when substantial distances are involved. Individual lots shall be more than 500 feet from a state -maintained road, as measured from the public street along the access route. The Planning Commission may allow lots to be located as much as 800 feet from a state -maintained road in cases where enhanced circulation is provided with a driveway loop. 14431 12-15-99 J a MASTER DEVELOPMENT PLAN #08-05 CARROLL INDUSTRIAL PARK Staff Report for the Planning Commission Public Meeting Prepared: July 5, 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: 07/20/05 Pending Board of Supervisors: 08/10/05 Pending LOCATION: The properties are located on Ebert Road (Rt. 837). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-83, 43-A-84, 43 -A -84A and 43-A-85 PROPERTY ZONING & PRESENT USE: Zoned: M2 (General Industrial) District Use: Industrial/Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: MH1 (Mobile Home Community) Use: Payne's Mobile Home Park N/A Interstate I-81 South: M2 (Industrial General) Use: Industrial Uses RA (Rural Areas) Residential/Commercial East: M2 (Industrial General) Use: Industrial Uses RA (Rural Areas) Residential/Commercial West: Ml (Light Industrial) Use: Rutherford's Industrial Park N/A Interstate I-81 MDP 908-05, Carroll Industrial Park July 5, 2005 Page 2 PROPOSED USE: Industrial Uses REVIEW EVALUATIONS: Virginia Department of Transportation: Rt. 837 is the VDOT road that will provide access to this site. The road currently has an average ADT of approximately 2,130 vehicles. At the time of proposed build out, with background traffic and the proposed industrial lot traffic, the trip generation will be approximately 7,948, almost 8,000 trips per day. VDOT uses 8,000 trips per day as a benchmark. When traffic volume exceeds this number, the developer should be looking at constructing a multi -lane road. There are currently industries on Ebert Road that utilize tractor trailers. While the current intersection with Ebert Road and Rt. 11 is manageable, a large amount of additional traffic will require improvements at the intersection of Rt. 837 and Rt. 11. Currently tractor trailers that are turning to the south from Ebert Road actually encroach over 80% of the current center lane. Due to low volumes, this hasn't been a problem. However, your rendering of the proposed intersection improvements appear to address these issues. I believe a phasing of growth may be required in the industrial park to prevent it from overloading this intersection until such time as another access point between the industrial park and the VDOT roadway can be established. Participation in a signal agreement at the Rt. 11 and Rt. 672 intersection at Clearbrook may also be required. Almost half of projected traffic generated at the proposed site will be traveling north on Rt. 11 with much of this traffic utilizing Clearbrook as their access point to Interstate 81 North. Sight distance for 45 mph is 500 feet. Frederick CountFire Marshal: Fire Lane markings and signage required at fire hydrant locations. Future build out will require additional municipal water supplies for firefighting to meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Frederick County Public Works: We have completed our review of the proposed Master Development Plan for the Carroll Industrial Park and offer the following comments: The existing quarry is proposed for use as a stormwater management facility. We recommend that environmental measures be taken during the site plan design phase to protect the existing exposed groundwater source from contaminated runoff. For example, routing runoff through natural vegetated buffers or oil separators designed within the stormwater conveyance systems may prove very effective in protecting the exposed groundwater source. The discussion of wetlands refers to a report prepared by ECS, LTD titled, Preliminary Wetland and Sinkhole Assessment. We applaud your foresight in performing this study as part of the master development plan submitted. Please provide this office with a copy of this report for future reference during our review of subsequent site plan submittals. A resubmittal of the revised master development plan will not be required by this office. We, therefore, grant our approval based on the March 2005 submittal. MDP #08-05, Carroll Industrial Park July 5, 2005 Page 3 Frederick Count-� Sanitation Authority: 1st review — approved as noted four items. RR XNG — Developers expense. Frederick County Inspections Department: No comment required. Geo ra hic Information Systems GIS : Milton Ray Drive has been approved and entered into the Frederick County Road Naming System. The GIS Dept. does not have any objection or negative comment on the revision to Ebert Road, revisions will be made to the mapping upon plan approval. Winchester Regional Airport: We have reviewed the proposed Master Development Plan and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed development lies within the airport's airspace, it does fall outside the airport's Part 77 surface. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The subject site is located in the Stephenson area, on Ebert Road (Route 837) and is within the Stonewall Magisterial District. C) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson, VA Quadrangle) depicts the zoning for a majority of the subject parcel as M2 (Industrial General) District with a small portion being RA (Rural Areas). Based on research, it is believed that the entire parcel is zoned M2 (Industrial General) and that the details of the original zoning maps were unclear. This property has not been subdivided and when properties were rezoned in the 1960's the property in its entirety was generally included within the new land use designation. It is therefore our belief that this entire site was meant to be M2. MDP 408-05, Carroll Industrial Park July 5, 2005 Page 4 D) Intended Use Uses allowed in the M2 (Industrial General) Zoning District. E) Site Suitability & Project Scope Land Use Compatibility: The site of the proposed development is located along the Martinsburg Pike corridor adjacent to existing commercial and industrial land uses in an area of Frederick County which is predominately industrial in nature. 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] The parcels are within the county's Sewer and Water Service Area (SWSA) and are a component of the Northeast Land Use Plan which was adopted by the Board of Supervisors on August 13, 2003. The applicant has prepared a Master Development Plan for the development of 107.8 acres for industrial land uses. Environment: Hiatt Run flows through the southern portion of the property and contains wetlands and floodplain. These environmental areas are located within the area designated for the Route 37 extension and will not be disturbed with development on this site. There are also areas of woodlands and steep slopes located on the property. Transportation: The Northeast Land Use Plan identifies a new major collector road that connects with Ebert Road and runs north to south through the property. This planned roadway would connect to the Rutherford's Farm Industrial Park on one side and the road on the northern portion of the site will travel east and eventually intersect with Martinsburg Pike. The location of the future collector road into the Rutherford's Farm Industrial Park is shown in two locations on the MDP. The applicant has show the location of the road as depicted on the MDP for Rutherford's Farm Industrial Park as well as the location from the Northeast Land Use Plan. The applicant has provided a note on the MDP that it is the owner/developer's responsibility to construct the collector road on their property. The final southern terminus of the road will be determined once construction in the Rutherford's Farm Industrial Park begins. _While all of the planned roads on the property have been shown on the Master Development Plan, the applicant is MDP #08-05, Carroll Industrial Park July 5, 2005 Page 5 proposing to turn Ebert Road into the new major collector instead of the major collector road location which aligns with Old Charlestown Road. The Board would ultimately need to determine if Ebert Road is a more appropriate location for the maior collector road. The applicant will also be constructing a signal at the intersection of Ebert Road and Martinsburg Pike. The Route 37 extension also covers part of the southern portion of the property. The applicant has preserved this area with a "limits of use" designation and has provided a statement on the MDP that any uses on the property that must be removed due to the construction of Route 37 will not be compensated or relocated by VDOT. Buffers and Screening: This site requires buffering along the MH -1, RA and M1 Zoned adjoining properties. The screening being used for the MH -1 and RA properties located along the northern portion of the site is a 100' Category C buffer with a 50' woodlands preservation strip. The screening being used along the RA property located along the southeastern portion of the site is a 100' full screen (6' berm and plantings in a 40' permanent landscape easement). The screening being used along the M1 property located along the southern portion of the property is a 50' full screen (6' berm and plantings in a 40' permanent easement) with a 200' no screen around the Hiatt Run area to prevent disturbance. STAFF CONCLUSIONS FOR THE 07/20/05 PLANNING COMMISSION MEETING: The preliminary master development plan for the Carroll Industrial Park depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All of the concerns that have been raised by staff have been adequately addressed by the applicant. Action from the Planning Commission is needed on two items in addition to a recommendation regarding the Master Development Plan. • As stated in the site history portion of the staff report, it is believed that the original zoning maps are incorrect and that the entire property is zoned M2 (Industrial. General). An understanding that the entire property was meant to be zoned M2 is being sought from the Planning Commission and the Board of Supervisors. • The applicant is also seeking authorization to make Ebert Road the new major collector road as opposed to the planned road which would connect with Old Charlestown Road. 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 forward a recommendation to the Board of Supervisors regarding this MDP. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. r iPAYNE f 'f 40. * + Ery BUCK EY AG S\,. ` f � � r s F j } L L` ,'�4 o� A 83 � � ' ! + , 3 " L y t f G .t t BUCKLEY LAGES 43 A 85 1 .pCsEs 837 !" N64 r' • ., J/REN ENT A3'A 44 ER Bq A ES o Fb A t F 4y MDP#08-05 35 Map Features /N/ Bridges 663 LakAppes/on *VD °s °. �Rareela N Carroll Industrial Park Lakes/Ponds ^/ Dams Agr(cuitural 8 Forestal Districts v� Steams wt Retaining Walis Douniecnuree (43 - A - 83, 84, 84A, 85 ) Buildings Road Centerlines. Refuge Church WE wHIt�� anks 837 Tw , O South rrededek Trails s 0 100 200 400 Feet 44 r iW3Q 0 � M V Olp 1 Q S N 2 ELGIN 43 A 80' 663. .� 1,410 P ilY r iPAYNE f 'f 40. * + Ery BUCK EY AG S\,. ` f � � r s F j } L L` ,'�4 o� A 83 � � ' ! + , 3 " L y t f G .t t BUCKLEY LAGES 43 A 85 1 .pCsEs 837 !" N64 r' • ., J/REN ENT A3'A 44 ER Bq A ES o Fb A t F 4y MDP#08-05 35 Map Features /N/ Bridges 663 LakAppes/on *VD °s °. �Rareela N Carroll Industrial Park Lakes/Ponds ^/ Dams Agr(cuitural 8 Forestal Districts v� Steams wt Retaining Walis Douniecnuree (43 - A - 83, 84, 84A, 85 ) Buildings Road Centerlines. Refuge Church WE wHIt�� anks 837 Tw , O South rrededek Trails s 0 100 200 400 Feet 44 7 <r J Frederick County, Virginia Master Development Plan Application Package 1. Project Title: 2. Owner's Name: 3. Applicant: Address: Phone Number 4. Design Company: Address: Phone Number: Contact Name - APPLICATION MASTER DEVELOPMENT PLAN LCA f rI) I l EM( I ;S4r'tCk--1 QCT► I-� (Please list the names of all owners or parties in intrest) W WN C h�"+Q--Ar VA 22 Ln o 1 (5L4D) totoz-'(5-79 a Page 11 Frederick County, Virginia Master Development Plan Appdfiralion Package APPi.v , 'IVN conL'd MASTER DEVELOPMENT PLAN 5. Location of Property: Rpikle Roa-ck— 6. Total Acreage: 10 3. 36 a r Q S 7. Property Information: a) Property Identification Number (PIN): �l 33� N3 - A - 8 `I 93-A-201 q3- A - ?s b) Current Zoning: �Im I c) Present Use: eoryumv d) Proposed Uses:0-DI-0.5-I L M % InduS-+r iC—L e) Adjoining Property Information: Property Identification Numbers Property Uses North South 0AQlkSO. 's k.0 East O�an5 5hal �/3 West fl Magisterial District: 310no 1,001AA (lei .6-13ix 61 N4U 8. Is this an original or amended Master Development Plan? Original )� 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: - Page 12 MAR Special Limited Power of Attorney County of Frederick, Virgini k Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22607 Phone SRO -665-5651 Facsimile 540-665=6395 Know All Men By These Presents: That I (We) (Name) OuC Q_W - l_CLq S . OC (Phone),5go .- (e In9 (,C, (Address) v2 �Jf,Y <i Ir < InChQ i� Ar VA ZZ lcaC'S 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 CountyGof Frederick, Virginia, by 733 W J" 173 sa^ Instrument No_ 31c.- i on Page _ q a, and is described as 14 04 M Parcel: 324 Lot: - Block: A Section: a_ Subdivision: do hereby make, constitute and appoint: (Name) Pcon c- L f l <� t 5 P.�, L (Phone) (Address) � I Lo S - � itWQ F 4 �A TU A , N i tic%1� �� , VA 22 (o o l To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority T (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits JX 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 there,— (we) have hereto set my (aux) hand and seal this dn�l day of /"I �� , 2005 , Signature(s) 0 State of Virginia, City/CimyAy of j,�, ,.� ►L� i �i , To -wit: I, M 0 A" c — A . 6,A b , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2—J day of Mc �� , 200 57. My Commission Expires:e)7-31-06 Notary Public lr cj ((� f / >// _ $ \�9 l` q\� \•\ /'ao rr / /. `\ /' •4y V tfr'1\ (- ,�:.50 X ke, 4 it 0) PROPOSED ROU JV 72 CO LLECtO.fk-Dl.$TRj-BUTO ROADS cs-AV EN S T DEH URS F, R. 7 V, yn J Ll • L MASTER DEVELOPMENT PLAN #07-05 STEPHENSON VILLAGE Staff Report for the Planning Commission Public Meeting Prepared: July 7, 2005 Staff Contact: Bernard S. Suchicital — Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 07/20/05 Pending Board of Supervisors: 08/10/05 Pending LOCATION: The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44 -A -292,44-A-29'), and 44 -A -31A PROPERTY ZONING & PRESENT USE: Zoned: R4 ( Residential Planned Community) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Zoning: R4 (Residential Planned Community) Use: Residential South: Zoning: R4 (Residential Planned Community) Use: Residential East: Zoning: R4 (Residential Planned Community) Use: Residential West: Zoning: R4 (Residential Planned Community) Use: Residential PROPOSED USE: Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling MDP #07-05, Stephenson Village July 7, 2005 Page 2 units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses. The applicant has proposed to serve the development with a multi- modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The Master Development Plan will be conducted in a phased approach. Phase I will only address a portion of the residential uses planned for Land Bay III. All future phases will be included in future revisions to the Stephenson Village MDP. REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Routes 11 and 761, the VDOT facility which would provide access to the property. The submitted master development plan appears acceptable to VDOT. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plans approved with submitted changes. Plan approval recommended. Frederick County Public Works: Upon review of the subject plan we offer the following comments: 1) Provide outlet protection design and dimensions on the plan for all proposed and existing culverts in accordance with VESCH Standard 3.18. Also, you have proposed the replacement and enlargement of several existing culverts; will this create a need for platted drainage easements? If you proceed with the proposed culvert size changes, the existing drainage pattern as well as the flow rate will be altered which, in turn, may impact the downstream property owned by Judith and Marshall McCann Slaughter. It will be necessary to ensure that an adequate drainage channel exists and that Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations is met. It will be necessary to acquire easements to install the proposed outlet protection and Rip Rap if applicable. 2) Stabilization matting shall be installed on any slopes greater than 3:1 to ensure the establishment of proper vegetative cover. Frederick County Sanitation Authority: 1 st review — no comment Frederick County Inspections Department: Please locate elevation of the FEMA 200 year flood plain on subdivision lot plans and site plans when submitted. Note that a demolition permit shall be required to remove any structures and is subject to VUSBC section 112.1.4 Asbestos inspection prior to permit issuance. No additional comments required at this time. MDP 407-05, Stephenson Village July 7, 2005 Page 3 Geographic Information Systems (GIS): The Stephenson Village, Land Bay III Community Road Name Sheet has been revised to meet the requirements and changes set forth in Frederick County GIS Comment Sheet dated March 3, 2005. Road names, suffixes and placement are now approved and accepted into the system. Frederick County — Winchester Health Department: No Comment as public water and sewer to be provided. Winchester Regional Airport: The Master Plan has been reviewed and it appears that the proposed site plan will not have any impact on operations at the Winchester Regional Airport as the proposed development lies within the airport's airspace it does fall outside of the airport's Part 77 surface. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Frederick County Department of Parks and Recreation: The plan appears to meet open space requirements. Staff recommends the County reserve the right to develop the 24 -acre park site as deemed appropriate by the Parks and Recreation Commission and the Board of Supervisors. The Hiatt Run Trail appears to be six feet in width. Staff recommends the trail be a minimum of ten feet and meet department bicycle trail standards. The proffer statement indicates if development on the proposed park land does not take place within ten years after it is turned over to the County, the land will revert back to the developer. Staff does not believe the developer should control when or how the dedicated park land is developed. The plan indicates that 82.2 recreational units are required for this development and 117.9 have been provided. Of the 117.9 units offered, only 47.3 units are available to the general public. Staff believes only recreational units available to the general public should be counted towards meeting recreational unit requirements. Staff believes the County should reserve the right to review and approve proposed recreational units. The County should require the proposed 24 acres of park land to be given in its present state or with improvements approved by the County. Staff recommends an upgrade of the Pedestrian Trail System to a minimum of a ten foot wide hard surface trail meeting department standards. This would allow bicycles and strollers to use the trail system as well as pedestrians. Road markings for the four foot wide bicycle lands along the major collector road, as showen in typical road section, should be included. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 460 single family homes, 110 town houses and 360 multi -family homes will yield 104 high school students, 91 middle school students, and 267 elementary school students for a total of 462 new students upon buildout. 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 and other projects in the area will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. MDP 907-05, Stephenson Village July 7, 2005 Page 4 Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The Master Development Plan is required to be submitted with the R-4 rezoning application. In the Stephenson Village rezoning process, because of the scale of the project, the applicant requested and was granted the ability to submit the MDP at a point in the future. The MDP will be phased in; the first phase will include approximately 930 residential units on 285 acres. As future phases are introduced through the MDP review process, the MDP will be revised to reflect the cumulative project plan. B) Location The subject site is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The parcels comprising the site are located wholly within the Stonewall Magisterial District and are used primarily for agricultural purposes. Numerous parcels adjoin the 794 acre site, all of which are zoned RA (Rural Areas) and are either undeveloped or established with residential or agricultural land uses. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On September 24, 2003, the Board of Supervisors approved Rezoning #06-03 which rezoned the 794 acres to R-4 (Residential Planned Community) with proffers. D) Intended Use Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres MDP #07-05, Stephenson Village July 7, 2005 Page 5 dedicated for public school and recreation uses, on 795 acres. The applicant has proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The project will be master planned in cumulative phases. This first phase will include 930 residential units (460 single family, 110 townhouses, and 360 multi -families) on 285.5 acres, which includes a portion of Land Bay III as proffered. The applicant has not included non-residential uses in Phase I of the master development plan. E) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1]. Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Comprehensive Policy Plan, p. 6-1, 6-2) The subject properties are located within the boundaries of the Northeast Land Use Plan area. This Plan identifies the future land use as a Planned Urban Development; the present zoning is consistent with this PUD designation. The Northeast Land Use Plan also identifies the approximate path of the future Route 37 corridor. • The submitted Master Development Plan fails to provide for, nor address, the corridor planned for the proposed Route 37 extension. Historic Resources: The preservation of environmentally sensitive areas and significant historic resources is encouraged by the NELUP. The subject properties are adjacent to core area battlefield land associated with Stephenson's Depot (Second Battle of Winchester) and the Third Battle of Winchester (Opequon), and further includes the Byers House (#34-1124), all of which are identified by the Developmentally Sensitive Area (DSA) designation in the Comprehensive Policy Plan. Resources identified as DSA constitute community and MDP 407-05, Stephenson Village July 7, 2005 Page 6 historical preservation areas that are to be protected from incompatible land uses through the use of adequate buffers and screening. • The applicant has stated their intent of removing the Byer's House from the property, and have offered to allow others to remove it should an interested party be identified. Environment: The subject site contains a variety of environmental features to include a perennial stream, flood plain, wetlands, steep slopes, and woodlands. The applicant proposes to incorporate the conservation of these sensitive environmental features into the overall development plan through a variety of proffered methods. The applicant has endeavored to accomplish resource conservation through the identification of two resource protection areas, which are identified as the Hiatt Run Corridor and the Wetland Intermittent Ravine Channel. The majority of the site's sensitive environmental features are captured within these two areas, the protection of which will occur through a combination of approaches, to include riparian buffers, easements, supplemental plantings, and development of resource management plans in collaboration with relevant state and non-profit environmental organizations. The proffered Generalized Development Plan delineated the location of the proposed resource protection areas. Transportation: Access to the subject site will be via a 4 -lane raised median major collector road which links Old Charlestown Road with Route 11 (in the vicinity of Ruthersford Farm Industrial Park). This major collector road will be built in sections, initially a 2 -lane section. Trip counting equipment will be installed within the major collector road pavement, and when predetermined vehicle trips are reached, additional road improvements will be implemented, ultimately achieving the 4 -lane roadway (as proffered). Recreation: A recreation center is proffered to include a 1,200 S.F. building with a bathhouse and a 6 - lane, 25 -meter competition swimming pool, and one (1) tot lot. A private recreation center will be built to the exclusive use of residents of the Active Adult Community. This will consist of a 10,000 S.F. building with an indoor pool, and a separate tennis court will also be made available to this community. An 8,000 linear foot pedestrian trail system will also be included that will connect each recreation area to the surrounding neighborhood. A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation Department. As proffered, the trail shall be provided within the Hiatt Run Corridor and run the length of the said corridor on the subject property for 3,800 +/- linear feet. MDP 407-05, Stephenson Village July 7, 2005 Page 7 F) Proffered Conditions When the rezoning application was approved by the County in 2003, the county also accepted the applicants' complex proffer statement, which included modification requests, proffered conditions, and a design manual. This proffer statement enabled the applicant to deviate from various county requirements, introducing increased flexibility to various design standards which is unique to the R-4 zoning district. New housing types were introduced, such as courtyard clusters and carriage houses. And a greater mix of housing was approved, which enables a mix of single family, townhouses and multi -family residences within and in close proximity to one another. The applicant also proffered a monetary contribution of $5,327 per residential unit (not applicable to active adult and elderly units) to address projected impacts on various county facilities: schools, parks, and fire and rescue to name a few. Phased development was an important aspect of the rezoning application. The applicant proffered that no more than 8% of the total allowed density would be built annually. Additionally, the applicant proffered that no more than 60 new students would be introduced to the school system, annually. An additional payment of $3,925 would be provided to the County for each student above and beyond the 60 per year as planned. The applicant has proffered to various transportation improvements, including the major collector road, as well as traffic signals and other off-site road improvements, to facilitate vehicular movement from the site to Route 11 and beyond. The applicant proffered to provide the County with a school and park site, located in the vicinity of Old Charlestown Road, on the north side of the project. These sites are identified on the master development plan as Land Bay I and II, respectively. G) Issues Staff has identified numerous issues that still require attention, modification, and clarification. These outstanding issues are as follows: 1. Transportation a. Planned Route 37 location. The Comprehensive Policy Plan (Northeast Land Use Plan and the Eastern Road Plan) and the Winchester Area Transportation Study (WATS) each plan and identify the location of the future Route 37 corridor, which traverses the subject project. Provisions for this planned roadway should be included on the MDP, and addressed by the applicant. b. Major Collector Road ("Crossed Cannon Boulevard") i. Clarify the road design, from Old Charlestown Road through the project to Route 11. It is expected that this major collector road will have an 80 -ft right-of-way, raised landscaped median, curb and gutter, and a bike path MDP #07-05, Stephenson Village July 7, 2005 Page 8 along the entire road length. The preliminary MDP does not provide for these features along the entire road length. ii. Continuation of bike path and/or sidewalks along Old Charlestown Road to more appropriately link the Stephenson Village project with the existing residence of Stephenson. iii. Enhance pedestrian access from the existing Milburn Road and future Cross Cannon Boulevard. iv. Phasing and clarification of the completion of sections of the major collector road, including its bonding, right-of-way dedication, and construction benchmarks. 2. Identification of the proffered school and parks sites throughout the MDP, subdivision, and platting process. a. Provisions for vehicular and pedestrian access to the public facilities. Specifically, the location of vehicular and pedestrian access points from the Stephenson Village community should be provided on the MDP. Possibly extend Malvern and Sabot Roads to the school and park sites to provide for vehicular access. b. Provisions for water and sewer connections from the Stephenson Village residential element to these future county facilities. STAFF CONCLUSIONS FOR THE 07/20/05 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Stephenson Village project appears to be in general conformance with the policies of the Comprehensive Policy Plan and the requirements of the Zoning Ordinance, except as briefly noted above. The project will be master planned in phases. This first preliminary master development plan addresses the development of 258 acres of land bay area III, which would result in 930 residential units. As noted above, the applicant should more appropriately provide clarification regarding the project's conformance pertaining to the identified issues. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: Stephenson Village -Master Development Plan 2. Owner's Name Stephenson Associates, LC Brookfield Stephenson Village, LLC (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Greenway Engineering Company: Address: Same Phone Number: Same - Contact Name: Evan Wyatt, AICP 5. Location of Property The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Sprin sg Road (Rt. 664) and east of Milburn Road (Rt. 662) 6. Total 285.5 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 44-A-292, 44-A-293, 44-A-31, 44 -A -31A R4 -Residential -Planned Community Residential- Undeveloped Residential -Planned Community Property Identification Property Uses Numbers See attached list f) Magisterial District: Stonewall 8. Is this an original or amended Master Development Plan? Original ® 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 materials will be completed prior to the submission of my master development plan application. 1 Signature: Date: 6 J 1-6 K_ TO ADJOINING PROPERTY ® LK 44—A-220 RUSSELL 0. ANDERSON k DOROTHY P. ANDERSON .... ..._•••,•,••••••.. RA RISIDI0TML -J & U41SUAWEN Sr. WINCHFS'fIIt, VA 22801 TY. 44-A-148 DAVID C. JENKM k 3CAHIE7' K JENKINS RA RESIDENTIAL 879 DICES HOLLOW RD. WINCHESTEDL VA 22603 T.Y. 44-A-149 ROBERT H. RUSSELL ET AIS RA RESIDENHAL 104 WINSLOW Cr. WINCHESTER. VA 22602 T.Y. 44-A-150 GLIM A. STULTZ k BETTY A. STOLTZ RA WOYPROVED 510 OLD CHARLES TORN RD. 3TFPHIZNSON, VA 22656 T.Y. 44-A-151 GIEM! A S1iJLTZ k BETTY A 3TULTZ RA RESIDENTIAL 518 OLD CHARMS TOWN RD. STEPHDMN. VA 22656 T.M. 44-A-169 RAY b SPTIZER k CH[iL4TINg E. 3P17'LER RA I IDENTW, 640 OLD CHARLES TOWN RD. SITFHI4NSON, VA 22656 T.Y. 44-A-164 ROBERT' E VUHIMWET k ROSE L VUHIERYET RA RESIDENTIAL 550 OLD CHARLES 'TOWN RD. STEPHENSON, VA 22666 T.Y. 44-A-155 JORN R. 3TROTHER k VENELDA C. SMOTHER RA RESIDENTIAL 560 OLD CHARLES TOWN RD. SLISPHANSON, VA 22666 T.M. 14-A-158 R. CHARLES HOTT k KAY K HOTT RA RFSIDENTiAL 572 DID QWUM TOWN RD. STEPHDfSON, VA 22658 T.M. 44-A-167 WILLIAM G. WUCRR `S - 682 OLD CHARLES TOWN IID. STEPHENSON, VA 22656 S.Y. 44-A-ibO ROIERr WILSON k VARY BETH WILSON RA UIHIPROVgp 458 DEVILS BACKBONE OVERLOOK STEPHENSON. VA, 22556 T.M. 44C -2-e WHJIAY R Z1RWE k HELEN C. ZIDK.a RA RESIDENTIAL 614 OLD GNARLS TOWN RD. STEPHENSON, VA 22666 TX 44C -2-B CHARM S. JOBE k MARY A_ JOBE RA HImm AL 634 Om CHARLES TOWN RD. STEPNzHwN, VA 22666 T.M. 44C -2-D TERRY L BLY k CONNIE S. BLY RA RESIDENTIAL 844 OLD CHARLES TOWN RD. STEPHU(SON, VA 22658 TAL 44-A-181 JEAN K GRAY C/O RAN MC 013OON RA RESID101IML PO BOX 161 STEPENSON, VA 22856 TIC 44-A-162 EUJEN E =ITS (SURVIVING GRANTEE) RA RESIDENTIAL 860 OLD CHARLES TOWN RID, STWHE?LSON. VA 22658 T.Y. 44-A-183NAIHTI K R117FIt RA D�VED 888 OLD CHARLES TOWN RD. STEPHENSON. VA 22656 TY 44-A-164 JUANITA M. RITTER RA UMIMPROV® 888 OLD CHARLES TOWN RD. STEPHENSON. VA 22650 TJL 44-A-185 JUAIHTA M. LITTER RA RESIDENTIAL 688 DID CHARLES TOWN RD. STEPHENSON, VA 22058 TJL 44-A-139 ANNA B. McKK9 k LESTER W. Me= RA REMDEN71AL 102 FAIRWAY DR i1NCHESTEIL VA 22602 T.Y. 44-A-106ROBCRT S RI1S9tQI, ST A13 RA T�3IDIOVTIAL 532 OLD CHARLES TOWN RD. STEPHEN=. VA 22666 TX 44-A-208 ACTRESS L GOLLER RA RESIDENTIAL 776 OLD CHARLES TORI RD. STFPIIL NEON. VA 22666 TX 44-A-ZD9 RODNEY L AFl7ECK RA RESIDENTIAL 788 OLD CHARLES TOWN RD. STEPHENSON, VA 22068 T.Y. 44-A-210 WILLIAM C. JONES, JR k BRENDA L JONES RA RESIDENTIAL 796 DID CHARLES TOWN RD. STEPHENSON. VA 22050 TY. 44-A-211 RICHARD R. KNUPP k BONNIE R LONUPP RA RESIDENTIAL PO BOX 97-TWHEN30N. VA 22856 TX 44-A-212 JACK L BAYS RA RESIDENTIAL 734 JORDAN SPRINGS RD. STEPHENSON, VA 22866 TAL 44-A-218 DINAH G. KRASTCH k JOHN K KRASICH RA RE IDENTIAL 776 JORDAN SPRINGS RD. STEPHENSON, VA 22868 TAL 44-A-213 ALLEN LEE LeP011L1TE RA IISIDEMIAL 744 JORDAN SPRINGS RD. MMIENSON, VA 22666 T.Y. 44-A-214 ROY C. CAMERON k IMRED F. CAMERON RA RESIDENTIAL 752 JORDAN SPRINGS RD. STEPHEINSON, VA 22650 T.Y. 44-A-215 ANTHONY D. JOHNSON RA RESIDENTI7E 118 STF.RRLIT IN. CLBARBRMY VA 22824 TAL 44-A-218 i BAKER B. TYSON k SHIRLEY P. TYSON RA RESIDENTIAL 768 JORDAN SPRINGS RD. STEPHENSON, VA 22866 T.Y. 44—A-219 C_ N. CHASM INrnRPnR1Trn RA AGHICULTURAL pD 1.10E 174 9E9RHIL00 VA 22824 ® LK 44—A-220 RUSSELL 0. ANDERSON k DOROTHY P. ANDERSON .... ..._•••,•,••••••.. RA RISIDI0TML -J & U41SUAWEN Sr. WINCHFS'fIIt, VA 22801 C/O LACY A. CAROISUE C/O RESIDE NTAL 11620 DANFORTH RD. CHESTERFIELD, VA 29696 ® TJL 44—A—= 0. TRAVERS k MA iYLYN V. TRAVERS RA BSIDENTIAL 004 JORDAN SPRINGS RD. STEPHENSON, VA 22666 ® TX 44—A-222ROGIiH L YcGdFFT(ILS 3 VARY S. YcGAFF1CK RA RSIDKNTIAL 816 JORDAN SPRINGS RD. SEEPH@NSON, VA 22666 Q TY. 44—A-223 Q T.M. 44—A-224 DONALD L MUSURN k KD®ERLY 1L 1HIBURN RA RESIDJUL 026 JORDAN SPRINGS RD. STPPNENISON. VA 22066 ® T.M. 44—A-225 MITCHELL B. SMITH k PATRICIA B. SLOTH RA RESIDENTIAL 088 JORDAN SPRINGS RD. STEPHENSON, VA 22666 Q TX 44—A-226 STEVEN A. LINK k DENNIS W. LINK RA R= ENiIAL 846 JORDAN SPRINGS RD. 3TEPEOWN. VA 22656 ® TX 44-A-220 CLYDE STONE k VIRGINIA STONE RA RESIDENTIAL 656 JORDAN SPRINGS RD. STIO'I�NSOx, VA 22660 ® TJL 44-A-231 DORIS B. HOOVER k GRARIDIE B. KITTEN DONALD i RA ItESTDSRfW, 021 REST CRUNCH RD. CLEARBHOOK, VA 22824 ® TJL 44 -A -22D L ES EP k HELEN L ES7XP DONALD RA RESIDIOTTAL PO BOX 88 STEPWMN, VA 22856 ® TA 44-A-2318 L RSTS k UMM L RSTRP RA DYHIDRDVED PO BOX 66 S18PHRRSON, VA 22666 ® TX 44-A-230 AUVER STEPHEN HARRY S. PAU7= JR. ,2 JMFEEPNER RA BESJDENITAL 906 JORDAN SPRINGS RD. STEPHENSON, VA 22666 ® TIL 44 -A -231A IL H� k HOLLR HARRY RA RESD9 ENHAL 916 JORDAN SPRINGS RD. 3TEP)iBH30N, VA 22666 S. FAUVIIL JR. k JEANUVER RA RESIDHITNAL 906 JORDAN SPRINGS RD. S18PHENSON, VA 22666 T.M. 44-A-232 STEPHEN K HEPNER k HOLLYR RA HISIDEINTIAL 910 JORDAN SPRINGS RD. STF.PIII0i90N, VA 22556 TY. 44-A-233 STEPHEN L HEPNER k HOLLY RA UMWROVFD 916 JORDAN SPRINGS RD. STEPHENSON, VA 22666 T.M. 44-A-234 IRVIN S. DAT t VIOLET V. DAY RA UM01PRDVED PO BOX 163 STEPHENSON, VA 22656 LK 44-A-236 WW & DAY $ VIOIXT V. DAY RA RESIDENTIAL PO BOX 153 STRPHUMN. VA 22666 T.Y. 44-A-236 GERALD W. MKHRTIT & BITTT J. Mmum RA RESIDENTIAL. 976 JORDAN SPRINGS 1D). STLPHEMN, VA 22666 T.M. 44-A-288 JAILS D. LINES, ET AIS C/O T�RSA K 'IMN RA RISIDI4ITAL 1960 PAItFAE P003 WHITE POSE, VA 22685 T.M. 44-A-287 JAMS D. EONS. ET ALS C/O THEIMSA IL GIBSON RA RESIDiINTIAL 1960 FdILiFAX Ply WHILE T, VA 22689 7.Y. 44-A-280 WAYNE E WALTffit9 RA RSIDENTI& 6800 OLD OCEAN VIEW RD. NORFOLT, VA 23505 T.M. 44-A-289 EI.41E A. LOFTS RA RESIDENTIAL PO BOX 2266 WINCH STM VA 22504 TJL 44-A-291 HICHALID L SAVILJE RA RESIDENTIAL 1064 JORDAN SPRINGS RD. STEPHENSON, VA 22666 T.Y. 45-9-3-2 WILLIAM D. HOF171AN t PATSY L HOFFMAN RA RESIDENTIAL PO Bu 22 3TSP!$RSON, VA 226(16 TAL 46-9-3-1 WILLIAM H. HALL. IM k RSCA HAIL RA RESIDENTIAL 1001 JORDAN SPRINGS HID. . VA 22666 7.11. 44-A-285 DOROTHY A. WOLF RA RESIDENTIAL 1009 JORDAN SPRINGS RD. VA 22666T.M. 44-A-237 CHRISTI NE K ROBERTS k EDDIE R. ROBERTS SR RA RIMEN IAL 1968 FAIRFAX PIKE WHITE 665 FN T.N. 44-A-236 CATHERM SHROCE EST. RA RIMENTIAL 208 GR6®NFIEID AVE WIN22602 T.M. 44-A-207 JAMBS L LADWICK k NANCY L LUDWICK RA RESIDENTIAL 772 OND CHARM TOWN RD. 3TEPHHNSON VA 22666 X T.M. 44-A-206 JAMES T. AEE k HUM E. LAKE RA RESIDENTIAL, 771 DID CHAHI]L4 TOWN RD. STEPID;N90N VA 22666 T.M. 44-A-204 DAVID L BRAGG RA AGHICULTURAL pD 1.10E 174 9E9RHIL00 VA 22824 T.Y. 44-A-229 DAVID L BRAGG RA RIMINTAL PO BOX 174 CIEIRBR00 22624@ 224 TJL 44-A-167 FRANCIS K CIDTTER JE RA RIMEBTIAL PO BOX 141 STBFSiMMN VA 22656 TJL 44-A-168 WEMN K SHANHOLTZKR ITA RESIDENTIAL, 721 OLD CHARLES TOWN IID STEPHENSON, VA 22666 T.M. 44-A-169 GERALD BUSSZRT k JOAN E BDSSER7 RA FaMENTAL 707 DID CHARM TOWN IID 3TEPRFJNSON VA 22668 TAN. 44 -A -170C JOHN KENNETH ANDERSON RA COIF PO BOX 27 STEPHEMN VA 22866 TAL 44-A-170 WINCHESTER GUN CLUA INC. RA REME NTIAL PO BOX 2012 WIN VA 22604 TJ4. 44-d-179 LEONARD C. EIIL9 JR C/o EEJ73 WAR1330USB RA 10487 WASHINGTON HWY GLEN ALLEN VA 29059 T.Y. 44C-1-16 JOSEPH THOMAS IDUZONI.S JE RA RESIDENTIAL 643 OLD CHARM TOWN RD STEPHENSON. VA 22066 T.Y. 44C -1-A JOEL d COLIETT k DIANE L COIJETT RA RE�l0N7ieL 527 OLD CHARLES TOWN RD. STEPHENSON VA 22666 �= 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) Stephenson Associates, LC-J.Donald Shocker Jr Manager (Phone) (540) 665-3214 (Address) PO Box 2530 Winchester, VA 22604 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. 040021293 on Page Instrument No. 040020874 on Page Instrument No. 040020874 on Page Instrument No. 040011938 on Page , and is described as Parcel: 44 Lot: 293 Block: A Section: Subdivision: Parcel: 44 Lot: 292 Block: A Section: Subdivision: Parcel: 44 Lot: 3 1 A Block: A Section: Subdivision: Parcel: 44 Lot: 31 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attomey-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: Proffered conditions or amendments will only be effective in written form signed by a manager of Ste hanson Assoriates, 1. C This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. Signature(s) 10Pi 4z;_ �_ In witness the I (we) have her'to/blet my (o id and seal this i day of dr ///�", 2005 State of Virginia,/County of �� Q�L=To-wit: 1, E,�l (�r/1� �✓ Q� �l , 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 mein the jurisdiction aforesaid this 7 day of L /�, 200_. My Commission Expires: Notary Public 1, l Special Limited Power of Attorney Calinty of Frer1erit L- Vir tYinis"i 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) Brookfield Stephenson Village, LLC -Richard „J. Dengler, Vice -President (For Brookfield Washington, LLC Managing Member) (Phone) (703) 270-1409 (Address) 85.00 Executive Park Avenue, Suite 300, Fairfax, VA 22031 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. 040021293 on Page Instrument No. 040020874 on Page Instrument No. 040020874 on Page Instrument No. 040011938 on Page and is described as Parcel: 44 Lot: 293 Block: A Section: Subdivision: Parcel: 44 Lot: 292 Block: A Section: Subdivision: Parcel: 44 Lot: 31A Block: A Section: Subdivision: Parcel: 44 Lot: 31 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering_ (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I Signature(s) and seal this •— day of 2005 State b4irginia, City/County of �mcc %,1To-wit: k I, Yn=-C- , a Notary Public in and for the jurisdiction aforesaid, certify that the erson ` w. , si red to e �re^oii.^ instrument and who I kare` know:. to me erso ally appeared before p (s/ g 5 5 \ 1 po Y YY �_ me and has acknowledged the same before me in the jurisdiction aforesaid this 9 �4 day of Jfk2 .1 200 5 My Commission Expires: /-3/-Oe, Notary Public • C: SUBDIVISION WAIVER REQUEST c DEBORAH DORMAN DUTCHER Staff Report for the Planning Commission w Prepared: July 1, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/15/05 Postponed by Applicant Planning Commission: 07/20/05 Pending Board of Supervisors: 08/10/05 Pending LOCAT ION: This property is located at the intersection of Dover Lane and Chapel Road, approximately 100' west of the Route 627 intersection with Route 758. 1VIACAS'><ERIAIL DISTRICT: Back Creek PROPERTYID NUMBER: 83-A-106 PROPERTY ZONING chi PRESENT USE: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RA South: Zone RA East: Zone RA West: Zone RA Use: Residential Use: Agricultural Use: Agricultural Use: Residential/Agricultural SUBDIVISION WAIVER SPECIFICS: The applicant is requesting an exception to the provisions of the Subdivision Ordinance to allow the existing Dutcher property to be further subdivided, and reduce the existing Rural Preservation Lot of 74% to 40% of the original parcel. Subdivision Waiver Request — Deborah Dorman Dutcher July 1, 2005 Page 2 Back rg ound: This rural preservation subdivision was created under Chapter 21, Article 4, Section 4-6-4 of the Frederick County Zoning Ordinance adopted February 14, 1990, and amended on December 11, 1991, which allows lot sizes of no less than two (2) acres, while preserving a minimum of 40% as a rural preservation tract. This preservation tract must be dedicated and recorded with the Frederick County Clerk of Court and must stay intact, with one building right. The recorded plat for this rural preservation subdivision shows 58 acres being the rural preservation tract. This plat was recorded June 16, 1992, with lot 4 being identified as the rural preservation tract of this rural preservation subdivision, approved by Frederick County on June 3, 1992 (Exhibit "A"). Chapter 21, Article 4, Section 4-6-4.1 of the Frederick County Zoning Ordinance, under which the Wanda Rosenfeld Proescber Estate subdivision division was created, states the rural preservation tract must be identified. The tract created under this section must stay intact, and cannot be changed though any land use applications. The Frederick County Zoning Ordinance was amended on October 13, 1993, with the same provisions regarding rural preservation subdivisions as this subdivision was created, under Chapter 21 of the Frederick County Zoning Ordinance (Exhibit "B). Section 165-54 D (c) of the Frederick Zoning Ordinance does not allow the rural preservation tract to be changed through any land use applications. Any changes of the rural preservation tract must be in accordance with Section 165-54 (3) (Exhibit "C"). The applicant is requesting to subdivide and reduce this 74% rural preservation tract by 34%. The resulting rural preservation tract would be 40% of the original tract. The applicant requested the right to further subdivide the 74% preservation tract, and is seeking an exception to these provisions which states no further subdivision of a rural preservation tract. The applicant contends that such an exception would not violate the parent tract's density or the minimum 40% parcel size requirements. STAFF RECOMMENDA Y ION FOR 07/20/65 PLANNING COMMISSION MEETING: This 74% preservation tract was created in 1993 consistent with the zoning ordinance regulations. Further subdivision is not permitted. The Board of Supervisors may grant the requested exception if the applicant is able to illustrate the 74% preservation tract was done in error. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this Subdivision request. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. ?9 s p. do sse s � I 86A 816 B s Bsc 51 0P R El 4941% r 86 h 82D \�� SRO d z 106D " 8 sr 16 20 a so ENGLISH Q� 6 7 § epR 83 A 80 106 Q� 14 8q . Gp " 3 , s 6 w i 19 r 101 KI ,36 Sze 83 A 101 so fpgq 346 s2 BUFFALO MARSH f MCDONALD � 83 A 82 °qe s MEAGHER � 84 A 34 34 en• foq 'oe, 84 A 6 0tiv 104 � o 1 1 4 9 12 f07e 11 31 �i ¢a fops :r03 SCULLY '06A. � 1036 10" �„ 22 $4 E1 22 � x'13 21 84 CULLY 29 fos 8 21 •��'� `:', � � - I� P s ? T e r y84 78 ENGLISH 83 A 109 CHEMSTONECORP QQ 28 G27G 83 A 78 �b 3 �wvh Q b 2 C.7��d. 6 8GYFR 1 77 . Ocy9 11 79 83 w " q 108A 'c ', 7s mco 0 ^ ~0 27B j N 27C - �6 108 B� \ 7 fid` s %� p v 20A Y p 4 s lo -?s 7 1°' 3 74 83 A 109 • ;� 2 °O w Q) 107 CHEMSTONE CORP 8q DyF A. O 1 it y 0 A �2 12 za 84 109 12A 19 O��Q Cd - 61p 65 64 62 �� Oj 9 G a 1s`b, 20 GLAIZE 84 A 20 •��'� `:', � � - yrs,, ', si• e� Waiver Request # 04 - 05 Deborah Dorman Dutcher (83-A-106) f_ 81B'.,r aser� its 8sc . i c 92R s 4 5 as' lot KING'RI;F ' sac 83' A 101 rr Y - ;r 704 3484 BUFFALO MARS�i q MC to). 62 $3 A $2 ,Gs� a MEAGi1ER �. 84_.:A 34 � CoQ .i''84rr A104 fi • � -i- t p G). tX'•, - r za� 2 64 H&E, 1x gq p Map Features 6. TGIBq 1036 L. i Paroeis n Waiver Request # 04 - 05 3 /�� Dams Agr loulNral B Forestal steams -�/Reeinigwali: Districts ..bieGh�rh WE Deborah Dorman Dutcher Buildings Road Centerlines Wugsch�ron S a�,_ Tank= N 1 106R a 3 4 7' �6 .24 300600 1,200 a I 106��0.Q�O �6 g 8Q sGy ti 19 3 S 83 A 1p9 CHEM S7ONE CARP �� 3 % arc Vvti SprER � / 3 A a 1p8,A p 27B 108 4a3 ' 4, -•T � �R�` • � �e`�4 r � Z :CYOMSTANEC4RP p G). tX'•, - r za� 2 64 H&E, 1x gq p Map Features IAPFii aOcn ^/Bridges N ew es L. i Paroeis n Waiver Request # 04 - 05 Lakes/Ponds /�� Dams Agr loulNral B Forestal steams -�/Reeinigwali: Districts ..bieGh�rh WE Deborah Dorman Dutcher Buildings Road Centerlines Wugsch�ron S Tank= N S --),Frederick ( 83 - A -106 ) -"I.- Trails 0 300600 1,200 Feet DIVISION OF WE LAND OE PROESCHER ES I A i F EOU01V Djsn, ICT rre� cauv7y VMIMA 22 MAY 1992 -._—— T M Exhibit "A" 8079PG0364' O �7 CFniT�T � a E LF mr,4 THC F"A Cm sodT :J� n 'H f 00,RFA Of ikL .!n '� . �r�rca CM n^,erg= TM t .� CCr17t"^► TkAT M 4?hJ 27 TW3 �S. M aL 11 n� r�P 550, PAGE Hof n+t —50 Y LL 00 C €h^oft* %7 3Y DEED cdrEO cy tGUIT 1968 GI oEm !x?C X90, PAGE GOI (SEE A so vnLL �Aac C►iaPTFA 2 ARr1:-LE 4, SEG�ON 4-6-4 L. ,ALLEN EBERT PRciFESSIONAL LAND SURI/EYOR fb-4) 35 Nl 80CAM S,T.VA -4740 7®3 667 3233' PIC ek i ieA .kid � �fwJ• `ry 83 A /06 zoNED R A j- -3,000' O �7 CFniT�T � a E LF mr,4 THC F"A Cm sodT :J� n 'H f 00,RFA Of ikL .!n '� . �r�rca CM n^,erg= TM t .� CCr17t"^► TkAT M 4?hJ 27 TW3 �S. M aL 11 n� r�P 550, PAGE Hof n+t —50 Y LL 00 C €h^oft* %7 3Y DEED cdrEO cy tGUIT 1968 GI oEm !x?C X90, PAGE GOI (SEE A so vnLL �Aac C►iaPTFA 2 ARr1:-LE 4, SEG�ON 4-6-4 L. ,ALLEN EBERT PRciFESSIONAL LAND SURI/EYOR fb-4) 35 Nl 80CAM S,T.VA -4740 7®3 667 3233' R,P pat o-n� L_oV- Bk779PG0367 5Hsp 5- GO-RS\G N. OS 'b Li �•r TURA PRESER VA 77CN LOT - 74% OT -74% Or d 7 -OM 1 r n.y ")5> � r`AGE 4 O 9 PAPE 5 011 d B 7 79PG0368 : Plat rQaroscmtm ay n of t r�+a>•Srain9 s'ortia:ra og lid rorav�ge� to [�aae�[ii t?or4g,tmld pzo clear pend aiat d 18 ptg%wt 19-82 in C}rad Sola; ©lao trill 1�OA 92, pc-V"k g};a clid Lm*A frc_" LITQ fi'atatha stN+rn ry Lire of V®_ Rauh 7S9 stt� ena ce.atzr Ltrzm of Va. Nouta 62`7, 94 lion Se Ci�tric°k, i wits_ Ca,nt7, Vit ta: . � at an ire pin (ft") in Lb- ox der. gouts. 759, s carr{-�r to t) -.Q Lard ti. with tis mid Line, a 38' 43°' " - 1,346.4a --. to m IP' 3 t '" the Emnt&r ldrio :�f ". ➢saute 627; thrvu , %c4tb the six LrollcedJV azld Gator Limm, with tJw Axe Lisp" 599.25 Ft. (Cax+ed 8 01' 10, >3''� - 5`YY.35 ft., mr 4iuo9 608.929 it.); tier €! 27" e oil 34" i9 - 91.17 ft.; with thw rsL-c Li.°rt 291.xA ft_ (cliord S r.0' 20, 56^ "4 : 387.'.!1 ft. , Stacliw e J.7o3 fie. ); tis c� a 0l • 19• 1• p - 359.32 tt.; with €hR Pxc LiEc--, 221.57 Et. 39' 24' 5?" ng.46 191.049 tt:.); tkvmwa 8 72, 30' 03" m - 341.10 ft. to A w•V,r to t.hjD ChL<r„7c5>T- Corporntl” 5-Imd; urith tk,4 thrs'-A tollo<�rrtt N 47' 16' ZtV L 18.07 it.. to uz+n i:a�3 v:L1 r1rad �,,Lnvlr*, W ^97' 16' :,6" Z - 1,032.04 ft. 1 isl.L Eo a "rcaa :AR (loo,zt ): t3 d 43v 47' 22- v - 190.00 ft. to rn icy piss t►ti r 47- 10' 03" 1: - 1.628,92 tt. to an iron pin (Loyd), 's cosi°r to tnc ais -p 2fn=� glib t1ba LOA" at €lk,� a --.id u-Im d, 0 57- 09, 36" t4 1, 2i2. Ft. to cm iro-a Bin (evu cd) , a cum: -'r to the aa-ld "�€ sd; clY esitA tk- tto follewrirq Unca of t.tt-- ;wAd :ztad, 8 33" rl3' 15" v! - 152.40 tt. to arm lrrm pai-v7 (fiq•4); t4nrnce 11 56' 56' 43" u 170,03 ft, to t" b°givQln7- �tc:.isaiaq: L -M 1. 2.5lb Wr 2: 3.637 ncrew O LOT 3: 14.505 ;=Cos $ % N [BER T LOT 4: � 79.387 1498 Z2 hni 1992 t41A sv t�ti{o4 %IRSINW. FREDERICK COUNTY. sGa. _ We instrumeAt of w"e;ting ww Cr - i to me on ft,, 19 �lnnG wtc rtinwte d acA.aorrlo rec)w t titin to annared was l -J edmiil�fl to reac»rd- GpRLAK��pTtiL�Q y�6 ., 6 'o F 5 A � 25A • p9 . ti 3 � �EBERT (ll Ef i5E1 �O• 1498 �t�h'n �vaa$Y 6xT79PG03�" o� 5wP?.Q G d ` £V �c,-5 AN `' syi NG 1 V a £y S. S�,� ` °app £� £t1 6 i �pSMa-p �ti 1 ` f,Pa`arg y�}\Lfr !i +Ate laµ�s o0 7 1200 1 20" .W 00 -goJ,OT p ' 17It* LOT 4 a �Q 158.4947 w ACRES � LO X I" !MURAL 1. • • . •�� `�� x.09 :� � �e 74% OF 7 -OTA TRAC7' c I LOT 3 � cl U..! w ED14.585 .> ,CRE oer� ,! • 'CP' 11111/777 � U! ' f a A io `p Ic 000 1 Qom' 'A L AIIC EVERT &IL It 149B !r Exhibit "B" 21-4-6 created, for legitimate agricultural purposes as defined by this ordinance, provided the parcels created qualify for land use assessment. 4-6-4 RURAL PRESERVATION LOTS - Within the Rural Areas (RA) Zone, lots as small as two (2) acres shall be permitted on tracts over twenty (20) acres in size, subject to the provisions of Article 4-4-1 and the following: 4-6-4.1 Forty (40) Percent of Parcel to Remain Undivided - Forty (40) percent of the parent tract must remain intact as a contiguous parcel. This acreage must be designated prior to the division of the fourth (4th) lot. No future division of this portion of the parent tract will be permitted. 4-6-4.1.2 Exception to Single Forty (40) Percent Parcel - In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and or visual disruption could be achieved by allowing two (2). residual parcels to be created, the Planning Commission may permit the forty (40) percent to be made up of two (2) parcels. 4-6-4.2 Board Waiver of Division Restriction - Ten (10) years from the date of the creation of any forty (40) percent parcel and following a public hearing, the Board of Supervisors may release the parcel from the restrictions of 4-6-4.1 through the process of rezoning provided that the rezoning is consistent with the goals of the Comprehensive Plan in effect at that time. Any forty (40) percent parcel which is within the Urban Development Area (UDA) at the time of its creation or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that'point and shall. not be subject to the ten (10) year restriction on rezoning. 4-7 SETBACK FEOUIREMENTS The following setback requirements shall apply to all parcels within the Rural Areas (RA) Zoning District. 4-7-1, PERIMETER SETBACKS - Periphery setbacks for all lots shall be as follows: 4-7-1.1 Principal Uses - The minimum setback for any principal use or structure, constructed or initiated after the date of adoption of this section, and located on a lot which adjoins the undivided portion of the parent tract or a parcel not created from the parent tract, shall be one hundred (100) feet from the lot line adjoining said parcel(s). Where a lot abuts a parcel used for agricultural purposes, the minimum setback shall be one hundred (100) feet. The minimum setback from any active orchard shall be two hundred (200) Exhibit "C" § 165-54 ZONING § 165-54 (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: [Amended 10-13-1993] (a) Forty percent of the parent tract must remain intact as a contiguous parcel. (b) This acreage must be designated prior to the division of the fourth lot, (c) No future division of this portion of the parent tract will be permitted. (2) Exception to single forty -percent parcel, In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 4011b to be made up of two parcels. (3) Board waiver of division restriction. Ten years from the date of the creation of any forty -percent parcel and following a public (Cont'd on page 16577) 16576.1 12-15-2004 § 165-54 ZONING § 165-55 hearing, the Board of Supervisors may release the parcel from the restrictions of Subsection D(1) through the process of rezoning, provided that the rezoning is consistent with the goals of the Comprehensive Plan in effect at that time. Any forty - percent parcel which is within the Urban Development Area (UDA) at the time of its creation or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. § 165-55. Setback requirements. [Amended 12-11-1991; 6-9-19931 The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Traditional five -acre lots. Setbacks from traditional five -acre lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Setback (Side and Rear) Adjoining Land Use (feet) Residential/vacant 50 Agricultural 100 Orchard 200 B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-55A(2) of this chapter. (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any 16577 10 - 20- 2002 P,TUN-13-2005 10:29 FROM:ARTZ & ASSOCIATES 540-667-9188 TO:6656395 P:1/1 s� m 0 ■ ■ Artz �- A550"Vate5, P.L.C. f 6 5a5t f iccad+lly 5tre-et Winchester, VA 22601 540-667-3233 540-667-91 S5 (Fax) Toll Free 800-755-7320 mikeartz&5hentel.net Tuns 13, 2005 Mark R. Cherana, Zoning Administrator Department of Planning and Development Frederick County RF; Subdivision Waiver Request for Debra Dorman Dumber -- Fox. Lea Rural. Preservation Lot Subdivision Mark, This Letter is to request postpoDement of action of the Planning comm. ission. on the above referenced request from .lune 15 to the next scheduled meeting of ibe Planing Commission. Since y d a - Michael M. Artz, L.S. Artz * A55003te5, P.L.C. 16 East Piccadilly Street Winchester, VA 22601 540-667-3233 540-667-9 188 (Fax) rVII ,.11 Lr c Linn 7GG `7 7n I II GG VVV-/ ✓✓-/ JLV mikeartz@5hentel.net May 20, 2005 Mark R. Cheran, Zoning Administrator Department of Planning and Development Frederick County RE: Subdivision Waiver Request for Debra Dorman Dutcher — Fox Lea Rural Preservation Lot Subdivision Mark, This letter is to provide you with additional documentation to support my request for a Subdivision Waiver regarding Section 144-31.C.I(b) and Section 165-54.D(1)(c) of the Frederick County Code. It is my contention that Section 165-54.D(1)(c) is intended to only prevent any future division of 40% of the original parent tract. In reading this section of the code in its' entirety, it is my opinion that only 40% was intended to be preserved. In the case where a tract larger than 40% was designated 1 believe that a further subdivision is possible as long as all the other requirements of 165-52, 53, and 54 could be met. This is the situation in this case. Ms. Dutcher created a Rural Preservation Subdivison in i 992 that created a 74% Rural Preservation Lot. At that time she did not desire to subdivide her entire parcel into lots and believed that she could further subdivide as long as she retained a minimum of 40% in the Rural Preservation Lot. The Zoning Administrator at the time, Wayne Miller, indicated that this was and still is his interpretation of this section of the code. In addition, as recently as June of 2000, the Zoning Administrator at the time, Mike Ruddy, approved a Rural Preservation Subdivision for Walnut Springs that was prepared by me. He specifically requested that I include Note #9 regarding the Rural Preservation Lot on the approved Preliminary Sketch Plan as follows: "Parent tract (Parcel 161) cannot be further subdivided without the approval of a Revised Preliminary Sketch Plan. In no case shall this lot be reduced below 67.252 Acres. " The 67.252 Acres represents 50% of the original parcel of 134.503 Acres. Instead of the normal minimum 40% Rural Preservation Lot, a proffer of a 50% Rural Preservation Lot was committed to the Planning Commission on April 18, 1999 for an approved Waiver request to the minimum length of a cul-de-sac road. I have included a copy of the approved Walnut Springs Preliminary Sketch Plan as part of this package. It is obvious from this information that Section 165-54.D(1) is now being interpreted differently from previous Planning Department personnel interpretations. I want to be clear that I am requesting for a waiver to Section 165-54.1)(1)(c) to allow the existing Dutcher property (shown as Fox Lea Rural Preservation Lot Subdivision on the attached plan) to be further subdivided and reduce the existing 74% Rural Preservation Lot to 40% of the original parcel as I believe the code intended to allow. The parcel WOULD NOT be reduced below 40%. Sincegely Michael M. Artz, L.S. COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street ! Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WAIVER/EXCEPTIONS REQUEST APPLICATION 1. Applicant: Name: -kael — Telephone: (a -7 Address: {-!" t2T[ 2. Property owner (if different than above): Name: ,:i7c t; I-.yom„gh! 'P SiC-)4 tz Address: ?,i V 6 tZ �! t 1✓'/a i d, 3. Contact person (if other than above): Name: Telephone: 5''o - c� % 7— a Telephone: 4. Waiver request details (include specific ordinance requirements to be waived): v 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1FJ 1 EP-SEGTMrJ d r" ' �1 t.f rsl CE4F�PFr� '¢rbAp AWtZ03t.It�t)! 4u-Es7- or /Lode r2 7 1 EISCcT't�l 6. Parcel Identification/Location: Parcel Identification Number �' 1 6 Magisterial District: X11 7. Property zoning and current use: Zoned: 9`4 Pil District Current Use: 8. Attachments: Adjoining Property Owners List Existing/recorded and Proposed Plats OFFICE USE ONLY: Fee: $500 enclosed: Receipt #: �� 9. List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. tarly"I - Page 2 - OS445 60Z- AddressY€,5 ?%��o �eeZ. L., ilEr �,r:btdi1 J& ?b Property ID # tzA Vqq t J M• � �` Address -%Ba VgWr,,q L,,Alga �!v)+✓,%at-�TGr,�`n/ War 2` 5 Property ID # 83-,4- 80 �,4u L. Address )o t l Gkli RWi— a,l"., j tl 'l�rt'� rJ rl �i l;r 2264 PropertyID #�,� AAA141" clE 1 �. rvl. ��b4Llr�. Address iryi *orFR-t.-n AA4-%+ CL& (w►�aKir. -;�t.rti Property ID # 8-15 - A - I `p 6'F-7 k.e,JNe44 4u . at M712 - M- D. V. &o4 Address 2 j4) Mellownf Property ID �,,r, s �✓� w 1N 4� Address 4Q;2 ti,AU;t t✓ 1�'ab'46' 14d W iAC, 4A 2 Property ID # Rqj . p .. p^p Lb�. Address fl) 0 71, tIM 5"Zo \IA r Property ID #— I , C1 Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2 - OS445 60Z- - LI5 N 8 i W BTS.J3 CI 1 LIS H O1, .3 E 203].18 C Lig 5 4' 659 E 127.33 G Lt) 5 M02J9 E IIOB.b C1 IB N 80190.1 E 457.18 CS 559.3 17.31 1],: N 973513 E 01D613 ..` SSOI.M 26a.1. 389.- N 050959 E DD' 12 2301.44 319.70 219.94 x 70341) 043 1B ,}37,96 231.51 231:2 N 69'79 1 .. 09:17 JJ 2]5.00 117.14 37.67 11378 109.43 IN.OJ 77.41 � L19 N 2B'J2 21 fY It It 1 J9 N 1a'b 14 007930 75. 39+ 5 74'5959 E 97292 '159.01 S Oa69 UJ rr 37615 N 8ff3037 H 177.09 . 983 --� 99-20 L2] 320554 W- 117.71 124 x 5409 H • s+528 .11gA8 NO- S 5 J 55 w Ja4J2 s 01'26 W BJ]Jt ' '- aeJD 98 .. 2g ROBEltf 1.EB 5'I69.M. ETPL PL. ? i J( NOlFS: � AIffA SUMMMY �� \\ 1. IXN'NNO fl/Y] 1WQR1 OF S'IRIY HRL ROW (VA RR 998) IS' b•. M ADOOI6W7. 5• DFDIGDON FOR PHy^E FlRURE WIOFNINC xA4 ALREADY OCCURRED ALONG P,tISE t WHEN EMtSDND tm JO HAS PACED ON RECDRO.: Wf5 1 TNRO 7 @ UMI 21 T,OaI 22 19.099 AC 2 VARIANCE GHANIED W PIANNINC GINUASAON FOO LENGTH OF 3,900' CUL -OE -SAC ON 1/18/99. - ROAD DFD,GTON \ J. Pfl6EM. aMNETa HENRY C fA,E7MER, J0.. B. NA.RUiH BUERNFR SF2 06 871, M. 1011.. ' . AD O PHASE I MEA -�aT �C 4. PARFM TAX PARCEL NO. - 28-((A))-181 EONS: RA pl{49E 2 CUflflFM USE: WBOCULIURIL tars a TNIIU fz 6 Im 20 20.791 AC PROPOSED USE: RE OED ,N, ANR. ! MltlaR.NRAL ROW IGIIUII 19 p � !. COMOURS SIIDNN HERc011 AE MEAN SG LEVEL AND WERE TAAE71 FROM MOIL p, 1 CN1PN, PRa,1UED TOfA1 PHASE 2 AtIG • . 8Y WINGS -AERIAL MAPPa1C. CONIOVR IMFINN: IS 1W0 FEET. g65E. J 0. THERE THLL 8E NO'P ATE EITIRIWCFS CONSIRUCTFD AIDNC SIOM N41 ROW (VA RTE 988). LOTS 13 TNRU 19 lA1N AC 7. •LOTS 1' tHiEU 23'AL 9E ASSXRIED NEW TAY PARCEL 9I'NUMfiEF6 28-5-1'.IMN ?Z LOT. u. all! .. ROAD.OED GA_ 13)5.7�I1rAL .. MAN THE PARENT'TAX PARCEL 9Y NO..28-A-181. - MAIL PNaSE J XaA It., TS TOTAL fats RRIC SEINED 9Y M -OE -SAC lO a I. iNRU ?J. DUCTS D MN E RURAL ?NSETNATION LCT 22 8/217 AC. 9. PMEifF TAACF {191) CNIIgF 9E M{INFR $UBOMDED YR1HW THE MP11N•K DF A REYISEy PRELMINAAT SNEIFJi PLNL IN NO GSE SHALL iM5 IAF BE:NmUCED BEIDH 97352 AfJ6S 1001 AREA331.503 AC .. 10. PRX)R TO APPROVAL OF 1µ.l PLATS, VOOf MUSE APPROVE RDAD C0115HNC110x MO D6TCN.PI,WS MFA TMI m. TODL AREA IN TAY PAxCEL. "-((A))-191 13450.1'ACNE, PER FRiD SUINEY 761DwEp OENSWY (13150.3/9) _ P II11S PWS 1 RURAL f1tESE1NAII0N TDF. . OENAR _ Y2 ,AF' PW9 I R191A,: PDESflNAIRM LOT - _flVPH.'PRESE1NAlgN b; PARENT -PMCF1 _ (174.303 X O.b) _ SJ.801 ACItEq REgRRED . IJIJOJ x O50) _ 61352 OGRES COMMRTED tO PL+NMtM CoA--; 81J17 ACRES PIN"SW (80Xj RURAL PRESERVATION LOT SUBDIVISION rs3me. twlX m M>E �. .. WALNUT RRLNG.S /,Uw wt 3.1,19 2VY.200' _PRELIMINARY SKETCH 'PLAT 1 1 �� 133 ' o• 2DD �- 4� �.. _US�r -b I�iMiIES` '+WOIE+EL M. AR2� le I' )i 22 .• jt � � FREDERICK COUNTY ZONIK ADMINISTRATOR DATE NNli7 MM 9x6P'AT GAINESSORO. DISTRICT, ONNER` Dl ron.T ER ,. 91¢3 FREDERICK COUNTY, "HENRY a 6UE1TNKAR ; - .+s • �'• VIRGINIA 5372 NORT.,WE@i¢;N PIK1 'NINCNESfkR VA OF TfiFPliaNESW-857 32111 LOT t TM 1183-n-1068 TM #83-A-1o6A Ke_ER14 W.8 MnRCHI C 980 488 888 Q NOtES: 1. PARW TA% PMOE. M. - BS -((A))-108 ZONE M Qm Fv f NSE NR2CUI.TUPAL PROP05FD USE RESIDE'A" t ADRICULNRN. 2. WNIWPS SHOWN NEREON'ME'eASEO ON --EN— COUNTY FIVE FOOT CCN GtRt AERW. NAPPING. J. IDIS s THW 10 W BE ASACNED NEN TO PARCEL 10 KtolSERS BJ- -S tNotj Ia. LDr 4 NM RETNN THE PAEENr TM PARLE1. 92 N0. BJ -A-108. 4. PARENT TPACS(60r a) ip,Np' f BE FUm RTHER 5UBOMDWfIF10Uf INE FPPXOVN. OF A REVISm PREIIMR1Mf SIQICiL RAlL N NO CASE SNA31 I1fE fNPIL PWlDT BE -REDUCED BaOW AREA SLMWAY �A• MICIVEL M. AR(Zs 31.8348 ACRES. 3. OR14YtW. tors 1, 2. S, d 4 Mt]iE CREATED UNDER THE RUPN, PRESERVAT1g1 t0i OPTION Ism— 183-51 D). NONEVER No PAC]JM9l+(f'r SNEICN PUT WAS MPROVm. LOIS t. 2 t E205RN2 t0T i EAmNG IDT z EAml10 2.598 ACRES -Aj/o5 � ��,((( <' • we �•• y�' M• 4 EASE i y IXR"IR10 IDIS AND . pjBp /C3 PORRDN OP OA�tW,B� J NA5 BEFNS�� INTO IA%LA15♦ED ANO LOT x EAmNO LQf 38 MA"ib83-A-lo8B 383] ACRESCREA`tW 8.125 ACRES 3.000 ACRES ) 1 lam 9' 'PCO �l . _ •h • Y CON52lRH1ED MRH TY /AT-#-1086lY {Df o.380 AORES NEN IDr ] 2.000 ACR 082 2.ACR —ES >•h „' AREA, TMUTATRIN: RIf1J. MFA IN TNI PARCEL NEW LOf 8 NEW LOT 9 0 tNEN IM 1ER 2Lm 252 ACRES ES ACRES c. �r:.t,)'•�...i .'i,'+�.` . j2?M1 . t'~~y '•k�s,•f*' I.OT 1 81-(W)-106 (PNOR TO ORIOPVL IDIS 1. 2. J. fI ]9.38) ACT✓E5 PW FlEtO SUTEY NEW IOf 13 A110WFD DEIC9fY (]9852/3) - fs 8013 PWS 1 RVPAL PR6ERVATN%1 LOr 2.M 2.080 ACRES AaR 'q 1 X} ^ �`S�y•sL'Y. ~ PROPOSED OE13fEf . 13 LDI� PLUS 1 AURAL PP6EILVATION LOr MD i FAMILY IDT IXEYPIAN TURN. PRESEIIVAIbN t0i PM(OIT PARCEL - (n8B] % O.aO) NEN IAT IJz— NEW 14 LOW .ACRES 2.OW ACRES o G *'c'•.Y 318318 IR1ER E6'AUIRED 1189.0 ACRES PROPOSED (40.1%) NEW0 NEW Lr f8 2.M ACRES 2.000 ACRES CWPEI, ROAD OFDICATAN DUICNER Co, 0.]31 ACRES 1.v38 ACRE NW W. PRESRVATM LDf 4 31.894 MAFS T Al. ]9.38] ACRES FAEDEIOLT( CgMfY SUBDM90X ADERR15TrtiRAIOR RURAL PRESERVATION LOT SUBDIVISION REIaMF m OAiE oLS DATE I DA VISIN MWAPz3n 1•. m 3NtIWR3r 3 SdtE 1• - zW v�/ FOX LEA PRELIMINARY SKETCH PLAT OPEQUON DISTRICT FREDERICK COUNTY, .. VRGINIA OMER-OEMOPER D -mmW D o �1ER Do bbJ•P0113t s1¢r T /.bb2J9