PC 03-16-05 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
March 16, 2005
7:00 P.M. CALL TO ORDER TAB
1) February 16, 2005 Minutes.............................................................................................. (A)
2) Committee Reports.................................................................................................. (no tab) -
3) Citizen Comments.................................................................................................... (no tab)
PUBLIC HEARING
4) Rezoning #01-05 for Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28
acres from RA (Rural Areas) District to B2 (General Business) District and 54 acres from RA
(Rural Areas) District to RP (Residential Performance) District. This property fronts on the
west side of Front Royal Pike (Route 522), opposite Airport Road (Route 645), and is identified
by Property Identification Numbers (PINS) 64-A-10 and 64-A-12 in the Shawnee Magisterial
District.
Mr.Ruddy.................................................................................................................... 13
5) Rezoning #02-05 for Adams Development Group, submitted by Greenway Engineering, to
revise proffers attached to Rezoning # 11-04 of Adams Development Group concerning the
rezoning of 59.708 acres to B3 (Industrial Transition Business) District. This property fronts
on the west side of Martinsburg Pike (US Route 11), opposite the intersection with
Stephenson (Route 664) and is identified with Property Identification Number 44-A-75 in the
Stonewall Magisterial District.
Ms. Perkins..................................................................................................................... (C)
PUBLIC MEETING
6) Master Development Plan 905-05 Briarwood III, submitted by Patton Harris Rust &
Associates, PC for single-family detached urban dwelling units. This property is east of
Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision and is
identified with Property Identification Number 55-A-200 in the Red Bud Magisterial District.
Ms. Perkins..................................................................................................................... (D)
7) Other I FILE COPY
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on February 16, 2005
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; George J. Kriz, Gainesboro District; John
H. Light, Stonewall District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A.
Morris, Shawnee District, Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; Greg L.
Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors'
Liaison; and Lawrence R_ Ambrogi, Legal Counsel.
ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; and
David Shore, City of Winchester Liaison.
STAFF PRESENT: Eric R- Lawrence, Planning Director; Mark R. Cheran, Zoning Administrator; Candice
Mills, Planner; 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 Kriz and seconded by Commissioner Triplett, the Work
Session Minutes of January 5, 2005 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Regular
Meeting Minutes of January 5, 2005 were unanimously approved as presented.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CPPS) — 02/14/05 Mtg.
Commissioner Light reported that the CPPS began their discussions of the Urban Development
Area (UDA) Study. He said they also discussed information on a UDA expansion request at Eastgate Commerce
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Center and information regarding the Haggerty property. Commissioner Light noted that all of these items will
require additional discussion by the CPPS.
Historic Resources Advisory Board (HRAB) — 02/15/05 Mtg.
Commissioner Gochenour reported that the HRAB discussed a proposal by Greenway
Engineering concerning the Russell 150 Rezoning, which is a historically -significant site located within the Sewer
& Water Service Area (SWSA) and the Urban Development Area (UDA). Commissioner Gochenour reported the
HRAB's recommendations on the proposal to the Commission which included saving the existing structures or, if
this is not possible, the site should be thoroughly documented Commissioner Gochenour stated that the HRAB
also discussed By -Laws and future goals, which included the HRAB's desire to work with other historic agencies.
Sanitation Authority — 02/15/05 Mtg.
Commissioner Unger reported the following items from the Sanitation Authority meeting:
rainfall for January was 1.8 inches, which is a little less than normal; four wells have been dug so far in the
Clearbrook area, but none have been productive enough to use and they are working on their last well now; there
is discussion about hiring an engineering firm to conduct a study on wastewater and water for Frederick County;
the estimated cost is about $185,000.
Winchester Planniniz Commission — 02/15/05 Mtg.
Commissioner Ours reported that the Winchester Planning Commission recommended approval
of a site plan for the expansion of Westminster -Canterbury, located on the dividing line between Frederick
County and the City of Winchester. Commissioner Ours said the site plan included apartment expansions,
construction of a fitness center; parking revisions, and a service drive location.
In addition, Commissioner Ours reported that the Winchester Planning Commission continued
their discussions regarding corridor enhancement, which is a text amendment to their zoning ordinance. He
recognized that a number of Frederick County Commissioners have been interested over the years in corridor
appearance into the City and through the County. He said the City has a very good plan and while it is structured
towards the City environment, it contains many very good elements that could be used for other applications. He
added that the City is also reviewing their Commercial Overlay District.
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PUBLIC HEARING
An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165-37D(3) to allow
waiving of distance requirements from the B1 (Neighborhood Business) District and the B2 (Business
General) District buffer requirements.
Action — Recommended Approval
Zoning Administrator Mark R. Cheran reported that at the Development Review & Regulations
Subcommittee's (DRRS) meeting of December 9, 2004, members discussed a request from Greenway
Engineering to amend Section 166-37D(3) of the Zoning Ordinance to allow waiving of the distance portion of
the zoning district buffer requirements. Mr. Cheran explained that Section 165-37D(3) currently requires the
establishment of a Category B buffer when B 1(Business Neighborhood) and B2 (Business General) properties
are developed adjacent to RA -zoned properties primarily used for residential use. He noted that staff recommends
that any waivers be limited to distances, not to screening. Mr. Cheran said that both the Planning Commission
and the Board of Supervisors discussed this proposal previously and were in favor of the changes as presented.
Commissioner Morris raised the possibility of a situation where the property line would back up
to two different property owners and one property owner would consent to the waiver while the other one would
not. He asked about the possibility of there being one kind of buffer along a portion of the property line and then
another type of buffer for the remaining portion of the property line.
Mr. Evan Wyatt with Greenway Engineering explained that this amendment would provide the
opportunity for a property owner to come before the Commission and request a waiver; he said it does not mean a
waiver would be granted in all situations. Mr. Wyatt stated that the proposed waiver would allow for a potential
reduction in distance; basically for allowing a parking lot area to encroach within a portion of the buffer. He said
that it does not eliminate or reduce any of the required landscaping under the existing buffer requirements. Mr.
Wyatt believed this was a safe ordinance for the County because it required the consent of the adjoining impacted
property owner prior to the Planning Commission's consideration. Mr. Wyatt said that, in addition, the proposed
waiver will not allow structures to be placed any closer to the adjoining property than the required setbacks. He
said the end result of the waiver would allow a portion of a parking area to encroach within the inactive portion of
the buffer; it does not eliminate any landscaping, it does not allow structures to be placed closer together, and it
requires the consent of the adjoining property owner.
Regarding Commissioner Morris' observation, describing a potential situation where a property
line was bisected by two adjoining properties, Mr. Wyatt said that the waiver brought before the Commission
would not be for the full property line. He said the Commission would have to look at the layout design and if the
Commission was not comfortable with how the two layouts blended, then the Commission would not be obligated
to grant the waiver.
Commissioner Straub inquired about the possibility of a situation where the property owner of
the B2 property is the same as the property owner of the residential property. Mr. Wyatt responded that they
could grant themselves the opportunity to have a waiver brought before the Commission. He believed the biggest
concern raised was the circumstance where property owners move onto a parcel and the adjoining property is
vacant; then subsequently, something unexpected occupies the previously vacant property. He said that in the
scenario raised, the purchaser of the property would already know what was on the adjoining lot.
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Chairman DeHaven called for public comments and the following person came forward to speak
Mr. Fred Stronko, a resident along Martinsburg Pike, was opposed to the idea of allowing a
waiver for distance and buffer requirements because of the impacts of encroaching business and industry on
adjacent residential homes. He said that the buffer requirements were established to protect adjoining property
owners from noise, fumes, etc. Mr. Stronko was concerned that approving this ordinance amendment would
create a precedent for others to follow.
Commissioner Kriz commented that he liked the flexibility this waiver would provide to enable
good design in various areas. Commissioner Kriz moved for approval and this was seconded by Commissioner
Ours.
BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby
recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165-
37D(3) to allow waiving of distance requirements from the B1 (Neighborhood Business) District and the B2
(Business General) District buffer requirements, as follows: The Planning Commission may grant a waiver to
reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners.
Should a waiver be granted by the Planning Commission, the distance requirements of Section 165-37D(1)(a)
may be reduced provided the full landscaping screening requirements of this section are met.
The vote was as follows:
YES (TO APPROVE): Paige, Triplett, Kriz, Ours, DeHaven, Light, Morris, Unger
NO: Gochenour, Straub
(Commissioners Thomas and Watt were absent from the meeting.)
PUBLIC MEETING:
Waiver Request 901-05 of Richmond American Homes of Virginia, Inc., submitted by Charles P. Johnson
& Associates, Inc. for an exception to the Frederick County Subdivision Ordinance, Section 144-24(D) to
allow the creation of a ten -foot -wide out -lot (remnant). The property is located in the Lynnehaven
Subdivision, Section 1, Lot 2, on the southwest corner of Sesar Court and Farmington Boulevard. The
property is also identified with P.I.N. 55K-01-01-2 in the Red Bud District.
Action — Recommended Approval
Zoning Administrator Mark R Cheran stated that the property contains a single-family dwelling
which has been constructed over the front building setback of 35 feet on the right side. Mr. Cheran explained that
the setback error was identifiers during the setback survey associated with the building permit. He noted that
corner lots are considered to have two 35 -foot front setbacks, however, the actual front of the property is
determined by measuring the shortest distance. Mr. Cheran stated that the applicant has made this waiver request
to the Commission in order to create a side setback of ten feet on the property.
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Commissioner Unger asked for the number of feet encroached. Mr. Cheran replied that the
structure is four feet over the building restriction line; he said that if the waiver is not granted, a Certificate of
Occupancy can not be issued.
Mr. Ian Williams, Esquire came forward to represent Allan Baken, Operations Manager for
Charles P. Johnson & Associates, Inc., the engineering/design firm for the applicant, Richmond American Homes
of Virginia, Inc. Mr. Williams said they were seeking the waiver as a result of a four -foot error in the placement
of the house which was not discovered until the final inspection for an occupancy permit. He said that they first
appeared before the Frederick County Board of Zoning Appeals, however, they were denied because of the
Board's narrow hardship standard. Mr. Williams stated that are now seeking the interpretation of a broader
discretionary authority, through the Planning Commission, via Section 144-5, dealing with the opportunity to
grant a variation, a waiver, or an exception. Mr. Williams said that their effort is to solve the problem within the
boundaries of the ordinance. He explained that they are seeking to become compliant by taking Lot 2A, which in
and of itself is compliant, and abutting it to Lot A as a necessitous adjunct to Lot 2A. W. Williams stated that
the two lots cannot be severed or divisible and must convey together through deed. He added that the home fronts
on Farmington Boulevard and Sesar Court is the side.
Chairman DeHaven called for public comment, however, no one came forward to speak
Commission members had questions for the applicant and the staff to determine if this was an
attempt to defeat the ordinance requirements or if it was merely an oversight. They inquired about the procedure
for checking setbacks and whether the building inspectors were still being used to assist in the process. Members
of the Commission understood that an error of this type could occur and believed the solution was a workable one.
Upon motion made by Commissioner Ours and seconded by Commissioner Gochenour,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Waiver Request 401-05 of Richmond American Homes of Virginia, Inc., submitted by Charles P.
Johnson & Associates, Inc., for an exception to the Frederick County Subdivision Ordinance, Section 144-24(D)
to allow the creation of a ten -foot -wide out -lot (remnant). The property is located in the Lynnehaven Subdivision,
Section 1, Lot 2, on the southwest corner of Sesar Court and Farmington Boulevard.
Master Development Plan 402-05 for. Adams Development Group, Inc., submitted by Greenway
Engineering, for office, warehouse, and self-service storage use. The property is located in Stephenson,
fronting on the west side of Martinsburg Pike (Rt. 11), opposite the intersection with Stephenson Road
(Rt. 664), and is identified with P.I.N. 44-A-75 in the Stonewall Magisterial District.
Action — Recommended Approval With Cul -de -Sac Length Waiver
Planner Candice E. Perkins reported that this master development plan is a proposal to develop
approximately 59.7 acres of B3 (Industrial Transition) -zoned property with office, warehouse, and self -storage,
which is consistent with the proffers for the site. Ms. Perkins proceeded to describe the buffers along the north
and south property lines and the landscape enhancements along the Martinsburg Pike corridor. She noted that the
transportation proffer from the rezoning restricts the site to one commercial entrance off of Martinsburg Pike with
a right -turn deceleration lane; contribution of additional right-of-way to V DOT, and an agreement to contribute
Fredrick County Planning Commission Paae 1463
Minutes of February 16, 2005 v
Q.
towards the cost of signalization in the area of I-81 and Exit 321.
Ms. Perkins continued, stating that the applicant is requesting that the Planning Commission
approve a cul-de-sac length waiver with the review of this master plan; she said the waiver would allow the cul-
de-sac to be greater than 1,000 feet in length and to be built in conformance with the generalized development
plan submitted with the rezoning.
Commissioner Morris inquired about the location of the bicycle trail on the master development
plan.
Mr. Evan A. Wyatt with Greenway Engineering was present to represent the property owners,
Adams Development Group, Inc. Mr. Wyatt stated that installation of a bicycle trail was not proffered at the
time of rezoning, however, an 80 -foot right-of-way is in place along Rt. 11. He said that despite the fact that the
WATS plan does not call for future widening of this section of Rt. 11, the applicant is anticipating improvements
to Rt. 11 from the limits of WATS to the West Virginia Line. As a result, the applicant proffered an additional
20 -foot right-of-way strip. Mr. Wyatt said there will be a 100 -foot right-of-way available for the Rt. 11 design,
which will include 40 feet to accommodate a bicycle trail on their property, if the trail is ultimately a part of the
design.
Regarding the cul-de-sac length waiver request, Mr. Wyatt said that a narrative has been placed
on the master development plan that states the distance of the cul-de-sac will not exceed 1,800 linear feet. He
said that the road will not continue further towards the west because of I-81 and it would not connect to the
mobile home park to the south.
Mr. Wyatt next spoke about the wetlands adjacent to this property which were identified as
pristine by a representative from the Corps of Engineers. He said they will be modifying their plan by moving the
fence outside of the required buffer distance area so that it does not disturb the wetland area. He said they will
also modify their landscape detail in the south buffer area to include the plants recommended by the Department
of Forestry for riparian buffer areas. In addition, they are going to move the sewer force main out to where the
fence will be relocated. Mr. Wyatt said that it was their intention to comply with the Corps of Engineers'
recommendations, which is a no -disturbance area of what the Corps believes to be a pristine wetlands area.
Commissioner Gochenour asked for additional clarification on the storm water management plan
for the site and any investigations regarding the karst topography. Mr. Wyatt replied that instead of constructing
the typical storm water management pond, they intend to incorporate best management practices which will
achieve storm water quality before it enters the receiving channel. With regard to the karst topography, Mr.
Wyatt said that when a site plan comes in for commercial development, drilling will have to take place at the
building site to make sure there is no conflict with karst geology. He added that the County Engineer has
requested the applicant's commitment to geotechnical investigation at the site plan stage and the applicant has
agreed to that with the note that has been placed on the site plan.
Commissioner Straub mentioned what appeared to be a residential property to the south which
only has a six-foot fence for the buffer. Mr. Wyatt stated that the zoning ordinance gives the option of using a
six-foot high opaque buffer, which could be a fence, a wall, a berm, or a mound. He said they decided to place an
earthen berm with tree plantuigs on the north side; however, on the south side, they were reluctant to do grading
because of the wetlands.
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Chairman DeHaven called for public comments, however, no one came forward to speak.
Members of the Commission believed the preliminary master development plan was consistent
with the requirements of the zoning ordinance and was also in accordance with the proffers submitted with the
rezoning.
Upon motion made by Commissioner Light and seconded by Commissioner Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Master Development Plan #02-05 for Adams Development Group, Inc., submitted by Greenway
Engineering, for office, warehouse, and self-service storage use with the addition of a cul-de-sac length waiver, as
requested by the applicant.
ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 8:00 p.m.
Respectfully submitted,
Charles S. DeHaven, Jr., Chairman
Eric R Lawrence, Secretary
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REZONING APPLICATION #01-05
RUSSELL 150, LC
Staff Report for the Planning Commission
Prepared: March 2, 2005
Staff Contact: Michael T. Ruddy, Deputy Planning Director
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 03/16/05 Pending
Board of Supervisors: 04/13/05 Pending
PROPOSAL: To rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) District
and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers.
LOCATION: The property fronts on the west side of Front Royal Pike (Route 522), opposite Airport
Road (Route 645), and has frontage on the east side of Interstate 81.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER(S): 64-A-10 and 64-A-12
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Agricultural/Vacant/Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RP (Residential Performance)
Use:
Residential/Institutional
B2 (Business General)
Vacant
South:
RA (Rural Area)
Use:
Vacant
B2 (Business General)
Vacant
East:
RP
Use:
Residential
West:
City of Winchester
Use:
Residential/Vacant
PROPOSED USES: Residential (single-family attached and detached) and Commercial.
Rezoning 401-05 — Russell 150, LC
March 2, 2005
Page 2
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 522. This route is the VDOT roadway which
has been considered as the access to this property. VDOT is satisfied that the transportation proffers
offered in the Russell 150 rezoning application dated February 3, 2005 addresses transportation
concerns associated with this request. While the extension of East Tevis Street to Route 522 was not
included in your plan, VDOT would expect developer participation in construction of this extension if
the opportunity becomes available for the extension during construction of this development. Before
development, this office will require a complete set of construction plan detailing entrance designs,
drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for
review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way
dedications, traffic signalization, and off-site roadway improvements and drainage. Any work
performed on the State's right-of-way must be covered under a land use permit. This permit is issued
by this office and requires an inspection fee and surety bond coverage.
Fire Marshal: Emergency vehicle access must be maintained at all times. Extension of municipal
water supplies shall be addressed during the site planning process. No open air burning will be
permitted on this site. Plan approval recommended.
Millwood Station Volunteer F&R: Ensure proper hydrant scale and adequate fire lanes where
appropriate. Request blue reflectors on the roadway where hydrants are located.
Department of Inspections: No comments.
Frederick -Winchester Service Authority: No comments.
Public Works Department: Please see the attached letter dated November 9, 2004, from Harvey E.
Strawsnyder, Jr., P.E., Director of Public Works.
Sanitation Authority: N® comment.
Frederick -Winchester Health Department: Adequate water and sewer must be provided.
Frederick County Department of Parks & Recreation: All bicycle lanes/trails should meet the
Virginia Department of Transportation standards for hard surfaced facilities. Development does not
appear to offer the monetary resources needed to offset the impact the residents of this development will
have on the Parks and Recreation Department services provided by the county. Staff is not sure
designating a floodplain as open space offers the area any additional protection. Furthermore, the Parks
and Recreation Department would rather see usable open space to meet the active and passive leisure
needs of area residents. Plan alludes to public parkland; however, the only areas discussed for the park
are floodplains and wetlands. All discussions regarding required open space seem vague. Plan does not
appear to provide the total required open space or the total usable open space offered. Plan does not
Rezoning #01-05 — Russell 150, LC
March 2, 2005
Page 3
address recreational units required for this project
Winchester Regional Airport: Please see attached letter dated December 8, 2004, from Serena. R.
Manuel, Executive Director.
Frederick County Public Schools: Please see the attached letter dated December 3, 2004, from Mr.
Stephen Kapocsi, Administrative Assistant to the Superintendent.
Historic Resources Advisory Board: Please see the attached letter dated February 17, 2005, from
Ms. Candice E. Perkins, Planner H.
Planning & Zoning:
1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle)
identifies this property as being zoned R-1 (Residential Limited). The parcels were re -mapped
from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning
initiative (Zoning Amendment Petition 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) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1-1]
Land Use
The parcels comprising this rezoning application are located within the County's Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area defines the general area in which more intensive forms of residential
development will occur. In addition, The Russell 150 property is located within two small area
land use plans; the Route 50 East Land Use Plan, and the Southern Frederick Land Use Plan.
Buffalo Lick Run is a feature that divides the Russell 150 property and provides a common
boundary for the two land use plans.
The Route 50 East Land Use Plan envisions a commercial mix of business and office uses on
the area of the property north of Buffalo Lick Run. The southern portion of this property is
located within the area encompassed by the Southern Frederick Land Use Plan and is identified
with a Mixed Use designation east of Warrior Drive and a Commercial designation in the area
between Warrior Drive and Interstate 81.
Rezoning #01-05 —Russell 150, LC
March 2, 2005
Page 4
As noted in the Comprehensive Plan, in the southern portion of the property mixed use areas are
envisioned to include residential and commercial components, of which a maximum of 75
percent of the land area would be residential. The mixed use concept is intended to promote
land use patterns that allow for internal service, employment and intermodal transportation
opportunities with public open space linkages between various developments. The concept is
offered as a diversion from the typical segregation of land uses into specific zoning districts that
are often unrelated to each other such as is presently evident in the County. The Russell 150
rezoning application requests only a residential classification for this area designated for mixed
use. It should be recognized that this places a greater burden on the remainder of this area of the
SFLUP to provide the commercial component of the mixed use environment.
With the more urban densities envisioned for development in the UDA, the Comprehensive
Plan seeks to ensure that special effort is made to provide the infrastructure necessary to
accommodate the desired land uses and densities. Further, as land is developed in the Southern
Frederick Land Use Plan portion of the Urban Development Area, the Plan identifies the
preservation of the stream valleys as environmental open space is an important goal that
contributes to the protection of flood plains and water quality and provides a continuous system
of green open spac e. The Southern Frederick Plan identifies new road systems which have been
planned to mitigate impacts to the environmental features and historic areas. A public trail
system linking the various uses, historic areas, and open space areas is proposed and identified
in the plan. The plan also recommends limiting commercial entrances, utilizing master planned
boulevard entrances, and increased parking lot setbacks for corridor design and appearance
enhancements.
Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right-of-ways
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7-6).
Warrior Drive and the extension of Airport Road from its current terminus, over Interstate 81,
into the City of Winchester are road improvement needs that are identified in the Eastern Road
Plan that directly relate to the Russell 150 property. Both are important improvements for the
County and the City of Winchester collectively. WATS (Winchester Area Transportation Study)
further identifies these improvements and provides a U4R (Urban 4 -lane divided) designation
for the typical sections of these improvements. Warrior Drive in projects to the south of the
subject rezoning have provided for a four lane divided/raised median road section.
Accommodations for these new major collector roads should be incorporated into the project.
The future relocation of Route 522 from its current location to a more easterly position in the
vicinity of Ryco Lane is also a long range transportation consideration relating to the Russell
150 rezoning application.
Rezoning #01-05 — Russell 150, LC
March 2, 2005
Page 5
The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection
along Route 522 by identifying additional collector roads and locations for proposed traffic
signals. As noted previously, the new road systems depicted on the plan have been, and others
envisioned for this area should be, planned to mitigate impacts to environmental features and
historic areas.
3) Site Suitability/Environment
The Russell 150 property is bordered by Interstate 81 to the west and Route 522 to the east.
Bisecting the property is Buffalo Lick Run and its associated floodplains. Further bisecting the
southern portion of the property is an unnamed minor tributary of Buffalo Lick Run that is
identified on the Southern Frederick Land Use Plan.
Buffalo Lick Run and its associated floodplain and tributaries are features that warrant particular
attention. The location and outstanding quality of the features provide the applicant and the
County with an opportunity for enhanced riparian protection of this natural environmental
corridor. The Impact Statement addresses this feature by stating the main body of the Buffalo
Lick Run floodplain will be included in a public park. It also states the applicant's intent to
enhance the protection of the Buffalo Lick Run by expanding the riparian buffer thirty five feet
from the Channel Scar Line and by placing additional protection in the form of open space over
the slopes and wooded areas that surround this stream valley. Such an approach is desirable. It
should be noted that this description of intent regarding the environmental features in some
cases exceeds current ordinance requirements and could be proffered to ensure that the intent
stated in the application is fulfilled through the development process. In several locations within
the Impact Statement the application indicates its intent to proffer specific elements. However,
as submitted the Proffer Statement does not include such commitments.
The designation of the main body of Buffalo Lick Run and its associated floodplain as a park
may be desirable as it provides protection to this resource and may also provide a focal point to
the community with good accessibility for recreational purposes. The opportunity exists for the
applicant to create a linear trail, park, and open space system consistent with their Impact
Statement and the goals of the Southern Frederick Land Use Plan. It would appear as though the
Russell 150 project would be of sufficient size and sophistication to create and administer its
own entity to manage the environmental open space as an asset to the project.
4) potential Impacts
Potential Impact Sum_mar<.
In evaluating the Russell 150 rezoning application it is very important to recognize that the
applicant has not proffered a commitment to the number of residential units. Further, no mix of
the B2 (Business General uses) nor any limitations on the square footage of the business uses
has been proffered. Lacking such a commitment, this application should be evaluated carefully.
Rezoning #01-05 — Russell 150, LC
March 2, 2005
Page 6
Consideration must be given to the maximum possible residential densities and business
intensities identified in the County's rezoning application package. Much of the analysis in the
Impact Statement is based upon a proposed total of 294 single family attached residential units,
264,000 square feet of office use, and 440,450 square feet of retail use. The maximum density
allowed by ordinance would permit a total of 297 residential units at a density of 5.5 units per
acre. The Traffic Impact Analysis (TIA) is entirely based upon this intensity. However, no
guarantee in the form of a proffered condition has been offered to ensure that the impacts
generated by this application are limited and consistent with the discussion in the Impact
Statement and are mitigated by the other proffered conditions. The applicant has the ability to
address this through the Proffer Statement. When considering the acreage proposed for
commercial uses the B2 (Business General) district it is possible that 2,056,637 square feet of
retail use could result; far exceeding the projections identified and accommodated in the TIA.
A. Transportation
Traffic Impact Anal
The Traffic Impact Analysis (TIA) prepared for this application projects that the development of
294 single family attached residential units, 264,000 square feet of office use, and 440,450
square feet of retail use would generate 23,177 vehicle trips per day. The report was developed
with primary access to the project to be via the proposed western extension of Airport Road
which would extend into the City of Winchester via East Tevis Street extended. A secondary
access point was modeled from the project onto Route 522. However, the applicant has
proffered this second point of access as a potential temporary connection with an interparcel
connection to the adjoining property to the south being preferred and ultimate solution. The
continuation of East Tevis Street from the property to Route 522 was not modeled in the TIA.
The TIA concludes that the traffic impacts associated with the Russell 150 application are
acceptable and manageable. It should be recognized that with the exception of the Route
522/50/17 intersection with the Interstate 81 ramp, a level of service "C" is achieved. The above
noted intersection i s currently operating at a level of service C(F). When the 2010 background is
added this intersection is projected to operate at a level of service D(F). The inclusion of the
2010 build -out information results in a level of service D(F). *(*) represents AM(PM) LOS.
The permitted intensity of commercial development would have a greater impact than that
which has been modeled.
Transportation approach.
The Russell 150 rezoning application proposes a unique and innovative approach to the
transportation improvements needed to facilitate this project and address the broader needs of
the community. The application proposes the participation in a Community Development
Authority (CDA) designed to finance the construction of several transportation improvements
which include the Interstate o1/Last Tevis Street flyover bridge and the thoroughfares of
Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project.
Rezoning #01-05 — Russell 150, LC
March 2, 2005
Page 7
The stated intent of the CDA is to provide funding for the simultaneous development of all
public roads in a single project concurrent with the first phase of private improvements. The
CDA is a funding mechanism that will proceed independent of the Russell 150 rezoning
application. The Board of Supervisors is the body that will ultimately endorse the creation of a
CDA for this project. The applicant has proffered to fully participate in the CDA as part of the
Russell 150 rezoning application. Regardless of this participation in the CDA, the applicant
should, and has attempted to, address the transportation needs associated with the rezoning
request in the rezoning application and Proffer Statement.
The Proffer Statement proffers to develop the ultimate section of Warrior Drive, Airport Road,
and East Tevis Street within the property. The ultimate section of each of these thoroughfares is
described in the impact statement and is farther described in the Comprehensive Use Plan and
the Winchester Area Transportation Study. The term develop as used in the application and
Proffer Statement is understood to include the design and construction of any identified
improvement to its ultimate section as identified in County and State planning documents.
Included with this commitment to develop the ultimate section of Warrior Drive, Airport Road,
and East Tevis Street within the property is the proffered dedication of a minimum of 120 feet
in width of right-of-way for Warrior Drive and East Tevis Street. As noted previously, the
ultimate section of Warrior Drive is interpreted and expected to be a four lane roadway divided
with a raised median, consistent with Warrior Drive as it is designed in the Wakeland Manor
and Crosspointe projects. Right-of-way dedication is proffered to facilitate the extension and
development of Airport Road. However, no width has been determined.
It is noted that the applicant does not proffer to develop the East Tevis Street flyover bridge, but
rather proffers to fully participate in the CDA established for the purposes of funding the
construction of this and other improvements. Development of the bridge is only guaranteed with
the establishment and financing of the CDA. This distinction should be noted. However, the
stated intent of the application is to ensure that all public improvements are funded by the CDA
and completed concurrent with the first phase of this project. Non participation in the CDA
would most likely result in no development activity occurring on this property. It may be
appropriate to consider a mechanism that would ensure the development of the property and all
associated improvements, including the Tevis Street flyover, if the CDA was not created by the
Board of Supervisors. Alternately, the Russell 150 rezoning application, through the proffer
statement, could offer a commitment that in the event the CDA is not created by the Board of
Supervisors, development pursuant to the rezoning application would not proceed until such
time an appropriate solution to providing the entire transportation package has been provided.
The applicant also addresses the portion of East Tevis Street from the property to Route 522 in
the application. This critical link is identified on the Generalized Development Plan as to be
completed by others and is not accomplished with this rezoning application. It may be desirable
to ensure that this critical connection is guaranteed as part of the project or associated CDA.
This would ensure that a complete transportation solution that fully addresses the needs of the
project, community, and further assists with the future constructability of improvements to
Interstate 81 and its interchange with Route 522/50/17 is achieved. The application proffers that
Rezoning #01-05 — Russell 150, LC
March 2, 2005
Page 8
the applicant will provide the engineering services to design this off-site portion of East Tevis
Street. It is assumed that this will be at no cost to the County or State.
Bicycle accommodations have been addressed with this application and have been proffered by
the applicant. A network of bicycle routes will be provided that parallel the maj or thoroughfares
of Warrior Drive, Airport Road extended, and East Tevis Street within the subject property.
This bicycle route proffer is consistent with locations identified in the Frederick County Bicycle
Plan and provides additional opportunities for connectivity.
The Impact Statement recognizes that this project provides a singular opportunity to create
community character in conjunction with the three new major thoroughfares intersecting on this
site. However, it is noted that the Proffer Statement does not include any language or
commitment to enhance the landscaping, signage, and other corridor appearance goals as
described in the Impact Statement. The opportunity presents itself for the application to commit
to providing such corridor design standards along three major thoroughfares and advancing a
key initiative of past and potentially future County planning efforts. It would be desirable for
this application to promote this unique opportunity as an example for the community to follow.
Recognition should also be given to the Route 522 and Interstate 81 corridors and the
opportunity that presents itself with this application to ensure that the visual impact of this
project, an extremely visible project in a prominent area of Frederick County, is of an elevated
and appropriate standard. Special attention could be provided to landscaping, screening of
loading and storage areas, and other site design elements that would promote a quality
appearance consistent with the scale of the Route 522 and Interstate 81 corridors.
B. Sewer and Water
The Russell 150 rezoning proposal is estimated to require approximately 167,000 gallons per
day of water usage and approximately 114,150 gallons per day of wastewater. The Frederick
County Sanitation Authority will serve the property and the wastewater flow from the site will
go to the Opequon Wastewater Treatment Plant.
The permitted intensity of commercial development would have a greater impact than that
which has been modeled and reviewed by the Frederick County Sanitation Authority and
Frederick Winchester Service Authority.
C. Historic resources
The Rural Landmarks Survey of Frederick County identifies the Russell Farm and surrounding
Farmland as a potentially significant property. This designation in the survey warranted the
review of the Russell 150 rezoning application by the Frederick County Historic Resources
Advisory Board (DRAB). The Impact Statement recognizes the historic Russell Farm and its
designation. Howe -ver, in no way does the application address an approach to this cultural and
Rezoning #01-05 — Russell 150, LC
March 2, 2005
Page 9
historic resource. The Proffer Statement provides no consideration for this element or the
recommendations of the HRAB provided on February 15, 2005.
The historic Russell place provides an excellent opportunity to elevate the project by building
upon the character and the context of the farm and its surroundings in the design of the project
in some way. Consideration could be given to the adaptive reuse of the facilities, in the tradition
of the Creekside concept, to provide for an attractive gateway to the project and potentially also
as an access to the use of the designated park and open space of Buffalo Lick Run identified in
the Impact Statement.
D. Community Facilities
The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs
associated with various types of development proposals presented to the County. The projected
costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriffs Office and for
the Administration Building are calculated and provided to the applicant for their consideration.
The permitted intensity of commercial development would have a greater impact on community
facilities than that which has been modeled. The applicant's Impact Models evaluation of the
impact on Solid Waste Disposal facilities should be considered.
The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build
out of the project. However, in recognition of the impacts that may be realized by the
community on the School System should there be a delay in commercial component of the
rezoning application being realized, the applicant has proffered a contribution in the amount of
$3,000 per residential unit for the public school system. The applicant has also proffered a
contribution in the amount of $10,000 to Fire and Rescue Services to assist in the mitigation of
the initial impacts to this community service.
Initial review agency comments identified that consideration should be given to the phasing of
the different land uses. As noted, the introduction of the residential components would result in
an immediate negative fiscal impact to the County. A phased approach to the inclusion of
commercial uses along with the residential uses would be desirable. This would assist in the
mitigation of the impact of the residential units should they develop at the onset of the project.
Obviously, the more commercial land that is developed prior to the introduction of the
residential components, the more the fiscal impacts of the residential units will be mitigated.
The phasing approach, which has not been proffered, could ensure that at no point in the
development of this project is there a negative fiscal impact of the residential elements on the
County.
The comment provided by the Winchester Regional Airport should be addressed in the
application. More specifically, the applicant has the ability to proffer to provide enhanced
notification to future property owners of the residential uses regarding aircraft noise associated
with airport operations.
Rezoning #01-05 — Russell 150, LC
March 2, 2005
Page 10
5) Proffer Statement - Dated December 20, 2004 (Revised February 17, 2005)
A) General Development Plan.
The applicant has provided a Generalized Development Plan for the 150 acre Russell property
which is limited to the delineation of the major thoroughfares that will traverse the Russell
property and the identification of the residential and commercial land areas. The Generalized
Development Plan identifies the 96.28 acre B2 Business General land bay and the 54 acre RP
Residential Performance land bay.
B) Residential Uses.
The applicant has not provided a maximum number of units or defined mix of housing types
with this rezoning application. However, the Proffer Statement commits to a prohibition on the
following housing types; Single Family Detached Rural Traditional, Single Family Detached
Traditional, and Garden Apartment Multifamily. Therefore, single family residences on lots
smaller than 15,000 square feet and Townhouses would be permitted. A phased introduction of
the residential units is proposed which limits the number of units to seventy five each calendar
year following the approval of a Master Development Plan for the project. The applicant has
included in the Proffer Statement an architectural commitment that seeks to provide a higher
quality aesthetic treatment to the residential units. To that end, the proffer stipulates that primary
structures in the residential land bay shall be constructed with masonry wall treatments over a
minimum of eighty percent of the exterior wall surface, exclusive of glazing and roofing.
C) Transportation.
In recognition of the significant transportation commitments associated with this rezoning
application the majority of the commitments in the Proffer Statement address transportation
improvements, many of which have been mentioned previously in this report. In summary, the
Proffer Statement commits the applicant to the following:
i) to participating in a Community Development Authority to finance
specified public infrastructure including the East Tevis Street / Interstate
81 flyover,
ii) to developing the ultimate section of Warrior Drive and East Tevis
Street within the property and dedicating a 120 right-of-way for said
purpose (ultimate section is interpreted to be a 4 lane raised median
divided roadway),
iii) to developing the ultimate section of Airport Road extended within an
undetermined right-of-way,
IV) to provide the engineering services to design the off-site portion of East
Tevis Street from the property to Route 522,
V) to provide miter- arcel con iectivity to the adjacent iokorskY property
and limit additional intersections on Route 522,
vi) to develop a network of bicycle routes within the property.
Rezoning #01-05 — Russell 150, LC
March 2, 2005
Page 11
D) Monetary Contribution.
The applicant has proffered a monetary contribution in the amount of $3,000 per residential unit
for the public school system and a lump sum contribution in the amount of $10,000 for Fire and
Rescue Services. Both of the above contributions are triggered by the issuance of building
permits for construction on the subject property.
STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING:
The Russell 150 rezoning application is generally consistent with the goals of the Frederick County
Comprehensive Plan as described in the staff report. Elements of the rezoning application have been
identified that should be carefully evaluated to ensure that they fully address specific components ofthe
Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning
Commission should ensure that the impacts associated with this rezoning request have been fully
addressed by the applicant. Particular attention should be paid to the impacts associated with the full by -
right build out of the commercial component of this rezoning request and the ultimate road designs.
Confirmation of the issues identified in the staff report, and any issues raised by the Planning
Commission, should be addressed prior to the decision of the Planning Commission.
Following the required Puhlic headnz a decision reaardinz this rezoning
application by the Board of Supervisors would be appropriate The applicant
should be prepared to adequately address all concerns raised by the Board of
Supervisors.
I OUTPUT MODULE
J
APPLICANT: Russell 150 RdFiscal ImpactI
LAND USE TYPE 8202P Costs or mow Credit Credts io ba T Oen for Future Texea Paid WPVI TOWPotsn08J
Adualmeri For
Net cap" Helcost Per
N
Ln
REAL EST VAL 575,677,879 Required (andered in Cur. audeat Cur Budgel Cap. Future CIPI Tax Credits
S. Twwa. OU�ar IUnadustedL
Ravemm.
Cost Balance FwAiss Impact U+v�Ulnp Unit I
m
FIRE & RESCUE e 6 CeeEmit; ilel Facillflas aid sum only) Otxer Cao Em ExpendMebt
{
m
{ Fke�dRasxlaOepaAmenl 5485,629 SO
s0 $465.629 $1,852 I
_ —
a
Elearenfaryschools $1,001,999
{ MweSchoolo $835,596 $159,113 $772,393 8951,5065131,50a
51,409,491 54.794
tfph woofs $703,402rn
Pe"and creation $ $80.873$K873
$80.873 5277,97a $946 i
$44.936 $153 I
PL�562,988 517.448 $17.448
571,853 S0 57,541 579,194
$17,448
$79,194 SO s0 1
ShefirsOfim$36,823
AdmiMetrationBundng $47.384 S0 $0
SO $47384 $161 I
$0
o
tA.
{ O9raridscellanaauaFecdtiUec $80,451 $153.894 5169,909 5323,803
5323,a33
i
cm
I
� SUBTOTAL $3.392.820 $384.660 $942.302 $105,882 $1,432.624
51.432824 51,959,797 56,86
01
{ LESS NET FISCAL IMPACT $23.064.847 $23054.547
$73.084,847 06
0 t
w
W
{ NET CAP. FACILITES 21PACT
I
t
1
W
I
� INDFX "1.0" IL Cap. Equip Included 1.0
INDEX: "1,0" Y R"oA 8410.0" IT Rego to Co Avg., 0.0 Rev -Cost Oaf
t
1.000 `
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg
— 1.342
{ METHODOLOGY: 1. Capital facilities ragulrememts are input is are fist column ea calculated in fire mufti.
{ 2. Net Fiscal impact NPV tam opsra0om ealcWaeomsta input in row foal of eepond column
I
{ (ze(o if negative); Included are Bre ane -lime taxestlees rot one year only at fuu vdua
)
3. NPV of Acture opercap equip taxes paid in thud column as calculated in fiscal impacts.
I
{ 4. NPV of future capital expendlure tortes paid in fourth cd as calculated In, fiscal impacts.
I
5. NPV of Adore lanes peld to bring ounen l county up to standard for new faceless, as
I
calculated far each mss fw9ty.
{
{ 6. Columns three onugh live are added as potential credits sualrid Ute calculated capital
{ WKies requirements. These are adjusted for percent of oasts covered by the revenues
{ from ft project (actual, or as into to avg. kr all residential development).
t
{ NOTE. Protist calculailons do not Ndude IneWde Interest because they are cash payments up konl. Credits do Includs Interest Ore projects are debt financed
-- – — --
{ NOTES: Model Run Date 10126N4 MTR
H
l PlcJed Descdpdors Assumes a maximum number of 294 Townhouses and 264,000 equals feet of Office and 440.450 square feet of Reta9.
{ Tofat Acreage 180.26 acres (9628 aloes 02 /54 acres RP resulting Ina iwWwWat dwally al 5.4 units per acral.
{
t
I
1
( Dae b changing coni Eons associated volar development In Bur County, the results of this
t
I
I
t
( Output Nodule may not be vatd beyond a period of 90 days from irxe model n» dela.
i
i
1
t
1
)
N
to
COUNTY of FREDERICK
November 9, 2004
Mr. Andy Conlon
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Russell 150 Rezoning
Frederick County, Virginia
Dear Mr. Conlon.-
We
onlon:
Department of Public Works
540/665-5643
FAY: 540/678-0682
We have completed our review of the proposed Russell property rezoning and offer the
following comments:
1) Refer to access under site suitability: The impact statement indicates that the
residential land bay will have a single connection to Front Royal Pike and a single
entrance on Warrior Drive. These connections should be reflected on the
generalized development plan included as sheet 1 of 3.
2) Under the discussion of solid waste disposal, the final comparison should be
presented as cubic yards to cubic yards or tons to tons rather than cubic yards
compared to tons which is similar to apples to oranges. Also, the collection of
solid waste should be addressed for the residential portion of the project.
3) The discussion of the impact model indicates that the total development will result
in a positive fiscal impact. However, this conclusion is based on the total
projected build -out. Unfortunately, there is nothing in the impact analysis or
proffer statement which assures Frederick County that the project will be phased in
such a manner to insure a positive fiscal impact. In fact, we anticipate that the
residential portion of the project will be developed in total long before the first
commercial property is developed. This type of phasing would have a negative
impact on the services provided by Frederick County. Therefore, we recommend
that a phasing plan be included in the impact analysis to insure that the residential
development will coincide with the commercial development in a manner that will
be beneficial to all parties concerned. The residential use restrictions included in
the Russell 150 proffers should be amended to include a phased development.
NOV 1 0 2004
Russell 150 Rezoning Comments
Page 2
November 9, 2004
I can be contacted at 665-5643 if you have any questions regarding these comments.
Sincerely,
4
I\.
Harvey . Strawsnyder, Jr., P.E.
Director of Public Works
HES/rls
cc: Planning and Development
file
A ARusseU 150 p ro p rezcom.wpd
Admirdstmkive A Wetant to
the Superintendwe
Mr. Evan Wyatt, AICD
Greenway Engineering
151 Windy bill Lane
Winchester, VA 22602
Dear Mr. Wyatt:
Frederick County Public Schools
Visit us at www.frederickki2va us
December 3, 2004
RE: Mussell 150 Rezoning (Greenway File #3701)
e-mail:
laapackaftederickAdZv .us
This letter is in response to your request for comments concerning the rezoning application for
the proposed Russell 150 Rezoning project. Based on the information provided, it is anticipated that the
proposed 294 town houses will yield 32 high school students, 35 middle school students, and 91
elementary school students for a total of 158 new students upon build -out.
Significant residential growth in Frederick County has resulted in the schools serving this area
having student enrollments nearing or exceeding the practical capacity for a school. The cumulative
impact of this project and others of similar nature, coupled with the number of approved, undeveloped
residential lots in the area, will necessitate the future construction of new school facilities to
accommodate increased student enrollments.
The impact of this rezoning on current and future school needs should be considered during the
approval process.
Respectfully yours,
Stephen Kapocsi
Administrative Assistant to the Superintendent
SNWdkr
cc: William C. Dean, Ph -D., Superintendent of Schools
540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890
Z0 39Cd SCIDA 06BEZ990091 9E:60 b00Z/801ZT
Winchester Airport 6406622936 12/08/04 03:S3pm P. 002
December 8, 2044
WINCHESTER REGIONAL AIRPORT
Andy Conlon
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
Re: Rezoning — Russell 150
Shawnee Magisterial District
Dear Mr. Conlon:
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-2422
The Winchester Regional Airport Authority would like to express our concerns regarding the mixed
rezoning proposal.
The 62 rezoning is compatible with airport operations and is in conformance with the Frederick County
Comprehensive Policy Plan. Our concerns are with the AP rezoning request of this parcel.
Residential development adjacent to or under a flight path used regularly by aircraft as they arrive or
depart the airport is subject to aircraft noise. Due to the proximity of this proposed subdivision to the flight
pattern at Winchester Regional Airport, the developer should be encouraged to advise future property
owners of this potential through a disclosure statement and possibly through a covenant in their property
deed or statement in their lease agreement.
Property owners are likely to experience aircraft noise and fly -over from aircraft entering into or departing
the flight pattern and as the airport continues to expand services and operation, noise associated with
such expansion is likely to increase_
Winchester Regional Airport is a vital link in the National Air Transportation System used by private
citizens, commercial air carriers, business and industry throughout the region to transport people and
goods around the world_ Even thought potential buyers may be aware of the airport's existence they
should be forewarned about aircraft noise and fly -over nuisance by our presence possibly through
covenants in their property deeds.
The Winchester Regional Airport has a direct and significant economic impact on our community and is
continually working towards expanding it operations. To be successful in our ventures, we need citizen
support, which is the reason for our concern regarding potential complaints about aircraft noise.
Thank you for giving this your consideration and should you have questions, please contact me.
Sincerely,
� "_W4
S_ R. Manuel
Executive Director
C-_,
-It-
C31%
a
0
February 17, 2005
bfr. Evan `ldyaff, AJC?
GTeciaway, Engineering
151 Windy Hill Lane
I4rinchester, VA 22602
M
Of FR.FDERICK
Hax: 540/"5-6395
Russell 150 Rezoning Proposal
Location: Flronfs on the gest side of Front Royal Pike
Road (Route 645). (Route 522), opposite Airport
Property Identification Nuluber (YIN): 64-A-12, Zoning District: RA (Rurml Areas)
Dear Mr. Wyatt:
The Frederick County Hlgoric Resowces Adviso
re,MningProposal during their meeti of Feb 1 Board �B) considered the above referenced
Survey
R _005_ The HRAB reviewed hd6miation associated
with the F�derick County Rural Landmarks St!n�r Report, the Virgjnza Department of Historic ReSouroes
as Well as information provided by the applicant
HistorZc Resources Adt�so Board Concerns
T-jf-,Rail-a7ndmarks Survey R ep2ri for Frederick County identifies a collection of s(rur kIres knov n as the
"Russell Plaoe" on the propetty. The Russell Place is identified by (he sur -re as being potentially
sivtiftcant. 1t is the intent of the applicant to rezone this property to (heB2 (Business General) and RP
(Residential Performance) Zoning Districts.
The HR -'.B e)ipressed grea(concern that the strucwxM or, the propmty rni* be removed as the applicant
""'as umillittg to commit to anypresemiffon efforts. 7nformationfmm the Virginia l�paztrnentofHistoric
c�� Re�urces (VDIiR) Me states that this is a "turn of the cenja" farm complex, remarkably intact in the
midst of increasing area development'- and that it is the last intaetfnrrn close fo i,Vinchesfer. The VD
_ . also stated that this property should be invesfiQ
cv gated for possible rep potential.
UR
The HRAB suggests the following be considered to impacts on (he historicresources:
a
a
C-., First and forer:tost, the ownerideveloper must have serious 9ensctivity for the site and an
understanding Of the bistor c aspect of (lie property.
r`
=0' No,th Beni Street, Suite 202 . WincheSter, Virgirda 22601-5000
Mr. Evan wyact, AICP
Re: Russell 150 Rezoning Proposal
d February 17, 2403
c7N Page 2
0
• The farm comp1mc is an anomaly left in this area of the county, it sbould be savod and
4=rporaled into tete commercial develop" as a `5emindei of what Frederick County had"
or "cut our around (his development and leave it residential.
• The farm complmc could be an iategm]. part of the entrance of the development. The
enginear/owner should use a creative design to makethe buildings fit in with devetopmenc,
utilize similar design conceptsin fhe am- cornmercial areas thartreflectwhat ispresenf in the
fauna complex.
• A Phase I study of'the pcoperty (o determine if the pmperty is eligible (through the VDHR)
for the state registry needs to be done by the property owners.
• if the site is to be demolished, theetrtire site mustbe thoroughly documented (comprehensive
study). A new mmeyusing lrDHR standards along with photographs needs to be completed.
Please contact me with any questions concerning these comments from the HRAB.
sineelay,
Candice E. Perkins
Planner lI
CEP/bad
cez Rhoda Kriz, Harold Lehrman, ARAB Members
Gene Fisher, Shmnee.Distcict Supervisor
Michael T. Ruddy, Deputy Director
Q
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m
City of Wi tinter
/ - 84 A 4H
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63 A 123A
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WINCHESTER REGIONAL
64 A 79
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Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004
Revised February 17, 2005
PROPOSED PROFFER STATEMENT
REZONING: RZ#
Rural Areas (RA)
to Business General (B2) and Residential Performance (RP)
PROPERTY: 150.28 -acres +/-;
Tax Parcels #64-((A))-10 & 64-((A))-12
RECORD OWNER: Russell 150, LC
APPLICANT: Russell 150, LC (here -in after "the applicant")
PROJECT NAME: Russell 150
ORIGINAL DATE
OF PROFFERS:
REVISION DATE
Preliminary Matters
October 22, 2004
February 17, 2005
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #
for the rezoning of 150.28 -acres from the Rural Areas (RA) District to 96.28 -acres of
Business General (132) District and 54.0 -acres Residential Performance (RP) District,
development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with the said Code and Zoning Ordinance.
In the event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon these
applicants and their legal successors, heirs, or assigns.
The subject property, identified as Russell 150, and more particularly described as the
lands owned by Russell 150, LC, being all of Tax Map Parcels 64-((A))-10 and 64-((A))-
12 and further as shown on a plat entitled Survey of the Remaining Lands of June H.
Russell, by Ebert and Associates dated February 13, 1998.
File #3701/EAW/ajc
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004
Revised February l7, 2005
I. Generalized Development Plan
The applicant hereby proffers to develop the 150.28 -acre property in substantial
conformance with a Generalized Development Plan approved as part of the rezoning
application. The Generalized Development Plan is intended to delineate the systems of
major thoroughfares that will traverse the subject property and provide access to the land
bays. The Generalized Development Plan identifies the 96.28 -acres Business General
(B2) District land bay and the 54.0 -acres Residential Performance (RP) District land bay.
Il. Transportation
A. Community Development Authority (Agreement to Participate)
The applicant hereby proffers to participate fully in the Russell 150 Community
Development Authority (CDA) special taxing district for the purpose of financing the
construction of specified public infrastructure, briefly described as (1) the Interstate-
81/East Tevis Street flyover bridge, (2) the thoroughfares of Warrior Drive, Airport
Road extended, and East Tevis Street within the project, and (3) certain water and sewer
capital facilities associated with these thoroughfares. The utilization of the CDA
provides funding for the simultaneous development of all covered public infrastructure,
thus enabling the construction of all of these facilities in a single unified project
concurrent with the first phase of private improvements.
B. Warrior Drive
The applicant hereby proffers to develop the ultimate section of the planned thoroughfare
identified as Warrior Drive within Frederick County and Virginia Department of
Transportation planning documents. To wit, the applicants shall dedicate right-of-way of
a minimum 120 feet in width, and extending from the intersection with East Tevis Street
to the southern boundary of the subject property, in an alignment depicted in the
Generalized Development Plan. The intersection of Warrior Drive and East Tevis Street
shall be configured so as to maintain East Tevis Street as the through movement. The
intersection with Airport Road extended shall be in the form of a roundabout.
Accommodations for a bicycle route shall be included in the construction of this
roadway.
File #3701/EAW/ajc 2
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004
Revised February 17, 2005
C. Airport Road Extended
The applicant hereby proffers to develop the ultimate section of the planned thoroughfare
identified as Airport Road extended within Frederick County and Virginia Department of
Transportation planning documents. To wit, the applicant shall dedicate right-of-way as
required by VDOT, extending from the eastern boundary of the subject property to the
intersection with Warrior Drive, in an alignment depicted in the Generalized
Development Plan. The applicant shall install full intersection improvements on Front
Royal Pike (Route 522) at the entrance to Russell 150 as warranted by VDOT. The
intersection with Warrior Drive shall be in the form of a roundabout.
D. East Tevis Street Flyover
The Frederick County Board of Supervisors has approved a Community Development
Authority special taxing district established for the purpose of funding construction of
regional infrastructure improvements in the vicinity of the subject property. This special
taxing district will fund the construction of the Interstate -81 flyover for the planned
thoroughfare identified as East Tevis Street (formerly known as Pleasant Valley Road
connector within Frederick County, City of Winchester, and Virginia Department of
Transportation planning documents). The applicant hereby proffers to fully participate in
this special taxing district. Although the special taxing district is seen as the principle
means to fund construction of the Interstate-81/East Tevis Street flyover, it is noted the
special taxing district will also contribute to the funding of other infrastructure
improvements both within and off-site of the subject property.
E. East Tevis Street within Property
The applicant hereby proffers to develop the ultimate section of the planned thoroughfare
identified as East Tevis Street (formerly known as Pleasant Valley Road connector within
Frederick County and Virginia Department of Transportation planning documents). To
wit, the applicants shall dedicate right-of-way of a minimum 120 feet in width, and
extending from the western boundary of the subject property to the northern boundary of
the subject property, in an alignment depicted in the Generalized Development Plan.
F. East Tevis Street from Property to Route 522
The applicant hereby proffers to provide the engineering services to design the off-site
portion of the planned thoroughfare identified as East Tevis Street (formerly known as
Pleasant Valley Road connector within Frederick County and Virginia Department of
Transportation planning documents) from the northern boundary of the subject property
to the current alignment of Front Royal Pike (Route 522).
File 93701/EAW/aje 3 ,
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004
Revised February 17, 2005
G. Inter -parcel Connection
The applicant hereby proffers to provide an inter -parcel public street connection between
the residential portion of the subject property and the parcel to the south, identified as
Tax Map 64-((A))-18, now or formerly in the name of Kokorsky. If, at the time of
development of the final residential phase, this inter -parcel connection cannot be
continued southward to intersect with another public street, and an alternative connection
is required by Frederick County or VDOT, a temporary ingress/egress point will be
created at Front Royal Pike (Route 522). If such temporary ingress/egress must be
established, it is to be closed once the inter -parcel connection can be utilized.
H. Bicycle Route
The applicant hereby proffers to develop a network of bicycle routes that will parallel the
major thoroughfares of Warrior Drive, Airport Road Extended, and East Tevis Street
within the subject property. This proffer will provide the applicable portion of the
planned bicycle route identified within Frederick County Comprehensive Policy Plan, as
well as connect this system with the City of Winchester. To wit, the applicants shall
establish either bicycle lanes adjoining the motor vehicle travel lanes or separate
easements with asphalt trails outside the pavement section, either inside or outside the
VDOT right-of-way. The applicants shall locate these facilities pursuant the direction of
Frederick County and VDOT, and provide bicycle route easements of up to twenty feet in
width and asphalt lanes/trails up to ten feet in width. The applicants shall install
appropriate barriers and signage at all public road and public sidewalk interfaces.
III. Residential
A. Residential Use Restriction
The applicant hereby proffers to develop the 54 -acres Residential Performance (RP)
District land bay utilizing one or more permitted forms of residential development,
however the applicant hereby proffers to prohibit use of the following forms of
subdivision or housing:
1. Single-family detached rural traditional subdivision option
2. Single-family detached traditional subdivision option
3. Garden apartment multi -family housing option
File #3701 /EAW/ajc 4
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004
Revised February 17, 2005
B. Phasing
The applicant hereby proffers that residential development shall be phased such that
building permits shall not be issued for more than seventy-five (75) dwelling units per
calendar year. For the purposes of this provision, the first calendar year shall be
considered the first full calendar year following approval of the Master Development
Plan. All units not developed within the specified calendar year shall be carried forward
to the ensuing calendar years.
C. Architectural Treatment
The applicant hereby proffers that primary structures within the Residential Performance
(RP) District land bay shall be constructed with masonry wall treatments (i.e. brick,
architectural block, natural or cultured stone, or equivalent) over a minimum of eighty
percent (80%) of the exterior wall surface, exclusive of glazing and roofing.
IV. Monetary Contributions to Offset Impact of Development
The undersigned owners of the above-described property hereby voluntarily proffer that
in the event rezoning application # is approved, the undersigned will pay to the
Treasurer of Frederick County, Virginia contributions as follows. It is noted that the
Fiscal Impact Model Output Module prepared by the Frederick County Planning
Department on October 26, 2004 indicates the combined residential and commercial uses
proffered through this rezoning will yield a substantial net fiscal impact gain to Frederick
County. This monetary contribution exceeds that indicated by the results of the Fiscal
Impact Model Output Module.
A. Public School System
The applicant hereby proffers to contribute $3,000 (three thousand dollars) per
residential unit for the public school system. This contribution shall be paid
concurrent with the issuance of each building permit for the construction of
residential units on the subject property.
B. Fire and Rescue Services
The applicant hereby proffers to contribute $10,000 (ten thousand dollars) for fire and
rescue services. This contribution shall be paid concurrent with issuance of the first
building permit for construction on the subject property.
File #3701/EAW/aje 5
Greenway Engineering October 22, 2004 Russell 150 Rezoning
Revised October 27, 2004
Revised February 17, 2005
V. Signature_
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner.
In the event the Frederick County Board of Supervisors grants this rezoning and
accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By. UT�U1 6 tiS
Denver E. uinnell nager Dat
Russell 150, LC
Commonwealth of Virginia,
City/County of � c 1 C IL _ To Wit:
The foregoing instrument was acknowledged before me this 'day of FC
20(f) by
jauirc
Notary Public
f
S1-7
My Commission Expires
File #3701/EAW/aje 6
IMPACT STATEMENT
RUSSELL 150
REZONING
Shawnee Magisterial District
Frederick County, Virginia
TM 64-((A))-10 & 64-((A))-12
150.28 -Acres
November 3, 2004
revised January 24, 2005
Current Owners: Russell 150, LC
Applicant: Russell 150, LC
Contact Person: Mark Smith, PE LS
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
File #3701/EAW/aje
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
RUSSELL 150 REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of a 150.28 -acre subject property identified as Russell 150 and owned
by Russell 150, LC. The subject property consists of two parcels, those being: TM 64-((A))-
10; 29.97 acres, and 64-((A))-12; 120.31 acre. The subject site is located on the west side of
Front Royal Pike (Route 522), opposite Airport Road (Route 645). The property is traversed
by the future alignments and intersections of three major thoroughfares. The current zoning
is Rural Areas (RA) District. The applicant, Russell 150, LC proposes to rezone the parcel
from Rural Areas (RA) to Business General (B2) District and Residential Performance (RP)
District. (Reference Attachment 1. Location and Existing Zoning Exhibit for Russell 150)
Basic information
Location:
Fronting on the west side of Front Royal Pike (Route
522), opposite Airport Road (Route 645)
Magisterial District:
Shawnee
Property ID Numbers:
64-((A))-10 and 64-((A))-12
Current Zoning:
Rural Areas (RA) District
Current Use:
Agricultural, Unimproved
Proposed Use:
Commercial, Office and Retail
Residential, Attached single-family
Proposed Zoning:
'Business General (B2) District and
Residential Performance (RP) District
Total rezoning area: 150.28 acres
Proposed build -out 440,450 square feet commercial retail
264,000 square feet office
294 residential attached single-family units
File #3701/EAW/aje
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
COMPREHENSIVE PLAN
The subject property is located wholly within the Sewer and Water Service Area (SWSA)
and Urban Development Area (UDA). No expansion of the SWSA or UDA is required for
development of the subject property.
The property is also included in the study area boundary of the Route 50 East Corridor Land
Use Plan. The Comprehensive Policy Plan 1999, Route 50 East Corridor Land Use Plan
states on page 6-19:
An area of business/office use is also shown west of the intersection of Airport Road
and Route 522. This area would be expected to accommodate a future road
connection resulting from the extended of Airport Road, west into the City. Plans at
this time would be to connect with road segments which are, at this time, partially in
place south of Lowes, extending east from Pleasant Valley Road. This connection is
seen as an important link in the overall Winchester Area Transportation Plan.
The Comprehensive Policy Plan, Eastern Road Plan, page 7-15 and the Winchester Area
Transportation Study (WATS) depict "new major collectors" of Warrior Drive and Airport
Road extended crossing and intersecting on the subject property. In further refinements of
these plans, VDOT has stated a desire for East Tevis Street to be the through movement in
the Warrior Drive intersection, and Airport Road to connect Warrior Drive with a roundabout
intersection. The roadways proffered through the generalized development plan are in
conformance with these comprehensive planning documents.
The Frederick County Bicycle Plan is depicted on page 7-17 of the Comprehensive Policy
Plan. The bikeways, discussed further in the Transportation section of this report, and
proffered through the generalized development plan, is in substantial conformance with the
Comprehensive Policy Plan.
The subject property north of Buffalo Lick Run and west of Warrior Drive is to be developed
in business/office uses, in complete conformity with the Comprehensive Policy Plan, Route
50 East Corridor Land Use Plan. The Buffalo Lick Run stream valley forms a natural buffer
and dividing line between these business/office uses and residential uses to the south. The
Comprehensive Policy Plan 1999, Route 50 East Corridor Land Use Plan graphic on page 6-
21 shows exactly that, with a bubble labeled "proposed business/office" above a line
identified as "urban development area" and "corridor boundary", corresponding to that
labeled Buffalo Lick Run. The single land bay situated south of the Buffalo Lick Run stream
valley, between Front Royal Pike (Route 522) to the east and Warrior Drive to the west, is to
be developed in a residential use. This residential land bay comprises approximately twenty-
five percent of the. total project area. The proposed resldentlal use of thls land bay 1s 1n
substantial conformance with the Comprehensive Policy Plan, and is in keeping with
principles of good planning.
File #3701/EAW/ajc 3
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
1. Urban Development Area
Expansion of the Urban Development Area (UDA) beyond its existing boundary is not
required by this application.
2. Sewer and Water Service Area
Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not
required by this application.
A. SUITABILITY OF THE SITE
Access
The subject site, consisting of tax parcels 64-((A))-10 and 64-((A))-12, is located within a
manmade boundary created by Front Royal Pike (Route 522) on the eastern frontage of the
property and I-81 along the western side.
Access to the various land bays within the subject site will generally be from the planned
major thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street. The
subject property has approximately 220 feet of frontage on Front Royal Pike (Route 522).
Airport Road extended will create a four-way intersection with Front Royal Pike. The
residential land bay will have a single connection to Front Royal Pike, and a single entrance
on Warrior Drive. It is noted that no individual commercial lot access is proposed from
Front Royal Pike. Safe entrance separation distances from the roundabout and other major
thoroughfare intersections will be observed. A Generalized Development Plan (GDP) has
been submitted as a proffered exhibit. The GDP identifies the general road layout.
(Reference Attachment 4. Generalized Development Plan Exhibit for Russell 150)
The conjunction of three major new thoroughfares on this property provides opportunities for
this site to be a focal point for alternative modes of transportation. Interconnecting trip
loops, with destinations including but not limited to the Winchester Regional Airport,
Shenandoah University main campus, south Winchester existing and developing retail and
employment uses, the Virginia Employment Commission, and a variety of residential
communities could support alternative modes of transportation. These transportation modes
include shuttle bus mass transit, bicycle, and pedestrian. The City of Winchester transit
system and others involved in regional transportation programs may have an interest in bus
stop shelters within this project.
Flood Plains
The subject property can be found on FEI:'IA NFIP map #510063-0115-R. The bottomland
along Buffalo Lick Run and two small areas of branching unnamed tributaries is identified as
File #3701/EAW/ajc 4
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
being within the 100 -year floodplain (or "base flood") in designated "Zone A". The
remainder of the site is located outside the 100 -year floodplain in designated "Zone C".
The land within the 100 -year floodplain (FEMA designated "Zone A") is, and will remain,
concurrently designated Frederick County zoning overlay district FP (Floodplain) District
with the surrounding base zoning district. Any disturbance of this area will be in
conformance with Army Corps of Engineers and Department of Environmental Quality
permitting procedures.
A Road crossing of Buffalo Lick Run floodplain will be required for Warrior Drive. Except
for this Warrior Drive right-of-way, the floodplain will be designated and protected as
permanent open space. The main body of the Buffalo Lick Run floodplain will be included
in a public park. The park will not only maintain the functioning of the floodplain, but also
provide an opportunity to educate the public concerning the value of stream valley
ecosystems.
Wetlands
There are no wetlands designated on this site within the Frederick County GIS database.
However there is an area that may contain hydrotropic plant species. The property will
undergo a detailed wetland study and any wetlands identified will be addressed
appropriately. The applicant shall comply with any requirement for Virginia Department of
Environmental Quality permits.
Soil Types
The soil types contained in this tract have been obtained from the Frederick County GIS
database. (Reference Attachment 2. Existing Soils Exhibit for Russell Farm) The subject site
contains the following eight soil types:
1B
Berks channery silt loam
2-7%
slope
covers approximately 1%
of site
3B
Blairton silt loam
2-7%
slope
covers approximately 75'
of site
6C
Carbo-Oaklet silt loam, very rocky
2-157'
slope
covers approximately 16/'
of site
9B
Clearbrook channery silt loam
2-7%
slope
covers approximately 29% of site
9C
Clearbrook channery silt loam
7-15%
slope
covers approximately 50°
of site
14B
Frederick-Poplimento loams
2-70/'
slope
covers approximately 9%
of site
28
Lobdell silt loam
flood
plain
covers approximately 30/'
of site
32B
Oaklet Silt Loam
2-7% slope
covers approximately 1%
of site
41C
Weikert-Berks channery silt loam
7-15%
slope
covers approximately 3%
of site
41D
Weikert-Berks channery silt loam
15-25%
slope
covers approximately 22%
of site
41E
Weikert-Berks channery silt loam
25-65%
slope
covers approximately 19%
of site
Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the 3B
Biairton Silt loam and 28 Lobdell silt loam soils as prime farmland. The remaining soil types
on site are not identified within this table.
File #3701 /EAW/aj c 5
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
Other Environmental Features
Riparian buffers, measured thirty-five feet from the channel scar line, will be provided along
the length of Buffalo Lick Run. For the most part these riparian buffers are within the area
also designated floodplain.
Although the slopes on the property are not designated by the Frederick County Zoning
Ordinance as steep slope ("exceeds 50%"), the applicant recognizes there are slopes adjacent
to the stream valley that should be protected and so they are being included in common open
space. Likewise, wooded areas within the stream valley and associated slopes will be
protected in common open space.
The applicant is designing this project to do more than simply protect the environmental
features of the site. The design is intended to enhance the community's appreciation of this
stream valley ecosystems as surrounding properties urbanize. Should the Winchester -
Frederick County Park Authority wish to accept, the applicant would consider proffering the
dedication of approximately ten acres of common open space to create a Buffalo Lick Run
linear trail Park.
B. SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: RP (Residential Performance) District
B2 (Business General) District
South: RA (Rural Areas) District
East: RP (Residential Performance) District
West: City of Winchester
C. TRANSPORTATION
Use: Residential
Use: Commercial
Use: Agriculture
Use: Residential
Use: I-81/future Commercial
This application proposes the proffered rezoning for 440,450 square feet of commercial retail
uses, 264,000 square feet of office uses and 294 attached single-family residential units on a
150.28 site. Traffic will primarily access the site via the proffered future alignments and
intersections of Warrior Drive, Airport Road extended, and East Tevis Street. These planned
major thoroughfares will provide inter -connections to properties located to the north, east,
west, and south. The Interstate -81 Flyover for the East Tevis Street and related roadways are
being funded through a unique special taxing district. These roadways are addressed in the
Proffers and depicted in the Generalized Development Plan.
File #3701/EAW/aje 6
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
This property is the site of significant portions of the alignment and the intersections of three
major planned roadways. These roadways are Warrior Drive, Airport Road extended, and
East Tevis Street. In theory, the County could attempt to acquire the necessary rights-of-way
for the regional roadways outside of the property -owner initiated land development process.
Fortunately instead, there is a willing property owner who will dedicate the necessary right-
of-way as a function of a rezoning application. The proffer of these vital transportation links
is well timed for the prosperity of local businesses and the traveling public's convenience, in
both Frederick County and the City of Winchester.
The Winchester Area Transportation Study (WATS) indicates Warrior Drive, the Airport
Road extended, and the East Tevis Street should all be four -lane urban design facilities.
Portions of these roadways are to be median divided sections, although Warrior Road is to
transition to an undivided section at some point near the southern boundary of this property.
VDOT has stated the Warrior Drive and East Tevis Street rights -of -ways should be a
minimum 120 feet wide. VDOT also would like to have an innovative but land -consuming
roundabout at the intersection of Warrior Road and Airport Drive extended. The Warrior
Drive stream crossing and East Tevis Street overpass must have adequate width to
accommodate bicycle lanes.
The applicant is willing to reserve approximately 19.25 acres (approximately 500 linear feet
of predominately 120 foot wide right-of-way and a roundabout) of this property for collector
and arterial roads. The applicant's dedication of this substantial quantity of land represents a
contribution of significant economic value. The establishment of major roadways is one of
the more visible forms of public infrastructure that support development on a site such as
this. On one hand we acknowledge the presence of these roadways will enhance the value of
the subject property. On the other hand, it should be conceded that these roads are, in great
part, needed to accommodate existing and planned growth outside of this site.
In recognition of the singular opportunity to create community character provided by three
new major thoroughfares intersecting on this site, the applicant proffer covenants of key
public space design elements. The three major thoroughfares are all to be four -lane road
sections, with curb, gutter, and storm drains. Sidewalks, separated from the curb by a grass
utility strip, are to be provided on both sides of these streets. The roadways, including the
roundabout, are to be landscaped with appropriate street trees. Properties fronting on these
streets will be landscaped with corresponding trees. The private properties immediately
surrounding the roundabout will also be subject to special treatment intended to enhance the
visual presence of this road feature. The street lighting will be of a unified architectural
style.
A Traffic Impact Analysis (TIA) has been prepared for the 150.28 -acre site by Patton Harris
Rust and Associates, which is dated November 1, 2004 and is included in the Impact
Analysis Statement. The TIA assumes the total build out of 294 attached single-family
residential units, 264,000 square feet of office uses, and 440,450 square feet of retail uses by
the year 2010. The TIA provides for a Level of Service (LOS) analysis, AM and PM peak
hour traffic volumes and Average Daily Trip volumes for existing, background, and build out
conditions. The TIA concludes the traffic impacts associated with the proposed Russell 150
development are acceptable and manageable. All of the intersections analyzed will operate at
File #3701/EAW/ajc 7
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
levels of service "C" for 2010 background and build -out conditions, except for the Route 522
and I-81 ramp/Route 17/50 intersection which currently operates at levels of service "F".
The applicant will provide the dedication of approximately 19.25 acres for major
thoroughfares, as well as frontage improvements to Front Royal Pike, to facilitate safe
ingress and egress and to mitigate impacts of this development. These improvements are to
include a right turn lane on Front Royal Pike. All improvements are incorporated into the
proffer statement for this project. Road efficiency buffers of fifty feet will separate the
residential lots from Front Royal Pike and Warrior Drive.
The Frederick County Bicycle Plan is depicted on page 7-17 of the Comprehensive Policy
Plan. The bicycle plan indicates a "proposed designation" of a bicycle route connecting the
Front Royal Pike and Airport Road intersection with an alignment that appears to follow the
planned Warrior Drive all the way through to Fairfax Pike (Route 277). Due to the fact the
Airport Road extended and Warrior Road projects have not yet been engineered, bicycle
lanes can be included in the design. Furthermore, the East Tevis Street may be the best
chance for establishing an I-81 crossing on the bicycle route system. The applicant proffers
bicycle facilities parallel to Warrior Drive, Airport Road extended, and East Tevis Street.
D. SEWAGE CONVEYANCE AND TREATMENT
The 150.28 -acre property is located within the Urban Development (UDA) and Sewer and
Water Service Area (SWSA) boundaries. There are existing 8" sanitary sewer lines serving
the adjacent homes on Front Drive and Royal Avenue. There is also an 8" sewer line on the
on the east side of Front Royal Pike, running from roughly Airport Road to Buffalo Lick
Run. The principle collector lines for the development's sanitary sewer system will probably
follow the topography to the Buffalo Lick Run floodplain, then under Front Royal Pike, and
on to the 522 Sewage Pumping Station #1. It will be connected to the main in accordance
with Frederick County Sanitation Authority (FCSA) regulations.
Impacts of the proposed rezoning on the sewage conveyance and treatment system can be
projected based on the proffered land uses of 704,450 square feet of combined commercial
uses (440,450 square feet of retail and 264,000 square feet of office) and 294 attached single-
family dwelling units. The FCSA design figures estimate 500 gallons per day (GPD) per
acre of general commercial development, and 225 gallons per day (GPD) per attached single-
family dwelling unit.
The figures below represent the impact that this project would have to the sewage
conveyance system and treatment system at full build -out of 440,450 square feet of
commercial:
Q = 500 GPD of general commercial development
Q = 500 GPD X approximately 96 acres
Q = 48,000 GPD projected at total commercial build out
File #3701/EAW/ajc 8
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
The figures below represent the impact that this project would have to the sewage
conveyance system and treatment system at full build -out of 294 dwelling units:
Q = 225 GPD per dwelling unit
Q = 225 GPD X 294 dwelling units
Q = 66,150 GPD projected at total residential build out
COMBINED COMMERCIAL & RESIDENTIAL Q = 114,150 GPD
The proposed zoning is projected to increase flows to the public sewage conveyance system
and the Opequon Wastewater Treatment Plant by 114,150 GPD at total build out. The design
capacity of the treatment plant is 8.4 million GPD, of which approximately 6.4 GPD is
currently being utilized. The total build -out of the proffered land uses would require
approximately 5.7 percent of the available capacity at the Opequon Waste Water Treatment
Plant; therefore, adequate capacity is available for this development.
E. WATER SUPPLY
The 150.28 -acre property is located within the Urban Development Area (UDA) and Sewer
and Water Service Area (SWSA) boundaries. There is an existing 20 -inch water main
running along the property line (a.k.a. right-of-way line) the subject property shares with
Front Royal Pike. This 20 -inch main is a major transmission line from the James Diehl
Water Treatment Plant.
Impacts of the proposed rezoning on the water supply system can be projected based on the
proffered land use of 704,450 square feet of combined commercial uses (440,450 square feet
of retail and 264,000 square feet of office) and 294 attached single-family dwelling units.
Design figures for comparable projects estimate 125 GPD per 1,000 square feet of
commercial, and 275 GPD per attached single-family dwelling unit.
The figures below represent the impact that this project would have to the public water
system at full build -out of 440,450 square feet of commercial:
Q = 125 GPD per 1,000 commercial square foot
Q = 125 GPD X 704.45 (1,000 commercial square feet)
Q = 88,056.25 GPD projected at total commercial build out
The figures below represent the impact that this project would have to the public water
system at full build -out of 294 dwelling units:
Q = 275 GPD per dwelling unit
Q = 275 GPD X 294 dwelling units
Q = 80,850 GPT_ projected at total residential build out
The proposed zoning is estimated to draw 168,906.25 gallons per day from the public water
supply system. The James Diehl Water Treatment Plant is one of three sources contributing
File #3701/EAW/aje 9
Greenway Engineering November 31 2004 Russell 150 Rezoning
Revised January 24, 2005
to the blended water serving the area of this property. This treatment plant provides
approximately 4 million gallons per day of potable water. The projected water usage at
build -out would account for less than five percent of this portion of the blended sources.
Adequate capacity is available for this development.
F. SITE DRAINAGE
The 150.28 -acre site generally drains to Buffalo Lick Run and then downstream under Front
Royal Pike (Route 522). Preliminary engineering indicates the use of storm water
management ponds in the main draws into Buffalo Lick Run. The on-site storm water
management facilities will be designed to ensure that the post -development release into
Buffalo Lick Run does not exceed the pre -development conditions. Stormwater management
design will occur during the site development process, which will require approval by the
Frederick County Engineer and Virginia Department of Transportation. The design of the
stormwater management facilities will be implemented in a manner that will avoid any
disturbance of the existing stream and any associated wetlands. Consideration will be given
to the use of oil separators or other BMP's to minimize the impact from parking areas and
other impervious surfaces.
The natural drainage ways of this site present a superb opportunity for the crafting of an open
space amenity. Over the last century or so, those who have farmed the property have been
inclined to maintain the stream valley and adjoining slopes in a relatively natural state.
Therefore the beauty of a wooded stream, and the wildlife habitat it provides, has been
preserved. Now, aided by the statutory protections of designated floodplain, land planners
can continue this tradition. The applicant proffers to place this stream valley, from the
floodplain to the associated slopes, in approximately ten acres of common open space.
G. SOLID WASTE DISPOSAL
An estimate of the aggregate impact of the potential commercial and residential uses on solid
waste disposal facilities can be projected based upon average annual business and attached
single-family residential waste generation. According to the Civil Engineering Reference
Manuel, 4th Edition, annual average volume (AV) of business consumption of landfill space
is 5.4 cubic yards per 1.000 square feet of structural area. Each household unit has an annual
average volume (AV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference
Manual, 4th Edition). The following figures show the increase in daily volume based on the
proffered density of 440,450 square feet of commercial use and 294 dwelling units.
AV = 5.4 cu. yd. per 1,000 sq ft commercial
AV = 5.4 cu. yd. X 704.45 units (of 1,000 sq ft commercial)
AV = 3,804.03 cu yd at build -out
AV = 5.4 cu. yd. per dwelling
AV = 5.4 cu. yd. X 294 dwellings
AV = 1,587.60 cu. yd.
File #3701/EAW/ajc 10
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of
13,100,000 cubic yards (13.1 million cu. yd.), currently being consumed at an average of
200,000 tons per year. This capacity is more than adequate to accommodate the solid waste
generated from this project.
H. HISTORICAL SITES AND STRUCTURES
The Russell Farm, taken as a whole with the farmhouse, outbuildings, and most importantly,
the surrounding farmland is identified in the Frederick County Rural Landmarks Survey as a
potentially significant property. The property is identified as "Russell Place", file #34-431.
The Virginia Division of Historic Landmarks survey form indicates that neither the house nor
any of the outbuildings, though all well maintained, are of substantial historic significance
individually. Instead the farmland, with the cluster of farm buildings taken in this context, is
what is significant. The survey refers to this farm as one of the last examples near
Winchester of a sort of land use that was once "typical" all around the city. However, the
coming of the road improvements envisioned by the Comprehensive Policy Plan will forever
change this farmland context and greatly reduce the property's historic significance.
"Russell Place", file #34-431, is the only historic feature in the immediate vicinity
inventoried by the Virginia Division of Historic Landmarks. The property is not identified as
being within the core area of a Civil War battlefield. We are not aware of any archeological
artifacts being found on the site. The application is to be considered by the Historic
Resources Advisory Board (HRAB) at their February 15, 2005 meeting.
1. OTHER IMPACTS
The Frederick County Capital Facilities Fiscal Impact Model has been applied to the
proffered development of 440,450 square feet of commercial retail, 264,000 square feet of
office uses and 294 attached single-family dwelling units. The results of this model run
indicate that the development of the subject site will result in a positive total net fiscal impact
of $93,667 (+$100,449 per square foot of commercial use and -$6,782 per dwelling unit).
Although the model run indicates a substantial positive net fiscal impact, the applicant has
proffered an additional $10,000 to fire and rescue services. The applicant have proffered a
monetary contribution that exceeds that indicated by the results of the fiscal model run in
order to assist the first responder company that will provide service to the Russell 150
community. (Reference Attachment 3. Frederick County Capital Facilities Fiscal Impact
Model for Russell Farm)
The subject property lies within the Winchester Airport five -mile zone of influence and
across Front Royal Pike from the airport support area. The applicant support the requirement
that no use or structure shall be permitted which obstructs the airspace required for the flight
of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing and
takeoff of aircraft. No additional impacts to community facilities are anticipated by this
rezoning application.
File #3701/EAWlaje 11
Greenway Engineering November 3, 2004 Russell 150 Rezoning
Revised January 24, 2005
Attachments:
1. Location and Existing Zoning Exhibit for Russell 150
2. Existing Soils Exhibit for Russell 150
3. Frederick County Capital Facilities Fiscal Impact Model for Russell 150
4. Generalized Development Plan Exhibit for Russell 150
5. Traffic Impact Analysis for Russell 150
6. Conditional Zoning Proffer Statement for Russell 150
File #3701/EAw/ajc 12
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RO-I RESIDENTIAL OFFICE DISTRICT '^
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/ g FILE NO 3701
ROADS.FREDERICK CO Y 5 TOPOGRAPHY. S OF
A Traffic Impact Analysis of the
Russell. Farm
Located in:
Frederick County, Virginia
Prepared for:
Greenway Engineering
151 Windy Hill Lane
Winchester, VA
22606
Prepared by:
Patton Harris Rust & Associates, pc
Engineers. SLrveyors. Planners. Landscape Architects.
206 Church Street, &E
Leesburg, Virginia 20175
PhR+AF T 703.777.3616
7D3.777.3725
November 1, 2004
OVERVIEW
Report Summary
Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to
present the traffic impacts associated with the proposed Russell Farm development located
along the west side of Route 522 (Front Royal Pike), between Peppermill Road and Route
17/50, in Frederick County, Virginia. The proposed project is to include 294 townhouse
units, 264,000 square feet of office. and 440,450 square feet of retail with primary access to
be provided via the proposed western leg of Airport Road and secondary access
(townhouse only) to be provided via a site -driveway located to the south of Airport Road.
The proposed development will be built -out by the year 2010. Figure 1 is provided to
illustrate the location of the Russell Farm site with respect to the surrounding roadway
network.
Methodology
The traffic impacts accompanying the Russell Farm 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 Russell Farm,
• Distribution and assignment of Russell Farm generated trips onto the study area road
network,
• Analysis of capacity and level of service using the newest version of the highway
capacity software, HCS -2000, for existing and future conditions.
EXISTING CONDITIONS
Patton Harris Rust & Associates, pc (PHR+A) obtained AM and PM peak hour
manual turning movernent counts at the intersections of Papermill Road (Route
644)/Pleasant Valley Road, Papermill Road/Route 522 (Front Royal Pike), Airport
Road/Route 522 and Route 522/Route 50/17 (Millwood Pike). Additionally, 24-hour
automatic "tube" counts were conducted along the Papermill Road and Route 522,
respectively. PHR+A established the ADT (Average Daily Traffic) along each of the study
area roadway links using an average "k" factor (the ratio of PM peak hour traffic volumes
to 24-hour traffic volumes) of 8% as determined from traffic count data provided by the
Virginia Department of Transportation (VDOT). Figure 2 shows the existing ADT and
AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3
shows the respective existing lane geometry and AM/PM peak hour levels of service. All
traffic count data and HCS -2000 levels of service worksheets are included in the Appendix
section of this report.
A Phased Traffic Impact Analysis of the Russell Farm
PH 1 + 1 November 1, 2004
Page 1
I
1
No Scale
Figure 1
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Vicinity Map - Bussell Farms
A Phased Traffic Impact Analysis of the Russell Farm
RA November 1, 2004
PH
Page 2
No Scale
(iii>sol �t
e �
AM Peak Hour(PM Peak Hour)
Figure 2 Existing ADT and AM/PM Peak Hour Traffic Volumes
R+A A Phased Traffic Impact Analysis of the Russell Farm
November 1, 2004
Page 3
PH
No Scale
Signalized
Intersection
LOS=C(F)
� GG1
0
s
b
Signalized
y Intersection
11 LOS--B(B)
1%
* Denotes Unsignalized Critical Movement I
AM Peak Hour (PM Peak Hour)
Figure 3 Existing Lane Geometry and Levels of Service
A A Phased Traffic Impact Analysis of the Russell Farm
�-� + \ November 1, 2004
PH l Page 4
No Scale
Roadway
Intersection
LOS--C(D)
0)b
644 LQ
Signalized
'o[I
p
0
'r
ro
Y'
Unsignalized
w 8(Bj» Intersection
� Ott
signalized .w
Intersection
LOS=C(B)
* Denotes Unsignalized Critical Movement
AM Peak Hour (PM Peak Hour)
Figure S 201O Background Lane Geometry and Lever of Service
` A Phased Traffic Impact Analysis of the Russell Farm
R1 November 1, 2004
HPage
M
No Scale
AM Peak Hour(PM Peak Hour)
L Average Daily Trips
Figure 8 2010 Build -out ADT and AM/PM Peak Hour Traffic Volumes
PHIS
A Phased Traffic Impact Analysis of the Russell Farm
November 1, 2004
Page 12
IF
Signalized Roadway
Iutersectiou Improvements
LOS C(C) Required
Signalized' Roadway
Intersection
Regional LOS =B(B)� Improvements
Improvements
of "
No Scale Pape G�
RequiredRequired
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ash
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Signalized
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a Road
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—PT TR+/ /� \
AM Peak Hour (PM Peak Hour)
Figure 9 2010 Build -out Lane Geometry and Levels of Service
PHRn
A Phased Traffic Impact Analysis of the Russell Farm
November 1, 2004
Page 13
CONCLUSION
The traffic impacts associated with the proposed Russell Farm development are
acceptable and manageable. The following describes the future operating conditions at
each of the study area intersections.
• Route 522 and I-81 ramp/Route 17/50: For existing, 2010 background and build-
out conditions, this intersection will operate with levels of service "F". This
intersection requires regional roadway improvements to achieve acceptable levels
of service.
• Route 17/50 and Ryco Lane: For 2010 background and build -out conditions, this
intersection will operate with levels of service "C" during the AM/PM peak hours.
Traffic signalization, however, would be required to satisfy levels of service
requirements. A signal warrant study would be necessary prior to installation.
• Airport Road and Route 522: For 2010 background and build -out conditions, this
intersection will operate with levels of service "C" during the AM and PM peak
hours. Airport Road is proposed to be extended to the site west of Route 522. The
required intersection improvements assumed include a northbound left -turn lane
and southbound right turn lane.
• Papertnill Road and Route 522: For 2010 background and build -out conditions,
this intersection will operate with levels of service "C" during the AM and PM
peak hours.
• Papermill Road and Pleasant Valle Road: For 2010 background and build -out
conditions, this intersection will operate with levels of service "C" during the AM
and PM peak hours. The required intersection improvements assumed include a
northbound left -turn lane and southbound right -turn lane.
PH A Phased Traffic Impact Analysis of the Russell Farm
November 1, 2004
Page 14
RUSSELL 150
REZONING
The complete Traffic Impact Analysis
is on file in the records of
the Frederick County Department of Planning and Development
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff. -
Zoning Amendment Number
PC Hearing Date
Date Received
BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Russell 150, LC Telephone: (540) 662-4164
Attn.: Denver E. Ouinnelly, Manager
Address: 36 Ricketts Drive
Winchester, VA 22601
2. Property Owner (if different than above)
Name: same as above
Address: 36 Ricketts Drive
Winchester, VA 22601
3. Contact person if other than above
Name: Greenway En ineering
Attention: Mark D. Smith, LS PE
Address: 151 Windy Hill Lane
Winchester, VA 22602
Telephone: (540) 662-4164
Telephone: (540) 662-4185
4. Checklist: Check the following items that have been included with this application.
Location map X Agency Comments X
Plat X Fees X
Deed to 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:
Russell 150, LC
6. A) Current Use of the Property: Unimproved (150.28 acres)
B) Proposed Use of the Property: Commercial, office and retail,
Residential, Single-family attached
7. Adjoining Property: Please see attached for detailed list
PARCEL ID NUMBER
USE
ZONING
64-((A))- l OA
Residential
RP
64-((A))-11
Residential
RP
64-((A))- 14
Residential
RP
64B-((4))-8
Residential
RP
64B -((4))-9A
Residential
RP
64B-((4))-l0A
Residential
RP
64B -((A)) -25J
Residential
RP
64B-((4))-26
Residential
RP
64B-((4))-27
Residential
RP
64B-((4))-28
Residential
RP
64B -((A))-29
Residential
RP
64B-((4))-30
Residential
RP
64B-((4))-31
Residential
RP
64B-((4))-32
Residential
RP
64B-((4))-33
Residential
RP
64B-((4))-34
Residential
RP
64B-((4))-35
Residential
RP
64B-((4))-36
Residential
RP
64B-((4))-37
Residential
RP
64B-((4))-38
Residential
RP
64B-((4))-39
Residential
RP
64B -((4))-E
Residential
RP
64B -((4))-F
Residential
RP
64B -((411-r
Residential
PP
64B -((4))-H
Residential
RP
64B -((A))-89
Residential
RP
64B -((A))-92
Residential
RP
64B -((A))-4-91
Residential
RP
64C -((A))-1
Residential
RP
64C -((A))-2
Residential
RP
64C -((A))-3
Residential
RP
64C -((A))-4
Residential
RP
64C -((A))-7
Residential
RP
64C -((A))-8
Residential
RP
64C -((A))-9
Residential
RP
64C -((A))-11
Residential
RP
64C -((A))-13
Residential
RP
64C -((A))-15
Residential
RP
292-02-2
Commercial
CM -1
312-03-32
Residential
MR
312-03-33
Residential
MR
312-03-34
Residential
MR
312-03-46
Residential
MR
312-03-47
Residential
MR
332-07-22
Residential
MR
332-07-23
Utility
MR
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):
Fronting on the west side of Front Royal Pike (Route 522), opposite Airport Road (Route
6
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Numbers 64-((A))-10 & 64-((A))-12
Districts
Magisterial: Shawnee High School: Millbrook High School
Fire Service: Millwood Station Middle School: James Wood Middle School
Rescue Service: Millwood Station Elementary School: Armel Elementary School
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested
96.28
RA
B2
54.0
RA
RP
150.28
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: 0 Townhome: 294
Non -Residential Lots: 0 Mobile Home: 0
Square Footage of Proposed Uses
Multi -Family: 0
Hotel Rooms: 0
Office: 264,000 Service Station: 0
Retail: 440,450 Manufacturing: 0 _
Restaurant: 0 Warehouse: 0
Other: 0
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, 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:
Owner(s):
Russell l0 C
BY: 1-D
eiiv'er
E. Ouinnel nager ate
Russell 15( L
B :4a-7tcL
[S
'-ben-ver E. Q innell , M nager
Adjoining Property Owners
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name Church of the Brethren
578 Front Royal Pike
Winchester, VA 22602
Property # 64-((A))-l0A
Name Arthur A. & Juanita S. Belt
201 Front Drive
Winchester, VA 22602
Property # 64-((A))-11
Name Michael S. & Cheryl Shepard
179 George Drive
Winchester, VA 22602
Property # 64-((A))-14
Name Maxine Godlove
635 Front Royal Pike
Winchester, VA 22602
Property # 64B-((4))-8
Name Harry M. & Rose O. Stine
124 Longcroft Road
Winchester, VA 22602
Property # 64B -((4))-9A
Name Thomas Mudd
179 Front Drive
Winchester, VA 22602
Property # 64B -((4))-25J
Name Charles A. Courtney
161 Front Drive
Winchester, VA 22602
Property # 64B-((4))-26, 27, 28, 29
Name Rosalie Glass Lewis
604 Tudor Drive
Winchester, VA 22602
Property # 64B-((4))-30,31
Name James A. & Carrie V. Ratcliff
155 Royal Avenue
Winchester, VA 22602
Property # 64B-((4))-32, 33
Address
Name and Property Identification Number
Name Charles G. & Amy J. Klein
Property # 64B-((4))-34, 35
149 Royal Avenue
Winchester, VA 22602
Name John B. Jr. & Marsha J. Kelly
137 Royal Avenue
Winchester, VA 22602
Property 964B-((4))-36, 37
Name Michael N. & Connie R. Faurer
131 Royal Avenue
Winchester, VA 22602
Property # 64B-((4))-38, 39
Name Kirby L. Hepner, Jr.
182 Front Drive
Winchester, VA 22602
Property #64B -((4))-E
Name Robert L. Sr. & Patricia A. Shank
185 Front Drive
Winchester, VA 22602
Property # 64B -((4))-F, H
Name Tara. M. Crosen
189 Front Drive
Winchester, VA 22602
Property # 64B -((4))-G
Name Charles C. Sr. & Eleanor L. McFarland
116 Royal Avenue
Winchester, VA 22602
Property # 64B-((4))-l0A
Name Jimmie J. & Geneva B. Walker
667 Front Royal Pike
Winchester, VA 22602
Property #64B -((A))-92
Name Philip T. & Judy Lynn Young
655 Front Royal Pike
Winchester, VA 22602
Property #64B -((A))-4-91
Name Scottie D. Dotson
651 Front Royal Pike
Winchester, VA 22601
Property #64B -((A))-89
Name Milton E. & Martha M. Grim
673 Front Royal Pike
Winchester, VA 22602
Property #64C -((A))-1
Name Joseph & Lynnette L. Embree
687 Front Royal Pike
Winchester, VA 22602
Property #64C -((A))-2, 3
Name E. Darlene S. & Charles M. Banard
P.O.Box 4585
Winchester, VA 22604
Property #64C -((A))-4
Name Elwood H. Whitacre, Sr.
721 Front Royal Pike
Winchester, VA 22602
Property #64C -((A))-7
Name W. Lee & Anne B. Collins
749 Front Royal Pike
Winchester, VA 22602
Property #64C -((A))-8
Name Winchester Outdoor
355 S. Potomac Street
Hagerstown, MD 21740
Property #64C -((A))-9
Name William R. & Krista K. Lucas
831 Front Royal Pike
Winchester, VA 22602
Property #64C -((A))-11
Name Montie W. Gibson, III
867 Front Royal Pike
Winchester, VA 22602
Property #64C -((A))-13
Name Leonard James & Ingrid L. Greathouse
1207 Rowe Street
New Tazewell, TN 37825
Property #64C -((A))-15
NAME GLAIZE DEVELOPMENT, INC.
PO BOX 888
WINCHESTER, VA 22604
PROPERTY #292-02-2
Name Lucille W. Smith
320 Longview Avenue
Winchester, VA 22601
Property #312-03-32
Name Lucille W. Smith
320 Longview Avenue
Winchester, VA 22601
Property #312-03-33
Name Lucille W. Smith
320 Longview Avenue
Winchester, VA 22601
Property #312-03-34
Name Lucille W. Smith
320 Longview Avenue
Winchester, VA 22601
Property #312-03-46
Name Lucille W. Smith
320 Longview Avenue
Winchester, VA 22601
Property #312-03-47
Name Deborah P. Lake
448 Superior Avenue
Winchester, VA 22601
Property #332-07-22
Name City of Winchester
Suite 303 15 N Cameron Street
Winchester, VA 22601
Property #332-07-23
NOTES:
I. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY EBERT do ASSOMTES ON FEBRUARY 13, 1998.
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
3. NO TITLE REPORT FURNISHED.
4. NO RIGHTS-OF—WAYS OR EASEMENTS ARE SHOWN. SEE THE FOLLOWING
DEEDS FOR REFERENCE TO EASEMENTS ON THE RUSSELL PROPERTY:
DB 238, PG 223; OB 786, PC 1722; DB 840, PG 1539; OB 842, PG 1485
5.� TION SURVEY OF THE 29.657 ACRE TRACT FOR /
IRON PIPE
REENR (FOUND) UNLESS (F
OTHERWISE INDICATED �-
POINT - a
MONUMENT
L 44 /(FOUND)
` L6
CONCR\E)TE
MONUMENT
(FOUND)
�M
FENCE P09
AT 3.68'
64 -A -123A
WINCHESTER
HARLEY-DAVIDSON, INC.
556/29
a
rn
JASBO, INC. & FRED ,
736/86
f CALVARY CHURCH OF
IRON PIPE THE BRETHREN
(FOUND)
648-A-73,80
328/681
FENCE
POST
29-657 (� (�a, D E 64 -A -10A
A C. � L31 485/464
COPPER PIPE
64—A-10 /) (FOUND) ti 648-4-E
DB 231, PC 70 L33 j IRBY L. JR. dt
-- LOUISE R Ht ER
64-A-11
ARTHUR A. d1
JUANITA S. BELT
720/255
0.309 AC.
63—A-150
DB 323, PC 284
120.384 AC.
64—A-12 /
DB 231, PIG -74
SURVEY OF THE '\FENCE POST
REMAINING LANDS of L
TI IKII: U DI I JC CCI I
V vl Lm ( 1, RV %JL.1.1►
SHAWNEE DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: Is = 400' DATE: FEBRUARY 13,1998
bx384� C3i Pz 74 T - A-12
UU0.._�� �A , A& 84 TM #63-A-50
319/15
FUNKHOUSER
~`1 ADDITION
tiO 3
cloj
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IRON PIPE i
(FOUND)
L1Q REBAR
(SET)
Z;
3
FENCE
POST
METAL
FENCE !J
64C -A-12
POST
CMONWEALTH
VIRGINIA
z.
J 875t679
r
64-A-14
64-M18
ARTHUR
A. POF LMG, JR.
kANFRFt) &_
KOKOR5KY
468/350 PROJECT 1965024
LINES
LINE
BEARING
DISTANCE
Ll
N
82"28'09" W
150.14'
L2
N
82' 14'30' W
1005.35-
L3
N
32-24'30" W
1985.02-
L4
N
33'47'44" E
761.52'
L5
N
68'46'08" E
145.10'
L6
N
71'22'29" E
157.47'
L7
N
6732'50" E
1235.07'
L8
S
46' 11'25" E
fi88.82'
L9
S
13'53'08" W
332.70'
L10
S
76'01'55" E
470.95'
Lll
N
78'27'51" W
26.96'
L12
S
41'0509' W
64.04'
L13
S
13'39'31" W
112.92'
L14
S
67'45'46" W
51.18'
L15
S
26'00'14" W
96.73'
L16
S
551059 W
176.36'
1-17
S
52'14'53 E
20.21'
L18
N
57'15'18" E
45.62'
L19
S
5221'52" E
1 60.25'
D
Ql -.
UNE
BEARING
DISTANCE
L20
N
86' 12 01 " E
150.90'
L21
S
10'02'08" E
79.44'
L22
S
23"28'32" W
287.33'
L23
S
08'14'33" W
428.07'
L24
N
08'37'04" E
192.09'
L25
N
40'46'50" W
184.40'
L26
N
33'44'43" E
1174.87'
L27
N
5258'10" E
773.02'
L28
S
39'59'46" E
600.62'
L29
S 35'57'32" E
272.65'
L30
S 43'20'25" W
497.94'
L31
N 46'23 52" W
107.60'
L32
S
42'58'23" W
199.82'
L33
S
46'11'25" E
1.42'
L34
N 08'37'04" E
5.60'
L35 I
S
13'38' 11 " W
1 154.61'
CURVES
CURVE
RADIUS
ARC
CHORD BEARING
CHORD
C1
5674.58'
174.64'
S 1,01'10" W
174.63'
C2
6161.16'
277.02'
1
S 1 T5l'29" W
276.99'
C3
3169.87'
417.88'
S 15721'45" W
417.58'
COURSE SHEET of the SURVEY
of the REMAINING LANDS of
JUNE H. RUSSELL
SHAWNEE DISTRICT.FREDERICK COUNTY, VIR61
DAVE: FEBRUARY 13, f iB
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MfCRCL M. A R
NO. '951
OF 5
•
J
•
REZONING APPLICATION #02-05
ADAMS DEVELOPMENT GROUP
Staff Report for the Planning Commission Meeting
Prepared: March 4, 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 them in making a decision on this
application. It may also he 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: 03/16/05 Pending
Board of Supervisors: 04/13/05 Pending
PROPOSAL: To revise proffers attached to Rezoning #11-04 of Adams Development Group
concerning the rezoning of 59.708 acres to B3 (Industrial Transition Business) District.
LOCATION: The property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the
intersection with Stephenson Road (Route 664).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-75
PROPERTY ZONING: B3 (Industrial Transition Business) District
PRESENT USE: Unimproved
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) District
Use:
Residential
South: MH1 (Mobile Home Community) District &
Use:
Residential
MI (Light industrial) District
Residential
East: RA (Rural Areas) District &
Use:
Residential
B3 (Industrial Transition) District
Industrial
West: RA (Rural Areas) District
Use:
Agricultural, Residential
& Public Facility
PROPOSED USES: Office, warehouse, building materials and lumber stores, wholesaling with
accessory retail, and self-service storage.
REZ #02-05, Adams Development Group
Page 2
March 4, 2005
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the
zoning of the subject parcel as A-2 (Agricultural General) District. 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.
In 2004, the County considered rezoning application #11-04, a request to rezone the subject
properties from RA (Rural Areas) to the B3 (Industrial Transition). This application contained
various proffered conditions, they are as follows:
A) General Development Plan. The applicant has proffered to develop the subject
property in substantial conformance with the GDP. The GDP demonstrates a single
shared commercial entrance and the layout of the proposed land uses.
B) Permitted Uses. The proffer statement indicates that only office, office/warehouse,
warehouse, and self-service storage land uses will be permitted on the property should
the rezoning be approved. Furthermore, a maximum square feet is proffered for each
of the four proffered land uses.
C) Transportation. Transportation proffers include the restriction of more than one
commercial entrance off of Martinsburg Pike (Route 11 N), construction of a right -turn
deceleration lane, contribution of 20' of additional right-of-way to VDOT for future
possible road improvements, and agreement to contribute towards the cost of off-site
signalization in the area of Interstate 81 and Exit 321.
D) Outdoor Storage Buffer. The applicant proffers to preserve a continuous strip of
existing vegetation on the west side of the Winchester and Western Railroad for
screening purposes.
E) North Buffer. The applicants have proffered to utilize the 6' high berm opaque
screening option along the north property line.
F) South Buffer. The applicants have proffered to utilize the 6' tall fence as the opaque
screening option along the south property line.
G) Corridor Appearance Enhancements. The applicant has proffered landscape
enhancements along Martinsburg Pike (Route 11 N) to include a 20' wide green
strip, a low-level earth berm, low-lying shrubs and a single row of deciduous
flowering trees.
H) Stormwater Quality Measures. The applicant has proffered that all commercial site
plans will be designed to implement best management practices (BMP) to promote
REZ 902-05, Adams Development Group
Page 3
March 4, 2005
stormwater quality measures.
I) Monetary Contribution. A monetary contribution of $8,355.00 is offered by the
applicant for the purpose of impact mitigation for Frederick County Fire and Rescue
Services.
Rezoning application #11-04 was approved by the Board of Supervisors on September 8, 2004.
Request to Revise Proffered Conditions:
The applicant has submitted the current rezoning petition in an effort to revise the existing proffered
conditions relating to the permitted uses for the property. The proposed proffer revisions would add
wholesale with accessory retail, building materials and lumber stores to the allowed uses. The
revised proffer's for the rezoning are as follows:
Revised Proffer Statement — Dated February 18, 2005
A) General Development Plan. The applicant has proffered to develop the subj ect property
in substantial conformance with the GDP. The GDP demonstrates a single shared
commercial entrance and the layout of the proposed land uses.
Staff note: Consistent with previously proffered condition (Please note that the
GDP has been revised to reflect the new uses)
B) Permitted Uses. The proffer statement indicates that only office, building materials and
lumber stores, wholesale, warehouse, and self-service storage land uses will be
permitted on the property should the rezoning be approved. Furthermore, a maximum
square foott is proffered for each of the proffered land uses.
Staff note: Addition of wholesale and building materials and lumber stores
to the proffered uses for the property. This revised proffer also reduces the
maximum square footages allowed for each use to maintain a trip generation
of 4,603 VPD for the site as stated in the impact analysis associated with
rezoning #11-04. A breakdown of the new uses and square footages are as
follows:
Orizinal Proffer
Sq. Ft.
Revised Proffer
Sq. Ft.
I office
40,000
1.
office
120,000
2 office/warehouse 156,875
2.
building materials
25,000
3 warehouse
492,500
& lumber store
4 self storage
146,575
3.
wholesale
150,000
4.
warehouse
120,000
5.
self stora,-e facility
140,000
Total
835,575
555,000
C) Transportation. Transportation proffers include the restriction of more than one
REZ #02-05, Adams Development Group
Page 4
March 4, 2005
commercial entrance off of Martinsburg Pike (Route 11 N), construction of a right -turn
deceleration lane, contribution of 20' of additional right-of-way to VDOT for future
possible road improvements, and agreement to contribute towards the cost of off-site
signalization in the area of Interstate 81 and Exit 321.
Staff note: Consistent with previously proffered condition
D) Outdoor Storage Buffer. The applicant proffers to preserve a continuous strip of
existing vegetation on the west side of the Winchester and Western Railroad for
screening purposes.
Staff note: Consistent with previously proffered condition
E) North Buffer. The applicants have proffered to utilize a 6' high berm opaque screening
option along the north property line.
Staff note: Consistent with previously proffered condition
F) South Buffer. The applicants have proffered to utilize a 6' tall fence as the opaque
screening option along the south property line.
Staff note: Consistent with previously proffered condition
G) Corridor Appearance Enhancements. The applicant has proffered landscape
enhancements along Martinsburg Pike (Route 11 N) to include a 20' wide green strip, a
low-level earth berm, low-lying shrubs and a single row of deciduous flowering trees.
Staff note: Consistent with previously proffered condition
H) Stormwater Quality Measures. The applicant has proffered that all commercial site
plans will be designed to implement best management practices (BMP) to promote
stormwater quality measures. The applicant will also ensure that the south buffer fence
is located on the northern side of the stormwater management area and will utilize
plantings recommended for riparian zones.
Staff note: This revised proffer restricts the placement of the south buffer
fence and types of plantings for the riparian area.
J) Monetary Contribution. A monetary contribution of $.015/building square foot, this
payment potentially totaling $8,325 is intended to offset additional cost to Frederick
County.
Staff note: Previously had proffered $.01/building square foot, potentially
totaling $8,355. The revised proffer has changed this amount to
S.0151building square foot potentially totaling $8,325.
STAFF CONCLUSIONS FOR 03/16/05 PLANNING COMMISSION MEETING:
The subject property is presently zoned 133, and the applicant is requesting to revise the proffers
associated with rezoning 411-04 to add wholesale with accessory retail, building materials and lumber
stores to the proffered uses. It is the intent of this request that the new uses on the property will not
REZ #02-05, Adams Development Group
Page 5
March 4, 2005
affect trip generation for the site as the applicant has reduced the maximum square footages for the
other uses. Staff would like to point out that we are still waiting to hear from VDOT regarding this
revision. The proffer has also been revised to help preserve the existing wetland area (proffer H), as
well as increasing the monetary contribution per square foot (proffer J) to maintain a similar dollar
amount to Rezoning #11-04.
Following the requirement for a public hearing, a recommendation
by the Planning Commission to the Board of Supervisors concerning this rezoning
application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission
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Greenway Engineering
February 18, 2005 Adams Development Group, Inc.
Rezoning
PROPOSED PROFFER STATEMENT
REZONING: RZ#
Industrial Transition District (133) with Proffers to Industrial
Transition District (133) with Revised Proffers
PROPERTY: 59.71 acres +/-;
Tax Parcel #44-((A))-75
RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President
APPLICANT: Adams Development Group (here -in after "the Applicant")
PROJECT NAME: Adams Commercial Center
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
June 21, 2004
February 18, 2005
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # ®`-- - 0.5 -
for the rezoning of 59.71 -acres from the Industrial Transition (133) District with Proffers
to the Industrial Transition (133) District with Revised Proffers, development of the
subject property shall be done in conformity with the terms and conditions set forth
herein, except to the extent that such terms and conditions may be subsequently amended
or revised by the Applicant and such be approved by the Frederick County Board of
Supervisors in accordance with the said Code and Zoning Ordinance. In the event that
such rezoning is not granted, then these proffers shall be deemed withdrawn and have no
effect whatsoever. These proffers shall be binding upon this Applicant and their legal
successors, heirs, or assigns.
The subject property, more particularly described as the lands owned by Adams
Development Group, Inc. being all of Tax Map Parcel 44-((A))-75 and further described
by Boundary Survey Plat prepared by Edward W. Dove, L.S., dated July 29, 2003 (see
attached Boundary Survey Plat).
File #3949/EAW
Greenway Engineering February 18, 2005 Adams Development Group, Inc.
Rezoning
A.) Generalized Development Plan
The Applicant hereby proffers to develop the 59.71 -acre property in substantial
conformance with a Generalized Development Plan approved as part of the rezoning
application. The Generalized Development Plan is intended to delineate the general
location and relationship of land bay uses.
B.) The following maximum building square footages are proffered for the land uses
identified below. The building square footages are established to ensure that the
vehicle per day (VPD) generation for the permitted land uses will not exceed 4,603
VPD based on ITE Trip Generation 7th Edition volumes.
1. Office
2. Building Materials & Lumber Store
3. Wholesale
4. Warehouse
5. Self-service storage facility
TOTAL BUILDING AREA
C.) Transportation
1.) Access to Martinsburg Pike (US Route 11)
120,000 square feet
25,000 square feet
150,000 square feet
120,000 square feet
140,000 square feet
555,000 square feet
Direct access to Martinsburg Pike (US Route 11) will be provided through a single
shared commercial entrance to provide ingress and egress for all uses within this site.
This shared commercial entrance will be located so as to align with the existing
commercial entrance to the APAC site located on the opposite side of Martinsburg
Pike.
2.) Turn lane — Martinsburg Pike (US Route 11)
The Applicant hereby proffers to install a right -turn deceleration lane at the entrance
on Martinsburg Pike (US Route 11).
3.) Additional Right-of-way Dedication
In the interest of future area transportation plan improvements, the applicant hereby
proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional
right-of-way on the Martinsburg Pike (US Route 11) frontage of the property.
File #3949/EAW 2
Greenway Engineering February 18, 2005 Adams Development Group, Inc.
Rezoning
4.) Corridor Improvements, Signalization
In recognition of offsite transportation impacts, the Applicant hereby proffers to
contribute a prorated share of the cost of signalization improvements in the area of
Interstate -81 Exit 321. The Virginia Department of Transportation (VDOT) will
determine the appropriate location for signalization improvements and will determine
when this improvement is warranted. The Applicant will enter into a signalization
agreement with VDOT that will provide a one-time contribution towards the cost of
signalization in a prorated amount to be determined by VDOT based upon the traffic
volume generated by the developed portion of the subject property.
D.) Outdoor Storage Buffer
The Applicant hereby proffers to preserve a continuous strip of existing vegetation on
the west side of the Winchester and Western Railroad, as identified on the
Generalized Development Plan, to screen the outdoor storage area from the MH -1
property to the southwest. The Applicant will preserve a minimum depth of fifty (50)
feet of the existing vegetation adjacent to that approximately 242 foot portion of the
property line shared with the MH -1 zoned property to the south. Should such existing
vegetation be deemed insufficient screen by the Zoning Administrator at the time of
site plan review, the vegetative area will be supplemented with additional landscaping
and/or opaque structures as needed to meet ordinance standards.
E.) North Buffer
The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather
than a fence, as the opaque element within the one -hundred foot wide Category "C" full
screen adjacent to properties to the northeast.
F.) South Buffer
The applicant hereby proffers to utilize a minimum six foot high fence, rather than
earthen berm, as the opaque element within the one -hundred foot wide Category "C" full
screen adjacent to properties to the south.
File #3949/EAW
Greenway Engineering February 18, 2005 Adams Development Group, Inc.
Rezoning
G.) Corridor Appearance Enhancements
The applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S.
Route 11) corridor through the implementation of a low-level earth berm and landscaping
along the frontage of the subject property. This enhancement will be located within a 20 -
foot wide green strip that is located immediately adjacent to and on the west side of the
dedicated 20 -foot right-of-way strip, which will contain an earth berm that is 2 -feet in
height with low-lying shrubs and a single row of deciduous flowering trees that are a
minimum of 1 '/z caliper and planted on 30 -foot centers. This corridor appearance
enhancement will be designed to ensure that sight distance is not negatively impacted at
the commercial entrance to the subject property, and will be provided in conjunction with
the installation of the commercial entrance.
H.) Stormwater Quality Measures
The applicant hereby proffers that all commercial site plans submitted to Frederick
County are designed to implement best management practices (BMP) to promote
stormwater quality measures. A statement will be provided on each commercial site plan
identifying the party or parties responsible for maintaining these BMP facilities as a
condition of site plan approval. The Applicant will ensure that the south buffer fence is
located on the northern side of the stormwater management area channel and will utilize
plantings recommended for riparian zones by the Virginia Department of Forestry to
further protect and enhance this area.
I.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above-described property hereby voluntarily proffers
that in the event rezoning application #&z 0s is approved, the undersigned will pay to
the Treasurer of Frederick County, Virginia the following amount:
$ .015/ building square foot
This payment, potentially totaling $8,325 is intended to offset the additional cost to
Frederick County, and more specifically Frederick County Fire and Rescue, due to an
increased demand on public services. The proffer increments will be paid at the time
of the building occupancy permits.
File #3949/EAW 4
Greenway Engineering February 18, 2005 Adams Development Group, Inc.
Rezoning
J.) Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicant and owner. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
ADAMS DEVELOPEMNT GROUP, INC.
By:
Robert C. Adams, President Date
Commonwealth of Virginia,
City/County of F-re-der(a Co u (1:6T To Wit:
-i�
The foregoing instrument was acknowledged before me this day of 2 rr
20 05by -RV\C�0rk L - k6afn s
Notary Public
My Commission Expires
File #3949/EAW
NARIt a SMIIN
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IMPACT STATEMENT
ADAMS DEVELOPMENT GROUP, INC.
REZONING
Stonewall Magisterial District
Frederick County, Virginia
TM 44-((A))-75
59.71 Acres
June 21, 2004
Revised August 27, 2004
Revised February 18, 2005
Current Owners: Adams Development Group, Inc.
Contact Person: Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 27, 2004
Revised February 18, 2005
ADAMS DEVELOPMENT GROUP, INC. REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County by
the proffered rezoning of a 59.71 acres parcel owned by the Adams Development Group, Inc.
The subject parcel is located on the west side of the Martinsburg Pike (US Route 11), near
the intersection of Jordan Springs Road (Route 664) in the Stephenson area. Interstate 81
forms a boundary on the northwestern edge of the parcel, with the Winchester and Western
Railroad rail line roughly paralleling the Interstate just inside this northwestern side of the
property.
The current zoning is 133, Industrial Transition District with approved proffers. The Adams
Development Group, Inc. proposes to modify the proffer statement guiding the development
of the 59.71 -acre parcel for the purpose of providing additional land uses, revising the
maximum square footage of structural development for the proposed land uses, and to
establish general parameters for the treatment of the stormwater management channel and
wetlands preservation area.
Basic informati
Location: Martinsburg Pike (US Route 11),
near Jordan Springs Road (Route 664)
Magisterial District:
Stonewall
Property ID Numbers:
44-((A))-75
Current Zoning:
B3 Industrial Transition District with approved proffers
Current Use:
Unimproved
Proposed Use:
Office, Self -Service Storage, Wholesale Market
Warehouse, Building materials and Lumber Store
Proposed Zoning:
B3 Industrial Transition District with modified proffers
Total rezoning area:
59.71 acres
Proposed build -out
555,000 square feet maximum
93949/Impact Analysis Statement 2
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 27, 2004
Revised February 18, 2005
COMPREHENSIVE PLAN
The proposed site is being developed in conformance with the Comprehensive Policy Plan,
Northeast Land Use Plan. The subject property is to be developed in commercial and
industrial transition land uses as depicted on page 6-33.4 of the Comprehensive Policy Plan.
1. Urban Development Area
Expansion of the Urban Development Area (UDA) beyond its existing boundary is not
required by this application.
2. Sewer and Water Service Area
Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not
required by this application.
A. SUITABILITY OF THE SITE
Access
The subject site, tax parcels 44-((A))-75, is located on a manmade boundary created by
Interstate 81 on the western edge of the tract and Martinsburg Pike (US Route 11) to the east.
A single entrance on Martinsburg Pike (Route 11) is proffered to accommodate vehicular
access to the subject site. Martinsburg Pike is a three lane arterial road providing for a single
north and south travel lane and a center turn lane along the entire frontage of the subject site.
The availability of rail along the northwest side of the subject site provides opportunities for
rail service.
Finn[] Plaine
The subject site is located on the FEMA NFIP map 4510063-0115-13. The site is located as
"Zone C", area outside the 100 -year flood plain.
Wetlands
The National Wetlands Inventory Map indicates that there are no wetlands on the subject
site. A wet weather stream exists along the southern portion of the subject site, which flows
from the Payne Mobile Home Park through the property and under Martinsburg Pike to Hot
Run. The wet weather stream has been determined to be a regulated waterway by the U.S.
Army Corps of Engineers that is pristine. Therefore, the wetlands area will be enhanced
through the use of riparian zone planting recommended by the Virginia Department of
Forestry.
#3949/Impact Analysis Statement 3
Greenway Engineering
Steep Slopes
June 21, 2004 Adams Development Group, Inc.
Revised August 27, 2004
Revised February 18, 2005
There are no steep slopes (over 50%) on this site.
Mature Woodlands
There are no woodlands on the subject site.
Soil
The following four soil types are identified in this property according to the Soil Survey of
Fredrick County, map sheet number 24 (USDA Soil Conservation Service).
7C-Carbo-Oaklet-Rock outcrop complex 2-15 percent slopes, covers approx. 5% of site
14B-Fredrick-Poplimento Loams 2-7 percent slopes, covers approx. 40% of site
16C-Fredrick-Poplimento Loams, very rocky 7-15 percent slopes, covers approx. 20% of site
29-Massanetta Loam, 0-4 percent slopes, covers approx. 35% of site
The 14B and 29 soil types are identified as prime agricultural soils according to Table 5,
Prime Farmland (Soil Survey of Fredrick County, page 123).
B. SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: Zoned RA District Use: Residential SFD/mobile home
South: Zoned MH1 District
Zoned NI1 District
Zoned RA District
East: Zoned B3 District
Zoned RA District
West: Zoned RA District
Use: Mobile home park
Use: Commercial
Use: Residential SFD
Use: Industrial (APAC Virginia, Inc.)
Use: Institutional (church)
Use: Interstate Highway 81
Use: VDOT Rest area/Welcome Center
43949/lmpact Analysis Statement 4
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 27, 2004
Revised February 18, 2005
C. TRANSPORTATION
The proposed rezoning has proffered a maximum aggregate of 555,000 square feet of
building area, comprised of five specific categories of land uses on the 59.71 -acre parcel. An
analysis of average daily traffic volumes is identified below utilizing Institute of
Transportation Engineers ((ITE)) Trip Generation Manual, 7th Edition volumes.
Adams Commercial Center Land Use & Projected Traffic Volumes
Land Use
Square Footage
ITE Code & Average Rate
VPD
Office
120,000
(710) 11.01/1,000 sq ft
1,322
Self -Service Storage
140,000
(151) 2.50/1,000 sq ft
350
Building Materials &
Lumber Store
25,000
(812) 51.60/1,000 sq ft
1,290
Wholesale Market
150,000
(860) 6.73/1,000 sq ft
1,010
Warehouse
120,000
(150) 4.96/1,000 sq ft
596
Totals:
555,000
4,568
The 2002 VDOT Daily Volume Jurisdiction Report 34 identifies Martinsburg Pike (Route
11) between Old Charles Town Road (Route 76 1) and Cedar Hill Road (Route 67 1) with
6,300 VPD. All vehicle trips entering and exiting the subject site will travel north or south
on Martinsburg Pike to access Interstate 81 (N or S). The Winchester Area Transportation
Study (WATS) does not call for improvements to Martinsburg Pike north of Old
Charlestown Road (Route 761); however the Applicant's proffer provides for dedicated
right-of-way to VDOT for the future widening of Martinsburg Pike and provides for a single
commercial entrance location on Martinsburg Pike to facilitate good access management.
Furthermore, the Applicant's proffer provides for a prorated share of the cost of signalization
improvements in the area of Interstate -81 Exit 321 to assist in the mitigation of off-site
transportation impacts.
The previous proffer statement provided for a maximum square footage of development,
which projected an average daily traffic generation impact of 4,603 VPD. The revised
proffer has provided for a maximum square footage of development, which projects an
average daily traffic generation impact of 4,568 VPD. This revision has been discussed with
VDOT and it was agreed that the transportation proffers from the previous rezoning would be
appropriate to mitigate transportation impacts with the revised traffic projections provided
that the volume was equal to or less than the volumes utilized in the previous rezoning
application.
Please reference Information Compiled From ITE Trip Generation, 7'" Edition
#3949/Impact Analysis Statement 5
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 27, 2004
Revised February 18, 2005
D. SEWAGE CONVEYANCE AND TREATMENT
The 59.71 -acre parcel is located within the Route 11 North Sewer and Water Service Area
(SWSA). There is a newly constructed 8" sanitary sewer force main adjacent to the
Winchester and Western Railroad running north to south through the property.
Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA)
has determined that 500 gallons/day per acre is a reasonable guide for estimating the sewer
impact for this commercial and industrial transition site.
Q=500 gallons/day/acre
Q=500 gpd x 59.71 acres
Q=29,855 gpd
The proposed zoning is estimated to add 29,855 gallons per day to the public sewage
conveyance system and the Opequon Waste Water Treatment plant. The design capacity of
the treatment plant is 8.4 million gallons per day, of which approximately 6.4 is currently
being utilized. The total build -out of the proffered land uses would require approximately
1.5 percent of the available capacity at the Opequon Waste Water Treatment plant; therefore,
adequate capacity is available for this development.
E. WATER SUPPLY
The 59.71 -acre parcel is located within the Route 11 North Sewer and Water Service Area
(SWSA). There is an existing 10" water main in Martinsburg Pike (Route 11) and a newly
constructed 20" water main adjacent to the Winchester and Western Railroad running north
to south through the property.
The existing water consumption patterns, Frederick County Sanitation Authority (FCSA) has
determined that 1,000 gallons/day per acre quantity is reasonable to consider for the water
impact analysis for this commercial and industrial transition site.
Q=1000 gallons/day /acre
Q=1000gpd X 59.71 acres for
Q=59,710 gpd
The proposed uses will utilize an estimated 59,710 gallons of water per day. The Global
Chemstone Quarry is one of three sources contributing to the blended water for the new 20 -
inch water main. This quarry, with 3.75 million gallons per day available capacity, is
serviced by a water treatment facility providing approximately 2 million gallons per day of
potable water. The projected water usage at build -out would account for less than 3 percent
of this portion of the blended water sources. Adequate capacity is available for this
development.
#3949/Impact Analysis Statement 6
Greenway Engineering
F. SITE DRAINAGE
June 21, 2004 Adams Development Group, Inc.
Revised August 27, 2004
Revised February 18, 2005
The 59.71 -acre parcel is gently sloped from the northwest to the southeast. The site
generally drains southeasterly towards an intermittent stream (unnamed on USGS map) along
the southern property line of the site. Stormwater management will be designed to allow for
sheet flow through the paved areas serving the various uses to a stormwater management
pond and then to be released to the existing natural stream system at an acceptable rate. The
stream flows northeast, beneath Martinsburg Pike and into a small pond approximately a
tenth of a mile northeast of the site. Stormwater management design will occur during the
site development plan process, which will require approval by the Frederick County Engineer
and the Virginia Department of Transportation. The design of the stormwater management
facility will be implemented in a manner that will avoid any disturbance of the existing
stream and any associated wetlands. The use of best management practice (BMP) facilities is
proffered to minimize the impact from developed areas.
The following calculations estimate the proposed storm water runoff for a ten-year flow
(Reference: VDOT Drainage Manual):
Existing
C =
0.30 (pasture)
ho
=4.6 in/hr (15min)
A =
59.71 acres
Qto=
82.40 cfs
(Q
= CIA)
Proposed
C = 0.90 (commercial)
Iio= 5.5 in/hr (10 min)
A = 59.71 acres
Qto= 295.56 cfs
(Q = CIA)
Development of the subject site at maximum build -out will therefore result in an increased
runoff of 213.16 cfs. A detailed stormwater evaluation shall be included with any site plan
submittals. A detention pond and other stormwater management facilities will be built to
control storm water discharge into the above referenced unnamed stream.
G. SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities can be projected from an average annual
business consumption of landfill volume figure of 5.4 cubic yards per 1,000 square feet of
commercial floor area (Civil Engineering Reference Manual, 4edition). The following
figures show the increase in average annual volume (based on the proffered 555,000 square
feet of total building area minus the 140,000 square feet proffered to self-service storage,
yielding 415,000 square feet of qualifying area).
AV = 5.4 Cu. Yd. per 1,000 sq. ft.
AV = 5.4 Cu. Yd. x 415 (15000 sq. ft.)
AV = 2,241 Cu Yd at build-out/yr or 1,793 tons/yr
#3949/lmpact Analysis Statement 7
Greenway Engineering June 21, 2004 Adams Development Group, Inc.
Revised August 27, 2004
Revised February 18, 2005
The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of
13,100,000 cubic yards of air space. It is anticipated that the buildout of the subject site will
occur over a 10 -year period. Therefore, the annual solid waste generation from this project is
estimated to be 180 tons. This represents a 0.09% increase in the solid waste received by the
Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons
per year.
H. HISTORICAL SITES AND STRUCTURES
The Frederick County Rural Landmarks Survey identifies one structure within the immediate
area of the subject property, that being Kenilworth (34-113). The Frederick County Rural
Landmarks Survey identifies Kenilworth as a property "potentially eligible for the state and
national register of historic places" (page 250). The Generalized Development Plan depicts
the one hundred foot wide full screen buffer the applicant will provide adjacent to the
Kenilworth property. Along the 504 foot shared property line this buffer will contain a six
foot high berm and more than one hundred and fifty trees and bushes.
The subject site falls within the northwest corner of the core battlefield area boundary of the
Second Winchester engagement (Stephensons Depot phase). However, due to the existing
development surrounding the site, this area is identified as "having lost historic integrity".
I.OTHERIMPACTS
During the previous rezoning application, the Frederick County Capital Facilities Fiscal
Impact Model was applied to the proffered development of 835,575 square feet of
transitional industrial land use. The results of this model run indicated that the development
of the subject site would provide a positive revenue source to Frederick County of
$5,402,768 at build -out; however the model run indicates a fiscal impact to Fire and Rescue
Services. Therefore, the applicant proffered a monetary contribution $0.01 per square foot to
adequately address the impact to Fire and Rescue Services for capital facilities costs which
would generate a revenue of up to $8,355 at project build -out for Fire and Rescue Services.
The revised proffer statement reduces the maximum structural development to 555,000
square feet; therefore, the revised proffer statement increases the Fire and Rescue monetary
contribution to $0.015 per square foot which would generate a revenue of up to $8,325 at
project build -out. No other impacts are anticipated as a result of this rezoning proposal.
#3949/lmpact Analysis Statement
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
' L J i Lli LiJ
FREDERICK COUNTY
PLANNING & DEVELOPMENT
To be completed by Planning Staff
Zoning Amendment Number Date Received
PC Hearing Date 15 0 BOS Hearing Date s Ar
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Greenway Engineering
Address: 151 Windy Hill Lane
Winchester, VA 22602
2. Property Owner (if different than above)
Telephone: (540) 662-4185
Name: Adams Development Group Inc. Telephone: (540) 539-3599
Attn.: Robert Adams
Address: HC 34 Box 30
Bloomery, WV 26817
3. Contact person if other than above
Name: Evan A. Wyatt, AICP
Telephone: (540) 662-4185
4. Checklist: Check the following items that have been included with this application.
Location map X Agency Comments N/A
Plat X Fees X
Deed to property X Impact Analysis Statement X
Verification of taxes paid X Proffer Statement X
5. The Code of Virzinia allows us to request full disclosure of ownershffttg9L
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Adams Development Group, Inc.
6. A) Current Use of the Property: Agricultural, undeveloped (59.71 acres)
B) Proposed Use of the Property: Industrial transition uses
7. Adjoining Property: Please see attached
PARCEL ID NUMBER
USE
ZONING
44-A-2
Residential
RA
44-A-3
Residential
RA
44-A-60
Residential
RA
44-A-61
Residential
RA
44-A-62
Residential
RA
44-A-63
Institutional, church
RA
44-A-64
Institutional, church
RA
44-A-70
Residential
RA
44-A-71
Residential
RA
44-A-72
Residential
RA
44-A-74
Residential
RA
44 -A -75A
Residential
RA
44-A-76
Residential
RA
44 -A -76A
Residential
RA
44 -A -76B
Residential
RA
44 -A -76C
Residential
RA
44 -A -76D
Residential
RA
44-A-89
Industrial
MHl
44 -A -89A
Residential
RA
44-1-D
Commercial
MH 1
8. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
North of the City of Winchester, fronting on the west side of Martinsburg Pike (US Route
11), opposite the intersection with Jordan Springs Road (Route 664)
Information to be Submitted for Capital Facilities Impact
Vlod FFEDE50K COUNTY
4"NNING & DEVELOPMENT
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 44-A-75
Districts
Magisterial: Stonewall High School: James Wood High School
Fire Service: Clearbrook Middle School: James Wood Middle School
Rescue Service: Clearbrook Elementary School: Stonewall Elementary School
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested
59.708
B3
B3 — Proffer
Revision
59.708
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: 0 Townhome: 0 Multi -Family: 0
Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0
Square Footage of Proposed Uses
Office: 120,000 Service Station: u
Retail: 0 Manufacturing: 0
Restaurant: 0 Warehouse: 120,00.0_ N ft
Other: 120,000 sq ft self-service storage: 25,000 sq ft building materials & lumber
store; 150,00 sq ft wholesale
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: Greenway Engineering
B �
Evan A. Vyatt, AICP
Owner(s): Adams Development Group, Inc.
B
Robert C. Adams, President
I -I -E �
Date
s
Date
Y `
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) Robert C. Adams, President Adams Development Group, Inc. (Phone) (540) 539-3599
(Address) HC 34 Box 30 Bloomery, WV 26817
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. 030015420 on Page and is described as
Parcel: 75 Lot: Block: A Section: 44 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
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 otherwiserescinded or
modified.
In witness thereof, I (we) have
hereto set my (our) hand and seal this 18th day of February, 2005
Signature(s)
State of Virginia, City/County ofFrederick, To -wit:
I, _�'_SSl Crn H W I I � , 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
acknowledged the same
bef/ore me in the jurisdiction aforesaid this 18th day of February, 2005.
( _. � / ( My Commission Expires: GiL'�1-X11,21 CuT'
T f ry Public
Adjoining Property Owners
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name Robert L. MORELAND
162 Moreland Lane
Clearbrook, VA 22624
Property # 44-A-2
Name Gary L. and Pamela L. PAYNE
P.O. Box 121
Stephenson, VA 22656
Property # 44-A-3
Name Weldon G. and Alice C. OATES
2674 Martinsburg Pike
Stephenson, VA 22656
Property # 44-A-60
Name Ernest R. and Mary K. BAILEY, Trustees
P.O. Box 43
Stephenson, VA 22656
Property # 44-A-61
Name Donald E. and Kimberly L. COOK
P.O. Box 39
Stephenson, VA 22565
Property # 44-A-62
Name Emmanuel United Methodist Church
2732 Martinsburg Pike
Stephenson, VA 22565
Properly # 44-A-63
Name Emmanuel United Methodist Church
2732 Martinsburg Pike
Stephenson, VA 22565
Property # 44-A-64
Name David B. GRIM
159 N. Loudoun Street
Winchester, VA 22601
Property # 44-A-70
Name David B. GRIM
159 N. Loudoun Street
Winchester, VA 22601
Property # 44-A-71
Name and Property Identification Number
Address
Name Richard D. DEMOREST
P.O. Box 233
Clearbrook, VA 22624
Property # 44-A-72
Name Robert A. and Tammy L. WRIGHT
2687 Martinsburg pike
Stephenson, VA 22656
Property # 44-A-74
Name Charles W. ORNDOFF
2897 Martinsburg Pike
Stephenson, VA 22565
Property # 44 -A -75A
Name Florence H. SHUSTER, et al
P.O. Box 202
Stephenson, VA 22565
Property # 44-A-76
Name Deborah A. MULLr S
P.O. Box 243
Stephenson, VA 22565
Property # 44 -A -76A
Name Ann H. WILDER
P.O. Box 251
Stephenson, VA 22565
Property # 44-A-7613
Name Florence H. CONARD
PO. Box 202
Stephenson, VA 22565
Property # 44 -A -76C
Name Dorothy L. HIETT
P.O. Box 380
Arthurdale, WV 26520
Property # 44 -A -76D
Name APAC-Virginia, Inc.
P.O. Box 14000
Lexington, KY 40512
Property # 44-A-89
Name L. F. Franklins & Sons, Inc.
c/o APAC-Virginia, Inc.
P.O. Box 14000
Lexington, KY 40512
Property # 44 -A -89A
Name O. L. and Ruth B. PAYNE
P. O. Box 160
Stephenson, VA 22565
Property # 44-1-D
Adams Commercial Center - Location Map Greeenwaynway Grey
Engineering
February 2005
VICINITY MAP
SURVEYORS CERTIFICATE
1, EDWARD W. DOVE, A DULY CERTIFIED LAND SURVEYOR IN THE COMMONWEALTH
OF VIRGINIA DO HEREBY CERTIFY THAT THE LAND SHOWN HEREON IS NOW IN
THE NAME OF THE ADAMS DEVELOPMENT GROUP, INC. AND WAS ACQUIRED BY THEM
BY DEED FROM BROWN LOVETT. JR. BY HIS ATTORNEY-IN-FACT, CATHERINE C.
LOVETT. THE DEED WAS DATED JULY 16, 2003, AND RECORDED AT INSTRUMENT
#030015420 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA.
I FURTHER CERTIFY THAT THE SURVEY IS CORRECT TO THE BEST OF MY
KNOWLEDGE. j
SURVEYOR
STATE OF VIRGINIA
COUNTY OF FREDERICK, TO -WIT:
I, GREGORY R. SHAUGHNESSY, A NOTARY PUBLIC IN AND FOR THE
STATE OF VIRGINIA AND COUNTY OF FREDERICK, DO HEREBY CERTIFY THAT
THIS DAY PERSONALLY APPEARED BEFORE ME EDWARD W. DOVE, WHOSE
NAME IS SIGNED TO THE FOREGOING INSTRUMENT DATED 3RD DAY OF
SEPTEMBER, 2003, AND ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE
AND COUNTY AFORESAID.
GIVEN UNDER MY HAND THIS 3RD DAY OF SEPTEMBER.
MY COMMISSION EXPIRES NOVEMBER 30. 2005.
NOTARY PUBLIC
BOUNDARY SURVEY
ON THE
PROPERTY OF
THE ADAMS DEVELOPMENT
GROUP, INC.
INSTRUMENT #030015420
STONEWALL DISTRICT
FREDERICK COUNTY, VIRGINIA
THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TI1LE REPORTI DATE: JULY 29, 2003
AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY.
OWNER: THE ADAMS DEVELOPMENT GROUP, INC. W.O. # D2014
FLOOD NOTE -
ZONE. C COMMUNITY NO: 510063 PANEL:- 0110 B DATE: 7-17-78
Dow ENGINEERS
PLANNERS
& ASSOCIATES SURVEYORS
3078 SHAWNEE DRIVE
P.O. BOX 2033 1 OF 2
WINCHESTER, VIRGINIA 22601
(540)667-1103 doveinc®visuallink.com
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#030015420
3. RF= REBAR FOUND, RS= REBAR TO BE SET
THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT
AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY.
JULY 29, 2003 SCALE' 1" = 400'
DATE: '
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DATE: 7-17-78
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INSTRUMENT #030015420
1. TAX ASSESSMENT MAP NO. 44—A-75
STONEWALL DISTRICT
2. CURRENT INSTRUMENT IN CHAIN OF TITLE IS
FREDERICK COUNTY, VIRGINIA
#030015420
3. RF= REBAR FOUND, RS= REBAR TO BE SET
THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT
AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY.
JULY 29, 2003 SCALE' 1" = 400'
DATE: '
OWNER: THE ADAMS DEVELOPMENT GROUP, INC.
W.O. # D2014
FLOOD NOTE -H
ZONE: C COMMUNITY NO: 510063 PANEL:- 0110 8
DATE: 7-17-78
ENGINEERSD=
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PLANNERS
EDWARD W. DOVE
& ASSOCIATES SURVEYORS
CERT. N0.
54-17-3(A) 964
3078 SHAWNEE DRIVE
'71/ 514 04
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P.O. BOX 2033
WINCHESTER, VIRGINIA 22601
2 OF 2
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(540)667-1103 doveincOvisuallink.com
MASTER DEVELOPMENT PLAN #05-05
BRIARWOOD III
Staff Report for the Planning Commission Public Meeting
Prepared: March 1, 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: 03/16/05 Pending
Board of Supervisors: 04/13/05 Pending
LOCATION: This property is located east of Greenwood Road (Route 656), south and adjacent
to Briarwood Subdivision.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 55-A-200
PROPERTY ZONING & PRESENT USE:
Zoned: RP( Residential Performance) Use: Unimproved
ZONING & PRESENT USE OF ADJOINING PROPERTIES:
North: RP (Residential Performance)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RP (Residential Performance)
Use: Single Family (Briarwood)
Use: Undeveloped
Use: Undeveloped
Use: Single Family (Briarwood)
PROPOSED USE: 69 Single Family Detached Urban Dwelling Units.
REVIEW EVALUATIONS:
IONS:
Virginia Department of Transportation: The preliminary master development pian for this
property appears to have a measurable impact on Route 656, the VDOT facility which would
MDP #05-05, Briarwood III
March 1, 2005
Page 2
provide access to the property. Before making any final comments, this office will require a
complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip
Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all
right-of-way needs, including right-of-way dedications, traffic signalization, and off-site
roadway improvements and drainage. Prior to construction on the State's right-of-way, the
developer will need to apply to this office for issuance of appropriate permits to cover said work.
Frederick County Fire Marshal: Fire Dept. access shall be maintained at all times.
Construction material shall not be placed in roadways which might obstruct hydrants or access.
General access to the subdivision is not ideal. There is only one road that services the entire 69
houses unless future connections are provided. This would also affect emergency vehicle travel.
Project buildout may require additional waterlines, fire hydrants or other fire protection
requirements which may be addressed during the site plan process. Water supply for firefighting
shall be available as soon as combustible materials arrive on site. Plan approval recommended.
Frederick County Public Works: Refer to the proffer statement, paragraph 9.2, III: This
paragraph makes the Home Owners' Association (HOA) responsible for "common solid waste
disposal programs, if they decide to use a commercial collection company." We recommend that
the latter part of this statement be deleted with the HOA totally responsible for solid waste
disposal. The adjacent Greenwood convenience site cannot handle the current solid waste flow
much less an increase. Therefore, it is imperative that the responsibility for solid waste
collection be borne by the HOA or developer. It appears that the actual percentage of
disturbance of wetlands will be much higher than the indicated 36 percent. This conclusion is
based on the fact the development of the lots will destroy existing wetlands in addition to the
construction of the proposed roads and stormwater management facilities. Based on our recent
site visit, it appears that the existing woodland area definitely exceeds the zero percent indicated
under environmental features. An accurate delineation should be determined based on recent
field surveys and reflected on the master development plan.
Frederick County Sanitation Authority: 2nd review — approved.
Frederick County Inspections Department: Demolition permit is required prior to removing
any existing structures. No additional comment required at this time. Shall comment at the time
of subdivision review.
Frederick -Winchester Service Authority: No comments.
Geographic Information Systems (GIS): These road names are approved and accepted into
the Frederick County Road Name System: Farmington Blvd., Loganberry Lane, Poppy Lane,
and Tiger Lilly Lane. Mistflower Lane must be denied as a duplication name already in the
system. Marigold Lane has been approved and added to the Frederick County Street Name list.
Frederick County — Winchester Health Department: Health Dept. has no objection as long
as water and sewer facilities are provided.
MDP #05-05, Briarwood III
March 1, 2005
Page 3
Frederick County Department of Parks and Recreation: Plan appears to meet open space
requirements. Also, monetary proffers offered for recreational purposes appear to be appropriate
to offset the impact this development will have on the Parks and Recreation services provided by
the County.
Winchester Regional Airport: The proposal was reviewed. While the proposed development
lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan will
not impede operations at the Winchester Regional Airport.
Frederick County Public Schools: Based on the information provided, it is anticipated that the
proposed 69 single family houses will yield 12 high school students, 10 middle school students,
and 27 elementary school students for a total of 49 new students upon buildout. 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 (Haggerty Project, Abrams Point Project, and Fieldstone
Heights), coupled with the number of approved, undeveloped residential lots in the area and
other projects in this area will necessitate a future construction site of 15 to 20 acres for the
purpose of a new elementary school facility to accommodate increased student enrollments. The
impact of this rezoning on current and future school needs should be considered during the
approval process.
City of Winchester: No comments.
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
This property is located east of Greenwood Road (Route 656), south and adjacent to
Briarwood Subdivision.
C) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts
the zoning of the subject parcel as A-2 (Agricultural General) District. 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
MDP #05-05, Briarwood III
March 1, 2005
Page 4
of the subject property and all other A-1 and A-2 zoned land to the RA District. On
October 10, 2004 this parcel was rezoned with proffers from the RA (Rural Areas)
District to the RP (Residential Performance) District.
D) Intended Use
The applicant proposes to construct 69 Single Family Detached Urban Dwelling Units as
proffered with the approved rezoning.
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-I]
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 property is located entirely within the UDA. There are no small area land
use plans found in the Frederick County Comprehensive Policy Plan for the site. In
accordance with the Frederick County Comprehensive Policy Plan, "any new suburban
residential development served by sewer and water will have to be located within the
UDA." As such, the subject proposal is consistent with this general land use policy.
(Comprehensive Policy Plan, p. 6-5)
Environment:
The subject 30 -acre parcel contains woodlands and areas of wetlands; wetlands of which
approximately 1.3 9 acres. A central intermittent stream channel bisects the site from
south to north draining through the Briarwood Estates subdivision. The ordinance
required Riparian Buffers will be provided on either side of the channel to maintain the
stream's integrity.
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. These types of soils are common on land located east of Interstate 81. They
present 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
MDP #05-05, Briarwood III
March 1, 2005
Page 5
through the site engineering process associated with subsequent development
applications for the proposed project.
Transportation:
The subject site is accessible via Farmington Boulevard, a road classified as a minor
collector road by the Eastern Road Plan. The Eastern Road Plan indicates that
Farmington Boulevard will traverse the subject site in an east -west manner, linking
Greenwood Road and Channing Drive. Farmington Boulevard will ultimately travel
through various residential neighborhoods: the Briarwood, Lynnhaven, and Sovereign
Village subdivision, and the Briarwood III property. Per the rezoning proffers, the
applicant has also provided traffic calming measures along the Farmington Boulevard to
lessen impacts on the residents. Farmington Boulevard currently intersects with
Greenwood Road at an unsignalized intersection. With the rezoning, the applicant
proffered to enter into a signalization agreement with VDOT.
F) Waivers
Pursuant to § 165-33B(3), of the Frederick County Zoning Ordinance, The disturbance of
natural waterways and riparian buffers is prohibited, except when necessary for public
utilities, public facilities, or roads. Section 165-33C of the Zoning Ordinance states that
"in residential developments, the areas of undisturbed environmental features described
in §165-31B shall be located in areas of open space. However, the Planning Commission
may allow undisturbed areas to be included in the required setback and yard areas on
residential lots when the extent, location, and disturbance of environmental areas make it
impractical to place the undisturbed areas in common open space." The applicant for the
Briarwood III MDP is requesting a waiver to this requirement.
Staff Comment: This waiver would allow undisturbed portions of the riparian buffer to
be located in the required setback and yard areas on some of the residential lots. Staff is
concerned that the placement of such an environmental feature in a residential lot will
result in the loss of integrity of this feature, and therefore defeats the purpose of
preserving this area.
STAFF CONCLUSIONS FOR THE 03/16/05 PLANNING COMMISSION MEETING:
Upon resolution of the riparian buffer waiver this Master Development Plan will be consistent
with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The
preliminary master development plan is also in accordance with the proffers of the rezoning and
has addressed all of staff's concerns. All of the issues identified by the Planning Commission
and review agencies should be appropriately addressed by the applicant prior to a
recommendation to the Board of Supervisors.
Following the Planning Commission discussion, it would be appropriate to forward a
recommendation to the Board of Supervisors regarding this MDP conformance with County
codes and review agency comments. All issues and concerns raised by the Planning
Commission will be forwarded to the Board of Supervisors for their consideration.
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APPLICATION
MASTER DEVELOPMENT PLAN
t .on Package
FRED R`GK COUNTY
PLA1M,IH`IG ('�: DEVELOPMENT
Department of Planning and Development Use Only
Date application received � Application # 9-T-09
Complete - Date of acceptance
Incomplete - Date of Return
1. Project Title:
Briarwood III
2. Owner's Name:
Briarwood, LC
205 N. Cameron Street
Winchester, VA 22601
*Please list the names of all owners or parties in interest:
David B. Holliday
3. Applicant:
Patton Harris Rust & Associates pc
Address:
c/o C.E_._ Maddox, Jr. P.E. Senior VP
117 E. Piccadilly St., Winchester VA 22601
Phone:
(540) 667-2139
4. Design Company: Patton Harris Rust & Associates, vc
Address: 117 E. Piccadilly Street
Winchester, VA 22601
Phone Number: (540) 667-2139
Contact Name: C.E. Maddox, Jr., P.E. Senior VP
Ln
if D)
RE-
ED; 2 2i 1�
APPLICATION, cont'd
MASTER DEVELOPMENT PLAN
5. Location of Property: East of Greenwood Road (Route 656), south and
adjacent to the Briarwood Subdivision.
6. Total Acreage: 29.9891 acres
7. Property Information:
a) Property Identification Number (PIN): 55-A-200
b) Current Zoning: RP
c) Present Use: Unimproved
d) Proposed Use: 69 Single Family Detached -
Urban Dwelling Units
(12,000 s. f. lots — minimum)
e) Adjoining Property Information: See Attached
Property Identification Property Uses
North
South
East
West
f) Magisterial District: Red Bud
8. Is this an original ot- amended Master Development Plan?
Original X Amended
I have read the material included in this package and understand what is required by the Frederick
County Department of Plamaing and Development. I also understand that the master development
plan shall include all contiguous end under single or common ownership. All required material
will be complete prior to ffiv liission of my master development plan application.
Signature: XI/Y/ `— Date:
2
Briarwood Section 3
ID #
Name
Address
ZoniuLy
Use
5.5-A-184
Bettie E Winslow
711 Greenwood Road, Winchester, VA 22602
RP
Residential
55-A-192
Greenwood Baptist Church
778 Greenwood Road, Winchester, VA 22602
RA
Religious.
55-A-20.1
Orrick Cemetery Co., Inc.
501 S. Braddock Street, Winchester, VA 22601
RA
Agricultural
55J-1-1-1,-
Rae an P & Jose R Rangel
102 Goldenrod Road, Winchester, VA 22602
RP
Residential
55J-1-1-8
Richard L & Sharon K Ivy
100 Goldenrod Road, Winchester, VA 22602
RP
Residential
55J-1-1-9
Randy L & Heafher C Stotler
101 Orion Ct., Winchester, VA 22602
RP
Residential
55J-1-1-10
Ruth H Tensley
103 Orion Ct., Winchester, VA 22602
RP
Residential
55J-1-1-11
Steven L Lamm & Angela Greenwalt
105 Orion Ct., Winchester, VA 22602
RP
Residential
55J-1-1-12
Marlon A & Cynthia D Coffey
107 Orion'Ct., Winchester, VA 22602
RP
Residential
55J-1-2-30
Robert & Jennifer Douglas
302 Lilys Way, Winchester, VA 22602
RP
Residential
55J-1-2-31
Lamont L & Lorretta E Lashley
304 Lilys Way, Winchester, VA 22602
RP
Residential
55J-1-2-32
Christopher L & Vicki L White
306 Lilys Way, Winchester, VA 22602
RP
Residential
55J-1_-2-33
Alan C & Diane L Van Amburg
308 Lilys Way, Winchester, VA 22602
RP
Residential
55J-1-2-34
Rhonda Mason
310 Lilys Way, Winchester, VA 22602
RP
Residential
55J-1-2-35
Richard C Edlich
312 Lilys Way, Winchester, VA 22602
RP
Residential
55J-1-2-36
-BarryP & Vicki L Robertson
119 Whitfield Cir., Stephens City, VA 22655
RP
Vacant
55J -1-2-36A
Briarwood Estates Homeowners Assoc.
P.O. Box 746, Stephens City, VA 22655
RP
Vacant
55J-1-6-112
John D & Susan L Wallace
318 Lilys Way, Winchester, VA 22602
RP
Residential
55J-1-6-114
David F & Lynn K Gwinn
202 Trefoil Ct., Winchester, VA 22602
RP
Residential
55J-1-6-115
Alan R & Leigh Ann S Saville
204 Trefoil Ct., Winchester, VA 22602
RP
Residential
55J-1-6-116
Barrett & Carla Hopper
206 Trefoil Ct., Winchester, VA 22602
RP
Residential
55J-1-6-117
Mark E & Laura L Cave
208 Trefoil Ct., Winchester, VA 22602
RP
Residential
.55J-1-6-118
Christopher S & Carla A Hammond
210 Trefoil Ct., Winchester, VA 22602
RP
Rvei�Pntial
c� Special Limited Power of Atto
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County of Frederick, Virgin � � ,_ ` _; 2 2
Frederick Planning Web Site: www.co.fred eric .va.us
Department of Planning & Development, County of Frederick, Vi ,PL AWivlly a �uEVEL l�Ef�T
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) BRIARWOOD, LC (Phone) 667-2120
(Address) 205 N. Cameron Street Winchester VA 22601
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book 810 on Page 1279 and is described as
Parcels: 200 Lot: Block:—A Section/Tax Map 55 Subdivision: N/A
do hereby make, constitute and appoint:
(Name) PHR+A - C. E. Maddox Jr.; Chris Mohn• Tom Price,• Ron Mislows (Phone) 667-2139
(Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601
To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including
Rezoning (including proffers)
_ Conditional Use Permits
X Master Development Plan (Preliminary and Final)
X Subdivision
Site Plan
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified. �q
In witness thereof, I we) have here t my (our) hand and seal this day of`Wbe✓ 7V J 2005,
Signature(s
State of Virginia, City/L92rity of FREDERICK To -
I, -Y-{-a a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personal appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this''_ day of F,6b , 200G.
`, My Commission Expires:_0.31-06
Notary Pu