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PC 06-05-02 Meeting AgendaAGENDA FREDERICK COUNT' PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia ,TUNE 5, 2002 7:00 P.M. CALL TO ORDER TAB 1) April 17, 2002 and May 1, 2002 Minutes ................................... (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Rezoning #02-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 acres from RA (Rural Areas) to B2 (Business General) District. This property is located approximately 200 feet east of the intersection of Gore Road (Rt. 75 1) and Northwestern Pike (Rt. 50), on the south side of Northwestern Pike (Rt. 50), and is identified with Property Identification Number 28 -A -63C in the Back Creek District. (Ms. Kennedy).......................................................(B) 5) Rezoning #03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone .73 acres from RP (Residential Performance) to B2 (Business General) District. This property is located at the southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial District. (Mr. Camp) ........................................................ (C) 6) Rezoning #04-02 of Kimerly G. -Henry, submitted by Painter -Lewis, P.L.C., to rezone .557 acres from B2 (Business General) to B3 (Industrial Transition) District, and .765 acres from B3 (Industrial Transition) to B2 (Business General) District. The parcels are located on Fort Collier Road, between Baker Lane and Huntington Meadows subdivision, and are identified with Property Identification Numbers 54-8-41, 42, 23, 24, 25 & 26 in the Stonewall Magisterial District. (Mr. Lawrence) ..................................................... (D) 7) Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Berryville Pike (Rt. 7), east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Berryville Pike (Rt. 7), and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. (Mr. Lawrence) .......................................................(E) 8) Other J C J 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 April 17, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Robert A. Morris, Shawnee District; William C. Rosenberry, Shawnee District; Jolm H. Light, Stonewall District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Vincent DiBenedetto, Winchester Planning Commission Liaison; and Jay Cook, Legal Counsel ABSENT: Charles E. Triplett, Gainesboro District; Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; and Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison. STAFF PRESENT: Evan A. Wyatt, Planning Director, Eric R. Lawrence, Deputy Planning Director; Jeremy F. Camp, Planner II; Abbe S. Kennedy, Senior Planner; Rebecca Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MARCH 6, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the minutes of March 6, 2002 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans and Programs Subcommittee (CPPS) - 05/08/02 Mtg. Commissioner Light reported that the CPPS discussed a request for the potential expansion of the Sewer and Water Service Area on Rt. 277 for the Bowman property. Commissioner Light said that the CPPS recommended approval of the request. Frederick County Planning Commission Minutes of April 17, 2002 Page 844 -2 - Transportation Committee Conunissioner Kriz reported that he received a copy of a letter from Don Taylor, Chairman of the Frederick County Transportation Committee, that he wrote to Olivia Welch, the Staunton District Representative to the Commonwealth Transportation Board. Commissioner Kriz read the first paragraph of the letter which basically stated that a polling of the five voting members of the Transportation Committee resulted in four members voicing support of the Rt. 37 Eastern Bypass and one member abstained. Economic Development Commission (EDC) - 04/05/02 Mtg. Commissioner Thomas reported that Mr. Patrick Barker has been selected as the new Economic Development Conunission Director. Conunissioner Thomas reported the following statistics that were received at the EDC's meeting: 1992-2000 median Frederick County income has increased about 25.1 %; the state-wide average is 26.9%; Frederick County is, therefore, trailing below the state-wide average for median income during this period. Also, during this period, Frederick County has experienced a 30% decrease in inquiries for new businesses moving into the area; many of the inquiries received to -date have been seeking industrial lots with rail access and lots of 50 acres or greater. Conunissioner Thomas remarked that the County is very lacking in both of those categories. City of Winchester Planning Commission Mr. Vincent DiBenedetto, Chairnian ofthe City of Winchester Planning Commission, reported that the Connlusslon reviewed one preliminary subdivision which raised issues concerning housing developments adjacent to Frederick County. Mr. DiBenedetto introduced several members of the City Planning Commission who were in the audience, Vice Chairwoman Susan Masters, Mr. Phil Weber, and Mr. Nate Adams. PRESENTATION SAFER TRANSPORT AND ROADWAYS (STAR) SOLUTIONS PRESENTATION REGARDING PUBLIC-PRIVATE TRANSPORTATION ACT (PPTA) PROPOSAL_ FOR INTERSTATE 81 IMPROVEMENTS Director Evan A. Wyatt introduced Mr. Jinuny Mills, a representative of Wilber -Smith Associates, who is a part of the STAR (Safer Transport and Roadways) Solutions consortium, which is a group of engineers and transportation planners who are interested in conducting the 1-81 widening project. Frederick County Planning Commission Minutes of April 17, 2002 Page 845 -3 - Director Wyatt explained that the STAR Solutions proposal is possible because of the Public -Private Transportation Act (PPTA) that was enabled in 1995. Mr. Jimmy Mills of Wilber -Smith Associates, an international consulting firni, described his professional background for the Commission; he said that he has been in transportation about 39 years and has worked for VDOT for the last 37 1/2 years. Mr. Mills gave a slide presentation and explained that the conceptual plan for the I-81 widening includes: at least four lanes in each direction; separation of cars from trucks; begin constriction one year after reaching a comprehensive agreement with VDOT; complete all 325 miles in 15 years; substantially fiinded by electronically -collected toll on tricks, and new facilities for tricks. Mr. Mills described who would comprise the STAR Solutions Team, including the project managers, the Virginia construction firms, the Virginia design and engineering firms, the financial team, and the legal, lobbying, and public relations team. He also described the financing plan and the development schedule. In addition, Mr. Mills explained the PPTA and the PPTA process. Mr. Mills next answered questions from the Planning Commission. One ofthe questions raised was how integral Rt. 37 was, in this particular area to the I-81 proposal. Mr. Mills replied that they are well aware that Rt. 37 could provide a great deal of relief for the Rt. 50 interchange with I-81 because of the way the traffic moves to the Rt. 50 interchange and then goes east. Mr. Mills believed Rt. 37 is an integral part of moving traffic through the Winchester area, it's an integral part of dealing with the problems at various interchanges within the Winchester area, and he believed it was a viable option and one the State should use. Along that same subject, a question was raised concerning how much right-of-way would be needed and Mr. Mills replied that if Rt. 37 is not an option, businesses will have to be bought in the area of the Rt. 50 interchange in order to make the project work. He explained that if Rt. 37 is a part of the project, traffic can be separated easier and can be moved through the area easier. Mr. Mills was also asked for reassurance that the STAR Solutions group would take into account some of the localities' adopted long-range transportation studies and plans while moving from the conceptual stage to the actual design phase. It was pointed out that the Winchester Area Transportation Study (WATS) was developed over a seven-year period and adopted and would be important to be included early in the design process. Mr. Mills stated that once they are given the okay by VDOT to begun the detailed proposal, he would prefer to meet and work with all the localities to hear the concerns and long-range plans. Various questions were also raised concerning the Norfolk -Southern Rail Study, environmental impacts, such as noise and air pollution, construction effects on streams and groundwater, the public hearing process, costs, and tinning. Copies of Mr. Mills' presentation were made available to all the Planning Commissioners. PUBLIC HEARINGS Proposed Amendment to the Frederick County Code, Chapter 144, Subdivision Ordinance, Article IV, Subdivision Review Procedures, Section 144-9, General Procedure, and Section 144-12, Subdivision design plan; a proposed amendment to the Frederick County Code, Chapter 144, Subdivision Ordinance, Article VI, Plan Requirements, Section 144-36, Subdivision Design Plans; and a proposed amendment to the Frederick County Code, Chapter 165, Article XIX, Section 165-144, Activities Requiring Site Frederick County Planning Commission Minutes of April 17, 2002 Page 846 -4 - Plans, and Section 165-145, Site Plan Applications; Review, and Section 165-146, Site Plan Contents. These amendments were designed to improve the site plan and subdivision design plan review process. Action - Reconunended Approval Planning Director Evan A. Wyatt commnented that the staff had presented a summary of this proposed ordinance amendment to the Board of Supervisors under a discussion format. Director Wyatt said that the Board of Supervisors was comfortable with the concept, however, they wanted to have a discussion opportunity with the fiill text amendment in front of them before they held a public hearing. He explained that this item is scheduled for the Board's discussion at their upcoming meeting on April 22, 2002, Planner Jeremy F. Camp stated that the Development Review and Regulations Subcommittee (DRRS) and staff proposed the amendments which are aimed at eliminating redundancy and improving the review process for site plans and subdivision design plans. Planner Camp said that the proposed amendments would also clarify some of the ambiguities that exist in the current text of the zoning ordinance, specifically regarding the information that is needed to be provided on each plan. He advised that the changes will assist the staff with the review process, as well as help engineers, land surveyors, and architects to prepare site plans and subdivision design plans more proficiently. Plamler Camp briefly reviewed the changes, as the Commission had already reviewed and discussed the amendments on several occasions. Chairman DeHaven called for public cormncnts on this text amendment, however, no one came forward to speak. Other than some procedural questions, members of the Commission had no outstanding concerns with the proposed amendments. Commmission members believed the amendments were appropriate. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed amendment to the Frederick County Code, Chapter 144, Subdivision Ordinance, Article IV, Subdivision Review Procedures, Section 144-9, General Procedure, and Section 144-12, Subdivision Design Plan; the proposed amendment to the Frederick County Code, Chapter 144, Subdivision Ordinance, Article VI, Plan Requirements, Section 144-36, Subdivision Design Plans; and the proposed Amendment to Chapter 165, Article XIX, Section 165-144, Activities Requiring Site Plans, and Section 165- 145, Site Plan Applications; Review, and Section 165-146, Site Plan Contents. These amendments were designed to improve the site plan and subdivision design plan review process. Proposed Amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-27E, Parking Lots. The proposed amendment is intended to modify the requirements for drive-in lanes. Action - Reconunended Approval Frederick County Planning Commission Minutes of April 17, 2002 Page 847 -5 - Planning Director Evan A. Wyatt recalled for the Conunission that this amendment was needed because the current requirements are vague. Director Wyatt said the current requirements specify a minimum drive-in lane width, but it does not state whether or not facilities are permitted within the stated width, such as raised islands for canopy supports, pnuematic tubes, ATM machines, etc. He stated that the amendment, which clarifies the requirements, was prepared with input from site design and architectural design professionals and has been discussed by the Development Review and Regulations Subcommittee (DRRS). He added that both the Planning Commission and the Board of Supervisors have also had the opportunity to discuss this amendment at previous meetings and to his knowledge, everyone seemed comfortable with the amendment. Chainruan DeHaven called for public continent, however, no one came forward to speak. No issues or questions were raised by the Conunission members. The Commission believed the amendment as presented was appropriate. Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Plamling Commission does hereby unanimously recommend approval of the amendment to the Code of Frederick County, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-27E, Parking Lots, to modify the requirements for Drive -In lanes. Proposed amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-37E, Road Efficiency Buffers, and Article XXII, Definitions. The proposed amendments are intended to modify the requirements for residential road efficiency buffers pertaining to their location and landscaping elements, and to provide for support definitions. Action - Recommended Approval Planning Director Evan A. Wyatt stated that the Development Review and Regulations Subcommittee (DRRS) considered a proposal to modify the requirements for residential road efficiency buffers. He explained that a road efficiency buffer is intended to provide for a distance separation between residential land uses and higher road systems ranging from major collector to interstate systems. He said the road efficiency buffer requires a landscape element and in some instances, requires an opaque element. Director Wyatt explained that the current requirements for road efficiency buffers do not prohibit the buffer from being within a residential lot and do not allow the residential lot owner to make any use of the buffer area. Director Wyatt advised that the proposed amendments are intended to remove the inactive portion of the road efficiency buffer from the residential lot, to require the landscaping and opaque elements to be located outside of the residential lot, and to allow the property owuicr to place accessory structures within the active portion of the road efficiency buffer, if it is situated within the residential lot. Planning Director Wyatt continued, stating that the proposed road efficiency buffer amendments have been discussed by the DRRS, the Planning Commission, and the Board of Supervisors. He said that all bodies believed the proposed amendments were appropriate and felt the proposed amendments Frederick County Planning Commission Minutes of April 17, 2002 Page 848 KIM should be advertised for a public hearing. Commissioner Gochenour inquired about Nvho was responsible for installing the buffer elements. Director Wyatt replied that the developer is responsible for the plan design and installing the elements; once the element is installed, it is within the homeowners associations' open space and once the homeowners association assumes responsibility of the open space, it is their responsibility to maintain the area. He added that the site installation is bonded to insure completion. Commissioner Straub inquired if Director Wyatt could give an example of an "active buffer." Director Wyatt explained that a buffer can be thought of as a distance; the distance is broken into two segments, an "inactive segment" and an "active segment." He said the "inactive segment" may include the edge of curb from the road, a grass and tree planted area, and a fence, which are not within the residential lot. He said that once behind the fence, the "active segment" is within the residential lot itself and is owned by the homeowner. He stated that the distance from the road to the house remains the same. Chairman DeHaven called for public continents, however, no one came forward to speak. No other issues or questions were raised and the Commission believed the amendment was appropriate as presented. Upon motion made by Coni nissioner Kriz and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-37E, Road Efficiency Buffers, and Article XXII, Definitions. The proposed amendments are intended to modify the requirements for residential road efficiency buffers pertaining to their location and landscaping elements, and to provide for support definitions. Proposed amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article V, Rural Areas District, Section 165-54B, Family Division Lots, and Article XXII, Definitions. The proposed amendments are intended to identify qualifying immediate family members for family division lots and to provide for support definitions. Action - Tabled for 60 Days Planning Director Evan A_ Wyatt stated that this item was taken back to the Development Review and Regulations Subcommittee (DRRS) again for additional discussion and clarification; therefore, this text amendment has not been through discussion at either the Planning Commission or Board of Supervisors' level. Director Wyatt recommended tabling of the public hearing, but to go ahead and have the discussion by the Plamiing Commission under "Other" on the Commission's agenda. Chairman DeHaven asked if anyone in the audience had come to speak regarding the proposed amendments. No one came forward to speak. Frederick County Planning Conunission Minutes of April 17, 2002 Page 849 -7 - Upon motion made by Commissioner Thomas and seconded by Conunissioner Gochenour, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table the proposed amendments, intended to identify qualifying immediate fancily members for family division lots and to provide for support definitions, for 60 days. PUBLIC MEETING Waiver Request of Eastgate Commerce Center, submitted by G. W. Clifford & Associates, Inc., for an exception to the Frederick County Zoning Ordinance, Chapter 165-31 (6) regarding steep slopes. The property is identified with P.I.N.s 76-A-53, 76 -A -53A, 76 -A -53B, 76 -A -53C, 76 -A -53D, and 87-5-17 in the Shawnee Magisterial District. Action - Reconunended Approval Deputy Planning Director Eric R. Lawrence stated that staff has received a request from G. W. Clifford & Associates, Inc., on behalf of Wright's Run L.P., the current owner of the Eastgate Commerce Center. Deputy Director Lawrence said the request is to increase the steep slope disturbance on the southern portion of the Eastgate Commerce Center and would apply to the 235.75 -acre master planned project, zoned B2, B3, and M 1. He explained that the applicant is requesting to be pennitted to disturb up to 50 percent of the steep slopes on this site in order to more fully develop the property for industrial use; this will result in the disturbance of approximately 3.32 acres of the 6.65 acres of steep slopes within the Eastgate Commerce Center. He noted that a stream preservation easement will be established by the applicant along the property's southern boundary in an effort to preserve the fimction of the stream valley, if the waiver request is granted. Deputy Director Lawrence continued, stating that in the Year 2000, the Board of Supervisors granted an increase in woodlands disturbance for the Commerce Center, enabling 55 percent of the woodlands to be disturbed. He said the plan was modified at that time to establish a protection easement for the existing woodlands along the property's southern boundaries. He noted that the applicant has stated that if the steep slope waiver is granted, this woodlands disturbance would be reduced to 53.6 percent. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc. gave a brief history of this project and why this industrial site has come back to the Commission a number of times. He explained they are attempting to fine-tune the site in light of current economic development needs in order to make the site a better candidate to a larger group ofprospective industries. Regarding the disturbance of the steep slopes, Mr. Maddox stated that this is basically a run-off area with an intermittent stream, which never becomes a perennial stream. Mr. Maddox said they have provided for the establislmnent of a buffer along the southern and western perimeter of the tract, essentially preserving the stream valley natural landscape while maintaining a buffer against the -preservation area previously established in 2000. He indicated that development activity within the easement would be restrictive, although some utility installation may be required at some point in the future. The Planning Commissioners raised the issue of how the developer planned to mitigate sedimentation from the steep slope areas to make sure the sedimentation does not infiltrate the creeks. Mr. Maddox described the proposed storm water management which will utilize a pipe system and storm water Frederick County Planning Commission Minutes of April 17, 2002 Page 850 -8 - management ponds. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Bob Pownell, a resident of the Shawnee District, was concerned about sedimentation control and the affects the proposed disturbance would have on Wrights Run. Mr, Mike McMillan, a resident ofthe Opequon District, was concerned about risks associated with drainage from this site if steep slopes were disturbed. Mr. McMillan noted that there was sufficient acreage of vacant industrial land available for use in Frederick County and, therefore, he questioned the justification of disturbing steep slopes on this property because of the risks associated with drainage. Mr. Sam Lehman, a resident of Back Creek District, questioned whether the land proposed as a trade-off is Iand that couldn't be developed anyway. Mr. Lelnunan believed the steep slopes and woodlands should be protected. In light ofthe fact that this property has already been rezoned and master planned for industrial use and because the steep slopes proposed to be disturbed would not directly affect perennial streams, the Commissioners were generally in agreement that the disturbance request was appropriate. Upon motion made by Commissioner Light and seconded by Corrunissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Connlnission does hereby recommend to the Board of Supervisors that the request for a waiver to increase steep slope disturbance in the Eastgate Commerce Centerbe approved contingent upon the applicant providing a surveyed description of the "preservation area," to ensure that subsequent development plans do not encroach into this area. YES (TO APPROVE): Rosenberry, Kriz, Thomas, Morris, Unger Light, DeHaven NO: Gochenour, Staub OTHER REQUEST FROM VICKI WEST FOR PRESENTATION ON WATER ISSUES Planning Director Evan A. Wyatt stated that the County Administrator's Office received a request on behalf of Ms. Vicki West, with a grass-roots group knoN n as "Save the Water," for a 30 -minute presentation to the Board of Supervisors regarding water issues. Director Wyatt said that since the previous forum by the Sanitation Authority and the Service Authority came before the Planning Commission, the County Administrator believed it may be appropriate to follow suit with this group. The Planning Commission instructed the staff to schedule the group for the next available regular meeting night. Frederick County Planning Commission Minutes of April 17, 2002 Page 851 Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article V, Rural Areas District, Section 165-5413, Family Division Lots, and Article XXII, Definitions. The proposed amendments are intended to identify qualifying immediate family members for family division lots and to provide for support definitions. No Action Required Plaiming Director Evan A. Wyatt stated that the proposed amendment is simply establishing a definition for what constitutes an "immediate family" where one does not currently exist. Director Wyatt gave some history and background information concerning family -division lots. Conunissioner Morris inquired if there was a minimum time requirement to maintain ownership before qualifying as a family subdivision. Director Wyatt replied that the State Code does not specify a time period that the receiver mist hold the property. He said that the only stipulation is that you can only subdivide onetime per qualifying family member. Director Wyatt explained that the Planning Department tracks this, and one part of the subdivision process for a family division lot is to require a signed affidavit by the owner of property identifying who the receiving person is. Conunissioner Straub pointed out a minor typographical correction to the tett. The Commission believed the amendment was appropriate as presented. Chairman DeHaven stated that the Planning Commission was ready for a public hearing on this matter. COMMENTS BY COMMISSIONER ROSENBERRY Cominissioner Rosenberry read a statement he prepared in response to comments made by Commissioner Thomas at a previous Planning Conunission meeting. COMMITTEE APPOINTMENTS Chairman DeHaven made the following cormnittee appointments: Commissioner Gene Fisher and Conunissioner Charles Triplett moved from their current appointments on the Comprehensive Plans and Programs Subconunittee (CPPS) and appointed to the Development Review and Regulations Subcommittee (DRRS); Commissioner Marie Straub appointed to the DRRS; Commissioner Pat Gochenour and Commissioner William Rosenberry to the CPPS. Chairman DeHaven also appointed Commissioner Pat Gochenour to serve as liaison to the Historic Resources Advisory Board. Frederick County Planning Commission Minutes of April 17, 2002 Page 852 9"1 Chairman DeHaven reviewed the other previously -made appointments that would remain the same: Commissioner Gene Fisher liaison to the Sanitation Authority; Commissioner Roger Thomas liaison to the Economic Development Commission; Commissioner George Kriz liaison to the Transportation Committee; and Commissioner Rick Ours liaison to the Winchester City Planning Commission. LETTER OF APPRECIATION TO FORMER COMMISSIONER S. BLAINE WILSON Chairman DeHaven said that lie prepared a letter of appreciation on behalf of the Commission to former Planning Commissioner, S. Blaine Wilson, for his 16 years of service on the Commission. Chairman DeHaven said that anyone who was interested in signing the letter after the meeting was welcome to do so. JULY 3 2002 PLANNING COMMISSION MEETING Planning Director Evan A. Wyatt suggested that the Conunission leave the opportunity open, should the staff receive agenda items for consideration, and consider Monday, July 1, 2002 as the proposed meeting date. The consensus of the Planning Commission was to have their meeting on Monday, July 1, 2002, if there were agenda items to consider. A motion was made, seconded, and unanimously passed. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:36 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of April 17, 2002 Page 853 C: • • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Achninistration Building at 107 North Kent Street in Winchester, Virginia on May 1, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick Davenport, Zoning and Subdivision Administrator; Jeremy F. Camp, Planner Il; Abbe Kennedy, Senior Planner; Rebecca A. Ragsdale, Planner 1; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MARCH 20, 2002 Commissioner Kriz pointed out a typographic error on Page 2. Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of March 20, 2002 were unanimously approved with the correction as noted. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 04/25/02 Commissioner Thomas reported that the DRRS discussed the woodlands ordinance and is seeking ways to improve the ordinance. He stated that the DRRS's discussion centered around the definition Frederick County Planning Commission Minutes of May 1, 2002 Page 854 -2 - of a "woodland" and acceptable ways to preserve woodlands. PUBLIC MEETING Waiver Request of Charles and Jolene Orndoff, submitted by GreyWolfe, Inc., for an exception to the Frederick County Subdivision Ordinance, Chapter 144-17(G) regarding cul-de-sac lengths. The property is identified with P.I.N. 33 -A -87A in the Stonewall Magisterial District. Action - Approved Chairman DeHaven stated that he would abstain from discussion and vote on this item because Mr. Orndoff had appointed him to his position on the Planning Commission. Chairman DeHaven turned the conduction of the meeting over to Vice Chainnan Thomas. Commissioner Light said that he also would be abstaining from discussion and vote on this item because he, too, had been appointed to the Planning Commission by Mr. Orndoff. Zoning and Subdivision Administrator, Patrick T. Davenport, stated that the staffhas received a request from Mr. Gary Oates of GreyWolfe, Inc. who is representing Charles and Jolene Orndoff, for a waiver to the minimum cul-de-sac length requirement in order establish a rural preservation subdivision on undeveloped property. Administrator Davenport explained that the approximately 115.84 -acre tract, zoned RA, is situated at the terminus of Timber Lakes Lane (Rt. 811), and the proposed preservation parcel, accessed by Thistle Lane, contains frontage along I-81. He further explained that the applicant wishes to have the preservation parcel encompass the agriculturally -productive portion of the property; the applicant has stated that the proposed lots are located where the property is least suitable for agricultural activities. Administrator Davenport stated that a large portion of agricultural land will be permanently preserved, if this design configuration is approved, which meets the intent of the rural preservation concept. Administrator Davenport continued, advising that if the Commission determines the waiver to be appropriate, several items should be incorporated into the motion for approval, such as: 1) Incorporating Fire and Rescue comments into the roadway design plan; and 2) should the proposed layout be altered as a result of inability to obtain health systems, the revised layout will need to be resubmitted for consideration by the Planning Commission. The Commissioners had questions regarding the Fire and Rescue comments, thetype ofhealth systems that would be provided, and whether school buses would be able to get in and out of the subdivision. Administrator Davenport advised that Fire and Rescue was more interested in the width of the cul-de-sac, rather than the length, and whether it was wide enough to make a three-point turn; the soil work for the well and septic systems was being held off pending the outcome of the waiver request; and school buses would be able to turn around in the proposed cul-de-sac. Administrator Davenport pointed out that the applicant could design a loop road with more lots than currently proposed as a by -right use and no waiver would be needed; he said that Timber Lakes Lane is presently a dead-end street. Mr. Gary Oates, representing the Orndoffs, stated that he met on-site with VDOT Frederick County Planning Commission Minutes of May 1, 2002 Page 855 -3 - representatives and they are in favor of the cul-de-sac design_ Mr. Oates said he has no problems meeting Fire and Rescue comments, as they follow the standard VDOT designs. Mr. Oates inquired if he would be required to bring the design plan back to the Commission, if the cul-de-sac length turns out to be shorter than originally requested. Vice Chairman Thomas replied that if the cul-de-sac length is shorter than requested, Mr. Oates would not need to come back before the Commission. Commissioner Rosenberry inquired if there were any restrictions on the width -to -depth ratio of the proposed lots. Administrator Davenport replied that the four -to -one depth -to -width ratio has been met on all of the lots. Vice Chairman Thomas called for public comments, however, no one came forward to speak. Commissioner Morris believed that in light of what could be done on this property by -right, this proposal was considerably more desirable, especially the road extension to VDOT standards, the cul-de-sac for fire and rescue and school bus turnaround, and the rural open space to be preserved. Upon motion made by Conunissioner Morris and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby grant the waiver request for an exception to the Frederick County Code, Subdivision Ordinance, Chapter 144-17(G) regarding cul-de- sac lengths, by Charles and Jolene Omdoff, with the provision that should the cul-de-sac length be lengthened as a result of designing the health systems, the proposed layout will be brought back before the Commission for review. The vote on the granting of this waiver was as follows: YES (TO APPROVE THE WAIVER): Straub, Watt, Unger, Morris, Ours, Kriz, Fisher, Triplett, Rosenberry, Thomas NO: Gochenour ABSTAIN: DeHaven, Light Vice Chairman Thomas relinquished the chair back to Chairman DeHaven. Chairman DeHaven continued with the conduction of the meeting. Substantial in Accord Review of the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area (SWSA), as submitted by the Frederick County Sanitation Authority, for conformance to the County's Comprehensive Policy Plan. Action - Recommended Approval Frederick County Planning Commission Minutes of May 1, 2002 Page 856 -4 - Deputy Director Eric R. Lawrence stated that the Sanitation Authority has submitted to the County a master plan for water and sewer facilities for the Rt. 11 North Service Area. Deputy Director Lawrence explained that this master plan provides the general location of the proposed water transmission mains and the sewer force mains that will facilitate utility services in the northeast portion of the County. He said that a recommendation is needed from the Commission concerning whether the Sanitation Authority's proposed master plan for the Rt. 11 North Service Area is substantially in accord with the 2000 Comprehensive Policy Plan. Deputy Director Lawrence continued, stating that the 2000 Comprehensive Policy Plan, which was adopted by the Board of Supervisors on September 27, 2000, included this area within the Sewer and Water Service Area (SWSA). Deputy Director Lawrence said that the Sanitation Authority's service area proposal is consistent with the SWSA boundaries in the 2000 Comprehensive Policy Plan. Sanitation Authority Engineer -Director, Mr. W. H. Jones, P.E., stated that the Sanitation Authority proposes facilities to serve the Northeast Land Use Plan, specifically the SWSA designated in that plan and he described the location of the facilities proposed, as follows: from I-81, in the vicinity of Welltown Pike, to Clearbrook, paralleling the Winchester & Western Railway, on the east side (Rt. 11 side) of the railroad; a sewer force main, varying in diameter from six to ten inches, extended to the existing Redbud Run Pump Station, which is in the vicinity of Miller Milling in the Ft. Collier Industrial Park; a 20 -inch water transmission main, which will connect to a transmission main along Rt. 672, from the Northern Water Plant, currently under construction. Mr. Jones explained that the transmission main is needed in order to provide transmission capacity for their source water supply at the Northern Water Plant. Mr. Jones explained that the existing transmission main along Rt. 11 is limited in its capacity to less than one -and -a -half million gallons per day (mgd); the Northern Water Treatment Plant under construction has a four mgd capacity; and the source water supply is 3.75 mgd. He said the Authority is seeking to build the transmission main along the railroad at this time in conjunction with the project to serve VDOT's I-81 rest area with water and sewer. He added that the Authority has also proposed water and sewer facilities to extend to VDOT's rest interchange area on 1-81; these will generally follow Route 11 on the highway right-of-vvay from Clearbrook to VDOT's rest area. He further added that a sewer force main will be extended and all of the wastewater from this area will be pumped back to the existing Sanitation Authority's sewer lines in the Ft. Collier Industrial Park. Mr. Jones continued, stating that the sit mgd water capacity available from Clearbrook South can be transmitted through the 20 -inch main and, going north from Clearbrook, about one to one -and -a -half mgd is available. Mr. Jones said the Sanitation Authority believes this is adequate capacity to serve the area at this time. In addition, they believe the sewer line will have adequate capacity to serve what is reasonably expected in that area, should development occur. Chairman DeHaven stated for the record that since the proposed sewer line will be crossing property that he owns, he would not vote on this item. Commissioner Rosenberry inquired whether Mr. Jones was confident that the Sanitation Authority will have access to the required water. Mr. Jones replied yes. Mr. Jones said that this transmission main will provide the means to transmit the 3.75 million gallons of water available at the Clearbrook Plant, and the capability to treat it, to the Sanitation Authority's customers. He explained this is why the transmission line is need, the Authority can only transmit up to 1-1/2 mgd presently. Commissioner Straub inquired where the funds would come from to pay for the extension. Frederick County Planning Commission Minutes of May 1, 2002 Page 857 -5 - Mr. Jones mentioned three sources: contributions by landowners who desire access to the sewer line; $1 million dollars from VDOT so they can have water and sewer access for their new visitors center site; and funds borrowed by the Sanitation Authority, through revenue bonds, which will be paid by users of the system. Commissioner Straub asked if there would be rate hikes for current users of the system and Mr. Jones replied no. Commissioner Rosenberry asked if citizens would be required to hook up to the system. Mr. Jones replied no and gave an explanation as to why this is not reconunended. Commissioner Gochenour asked Mr. Jones to identify the water sources. Mr. Jones stated there is 2.2 mgd available from the Clearbrook quarry, 1 mgd from the Whetzell Spring Well, and 1/2 mgd from the well on the plant site. Numerous other questions regarding protection of the water sources were discussed. Chainnan DeHaven called for public cormnent and the following person came forward to speak: Mr. John Goode, a citizen of the Stonewall District, came forward to speak in favor of Mr. Jones' proposal. Mr. Goode read several ofthe objectives from the current adopted Comprehensive Policy Plan and believed the proposed Northeastern Sewer and Water Service Area Facilities Plan was in confonnance with that plan. He stated that he, and other members ofthe Rt. 11 North Sewer Organizing Committee, have worked over several years in an attempt to sewer this area of Frederick County and Mr. Jones' submittal is consistent with those plans. Mr. Goode also commented that most of the infrastructure proposed, the force mains, the gravity flow, the pump stations, etc., are paid for with private funds and not by taxpayers. Mr. Frank March with Seaward International, Inc., located in the Clearbrook area, agreed with Mr. Goode's comments and stated Seaward International's support for the proposed Water and Sewer Facilities Plan. Mr. March said that he served as Vice Chairman of the Stonewall Sanitary Organizing Commission for Sewer, and their work was done in conformance with the Comprehensive Policy Plan. He said that Mr. Jones' Sewer and Water Facilities Plan for the Northeastern Sewer and Water Service Area supports the work that was accomplished by his committee. Commissioners supported the Sanitation Authority's objective of continuing to seek out additional access to additional water resources for the production of greater quantities. Commissioners believed Mr. Jones' proposal for the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area was in accordance with the adopted Comprehensive Policy Plan and forwarded a recommendation of approval to the Board of Supervisors. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Cormnission does hereby endorse the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area as being in accordance with the adopted Comprehensive Policy Plan and, therefore, recommends approval of the plan to the Board of Supervisors. Frederick County Planning Commission Minutes of May 1, 2002 Page 858 wom YES (TO APPROVE): Rosenberry, Triplett, Fisher, Kriz, Ours, Thomas, Morris, Unger, Watt NO: Gochenour, Straub ABSTAIN: DeHaven, Light DISCUSSION Request by Greenway Engineering to Expand the Sewer and Water Service Area (SWSA) to incorporate a 10 -acre site, zoned RA, owned by Beverly Shoemaker, and identified with P.I.N 86-A-81, zoned RA (Rural Areas) District. This property is located on Fairfax Pike (Route 277), east of Double Church Road, in the Opequon Magisterial District. The property is currently utilized as a residence. No Action Required Deputy Director Lawrence stated that staff had received a request from Mark Smith of Greenway Engineering for the expansion ofthe Sewer and Water Service Area (SWSA) to incorporate a 10.03 - acre parcel located on Fairfax Pike in the Opequon Magisterial District. Deputy Director Lawrence recalled that recently, the County undertook a study to extend the SWSA in the general vicinity of Hudson Hollow Road and Fairfax Pike (Rt. 277), which was ultimately approved by the Board of Supervisors. He noted that this parcel is zoned RA and contains a residence, which the property owner intends to ultimately utilize as an office. Deputy Director Lawrence stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their meeting on April 8, 2002 and recommended inclusion of the 10 - acre tract into the SWSA. He said that the CPPS also restated their recommendation that all of the properties along the south side of Fairfax Pike, from Double Church Road to Sherando High School, should be included in the SWSA. Mark Smith of Greenway Engineering said that he is currently processing a conditional use permit to move the three employees from the older structure into the newer house because of the timing involved in processing a request for inclusion in the SWSA. Mr. Smith said this area is not a residential area and he plans to seek a rezoning in the near future, should the SWSA request be approved. Commission members discussed with Mr. Smith his intentions for the property. Chairman DeHaven called for public comments, however, no one came forward to speak. Members of the Commission agreed with the recommendation of the CPPS that all ofthis area should be included in the SWSA because of the existing zoning and planning that has existed for that area. Frederick County Planning Commission Minutes of May 1, 2002 Page 859 -7 - Discussion concerning proposed amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, pertaining to the regulation of nonconforming uses, structures, and signs. Changes are proposed to Sections 165-148, 165-149, 165-150, 165-151, 165-152, 165-153, and 165-156. The DRRS and staff have drafted the text amendments for consideration by the Planning Commission and the Board of Supervisors. No Action Required Planner Jeremy F. Camp stated that the Development Review and Regulations Subcommittee (DRRS) and the staff have worked together preparing draft amendments to the Frederick County Zoning Ordinance dealing with requirements for nonconforniing uses. He explained that the proposed text amendments would clarify and increase the County's ability to regulate the sites of legally nonconforming uses, structures, and signs. He said the staff and the DRRS believed it was prudent to require that the nonconforming elements in the County be brought up to current design standards when an expansion is sought; the problem with the current ordinance is that it only requires the expanded area to meet current design standards. Planner Camp stated that the proposed amendments would go beyond current requirements by taking the entire site into consideration. He noted, however, that the amendments do allow for a small one-time expansion of legally nonconforming uses and structures without having to modernize the entire site. He added that after the one- time expansion, the new amendments would require the entire site to be brought into compliance with any future expansion. The staff and Commission reviewed and discussed the proposed changes. Conunission members were in favor of the proposed amendments as presented by the staff and DRRS; they noted that this was an appropriate revision of another section of the ordinance that needed clarification. Commissioners instructed the staff to proceed with the discussion at the Board level and then, ultimately, a public hearing. OTHER RESOLUTION OF APPRECIATION FOR EVAN A. WYATT, DEPARTING PLANNING DIRECTOR Chairman DeHaven said that Planning Director Evan A. Wyatt began employment with Frederick County on January 17, 1989 and his last day will be May 3, 2002. Chainnan DeHaven read a Resolution of Appreciation from the Planning Commission to Director Wyatt for his service. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the Planning Commission unanimously approved the Resolution of Appreciation. Frederick County Planning Commission Minutes of May 1, 2002 Page 860 ADJOURNMENT unanimous vote. -8 - No further business remained to be discussed and the meeting adjourned at 9:O0 p.m. by a Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of May 1, 2002 Page 861 REZONING APPLICATION #02-02 SHERWOOD BRYANT Staff Report for the Planning Commission Prepared: May 22, 2002 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. Reviewed Action Planning Commission: 06/05/02 Pending Board of Supervisors: 07/10/02 Pending PROPOSAL: To rezone 7.869 acres from RA (Rural Areas) to B2 (Business General District) LOCATION: This property is located on the south side of Northwestern Pike (Route 50), approximately 200 feet east of the intersection of Route 50 and Gore Road (Route 751.) MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 28 -A -63C PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned B2 (Business General) District Use: Residential, Commercial, Vacant (Motel) Use: Residential Use: Commercial West: Zoned RA (Rural Area) District Use: Residential REZ #02-02, Sherwood Bryant Page 2 May 22, 2002 PROPOSED USE: Commercial REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have significant measurable impact on Route 50, Northwestern Pike, the VDOT facility which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual, Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Requirements will be evaluated during the site plan process. Additional comment: Water supplies for firefighting. Plan approval recommended at this time. Gore Volunteer Fire Department: Acceptable to GVFRC. Frederick -Winchester Health Department: Health Department has no objections at this time. Permits for water and sewer facilities must be obtained from appropriate agencies. County Engineer: We do not have any specific comments related to the proposed rezoning. However, we do reserve the right to perform a detailed review will be done at the time of the site plan submission. Building Official: No comment required at this time. Shall comment at the time of site plan review. Historic Resources Advisory Board: Upon review of this rezoning, it appears the proposal does not significantly impact historic properties. The HRAB offers no comment. County Attorney: Once signed by owner, proffers appear to be in proper form. Planning & Zoninp: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Gore Quadrangle) depicts the zoning for the property which comprises the proposed rezoning as A-1 (Agricultural -Limited). The A - (Agricultural Limited ) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. REZ 402-02, Sherwood Bryant Page 3 May 22, 2002 The property is located in the Gore area and contains a vacant commercial building which formerly housed the U.S. Post Office. The parcel is approximately 7.869 acres. 2) Location This property is located on the south side of Northwestern Pike (Route 50), approximately 200 feet east of the intersection of Route 50 and Route 751. Route 50 is classified as a major arterial road. Lucas Lane (Route 750) is located adjacent to the site's southern boundary. The Winchester and Western Railroad is adjacent to the site's eastern boundary. 3) Site SuitabiliIy The site is gently rolling; the parcel is just outside of any flood hazard zone; no wetlands have been identified on the site; and there are no steep slopes on the site. Soils are identified as prime farmland in the Soil Survey of Frederick County. The site has a high seasonal water table of 12" or less. The high water table negatively impacts the classification of the on-site soils as prime farmland. No areas of the site are suitable for a sanitary subsurface absorption system. The presence of a high water table may affect the construction of building foundations. The applicant has noted that the development of the site should be preceded by a geo-technical analysis of the soil with respect to foundations. The site contains frontage along Route 50, approximately 86.4 feet. Route 50 at the site is a four - lane, divided highway. There is an existing median break directly opposite the entrance for the site, which provides the site with good access and visibility from an arterial highway. The recently -upgraded entrance to the new Post Office facility has access easements in place to allow both the parcel containing the new Post Office and the subject parcel to utilize the same entrance. 4) Frederick County Comprehensive Plan The subject parcel is within the Gore Rural Community Center area. The Comprehensive Policy Plan recognizes that commercial uses will occur in the Gore Rural Community Center. In support of housing development and to augment the amount and types of business services available in this area, the applicant suggests rezoning from the current RA zoning to a B2 zoning. Most allowed business uses in the current RA zoning require a Conditional Use Permit, and the applicant suggests a B2 zoning would define the types of businesses envisioned by the Comprehensive Plan. 5) Intended Use A specific use has not been identified. The applicant recognizes that the lack of available sewage treatment facilities will restrict the amount of commercial development on the property. REZ #02-02, Sherwood Bryant Page 4 May 22, 2002 6) Potential Impacts The applicant has provided information which identifies the land surrounding the subject site. The southwestern property line of the parcel is bordered by two parcels which are zoned RA and are used for residential purposes. Other properties in the vicinity are zoned RA and are used for residential purposes. The adjoining residential properties may be impacted by the proposed commercial land use depending upon the structural height, the location and placement of signage and lighting fixtures, and the location of parking and maneuvering areas. The Zoning Ordinance does not require that a buffer or screen be installed between land used for commercial purposes (as proposed) and land used for agriculture. Therefore, it will not be required that the applicant establish a buffer against the adjoining agricultural use. Without the buffer requirement, the building setbacks are established by the Zoning Ordinance to be zero feet from side and rear property lines. Commercial uses could impact adjoining agricultural activities. The types and character of the uses allowed by proffered restriction on the site to be rezoned will generally be compatible with the surrounding uses. The potential businesses will have minimal impacts associated with noise, glare, fumes, pollution, odors, and other nuisance factors. While the applicant has prohibited a number of uses, there continue to be uses that are inappropriate in rural community centers. 7) Proffer Statement The applicant has submitted a proffer statement which has been reviewed by the County Attorney's office. The applicant has offered the following proffered conditions: To prohibit the following uses from the site: Veterinary offices; animal specialty services; restaurants; hotels and motels; organization hotels and lodging; car washes; motion picture theaters; amusement and recreation services operated indoors; golf driving ranges and miniature golf courses; child day care facilities; advertising specialties - wholesale; drive-in theaters; commercial batting cages operated outdoors; adult care residences and assisted living care facilities; commercial sport and recreation clubs; adult retail uses. To establish a maximum building square footage of 40,000 sq. ft. To provide a monetary contribution of $1,000 for fire and rescue services. STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MEETING: The 7.869 -acre site proposed for rezoning is located within the Gore Rural Community Center, ap identified in the 2000 Comprehensive Policy Plan. The Comprehensive Policy Plan indicates tha. commercial uses that provide services for the residences of rural community centers are appropriate within the Gore Rural Community Center. The site's location along Northwestern Pike (Route 50W) REZ 402-02, Sherwood Bryant Page 5 May 22, 2002 provides for good access. Staff would suggest that a request for commercial zoning in the Gore Rural Community Center not only introduces an opportunity for service provisions to the rural community, but also introduces visual and vehicular impacts. Future development of the site should consider the predominantly residential and agricultural uses in the vicinity of the subject site. The applicant could address the concerns of staff by addressing the following issues: • Increased building and parking lot setbacks. • Landscape buffer and screening techniques. • Limiting site access via Route 50 West. • Establish height limits for structures erected on the site. • Establish maximum sign heights and square footage that would be appropriate for the Rural Community Center. • Limiting outdoor lighting; redirecting glare from adjoining properties. • And the identification of uses permitted on the site, not those prohibited. The applicant should be prepared to address the comments made by staff during the review of this application by the Planning Commission and the Board of Supervisors. O:\Wgendas\COMMENTS\REZONING\Staff Report\2002\Sherwood Bryant.wpd IMPACT ANALYSIS STATEME11'T PARCEL ID 28 ((A)) 63C IMPACT ANALYSIS STATEMENT APPENDIX EXHIBIT 1 - PARCEL LOCATION EXHIBIT 1 EXHIBIT 2 - PROPERTY MAP 2 EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN 3 EXHIBIT 4 - HISTORIC STRUCTURES MAP 4 EXHIBIT 5 - HEALTH DEPARTMENT CORRESPONDENCE 5 EXHIBIT 6 - FISCAL IMPACT MODEL 6 EXHIBIT 7 - PROPERTY DEED 7 EXHIBIT 8 - CURRENT TAX STATEMENT 8 EXHIBIT 9 - PROFFER STATEMENT g page 7 IMPACT ANALYSIS STATEME"'T PARCEL ID 28 ((A)) 63C EXHIBIT 1 - PARCEL LOCATION EXHIBIT Rt. 704— 5a s �' 95 ry� 9 98 100 101 9 9 2 to c" a .� r° no s 103 63 3 424-7 10 f 2 pts. p 4 107 105 DRAWN BY: 5 A PAINTER—LEWIS, P.L.C. 8 ° i 302 S. BRADDOCK ST., SUITE 200 WINCHESTER, VIRGINIA 22601 7 117 123 TELEPHONE 662-5792 FACSIMILE (540) 652-5793 122 DRAWING: TM -1 FP!° RC E L L®CATI C) N EX K -i I B IT SC/ 1"=1000' S H E R.WC)(D® B FV)r^NT P R -C3 P E RTY FREDERICK COUNTY, JOB #9805005 VIRGINIA 03JAN02 25 2' � � 124 129Northwestern 6D Pike �' � � s � LUCOs L°^O m 3 Rt.7�0 Point of Rocks Rt. gt 55 52 33 82 w 64 63 APPROXI TE RURAL COMM R Se , 5/A 8 a� 2 6 g p Geek CENTER 80 DARY Rt. 751 s 1 PC ti See 2 Pc. a5 71A �' 18 Back 79 120 Back Creek Rd, 51 99 130 Rt. 704— 5a s �' 95 ry� 9 98 100 101 9 9 2 to c" a .� r° no s 103 63 3 424-7 10 f 2 pts. p 4 107 105 DRAWN BY: 5 A PAINTER—LEWIS, P.L.C. 8 ° i 302 S. BRADDOCK ST., SUITE 200 WINCHESTER, VIRGINIA 22601 7 117 123 TELEPHONE 662-5792 FACSIMILE (540) 652-5793 122 DRAWING: TM -1 FP!° RC E L L®CATI C) N EX K -i I B IT SC/ 1"=1000' S H E R.WC)(D® B FV)r^NT P R -C3 P E RTY FREDERICK COUNTY, JOB #9805005 VIRGINIA 03JAN02 IMPACT ANALYSIS STATEME�J— PARCEL ID 28 ((A)) 63C EXHIBIT 2 - PROPERTY MAP page 9 P./.N. 28-A-17 18-A-16 \ CHARLES T. BR/LL, 1R. LAN /. & 11ARYN. AN DRAWN BY: USE."OVVINC.- RAR S/DENDAL Z�/NG. RA �N P/N. 18-A-15\ PAINTER-LEWIS, P.L.C. USE- RES/DENAAL AR4<4N /. & MARY N. AN RSON 3D2 S. BRADDOCK ST., SUITE 200 ZON/NC RA WINCHESTER, VIRGINIA 22501 USE.- VACANT - -— TELEPHONE (540) 662-5792 ------- ---------__ _ FACSIMILE (540) 662-5793 ---•-'-- ______ DRAWING: GSP-1 ROUTE 50 $EST BOUND LANES -------------------------- ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C --------- ROU7E 50 EAST BOUND LANES -------- __ ---� -- _-~ ----- --------------- = ------- - - ----- —--------- / / _77? ---A LI /� P/.N. 28-A-14 L / ARTHUR L M,9ALL & / P./.N. 28-A-62 f 1 I I Y I I ( BET7Y K. ANDERSON MARY H. STAOLES I 2nNC' RA`may i _ USES/MOTEL / 1 !I ` USE�� OMMERCIAL GORE j I `� IF ! < < .. �r L� P N 28 -A A E 61 3f'�ffl — ---J 1 0 ems\ ION/NO RA / P•LA28-A-63A ''9TS/ERRAW77CW /NGUSRES/DENTIAL N09730/NRRAZ 49.02 N ` US,-- CCyWUERC/AL a4+ O ` S8679 04 W 28211ft r D . 28-A-59 N /6 P.I.N. 28 -A -63C ZAN/NG.• RA O �aNRSHERWOOD BRYANT A USE RES/DEN77AL EXISTING ZONING: RA / PROPOSED ZONING: B2 AREA: . 7.8691 ACRES + 8t 989.5 v P./.N.28-A-56 ROA qs' D �- .L R. & R. K. + StERN RAIC ZON/NC• RA I R WE USE RES/DEN77AL CNES� ` \` `�� NDN—P.7.N. 28 -A• -6.3D if P./.N 28-A-57 �� 'Q4i / ,l M. KAHN�� /-WERMV0D BRYANT / ZON/NG.• RA �� `S� ZONING RA USE �� USE.• RES/DEN7/ RES/DEN17AL AL VN.. 28-A-58 N. S SPA/D / ION/NG• R.4 \ / USE R£S/DEN77AL \� PRO' P E RTY MAP A SCALE "=15i�' FREDERICK COUNTY, JOB # j005 VIRGINIA DATE: 03JAN02 IMPACT ANALYSIS STATEMENT PARCEL ID 28 ((A)) 63C EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN page 10 \ CHAR E TBBRILL7✓R. ZCIV/NG• RA USE.• RE57OEN71AL \ \ \ DRAWN BY: \ P.I.N. 28-A-16 PAINTER-LEWIS, P.L.C. AN /. d MARY N. ANOERSsIN ZONING RA 302 S. BRADDOCK ST., SUITE 200 P/N. 28-A-15\ WINCHESTER, VIRGINIA 22601 USE RESIDENTIAL AR N 1. � MARY V AN RSON ION/NG. RA TELEPHONE (540) 662-5792 _ - - USE VACANT � FACSIMILE (540) 662-5793 DRAWING: GSP-1 -------------------------------------------------------- ------------- ____ ROUTE 50 *EST 80UN0 LANES -- --------------------- �9CCESS -------------- ---- i7 ------- ROUTE 50 EAST BOUND LANES t t P.I.N. 28-A-62 - MARY H. STAPLES -/ ZONING- RA l GORE ROAST USE.• MTEL O `NIFE P.I.N. 28-A-61 AV/,P_ HALE /I ZONING.- RA USE.• RE.SIDEN77AL z TBUFFERS 28-A-59 HmsoN ZONINa. R N NG• RA USE' RES/DENTJAL ct R. K. MCKEE ` ZGiV/NC• R L J P.I.N. 28 -A -69A SIERRA CONSIR1J077ON, INC. ZOYV/NC.• RA USE COMMERCIAL jS8679YJ4 {Y.11fI 2-4.79 ACRES II-175ACRfS I �% X969 5 t - CJ - E RES/DENAAL SE7BACKS A' P✓ 28-A-57 HAHN Z ` \\\� �� / ZCW/NG• RA US ` \\ US,-- s/PLN. 28- i N. SPA/D i 1 ZONING.• RA \ ' USE- RE57DEN71A/ ' SE7BACKS P./.N. 28-A-14 ARTHUR L YNDALL 4 BETTY K. ANO£RSON ZONING- B-2 USE COMMERCIAL RSTrRN RA,L RS wINCNES� --PIN. 28-A-6JO ' - 511ERK47OD BRYANT ZON/NG.• RA USE- RES/DENAAL SCAL[510 GENERALIZE ® SITE PLAN FREDERICK COUNTY, Joe #0305005 VIRGINIA DATE: 03JAN02 IMPACT ANALYSIS STATEMENT PARCEL ID 28 ((A)) 63C EXHIBIT 4 - HISTORIC STRUCTURES MAP Number Common Name I I Character 34-161 W ilia Cather Birthplace iside passage plan 34-162 Willow Shade 34-476 Gable Front House 34-477 Brill House & Smith Schoolhouse 34.478 House on Rt. 50 JW W I period 34.479 Smith -Anderson Log House 34.480 Dr. S. J. Smith House central passage single pile plan 34-481 Dr. Schaeffer House i 34-1093 Gore Day School JW W I period 34-1094 Jerimiah Smith House lRevolutionary War period 34-1095 House on Rt. 50 Revolutionary War period 34.1096 ISeibert Cemetery 34-1097 Jerimiah Smith Cemetery 341514 Smith -Fries House Agricultural Outbuildings page 11 IMPACT ANALYSIS STATEMENT PARCEL ID 28 ((A)) 63C EXHIBIT 5 - HEALTH DEPARTMENT CORRESPONDENCE page 12 COMMONWEALTH of VIRGINIA DEPARTMENT OFENVIRONMENTAL QUALITY Valley Regional Office James S. Gilmore, III Governor Street Address: 4411 Early Road, Harrisonburg, Virginia 22801 Mailing Address: P. O. Box 3000, Harrisonburg, VA 22801-9519 Ronald P. Hamm Telephone (540) 574-7800 Fax (540) 574-7878 Secretary of Natural Resources http://www.deq.state.va.us December 10, 2001 John C. Lewis, P.E., C.L.A. Painter -Lewis, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 RE: General VPDES Permit No. VAG401933, Gore U.S. Post Office Dear Mr. Lewis: Dennis H. Treacy Director R. Bradley Chewning, P.E. Valley Regional Director I received your letter inquiring about the procedures required for obtaining a permit to construct a discharging system on the property of Gore U.S. Post Office which would discharge through the same pipe as the existing Post Office system. Mr. Bryant must complete a Virginia DEQ Registration Statement for the General Permit for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day. Complete the Registration Statement considering both the existing system and the proposed system. Pay particular attention to question #8. This question must be answered because of the proposed portion of the discharge. Once the general permit has been issued, Mr. Bryant must obtain authorization from the Virginia Department of Health (VDH) for the construction and operation of the sewage treatment facilities. To obtain this authorization, please submit a copy of the plans and specifications for the treatment facilities to this office and to VDH. For this facility, the appropriate VDH office is Division of Wastewater Engineering, Rockbridge Square Shopping Center, 131 Walker Street, Lexington, Virginia 24450 (phone: 540-463-1642). After review of the plans and specifications, a Certificate to Construct will be issued. When construction is complete, VDH personnel will conduct an inspection of the treatment facilities. If construction has been completed according to the plans and specifications, and there are no other deficiencies, VDH personnel will recommend issuance of a Certificate to Operate. AN Agency of the Natural Resources Secretariat John C. Lewis Page 2 If you have any questions dealing with this process or with completing the Registration Statement, please give me a call at (540) 574-7892. Sincerely, 'A�t.� �.1-,- Brandon D. Kiracofe Environmental Engineer cc: File — Gore US Post Office REZONING- APPLICATION FORM FREDERICK COUNTY. VIRGINIA ©0 Fee Amount Paid $` Date Recetved 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: Pa.� r- L��.,;s.P.L C. Telephone: Address: 3c3 2 S. ro. dsi.o c k 5+.� S ., , o a o W :nck-es 4r g \/A-z,ZGU1 2. Property Owner (if different than above) Name: '3 k-.,Cw to o,A- Bry cam+ Telephone: Address: P.y . x tc t G,d(e,y A as U 37 3. Contact person if other than above Name: �,�.,,, 0_ Ltw:S', P. C . Telephone: (6qo) G (oa -s-712_ ? a e,4e-r - L e .► s , p. L . C - 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments / Plat • Fees Deed to property - Impact Analysis Statement Verification of taxes paid _� Proffer Statement / 11 5. The Code of Virg nia 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: 6. A) Current Use of the Property: \1 o- c a-,-\ k B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE 4�7 ZONING W- O' E a,5-+ G f , CX F" -"j Ar- 7 S 1 4- R 0) k-- 5 0 c>,-\ 41, W-�sl s' J ., a C Ck 5 () - 12 4�7 I -Q 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using Toad names and route numbers): , W- O' E a,5-+ G f , CX F" -"j Ar- 7 S 1 4- R 0) k-- 5 0 c>,-\ 41, W-�sl s' J ., a C Ck 5 () - 12 Information to be Submitted for Capital Facilities Impact Model in order for the Planning Sta#i 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 IdentificatiowLoeation: Parcel Identification Number Q 8(( q)) (. 3 G Districts Magisterial: 1 w� v- G,r e.- K Fire Service: Com, ors F,rc Cn. � � y Rescue Service:_* mr+h Ro QA '-,% %, if- a- Ikes C-0 -_ C.. -L&-- I-% High School: Middle School: _ Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Rt nested -7.8,691 A 8 2 - Total acrea a to be rezoned Total 11. The following information should be provided according to the type of rezoning proposed : Single Family N Non -Residential Office: Retail: Restaurant: Townhome: Mobile Home: 13 Service Warehouse v Other: Family: Rooms: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Date: Owner(s): Date: Date: 14 L t" Adjoining Property Owners Rezoning, Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Name 0 ' Pro e # '; 3 1,f Name Property # Name n `1 a Property # ;- Name , : ti' . 3 f Property # : 4' r ,` f y Name..;;Y. ' rr ' Property # r Name L,. fi. C, ,1 v t 5 (w f Property # Name`,, Cs t .y . f V -'4 ,... Pro e # f, , cy-:'t. t Name i:: 1 . ,, �r aZ <-,G 3 Property# t is ? Name <<. 1 n, 4r 1yZ,v--' % Pro e # ; �,: 1, a' c A, `i . 15 !k� A 'J REVISED \ P.l.N. 28-A-17 \ CHARLES T. BR/LL, jp PIA! 2B -A-16 ZONING.• RA LAN /. dlARYN. AN, E9s' DRAWN BY: USE. RESIDENnAL ZONING.' RA PAINTER-LEWIS, P.L.C. US£. RES7DENTlAL AR N / MARY N AN ZONING. RA RSA 302 S. BRADDOCK ST., SUITE 200 USE.• 114CANT WINCHESTER, MRGINIA 22601 TELEPHONE (540) 662 -5792 ------------------ FACSIMILE (540) 662-5793 -------------------------- ROUTE SO iifSTBOUNO LANES --__- ` _---------------- DRAWING: GSP-1 ----- ____---- '---------_� ROU)E 50 EAST BOUND LANES`--_-__-- C ____-__ -- = ----- =----------- -------- 7 ----- --------- 1 1 � 86.6 ft' rj- -- - - / -- /� PIN. 28-A-14 i� P./.N. 2B -A-62 �' f I 1 LI 7i ARIhUR LYNDALL dr ----- - �� MARY H. STAPLES / Ll1 11 I I BETTY K. ANDERSON ZONING• R,4 1 �'�j 6 �� ZGY✓/NG. 9-2 USE. df07£L / r I \ USE COt/,yERCIAL ROA I t 1 �'I i GOR_ / � PIN.. 28--A-61 N/l HALE ZONING. RA PIN 28 -A -63A N \ USE RES/DENRAL / N092300"E TO'R DEYEZ0P,-RS, LLC 49.02ft ZONING- RA / _ - USE 5867904 W 282. lift N R.I. 28-A-59 N101-INSON P.I.N. 28 -A -63C ZaVhNG.• RA SHERWOOD BRYANT USE.• R£SlDE/✓AAL EXISTING ZONING: RA PROPOSED ZONING: 82 AREA: 7.8691 ACRES _ l 58 ft P.I.N. 28-A-56 s i ROAD Rd R. K. MCXEE �q\F ` i ZONING RA `` i 0057rRN RAIL 774L USE RESIDENR Qt ' - PIN 28-A -57 04 \-,PIN.28-A-630 /ZON/NG. RA SHERMVOD BRYANT OSE' RESIDEN77AL�� i ~ ZONING' RA /,P..,zN28-A-58 USE.• RES7D<<NA,4L ! N. S. SPA ID I ZONING.• RA / ! USE RES1DEN77AL PROPERTY MAP FREDERICK COUNTY SCALE: 1 51 VIRGINIA JOB #98o50os DATE: 03JAN02 REVISED P.I.N. 28-A-17 .\ \ \ DRAWN BY: CHT. BR/LL, jARLES R ZONING- PLS! 28-A-16 ('LAN /. MARY PAINTER-LEWIS, P.L.C. RA USE• RES/DENIIAL N. ANDEL ZON/NG.• RA USE. RES/DEN%IAL SPA/ _ AR N /.P Ni' 28 N AN RSON 302 S. BRADDOCK ST., SUITE 200 WINCHESTER, VIRGINIA 22601 ?ONING.• RA TELEPHONE (540) 662-5792 ------_� USE VACANT 11 FACSIMILE (540) 662-5793 ---------------- -"---- DRAWING: GSP-1 -- ROUTE 50 KEST BOUND LANES - CCESS- ------------------------------------------------ ------------ � ------- ROUTE 50 EAST BOUND LANES F------------- IA(4i tJ--711 1111111 /.N. 28-A-62 YA( STAPLES��ii Z5WING- R,4 poREROAO�USE: MOTEL / t t I 1 t It PIN. 28-A-61 N/F HALE - ZON/NG.• RA USE.• RES/DENRAL / BUFFERS P.I. JOHNS -O 9 ZONING- RA USE.- RESNENRAL /.N. 28-A-56 ZONING- RA E. RES/DENAAL iSETBACKS P✓ M HNN7 \�� \� ZONING- RA 4c� f iso / USE RES/DENRAL P. /.N. 28-A-58 N. S SPA ID ` i ZON/NG. RA I USE. RESID N77A1 ti -I PI•N. 28 -A -63A �7N_0_973Y)� TOit£R DEt�E1OPERS, LLC rr L _ _ USE. C_OMMERC/AL_ _ S8679104W 282.11ft 2-4 79 2-4.79 ACRES ,t 969.5Bft ' P. SETBACKS 28-A-14 P.I.N. ARTHUR L YNDALL BETTY K. ANDERSON ZON/NG.• B-2 USE.• COMMERCIAL ENESRAIL Kvn ESTER WNCN� � � • �P I N_ /— - 28-A-6.30 l SHER#000 BRYANT ZONWG.• RA USE. RESIDENI741 /� II GENERALIZED SITE PLAN SCALE: 05 FREDERICK COUNTY) JOB #sao5os 1 ITM."Th IT n OUTPUT._ .ULE APPLICANT: PIN 28 -A -63C Net Fiscal Impact LAND USE TYPE Commercial Costs of Impart Credit; INPUT MODULE Credits_t4.be Take REAL EST VAL $2,603,535 Required Total Potential Adjustment For (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 3 Capital Facil lies coI sum only) Open Cap Equip Expend/Debt—S. Taxes–Mer Tax Credits Revenue- Net Capital Net Cost Per (_Unad'usted) CoatBalanre Facilities Impact Dwellinng Unit Fire and Rescue Department $18,976 Elementary Schools $p $0 $0 $18,976 ERR Middle Schools $p $0 $0 $0 ---- High Schools $p $0 $0 ERR Parks and Recreation $0 $0 – – Public Library $p $0 $0 $0 $0 ERR Sheriffs Offices $0 $795 $0 $0 Administration $7 95 $7$0 $0 ERR $0 Building $p $0 $0 $0 ERR Other Miscellaneous Facilities $0 $9,218 $1,855 $11,073 $11,073 $0 ERR $0 ERR SUBTOTAL $18,976 $10,013 $1,855 $0 LESS: NET FISCAL IMPACT $1,555,119 $11,868 $11,868 $7,108 ERR NET CAP. FACILITIES IMPACT $1,555,119 $1,555,119($1,555,119 ERS r�$0 ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 --- --- --- -- --- — ---_— Ratio to Co Avg = 1.433 — _ ---------------------- ------------------------------------ METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the ------------------------ ----------------- ------------------- --- model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest --- ---- — --- -- — –---------- – --------------------- if the projects are debt financed. TES: Model Run Date 04!9/02 ERL ------------------------------- ---------------------- ------ P.I.N. 28 -A -63C Rezoning: Assumes 7.8691 acres zoned B2, with a maximum of 40.000 sq ft of retail/office use Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 9 I PAYNE ENTERPRISES, LLC TOWER I DEVELOPERS, LLC II 28 62 i 28 A 63A RA Rd _ SHELTON BRYANT 28 qA 61 28 f� 63C R ;HALE 20 RA 9 28 CA E bfi i RA RA 2' H A Ng7 28 S 'D 8 1/ L R I ANDERSON B2 28 A 14 B2 B2 PROFFER STATEMENT A PROPOSED REZON-I G for PARCEL ID - 28 ((A)) 63C Back Creek Magisterial District Frederick County, Virginia April 9, 2002 Prepared for: Mr. Sherwood Bryant P. 0. Box 191 Gore, Virginia 22637 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@mnsinc.com Job Number: 0111005 PROFFER STATEMENT _ PARCEL ID 28 ((A)) 63C _INTRODUCTION The subject parcel contains 7.8691 acres. Currently all 7.8691 acres are zoned RA. All adjacent property is zoned RA with the exception of one lot (28-A-14), that is located to the east, which contains a commercial banking facility, and is zoned B2. The owner desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business General District, zoning. The intended purpose for the rezoning would be to allow the owner to develop the property to provide services to the Rural Community Center at Gore. The applicant recognizes that the site is located within the Rural Community Center of Gore, but outside the county Urban Development Area. The applicant recognizes that the lack of available sewage treatment facilities will restrict the amount of commercial development on the property. Acknowledging the importance of maintaining the rural character of the area, the owner is willing to proffer restrictions on the types of commercial activities and the total amount of retail and/or office building area which can be developed under the proposed B2 zoning. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application #-01--M for the rezoning of 7.8691 acres on Parcel 28 -A -63C from RA to 132, development of this particular 7.8691 acres will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. For a period of time as long as the subject land maintains a 132 Zoning, the following uses will be prohibited on the land. - 1 . and:1. Uses which are identified by the following Standard Industrial Codes.- a. odes:a. 074 -Veterinary offices with all activities and animals kept within the fully enclosed primary structure; b. 0752 -Animal specialty services with all activities and animals kept within the fully enclosed primary structure; c. 58 -Restaurants; d. 701 -Hotels and Motels; e. 704 -Organization hotels and lodging; f. 7542 -Car washes; g. 7832 -Motion picture theaters; h. 79 -Amusement and recreation services operated indoors; i. 7999 -Golf driving ranges and miniature golf courses; PROFFER STATEMENT PARCEL ID 28 ((A)) 63C J. 8351 -Child day-care facilities; k. 5199 -Advertising specialties -wholesale; 2 Drive-in theaters; 3. Commercial batting cages operated outdoors; 4. Adult care residences and assisted living care facilities; 5. Commercial sport and recreation clubs; 6. Adult retail uses. 2. For a period of time as long as the subject land maintains a B2 Zoning, the maximum amount of gross retail and/or office building floor area, in any combination,. which can be constructed on the subject parcel is 40,000 square feet. Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the General Fund of Frederick County for the benefit of the Gore Fire Company No. 14 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of any building permit issued subsequent to the approval of this rezoning by which the cumulative gross building area for any use, existing and/or proposed, on the subject parcel, or any portion thereof, will exceed 10,000 square feet. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. PROFFER STATEMENT PARCEL ID 28 ((A)) 63C Submitted By: Sherwood ryant (prop rty owner) Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit - The foregoing instrument was acknowledged before me this 7 day of K,(ck by F. tor• -1 My commission expires on Expiration Date July 31, 2002 Notary Public IMPACT ANALYSIS STATEMEN1° A PROPOSED REZONING for PARCEL ID - 28 ((A)) 63C Back Creek Magisterial District Frederick County, Virginia April 11, 2002 Prepared for: Mr. Sherwood Bryant P. 0. Box 191 Gore, Virginia 22637 Prepared by- PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@mnsinc.com R GFULZ Job Number- 0111005 aFP 'si=b, Lti'l,OFFLfV,4'i'JliI,,6i IMPACT ANALYSIS STATEMF''T - PARCEL ID 28 ((A)) 63C IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page L INTRODUCTION 1 A. SITE SUITABILITY 1 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. OTHER IMPACTS 6 APPENDIX 7 IMPACT ANALYSIS STATEMEI` _r PARCEL ID 28 ((A)) 63C i. INTRODUCTION Mr. Sherwood Bryant (the owner) is a private land owner with holdings in the Gore area. In an effort to provide more opportunities for commercial services in the rural area community, Mr. Bryant desires to rezone a single parcel along Rt. 50 in Frederick County, Virginia to provide opportunities for the development of more diverse, service-oriented businesses. The subject parcel is identified by Tax Map Number 28((A))63C and is currently zoned RA (Rural Areas District). The total area of the parcel is approximately 7.8691 acres. The parcel contains a commercial building which formerly housed the United States Post Office. The Gore area is outside of the Frederick County Water and Sewer Service Area. As such, the development potential of the subject property is limited, particularly by the absence of sanitary sewer service. Any development on the property will be served by on-site treatment facilities. These facilities will be limited by the Virginia Department of Health to approximately 800 gallons per day of total sewage capacity. The owner will proffer limited development on the property based upon the anticipated sewage capacity. See Section D below. The applicant desires to rezone the 7.8691 acres of the subject parcel from RA to B2, Business General District. The intended purpose for the rezoning is to obtain a zoning classification for the parcel that will allow for the development of business to serve the Rural Community Center of Gore. A. SITE SUITABILITY The Frederick County Comprehensive Policy Plan includes the subject parcel within the Gore Rural Community Center area. Please refer to Exhibit 1. The Land Use Plan states that the Rural Community Center Committee recommended that housing development should be encouraged in the Gore area. In support of housing development and to augment the amount and types of business services available to the residents of the area, some rezoning from the RA zoning is desirable. A B2 zoning will precisely define the types of businesses envisioned by the Comprehensive Plan. Under the current RA zoning, most allowed business services require a Conditional Use Permit. The site contains frontage on Route 50. Route 50 at the site is a four -lane, divided highway. There is an existing median break directly opposite the entrance to the site. This provides the site with good access and excellent visibility from an arterial highway. The entrance has been upgraded recently to accommodate the construction of a new post office facility. Access easements are in place to allow both the parcel containing the post office and the subject parcel to utilize the existing entrance. The gently rolling topography of the site is well-suited for commercial construction. The development of low impact, retail -type or business service-oriented stores which tailor their product to the existing population of the area will provide a desirable expansion of the Rural Community Center concept. The location along the Route 50 corridor fits the page 1 IMPACT ANALYSIS STATEMEI"7 PARCEL ID.28 ((A)) 63C Comprehensive Plans idealized concept of having "proximity to arterial routes". The absence of public water and sewer service will limit the amount of commercial development possible on this site, thus assuring a rural character to the potential commercial development. 100 YEAR FLOOD PLAIN Federal Insurance Rate Map Community Panel Number 510063 0100 B shows the subject area is adjacent to "Zone A, areas of 100 -year flood; base flood elevations and flood hazard factors not determined". The FIRM map indicates that the parcel is just outside of any flood hazard zone. It appears from reading the FIRM maps, that the limits of the 100 year flood plain are near the southeast corner of the property. WETLANDS No wetlands have been identified on the site. STEEP SLOPES The property generally slopes to the northeast toward the Winchester and Western Rail Road. Fill dirt has been imported to the site to create a building pad for the existing commercial building. Between the fill area and the rail road right-of-way, the slope of the site ranges from 1-5%. Steep slopes are defined by the Frederick County Code as slopes exceeding 25%. There are no steep slopes on the site. MATURE WOODLANDS Woodlands are generally defined by the Frederick County Code as including largely mature trees in groves greater than 1/4 acre. There are no mature woodlands located on this site. A hedgerow consisting of subclimax species of trees such as Osage Orange and Locust lines the east boundary of the property. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Zoar silt loam, 44C. This soil is a part of the Weikert-Gainesboro-Berks association which includes gently sloping to very steep, well -drained soils formed in material weathered from shale or fine-grained sandstone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications are predominantly: ML, CL, CL -ML, MH and CH. This soil is identified as prime farmland in the Soil Survey. Recent soils investigations in association with the search for drainfield areas, indicates that this particular site has a very high seasonal water table of 12" or less. The high water table will negatively impact the classification of the on-site soils as prime farmland. No areas of the site are suitable for a sanitary subsurface absorption system. The presence of a high water table may affect the construction and performance of building foundations. The development of the site should be preceded by a geo-technical analysis of the soil conditions with respect to foundations_ 6. SURROUNDING PROPERTIES The parcel to be rezoned is bordered on the east by a single parcel that is zoned B2 and has been used as a branch banking facility. To the south are the rights-of-way for page 2 IMPACT ANALYSIS STATEMENT PARCEL ID 28 ((A)) 63C the Winchester and Western Rail Road and Route 750, Lucas Road. The southwestern property line of the parcel is bordered by two parcels which are zoned RA and both are used for residential purposes. The adjacent parcel to the west is zoned RA and contains the United States Post Office. The adjacent parcel to the northwest is zoned RA and contains a motel. Other adjacent parcels are zoned RA and are used for residential purposes. Please refer to Exhibit 2. Potential adverse visual impact from the proposed rezoning of the site will be mitigated by buffering and screening elements between different zoning districts as required by the Frederick County Zoning Ordinance. The types and character of the uses allowed by proffer restriction on the site to be rezoned will be generally compatible with the surrounding uses. The potential businesses will have minimal impacts associated with noise, glare, fumes, pollution, odors, and other nuisance factors. Exhibit 3 contains a generalized site plan that illustrates a development schematic showing points of access, building setback lines, and required buffers. C. TRAFFIC It is anticipated that the majority of traffic accessing the site will enter and leave the property via the existing entrance on Route 50. According to figures from the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 50 in 2000 at this location was 10,000 vehicles. This figure is inclusive of all motorized vehicles. The potential exists to develop a second point of access to the site from Route 750. The Average Annual Daily Traffic on Route 750 in 1986 at this location was 260 vehicles. However, this location will experience only minor amount of vehicular traffic due to its location away from the significant traffic flow. VDOT has recommended that access to Route 750 from the site be limited in order to prevent adverse impacts to Route 750. Traffic impacts from the proposed rezoning will be estimated using the figures in the ITE Trip Generation Manual, Sixth Edition. According to the ITE Manual, the most traffic potentially generated by the property would be from retail sales. By proffer, the owner is limiting the amount of retail sales area to a maximum of 40,000 gross square feet. The type of retail use that will serve as a model for traffic impacts will be Specialty Retail Center, Code 814. Specialty Retail Centers are generally small strip shopping centers that contain a variety of retail shops and specialize in quality apparel, hard goods, small merchandise stores and services such as real estate offices, dance studios, florists, and health services. Specialty Retail Center, Code 814 Based on a projected gross leasable area of 40,000 square feet: ■ Weekday: 40.67 trips per 1000 sf = 1,623 trips • Sunday: 20.43 trips per 1000 sf = 817 trips ■ Weekday A.M. Peak Hour: 6.41 trips per 1000 sf = 256 trips ■ Saturday: 42.04 trips per 1000 sf = 1,682 trips • Weekday P.M. Peak Hour: 4.93 trips 1000 sf = 197 trips page 3 IMPACT ANALYSIS STATEMENT PARCEL ID 28 ((A)) 63C The peak weekday trip estimate of 1,623 trips is approximately 16% of the VDOT AADT value of 10,000 trips. Prior to any development, the developer/owner will be required to apply to the Frederick County Department of Planning and Development for site plan approval, and VDOT would pe iorf-1 a full review of any commercial development. Traffic impacts would be mitigated at that time by the design and construction of improvements to Route 50 and possibly Route 750. D. SEWAGE CONVEYANCE AND TREATMENT There are currently no public sewage facilities available to serve the site. The site is outside the Frederick County Sewer and Water Service Area. A recent investigation of the on-site soils has revealed that the soils are not well-suited for the installation of a subsurface absorption system for the disposal of sewage. During the construction of the new U. S. Post Office on the adjacent property, Mr. Bryant applied for and received a permit to discharge treated effluent from treatment facilities intended to serve the adjacent parcel. The permit, VPDES No. VAG401933, is valid for a discharge of up to 1000 gallons per day. The treatment facility constructed in association with the U. S. Post Office was designed to treat and discharge 150 gallons per day. Exhibit 5 contains correspondence from the Department of Environmental Quality describing the procedure required to construct additional treatment facilities which would discharge to the same outfall location as the existing facility. The owner will be responsible for the construction of the treatment facilities necessary to allow development to occur on the subject parcel. The owner of the property will apply for the necessary permits to install an on-site treatment system at the site plan stage. Under the current condition, any use to be constructed on the site would be limited to the generation of approximately 800 gallons per day of sewage effluent. The amount of potential sewage treatment capacity available for the property is a significant factor in determining the development potential of the site. It is anticipated that the site will be developed for retail sales. According to the Commonwealth of Virginia Sewage Handling and Disposal Regulations, Table 4.1 -Sewage Flows, typical flows for a "shopping center" are 200 to 300 gallons per day per 1000 feet of ultimate floor space. Using a design demand value of 200 gpd/1000sf, a retail development could include approximately 4,000 square feet of building area. The construction of 4,000 square feet of retail space on the subject 7.86 acre parcel would not be the highest and best use of the land. On the other hand, a miscellaneous sales use may have a very low sewage demand with restricted use public restroom facilities. Sewage demand could be based upon the number of emplyees. Typical employee sewage demand is 15 to 30 gallons per day. Using a design demand value of 20 gpd/employee, and one employee per 2000 square feet of sale display area, a retail development could include approximately 40,000 square feet of building area. This type of retail development could possibly be a grocery or the like. These values will be reviewed and confirmed by the Health Department at the time of site plan submission. The rural character of the Gore area would be best preserved if a page 4 IMPACT ANALYSIS STATEMEN' PARCEL ID 28 ((A)) 63C limit is placed on the amount of building area available to the subject parcel. By proffer, the owner is willing to limit the amount of retail development space to 40,000 square feet. E. WATER SUPPLY There are currently no public water service facilities to serve the site. The site is outside the Frederick County Sewer and Water Service Area. It is anticipated that an adequate water supply can be obtained from a standard commercial well to be drilled on the site. There is an existing on-site well serving the former U. S. Post Office, which may be adequate to serve any proposed use. Any well and water supply works will have to comply with the standards of the Virginia Department of Health, Office of Water Programs. F. DRAINAGE The site is located between U. S. Route 50 and the Winchester & Western Rail Road. Storm water runoff from off-site must pass beneath Route 50 and into an existing drainage swale along the eastern property line. Drainage from the site flows toward the rail road right-of-way and mingles with the off-site drainage at the southeast corner of the property. From there, the water flows approximately 1000 feet to Back Creek. There are no perennial streams on the site. An increase in storm water runoff can be expected with any development on the parcel. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. It is anticipated that storm water detention facilities will be created to serve any proposed development. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located adjacent to Rt. 632, Sandmine Road. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by the development can be estimated based on one pound per employee per day. Using a figure of 40 employees per acres, the estimated number of employees is 314. Tipping fees are $35.00 per ton_ Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal needs can be estimated by.- cost y: cost = cost per ton of waste x tonnage $3,438.00 = $60.00 x (9x314) x (112000) x 365 H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. The Rural Landmarks Survey Report lists several structures within approximately one mile of the site, which were inventoried page 5 IMPACT ANALYSIS STATEMF-'-T PARCEL ID 28 ((A)) 63C due to architecturally or historically significant sites or structures. Please refer to Exhibit 4. 1. COMMUNITY FACILITIES EMERGENCY SER VI CES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire responder facility is the Gore Fire Company No. 14. The nearest rescue responder facility is the North Mountain Fire and Rescue Company No. 19. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $00.00. During the site plan stage of development for the parcel, the Frederick County Fire Marshal will make a determination of the need for water supplies for fire fighting based on the type of building proposed for the site. The owner has agreed to make a financial contribution to the general fund of Frederick County to offset impacts to fire and rescue services. Please refer to the Proffer Statement contained in the Exhibits. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $00.00. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: • Public Library - $00.00; • Schools - $00.00 • Sheriff's Office - $00.002- • 00.00;• Administration Building - $00.00; • Other Miscellaneous Facilities - $00.00. After adjustments for tax credits, the net capital facilities impact is $00.00. Please refer to item 6 in the Appendix. page 6 :7 • REZONING APPLICATION #03-02 HAZEL LAMBERT Staff Report for the Planning Commission Prepared: May 22, 2002 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. Reviewed Action Planning Commission: 06/05/02 Pending Board of Supervisors: 07/10/02 Pending PROPOSAL: To rezone .729 acres from RP (Residential Performance) to B2 (Business General) District. LOCATION: This property is located at the southwestern corner of the intersection of Senseny Road (Route 657) and Greenwood Road (Route 656). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 65A-7-8 & 65A-7-9 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Land Use: Single Family Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business General) & RA (Rural Areas) Districts Uses: Commercial South: Zoned RP (Residential Performance) District Use: Residential East: Zoned RP (Residential Performance) District Use: Residential West: Zoned RP (Residential Performance) District Uses: Residential PROPOSED USE: Business General REZ #03-02, Hazel Lambert Page 2 May 22, 2002 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have a measurable impact on Route 656, Greenwood Road, and Route 657, Senseny Road, the VDOT facility which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation Manual, Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Fire Department access and fire lanes shall be identified during the site plan process. Extension of municipal water supplies for firefighting will be required. Plan approval recommended. Greenwood Volunteer Fire & Rescue: The height of the buildings may need to be known. No hydrant locations shown. And what will the building usage be? This will make a difference on our response. Sanitation Authority: No comment. County Engineer: We do not have any comments concerning the proposed rezoning. Parks & Recreation: This rezoning request provides the opportunity for the developer to support the County Comprehensive Plan by including a right-of-way for the planned Bikeway along Senseny Road. (as revised May 21, 2002) Building Official: No comment required at this time. Shall comment at the time of site plan review of new structures. Please note that a demolition permit issued and an asbestos inspection performed prior to the removal of any structures located on commercially developed property. Historic Resources Advisory Board: Upon review of the Hazel Lambert property rezoning, it appears that the proposal does not significantly impact historic properties. HRAB comment is not needed. County Attorney: Proffers appear to be in proper form once signature of owner accomplished. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson, VA. - W.VA. Quadrangle) depicts the zoning of the land, where the two subject parcels exist today, as R-2 (Residential, Limited) District. The R-2 (Residential, Limited) District zoning classification was modified to RP (Residential Performance) on September 28, 1983, when the R-1, R-2, R-3, and R-6 Zoning Districts were merged into the RP (Residential Performance) Zoning District. REZ #03-02, Hazel Lambert Page 3 May 22, 2002 2) Location The two parcels of this rezoning consist of .729 acres, or approximately 31,755 square feet. The parcels are located in the Shawnee Magisterial District at the corner of Senseny Road (Route 657) and Greenwood Road (Route 656). Country Park Plaza is located directly across Senseny Road from the parcels. 3) Site Suitability a) Environmental Suitability: No flood plains, lakes or ponds, wetlands, sinkholes, natural stormwater retention areas, steep slopes, or woodlands have been identified on the site. The properties are within the Senseny Area Watershed, as identified on page 6-3 of the Frederick County Comprehensive Policy Plan. b) Land Use Suitability: Neither parcel of this rezoning is a component of a community -specific land use plan adopted by Frederick County, nor are there any specific guidelines in the Frederick County Comprehensive Plan regarding the Greenwood Road/Senseny Road intersection. Therefore, potential impacts of this rezoning should be considered carefully. Specifically, the impacts that would be directed to the neighboring residential uses should be effectively mitigated. The proposal to rezone the subject property to commercial is consistent with the goals of the Frederick County Comprehensive Policy Plan. The property is within the Urban Development Area; it can be served by public utilities; it is within close proximity of other retail businesses; and it is located in an accessible location near two major collector roads. C) Transportation Suitability: Senseny Road (Route 657) is identified as amajor collector road by the VDOT (Virginia Department of Transportation). VDOT identifies Greenwood Road (Route 656) as a major collector road north of the Senseny Road intersection and a minor collector road to the south. All portions of both of these roads are components of the Frederick County Secondary Road Improvement Plan. Improvements to all of Greenwood Road are currently on the scheduled list for major road improvement projects from 2002/2003 through 2007/2008. Senseny Road is still on the unscheduled list for major road improvement projects. The 2000 Virginia Department of Transportation Daily Traffic Volumes Report indicates that the traffic volumes for Senseny Road (Route 657) at the Greenwood Intersection range from 5,700 AADT to 10,000 AADT. On the other hand, traffic volumes along Greenwood Road range from 3,300 AADT to 6,100 AADT. REZ #03-02, Hazel Lambert Page 4 May 22, 2002 d) Community Facility & Service Suitability: The two parcels are located within the county's SWSA (Sewer and Water Service Area). Greenwood Volunteer Fire and Rescue currently services the site. 1) Potential Impacts & Issues a) Frederick County Bicycle Plan: The Frederick County Comprehensive Policy Plan identifies Senseny Road (Route 657) as a location of "Short -Term Designation" for a future bicycle lane. It is likely that this bicycle lane will be constructed on the south side of Senseny Road because there are better opportunities for VDOT to acquire right-of-way there. VDOT has advised staff that approximately 10 feet of additional right-of-way will likely be needed from the two parcels of this rezoning prior to construction of the road improvements and bicycle lanes. Therefore, staff strongly supports that the applicant consider designating additional land along Senseny Road for the purpose of future road improvements and a bicycle lane. b) Fire & Rescue Service: The Frederick County Capital Facilities Fiscal Impact Model projects a negative impact to Fire & Rescue in the amount of $6,422.00. The applicant has not provided efforts to mitigate the projected impacts. c) Signage: The Zoning Ordinance allows signage in the B2 Zoning District to be 35 feet tall and either 100 or 150 square feet, depending on whether the business is a franchise or not. Staff believes that a sign of this magnitude would have a negative visual impact on the surrounding area. Staff encourages the applicant to consider utilizing much less intensive signage. For example, a monument sign with a maximum of 50 square feet would be more conducive with the surrounding residential uses. Fifty square feet is the standard for business signs in the B 1 (Business, Neighborhood) Zoning District. d) Parking: In order to reduce the visual impact to the surrounding area, staff believes that it would be prudent if the applicant limits all future parking on the site to the southern portion of the two parcels. e) Additional Landscaping: Staff recommends more than the minimum amount of landscaping be provided on the subject property in order to improve the visual appearance of the area and to screen future business uses from existing residential uses. Particularly, additional landscaping along Senseny Road would be beneficial. REZ #03-02, Hazel Lambert Page 5 May 22, 2002 5) Proffer Statement The applicant has submitted a proffer statement which has been signed, notarized, and reviewed by the County Attorney. The proposed proffer statement would place the following restrictions on the parcels of this rezoning application: Proffer A - Maximum Building Structure Square Feet. The applicant has proffered to limit the total building structures to 10,000 square feet for the entire .73 acres. Staff Comment: It is unclear if this refers to the total square feet or total ground floor area. Perhaps limiting the building to one floor, rather than restricting the square footage, is more appropriate. Proffer B - Prohibited Uses. The applicant has agreed to restrict automotive dealers, gasoline stations, fuel dealers, golf driving ranges, miniature golf courses, and commercial batting cages operated outdoors. Staff Comment: Staff believes the list of prohibited uses that are proffered could be lengthened to include other inappropriate uses. Proffer C - Transportation. The applicant has agreed to restrict the access to the property to only one entrance along Greenwood Road, adjacent to the southern property line of the subject property. Proffer D - Lighting. The applicant has agreed to shield and direct light from the subject property away from adjoining properties. Staff Comment: This proffer statement is unnecessary because the Frederick County Zoning Ordinance presently requires developments to shield or direct light away from adjoining properties and roads. Proffer E - Buffering and Screening. The applicant agrees to provide an eight -foot masonry wall along the western property line if the Board of Zoning Appeals approves a buffer variance along this property line. Staff Comment: Staff recommends the proposed masonry wall and sufficient landscaping be provided along the west and south property lines, regardless of what the Board of Zoning Appeals may, or may not, do in the future. It would be helpful if the applicant included an illustration of the proposed landscape screen with the proffer statement. REZ 403-02, Hazel Lambert Page 6 May 22, 2002 STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MEETING: The request to rezone .73 acres from residential to commercial at the intersection of Greenwood Road and Senseny Road does not directly conflict with the land use goals identified in the Frederick County Comprehensive Policy Plan. However, the rezoning application could be substantially improved to more effectively mitigate the negative impacts that would be incurred from the rezoning of the subject property. The applicant should be prepared to address staff's comments, as well as any comments or concerns raised by the Planning Commission and Board of Supervisors. OUTPUT MODULE Revenue- Net Capital Net Cost Per (Unadjusted.) CQs_tB_alance APPLICANT: PIN 64A-7-8 Dwellinc Unit Net Fiscal Impact $0 $6,422 ERR LAND USE TYPE Comercial Costs of Impact Credit: ERR INPUT MODULE Credits to be Take REAL EST VAL $650,884 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 4 Coital Faciltiies col sum only) Oper Cap Equip Expend/Debt $_ Taxes Other Fire and Rescue Department $6,422 ERR $2,768 $2,768 $0 Elementary Schools $0 $2,967 $3,455 ERR $391,170 Middle Schools $0 ERR $0 $0 $01 High Schools $0 Parks and Recreation $0 $0 Public Library $0 $0 Sheriff's Offices $0 $199 $0 $0 Administration Building $0 $0 Other Miscellaneous Facilities $0 $2,305 $464 SUBTOTAL $6,422 $2,503 $464 $0 LESS: NET FISCAL IMPACT $391,170 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (Unadjusted.) CQs_tB_alance Facilities Impact Dwellinc Unit $0 $0 $6,422 ERR $0 $0 $0 ERR $0 $0 $0 ERR $0 $0 $0 ERR $199 $199 $0 ERR $0 $0 $0 ERR $2,768 $2,768 $0 ERR $2,967 $2,967 $3,455 ERR $391,170 $391,170 391170 ERR $01 ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Be[ = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 — - ---------------------------------------------------------------------------------------------- METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. ------------------------------------------------------------------- ---------------------------------------------------------------------------------------------- ------------------------ --- ------------------ N TES: Model Run Date 5/17/02 ERL P.I.N. 64A-7-8/9 Rezoning: Assumes 10,000 sqaure feet retail on 0.75 acres zoned B2 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. REZ # 03 - 02 Location Map For: Hazel Lambert PIN: 66A-7- 66A-7- W�E 0 30 60 Feet Greenway Engineering February 25, 2002 Hazel C. Lambert Revised May 1, 2002 Rezoning HAZEL C. LAMBERT REZONING Tax Parcels 65A-((7))-8 and 65A-((7))-9 Shawnee Magisterial District Preliminary Matters 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 .73 acres from the Residential Performance (RP) zoning district to the Business General (132) 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 Hazel C. Lambert being all of Tax Map Parcels 65A-((7))-8 and 65A-((7))-9 and further described by boundary survey prepared by Greenway Engineering dated February 19, 2002 (Exhibit A). A.) Maximum Building Structure Square Feet The applicant hereby proffers to limit the total building structures to 10,000 square feet for the entire .73 acres. B.) Prohibited Uses The following uses shall not be permitted on the proposed rezoning: Description Automotive Dealer and gasoline service stations Fuel dealers Golf driving ranges and miniature golf courses Commercial batting cages operated outdoors File 43137/MDS/dls Sic 55 598 7999 Greenway Engineering February 25, 2002 Hazel C. Lambert Revised May 1, 2002 Rezoning C.) Transportation 1.) The applicant hereby proffers to restrict the access to the property to one entrance at a location on Greenwood Road adjacent to the most southern property line of the subject property. 2.) The applicant hereby proffers to dedicate right -of way along Greenwood Road (Route 656) for future road improvements by Virginia Department of Transportation in accordance with the attached Exhibit C, attached to and made part of these proffers. D.) Lighting Building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Planning Department prior to installation. E.) Buffering and Screening In the event approval is obtained by the Frederick County Board of Zoning Appeals for a variance of the zoning distance buffer, Chapter 165-37, the applicant hereby proffers an 8 -foot high masonry wall to be constructed along the western property line adjacent to Tax Map Parcels 65G-((1))-36 and 65G-((1))-37 and as illustrated in Exhibit B, attached to and made part of these proffers. File #3137/MDS/dts Greenway Engineering February 25, 2002 Hazel C. Lambert Revised May 1, 2002 Rezoning F.) 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: By: �� C' 5 O Z Hazel C. mbert Date Commonwealth of Virginia, Ci Count f f TeGi�>l� c To Wit: The foregoing instrument was acknowledged before me this day of 2x2- T My Commission Expires Fc O --,c rn/ Zq , Z00!Lt J Notary "a EGE1"VE MAY 0 �, 2002 File #3137/MDS/dls 3- "' SMAC TTA'ElVIETT HAZEL C. LAMBERT Shawnee District Frederick County, Virginia TM 65A-((7))-8, 65A-((7))-9 .73 Acres February 25, 2002 Current Owner: Hazel C. Lambert Contact Person: Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File 43137/MDS/dls Greenway Engineering February 25, 2002 HAZEL C. LAMBERT REZONING INTRODUCTION Hazel C. Lambert Rezoning This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of an.73-acre parcel owned by Hazel C. Lambert. The subject site is located on the western corner of the intersection of Routes 657 (Senseny Road) and 656 (Greenwood Road). The current zoning is RP (Single Family Residential -Suburban). Hazel C. Lambert proposes to rezone .73 -acre from RP (Residential Performance) to B2 (Business General). See attached Proposed Zoning Map. Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out COMPREHENSIVE PLAN 1. Urban Development Area Intersection of Routes 657 & 656 Shawnee 65A-((7))-8, 65A-((7))-9 RP Single Family Residential -Suburban Business General B2 .73 acre 10,000 SF 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 Access to the subject site, tax parcels 65A-((7))-8 and 65A-((7))-9, is gained by a drive way which is located off of Route 656 (Greenwood Road) on the eastern boundary. File #3137/MDs?dls 2 Greenway Engineering February 25, 2002 Hazel C. Lambert Rezoning Flood Plains The subject site is located on the FEMA NFIP map #510063-011-5 -B. The entire site is located as "Zone C", area outside the 100 -year flood plain. Wetlands There are no visible wetlands on this site. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 36, and contains one soil type: 913 -Clearbrook Channery silt loam - 2-7 percent slope, covers 100% of site B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned B2 (Business General) District South: Zoned RP (Residential Performance) District East: Zoned RP (Residential Performance) District West: Zoned RP (Residential Performance) District C. TRANSPORTATION 1. Traffic Commercial Residential Residential -Vacant Residential With a general office use (ITE 170.) of 10,000 SF, the ITE traffic projection of 11.01 VPD/1000 SF or 110 VPD is anticipated. If a higher traffic use of specialty retail center (ITE 814) is proposed for 10,000 SF, the ITE traffic projections of 40.67/1000 SF or 407 VPD is anticipated. Therefore, the traffic should range from 100 to 400 vehicles per day. File #3137/MDS?dls 3 Greenway Engineering February 25, 2002 Hazel C. Lambert Rezoning D. SEWAGE CONVEYANCE AND WATER SUPPLY Due to the rezoning of the site from RP (Residential Performance) to B2 (Business General); the subject site in question will have a neglible increase to the amount of sewage waste that is disbursed into the eastern portion of the Sewer and Water Service Area (SWSA). With a general office use of gross 10,000 SF/8,000 SF net, a sewage projection of 0.20 gallons per day per net square feet or 1,600 gallons per day is anticipated. F. DRAINAGE A small increase in the amount of drainage is anticipated with the development of the 0.73 acres. Onsite detention will be provided to manage this increased runoff. G. SOLID WASTE DISPOSAL The proposed rezoning from RP (Residential Performance) to B2 (Business General) will not have a significant affect on the solid waste disposal for the Frederick County area. H. HISTORICAL SITES AND STRUCTURES 1. Virginia Division of Historic Landmarks The Virginia Division of Historic Landmarks inventoried one historic landmark: a.) Sylvie Taylor House, file #34-414. 2. Winchester Regional Preservation Office Department of Historic Resources There were no archeological artifacts found on the site. Based on the Historic Resources Advisory Board comment letter dated February 6, 2002, the Hazel Lambert property does not significantly impact any historic properties. File #3137/MDS?d1s 4 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGIl°+TTIA 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 Telephone: (540)-662-4185 Address: 151 Windy Hill Lane, Winchester VA 22602 2. Property Owner (if different from above) Name: Hazel C. Lambert Telephone: (540)-662-0623 Address: 223 Rossum Lane, Winchester, VA 22602 3. Contact person if other than above Name: Mark Smith Telephone: (540)-662-4185 4. Checklist: Check the following items that have been included with this application. Location map *See attached proposed zoning. Plat Deed to Property Verification of taxes paid X Agency Comments X X Fees X X Impact Analysis Statement X X Proffer Statement X RE, FIVE MAY 0 8 2002 DEPT: OF PLANNING;'DEVELOR, TENT 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Hazel C. Lambert b. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Single Family Residential Business General PARCEL IID NUMBER USE ZONING 65A-((7))-7 Single Family Residential RP 65G-((1))-37 Single Family Residential RP 65G-((1))-36 Single Family Residential RP 65G -((1))-38A Regional/Local Gvt RP 65G-((1))-35 Single Family Residential RP 55-((A))-196 Residential RP 55-((A))-194 Commercial (Country Park PIaza) B2 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route number): Southwestern corner of the intersection of Route 657 (Senseny Road) and Route 656 (Greenwood Road). Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 8. Parcel Identification/L.ocation: Parcel Identification Number 65A -(L1)8 and 65A-((7))-9 Magisterial: Fire Service: Rescue Service: 10. 11. Shawnee Greenwood Greenwood Districts High School: Middle School: Elementary School James Wood James Wood Sensany Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested .73 RP B2 73 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: _ Multi -Family Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: 5,000 * Service Station: Retail: 5,000 * Manufacturing: Restaurant: Warehouse: Other *Note: See Impact Statement 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 bet of my (our) knowledge. Applicant(s): Date: � Date: j i 1, `G Z-, Owner (s): J R -(Iven Jed Date: Date: RGE-IV MAY 0 3 2002 DEPT OF PLANNING,'DEVELOPIMEiVT ADJOINING PROPERTY OWNERS NAME TAX MAP # ADDRESS Saratoga Meadows Homeowners 6SG-((1))-38A PO Box 809 Winc, 22604 Travis J. Tisinger 6SG-((1))-37 106 Stirrup Cup Circle Winc Robert Stiff 6SG-((1))-36 104 Stirrup Cup Circle Winc Kathy S. Kerns 6SA-((7))-7 918 Greenwood Rd Winc Carol E. Brown 6SG-((1))-3S 102 Stirrup Cup Circle Winc GMG Properties SS -((A))-194 19 W. Boscawen St, Winc Cora V Clark SS -((A))-196 1932 Senseny Rd, Winc File #3137/dls ADJUSTMENT AS NEEDED FOR SIGHT DISTANCE RI=.OUIREMENTS STIRRUP CUP CIRCLE L SENSENY RD. Rt, 657 LOCATION OF PROPOSED SCREENING WALL SCREENING WALL SECTION N:T;_ ` NOTE: THIS DETAIL DEMONSTRATES THE HEIGHT AND TYPE OF MATERIAL ONLY_ ALL STRUCTURAL ASPECTS WILL BE EWGINEERED AT THE TIME OF SITE PLAN APPROVAL, DOTER MAW D. SMITW N0.022B3T DATE: FEBRUARY 2002 SCALE: NA DESIGNED BY: MDS/J JOB NO. 3137 SHEEP 1 OF i O H� U z w C E- 04 w z �ou � x N DATE: FEBRUARY 2002 SCALE: NA DESIGNED BY: MDS/J JOB NO. 3137 SHEEP 1 OF i ee give F ZONING LEGEND,'^ -- J Rte RURAL AREA DISTRICT RP RESIDENTIAL PERFORMANCE DISTRICT 8-2 BUSINESS, GENERAL DISTRICT I z N ID N W z � , N C N N !1) 1 o T v� N Q L v'N >,., v n Z y v WWW 3 u ILO m x /® L L Yom% d 0 W a �> pL L W y MARK D.. SMITH No.022837 DATE1 9/28/2001 SCALE, 1'=100' DESIGNED BY.NDS/JNT JOB NO, 3137 SHEET 1 OF 1 U� �z Lu E- D? G�7 z(4 0 Lu N W Q W DATE1 9/28/2001 SCALE, 1'=100' DESIGNED BY.NDS/JNT JOB NO, 3137 SHEET 1 OF 1 %W 89 / ® / v 1 /Ammak I y F -1 ZONING LEGEND•' - ----tet RA RURAL AREA DISTRICT U RP RESIDENTIAL PERFORMANCE DISTRICT B-2 BUSINESS, GENERAL DISTRICT c� Z_ N 120 fZ N U W N N d Z �N L 1 J� oa, _ " =L Lo (,j a�co Z c K, s v Lo W u ° x !Z L m L i L O N a m> L W N L MARK D.. SMITH No.022837 E - E- LU H W z zC4 w z Nw �1 Goo LLIw < (4 Wa DATE] 9/28/2001 SCALEo .1'=100' DESIGNED BY-NDS/JNT JOB NO, 3137 SHEET 1 OF 1 • • C REZONING APPLICATION #04-02 KIM G. HENRY Staff Report for the Planning Commission Prepared: May 22, 2002 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. Reviewed Action Planning Commission: 06/05/02 Pending Board of Supervisors: 07/10/02 Pending PROPOSAL: To rezone 0.557 acres from B2 (Business General) to B3 (Industrial Transition) District, and 0.765 acres from B3 (Industrial Transition) to B2 (Business General). LOCATION: The parcels are located on Fort Collier Road between Baker Lane and Huntington Meadows subdivision. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-8-41,42,23,24,25&26 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) District Land Use: Office and vacant B3 (Industrial Transition) District ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B3 (Industrial Transition) District South: Zoned B2 (Business General)District East: Zoned RP (Residential Performance) District West: Zoned B2 (Business General) District Zoned RP (Residential Performance) District Use: Office and Warehouse Use: Office and Retail Use: Residential (Townhouses) Use: Office and Retail Use: Residential (Single Family) REZ #04-02, Kim G. Henry Page 2 May 15, 2002 PROPOSED USE: Commercial and Office REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have a measurable impact on Route 1322, Fort Collier Road the VDOT facility which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual. Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: No significant impacts. Construction requires components applicable to Frederick County Code Section 90, Chapter 10. Fire Lane markings and signage, as well as municipal water supplies for firefighting, provided for each site during construction phase. Plan approval recommended. Greenwood Volunteer Fire & Rescue: No impact according to model; water hydrant locations appear to be sufficient. Sanitation Authority: No comment. County Engineer: We do not have any comments concerning the proposed rezoning. Historic Resources Advisory Board: No comment concerning the proposed rezoning. City of Winchester: No comments. Planning & Zoning: 1) Site History The subject properties were zoned M-1 in 1987. Rezoning application #029-87 submitted by Mr. Kim Henry was approved by the Board of Supervisors on September 9, 1987. This 1987 rezoning application was a request to rezone 27 acres of M-1 (Light Industrial) to B-2 (Business General) and B-3 (Industrial General). According to the 1987 rezoning staff report, the applicant's specific rezoning request was to have 19 acres of B2 District located on the southern side of proposed "Gordon Drive" and 6.9 acres of B3 District located on the northern side of"Gordon Drive." Proposed "Gordon Drive" is now named Fort Collier Road. Fort Collier Road was not constructed in the same location as originally planned when Rezoning application #029-87 was approved. The change in location of Fort Collier Road caused the properties located on the south side of the proposed "Gordon REZ #04-02, Kim G. Henry Page 3 May 15, 2002 Drive" to have `split zoning.' Staff research indicates that the rezoning approved by the Board of Supervisors in 1987 specified the exact amount of acreage (27 acres: 19 acres of B-2 and 6.9 acres of B-3). A subsequent relocation of a proposed road intended to provide a zoning district boundary does not allow the zoning district map to be redrawn when, or if, the proposed road is constructed on an alignment other than what was proposed. The proper venue to correct the zoning district boundary is through an approved rezoning by the Board of Supervisors. 2) Location The subject parcels are located along Fort Collier Road, east of its intersection with Baker Lane. Huntington Meadows subdivision is located immediately east of the subject parcels. 3) Intended Use The applicant intends to use the properties for commercial uses. Business General (B2) type uses are envisioned for the southern side of Fort Collier Road. Industrial Transition (B3) type uses are envisioned for the northern side of Fort Collier Road. 4) Site Suitability The Comprehensive Policy Plan indicates that commercial uses are appropriate in the vicinity of the proposed rezoning. Additionally, the requested rezoning is consistent with the present zoning of the site, as well as the immediately adjacent area. STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MEETING: The request is consistent with the immediately adjoining properties, as well as the Comprehensive Policy Plan. The request is an effort to clarify the location of the zoning district lines, utilizing Fort Collier Road as the zoning district boundary, which results in B2 on the south side of Fort Collier Road, and B3 on the north side ofFort Collier Road. Staffis not aware of any significant impacts that might result from this rezoning request. 0:\Agendas\COMMENTS\REZONING\Staff Report\2002\Kim Hentywpd OUTPUT MODULE Revenue- Net Capital Net Cost Per (_Unadjusted) O4st Balance APPLICANT: PIN 54-A-97 Dwelling U nit Net Fiscal Impact $0 $9,416 ERR LAND USE TYPE Business Costs of Impact Credit• ERR INPUT MODUULE__ r its to Le Take REAL EST VAL $1,726,014 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 9 Capital Fa iltiie col sum only) Oper_Cap Equip Expend/DaUt S. Taxes -Other Fire and Rescue Department $9,416 ERR $7,341 $7,341 $0 Elementary Schools $0 $7,868 $1,548 ERR $1,031,932 Middle Schools $0 ERR $0 $0 0 High Schools $0 Parks and Recreation $0 $0 Public Library $0 $0 Sheriffs Offices $0 $527 $0 $0 Administration Building $0 $0 Other Miscellaneous Facilities $0 $6,111 $1,230 SUBTOTAL $9,416 $6,638 $1,230 $0 LESS: NET FISCAL IMPACT $1,031,932 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (_Unadjusted) O4st Balance Facilities Impact Dwelling U nit $0 $0 $9,416 ERR $0 $0 $0 ERR $0 $0 $0 ERR $0 $0 $0 ERR $527 $527 $0 ERR $0 $0 $0 ERR $7,341 $7,341 $0 ERR $7,868 $7,868 $1,548 ERR $1,031,932 $1,031,932 (S_1031 932 ERR 0 ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 3/7/02 ERL P.I.N. 54 -A -97L, 97F, 54-8-41,42, 24 Rezoning: Assumes 26,518 sq -ft. retail on 1.3 acres zoned B-2 and B-3 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. RP Ra R? a� RP 54J 4 3 75A RP RP 83 __.--- Ute%_4! NRYi(1 RP NE,Etti„hO 82 qS 83 RP C0'0 9 HENRY: NF.RLY G RS 54 8 42 ~► d" B�Fs B2 oO s' ll q 80�rRLS 2 00 r00 27jNOryq 9j/ 82 TRLS q roo eo�Mgy9jH B2 q �FRys 9iG 54 A 97F B2 ex HENRY, KIMIRLY 9 RADER INVESTMENT GROUP, LLC 54 A 97B M1 ESTES EXPRESS LINES 54 A 97A Mt 000' Q HENRY, KIMBERLY G ?� - 54 A 97S 83 83 •..� 83 ?0�. TJC FN:TERPAws, LLC O O 54 8 7,4- 62 4- �O 6. HENRY, KIMER0 G 54 A OIL J� 54 A WE B2 / FERTIG CABINET CO, INC RP 'PIP r REZ # 04 - 02 Location Map For: CIM G. HENRY PIN: 54 - A - 97L & F 54-8-41 &42 54-8-24 i IMPACT ANALYSIS STATEMENT ,A► PROPOSED REZONING for PARCEL ID 54 ((A)) 97L, 54 ((8)) 41, 54 ((8)) 42, 54 ((8)) 24, AND 54 ((A)) 97F Stonewall Magisterial District Frederick County, Virginia March 11, 2002 Prepared for: Mr 921 Kimerly G. Henry Breckinridge Lane Winchester, Virginia 22601 Prepared by: PAINTER -LEWES, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@earthlink.net Job Number: 0106021 MAY e 2002 IMPACT ANALYSIS STATEMFkIT PARCEL ID - 54 ((A)) 97L, 54 �, .)) 97F, 54 ((8)) 41, 54 ((8)) 42, ANk- 04((8))24 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section 1ELaz 1. INTRODUCTION 1 A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. OTHER IMPACTS 6 APPENDIX 7 IMPACT ANALYSIS STATEMENT PARCEL ID - 54 ((A)) 97L, 54 �, .)) 97F, 54 ((8)) 41, 54 ((8)) 42, AN, .;4((8))24 i. INTRODUCTION Kimerly G. Henry, (property owner) purchased a tract of land in the late 1980's located just outside the Winchester city limits, along Baker Lane in the county of Frederick, Virginia. The property Tax Map Number was 54-((A))-97 and the property consisted of approximately 30 acres of land. Refer to Exhibit 3. In 1987, Rezoning Request No. 029-87 was approved to rezone about 19 acres on the southern side of the parcel from M-1 to B-2, and about 6.9 acres on the north side of the parcel from M-1 to B-3. A plat exhibit attached to the rezoning documents shows the subject property with a proposed 60' right-of-way separating what apparently is the dividing line between the B-2 and B-3 zones. Refer to Exhibit 3. Subsequently, Fort Collier Road was constructed through the parcel. The alignment of Fort Collier Road did not coincide with the 60' right-of-way shown on the above refer- enced rezoning plat exhibit. In 1991, Mr. Henry had a Master Development Plan created for the property. The Master Development Plan showed Fort Collier Road as the dividing line between the B-2 and B-3 zones. According to the Master Development Plan the zoning line was to follow the centerline of Fort Collier Road. The land to the North and East side of the road centerline was to be zoned B3 (Industrial Transaction District). The land to the South and West of the road centerline was to be zoned B2 (Business General District). Refer to Exhibit 4. While the Master Development Plan was approved as described, the zoning line location was never amended to match the Fort Collier Road centerline. According to the current zoning map of Frederick County, the zoning line generally follows the right- of-way shown on the original 1987 rezoning plat exhibit. Consequently, the zoning line now bisects five of the existing subdivided lots: 54((A))97L, 54((8))41, 54((A))42, 54((8))24, and 54((A))97F. Refer to Exhibit 1. The owner desires to rezone the portions of the five previously mentioned parcels and establish a new zoning line as originally intended by the 1991 Master Development Plan for the Henry Business Park. This line would follow the existing centerline of the Fort Collier Road right-of-way until it intersects with the existing B2/RP zoning lines. The rezoning for each parcel involved would be as follows: 1. Parcel 54((A))97L would have .557 acres of B2 zoned land rezoned as B3. 2. Parcel 54((A))97F would have .011 acres of B3 zoned land rezoned as B2. 3. Parcel 54((8))41 would have .202 acres of B3 zoned land rezoned as B2. 4. Parcel 54((8))42 would have .248 acres of B3 zoned land rezoned as B2. 5. Parcel 54((8))24 would have .304 acres of B3 zoned land rezoned as B2. Parcel 54((8))24 is the only parcel of land involved not owned by Mr. Henry. This parcel has been included in this rezoning application for the purposes of providing a j consistent zoning line along the Fort Collier Road centerline. page 1 IMPACT ANALYSIS STATEMENT PARCEL ID-54((A))97L, 54 _A)) 97F, 54((8))41, 54 ((8)) 42, AIS 54((8))24 A. SITE SUITABILITY The Frederick County Comprehensive Policy Plan discusses areas in Frederick County that have concentrated uses of retail, office, manufacturing, and warehouse in the vicinity of major transportation routes, especially Where they intersect with one another (i.e. Interstate 81, Route 7, Route 11, Route 50, etc.). The parcels in question for rezoning are within one of the concentrated business areas recognized by the Comprehensive Policy Plan, as they are in close proximity to the Route 7 corridor and the Route 7/Interstate 81 interchange. The properties to be rezoned have frontage on either Baker Lane, Fort Collier Road, or both. Baker Lane and Fort Collier Road are direct access routes to Route 7. Fort Collier Road intersects with Baker Lane and curves through the Henry Business Park to intersect with Route 7. This road layout along with relatively flat topography provides quality vehicular access and circulation to and from the properties. As stressed in the Comprehensive Policy Plan Mr. Henry has provided plans (Henry Business Park Master Development Plan) that address concerns for accommodating vehicular access within the Business Park to the major arterial routes. The plan also addresses the supply of sufficient water, sanitary sewer, and other utility services to the parcel subdivided within the business park. The rezoning of portions of the five parcels as described will provide a clear delineation of the zoning line in the Henry Business Park. 900 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B and 510173 0002 B shows the subject area to be outside of any flood hazard zone. There is an existing intermittent stream located along the northern boundary line of Parcel 54((A))97L. The 100 year precipitation event for this stream will result in a flood water surface elevation of approximately 670.72 at the property. This elevation determined by calculations performed in association with the most recent site plan for the parcel. WETLANDS Some wetlands indicator plants have been identified on Parcel 54((A))97L. The areas of potential wetlands have been identified on Exhibit 1. Wetland Area 1 contains approximately 1,800sf. Wetland Area 2 contains approximately 1,200sf. STEEP SLOPES Steep slopes are defined by the Frederick County Code as slopes exceeding 25%. The eastern portion of the site contains approximately 0.65 acres of steep slopes. The topography across the remainder of the parcel varies between 2% and 25% slope with a few small areas exceeding 25%. page 2 IMPACT ANALYSIS STATEMFNT PARCEL ID - 54 ((A)) 97L, 54,,.-k)) 97F, 54 ((8)) 41, 54 ((8)) 42, Ah_ 54((8))24 MATURE WOODLANDS No woodlands have been identified on this site. Woodlands are generally defined by the Frederick County Code as including largely mature trees in groves greater than 1/4 acre. The wooded area of the site contains immature second growth deciduous vegetation with some scattered larger trees that average 15"-20" diameter. SOILS According to the Soil Survey of Frederick County,- the site contains the following soil types: #36- Pits, Quarries, and Dumps; #3213- Oaklet Silt Loam (2%-7% slope); and #6C- Carbo-Oaklet Silt Loam (very rocky,2%-15% slope). The primary soil is the #36. This area was once used as a quarry for extracting clay. These soils are within the area designated as the Frederick-Poplimento-Oaklet association which are gently sloping to very steep, very deep, well -drained soils formed in material weathered from limestone. B. SURROUNDING PROPERTIES Parcel 54((A))97L is adjacent to parcel 54((A))97A zoned M1 (Estes Express Lines trucking company). The eastern border is adjacent to the RP zoned open space area (parcel 54L -2-2-284A) managed by the Huntington Meadows Homeowners Association. The western property lines of lot 54((A))97L are bordered by another property owned by Mr. Henry (parcel 54((A))97S). This parcel falls completely within the existing B3 zoned area and is used for commercial office/ warehouse purposes. The southern most tip of lot 54((A))97L is bordered by the Stratford Drive right-of-way. Route 1322- Fort Collier Road forms the southwestern border of 54((A))97L and the northeastern border of the remaining four parcels to be rezoned. Parcel 54((A))97F is adjacent to lot 54((A))97E to the south which is currently the Fertig Cabinet Company zoned B2 Most of the northern and eastern borders are adjacent to the Fort Collier Road right-of-way. The southern boundary lines of lots 54((8)41, 54((8))42, and 54((8))24 also make up part of the northern boundary line. The western border of lot 54((A))97F is adjacent to B2 zoned lots: 54((A))97M, 54((A))97K, 54((A))97J, 54((A))971, 54((A))97H, and 54((A))97G. Over half of these six adjacent lots are used for commercial or industrial purposes. The remaining lots are currently vacant. Parcel 54((8))41 is a corner lot at the intersection of Baker Lane and Fort Collier Road The southwestern border is shared by Lot 54((A))97F (currently vacant) and lot 54((A))97M, A's Copier Sales & Service, Inc. zoned B2 The southeastern boundary line is adjacent to Lot 54((8))42 which is currently vacant. Parcel 54((8))42 is located along Fort Collier Road which makes up it's northeastern boundary line. The northwestern property line is adjacent to the above° mentioned parcel 54((8))41 which is currently vacant land. The southwestern and southeastern boundary lines are adjacent to the vacant Henry property- 54((A))97F. page 3 IMPACT ANALYSIS STATEMENT PARCEL ID - 54 ((A)) 97L, 51, _A)) 97F, 54 ((8)) 41, 54 ((8)) 42, Al 54((8))24 Parcel 54((8))24, Signet Screen Printing, has frontage along Fort Collier Road to the northeast. The remaining property lines are adjacent to the vacant Henry property- 54((A))F. Please refer to Exhibit 2 for locations of these properties. C. TRAFFIC According to figures from the Virginia Department of Transportation, the 2000 Annual Average Daily Traffic Volume on the portion of Route 1322 - Fort Collier Road from where is intersects Route 1200 - Baker Lane to its intersection with Route 7 - Berryville Ave. is 5000 vehicle trips. This figure is factored to account for all motorized vehicles. Traffic impacts from the proposed rezoning will be estimated using the figures in the ITE Trip Generation Manual, Sixth Edition. Since no specific land use is being proffered for the sites, the category of Land Use which will be applied to the total 1.322 acres proposed for rezoning reflects the most intensive use, that is, retail sales. For the land being rezoned B3 to B2 The Frederick County Capital Facilities Fiscal Impact Model assumes that a potential 14,418 square feet of retail sales space could be built on the land as it is now, zoned B3. The Fiscal Impact Model also assumes that the same land rezoned as B2 could have built 16,341 square feet of retail sales space. This is a net difference of 1,922.44 square feet. This difference results in a traffic flow increase of: Specialty Retail Center, Code 814 Based on 1000 square feet of gross leasable area. (1922.44/1000=1.92) Weekday: 40.67 trips per 1.92 sf = 78.08 trip ends ■ Sunday: 20.43 trips per 1.92 sf = 39.22 trip ends Weekday A.M. Peak Hour: 6.41 trips per 1.92 sf = 12.31 trip ends ■ Saturday: 42.04 trips per 1.92 sf = 80.72 trip ends ■ Weekday P.M. Peak Hour: 4.93 trips 1.92 sf = 9.47 trip ends For the land being rezoned B2 to B3, the Frederick County Capital Facilities Fiscal Impact Model assumes that a potential 11,898 square feet of retail sales space could be built on the land as it is now, zoned B2. The Fiscal Impact Model also assumes that the same land rezoned as B3 could have built 10,498 square feet of retail sales space. This is a net difference of 1,400 square feet. This difference results in a traffic flow decrease of: Specialty Retail Center, Code 814 Based on 1000 square feet of gross leasable area. (1400/1000=1.4) • Weekday: 40.67 trips per 1.4 sf = 56.93 trip ends ■ Sunday: 20.43 trips per 1.4 sf = 28.60 trip ends ■ Weekday A.M. Peak Hour: 6.41 trips per 1.4 sf = 8.97 trip ends ■ Saturday: 42.04 trips per 1.4 sf = 58.86 trip ends • Weekday P.M. Peak Hour: 4.93 trips 1.4 sf = 6.90 trip ends page 4 IMPACT ANALYSIS STATEMFNT PARCEL ID - 54 ((A)) 97L, 54 _,,))97F, 54((8))41, 54 ((8)) 42, An 54((8))24 The type of retail use that served as a model for traffic impacts will be Specialty Retail Center, Code 814. Specialty Retail Centers are generally small strip shopping centers that contain a variety of retail shops and specialize in quality apparel, hard goods, and carviras si irh ns real estate offices dance sti dins flnrists and small restai grants. D. SEWAGE CONVEYANCE AND TREATMENT There are currently public sewage facilities available to serve the subject parcels. The Henry Business Park Master Development Plan indicated the availability of sanitary sewer service throughout the business park. All sanitary lines shall be within 20' easements and shall comply with the Frederick County Sanitation Authority, and Virginia Department of Health codes and requirements. E. WATER SUPPLY There are currently public water facilities available to serve the subject parcels. The Henry Business Park Master Development Plan indicated the availability of water service throughout the business park. All water lines shall be within 20' easements and shall comply with the Frederick County Sanitation Authority, Virginia Department of Health codes and requirements, and the Office of Water Programs. F. DRAINAGE The topography of the Henry Business Park is gently rolling except for the land adjacent to the Huntington Meadows open space. All storm water runoff flows toward the intermittent stream located along the northern property line adjacent to the Estes Express Lines property. An increase in storm water runoff can be expected with any development on these parcels. Storm water management will be provided in accordance with Frederick County Code, Chapter 165. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is the Frederick County Sanitary Landfill located on Sulphur Spring Road. Solid waste pick-up will be provided by individual property owners as necessary. Since the subject land is currently zoned for commercial use, the amount of solid waste generated as a result of the proposed rezoning is not likely to change. H. HISTORIC SITES AND STRUCTURES The properties involved in this rezoning application contain no known historic sites or structures as listed on the Virginia Landmarks Register or the National Register. page 5 IMPACT ANALYSIS STATEMFNT PARCEL ID - 54 ((A)) 97L, 54 ,. 1)) 97F, 54 ((8)) 41, 54 ((8)) 42, AN 54((8))24 According to the Frederick County Rural Landmarks Survey, there are several significant sites that lie within or just over a mile of the Henry Business Park. These include 31-165 Fort Collier, 34-408 an existing house along Route 7, 34-1148 Brookland Mill Site, 34-1159 the Leanna Hayden House, and The Old Stone Church and The Plains located in the City of Winchester. The Rural Landmarks Survey Report lists these structures due to their architectural or historical significance. Please refer to Exhibit 5. I. COMMUNITY FACILITIES EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Volunteer Fire Company (Company 18) located on Greenwood Road. No additional fire and rescue facilities will be required for the areas proposed to be rezoned._ The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $00.00. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $00.00. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: • Public Library - $00.00; • Schools - $00.00 • Sheriff's Office -$00.00; • Administration Building - $00.00; • Other Miscellaneous Facilities - $00.00. After adjustments for tax credits, the net capital facilities impact is $00.00. Please refer to item 8 in the Appendix. page 6 IMPACT ANALYSIS STATEMENT PARCEL ID - 54 ((A)) 97L, 5 ^)) 97F, 54 ((8)) 41, 54 ((8)) 42, A. -) 54((8))24 IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 - PROPERTY MAP 1 EXHIBIT 2 - LOCATION MAP 2 EXHIBIT 3 - 1987 REZONING PLAT EXHIBIT 3 EXHIBIT 4 - 1991 MASTER DEVELOPMENT PLAN 4 EXHIBIT 5 - HISTORIC STRUCTURES MAP 5 EXHIBIT 6 - FISCAL IMPACT MODEL 6 EXHIBIT 7 - PROPERTY DEEDS 7 EXHIBIT 8 - CURRENT TAX STATEMENT 8 page 7 IMPACT ANALYSIS STATEMENT PARCEL ID - 54 ((A)) 97L, 54 ((A)) 97F -54 ((8)) 41, 54 ((8)) 42, AND 54((8))2A BEN.,HMARK RR SPIKE TN ELEV. 680.55 KWCRC Y G. HENRY EXHIBIT 1 - PROPERTY MAP PIN.' ' OB 601, PC IIS ZONEO. B7/RT USE WCAM Z .614 ACRES / Y PR. ZONING LINE %. BLDG. A' R -X15.00 KAIERCY C. HENRY PIN 54-6-41 OB 501, PG 445 L .2 ZOlvM. B2/B3 "r5 � USE' YACAM y, L"]t0] 5B ACRE^ S -KIA/ERCY C. HENRY ESTES EXPRESS C/NES PIN 54 -A -97S PIN- 54 -A -97A D.B. 932, PG 909 D.B. 565, PG. 2116 ZONEOr 83 ZONEO: MI EX. ZONING LINE USE' COA+,uERI/AL USE' COA/A/ERCIAL - MICKING TERM/NRL 58820'27"W 292.64'Ned'32d8,7 63 // `—IKITERMMTENT STREAIA \ jWETLAND !Ot'S9'33'W�j�� / AREA t 132.26' `E 1,800 SF �.3 `cl/ ` \ N26 43'58'W 11 116.43' E%. BLDG. K GQ /v K!A/ERC Y G HENRY �j i PIN 54 -A -97L z /rc OB 704, FC 47 885.00 EX. BL - xy L E%. BLDG. a 7/0 EA7F Pf8l -T LLC e m �� w9ti C'Tif P/N.5 51-6-2R $\ \ OB 953, PG 7010 c EZZO.NINIIG morcel Current Zcnira EX. ZONING LINE Acres 54(rA1)97L ,c a 0 B3 .557ocres b 9 7 F B3 B2 O Gl �O \Q ti B2 �soic TGr Y PR. ZONING LINE %. BLDG. A' R -X15.00 KAIERCY C. HENRY PIN 54-6-41 OB 501, PG 445 L .2 ZOlvM. B2/B3 "r5 � USE' YACAM y, L"]t0] 5B ACRE^ S -KIA/ERCY C. HENRY ESTES EXPRESS C/NES PIN 54 -A -97S PIN- 54 -A -97A D.B. 932, PG 909 D.B. 565, PG. 2116 ZONEOr 83 ZONEO: MI EX. ZONING LINE USE' COA+,uERI/AL USE' COA/A/ERCIAL - MICKING TERM/NRL 58820'27"W 292.64'Ned'32d8,7 63 // `—IKITERMMTENT STREAIA \ jWETLAND !Ot'S9'33'W�j�� / AREA t 132.26' `E 1,800 SF �.3 `cl/ ` \ N26 43'58'W 11 116.43' E%. BLDG. K GQ /v K!A/ERC Y G HENRY �j i PIN 54 -A -97L z /rc OB 704, FC 47 885.00 EX. BL - xy L E%. BLDG. a 7/0 EA7F Pf8l -T LLC e m �� w9ti C'Tif P/N.5 51-6-2R $\ \ OB 953, PG 7010 c EZZO.NINIIG morcel Current Zcnira PIoL)osed Zenina Acres 54(rA1)97L B2 B3 .557ocres b 9 7 F B3 B2 .011ocres 54((8))41 B3 B2 .202acres :'4((8))42 B3 B2 248acres I8) )2 �,�4 B3 B2 .304acres ctel AC'es '21 E3 To Be Rezoned B2= .765acres -or"Jred Tofil Acres Of Land To Be Rezoned= 1-322acres ZONED.' B1/B3 ti c, o� LSE' VACANT G 5T9 ACRS p �o o WETLAND � AREA 2 11290 SF ✓aCe,✓YT- J —= 9. ' dC y7� L=4229.855 L =}0.GO' � L=49.69' J S86'0 722 -W 37.57' STRATFORD DRIVE HCMEOZ'CI NWNERSRS A(EADOWS RS50047/pV jG DON BUTLER P 4.S4C-I-1-53A G.B. 675 PG 791 ZON�O.' RP USE.YACANT-EXEAIPT / fEO J. & CEO.PCiA /ROSS/TE: / P/N' 54G-7-31 OB 910, PG :85 L ZCY✓EO' RP USE.' RES/pEh'i/AL KIMERLY G HENRY PROPERTIES FREDERICK COUNTY, VIRGINIA \lE t'=150 D'*-' Br; p: 0105021 REVISED S_ PAINTER—LEWIS, P.L.C. WNCHESTER, VIRGINIA PROPERTY MAP DPAWNG NO.: pr—riy M,P.arq ZONED, 82/83 USE' couMERC/AL .979 ACRES ` tt KIVERLY G. HENRY PIN 54 -A -97T ' 1 OB 671, PC 710 'ON£O' B2/BS - L1 E.- VACANT 16.47 ACRES ; PR. ZONING LINE — O ZC9 I r / 11 / EX. ZONING LINE 0®, / ZONED.' B1/B3 ti c, o� LSE' VACANT G 5T9 ACRS p �o o WETLAND � AREA 2 11290 SF ✓aCe,✓YT- J —= 9. ' dC y7� L=4229.855 L =}0.GO' � L=49.69' J S86'0 722 -W 37.57' STRATFORD DRIVE HCMEOZ'CI NWNERSRS A(EADOWS RS50047/pV jG DON BUTLER P 4.S4C-I-1-53A G.B. 675 PG 791 ZON�O.' RP USE.YACANT-EXEAIPT / fEO J. & CEO.PCiA /ROSS/TE: / P/N' 54G-7-31 OB 910, PG :85 L ZCY✓EO' RP USE.' RES/pEh'i/AL KIMERLY G HENRY PROPERTIES FREDERICK COUNTY, VIRGINIA \lE t'=150 D'*-' Br; p: 0105021 REVISED S_ PAINTER—LEWIS, P.L.C. WNCHESTER, VIRGINIA PROPERTY MAP DPAWNG NO.: pr—riy M,P.arq IMPACT ANALYSIS STATEMENT PARCEL ID - 54 ((A)) 97L, 54 �,A)) 97F, 54 ((8)) 41, 54 ((8)) 42, AN- 54((8))24 EXHIBIT 3 - 1987 REZONING PLAT EXHIBIT REZONING REQUEST #029-87 Kim Henry Rezone 27 acres from M-1 (Industrial Limited) to B-2 (Business General) and B-3 (Industrial Transition) LOCATION: Baker Lane, north of Fertig Cabinet MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: A business zoned B-2 (Business General), warehouse uses zoned M-1 (Light Industrial) and vacant land zoned RP (Residential Performance) PROPOSED USE AND IMPROVEMENTS: Business REVIEW EVALUATIONS: Transportation Department - No objection to rezoning. It is felt additional right -of -way should be provided along Baker Lane to allow reconstruction and straightening of this roadway along the frontage of this property. Sanitation Authority - Water and sewer are available. Greenwood Fire Company - The Greenwood Fire Company has no problem with this rezoning. Must meet Chapter 10 of the Frederick County Fire Code. Inspections Department - This rezoning request shall comply to Section 306.0, Use Group F-1, of the BOCA Basic National Building Code. Planning and Zoning - The following issues should be considered: LOCATION: The site is located between substantial commercial areas to the south, residential areas to the east and west, and industrial areas to the north and west. The site is located on Baker Lane, which travels from Route 7 through commercial areas to reach this site. The proposal includes two portions. It is proposed that 19 acres on the southern side be rezoned to B-2, next to Fertig Cabinet, which is currently zoned B-2. Approximately 6.9 acres on the northern side are to be rezoned to B-3. The proposed B-3 area would provide an appropriate transition between business and industrial REZONING REQUEST -#029-87 Kim Henry IMPACTS: Rezoning from industrial to business zoning will probably increase traffic generation on a per acre basis. This may have an impact on Baker Lane and may increase congestion at the intersection of Baker Lane and Route 7. It may increase congestion on other roads in the industrial area, but most of the impacts will probably be on Baker Lane. The rezoning will probably not have a significant impact on surrounding properties. CONCLUSION: Baker Lane is a major road through existing commercial and industrial areas. The projected increase of traffic on this major road, caused by the rezoning from M-1 to B-2 and B-3, is probably not sufficient grounds for denying this rezoning. The proposal would expand existing business areas in relation to industrial areas, while maintaining an appropriate transition area. The staff has no objection. 'R STAFF RECOMMENDATIONS: Approval PLANNING COMMISSION RECOMMENDATIONS: Approval, by the following majority vote: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, DeHaven, Romine NO: Messrs. Myers, Golladay, Wilson, Brumback FERTIG CABINET Co., INC. CO c) ,10 CD U -�' co tin tw ° • o r= in �N C O Baa q 3 0 V) M W' a - ACRES P' 0 C , 3, — "-- ]31Ac bk90 C I I RDON 5 Vlon °� 1-5 DRIVE alo c�YOsp, 56h Q�p CL�ne� �;5%�00' R/W j / -- - 183.73' "�ti .til S . V1¢ a5: d o� S 580 0 2' 57" E _ o 19 i 1991 S1580 02'57" E 1183.73- 4I n 5e��5eM OO ry/ / �aseme C; vintec OS 1 �11ytiS NOTES h e� U- Z' 405 1. The property shown on this plat is a / nts��se� f portion �S��S�� cconveyedto J.that same property P. Darlington Isp°/ . SQ D.B.518, Pg.32. 2. The property shown on this plat is'a `L -- portion of that same property shown or TOTAL AREA = 34.6353 ACRES Frederick County Tax Assessment Map No. 54 - ((A)) - Parcel 97. 3. No Title Report Furnished. S baa ewe 4. This survey is subject to all easements f�oee ¢ and rights of way of record, whether is shown or not sho A/C.- / ,p�,LTN O`4N, SUBDIVISION OF A PORTION Or THE PROPERTY OF � Elliott l3itchie,Jr V. J. P: DARLINGTON u STONEWALL DISTRICT LICENSE No FREDERICK COUNTY, VIRGINIA �� SCALE:' AUGUST 3, 1987 RITCHIERITCSURVEYS q"VD SURv�yO STPEIIENS CITY, VIRGINIA P— - Revised 8-4-87 Sheet 2 of 2 IMPACT ANALYSIS S i ATEMENT PARCEL ID - 54 ((A)) 97L, 54 ((A)) 97F, 54 ((8)) 41, 54 ((8)) 42, AND 54((8))24 SfJRWMR'$ QR77RCAM EXHIBIT 4 - 1991 MASTER DEVELOPMEUT PLAN SAKZR UVE ------ ------- Almi nranx as eur . f LOT 4o or ,45 ( Or J% 45 ( LOT " LO- 4. Or I LOT. ILO�J5 r zi Or 08 LE-CkWD Wr je! k t ; r 17 IPT.2.0..," Lorj5 t .1OT 1�7 't,07,35 LO I LOT 27' - --- — -------- T, !or 28 loryo 0 0 -------- --- ....... ..... .... F r COWER V op P - MAIM SCALE IMPACT ANALYSIS STATEV— SIT PARCEL ID - 54 ((A)) 97L, 54 kkA)) 97F, 54 ((8)) 41, 54 ((8)) 42, AI -4J 54((8))24 EXHIBIT 5 - HISTORIC STRUCTURES MAP Number Common Name Number Common Name 34165 Fort Collier 34408 House, Route 7 341148 Brookland Mill Site 341159 LeAnna Hayden House The Plains Old Stone House CIRCLE INDICATES 1 MILE RADIUS FROM PROPERTIES TO BE REZONED. IV ITaIZ 3'4 145 Cuue,t+4 --TI415 "I 54- I I'S` S-1-401 3�- II -18 lqlO-Z- REZONING APPLICATION FORM REDERICK Cf:'L'1`Z T i, "V"IRGINIA To be completed by Planning Staff Zoning Amendment Number ' r PG Hearing Date r Z,. Date Received .- BOS Hearing Date___7- 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: Q�,i�-rtitisz -L Ewes . p,�,L, Telephone: S�4a-L,�z-5-19z Address: 50-Z, S. 13aAc>flec.K �-', ,r7 -E- 7ocy wam c.+-�->n7G . , VA Zztcc> I 2. Property Owner (if different than above) Name: MR., K," As, -,-i Telephone: r54o_ �,-7g_18-7o, Address: 117-1 l-t,,"E VP. -L7-4061 3. Contact person if other than above Name: N t, Telephone: t L 4 4. Checklist: Check the following items that have been included with this application. Location map ,/ Agency Comments Plat _ Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement J EIV li MAY 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: 6. A) Current Use of the Property: _ QF,,.�Tty�►� B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE ZONING =,-4-A-17A uc�W-4,-4 t M 1 S-4- A - R75 C6"N&e C.AA,L- F�3 S4.4 - 1-1 � CdM.-• .c.A.L 54- A - 9-1 A Cc-A'4L-. F3 .5-1-A-9-11 VAc..P.-Ar- 52. s: - A - R -i Y-- 5?Z A- 9`7M Csfl K M �.C..I C.{,. t>Z- 8. ocation: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): �l-cahlt�' L-' k,'6ZZ -b� { COLA—A&R. ti—b4-g� IFZO. k 1TS 1�J';`E✓�S�LTFt3�.), WtnA PQv'tE MSO- e4$4� LAa.l� RO-LD Co &-I-n s u l til cq- OU `[b `04G 'S > CrrW' i sT", 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise; the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. :7-4(A)':r l_ Is -44$} 1Z 9. Parcel Identification/Location: Parcel Identification 1Vumber,4 {8).-41 Districts Magisterial: S-t'o Ewaw,. 0,4-mc_T- High School: JAmc.s k3&�> 4itm4+ � Fire Service:(frgg;M a y. p. (co -115) Middle School: l+rze,p6)e cut. C��w7,1 M�va� s� Rescue Service:( woos 1t. F: p. �r_& 15) Elementary School: � �� .� -Aa1,-rri.,�.� 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zonin Zonin Requested 55-7 $ Z.. B . 7C.P 5 1.3 ZZ. Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed Number Qf Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: Q Non -Residential Lots: S Mobile Home: G Hotel Rooms: CJ Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Service Station: Manufacturing: Warehouse: Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the 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( : Date :—�o Date: Owner(: )s Date: -C� Date: EGEIV EC - MAY 0 7 2002 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number I Address Hv�.i� ►r.tca rnN MG�Daws } nw�t. n S 19 w. 1 ,CA —s7r ' Name�S c% DoN Bum W i �.IC,N��."tt-�Z VAS ZZCoc� I Pro e # SAIL-2-Z-Z5e4A Name A' -s c-�-kF-a- SA --es- ; 5ex3J1LE7,'W- -Ige, 8�2 LA 4E - eb Wi �Da.� - - Cd , w� -��., VA. zZ-cov l Property# Name �Z X81 FDIc-r CDL . O-+ Q.oA(-'�$ Pro e te)-Ac-9-15 # Ste)-A-9-15' Name ��71s�-5 'IOU Property # Cl- d- A, - 97 A, Name p6M�K40N `Tvvt-[' C/, , T ra*j 1ta no*ih�. �a 4R-+Lsorsv� tip, ti= t� Property # S;l - lk - 9-1 z 32zo-Got.2. Name d ��c�x -ADc U -L o � �-r� � oral s.14 w� JA.c.K.:-'o*�.uI L -L. - PL.. Property # �l - ?h- 9-} J , 37-zz>3 - occ-p z, Name L.AN oc>1,4 W • 'Por -L an4L- " -7-7e, ►cr ¢ LA S 7 1 ot�fj >="A Tba j e P LA -)J esc Hcy-Sz a �/+� R��cxtl , VA. zzco57-4-Len'I Pro e # S-�►-9�K Zzcoa� Name�F C� 13� � '(� . 1 l�G moo`; R.>4K. -2_ La,iEE' Po fox t� W�*►�•+��.ite , VES ��;-„gip ,wJ Property# SSI - A- 97 E �� ,`� k Name � �' � n�r�xx.. S. �� 7'z'd ��+ ¢- Laa s 1 bCo Q£ MFS tc�.f f;"?,. MA IN�Nt--�4e+`�'T�2+ VA- �.�v r►-� FS�a��..1.4'�. E Property # Name >�jor,.�► t N 1 �Jdwr-�.�s W ?42 Aja. 2 Lv ►aE 1U1 �`Cav+e E 1�D . VAr 1�ti1c tt 4 r 2 , VA, Pro e # 9ZN 2zcon► ZZ -11063 15 Name and Property Identification Number Address Name VA, A, Property 9L,4.mNcT-,-!>rl M6Apows }}�n�tvwtie —S Name A55oc.. C,/o Property # S 41 L. - 1- I - 5 3 A Name Property# Name Property it Name Property# Name Property# Name Property # Name Property # Name Property# Name Property # Name Property # Name Property # Name Property# Name Property# 16 • • L REZONING APPLICATION #05-02 RECD BUD RUN Staff Report for the Planning Commission Prepared: May 23; 2002 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. Reviewed Action Planning Commission: 06/05/02 Pending Board of Supervisors: 07/10/02 Pending PROPOSAL: To rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. LOCATION: This property is located directly between Red Bud Road and Route 7. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 55-A-105, 106 and 107 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant, undeveloped and single-family dwelling ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential, Church, and Vacant South: Zoned RA (Rural Areas) District Use: Residential Zoned MH1 (Mobile Home Community) Use: Residential Zoned B 1 (Neighborhood Business) Use: Business East: Zoned RA (Rural Areas) District Use: Residential West: Zoned RA (Rural Areas) District Use: Residential and Public Schools PROPOSED USE: 300 single-family residential dwellings. REZ #05-02, Red Bud Run Page 2 May 23, 2002 PROPOSED USE: 300 single-fa-r�ily residential dwellings. REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached e-mailsfrom Steve Melnikoff dated 10123101 and 03108102. Fire Marshal: Fire hydrants shall be installed per FCSA requirements and Frederick County Code Chapter 90. "No Parking Fire Lane" markings and signage shall be provided at all fire hydrants. Fire hydrants shall be set at three feet from curb and spacing shall allow coverage to within 300 feet of all single-family dwelling units. A loop in the water supply system, whether connected to the FCPS site or separate connection to Rt. 7 will greatly enhance fire suppression activities. Plan approval recommended. Greenwood Volunteer Fire & Rescue: Change to Greenwood Fire & Rescue Co. in place of all Fire & Rescue comments (o.k.'d since written). With the current capabilities of Ash Hollow Run, what will be done to prevent flow to this creek causing backup due to excessive water flows? Sanitation Authority: The conceptual plan for providing water and sewer service to the proposed property is acceptable. County Engineer: This was an outstanding application. I particularly appreciated the offer to create the environmental easement and construct BMP facilities throughout the development. The latter proffer goes above and beyond our current stormwater requirements. Parks & Recreation: This rezoning application includes a proffer for Parks and Recreation which reflects 50% of what the impact model recommends will be needed to meet the Parks and Recreation demands of this development. This matter should receive close consideration, as many of the people moving to our community will be requesting the level of leisure services for which they have become accustomed. Frederick Co. Public Schools: Please see attached letterfrom Al ®rndorff, Administrative Assistant to the Superintendent, dated 2/04/02. Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner I, dated 2/21/02. County Attorney: Once signed by owner, proffers appear to be in proper form. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcels which comprise the proposed rezoning as A-2 (Agricultural General) REZ 405-02, Red Bud Run Page 3 May 23, 2002 District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. 2) Location The three parcels which comprise the proposed rezoning are located on the north side of Berryville Pike (Route 7); and south of Red Bud Road (Route 661). Woods Mill Road (Route 660) bisects the subject site. Berryville Pike is classified as a major arterial roadway; Woods Mill Road a minor collector roadway. The 157 -acre subject site is located in an area that is rural in nature. Adjoining properties include tracts that are utilized for agricultural purposes, as well as large lot residential. The Red Bud Elementary School and the Millbrook High School property is located immediately west of the subject site. 3) Comprehensive Policy Plan The parcels are within the county's Urban Development Area (UDA), and are partially included in the Route 7 East Corridor Land Use Plan. The Route 7 East Corridor plan was initially adopted by the Board of Supervisors in 1994, and is a component of the County's Comprehensive Policy Plan. The Route 7 East Corridor plan does not address any specific future land use for the subject properties. The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The subject properties were bisected by the Urban Development Area (UDA) prior to December 2001. At the Board of Supervisors' meeting on December 12, 2001, the Board approved a request to include the subject properties, in their entirety, within the UDA. 3) Site Suitability The three parcels which comprise the proposed rezoning contain areas that are defined as steep slopes, woodlands, and floodplain. The steep slopes are generally located on the northern and southern extremes of the subject site. The floodplain area is located along Red Bud Run which travels through the northern section of the site. The site exists within the Martinsburg shale geologic area of the County, similar to most development within the UDA. The general site development plan calls for the establishment of a conservation area to accommodate the northern portion of the site's steep slopes and floodplain. Future ownership of this conservation area is not clear. The 157 -acre site has road frontage along Berryville Pike (Route 7), Woods Mill Road (Route 660), and Morgans Mill Road (Route 661), which are all within the Virginia Department of Transportation system of roads. The Zoning Ordinance prohibits direct access for individual REZ #05-02, Red Bud Run Page 4 May 23, 2002 residential lots onto roads classified as arterial or collector (Berryville Pike and Woods Mill Road, respectively). By policy, the parcel is entitled to be served by public water and sewer. The Frederick County Sanitation Authority has indicated that adequate capacities exist to serve the development proposal for this parcel. 4) Intended Use The applicant proposes the establishment of a residential development. The submitted proffer statement offers to limit the development to 300 single-family lots. (Approximately 1.9 dwellings per acre). 5) Potential Impacts a) 'Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that traffic generation from the 157 acres requested to be rezoned will produce 3,000 ADT on the existing road system, as calculated utilizing The Institute of Transportation of Engineers Trip Generation Report, 6t' Edition, Classification 210 - Single-family Detached. Current traffic counts on Berryville Pike at Woods Mill Road are 9,928 (westbound lane) and 12,243 (eastbound lane) vehicle trips per day. The applicant has provided information indicating that Woods Mill Road has a ADT of 2,340. The applicant has proposed an extensive road improvements plan to accommodate the proposed trip generation resulting from the development. This plan includes improvements to Woods Mill Road and Berryville Pike intersection, as well as the establishment of a collector roadway to link Woods Mill Road with the school property to the west. The Impact Analysis Statement refers to the applicant's Proffer Statement to indicate what improvements will occur with the development. Review Agency Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's transportation improvement plan. The VDOT comment dated October 23, 2001 acknowledges the applicant's concept plan for road improvements. The VDOT comment dated March 8, 2002 acknowledges the revised proffer statement and suggests minor clarifications to the proffer statement. As of May 23, 2002, those requested revisions have not been addressed. Planning Staff Comment The Traffic Impact Analysis dated May 1, 2002 provides an accurate depiction of the current REZ #05-02, Red Bud Run Page 5 May 23, 2002 traffic information for the impacted roadways immediately southwest of the site. The study also provides the current and projected Level of Service (LOS) information for the impacted roadways. The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the average annual weekday traffic (AAWDT) counts for Berryville Pike from the City of Winchester line to the Clarke County line was 24,000 trips. The applicant has estimated that the build -out of this acreage would generate 3,000 ADT, and approximately 89 percent of these vehicles would use Berryville Pike. Therefore, it appears the rezoning request would add 2,670 trips to Berryville Pike, an increase of approximately I I percent. Based on information provided in the Traffic Impact Analysis, Woods Mill Road has a ADT of 2,340. The applicant further indicates that 70 percent of the traffic generated from the development would access Woods Mill Road, one percent traveling north, and 69 percent traveling south. Utilizing these assumptions, the proposed development would introduce 2,100 vehicles per day onto Woods Mill Road. This projection almost doubles the traffic on Woods Mill Road, although it is fair to assume that most of the traffic would travel south on Woods Mill Road, in the areas which the applicant has proffered road improvements. The applicant, through the proffer statement, has proffered to provide road improvements to Woods Mill Road and Berryville Pike, construct a new east -west collector road on the site. As of May 23, 2002, VDOT has not reviewed nor commented on the applicant's Traffic Impact Analysis. b) Historic Resources: Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that the proposed development would preserve a portion of the site of historic Woods Mill and Mill Race. The analysis further acknowledges that the National Park Service (NPS) has designated a portion of the subject site as a core battlefield. To mitigate impacts on the effects of historical interpretation of the battles, an open space plan has been prepared. This open space plan will provide an environmental and historical preservation corridor along Red Bud Run and along Berryville Pike. The analysis states that approximately 33.1 percent of the site will be preserved. The applicant has provided documentation, compiled by Lynn L. Sims, indicating that while the subject site may be considered a portion of the Third Battle of Winchester, no actual fighting occurred on the properties. Review Agency Comment The Frederick County Historic Resources Advisory Board (HRAB) comments, dated February 21, 2002, expresses concern for the loss of historic core battlefields. Specifically, the HRAB has REZ #05-02, Red Bud Run Page 6 May 23, 2002 concerns about loss of view -sheds of the battlefield, the housing density of the nronosed development, and its impacts on possible battlefield network connections to Stephenson's Depot. The HRAB does not support this request. Planning- Staff Comment The subject properties are located within the limits of the Third Winchester (Opegoun) Battlefield core area, as delineated by the National Park Services' (NPS) Study of Civil War Sites in the Shenandoah Valley. Therefore, the HRAB has expressed concern for the loss of historic battlefields and the aesthetic qualities of the rural community in which these parcels are located. The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. C) Wates- and Sewer: Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that the proposed development would generate approximately 60,000 gpd of sewage, based on the Frederick County Sanitation Authority (FCSA) average of 200 gpd per residential unit. An offsite sewer system would be created using a pump station near Route 7 that will provide adequate sewer capacity for the proposed project. An existing 8" sewer line, which has a capacity of 340 gpm and is less than 100 gpm flow at present, will be utilized to convey the sewage to the Opequon Regional Wastewater Treatment Plant. Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that will prevent adequate service from being provided to the project by the FCSA. An existing water main located south of Route 7 would be utilized to serve the project. A water loop would be established through the site to the school site located to the west. Review Agency Comment The Frederick County Sanitation Authority (FCSA) comment, dated February 6, 2002, states that sufficient water and sewer capacity exist to serve the demands of the rezoning. d) Community Facilities Public Schools The proposed residential development would increase student enrollment capacities, thus impacting Red Bud Elementary School; James Wood Middle School; and Millbrook High REZ #05-02, Red Bud Run Page 7 May 23, 2002 School. The Frederick County Public School Administration (PSA) comment states that this development could yield 150 new students. Furthermore, the PSA identifies that the school facilities within this area of the county are nearing maximum design capacities. The cumulative impact of this project and others of a 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 school enrollment. The PSA does support the proposal to construct a minor collector road joining the school property with Woods Mill Road. The County's Capital Facilities Impact Model projects a negative impact on the school system of $7,162 per lot. The applicant has proffered a monetary contribution of $3,581.00 per lot to mitigate the impacts to the school system; this contribution is consistent with the County's policy expectation of 50 percent. Parks and Recreation The Department of Parks and Recreation comment identifies that the monetary proffers received from new residential projects do not allow their department to keep pace with the recreational demands of the county residents, especially as many ofthe people moving to our community will be requesting the level of leisure services for which the have become accustomed. The County's Capital Facilities Impact Model projects a negative impact on the parks and recreation system of $1,195 per lot. The applicant has proffered a monetary contribution of $598.00 per lot to mitigate the impacts to the parks and recreation system; this contribution is consistent with the County's policy expectation of 50 percent. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • Monetary contribution of $5,454.00 per lot. • Maximum of 300 single-family dwelling units; No multi -family units. • Road improvements to, including signalization of, Berryville Pike and Woods Mill Road. • Construct a minor collector road linking the school property with Woods Mill Road. • Establish a stream preservation parcel of 28.4 acres along Red Bud Run. • Prohibit the construction of a FCSA sewage pump station within the Red Bud Run watershed. • Utilization of BMPs to manage quantity and quality of stormwater runoff. REZ #05-02, Red Bud Run Page 8 May 23, 2002 STAFF CONCLUSIONS FOR 06/05/02 PLANKING COMMISSION MEETING: The 157 -acre site proposed for residential land use is located within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The 157 -acre site has significant frontage along three state -maintained roads and can be served with public water and sewer with adequate capacities. The applicant has submitted a proffer statement to attempt to mitigate the impacts associated with this residential rezoning proposal. The proffered conditions include a monetary offer to offset costs associated with the capital facilities needs of various county service providers, the offer to limit the number of residential units to 300 single-family lots, and the offer to improve the intersection of Berryville Pike and Woods Mill Road. As of May 23, 2002, VDOT has not reviewed nor commented on the applicant's Traffic Impact Analysis. Accordingly, staff encourages the Commission to consider tabling this application until a complete review and comment is provided by the Virginia Department of Transportation. Staff believes that the applicant should adequately address the following issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors regarding this proposal: 1) The applicant should consider strengthening the buffer along Berryville Pike in an effort to further preserve the historic viewshed, lessening the visual impact of the proposed development. 2) The applicant should consider the establishment of a buffer and landscape screen along Morgans Mill and Woods Mill Roads to lessen the visual impact the development may have. Consideration should also be given to prohibiting private driveway entrances on these two roads. 3) Clarification as to who will own the proffered stream preservation parcel, as well as how this parcel will be made available for public use. 4) The applicant should clarify why the Traffic Impact Analysis does not include: analysis concerning the proposed cross roads on Woods Mill Road; justify why Morgans Mill Road should be cul-de-sac'd, and analysis on how such would be accomplished; illustrations as to what improvements to Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic; and the proposed improvements to Morgans Mill Road to increase sight distance at the proposed collector road connection. 5) The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. O:Wgenda \COMMENTS\REZONING\Staff Report\2002\Red Bud Run.wpd COUNTY SCHOOL BOARD OF FREDERICK 55 A 22 RA SEIPEL SUPREME COUNCIL— OF THE HOUSE TULTZ rULTZ RA ABOWERS "s A 118 A 118 55 A 117 RA • JENKINS RA' SS A 1— RUNTY SCHOOL BOARD OF FIRE Rd 65 A 22 JIE N III RA 10A RA SEMPELES SEMPELE A M 11 A M COLE RA RA LAMSON RMA MMIEPRAN. PATRICK A 55 A Ido ITC K R RA A MCMRNAN, PATRICK A 55 A 106 RA I BI cm, Z, IF IF V A A 11 RA I AUK--UK m " it 05 - 02 Location Map For Red Bud Run PIN: 55-A1-105&106 55-A-107 K W+1 0 200 400 Feet rdgu 1 vl Chuck Maddox From: "Funkhouser, Rhonda" < RF unkhouser@VDOT. STATE. VA. US> To: "Charles E. Maddox Jr. (E-mail)" <gwcacem@mnsinc.com>; "G. W. Clifford & Associates (E- mail)" <gwcliff@mnsinc.com> C--: "Diamond, Jim" <JDiamond@vdot.state.va.us>; "Downs, Kelly" < KDowns@vdot. state. va. us>; "Melnikoff, Steve" <SMelnikoff@VDOT.STATE.VA.US>; "Sweitzer, Barry" <BSweitzer@VDOT.STATE.VA. US> Sent: Tuesday, October 23, 2001 2:42 PM Subject: Red Bud Run Residential Subdivision Virginia Department of Transportation Edinburg Residency October 23, 2001 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref Red Bud Run Residential Subdivision Route 7 Road Improvement Plan (Concept) Route 7, Berryville Pike @ Route 660, Woodsmill Road Frederick County Dear Chuck: A VDOT review has been completed on the Concept Plan dated March 28, 2001 for the referenced project. The proposed roadway improvement is associated with the development of the subject subdivision at the referenced location. Existing Route 7 at this location is a divided primary highway with two traffic lanes in each direction. Horizontal distance between (median area) the two roadway center line is 130' parallel and the grade (elevation) separation of the lanes is approximately 29' at the Route 660 "T" intersection crossover. The purpose of this concept plan would be to improve this existing intersection to provide adequate safe movement of the additional volumes of traffic generated by the proposed Red Bud Run Residential Subdivision. Build out traffic volumes are anticipated to warrant "modifications" of the existing signal hardware. The proposed Concept Plan is acceptable to this office. However, the transition from Concept to Preliminary Design should be made in a manner which includes sufficient survey and preliminary design data for review by VDOT personnel to satisfy standards and safety concerns surrounding the site conditions. A prerequisite to design (including preliminary design) should be to test bore the soil condition to determine suitability of soil for supporting Route 7 WBL stability, especially if ramp widening, relocation 10/23/2001 creates any undercutting of existing roadway. The respective gradient on proposed exit and entrance ramps from and to EBL Route 7 should be developed to the least percent practical for the condition. Recommend flatter gradient than proposed on the Concept Plan. Your office should proceed with development of a Preliminary Design Plan under guidelines herein and in consort with FHWA and VDOT design standards. We will be happy to review a preliminary plan in order to affect an acceptable traffic movement intersection at this location whenever a plan should be submitted. If there are any questions, please do not hesitate to call. Barry J. Sweitzer Trans. Roadway Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5631 (540) 984-5607 (fax) I up, L. "1 c. 10/23/2001 From: Melnikoff, Steve<Steve. Mein ikoff@Vi rg in iaD OT. org> To: 'Eric Lawrence' <elawrenc@co_frederick.va.us> —c: Melnikoff, Steve<Steve.Meinikoff@VirginiaDOT.org> "`-state: Friday, March 08, 2002 12:09 PM Subject: Rezoning Comments - Redbud Run Subdivision VDOT requests the Transportation Comments of McTierman Rezoning Request as indicated in Section V Proffer Statement be modified as follows: General Development Plan 2_ Modify, alter or reconstruct Route 7 east bound lane left tum lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/ Route 660 crossover. Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. The west bound lane Route 7/Route 660 intersection is to be signalized in conjunction with the intersection improvements. Route 660, Woods Mill Road, is to be upgraded to include full width lanes, left and right turn lanes and associated tapers across the parcel that ,)nts Route 660. 3. A minor collector roadway shall be constructed in Phase I of project to Woods Mill Road with Morgan's Mill Road. Steven A. Melnikoff Transportation Engineer VDOT Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) I'd E6tr0-S99-OtrS -posse I PJ0JJIJ o •m-2 ezz:OT ao Ca FEW Frederick Count vPublic Schools kdiniinistrative Assistant to Visit us at www1rederick.kl2.va.us e-mail: he Superintendent orndorfa@frederick.kl2.va.us February 4, 2002 C. E. Maddox, Jr., P.E., Vice President Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run Dear Mr. Maddox: This letter is in response to your request for comments concerning the rezoning application for the Red Bud Run. Based on the information provided, it is anticipated that the 300 new residences in Red Bud Run will yield 150 new students. The 2001-02 projected per pupil cost is $7,473 of which $3,635 comes from local revenue. The 150 new students will cost the school division $1,120,950 annually at the current dollar value. Out of this amount, the locality will provide $545,250. These figures do not reflect capital expenditures for buildings and their debt service. Significant residential growth in this portion of Frederick County has resulted in the schools serving this area having student enrollment near or exceeding their design capacity. The cumulative impact of this project and others of a 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 enrollment. The construction of a minor collector road through the proposed Red Bud Run project would be of significant benefit to the schools located adjacent to the project. A gated entrance/exit from the school property to the minor collector road and onto an improved Woods Mill Road and signalized west lane intersection on Route 7 would help improve overall traffic safety. The impact of this subdivision on current and future school needs should be considered during the approval process. Sincerely, Al Orndorff Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools i40-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788 L:/Planning/Redbud Run COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 21, 2002 Mr. Charles E. Maddox, Jr., P.E. Gilbert W. Clifford & Associates, Inc 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run Rezoning Dear Mr. Maddox: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting ofFebruary 19, 2002. The HRAB reviewed information associated with the Frederick County Rural Landmarks SurveX, the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information about the Third Winchester (Opequon) Battlefield provided by the applicants' historian, Lynn L. Sims, Ph.D. The HRAB also considered details you provided about the proposed rezoning. Historic Resources Advisory Board Concerns The parcels proposed to be rezoned from RA (Rural Areas) to RP (Residential Performance) are located withing the limits of the Third Winchester (Opequon) Battlefield core area, as delineated by the National Park Service. Therefore, the HRAB has expressed concern for loss ofcore historic battlefields. Specifically, the HRAB has concerns about loss of view sheds of the battlefield, the housing density of the proposed development and its impacts on possible battlefield network connections to Stephenson's Depot. Based on the above concerns, the HRAB recommends denial of this rezoning request. Please contact me with any questions concerning these comments from the HRAB. Sincerely, I Rebecca Ragsdale Planner I cc: Bessie Solenberger, Chairperson U:ICOMMITTEESUiRAB\Rmom endationslRedBudRunRZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • u ezom, ion RED BUD RUN Prepared by: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 540-667-2139 Frcdvrick County, Virginia IMPACT A.NALVSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE RED BUD RUN PROPERTY Stonewall Magisterial District December, 2001 (Revised April 30, 2002) Prepared by: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2131 Fax: 540-665-09493 E-mail: gwcliff@mnsinc.com Table of Contents L Application U. Summary IIU. Impact Analysis A. Project Background B. Location and Access C. Site Suitability D. Traffic E. Sewage Conveyance and Treatment F. Water Supply G. Site Drainage H. Solid Waste Disposal Facilities I. Historic Sites and Structures J. Impact on Community Facilities K. Open Space Plan IV. Frederick County Impact Model V. Proffer Statement Vl. Agency Comments VII. Survey Plat and Deed VHL Tax Ticket IX. Appendix I Alk ms. "O "V REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA I he 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: Gilbert W. Clifford & Associates Inc. Telephone: 667-2139 Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 2. Property Owner (if different than above) Name: Patrick A. McTiernan Thomas M. McTieman Address: 3. Contact person if other than above Telephone: (540) 667-1494 (540) 662-5712 Name: Charles E_ Maddox, Jr., P.E. Telephone: 540-667-2139 G_ W. Clifford & Associates, Inc. 4. Checklist: Check the following items that have been included with this application. Location Map x Agency Comments Plat x Fees Deed of property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement x 1 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.- Patrick ezoned: Patrick A. McTiernan Thomas M. McTiernan 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Vacant, Undeveloped & One SF Dwelling SF Detached ZONING S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. 2 Information to be Submitted for Capital' )Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-105, 106, 107 & 107A Magisterial: Fire Service: Rescue Service Stonewall Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook new James Wood Red Bud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested 157.01 RA RP 157.01 Total acreage to be rezoned 11. The following information should he provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 300 Townhome Non -Residential Lots Mobile Home Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other Multi -Family Hotel Rooms 3 12. Signature: We the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinanee and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. 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. We hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) ---� Date �Z Charles E. Maddox, Jr., P.E., V— G.W. Clifford & Associates, Inc. Owner(s) Date d `� Patrick A. McTiernan Date �C Thomas M. McTiernan 4 Red Bud Run 55 -A -87A Frances V. Coleff�VIICu 163 Morgan Mill Road, Winchester, VA 22603 RA use Residential 55-A-88 Annett M & Franklin L Pitcock P.O. Box 2264, Winchester, VA 22604 RA Vacant 55-A-89 55-A-90 I afelle A Aikin 126 Mor an Mill Road, Winchester, VA 22603 RA Residential Commonwealth of Virginia P.O. Box 67, Richmond, VA 23218 RP `rDOT 55-A-92 Ronald Edward DeHaven 2142 Ber ville Pike, Winchester, VA 22603 RA Retail 55-A-93 Ronald Edward DeHaven 2142 Ber ille Pike, Winchester, VA 22603 RA Residential 55-A-94 —.-Barry H Walker & Georgia Miller 2196 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-95 Ralph Lee Cooper, Jr. 2216 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-96 Ralph L & Betty E Cooper 2216 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-97 Virginia & John D Orndorff 2222 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-98 Virginia & John D Orndorff 2222 Berryville Pike, Winchester, VA 22603 RA Vacant 55-A-99 John D Orndorff 1295 Red Bud Road, Winchester, VA 22603 RA Residential 55-A-100 Thomas E Kain, Jr 2230 BeMLville Pike, Winchester, VA 22603 RA Residential 55-A-101 Barbara V Herron 684 Calmes Neck Lane, Bo ce, VA 22620 RP Residential 55-A-102 Clarke Loy & Anna Marie Beach 2372 Berryville Pike, Winchester, VA 22603 RA Vacant 55-A-103 Blue Ridge Associates 2430-3 Berryville Pike, Winchester, VA 22603 MH1 Vacant 55-A-104 Berland M Funkhouser, et als 164 Rustic Wood Lane, Winchester, VA 22602 RA Residential 55 -A -109A Bryan Scott Jenkins 420 Westside Station Road, Winchester, VA 22601 RP Vacant 55 -A -109B Jeffrey G Jenkins 1631 Redbud Road, Winchester, VA 22603 RP Residential 55-A-116 Redbud United Brethren Church 20 S. Cameron Street, Winchester, VA 22601 RA Residential 55-A-117 Pauline R Strosnider Bowers 1506 Redbud Road, Winchester, VA 22603 RA Residential 55-A-118 Dawn M Stulta & Debra J McNeil 328 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-119 Supreme Council of the House Red Bud Road, Winchester, VA 22601 RA Residential 55-A-18 Wayne D & Stephanie P Sei lel 271 Mor an Mill Road, Winchester, VA 22603 RA Vacant 55-A-19 Wayne D & Stephanie P Sei lel 271 Mor an Mill Road, Winchester, VA 22603 RA Residential 55-A-20 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-21 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-22 County School Board of Frederick 5 N. Kent Street, Winchester, VA 22601 RA Educational 55 -A -107A Patrick J & Deborah G McTiernan 223 Woods mill Road, Stephenson, VA 22656 RA Residential 55-A-108 55-A-138 Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Vacant 55-A-139 Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Residential 55-A-140 55-A-141 55-A-142 55-A-142A 55-A-172 55- 55-11 -174C -A 55-1-B George H & Rosemarie Lamson William D Alexander III Arthur G Trussell Arthur G Trussell William C Whitmore, Jr., et als Blue Ridge Associates Ivadelle A Aikin Linda F Funk & ShirleyMoreland 405 8 Street NE, Charlottesville, VA 22902 183 Stee wood Lane, Winchester, VA 22603 138 Stee wood Lane, Winchester, VA 22603 138 Stee wood Lane, Winchester, VA 22603 P.O. Box 550, Purcellville, VA 20134 2430-3 Be ille Pike, Winchester, VA 22603 126 Morgan Mill Road, Winchester, VA 22603 140 Mor an Mill Road, Winchester, VA 22603 RA RA RA RA RA RA RA RA Vacant Residential Residential Vacant Vacant Mobile Home Park Vacant Residential Rezoning Application Fees $ 550.00 Base fee plus $35.00 per acre $ 50.00 Refundable Fee for sign $ 550.00 Base fee $5,495.35 ($35.00 per acre x 157.01 acres) $ 50.00 Sign fee $6,095.35 Fetal rezoning Application Fee _L, CRITE AND SCJ M�J� L 4 ,i fi[ " y Red Bud Run 1 o General Criteria and Sumanary The Impact Analysis Statement in Section III is provided in summary form for the property known as "Redbud Run". The property is located on VA Route 7 East at Woods Mill Road. The land to be rezoned totals 157.01 acres. The three parcels are currently zoned Rural Area (RA). The requested rezoning is to change the current 157.01 acres of RA to Residential Performance (RP). The property is shown on the attached Location Map (Figure 1). The Impact Analysis Statement for Red Bud Run is prepared as required by the Frederick County Board of Supervisors for rezoning approval of the property. The model projects a negative fiscal impact. The owners/developers have proffered an amount that will offset the projected negative fiscal amounts in accordance with directives of the Frederick County Board of Supervisors. There are residential units proposed as part of this rezoning request. The property will support approximately 350 single-family homes based on 2.3 per acre, which is the average for single family developments in the UDA_. The property is planned with interconnected subdivision streets that link Morgans Mill Road (Rt. 656) including Red Bud Run Elementary and Millbrook High School site with Woods Mill Road. Improvement of the Woods Mill Road intersection with VA Route 7 is needed and is the subject of a transportation proffer which mitigates impacts. Preliminary engineering design studies have been completed and utilized to fashion the General Development Plan (GDP) which is utilized in the proffer statement. The engineering recommendations have allowed the configuration of facilities used in the impact analysis that follows. A total of 300 single family units have been determined to be the highest and best use of this site. The proffer statement limits this project to 300 single family home sites and this limit is used in the assessment of impacts. The property proposed for RP zoning is located in the Urban Development Area (UDA) of Frederick County by action of the Board of Supervisors. Analysis of environmental and physical characteristics of this property to be rezoned indicated that there is an opportunity for quality development for residential uses. Environmental features that limit the development are identified and incorporated for design consideration. Public sewer and water service are available to the property. Natural gas and electric service are available to the property. Figure ti Red Bud Run gflbert w. Clifford associates, inc. LANDS FOR REZONING L OCA TION MAP Engineers Land Planners water Quality O 117 E Fwdill St. Winchester, Virginia 22601 v STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, vIRGINIA VOICE (540) 667-2139 FAX: (540) 665-0493 EMAIL gwcliff®mns nc.com Red Bud Run The rezoning of the 157.01 acres of the Red Bud Run property fits within the guidelines of the Frederick County Policy Plan for the area. Analysis of the Route 7 corridor and the Northern UDA area shows that a significant shortage of available single family lots exist when measured against market demand in this corridor. This is likely contributing to a Route 7 driven market demand for lots in the rural areas of Frederick County. (See Figure 1.1) This rezoning and subsequent development will provide a needed addition to Frederick County's inventory of low density higher value housing without transportation limitations, in close proximity to services including schools. N Tew Stucture Density 1996-2000 Frederic County �, • ��. � 0 2 _ 4 Mmes Agzkzbx alDadzWs 2000 VDA 2008 Reads /vv s� Ly �r 1906 -2000 New Siauctmn Dmsdjr ' f - .r,• 'f 018.20 tr/. 0 28 3Y f� tJ\ t 33 r. 35 6d 72 A cordot S umes S - """"•yY . L NEW STRUCTURE GROWTH O UTSIDE UDA WITH POTENTIAL ROUTE 7 ORIGINS (1996-2(910)�+ II err s 4{ J 4• ` z dJr, �k -71 fo r •�..� .�' , } ,� �- Project Site Source: Frederick County Planning Figure" 1-1 RED BUD RENT gHbe W. c&iffOR-d & 2SSOdEteS, Lie. STRUCTURE DENSITY MAPEngineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 COUNTY OF FREDERICK, VIRGINIA Voice: 540-667-2139 Fax: 540-665-0493 Email: gweliff@mnsine.com III IMPA CT ANAL PSIS Red Bud Run Impact Analysis Statement III. Impact Analysis A. Site Background and History The Red Bud Run site (McTiernan property) is located immediately north of the U.S. Route 7 corridor and adjacent on both sides of Woods Mill Road at its intersection with Route 7. Recently, upon recommendation of the Comprehensive Plan Subcommittee of the Planning Commission, the Planning Commission and action by the Board of Supervisors this site has been included entirely within the urban development area. (Figure 2 shows the entire site rezoning boundary and its relationship to other adjacent uses.) This 157.01 acre site has been in the McTiernan family since January 1934. Prior to the McTiernan's, were a succession of owners including the Wood family (Joseph [ 1804], Issac and Charles) who operated "Red Bud Mills" on a portion of the tract for many years. The property was originally part of a conveyance from Thomas Lord Fairfax to Joseph Hubbs in 1761. The property includes land designated by the Frederick County comprehensive plan as Urban Development Area (UDA). In accord with the Frederick County Comprehensive Policy Plan, lands within the UDA are eligible for rezoning for residential purposes and fit within the areas of the County where orderly growth should take place. Figure 2 ED BU UN 0111 ;rt W. Clifford & associeles, X me. VICINITY MAP Engineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 COUNTY OF FREDERICK, 'VIRGINIA Voice: 540-667-2139 Fax: 540-665-0493 Email: gwchff@,mnsinc.com Red Bud Barn ImpactAnalysisStatement B_ Location and Access Red Bud Run is located in the Route 7 corridor east of the City of Winchester. Its proximate location to the Woods Mill Road intersection with VA Route 7 provides excellent traffic characteristics and transportation availability. Impacts on existing county residents are minimized by direct connection to an arterial highway. The site is bounded on the north by Red Bud Run a tributary of the Opequon Creek and a portion by the Red Bud Road (See Figure 2). Morgans Mill Road is the boundary on the west side of the site and Route 7 to the south. Also on the west is the existing site of the Red Bud Run Elementary School and the new Millbrook High School which is presently under construction. Approval of this site for residential use supports the "livable community" concept with neighborhood proximity to schools. Figure 3 shows the distance to adjacent residences from the proposed development area on the McTiernan property. � a`7s ¢�7 - 1:a _ eepwo� -29i i _..__ i 487 wood o°d Rte 40 0 j Q P Blu — Ridge -- r , MHP �ON, 685 ' -- — , ,i Pioneer He ghtp '\ -- -- Q �O --- ,. a 245` Frederick Co. 8choois _6 0 _- Fq ure J Red Bud Run gilbert w. clifford associates, inc. \ DISTANCE TO ADJACENT HOMES Engineers Land Planners Water Quality IAV 117 E. Picadilt St. Winchester, Virginia 22601 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA VOICE (540) 667-2139 FAK (540) 665-0493 CUL- gwocGff@mnsinc.can Red Bud Run Impact AnalyslsStatement C. Site Suitability Figures 4 and 5 provide a description of the site as it relates to surrounding land uses. The land is characterized by high plateau area near the center surrounded by steeper slopes on the north and south. The majority of the site drains to the Route 7 corridor (92 acres). The site is approximately 50% wooded with hardwood forest cover. The upper plateau area has been cleared for farming use. There are ten single-family uses located around the periphery of the project and three large farm uses to the north. The site exists within the Martinsburg shale geologic area of Frederick County similar to the geology of most prior development within the UDA. The site rises from a low elevation along Red Bud Run of 550 to a high of 667. A flood plain exists along the north boundary of Red Bud Run. The site is within the Frederick County SWSA and utility service is available to the site. Built out portions of the UDA can be found to the south of Route 7 including Pioneer Heights, Blue Ridge Mobile Home Park, Shenandoah Hills and the Opequon Wastewater Treatment Facility. Utilization of the central portions of the site for single family uses and protecting the steeper slopes, woodlands and flood plain areas provide excellent natural buffers and a good environment for the proposed use. By reducing the possible density by proffer, excess lands are created which provides for a greenway corridor along Red Bud Run of at least 28 acres. This corridor, free and clear of ownership regulation by the zoning ordinance allows the opportunity to preserve 3800 feet of Red Bud Run Stream Valley in its natural state with potential links to other preservation activities in the region. 0% � &W AYOX MOM4, hwF F F -i gure 4 Red Bud Run gilbert w, clifford associates, inc. EXISTING CONDITIONS Eneneers Land PWnum Water Quality 117 L Flicadilh St. Vkhester, Virginio 22601 SMNEWALL APGISTERM DISTRICT FREDERICK COUNTY, VIRGINIA VOCE (540) 667-2139 FAX (540) 665-0493 DML qwcr4f0mnsinc.com 100 Year Floodplain A 4 ji - - --- -- -- - - - - 1 i & Q or _Frederick-&- S�'hV�'S ------- Figure 5 Red Bud Run gilbert w. clifford associates, inc, II ti TOPOGRAPHIC MAP FAIgineers Land PWmers water Quality 117 E. Rcodilly St. Winchester, Arginim 22601 ISTONEWALL MAGISTERIAL DISTRIOr FREDERICK cOUNTY, RGylvA K VOICE (540) 667-2139 FAX: (50) 665-0493 0ML gwoliff@mnsinc.corn AW -1 111L� TOTAL STEEP SLOPES (*25,Z,) ON—S/7F = 9. 75 Ac. Lot Limits Steep Slope Area woods Mill 00d 100 Year' • R/ s ,fid/ � , ' � .�» ,..Frederick Co. Schools 6 Figure Red Bud Run gilbert w. Clifford associates, inc. OCA TION OF STEEP 51 OPE-5 Fmvneers Land PlIaimers Water. Quality 117 E. Picadilly St. Winchester, Virginia 22601 STONEWALL U4GISTERAL DISTRICT fREDERIOK COU, p7RO/NA VOICE: (540) 667-2139 F& (540) 665-0493 EMAIL qwdiff0mnsinc.com 1VTY I Floodplain X ------- 00 plo j lkb • R/ s ,fid/ � , ' � .�» ,..Frederick Co. Schools 6 Figure Red Bud Run gilbert w. Clifford associates, inc. OCA TION OF STEEP 51 OPE-5 Fmvneers Land PlIaimers Water. Quality 117 E. Picadilly St. Winchester, Virginia 22601 STONEWALL U4GISTERAL DISTRICT fREDERIOK COU, p7RO/NA VOICE: (540) 667-2139 F& (540) 665-0493 EMAIL qwdiff0mnsinc.com 1VTY I t TOTAL WOODLANDS AREA ON—SITE = 75 Ac. Woodlands Area Red Bud Run Igilbert w. Clifford LOCATION OF WOODLANDS DISTRICT Figure 7 associates, inc.1 Magineers Land PWuwjz Water Quality 117 E. Pica ft SL Winchester, Virginia 22601 VOXE:(540) 667-2139 FAX: (540) 665-0493 EMAIL gWiff#mnsinc.com Red Bud Run ImpaciAnalysisSlatemeni D. Traffic Current traffic counts on U.S. Route 7 at Woods Mill Road are 9,928 (WBL) and 12,243 (EBL) trips per day. Route 7 is a four lane divided highway and has an excellent capability to handle the additional trips created by this project. At 2.3 dwelling units per acre the site can yield up to 350 homes sites. Single family use at the site has been limited by proffer to 300 homes. ITE traffic generation for this density predicts 3,000 TPD to be created as a result of this rezoning. See Figure 8 for the proposed area transportation plan for this project. In order to mitigate traffic impacts for this land use change, an extensive improvement project has been proposed and has received conceptual approval by VDOT (See Figure 9). This plan will include the improvement of Woods Mill Road to the Route 7 intersection and an improvement of Route 7 including eastbound on and off ramps and the provision of a stoplight for westbound traffic control. Also, a plan to limit traffic on the Morgans Mill Road has been proposed. A minor collector roadway through the project will link the proposed school site with the improved Woods Mill Road corridor thereby allowing alternate access to the school site from the project, the Route 7 corridor and from the rural areas north of Red Bud Run. The attached Figure 8 shows current and future traffic patterns within Frederick County at this location. Figure 8 shows a significant recent development density of housing to the north, generally on 5 acre and larger lots. These lots continue to be developed without plan for impact on area roadways and without funding for mitigating improvements. The transportation proffers contained in this rezoning petition will provide improved safety by public offsite improvements which will have a positive impact on all uses north of U.S. Route 7. Attached is correspondence with VDOT. VDOT has provided wording utilized in the proffer statement regarding the proposed transportation improvements. The transportation study of Patton Harris Rust & Associates is included as an addendum to this section of the impact analysis. ROADWAY CONNECTION i TO SCHOOLS ♦ � e•A tee, NJ `ir r '•• Schools I19PROVED WOODS r � , • `: MILL ROAD Frogect S1 ,: ti 1 T+ • 1. MHP r IMPROVED ! fi' �;� , a r :.�� Q•;� INTERSECTION ,f- •, �'"�• . _ ...,,.,� . - .ate VU T ll 4.i /r YY YY 1 r Jw olz i r +. •' w M X11 '�• # �+% ,pr Faure a DJT gefberti w. difford & associates, inc. PROPOSED AREA Engineers Lana Planners Water Quality TRANSPORTATION PLAN 117 E. Picadilly St. Winchester, Virginia 22601 COUNTY OF FREDERICK, VIRGINIA Voice: 540-667-2139 Fax: 540-665-0493 Email: gwehff@mnsinc.com if X 65?.4/ 1 ! 1 ; 'e s X 574 AWIE 7 eor>Fv�vjs i 600 600 ssa ' ' � `'°'�' i I 4 f 59© I I sero j 570 s 5sa I i i i i ROAD 59 ure 9 v Red Bud Run gilbert W. Clifford & dates, inc. c, ROUTE 7 IMPROVEMENTS PLAN Eo&em LAmd Mamera Water Quality O, " STONEWALL MAG/STER/AL DISTRICT FREDERICK COUN7Y, VIRGINIA 117 E P'icadiRy St Winchester, Virgiria 22601 VOICE: (540) 667-2139 FAX (540) 665-0493 EML• gMdiffOrnnsinc.com rags 1 ui Chuck Maddox From: "Funkhouser, Rhonda" < RF unkhouser@VDOT. STATE. VA. US> To: "Charles E. Maddox Jr. (E-mail)" <gwcacem@mnsinc.com>; "G. W. Clifford & Associates (E- mail)" <gwcliff@mnsinc.com> Cc: "Diamond, Jim" <J Diamond@vdot. state. va. us>; "Downs, Kelly" < KDowns@vdot. state. va. us>; "Melnikoff, Steve" <SMelnikoff@VDOT.STATE. VA. US>; "Sweitzer, Barry" <BSweitzer@VDOT. STATE. VA. US> Sent: Tuesday, October 23, 20012:42 PM Subject: Red Bud Run Residential Subdivision Virginia Department of Transportation Edinburg Residency October 23, 2001 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Red Bud Run Residential Subdivision Route 7 Road Improvement Plan (Concept) Route 7, Berryville Pike @ Route 660, Woodsmill Road Frederick County Dear Chuck: A VDOT review has been completed on the Concept Plan dated March 28, 2001 for the referenced project. The proposed roadway improvement is associated with the development of the subject subdivision at the referenced location. Existing Route 7 at this location is a divided primary highway with two traffic lanes in each direction. Horizontal distance between (median area) the two roadway center line is 130' parallel and the grade (elevation) separation of the lanes is approximately 29' at the Route 660 "T" intersection crossover. The purpose of this concept plan would be to improve this existing intersection to provide adequate safe movement of the additional volumes of traffic generated by the proposed Red Bud Run Residential Subdivision. Build out traffic volumes are anticipated to warrant "modifications" of the existing signal hardware. The proposed Concept Plan is acceptable to this office. However, the transition from Concept to Preliminary Design should be made in a manner which includes sufficient survey and preliminary design data for review by VDOT personnel to satisfy standards and safety concerns surrounding the site conditions. A prerequisite to design (including preliminary design) should be to test bore the soil condition to determine suitability of soil for supporting Route 7 WBL stability, especially if ramp widening, relocation 10/23/2001 creates any undercutting of existing roadway. The respective gradient on proposed exit and entrance ramps from and to EBL Route 7 should be developed to the least percent practical for the condition. Recommend flatter gradient than proposed on the Concept Plan. Your office should proceed with development of a Preliminary Design Plan under guidelines herein and in consort with FHWA and VDOT design standards. We will be happy to review a preliminary plan in order to affect an acceptable traffic movement intersection at this location whenever a plan should be submitted. If there are any questions, please do not hesitate to call. Barry J. Sweitzer Trans. Roadway Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5631 (540) 984-5607 (fax) 1 Qr,GL vi- z. 10/23/2001 ii Frederick Co. Schools 5 F'qure 10— Red Bud Run gilbert w. Clifford associates, inc. II ti o TRANSPORTATION PLAN Ea&em nand PWnners water Qwft N 117 E. PicadiNy St Winchester, Virginia 22601 STONEWALL MAGISTERML DISTRICT FREDERICK COUNTY VIP62NIA1 1VOICL(540)667-2139 FAX: (540) 665-0493 EMAIL, gwcliff@mnsnc.com 0 Figure 10-2 Red Bud Run gilbert w. clifford associates, inc. � TRANSPORTATION PATTERN Enenem Land Planners water Quality N 117 E Picodll SL Winchester, Virginia 22601 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA VOICE (540) 667-2139 FAk (540) 665-0493 BWL• gwcliff@mnsinc.com V11-JAPA Rte 7 Work Estimate Red Bud Rezoning Work Item MY Unit Cost Total New ramp & grading 1800 $125 $225,000 Stop light $80,000 Rt tum lanes 3 $20,000 $60,000 Widen Rte 660 1000 $65 $65,000 Guard Rail 800 $15 $12,000 Traffic Control 120 $240 $28,800 Drainage 400 $60 $24,000 Contingency $50,000 TOTAL $544,$00 G. W.Clifford and Assoc., Inc Red Rud Run ImlvctAnalysis Statement E. Sewage Conveyance and Treatment Attached Figure 11 shows the plan for providing gravity sewer service to the subject site. The Frederick County Sanitation Authority facilities are located on the Blue Ridge Mobile Home Park site. An offsite sewer system will be created using a pump station near Route 7 that will provide adequate sewer capacity for the proposed project. A cooperative effort among property owners in this area has been proposed. A sewage lift station is required for utilization of the Blue Ridge Mobile Home Park sewer and this station will also service lower portions of this existing project which are presently unserved with sewer. The Frederick County Sanitation Authority has recently negotiated capacity in the Opequon Regional Wastewater Treatment Plant that will handle this project as well as future growth in the urban development area. Sewer service needs for this project are estimated to be 60,000 gpd at build out, based on the Authority average of 200 gpd per residential unit_ The sewage lift station is required to pump a minimum of 120 gpm to serve the development and a small section of lots in the Blue Ridge Park. The force main will pump to an existing 8" sewer line (about 1,000') which has a capacity of 340 gpm and is less than 100 gpm flow at present. Preliminary sizing of the pump station will be 180 gpm and the force main will be 6". .Frederick Co. Schools Fl�ure Red Bud Run g1lbert w. clifford associates, inc, N3 SANITARY SEWER SYSTEM sneers Land Planners water Quality 117 E. Piwdilly SL WinchezAter, Vw4niri 22601 STONEWALL MAG6TERIAL DISTRIC7- FREDERICA- COUNTY, vIRGINM! VOICE: (540) 667-2139 FAX: (59) 665-0493 EML gwdft*mnsjnc,com Red Bud Run ImpactAnalysis Statement F. Water Supply Water supply would be extended from a water main located to the south of Route 7 and presently serving the Blue Ridge Mobile Home Park. Also a water loop would be established through the site to the school site located on the north_ Water mains will follow roadways within the project and provide internal looping in accord with FCSA policy_ Residential fire protection will be provided by hydrant locations strategically located within the development. Static water pressures will vary from 50 psi to 90 psi based on elevation of the use. A preliminary plan for water improvements is shown as Figure 12. Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that will prevent adequate service from being provided to this project by the Frederick County Sanitation Authority. Red Bud Run Igilbert w. Clifford associates, inc. o! \n WATER SUPPL K srsTEM Enemem Land Planners Wates Qua;ry N i i 7 E. Ficcan S1. 1Vmchesier, 'hr inio ry G �2Eiri i STDN£6Ys1LL MAGI57ER14L DISTR/CT FREDERICK COUNTY, VIRGINIA VOICE! (540)"G67-2139 FAC (540) 665-0493 EM L Pcliff®mns nc.com — Red Bud Run Impact Analysis Statement G. Site Drainage This project will employ a curb and gutter drainage system with connecting storm sewers which drain primarily to Ash Hollow Run and Red Bud Run both of which discharge to Opequon Creek. Storm water management basins will be installed to meet objectives of state and local drainage law. In addition, those minor improved areas which discharge to the Red Bud Run Watershed will receive the best available management of silt and nutrient loading required by Virginia law for any watershed in the state. Preliminary locations for basins have been selected and shown along with drainage divides on Figure 13. Storm water detention and controlled release will allow proper function of downstream drainage facilities. Improvements to existing facilities may also be necessary based on final design. There are no unusual drainage issues or impacts that cannot be mitigated by proper design of this project. The intent is to preserve and protect all state waters with special emphasis on drainage to the Red Bud Run Watershed. Red Bud Run ImpactAnalysisStatement H. Solid Waste Disposal Facilities Solid waste is to be disposed by the individual homeowners at the Frederick County compactor site adjacent to the Greenwood Fire Hall on Route 656 (Greenwood Road). At the County estimate of per household solid waste generation of 10 lbs per clay, this project will generate 547 tons per year to the County Landfill. Red Bud Rutz Impact Analysis Statement I. Historic Sites and Structures Figure 14 defines historic structures in the area which are listed on the County's historic inventory. A portion of the site of Woods Mill and Mill Race will be preserved by a preservation parcel in the development plan. Figures 15 and 16 depict the battlefield plans for the Second and Third Battle of Winchester, which do impact the subject site. A close review of available accounts of the second battle indicates troop movements, primarily flanking maneuvers, used Berryville Pike (Route 7) and Woods Mill Road as a course of the battle. The Third Battle (Battle of the Opequon) was intense with the majority of General Sheridan's troops moving along Berryville Pike in the morning of September 19, 1864. This movement met stiff resistance from a single brigade of CSA troops commanded by General Ramseur from the vicinity of the ridge to the south of the `Berryville Canyon," in areas which are now Pioneer Heights and Shenandoah Hills. Contrary to the plan for battle, Union forward elements carried wagons which significantly slowed the Union advance. The National Park Service has designated portions of the McTiernan land as core battlefield. The Third Battle, in the afternoon to the west of this site, resulted in a major confrontation between the two armies with many casualties. The action resulted in a major defeat of General Early's command which began the end of Confederate power in the Shenandoah Valley and likely contributed to the reelection of Abraham Lincoln. To mitigate impacts on the effects of historical interpretation of the battles an open space plan has been created, using topographic and vegetative buffers. Open space planning for the project will provide an environmental and historical preservation corridor along Red Bud Run and along Virginia Route 7 corridor. Figure 17 shows a preliminary plan of this approach. Approximately 33.1% of this site will be preserved. Red Bud Run ImpactAnal}sisStatement The special sensitivity created by the core designation required special analysis. To provide needed insight in this plan, Mr. Lynn Sims a Professor of History at the University of Richmond and former U.S. Army Historian was engaged to perform terrain walk and research into specifics of Civil War History and the site of this rezoning. Dr. Sims has provided a summary and detailed description of the battle along with an analysis of the importance of this 157 acre site. It is clear that the limited activity occurring on the McTiernan property significantly reduces the value of the site for preservation services. The location of the site in proximity to VA Route 7 requires special setbacks and buffers for visual purposes and these have been provided. Comments were sought during agency reviews including hearing before the HRAB. The need for special preservation recommendations were specifically requested but none have been offered, except for the entire set aside of the parcel for preservation purposes. The disconnect between this site and the primary battlefield area and the construction for two major school facilities on the Red Bud Elementary/Millbrook High School site in between make this a poor candidate for the expenditure of public funds to purchase the McTiernan Tract. The fact that the site exists within the Urban Development Area identified by the Frederick County Comprehensive Plan and can provide quality and needed housing inventory in support of the plan significantly overshadows the need for this site to be acquired for historic preservation in view of the facts involved with Civil War activity on this site. The applicant is in support of the initiatives being pursued by the historic preservation efforts in Frederick County and is willing to accommodate reasonable recommendations to protect view sheds and/or provide interpretive value to the program. 114/ LAA. C:LLVLNULK HUUSF- NO 1156 THOMAS MCIIERNAN HOUSE NO 1157 C.W. MILLER WOOD HOUSE YES - 115$ CHARLES MILL WOOD HOUSE NO - a , - Fiqure 74 �. k Red Bud Run gilbert w. Clifford associates, inc. oRURAL o LANDMARKS PLAN Engineers Lana Planners WaterQualfty 0 ti 111 E Picadll St Nfnchester, Wginia 22601 STONEWALL MAGISTERIAL D/STR/CT FREDERICK COUNTY, 1/ 14 1�ICE (540) 667-2139 FAX: {540) 665-0493 DMWL gwcriH@mnsinc.com C1. I w" -p E,- r Jg L/ Ire 15 Second Winchester Battlefield - - -f - 7 , C -- r- �--' 1.-' '-. � . ; �' " I" � " ' r "j f4l",AC',IV W. P-7od - AT -EL ,- r .j Map E-10 /.I Third Winchester (Opequon) Battlefield SUMMATION OF THIRD WINCHESTER FROM PUBLISHED SOURCES As far back as the spring of 1862, the Union attempted to control the Shenandoah Valley, shutting it off as an invasion route to Washington, D.C.. In 1862 Lt. Gen. Thomas J. "Stonewall" Jackson did not attempt to seize the Union capital, but frustrated several Yankee armies in his brilliant Valley Campaign. In the summer of 1863, a token Union force had been pushed back as the Confederates moved north eventually into Pennsylvania. In a four-day period in September 1864, Phil Sheridan accomplished what Federal forces had not been able to do previously in the war. When Grant took control of all Union armies in the spring of 1864, it was the first time the Union had a chance of ending hostilities. Students of war recognize the best target to end a war is to destroy the will or morale of the enemy, soldiers and citizens. The second best target is to destroy the logistics or supplies of the opposing army, while the least effective way to victory is to defeat an enemy on the battlefield. In 1864 Grant himself would go after the South's logistics by pushing Lee's army back on Richmond. When Lee was defending the Confederate capital, .Grant shifted his army across the James River and attack Petersburg. There were five railroads coming into Petersburg from the South and one from there to Richmond. Eventually Grant lay siege to Petersburg and worked his army south and west around the town until the railroads were cut and Lee was forced to evacuate westward. To destroy the Southern will Grant directed Sherman to cut loose from his supply base in Tennessee and drive through Georgia. In the process he destroyed much of the state and brought the war to the population of the deep South which had never seen war. Soldiers in Lee's army from Georgia and the Carolinas were affected and wanted to go home, make sure their families were all right, then return to the army. When Sherman hit the coast at Savannah he turned north and caused more destruction in the Carolinas, especially in South Carolina as the North generally believed that state started the war. With the will and logistics of the South under pressure, Grant also had Banks put pressure on Confederate armies in the west, and Butler was supposed to cut the rail line from Petersburg to Richmond, but never did. Previously, Union efforts in the Valley had failed when Union Gen. Franz Sigel lost at New Market on 15 May 1864. Early's Confederates had pushed as far as the outskirts of Washington before being turned back in mid-July. After two more Southern victories in the lower Shenandoah Valley, Grant responded in early August by naming Maj. Gen. Phil Sheridan to command a newly organized force, Middle Military Division, in the Valley. Grant wanted Sheridan to destroy Early's force, eliminate the Valley as a food source and join him in Petersburg to finish off Lee's army. This campaign was an integral part of Grant's overall strategy to destroy the South's will and suppliers, which today would be called a theater of operations. Sheridan pounced on Earlys army on 19 September at Winchester. The Battle of Third Winchester, also called Opequon, was the bloodiest of the many battles fought in the Shenandoah Valley during the War. Sheridan had waited until mid-September, then made his move. Early, who had unwisely advanced north and east of Winchester, was outnumbered by Sheridan nearly 3 to 1. On the morning of 19 September 1864, Sheridan sent his infantry west towards Winchester, iA+ile Federal cavalry held Early's, attention north of tow -U. The Federal advance along the Berryville Pike was slow, giving Early enough time to reassemble his forces closer to Winchester. Early's army of 14,000 fought well and stubbornly, but eventually overwhelming Federal numbers made the difference. At one point, a stunning counter-attack by Major Generals John B. Gordon's and Robert Rodes's divisions, aimed at a gap between the Federal VI and XIX Corps, threatened to turn a Union victory into disaster. Federal reinforcements eventually closed ranks, and when all of Sheridan's 35,000 men were in position, the result was inevitable. The Federals rolled up the Confederate line and drove Early's force through the streets of Winchester. Early's army lost over 4,000 men at Third Winchester, while Sheridan suffered over 5,000 casualties. The Federal victory at Third Winchester effectively sealed the Confederacy's fate in the Valley. Although Early would strike again, exactly one month later at Cedar Creek, Early's depleted army could do little to stop Sheridan. The most severe fighting and casualties occurred in the large land parcel east of I- 81, north of route. 7, west of rte. 656, and south of rte. 661. The Middle Field ranks with some of the most bloody fields of the Civil War, witnessing more than 3,000 casualties. CS general Robert E. Rodes and US general D. A. Russell were both killed within a few hundred yards of the Dinkle Barn site at the entrance to Winchester Mall. Detailed description of the battle. Phase One. Maj. Gen. Philip Sheridan's army advanced from the vicinity of Berryville on the Winchester -Berryville Pike about 0200 hours, 19 September 1864. At earliest light, Brig. Gen. James Wilson's cavalry division crossed the Opequon at Spout Spring and advanced through a defile known as Berryville Canyon. He was followed by the US VI and XIX Corps, and Crook's Corps. At the canyon's mouth the cavalry met the first elements of Maj. Gen. Stephen Ramseur's CS division and drove them back. Johnson's brigade deployed across the pike and held back the Union advance, while the rest of the division came into line to cover the Berryville Pike and Senseny Road farther to the south. The US cavalry launched several mounted and dismounted charges, driving the CS infantry back about 150 yards to the vicinity of the Dinkle Barn. Here Ramseur stiffened his defense with artillery, and the US cavalry withdrew as its infantry began to deploy. Wilson's division moved to cover the US left flank where it remained for the rest of the battle. Phase Two. About 0200 hours Brig. Gen. Wesley Merritt's U.S. cavalry division of three brigades (Custer, Devin, Lowell) advanced toward Seiver's and Locke's fords from the vicinity of Berryville. Brig. Gen. John McCausland's cavalry brigade dismounted behind barricades opposed their crossings. The Reserve brigade (Lowell) pushed across at Seiver's Ford against some opposition. Custer's brigade met heavier resistance at Locke's Ford and made several mounted charges before securing a foothold on the western bank. By 0800 hours both wings were across the creek, but the cavalry did not advance for several hours. About 1030 hours, McCausland's skirmishers withdrew, and Merritt's division moved forward. Waiting for them was Wharton's CS infantry division about a mile west of the fords, deployed across the roads, in woods and behind stone fences. About 1100 hours, the US cavalry began testing the CS defenses with skirmishers and artillery. Custer launched a mounted attack but was repulsed. About noon, Sheridan's main infantry attack had begun, and Wharton's division withdrew to cover the CS left flank on the Valley Pike north of Winchester. Merritt continued forward on Charles Town Road. Custer followed the lime of the Winchester & Potomac Railroad. About 1400 hours Merritt's division joined with Averell's cavalry division on the Valley Pike near Stephenson's Depot. Phase Three. In the meantime, the Union infantry had bogged down in the narrow confines of Berryville Canyon, dashing Sheridan's hopes of quickly taking Winchester and defeating the CS army in detail. Maj. Gen. Horatio Wright's VI Corps of three divisions (Getty, Ricketts, Russell) emerged from the canyon in order. Getty's division deployed south of the pike with its left flank resting on Abrams Creek. Ricketts' division formed north of the pike on Getty's right and extending to Redbud Run. Russell's division was in reserve. The XIX Corps composed of two divisions (Dwight and Grover) did not begin crossing until after 0900 hours and eventually deployed north of the pike into the First Woods, connecting with Ricketts' right. Sheridan established his headquarters near the Berryville Pike, probably south of the road on the Eversole Farm. As the US infantry deployed, the CS batteries opened fire from behind the Dinkle Barn. Union batteries swung into action on both sides of the pike to engage the CS guns. In the meantime, Lt. Gen. Jubal Early concentrated his scattered divisions. Rodes' division, marching from near Stephenson's Depot, deployed to the left and rear of Ramseur's division in the West Woods. Gordon's division extended the lime across the Hackwood Farm to Redbud Run. ::'harton's infantry and Fitz Lee's cavalry division formed a line across the Valley Pike north of town near Stephenson's Depot. CS batteries deployed on high ground along Baker Lane north and south of the West Woods, and north of Redbud Run. Skirmishing continued along Ramseur's front. Phase Four. At 1140 hours, a US signal gun sounded and Grover's division of four brigades (Birge, Molineux, Sharpe, and Shunk) launched its attack from the First Woods across Middle Field toward the Second Woods behind which Gordon's division waited. CS horse artillery north of Redbud Run played havoc with the flanks of Grover's attacking line. Birge's brigade reached the woods, driving back skirmishers, but then came up against Gordon's main line and were staggered. Sharpe's brigade came up on Birge's left, and the fighting became desperate. The Confederate line broke, falling back across the Hackwood property. Seven CS cannon in the Hackwood Lane fired canister pointblank into the US attackers, throwing them back. Gordon now launched a counterattack with two brigades, driving Birge and Sharpe out of the Second Woods and back across Middle Field. Grover ordered Molineux to advance and plug the gap that had opened between Birge and Sharpe. The firing was so intense Molineux's flanks seemed to "melt away." Shunk's brigade was committed to bolster the wavering Union line, coming in on Molineux's right rear. Shunk closed to within sixty yards of the CS line in the Second Woods. The two lines delivered pointblank volleys into each other. Gordon again counterattacked, and the Union attack collapsed. The wreckage of Grover's division went streaming back across the Middle Field to the safety of the First Woods. The CS horse battery (Cpt. James Breathed) north of Redbud Run again worked over the retreating division. Every regimental commander in Grover's division was killed or wounded; casualties totaled nearly 1,500. Bears brigade of Dwight's division deployed in the tree lime at the east end of the Middle Field and advanced into "that basin of Hell" to stem the retreat. Gordon's men waiting along the tree line of the Second Woods laid down a murderous fire. The Union brigade did not come within 200 yards of the Second Woods before being pinned down. They expended of their ammunition before retreating back to the First Woods. The 114th New York suffered 60 percent casualties (188 of 350 effectives). McMillan's brigade, personally directed by Corps commander Maj. Gen. William Emory, advanced. They reached a shallow ravine about 200 yards from the Second Woods, where two regiments (8th VT and 12th CT) clung on for nearly two hours. By 1300 hours, the main thrust of the XIX Corps attack was over and its ranks decimated. By 1400 hours, firing on this end of the field sputtered out from sheer exhaustion. Phase Five. At 1140 in conjunction with the XIX Corps' advance on the right, Getty's and Ricketts's divisions of the VI Corps launched their attack against Ramseur's line, which was on high ground, stretching from the Dinkle Barn south behind Abrams Creek. Ricketts' division on the right was to guide its attack on the Berryville Pike, which took a sharp jog to the left in front of the Dinkle Barn. As they advanced, a gap widened between the VI Corps and the XIX Corps on the far right. Keifer's and Emerson's brigades ruptured the Confederate center at the Dinkle Barn and moved to capture a battery of artillery in front of the West Woods. Ramseur's left flank now gave way and Confederates began to drift back toward Winchester. Phase Six. Just as Ramseur's left flank gave way under Union pressure, Maj. Gen. Robert E. Rodes brought his division forward from the West Woods. About 1330 hours he launched a devastating counterattack into the gap between the VI and XIX Corps. Battle's Alabama brigade "came out of the woods like a whirlwind," crushing Ricketts's division, which formed the right flank of the VI Corps. About this time, General Rodes was killed by shrapnel He fell somewhere along the wood line. Union soldiers streamed back along the Berryville Pike, while two US batteries astride the pike tried to slow the CS assault. From his command post on Eversole's Ifill, Sheridan and Wright witnessed the disaster. Sheridan immediately committed his reserves to stave off certain defeat; this was David A. Russell's division of three brigades (Campbell, Upton, and Edwards). Campbell advanced his brigade astride the Berryville Pike with Edwards' brigade to his right. General Russell, while directing these maneuvers, fell mortally wounded. The two brigades struck Battle's Alabamians head-on and stopped them, then drove them back to the edge of the West Woods. Upton's brigade came in on Edwards' right advancing from the edge of the Second Woods. The two divisions --Rodes' and Russell's --closed, exchanging murderous volleys. Upton's charge stopped the CS counterattack and drove it back into the West Woods. Russell's division was then withdrawn to regroup. Gen. Wright called Upton's attack the turning point of the battle. Phase Seven. Concurrent with the above events, there was a cavalry fight along the Valley Pike north of Winchester. About 0500 hours a Union cavalry division of William Averell crossed the Opequon near Darkesville and moved to the Valley Pike, steadily pushing back the 23rd Virginia Cavalry, which fought a delaying action. At Bunker Bill the 23d VA were reinforced by the 62nd Virginia mounted infantry. About 1000 hours, Union cavalry attacked Bunker Hdl, forcing the CS cavalry to retire. Averell continued, pushing south on the pike to link up with Merritt's division about 1400 hours, near Stephenson's Depot. South of the old Charles Town road, the Confederate cavalry units were stiffened by Smith's infantry brigade (Wharton's Division). About 1330, Devin's brigade arrived on the road to the depot. About one mile south of the depot, it encountered McCausland's CS brigade drawn up in line of battle and attacked, driving the Confederates back in confusion. The 23d VA cavalry and the 62nd VA mounted infantry attacked the Union flank disrupting the charge. McCausland and Smith retired one mile to a lightly entrenched line at near Collier Redoubt where they were reinforced by Fitz Lee's two brigades (Wickham and Payne) and Wharton's infantry division. Maj. Gen. Fitzhugh Lee fell wounded, during the fighting south of Stephenson's Depot. The Union cavalry deployed five brigades in line of battle, stretching from the railroad west toward the ridge near the intersection of the Valley Pike and Welltown Road. Phase Eight. About 1300 hours, Sheridan directed Crook's corps of two divisions (Thoburn and Duval) to advance from its reserve position near Spout Spring. The divisions marched to near the "Factor' on Redbud Run, where they split. Thobum's division moved west on the south bank of Redbud into the First Woods to relieve the XIX Corps. Duval's division crossed the run and turned west accompanied by the artillery of Capt. Henry DuPont. Duval's division deployed near the Huntsberry House. DuPont unlimbered 18 guns on what is now DuPont Dill, opposite Gordon's flank in the Second Woods and opened fire. Crook ordered Duval's division forward into a "wall of flame." They swept across Redbud Run at the Hackwood House, turned Gordon's flank and advanced against Wharton's line, stretching from Collier Redoubt east. About this time, Thoburn's division charged out of the First Woods into the Middle Field. This two- pronged assault forced Gordon to abandon the Second Woods and align himself with Breckinridge's units to his left rear. The CS line was now drawn into a compact L -shape, anchored by cavalry at Star Fort. Wharton's division faced north. Gordon's division made the turn of the L and Rodes' and Ramseur's divisions extended the Tine south to Abrams Creek. Phase Nine. With the success of Crook's attack on the right, Sheridan ordered a general advance against the CS position on the plateau just north and east of the town. The Confederates were behind stone fences, rail barricades, and in shallow earthworks. They could retreat no farther without losing organization in the streets of Winchester. As the Union advance closed from east and north, firing became fierce. The artillery of both sides fired case shot and canister. About 1530 hours, as the infantry fighting reached a crescendo, Averell and Merritt advanced their cavalry divisions astride the Valley Pike, first at a walk and then at a thundering gallop. They swept over the CS line at Collier Redoubt driving back the CS cavalry on the low ground below Star Fort. Schoonmaker's brigade ofAverell's division repeatedly attacked Munford's cavalry at Star Fort, eventually overrunning the work. The CS infantry withdrew to another line about 150 yards to the rear but the damage had been done. The sound of Union cavalry pounding behind them spread panic along the Confederate line, and soldiers began streaming to the rear and "whirling through Winchester." Wharton's and Gordon's divisions seemed to disintegrate. Rodes's division, now commanded by Grimes) performed the difficult maneuver of "changing front" to the north to stop the onrushing US cavalry. Early's army retreated in disorder. Phase Ten. General Early fashioned a defensive line at Kernstown (probably at Pritchard's 10 and behind Hoge's Run) which saved his wagons and most of his artillery. Cavalry and elements of the VI Corps probed this new CS defense as night fell, but the US forces were disorganized by success, and could not mount a pursuit. After dark, the CS army withdrew up the Valley Pike to Fisher's Hill south of Strasburg. Gen. Sheridan established his headquarters in Winchester at the home of Lloyd Logan. Casualties were so severe nearly every sizeable structure in Winchester served as a hospital. This 222 acre property, marked by gentle, rolling hills and woods, is one of the few remaining vestiges of the battlefield. During the battle, heavy fighting occurred on the site, as John B. Gordon's Confederates drove a wedge between the Federal XIX and VI Corps, temporarily stymieing the Union advance. Gordon's division drove through part of this property and Federal counter-attacks moved across this ground shortly thereafter. Gentle rolling hills and wood lots are a feature of this site, and except for the proximity of Interstate 81, one can imagine the events of 19 September 1864. It is one of the few pieces of the Third Winchester battlefield which still remains. Many historic structures remain in the vicinity, including Hackwood; Spout Spring (Wood House) on route. 7 adjacent to a sewage treatment plant; an old house, mill site, and a dye house where route 656 crosses Redbud Run; an old log house where route 659 crosses Redbud Run; Brumley House; Valley Mill Farm; Jordan Springs; and Tanquary House. The Hackwood Estate dates from 1777, a historic treasure in its own right. Other parcels, such as the Opequon Crossing and Spout Spring, Seiver's and Locke's fords, and the Second Winchester parcel at Stephenson's Depot (which was scene of cavalry actions during this battle) would expand interpretation. Star Fort and Collier Redoubt appear protected. Although hemmed in by development and severely degraded, the Dinkle Barn site adjacent to the I-81 entrance ramp off route 7 is key to understanding the attack of the VI Corps and Rodes' counterattack. A portion of the ravine down which Rodes attacked is intact northeast of I-81 interchange in front of the Dinkle Barn site at the entrance of Winchester Mall. The Hastings marker is the only monument erected on the battlefield that remains. It is enclosed by an iron fence next to the road in the midst of Fort Collier Busines&%dustrial Park east of Collier Redoubt. Nearby are the remains of old stone fences and an old farm lane defended by CS troops in the battle's later phases. Third Winchester Questions: Is the land north of Route 7 between routes 660 on the east and 656 on the west adjacent to the Berryville Pike Canyon part of the `'core" battlefield as noted on the map E-10 in the September 2000 "Shenandoah Valley Battlefields National Historic District" (SVB), and again noted in "Third Winchester (Opequon) Battlefield Preservation Plan" (BPP) dated 8 June 1999. (figure 1-2) Is it even part of the battle's "study area?" Answer- The land in question is not part of the core battlefield nor is it part of the study area of the battle. The SVB definition of "core" is battlefield lands where fighting occurred, and the definition of "study area" is surrounding the core fighting areas. (p- v) In BPP the definition of "core area" is areas of confrontational deployment, Heaviest fighting, and most severe casualties. Also in BPP the definition of "study area " is land that "enconzpass'es all important components of the conflict... approach routes, areas o f troop m;wements. (p.1-3) Maps from the BPP show the area under consideration is not part of the Recommended Preservation Area, (Figure 6-2) which does not show any piece of the parcel as part of any preservation area. The Battlefield Interpretive & Management Plan, (Figure 7- l) shows the interpretation area beginning west of the parcel of land. Figure 4- 4, Roadway Viewsheds, shows the parcel can not be seen from the canyon road, which is certainly a study area because it was the main Federal approach. Figure 5-1, the Driving Tour, shows the planned tour route and any stop location also not close to the property. From the reports, (SVB & BPP) and a reading of the historical data, the area in question is not part of the "study area" and certainly not part of the "core" battlefield of Third Winchester. The area in question may have had some Federal soldiers cross it in an east to west direction- It could have been a haven for those Federals not wanting to join the advance. Federal horsemen or messengers may have crossed it, but not in a planned maneuver. The land was part of the backwash of the confused movement to contact by the Federals down the Berryville Pike, and not contested by the Confederates. The following is the historical backup: From the Winchester BPP, Prepared by Frederick County Department of Planning & Development. The presence of developed secondary roads along Red Bud Run and along Abram's Creek is particularly interesting to Sheridan's tactics because of his failure to utilize them. (p. 2-5) While there can be little question Sheridan knew of these roads... he chose to stack his three corps of infantry into Berryville Pike and through the Berryville Canyon. (p. 2-6) Elisha Hunt Rhodes who was with Russell's Federal Division, 6`h Corps, described the main battlefield area west of the Berryville Canyon in the following way. (p. 2-6) The Federal Van called for a thrust westward from Berryville down the pike to Winchester by the 6` and 19`h corps preceded by cavalry. This force would clear the Berryville Canyon, a potential choke point beginning just west of the pike's crossing Opequon Creek. (p. 2-9) Wilson's Cavalry sped through the canyon and successfully surprised Ramseur's Confederate pickets forcing them to withdraw, allowing the Union 6th Corps to deploy to the Confederate front. At the same time Sheridan's insistence upon using this as the single line of access to Winchester and General Wright's failure to obey Sheridan's orders concerning his trains, caused this to become a bottleneck which hindered the rapid Union deployment. (p. 3-2) The large number of vehicles created a massive traffic jam, which caused hours of frustrating delays, reduced the amount of artillery that could get through to support the forward infantry and, most importantly, gave Juba] Early time to recall his scattered divisions and make a fight of it. (p. 2-10) When Sheridan finally attacked in earnest a little before noon, the Oh Corps advanced along the axis of the Berryville Pike while the 19`h Corps staged in the so-called first woods between Ash Hollow and Red Bud Run. Advancing up a gentle slope, the attacking federal corps gradually began to move apart from each other. (p_ 2-13) These quotes describe the action west of the canyon's mouth and the route of advance being wholly in the canyon with the Federals not deviating from the canyon road until they came upon a "gentle" slope... Primary sources confirm the BPP report: Fortunately for Ramseur, the Federals chose to approach the field through a narrow, wooded, two -mile -long canyon and got themselves into such a tangle that it was after 1 1:00•a.m. before they were fully deployed. Robert D. Johnston's brigade conducted a skillful fighting withdrawal from a point near the mouth of the canyon. At last with his army in position, Sheridan ordered an attack at 1 ] :40. XIX Corps plowed into Gordon's line and two VI Corps divisions under Ricketts and Getty stormed forward against Rodes and Ramseur. Wilson's cavalry had orders to turn the Confederate right so he went South. (Unit History 54`h NC, p. 225-6) The Third Battle of Winchester started 19 September on a line across the Berryville Road. Ramseur (Confederate) began skirmishing with an approaching heavy force, one and one-half miles east of Winchester. This line was on a plateau between Abram's Creek and Red Bud Run. The Federals attacked the camp at daylight. Our brigade was placed in line of battle on the right at about 10:00 and was ordered to the left to support Johnston's brigade. (Unit History 31" VA, p.78) Around 11:00 the I')" Virginia joined in a movement by the right flank and took position behind piled rails left of the Berryville Pike. (Unit History, 13th VA, p. 57) Ramseur's division, numbering only 1,700 men, was all that stood between Winchester and two Federal Corps. Pegram's men held their ground as long as possible, but were forced back, as Union regiments worked their way around either flank of the brigade. (Unit History, 58"' VA, p. 70) Fortunately for Ramseur, the Federals chose to approach the field through a narrow wooded, two-mile long canyon and got them selves into such a tangle... Robert Johnson's Brigade conducted a skillful withdrawal from a point near the mouth of the canyon. (North Carolina Troops, 1861-1865; 54th Regiment N.C. Troops p. 225) ID Ramseur's thin division was called upon to stop two Federal army corps.(52d Virginia Unit History p. 71) Ramseur's division numbering only 1,700 men was all that stood between Winchester and two Federal corps.. The Virginians fell back in good order. (Unit History 5th VA, p. 70) Around 11 a.m. the 13th Virginia joined in a movement by the right flank and took positions behind piled rails left of the Berryville Pike.(Unit History, 13th VA, p. 57) The Third Battle of Winchester started on 19 September with and on a line across the Berryville Road. Ramseur began skirmishing with an approaching heavy force, one and one half miles east of Winchester. This line was on a plateau between Abram's Creek and Red Bud Run. (Unit History, 31 st VA, p. 78) On the left of the Confederate line were breastworks of stone thrown up. The underbrush our men had to advance through necessarily disorganized their ranks... The road from the Opequon up to the battlefield was a jam of ambulances... so the troops could not march on the road About one division marched on either side of the road, and met with more or less delay. (General George Crook, His Autobiography p.126) Secondary sources confirm the BPP report. The Confederates used Opequon Creek in their screening plans but it was too far away to emplace extensive defensive works on. The terrain favored cavalry. The Confederates benefited from better roads. Sheridan confined his main attack to the Berryville Pike and the ravine it went through. The restrictive canyon was the most influential piece of terrain of the battle. (Outline of Third Winchester, 19 Sept l 864) Wilson's Cavalry moved rapidly through Berryville Canyon and attacked Ramseur's advanced brigades, which were in earthworks astride the Berryville Road. Wilson took this position from the Confederates and held against several counterattacks until VI Corps relieved him. Johnson's Confederate Cavalry brigade after screening at the Opequon and in front of Ramseur, fell back on either of Ramseur's flanks. When Emory tried to briny= his Federal XIX Corps up he found the gorge, with its steep, tree -covered slopes rising sharply on either side of the pike, completely blocked by the supply and ammunition wagons of the VI Corps, despite Sheridan's specific order that the wagons should be held east of Opequon Creek until the XIX Corps was in position. Even the slopes were clogged, one soldier remembered, with `the hundreds of men who belong to an army but never fight—the cooks, the officers' servants, the hospital gangs, the quartermaster people, the present sick and the habitual `skulkers.' Ramseur withdrew slowly until about 10:00 a.m. when Gordon and Rodes arrived on the field. Observing the leading elements of Emory's XIX Corps curl around Ramseur's left, Early placed Gordon on the extreme left, and when Rodes arrived he went between Gordon and Ramseur. The Confederates attacked just after 11.00 and caught Emory's corps just coming into line and thus off-balance. The original Berryville Pike was along the East bound lane of Route 7. In the West bound lane you are high up on the canyon's northern bank and should be able to appreciate the cause and extent of the "traffic jam" that snarled Sheridan's advance that morning. Federal Captain DeForest called the confusion in the canyon "stupendous oversight." VI Corps wagons blocked the passage of XIX Corps for hours. The men were forced into woods on the steep hillsides and the chance of taking Early before he could concentrate was utterly lost. (Third Winchester by Roger Delauter, Jr. p. 81) Sheridan's plan was for VI Corps to reach the open country just east of Winchester and form battle lines. XIX Corps was to cross the Opequon and place itself under the command of Wright, leading VI Corps. The initial phase was from dawn to about l 1:00 a.m. and took place in the canyon along the main approach to Winchester from Berryville. The second phase was from 11:40 to mid-afternoon and fought between Berryville Pike and Red Bud Run. This was the bloodiest phase of the battle, north of the pike as far as the Red Bud. Ramseur's Division guarded the Berryville Pike. Wilson came on with 3,300 Union cavalry, crossed Opequon Creek unopposed. The first shots of the battle were from 23d NC pickets firing on Wilson's men. Ramseur had been on the Pike for two days, now behind earthworks. The North Carolina unit would halt, face to the rear rank, wait until the Federal Cavalry got to within 100 yards then fire, the cavalry would break up, reform and repeat the action. Eventually Wilson's men captured the Confederate earthworks just south of the pike close to the canyon's mouth. Ramseur's men formed up on the open plateau beyond the canyon's mouth. The Berryville Pike was now open. Sheridan himself rode through and waited for the VI Corps to exit the canyon. VI Corps' advance was at a crawl and they had brought their wagons against orders which hampered the advance of the XIX Corps for hours. XIX Corps was forced on the nearly impassable hillsides. Coming back east was Wilson's wounded and some Confederate prisoners, which further confused the situation. On the right and left endless lines of infantry struggled through underbrush. Sheridan could do little to unsnarl the procession. (Third Winchester by Roger Delauter, Jr. p. 24-30) Wilson's division led the Federal advance... Since only infantry could negotiate the ravine where it narrowed close to the town it was imperative that the cavalry capture the Confederate outposts at its mouth, enabling the foot soldiers to reach maneuverable terrain farther on. (Grant's Cavalryman The Life and Wars of General James H. Wilson, by E.G. Longacre p. 149-150) Sheridan's troopers had swarmed up out of a wooded ravine so quickly at daybreak that Johnston's pickets fired but a single round before falling back... Ramseur had deployed his full division. The line straddled the pike about a mile and a half east of Winchester on an elevated plateau between Red Bud Run and Abraham's Creek. Looking to his immediate front and right, Ramseur saw open country. From the Opequon to Ramseur's position much of the Berryville Pike ran through a ravine bordered by thick woods. Along this part of the road, the enemy, (Federals), might form in relative safety. (Stephen Dodson Ramseur, Lee's Gallant General by Gary Gallagher, p. 140-141) The initial phase from dawn to about l Ia.m. took place along the main approach to Winchester from Berryville. The second phase, fought between 11:40 and mid- afternoon took place between the Berryville Pike and the Red Bud ... the Pike crosses the Opequon at Spout Springs Ford. West of the crossing as far almost as Winchester, the Pike passed through a narrow and wooded defile grandly known as the Berryville Canyon. The canyon would be the scene for the first phase of the Battle of Winchester. Just to the west of the canyon's mouth the road crested an open plateau... (Third Winchester, p. 23-31) Under pressure from Wright, Ramseur now withdrew slowly but skillfully until about 10 a.m. when Gordon and Rodes arrived on the field. Observing the leading elements of Emory's XLX Corps debouching from the gorge and starting to curl around Ramseur's left ... (The Battle of Winchester, p. 40) The Federal VI Corps having driven Ramseur from his initial position, has to wait for about two hours while the XIX Corps struggles through the traffic jam in Berryville Canyon. (Map 3) The Third Winchester Battlefield proper is bounded by Red Bud Run on the north, Abram's Creek on the south, US Route 11 to the west and VA Route 656 (Greenwood Road) to the east. (Map Set for the battle of Third Winchester, under the heading Terrain in Outline of the Battle of Winchester, VA, 19 Sept 1864) Summary From the historical record it appears the advancing Federal Army used the Berryville route, in the Ash Creek Canyon, part of the study area, exclusively as an avenue of approach and only after they exited the west end of the canyon did they deploy north and south to attack Confederate positions further west, toward Winchester. Sheridan chose to attack through Berryville Canyon with two corps, the VI and XIXth. The canyon became a jam of wagons and men going in both directions. Sheridan himself rode to the canyon and tried unsuccessfully to sort out the mess. I can find no record the Federals climbed the canyon's sides or any Federal unit left the canyon other than along the Berryville Pike. Because the canyon sides were shale and very steep and once on top of the canyon Confederate artillery would have fired on them. General Wilson's Cavalry captured the Confederate earthworks just west of the canyon near the pike, and the Confederates retired to a position of piled debris and rails astride the Berryville Road. After General Wilson over ran the first Confederate position, the Confederates selected a more protected position across the pike because initially they only had Ramseur's division of 1,700 to face two Federal Army Corps. If they had any hope of thwarting the Federal advance they needed the protection earthworks would give them. When VIII Corps, in reserve under General Crook, advanced, it too marched in the ravine on both side of the road. I can find no record of any fighting that took place above the ravine to the north between Routes 660 and 656. Nor was it used for any activity defined under study area. The Berryville Pike from the Opequon to the western mouth of the canyon should be part of the battle study area as it is key terrain in understanding the battle. The land north of the canyon between Routes 656 and 660 is not a part of the study area or the battlefield core. Dr. Lynn L. Sims Historian Red Bard Run Impact Analysis Statement J. Impact on Community Facilities Frederick County's capital impact model has been run to reflect the impacts associated with this project. Proffers have been created that intend to mitigate the associated impacts as presented. Additional impacts will be realized by this project, namely: Schools - better access to Red Bud Run Elementary and Millbrook High School from areas north to Stephenson. Sheriff/Fire & Rescue — improved traffic control and safety and VA Route 7. Parks & Recreation — public access to the Red Bud Run preservation area. Solid Wastes - None Red Bud Run ImpactA atlysis Statement K. Open Space Plan Single family projects with minimum 12,000 SF lots are required by ordinance to provide 15% of the total site in open spaces. Considering lands within this rezoning petition this requires 23.6 acres. The proposal brought forward in this petition provides land not needed for lots and roads totaling 52 acres or 33.1% of the site. (See Figure 17). This plans provides for 28.4 acres of land which is not encumbered by zoning ordinance regulations within the proposed RP zone. The normal lot density for 12,000 SF subdivisions historically in Frederick County has averaged 2.3 units per acre. The density of this proposal is 2.33 units per acre with the removal of the 28.4 acres from the project. The purpose of 28.4 acres set aside is to provide for a stream preservation parcel to protect the Red Bud run stream channel and to provide an important new resource to the County comprehensive open space plan. The resulting 3800 linear feet of stream channel, much of it on both sides of the stream, can provide permanent protection for this natural resource. A number of site meetings with groups such as the Opequon Watershed Commission, Trout Unlimited, Virginia Department of Conservation and Recreation, Frederick County Parks and Recreation has created a corridor boundary safe from intrusion and visually unimpaired by the proposed development. The preservationists are attempting to assemble other parcels along the stream, either by easement or fee, such that Red Bud Run can become a linear park setting from the spring heads near I-81 to its confluence with the Opequon (see Figure 18). The owner has decided to limit the normal development density in the proposed RP zone by 18% in order to support this important public project. This set aside is described in the proffer section of this application. 8 ARE4 SU ,�LARY JFIT," ECT OpOf AY8 AC - 1&29,; S74WAM A�Mnav XIO�L- AR 4 Ae I(YA LV 70TAL- 522 Av (SJ I.T) R woos Afi/Ii ` 00d 66a, - 571, (CV?7ffi7U*W Pamrwhim Fawfim,10 .4 IN j 6� kb %,l W-46%* Am"Mmew bWff AbW RoWe 7 1 _Frederick -bo. -Scho6is Tit®/ P'Vject Arm- 1557.01 Ac. fl�ure 17 Red Bud Run gilbert w. Clifford associates, inc. OPEN SPACE PLAN Engineers Land Planners water Quality o Q) NS STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY RGI 1A 117 E. Mwdil� St Winchester, Virginia 22601 14 /V j MCE (540) 667-2139 FAX.- (540) 665-0493 DAL: gwcrC@mnsinc.com r I - r a id r r - a i l f s f IYY.' a k \ 14 v'*.S-�' �� "`*-_:-J�- � .�. J �\4 j +..?F a� � �j-\ \ / •,1+ �, 5 ,1 \ � v i�' � y x F33'' a a, d�, �� r�-: -�� -�., �: t•w:rx w�,., ` ''�y 1'+ � `+fi - 'V, �,,�.. �: --7-;: �. :;1d ''otiry /�✓/// \-t ��`'ti -.�.., :-r"�„ / _ {�i Uy +1.u`.,.q+,, a6;�r • Il r� ( ��l��*q �--' w, _ t _ , �- "` '9 f � i� 1+�� kms,,. �. •may, x 1 � �°� f� , �.+y �'� . �_ lz', i, ; �`+... tea✓ ° ."�P �$'�, ..i f yl r Red Bud Run gilbert w. clifford associates inc. II` ` STREAM/HISTORIC PRESERVATION PLAN Engineers Land Pliers water Quality IV 117 E Picadilly St. Winchester, Virginia 22601 STONEWALL MAG/SMRIAL DISTRICT FREDERICK COUN?;' ltRG1N.A VOICE (540) 667-2139 FAX: (5401 665-0493 FMAII: nwcli fbmncfnr..mm IV F E J -RICK COUl%r 'Y 1MR1C TM-GDEL OUTPUT MODU LE Adjustment For Tax Credits Revenue- APPLICANT: PIN 55-A-107,105,106 Net Fiscal Impact (Unadjusted) Cost-Ealanse Eaclitieslmpact LAND USE TYPE Residential Costs of Imy edit; $247,331 INPUT M0-QUJ.E Credits to bsJake REAL EST VAL $45,885,000 Required (entered in Cur. Budget Cur. Budget Cap, Future CIPt FIRE & RESCUE 1 Capkal,Eacdhies col sumonly) Oper-Cap-Equip Expend(Deb4 r, Laxa"ther Fire and Rescue Department $247,331 $41,051 $117 s0 so Elementary Schools $1,427,956 $386,863 $271,971 $0 $0 Middle Schools $756,795 $3,206,952 $176,414 $1,021,889 s0 High Schools $1,164,330 952 9 163 Parks and Recreation $510,041 $130,454 Public Library $93,400 $28,061 Sheriff's Offices $65,828 $23,116 $0 $12,128 Administration Building $84,479 $0 Other Miscellaneous Facilities $107,404 $322,057 $54,807 SUBTOTAL $4,457,565 $521,586 $1,086,696 $170,643 LESS: NET FISCAL IMPACT $0 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (Unadjusted) Cost-Ealanse Eaclitieslmpact DNelling UnAt $0 $0 $247,331 $707 $1,198,303 $842,426 $2,506,656 $7,162 $130,454 $91,711 $418,330 $1,195 $28,061 $19,728 573,673 $210 $35,244 $24,777 $41,051 $117 s0 so $84,479 $241 $386,863 $271,971 $0 $0 $1,778,926 $1,250,613 $3,206,952 $9,163 $0 s0 $Q $Q 952 9 163 INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost tial, "0.0" it Ratio to Co Avg: 0.0 Rev -Cost Bal = 0.491 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Cc Avg = 0.703 METHODOLOGY M 1. Capital facilities requirements are input to the first column as calculated in the model, 2. Net Fiscal impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10103/01 ERL P.I.N. 55-A-105, 106, 8 107 Rezoning: Assumes 157 acres zoned RP, 350 maximum single farrly lots proffered Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. I PROFFER S TA TEMENT REZONA_N-G REQUEST PROFFER Property ldentificAion Number 55-A-1415, 106, 107 & 107A Stonewall Magisterial District RED BLD RUN Preliminary Matters Pursuant to Section 15.2-2296 et. Sea., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terns 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $5,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $117.00 for Sheriff's Office and $241.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Proffer Plan including the following improvements: 1. On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to modify, alter or reconstruct Route 7 east bound lane left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, into the Blue Ridge Mobile Home Park. The west bound lane Route 7/Route 660 intersection is to be signalized in conjunction with the intersection improvements. Route 660, Woods Mill Road, is to be upgraded to include full width lanes, left and right turn lanes and associated tapers across the parcel that front Route 660_ (See location 1 on Proffer Plan). REZONING REQUEST PROFFER Property Identification Number 44 -A -89A and 44-A-89 Stonewall Magisterial District Red Bud Run 3. A minor collector roadway shall be constructed in Phase 1 of project to connect Woods Mill Road with Morgans Mill Road and a rear access to schools. (See 2 on Proffer Plan). 4. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 3 on Proffer Plan). 5. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 6. Stonnwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control existing under Virginia law. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Patrick A_,,McTiernan Date: i' C -- Date.- STATE ate: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Thomas M. McTiernan The foregoing instrument was acknowledged before me this day of 2001, by My commission expires Notary Public Page 2 of 3 vi A GENCY COMME, NTS Red Bud Run Reply to Agency Comments 26 -Apr -02 Comment Staff Application Fee 157.01 ac -$600+$35x157.01= $6095.36 Survey Plat & description Provided Taxes paid ticket Provided Location and Access Distance io adjacent residences per attached. There will be increased traffic. There will be some visual impact. No residence is immediately adjacent to lands disturbed by proposed construction. Site Suitability Maps have been added showing steep slopes and woodlands. Maps have been added describing acreage. Traffic Traffic generation is shown on new map added to traffic section. LOS is shown on improved intersections at Rte 7/Woods Mill, Woods Mill/ project entrances and at Morgans Mill/project entrances. The cost of offsite roads is attached. (See PHR&A Traffic Study Addendum). Sewage Conveyance and Treatment Information on flows and preliminary sizing is included in revised text in section E. Water Supply The existing 10" main in Rte 7 has the capacity to serve the proposed development. A water stub will be provided at Morgans Mill Rd to provide the extension of service loop to School site if thought appropriate by School Board. Historic Sites and Structures The Miller -Woods house was destroyed by fire and on the same site a modern house has been built. The distance to this site from any disturbed lands is shown in section B_ An old house, a barn and the old Mill Race are included in the proposed preservation parcel. This will allow the potential of preservation by the tract owner. Proffer Statement The GDP has been changed to Proffer Plan since more than monetary Proffers are involved. "and issued" has been removed from the proffer. The 28.4 acre stream preservation parcel will be held by the owner until an owner/operator agency contract can be formed and the title transferred. Several agencies are possible to hold title. The County will approve the Contract. This transfer will occur when public interests are served and a feasible plan for use is in place. The Road Eff buffer will be provided in the size required by the Master Dev Plan. School Access Point As agreed with the schools, the minor connector rd will Intersect Morgans Mill Rd at the existing point of intersection at the ex Haul Rd (at the existina aate). Public Works No Questions. Comment was favorable. Fire Dept Flow to Ash Hollow will be captured in and released What will be impact on Creek flows? from storm ponds in accord with approvals of plans by Public Works. This will mitigate impact on Ash Hollow Run. Fire Marshall Fire Hydrant Specs and coverage Noted factors discussed. Looping of water mains encouraged See staff comment. Looping back to the same is of limited value. School system is looped to Rte 7and to Regency Heights. This will be of operational value. FCPS Frederick County builds approximately 650 new Information provided on costs of houses each year based on 11 year statistics. New education and the need for new schools rezonings in the appropriate location are necessary to focus growth in "Livable Neighborhoods" near schools and where other essential services can be economically provided. Rezonings do not increase growth, when they occur within the UDA, it provides for orderly growth for the 650 units built each year. Minor collector to Woods Mill is a benefit This road is proffered for phase one of the project. The engineer for Red Bud Run recommends consideration of closing Rte 658 intersection with Rte 7 when this road is in place for safety. FCSA Plan for water and sewer service is acceptable Dept of Parks & Rec 50% of impact model proffer needs consideration Noted The 50% proffer has been established by the Board of Supervisors as appropriate. Increasing cost on units in the UDA has the effect of moving growth to the rural areas. This project is limiting density in order to provide a Stream Preservation corridor of 28.4 ac and link with other preservation along the corridor. This in itself is a major expansion of community leisure activity and is in addition to the monetary proffer. Co Afforney Proffer appears in proper form when signed by owner. w Property is within the Core of Third Battle. HRAB had concerns about loss of views, density of development and network connections to Stephensons depot Noted Included in the Historic impact section ("I") is a complete report by Historian Dr. Lynn Sims regarding the Battle of the Opequon (Third Battle). There seems to be no justification for a public agency paying to acquire this site since nothing of significance happened on the lands. A Historic Preservation Buffer will be designed to limit visual impact from Rte 7. The owner has offered to provide land for pull off areas (Kiosks) for interpretive purposes. To date there have been no requests or recommendations for such improvements. From Dr. Sims study it is found that the School Site has effectively separated Red Bud Run from any reasonable connection with the Battlefield Park at Third Battle. The property is within the UDA and there are several other good reasons to rezone the property, which are discussed in the application. This site has been in family ownership by the McTiernans and has ceased to be productive as farmland. With the evidence available, the highest and best use of the land is for UDA residential inventory. The low density approach proffered fits well with historic and environmental issues identified in this application. VQOT VDOT offers language to be included in This language has been included in the revised the proffer statement. proffer. February 11, 2002 Charles E. Maddox, Jr., Vice President G.W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Red Bud Run, Route 7 Preliminary Review of Potential Rezoning Petition Dear Chuck: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 I have had an opportunity to peruse the materials referenced above, submitted to this office on February 1, 2002. The proposed petition appears to be consistent with previously provided information discussed during the UDA expansion request. I would suggest you consider providing the following additional information when the formal rezoning petition is submitted to the County for consideration: 1. Application Review Fee of $6,166. [$550 base + $50 refundable sign fee + ($35/acre * 159.03 acres)]. $550+50+5566 = $6,166 2. Survey Plat of the proposed Zoning District Boundary. Include meets and bounds, and legal description of proposed boundaries. 3. Taxes Paid verification for all parcels included in the rezoning petition. 4. impact Anal A. Item B: Location and Access. Provide the distances from the subject site to adjoining residences, and address potential nuisances. B. Item C: Site Suitability. Provide additional information pertaining to the location, amount (acreage), and percentage of the site that is in steep slopes and woodlands. C. Item D: Traffic. Provide a Traffic Impact Analysis as described on Page 5 of the Rezoning Application Package. Such additional information should address potential impacts and mitigation efforts proposed for both Woods Mill Road and Berryville Pike. D. Item E: Sewage Conveyance and Treatment. Provide the location, size, and available capacity of the existing sewer main to be utilized by this proposed development. Explain the effect the development proposal might have on the main's capacity. Provide distance the main is from the subject site. 107 North Kent Street • Winchester, Virginia 22601-5000 Red Bud Run REZ Page 2 February 13, 2002 D. Item F: Water Supply. Provide the location and size of the existing water main to be utilized by the proposed development. Explain the effect the development will have on the service's capacity. E. Item I: Historic Sites and Structures. The historic Wood's Mill is not on the subject property, yet you have indicated that it will be preserved in open space. What is on the site is the Miller -Wood House; this structure should be buffered from the proposed development to assist in preserving its historic qualities. Provide the distance the historic structures are from the proposed rezoning boundary lines. 5. Proffer Statement. A. "General Development Plan" might be more appropriately titled "Monetary Contribution." Revise sentence for clarification: "...the undersigned will pay to Frederick County at the time a building permit is applied for and-isstted the sum of..." B. General Development Plan, Item #4. Who is intended to own and/or maintain the `stream preservation parcel'? Based on ownership, how will the site be made open to the ' public? 6. Road Efficiency Buffer (REB) along Route 7. As you are aware, an REB is required along Route 7. Please confirm that adequate distance has been provided on the Generalized Development Plan. 7. Clarify the location of the proposed road connection with the school site access point. Thank you for providing me an opportunity to review this preliminary zoning petition. I would agree with the review agencies that you have circulated this petition to: County Attorney, HRAB, VDOT, Public Works, Fire Marshal, Department of Parks and Recreation, Schools, Sanitation Authority, and Greenwood Fire and Rescue. Once you have received all comments and satisfactorily addressed the issues raised, the petition may be formalized with the appropriate property owner signatures on the application and proffer statement. Please contact me with any questions regarding this project. Sinc ly, Er R. Lawrence, AICP Deputy Director ERL/ch UAEric\Common\Rezonings\Red Bud Reviewl.wpd Rezoning Comments Frederick County Department of Public Works Mail to: Frederick Co. Dept_ of Public Works Attn- Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Y and deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4`h Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location, map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W_ Clifford & Assoc.. Inc. Phone. (540) 667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street Suite 200 Winchester VA 22601 Location of Property: North and Adjacent to US Route 7, east and adacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage- 159 Department of Public Work's Comments _ 6i CVI 11120 VA41CAM P��tN► �. R,t � c -RJl � �� , k, o VVA. .� V\xj cnkv . %11 w Lk r"u�I ,�s , Public Works Signature & Da Notice to Dept. of Public Works — P se Return This Form to the Applicant Rezonin Comments—�- Fire and Rescue Company Greenwood Vol. Fire Co. P.O. Box 3023 809 Greenwood Road Winchester, VA 22604 667-9417 Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, pro5er statement, impact analysis, aad any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: Location of Property: c/o C. E. Maddox, Jr., P -E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Fire and Rescue Company's Comments &)Anq,�-7 C � J t(i f Lit7 a. Ltd Yc� FkC'c'ss�cc tt'R��✓lact'S Fire & Rescue Company's Signature & Date: Notice to Fire & Rescue Company - please Return This Form to the Applicant 17 Y Rezoning Comments Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Mfirshal )Eland deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1st Floor 107 N. Kent Street Winchester, VA 22601 Applicant•. Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application farm, location map, proffer statement, impact analysis, and any offer pertinent information, Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address Location of Property: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Fire Marshal's Comments �iVM• \� \� \Fire Marshal's Signature & DateS`�- Notice to Marshal — Please Return is Form to the Applicant Control number RZ02-0002 Project Name Red Bud Run McTiernan Address 117 E.Piccadilly Street Type Application Rezoning Current Zoning RA W tz V -i -A Date received 2/1/02 City Winchester Date reviewed 2/5/02 Applicant G.W.Clifford & Associates State Zip VA 22601 Tax ID Number Fire District 55-A-105 to is Recommendations Automatic Sprinkler System Automatic Fire Alarm SySte No No Other recommendion Emergency Vehicle Access Not Identified Siamese Location Not Identified Requirerne. 11.5 Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Ph 540-667-2139 Rescue District Is Election District Stonewall Residential Sprinkler System NO Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments and, r-rederick County C,-�&a Ch�-jpter 4. rs. t VIT,�us ?=3 M3 irk -IL -?- -'aal, "M4 -gc. Sgt OI! allow coverage ).:o Y*Q Access Comments Additional Comments A loop in the water supply system wether connected to the FOPS site or separate connection to Rt.7 will greatly enhance fire suppression activities. Plan Approval Recommended 'N Reviewed By Signiture Yes Title eptS An ILI FCP Frederick Coun�v Public Schools �,dministrative Assistant to Visit us at www.frederick.k12.va.us e-mail: he Superintendent orndorfal9frederickIlIva.us February 4, 2002 C. E. Maddox, Jr., P.E., Vice President Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run Dear Mr. Maddox: This letter is in response to your request for comments concerning the rezoning application for the Red Bud Run. Based on the information provided, it is anticipated that the 300 new residences in Red Bud Run will yield 150 new students. The 2001-02 projected per pupil cost is $7,473 of which $3,635 comes from local revenue. The 150 new students will cost the school division $1,120,950 annually at the current dollar value. Out of this amount, the locality will provide $545,250. These figures do not reflect capital expenditures for buildings and their debt service. Significant residential growth in this portion of Frederick County has resulted in the schools serving this area having student enrollment near or exceeding their design capacity. The cumulative impact of this project and others of a 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 enrollment. The construction of a minor collector road through the proposed Red Bud Run project would be of significant benefit to the schools located adjacent to the project. A gated entrance/exit from the school property to the minor collector road and onto an improved Woods Mill Road and signalized west lane intersection on Route 7 would help improve overall traffic safety. The impact of this subdivision on current and future school needs should be considered during the approval process. Sincerely, Al Orndorff Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-27�8— L/Planning/Redbud Run Rezoning Comments >'� r ederick County Ia ititation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to. Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant. Please till out the information as accurately as possible in order to assist the Sanitation Authority with their review_ Attacli a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540) 667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Sanitation Authority Comments The conceptual plan for providing water and sewer service to the propos property is acceptable. Sanitation Authority Signature & Date: / ,�U D.Z Notice to Sanitation Authority — please Return This Form to the Applicant 14 I Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as passible in order to assist the Department of Parks & Recreation with their review. attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. � Applicant's Name Mailing Address: Location of Property: Gilbert W. Clifford & Assoc.. Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester_ VA 22601 Phone: (540,) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 This rezoning application includes Dept. of Parks & Recreation Comments proffer for Parks and Recreation which reflects 50% of what the impact model recommends will be needed to meet the Parks and Recreation demands of this development. This matter should receive close consideration, as many of the people moving to our community will be requesting the level of leisure services tor which they have become accustomed. Signature & Date:--�/1 2 Notice to Dept. of rks & Recreation — Please Return This Form to the Applicant 12 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540) 667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester_ VA 22601 Location of Property: North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 County Attorney's Comments �/ /'� G'r12L V Assistant County Attorney' Signature & Date: VA February 21, 2002 Mr. Charles E. Maddox, Jr., P.E. Gilbert W. Clifford & Associates, Inc 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run Rezoning Dear Mr. Maddox: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of February 19, 2002. The HRAB reviewed information associated with the Frederick County Rural Landmarks Surve , the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information about the Third Winchester (Opequon) Battlefield provided by the applicants' historian, Lynn L. Sims, Ph.D. The HRAB also considered details you provided about the proposed rezoning. Historic Resources Advisory Board Concerns The parcels proposed to be rezoned from RA (Rural Areas) to RP (Residential Performance) are located withing the limits of the Third Winchester (Opequon) Battlefield core area, as delineated by the National Park Service. Therefore, the HRAB has expressed concern for loss ofcore historic battlefields. Specifically, the HRAB has concerns about loss of view sheds of the battlefield, the housing density of the proposed development and its impacts on possible battlefield network connections to Stephenson's Depot. Based on the above concerns, the HRAB recommends denial of this rezoning request. Please contact me with any questions concerning these comments from the HRAB. Sincerely, _ � F �j.% Rebecca Ragsdale Planner I I'm cc: Bessie Solenberger, Chairperson U:\COMMITTEES% P-AB\Recommendations\RedBudRunRZ.wpd 107 North Kent Street o Winchester, Virginia 22601-5000 Rezoning Comments Historic Resources Advisory Board Mail to: Frederick County Dept. of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Dept. of Planning & Development Co. Administration Bldg., 4 Floor 107 N. Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540) 667-2139 Mailing Address: c/o C. E. Maddox Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt_ 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Advisory Board Comments Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant g om: Eric Lawrence <elawrenc@co.frederick.va.us> r: Chuck Maddox <gwcliff@mnsinc.com> ,te: Thursday, March 14, 2002 4:36 PM .oject: [Fwd: Rezoning Comments - Redbud Run Subdivision] iuck- aff would concur with VDOT's comments (attached), and would also ggest that additional details be provided regarding a road connecting gods Mill and Morgans Mill Roads. ric is R. Lawrence, AICP, CZA .puty Director apartment of Planning and Development aunty of Frederick 7 N. Kent Street inchester, Virginia 22601 0.665.5651 0.665.6395 fax iwrenc@co.frederick.va.us om: Melnikoff, Steve<Steve.Melnikoff@VirginiaDOT.org> 'Eric Lawrence' <elawrenc@co.frederick.va.us> Melnikoff, Steve<Steve.Melnikoff@VirginiaDOT.org> .ie: Friday, March 08, 2002 12:09 PM abject: Rezoning Comments - Redbud Run Subdivision )OT requests the Transportation Comments of McTierman Rezoning Request as iicated in Section V Proffer Statement be modified as follows: :neral Development Plan Modify, alter or reconstruct Route 7 east bound lane left turn lane and )er to the Route 7/Route 660 crossover. Modify, alter or reconstruct the )ute 7 east bound lane, acceleration lane from Route 7/ Route 660 )ssover. Modify, alter or reconstruct the Route 7 west bound lane, right -n lane and taper to Route 660. Construct a right turn lane and taper, )ute 7 east bound lane, into the Blue Ridge Mobile Home Park. ie west bound lane Route 7/Route 660 intersection is to be signalized in njunction with the intersection improvements. )ute 660, Woods Mill Road, is to be upgraded to include full width lanes, t and right turn lanes and associated tapers across the parcel that mts Route 660. A minor collector roadway shall be constructed in Phase I of project to oods Mill Road with Morgan's Mill Road. even A. Melnikoff ansportation Engineer )OT — Edinburg Residency .rmit & Subdivision Section 1031 Old Valley Pike iinburg, VA 22824 40) 984-5611 40) 984-5607 (fax) Vll SURVEY PLAT & DEED L 19 L20 L18 5 PIN 55-A-107 121.5227 ACRES _,0L6 L4 L3 VA. ROUTE 500 0 500 pm� mmmoml SCALE: l" = 500' PLAT SHOWING THE LAND OF PATRICK A. MCTIERNAN oN THOMAS A. MCTIERNAN C3 DEED BOOK 406 PAGE 631 Cl STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA FEBRUARY 20, 2002 SCALE: 1"=500' L25'DRAWING: 3830 26 Qft p, �r, SHEET I OF 2 . ....... . .... PIN 55 -A -107A PIN 55-A-105 L2 1-44 L45 L31- IS9, L32 L59 L3 <60 L35 58 L61 (60 L57 46�, L37 111' , 0 . ..... 56 M�6"s C) 1-39i 1L54 0 3 4 1 L525 0 PIN 55-A-106 din q 34,1603 ACRES 50 o �~^, ' o CD 01 c) c i 0 "I (`I IR'\/F TARI 17' CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C1 1 06°36'00" 3744,72' 431,36' 215,92' 431.12' N63007'12'W I INF TART F LINE BEARING DISTANCE L1 N65°02'19'W 450.44' L2 N69°04'36'W 400,23' L3 N66"47'32'W 456,76' L4 N73°35'31'W 295,24' L5 N56013'33'W 101,92' L6 N76008'23'W 101.10' L7 N66°25'12'W 723,17' L8 N25°38'28'E 38,82' L9 N25"51'27'E 774.51' L10 N24°34'59E 555,11' Lll N17019'20'W 150.00' L12 N24015'59'E 119.08' L13 N35'18'55'E 68.26' L14 N76°20'54'E 123,97' L15 S88049'57'E 82,45' L16 N87023'24'E 77,74' L17 N87°37'32'E 165,57' L18 N13023'13'E 48,32' L19 N19°15'15'E 21,89' L20 S89049'48'E 185.30' L21 N47°28'21'E 139,15' L22 S45059'55'E 548.49' L23 S42°01'52'E 470A ' L24 S60°32'00'E 329,00' L25 S68°24'11'E 188,49' I INF TAR[ F LINE BEARING DISTANCE L26 S64°59'53'E 92,96' L27 S61034'03'E 460,83' L28 S52'05'27'E 199,577- L29 S47°42'48'E 97,39' L30 S46°37'08'E 66,58' L31 S22°59'59'W 76.09' L32 S22059'10'W 25,15' L33 S54"45'31'E .43.24' L34 S11030'08'W 4712' L35 S19°04'45'W 105.75' L36 S22°46'49'W 96,34' L37 S27°45'19'W 108.67' L38 S27'10'39'W 100.48' L39 S24°32'25'W 144.05' L40 S22°40'35'W 58,54' L41 N66°00'53'W 184,40' L42 S17°38'16'W 137,72' L43 S20°13'50'E 287,13' L44 S18*01'57'W 105.40' L45 N72°39'10'W 5,00' L46 S18°52'26'W 98,68' L47 S25°52'26'W 221.36' L48 S80054'13'W 64,08' L49 N14°51'35'E 324 59' L50 N72"39'10'W NOTES: 1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT WAS TAKEN FROM METES AND BOUNDS DESCRIPTIONS MADE BY JOHN W. VEATCH, L.S. AND RECORDED IN DEED BOOK 406 AT PAGES 633 THROUGH 635. NO FIELD RUN BOUNDARY SURVEY OF THE LAND SHOWN HEREON WAS MADE OR IMPLIED, LINE BEARING DISTANCE L51 N18"01'57'E 344,33' L52 N20°34'02'E 101.05' L53 N22040'35'E 57.64' L54 N24°32'25'E 143.28' L55 N27010'39'E 99.16' L56 N27°45'19'E 110,24' L57 N22°46'49'E 99.46' L58 N19°04'45'E 109,71' L59 N11030'08'E 32,15' L60 S54°45'31'E 333.75' L61 S66008'36'E 156,26' L62 S06023'32'E 77,78' L63 S89°54'57'E 136,13' L64 N36°30'09'E 28,38' L65 S51629'14'E 108,83' L66 N73017'57'E 72,41' L67 S61011'12'E 243,51' L68 S02°51'56'E 55.21' L69 N80°52'18'W 15,57' L70 N76014'19'W 424,33' L71 N63'23'41'W 274.52' L72 N77°10'06'W 373,68' L73 N26°56'29'W 54,18' s,00' PLAT SHOWING THE LAND OF PATRICK A. MCT ERNAN THOMAS A. MCTIERNAN DEED BOOK 406 PAGE 631 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA FEBRUARY 20, 2002 SCALE: 1 "=500' DRAWING: 3830 SHEET 2 OF 2 0 • 0 0 M..fi[ ... n1..A n..xma.. m..�. wxwxwx x-wxxxxxxxxxxxxxwxxwxx x'xxxxxxx xit #1108 PHYLLIS L. MCTIERNAN x T0: DEED OF GIFT w PATRICK A. MCTIERNAN, ET AL w +Mit. l+tiFjtxJtxit.tti'xx. it+tR .__... eock 400) :.u, 631 THIS DEED OF GIFT, made and dated this 9th day of April, 1973, by and between Phyllis L. McTiernan, Widow, party of the first part hereinafter called the Grantor, and Patrick A. McTiernan and Thomas M. McTiernan, parties of the second part hereinafter called the Grantees. WITNESSETH: That for and in consideration of the mutual love and affection that the parties hereto have for each other, the Grantor does hereby grant and convey unto the Grantees, jointly, in fee simple, as tenants in common, all of the following described realty, to -wit: Parcel One: All of that certain tract or parcel of land lying and being situate about 3' miles East of Winchester on the North side of the Winchester and Berryville Turnpike, and containing approxi- mately 176 acres, and being the same tract of land that was conveyed to Patrick J. McTiernan by deed of Henry J. Brawley and wife dated January 16, 1933, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 165, Page 179. Parcel Two: All of those -two certain tracts or parcels of land described as being on the North banks of Red Bud Road adjoining Parcel One aforesaid, containing 5 acres and 23 square poles, more or less, according to a survey made by Walker Mc. C Bond, Surveyor, and attached to that certain deed from Harry C. Miller and wife to J. Patrick McTiernan and Phyllis McTiernan dated March 15, 1944, and of record in the said Clerk's Office in Deed Book 189, Page 84, the said J. Patrick McTiernan having died June 19, 1959 and Phyllis McTiernan, being one and the same person as Phyllis L. McTiernan, Widow. From said conveyance has been conveyed certain con - 11 ' veyances to Virginia Department of Highways along Route 7, Route 660, Route 661 and Route 656. 6 Cry 105 .,l r32 That said land has now been surveyed by John W. Veatch of Trico Associates, Inc., and the plat and description to said land is attached hereto and made a part hereof for more particular description of the land herein conveyed, consisting of Parcel A on said plat of 123.5227 acres and Parcel B of 34.1603 acres for a total of 157.68 acres. The Grantor covenants that she has a right to convey the within described property; that the Grantees shall have quiet possession of said land, free from all encumbrances; That the Grantor has done no act to encumber said land, and that she will execute such further assurances of title as may be requisite. WITNESS the following signature and seal: S4Phyllis L. McTiernan STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: I, ��n.,uc� �:., a�,L a Notary Public in G� and for the State and County aforesAid, do hereby certify that Phyllis L. McTiernan, whose name is signed to the foregoing deed bearing date the 9th day of April, 1973, has acknowledged the same before me in my State and County aforesaid. Given under my hand this /G day of April, 1973. My commission expires i Notary Public SMARR ruc�m[c. nc[im I - 2 - i �yW �'Jck . Y{Ri'N A ; i"DCP;CK CDU?JTY, ECT. Tn.1 •ns:r�m�a• o: writmC was produced to m0 on the_„„_ -_•r, -doy of and wisp 11r661c to o' acknow:cd„mont thorcto ann xed was admit'” W ,eta, d. I l sock 406 ?ACE 635 Engineers. 111un ners-Surveyors �1 ' Legal Description of Parcel B - Portion of land conveyed to Thomas M. and Patrick A. Mc Tiernan by will dated August 10, 1956, and recorded in will book 63, page 335 among land records of Frederick County, Virginia. Said land conveyed to Patrick J. Mc Tiernan by the following deeds; January 16, 1933, deed book 165, page 179 and March 15, 1944, deed book 199, page 84. Beginning at a concrete monument at the Intersection of the northern right-of-way line of State Route 7 and the eastern right-of-way line of Route 660; Thence running with the eastern right-of-way line of Route 660, N 14° 51' 35" E 324.59' to a point; thence N 72' 39' 10" W 5.00' to a point; thence N 18° 01' 57" E 344.33' to .a point; thence N 20' 34' 02" E 101.05' to a point; thence N 22° 40' 35" E 57.64' to a point; thence N 24" 32' 25" E 143.28' to a point; thence N 271 10' 39" E 99.16' to a point; thence N 27° 45' 19" E 110.24' to a point; thence N 220 46' 49" E 99.46' to a point; thence N 190 04' 45" E 109.71' to a point; thence N 11° 30' 08" E 32.15' to the center -line of Red Bud Run. Thence leaving the right-of-way of Route 660 and running generally with the center line of the Red Bud Run, the following 9 courses S 54° 45' 31" E 333.75' to a point; thence S 660 08' 36" E 156.26 to a point; then S 06° 23' 32" E 77,78' to a point; thence S 890 54' 57" E 136.13' to a point; thence N 360 30' 09" E 28.38' to a point; thence S 51° 29' 14" E 108.83' to a point; thence N 73° 17' 57" E 72.41' to a point; thence S 61° 11' 12" E 243.51' to a point; thence S 02° 51' 56" E 55.21' to a point. Said point located by me- asuring S 240 05' 08" E 40.63' from a 40 inch Sycamore tree; then leaving with the lands of William Alexander and Shirley Trussel, S 170 28' 43" W 1217.35' to an iron pin in the northern right-of-way line of State Route 7; thence N 80° 52' 18" W 15.57' to a concrete monument; thence N 76° 14' 19" W 424.33' to a concrete monument; thence N 630 23' 41" W 274.52' to a concrete monument; thence N 770 10' 06" W 373.68' to a concrete monument; thence N 26° 56; 24" W 54.19 to the point of beginning containing 34.1603 acres. �yW �'Jck . Y{Ri'N A ; i"DCP;CK CDU?JTY, ECT. Tn.1 •ns:r�m�a• o: writmC was produced to m0 on the_„„_ -_•r, -doy of and wisp 11r661c to o' acknow:cd„mont thorcto ann xed was admit'” W ,eta, d. I 0 0 BOCK 406 iACE 633 i:a;0 .LS tiOG.S ::�ti. 4Y(;O:::hUiuL:::J Engineers-Munners.Surveyors 41, Legal Description of Parcel A- Portion of land conveyed to Thomas M. and Patrick A. Mc Tiernan by will dated August 10, 1956 and recorded in will book 63, page 335 among land records of Frederick County, Virginia. Said land conveyed to Patrick J. Me Tiernan by the following deeds; January 16, 1933, deed book 165; page 179 and March 15, 1944, deed book 199, page 84. Beginning at concrete monument at Intersection of North right-of-way line of State Route 7 and the Western right-of-way line of Route 660. Thence N 250 52' 26" E 221.36' running along the Western right -of -gray line of Route 660; thence N 18" 52' 26" E 98.68' to a point; thence S 720 39' 10" E 5.00' to a point; thence N 180 01' 57" E 105.40' to an iron pin corner to Patrick NeTiernan's lot. Thence running with Mc Tiernan N 20° 13'. 50" W 287.13' to an iron pin; thence N 17" 38' 16" E 137.72' to an iron pin; thence 660 00' 53" W 184.40' to an iron pin corner to Patrick NcTiernan's lot in Western right-of-way line of Route 660. Thence continuing with Western right-of-way line of Route 660 the following seven courses: N 220 40' 35" E 58.54' to a point; thence N 240 32' 25" E 144.05' to a point.; thence N 27' 10' 39" E 100.48' to a point N 270 45' 19" E 108.67' to a point; thence N 22° 46' 49" E 96.34' to a point; thence N 19° 04' 45" E 105.75' to a point; thence N 110 30' 08" E 47.12' to a point -in the center line of Red Bud Run. Thence with the center line of Red Bud Run N 540 45' 31" W 43.24' to a point; thence ]e awing center line of Red Bud Run N 220 59' 10" E 25.15' to a walnut tree; thence N 220 59' 59" E 76:09' to an iron pin in southern right-of-way line of Route 661; thence running with southern right-of-way of Route 661 the following five courses: N 46° 37' 08" W 66.58' to a point; thence N 470 42' 48" W 97.39' to a point; thence N 520 05' 27" W 199.57' to a point; thence N 619 34' 03" W 460.83' to a point; thence N 64' 59' 53" W 92. 96' to a point; thence leaving the right-of-way line of Route 661 and running with the land of Elmer De Haven and .along the center line of Old Factory Road N 68° 24' 11" W 188.49' to an iron pin; thence N 600 32' 00" W 329.00' to an iron pin; thence N 420 01' 52" W 470.19' to an iron pin; thence continuing along center line of Old Factory Road and running with the land off the Council of the House of Jacob N 450 59' 55" W 548.49' to an iron pin corner to Robert Cunningham. Thence running with the land of Robert Cunningham S 470 28' 21" W 139.15' to a point in the oenter line of Red Bud Run; thence I ' * r •COT a ww rMIFT Mµ4 0"Una", V1441HIA 10011 1►00) 107-4011 ,IOnM Wr YFATO", o,L,O, 5W0VA"0 W. W/1. Il. 0 • BOCK 406 FnE 634 Sngbwcrr-➢'lu a u�•rr -5 unoyurr Page 2 running with the _center line of Red Bud Run N 89- 49' 48" W 185.30' to a point; thence leaving the center line of Red Bud Run and run- ning with the eastern right-of-way line of Route 656 S 190 15' 15" W 21.89' to a fence post; thence S 13° 23' 13" W 48.32' to a fence post; thence continuing along the South-eastern right-of-way line of Route 656 the following seven courses: S 870 371. 32" W 165.57' to a point; thence S 870 23' 24" W 77. 74' to a point; thence N 886 49' 57" W 82.45' to a point; thence S 760 20' 54" 1-1 123.97' to a point; thence S 350 18' 55" W 68.26' to a point; thence S 240 15' 59" Id 119.08' to a point; thence S 17° 19' 20" E 150.00' to an iron pin; thence continuing along the eastern right-of-way line of Route 656 S 24° 34' 59" W 555.11' to an iron pin; thence leaving the right- of-way line of Route 656 and running with the following lots: Myrtle Newlin, Simon Newlin, and Lewis Atkins S 25051' 27" W 774.511 to a concrete monument; thence S 250 38' 28" W 38.82' to a concrete monu- ment in the Northern right-of-way line of Route 7; thence continuing with the northern right-of-way line of Route 7 with a curve to the left with an are of 431.36' and a radius of 3744.72' to a concrete monument; thence continuing with the northern right-of-way line of Route 7 the following eight courses: S 66° 25' 12" E 723.17' to a con- crete monument; thence S 760 08' 23" E 101.10' to a concrete monument; thence S 560 13' 33" E 101.92' to a concrete monument thence S 610 35' 31" E 295.24' to a concrete monument; thence S 690 04' 36" E 400.23' to a concrete monument; thence S 65° 02' 19" E 450.44' to a point; thence N 800 54' 13" E 64,08' to the point of beginning containing 123.5227 acres. 0 »mt wcsr A.gLu $TILCCT /A6►0 C"YAO", VIAOIMIA 00p10 (Poq 017-4046 ,IO"0I W. WIG", 0.40, 96WAft0 W, GVn, rl. TAX -TICKET T A Xf- - R E C E I PT - YEAR 2 0 0 1 it:uuzlo uwvl ccFREDE. K COUNTY FREDE. ..K COUNTY (-ViCket crate 7/26/2001 C. WILLIAM ORNDOFF, JR 5/24/2001 Register: LMM/LM P.O. BOX 225 Trans. #: 10834 Dept # RE200101 WINCHESTER VA 22604 ACCT# 15803 2001 REAL ESTATE TAXES WINCHESTER VA 22604 Previous 121.18 ACRES 55 A 107 Balance $ 97.94 Acres: 121.18 1.33 ACRE 55 A 105 Principal Being Paid $ 97.94 Land: 29110 Imp: 3000 Penalty $ 9.79 Interest $ 1.80 MCTIERNAN, PATRICK A. Land: 28300 Amount Paid $ 109.53 Penalty $ .00 *Balance Due 169 WOODS MILL RD Interest $ as of 7/26/2001$ .00 STEPHENSON, VA. Amount Paid $ 329.40 22656 2038 Check 110.42 # SFIN 162 Pd by MCTIERNAN, PATRICK A. 169 WOODS MILL RD ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A_" R E C E I P T - Y E A R 2 0 0 1 Ticket C #:00215770001 @@ FRET, -CK COUNTY Date 7/26/2001 C. WILLIAM ORNDOFF, JR Pd by Register: LMM/LM P.O. BOX 225 Trans. #: 10833 INCLUDE PENALTY AND INTEREST. Dept # RE200101 WINCHESTER VA 2.2604 ACCT# 15802 2001 REAL ESTATE TAXES Previous 34.16 ACRES 55 A 106 Balance $ 12.28 Acres:. 34.16 Principal Being Paid $ 12.28 Land: 4024 Imp: 0 Penalty $ 1.23 Interest $ .23 MCTIERNAN, PATRICK A. Amount Paid $ 13.74 *Balance Due 169 WOODS MILL RD as of 7/26/2001$ .00 STEPHENSON, VA. 22656 2038 Check 13.85 # SFIN 161 Pd by MCTIERNAN, PATRICK A. ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 1 f- 'icket #:00215760001 @@ FREDE. ..K COUNTY ( .jate 5/24/2001 C. WILLIAM ORNDOFF, JR Register: CWO/ P.O. BOX 225 Trans. #: 01312 Dept # RE200101 WINCHESTER VA 22604 ACCT# 15801 2001 REAL ESTATE TAXES Previous 1.33 ACRE 55 A 105 Balance $ 329.40 Acres: 1.33 Principal Being Paid $ 329.40 Land: 28300 Imp: 79700 Penalty $ .00 Interest $ .00 MCTIERNAN, PATRICK A. Amount Paid $ 329.40 *Balance Due 169 WOODS MILL RD as of 5/24/2001$ .00 STEPHENSON, VA. 22656 2038 Check 329.40 # TRANSAM VAR Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) I� APPENDIX A Traffic Impact Analysis of Red Bud Run Located in Frederick County, Virginia prepared for: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Winchester, Virginia 22601 prepared by: Patton Harris Rust & Associates, pc @Igineers. Surveyors. Planners Landscape T 703Architects- RA 14532 Fgiatl 703r KV Virginia 20151-1679 T .449.6700 F 703.449.6713 May 1. 2002 OVERVIEW Rcport Summary This study considers the traffic impacts associated with the proposed Red Bud Run development to be located along Woods Mill Road, north of Route 7, in Frederick County, Virginia. The proposed development is to include 300 single family detached residential units Patton Han -is Rust & Associates, pc (PHR+A) has complete traffic analyses for existing, 2007 background and 2007 build -out traffic conditions. Access to the site will be provided via a proposed "East-West Internal Coiuiector" that will extend from west of Morgan :Dill Road to east of Woods Mill Road. This will coincide with the disjointing of the Morgan Mill Road/Route 7 intersection. All trips are to be rerouted to Woods Mill Road via the proposed East-West Internal Connector. METHODOLOGY The traffic impacts accompanying the proposed Red Bud Run development were obtained through a sequence of activities as the narratives that follow document: • Calculation of trip generation for Red Bud Run. • Assessment of background traffic including other planned projects in the area of impact, • Distribution and assignment of Red Bud Run generated trips onto the completed road network, • Analysis of capacity and level of service with the newest version of the highway capacity software, HCS -2000 (Version 4.1b), for future buiId-out conditions. EXISTING CONDITIONS PHR+A conducted automatic "tube counts" and manual peak hour traffic counts at the key locations within the Red Bud Run study area. Figure 1 shows the existing (2002) ADT and AM and PM peak hour traffic volumes along key roadways/intersections within the study area. Figure 2 illustrates the respective existing lane geometry and AM and PM peal-, hour Ievels of service. All traffic count data and HCS -2000 levels of service worksheets are included in the Appendix section of this report. Traffic Impact Analysis of Red Bud Run R—A May I, 2002 PPH Page t 11 Figure 1 Existing Traffic Conditions 05-01-02 Ct -CJ/ F.cq F-4 r -r s by 0 o 0 SITE •• •`_ i^�rr�rrrr t j SITE 1 j Route 7 SEE AM Peak Hour (PM Pea]: Hour) BELOW Levels of service LevCts of Service EB/Left = B(A) bevels of Service M1A/Thru = C(E) SB/Left = B(A) SB/Thru = C(C) I Levels of service EB/Left = A(A) ` r SB/Left = A(A) — — — Existing Lane Geometry and Level of Service OS -01-Q2 P-6 2007 BACKGROUND CONDITIONS PHR+A grew the existing traffic volumes along Route 7 and Woods %4111 Road, respectively, using an historic growth rate of 2.5% per year (compounded annually). AM 3 shoes the 2007 background ADT and Aand Plbl peak hour traffic volumes along key roadways./intersections within the geometry stud .area. Fi ure 4 show 2007 background lane y � g s the respective g tr} and ztM and PM peak hour levels of service. All HCS - 2000 level of service worksheets are included in the Appendix section of this report. TRIP GENERATION The total number of trips produced by and attracted to the Red Bud Run site were established using the 6'h Edition of ITE's Tri Gellerat=on R fRorj. Table 1 provides a summary of the results. Code Land Use Zed Bud Rum 210 Single -Family Detached Table l Red Bud Run Trip Generation Summary AM Peak Hour Amount In Out Total 300 units 55 165 219 Total 55 165 219 TRIP DISTRIBliTION AND TRIP ASSIGNMENT PM Peak hour In Out Total ADT 185 104 289 3,000 185 104 289 3,000 The distribution of trips was based upon local travel patterns for the road network - surrounding the proposed site. Figure 5 represents the trip distribution percentages into and out of the Red Bud Run development. Figure b shows the respective ADT and A..M. and P - M_ peak hour trip assignments along key roadways/intersections within the study area. 2007 BUILD -OUT CONDITIONS The Red Bud Run assigned trips (Figure 6) were added to the 2007 background traffic (Figure 3) to obtain 2007 build -out conditions. Figure 7 provides the 2007 build- out ADT and A.M_ and P.M. peak hour traffic along key roadways/intersections within the study area. Figure 8 shows the corresponding 2007 build -out Iane geometry and AM and PM peak hour levels of service. All HCS -2000 level of service worksheets are included in the Appendix section of this report. PITraffic Impact AnalPA--ysis of Red Bud Run May 11. 2002 Page 4 )chooj Access O 0.� •� "%L 85(127) G C � � o 4mm 0(0) sun (0)0 �► o 0 0 '�oco (0)0 PH Figure 3 East-West -� -- Intemal SITE Route 7 it (154)142 ..f (689)1515 mm* 6 im'e" axe MAN Ti•:�t'kN1 • U 1; M 8 U M. • 2005 Background Traffic Conditions 05-01-02 " (0)0 .■,i (69)118••�, SITE 00 .� � 00 N V7 N i- %-54(148) %.54(148) 1.693(1125) (154)142 ..f (689)1515 mm* 6 im'e" axe MAN Ti•:�t'kN1 • U 1; M 8 U M. • 2005 Background Traffic Conditions 05-01-02 llnsi.unalized Intersection :2 School i10' ,I rccesse �� (A)A i1� I NV A(A)* Fast -West Intemai Connector SITE ,1 e IUnsignalized �g intersection *(A)A .r H � SITE r � I E Route 7 SEE A V Peak Ilour (PVI Peak Hum) BELOW * Denotes critical unsianalized movement F, -i u re 4 2005 Background Lane Geometry and Level of Service L f—p:vl Figure 5 Trip Distribution Percentages .b tci C cd �� Schon. 16(10) Access � 0 (1s)s --► East-West , tcmal Coruie— ct SITE Route 7 3 (54)16...JP -04 %.0(0) 4+4(2) *40m 34(22) MUI 'A SITE 'x.33(111) v�r.age, Daik, Traffic. —_ F Figure 6 Development -Generated Trip Assignments OS -O]-02 School -v x 85(127) 4—m16(10) i r 0(0) 0 c7oc In West Connectors SITE Route 7 (140)230—% 'x,..0(0) 4--4(2) ,x'34(22) N SITE (208)158 (689)1515 �•► %-86(259) 0.693(1125) AM Peak Hour (PM Peak Hour) Figure 7 2007 Build -out Traffic Conditions 05-01-02 -a c Unsignalized Intersection o � SCI,00I 44%Z A(A)* ccess *(A)A `101p Q Cqj o �o 0 0 L nsignalized East -`rest Intersection � ternal Connector c ,� SITE *(A)A 11 � SITE V Routc 7 SEE AM Peak Hour (PM Peak Hour) BELOW * Denotes critical unsignalized moverncnt Levels of Service '�— FR/Left = B(A) Levels or service EB Approach = C(C) W B Approach = c(C) SB Approach = C(C) Overall = C(C) — f — ••-►— — Jp Rnutfistund Levels o SB/Left — B(A) Figure 8 2007 Build -out Lane Geometry and Level of Service 05-01-02 CONCLUSION The traffic impacts associated with the proposed Red R,,d nrrn development are acceptable and manageable. All intersections maintain acceptable levels of service "C" or better for 2007 build -out conditions. No traffic mitigation measures will be required for this development. PH PA, - Traffic Impact Analysis of Red Bud Rtun May 1, 2002 Page I 1