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03-13 Madison Village - Shawnee RA to RP 46.26A RA to B2 acres - Backfile
REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List J Fe Sign Deposit Deed Plat/Survey Taxes Paid Statement_ File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: C` Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers i l 1 3 Approval (or denial) letter mailed to applicant/copy to rile and ce's )aI 1-3 Sys ID # Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended 'RECEIPT RECEIVED FROM ADD 7 ESS DATE . 1-2 2 o I .1") � NO. 855664 k-, G-nr, c! ,J, It 12- 9 r ir I $ 0 6,11! VaLa 4 ACCOUNT HOW PAID-- 3V- --ZMT. OF ACCOUNT CASH AMT. PAID CHECK BALANCE MONEY DUE ORDER BY "q @2001 P19-FOr,". @ 8L818 RECEIPT DATE t2- 1 NO. 855630 RECEIVED FROM Al DRESS 11R a r\r.► �lCi-� ►z'=1 FY ✓�1 cc 2 U FOR S ► k i Lk 0 r1 a 0/1 (� b ACCOUNT HOW PAID AMT. OF CASH ACCOUNT AT. '-C' CHECK ID 1 - BALANCE MONEY DUE ORDER BY,-k CI'--( - 02001 dMW 0 §,Lft ocINDICATE NO TAMPERING OR COPY BRANCH BANKING AND TRUST COMPANY PAINTER - LEWIS, P.L.C. WINCHESTER, VA 22601 817 CEDAR CREEK GRADE 68-426/514 SUITE #120 WINCHESTER, VA 22601 PHONE (540) 662-5792 n PAY TO THE r 1'V,. ORDER OF ' `�C'�,7WV'� (VVV"' 1, 94242 DOLLARS z F 1 Vol 90 DAYS MEMO "� `� 1�' �� { ---- ------------- 11009424211' 1:051401, 2601:5137224137110 NOTES RECEIPT DATE -CQI No. 855640 RECEIVED FROM 1' aU 11 (" 4 (" L " ADDRESS "� 1����� nr C L 6rCIC S& ' h� i10 1N � FOR ACCOUNT HOW PAID AMT. OF ACCOUNT CASH PAID / V CHECK BALANCE MONEY DUE ORDER f�'0T-E '&� I A -4 180 V\rc ,A-tOs-1-n - n O rrlsf'uha. A rj i A LY`1 V► H A ci'1 1'I. c n i 11tu-i :t (,.tOP BYOul.°' r2ecl fl+� ©2001 ►t_EPT—atm a 8L818 10 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 December 17, 2013 Mr. John Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 RE: REZONING M03-13 MADISON VILLAGE PINS: 64-A-18 Dear Jolln: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 11, 2013. The above -referenced application was approved to rezone 51.26 acres from RA (Rural Area) District to 46.26 acres of RP (Residential Performance) District and to 5 acres of B2 (General Business) District with proffers. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. The proffer statement, originally dated April 22, 2013, with final revision date of December 11, 2013, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of oNvnership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Director MTR/pd Attachment cc: Gene Fisher, Supervisor Shawnee District Lawrence Anlbrogi and I-1. Paige Manuel, Shawnee District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Conllnissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Madison II, LLC, 558 Bennys Beach Road, Front Royal, VA 22630 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 December 17, 2013 Mr. John Lewis Painter -Lewis, P.L.C. 817 Ccdar Creek Gradc, Suite 120 Winchester, VA 22601 RE: REZONING #03-13 MADISON VILLAGE PINS: 64-A-18 Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 11, 2013. The above -referenced application was approved to rezone 51.26 acres From RA (Rural Area) District to 46.26 acres of RP (Residential Performance) District and to 5 acres of B2 (General Business) District with proffers. The property is located on the west side of Route 522, appro\imatcly 1,000 feet south of the intersection of Route 522 and Airport Road. The proffer statement, originally dated April 22, 2013, will, Final revision date of Deccil,ber 11, 2013, that was approved as a part of this rezoning application is Unique to the above rcfcrcnce(l properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Cleric of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval ofthis rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Director MTR/pd f Attachment t/ cc: Gene Fisher, Supervisor Shawnee District Lawrence Anlbrogi and 1-1. Paige Manuel, Shawnec District Planning Commissioncrs Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Madison 11, LLC, 558 Bennys Beach Road, Front Royal, VA 22630 REZONING APPLICATION #03-13 Madison Village Staff Report for the Board of Supervisors Prepared: December 2, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Planning Commission: 08/21/13 1 1 /06/ 13 Board of Supervisors: 12/1 1/13 Action Public hearing; Action - tabled 90 days Public Hearing; Approval Pending PROPOSAL: To rezone 51.26 acres from RA (Rural Area) District to 46.26 acres of RP (Residential Performance) District and to 5 acres of B2 (General Business) District with proffers. LOCATION: The property is located on the west side of Route 522, approximately 1,000 feet south Of the intersection of Route 522 and Airport Road. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 12/11/13 BOARD OF SUPERVISORS MEETING: Following a public ]scaring at their November 6, 2013 meeting, the Planning Commission voted unanimously to recommend approval Of the Madison Village Rezoning request, RZ903-13. Previously, the Planning Commission tabled this application for 90 days at their 08/21/13 meeting. This provided the Applicant time to address the items discussed during the Planning Commission meeting, including the extension of the roads to the adjacent properties in a timely manner, and the establishment of a minimum residential density coIsistent with the Comprehensive Plan. It also provided an additional opportunity for the Applicant to meet Nvith the adjacent property owner to come to an agreement over access issues (at the time of the meeting, the Applicant and adjacent property Owner had met On several occasions but had not yet come to an agreement). Tile Applicant revised their proffer statement (dated September 5, 2013) to address the two items identified by staff. More specifically, the Applicant modified their proffer statement to provide for a Illilllilluill I1Umber Of four huIldred twenty (420) residential UllitS; this Would CI1SUre a milllmulll residential density of approximately eight UllitS per acre, and to include triggers for the completion Of the identified public road connections to the west and to the south by the 312°i residential occupancy and the 420"' residential occupancy, respectively. The Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Areas Plan which provide guidance on the future development of the property. Confirmation of the issues identified in the staff report, and any Further issues raised by the Board of Supervisors, should be addressed prior to the decision Of the Board. Rezoning 1103-13 Madison Village December 2, 2013 Page 2 Following the required public hearinfr, a decision ref.lardink, this rezoning application bV the Board of Supervisors would be appropriate. Tlie applicant should be prepared to allegrfatell, address all concerns raised bh the Board of'Super•visors. • 0 Rezoning #03-13 Madison Village December 2. 2013 Page 3 This report is prepared by the Freller ck County Planning Staff to provide inf rmation to the Planning Commission and the Board of'Supernisors to assist them in making a decision on this application. It ni(g also be useful to others interested in this Zoning mutter. Unresolved issue's coneernning this application are noted bi, stuff where relevant throughout this stuff report. Reviewed Planning Commission: 08/21/13 1 1 /06/ 13 Board of Supervisors: 12/1 1/13 Action Public hearing; Action - tabled 90 clays Public Hearing; Approval Pending PROPOSAL: To rezone 51.26 acres fi•om RA (Rural Area) District to 46.26 acres of RP (Residential Performance) District and to 5 acres of B2 (General Business) District with proffers. LOCATION: The property is on the west side of route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-18 PROPERTY ZONING: RA (Rural Arca) PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Vacant (Russell 150) Soutli: RP (Residential Performance) Use: Residential/Vacant East RP (Residential Performance) Use: Residential B2 (Business General) Vacant West: RA (Rural Area) Use: Vacant/Agricultural Rezoning 1103-13 Iviadison Village December 2, 2013 Page 4 REVIENV EVALUATIONS: Vira.inia Dept. of Transportation: Please see attached comments. Fire and Rescue: Plan approved. Public NVorks Department: Indicate the location of the existing overhead power lines on the generalized development plan and future MDP. We anticipate that the private development will be served by a private waste hauler. Department of Inspections: N/A Frederick County Sanitation Authority: Per your request, a review of the proposed rezoning has been performed. The Frederick County Sanitation Authority otters comments limited to the anticipated impact/effect upon the Autllority'S public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the anticipated usage, water capacity is presently available. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Conveyance capacity and layout will be contingent on the applicant performing a technical analysis the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional load. Both water and sanitary sewer facilities are located within a reasonable distance from this site. Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed or submitted by the applicant in support of or in conjunction with this application for rezoning, nor does the Authority assume or undertake any responsibility to review or comment Upon any amended proffers and/or conditions which the Applicant may liereafter provide to Frederick County. Service Autlority: No comment Frederick-NVinchester Health Department: N/A Parks S Recreation: Rezoning application appears to contain vcrbage which address the County Development Impact Model. «'inchester Regional Airport: No comments. Frederick County Attorney: Please see atlachecl letter (lale(l May 14, 2013, from Roderick B. Williams, County. .411orney. Frederick CotmO, Public School: Please see (mciche(l letter dale June 28, 2013, from K. Wayne Lee, Jr., LEED GA Planning Department: Upon review of the proposed rezoning, it appears that the proposal does not Significantly impact historic resources and it is not necessary to schedule review of the rezoning 9 • Rezoning /103-13 Madison Village December 2, 2013 Page 5 application by the HRAB. According to the rural Landmarks Survey, there are no significant historic structures located] on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study Of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Planning & Zoning: 1) Site History The property is currently zoned RA (Rural Areas) and has historically been used for agricultural and residential land uses. The original Frederick County Zoning for this property as identified Oil the Winchester Quadrangle is A I (Agricultural general). In 2012, a single five acre lot was subdivided from this parent tract adjacent to Route 522 which contained the existing residential land use. Directly to the north of this site is the Russell 150 property which was rezoned for residential and commercial land uses in 2006. Two smaller B2 (Business General) properties adjoin this site at its proposed entrance to Route 522. These properties, the Shepherd Properties were rezoned at around the same time. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Areas Plan provide guidance on the future development of the property. Appendix I includes the Senseny/Eastern Frederick Urban Areas Plan as an approved Area Plan. The property is located in the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area). The 2030 Comprehensive Plan identifies the general area surrounding this property with a high density residential land use designation. In general, the proposed residential designation for this property is consistent Nvith this residential land use designation of the Comprehensive Plan. The proposed residential density is consistent with the residential densities of the RP section Of the Zoning Ordinance Which was recently updated in implementation of the Comprehensive Plan. In addition, the introduction of a small area of commercial land use provides for a mix of uses in conjunction with each other, also an cicment of the 2030 Comprehensive Plan. The CIP (Capital Improvements Plan), a component Of the Comprehensive Plan, has identified the general area Of this property, along ROLIte 522 SOLIth, as a location for a smaller scale park that would be designed to serve the anticipated additional residents in this area. 0 • Rezoning 1103-13 Madison Village December 2, 2013 Page 6 3) Site Suitability/Environment The property is well suited to future development. It is relatively open, flat land with small areas of slopes and wetlands associated with drainage across the site. The site does contain a pond on the northern property line, close to the entrance road to the site. This pond will be preserved during the development of the site and used as a recreational feature. Access to the site will be directly to Route 522 via a new public street entrance designed for the project. This new public street will contain bicycle and pedestrian accommodations as called for in the 2030 Comprehensive Plan. This public street will be extended to provide access to adjacent properties as the development progresses. It should be satisfied that the extension of the public street network occurs in a timely manner and key connections are made to adjacent properties. 4) Potential Impacts Transportation. The Frederick County Eastern Road Plan recognizes Route 522 as an improved major arterial road. In addition, the Comprehensive Plan recognizes a minor collector road that runs east -west from Route 522 over to future Warrior Drive. Interparecl connections are also a potential as this project develops, in particular, to the properly to the south. Recent traffic volumes on Route 522 in the vicinity of the site showed the average annual daily traffic was 15,220 vehicles per clay. The Applicant's TIA projects traffic on Route 522 to be 26,585 vehicles per clay in 2026. The proposed impacts to Route 522 at the site entrance will be significant. The proposed project will have a single entrance on to Route 522. In order to mitigate the impacts of the project, the Applicant will implement the following improvements; Installation of a traffic signal at tile proposed entrance and right and left turn lanes on Route 522, dual eastbound left turn IaIleS from the project entrance, and a roundabout internal to the project at the commercial area. Tile Applicant's TIA further addresses the traffic impacts of this project. Schools. This development, along with other anticipated developments, will require construction of new schools and support facilities to accommodate Increased StUdellt enrollment. The Applicant Is addressing this impact through their recognition of the County's Development Impact Model values which provides a value for the capital impacts of the proposed development. The Applicant is adch•essing the other capital impacts identified in the development impact model by proffering the appropriate values to mitigate any potential impacts. Rezoning 1/03-13 Madison Village December 2. 2013 Page 7 5) Proffer Statement — Dated April 22, 2013 (Final Revision dated September 5, 2013) A) Generalized Development Plan The applicant has provided a Generalized Development Plan for the propose of identifying the general configuration of the street providing access to and through the project, residential and commercial land use areas, and improvements at the Route 522 entrance. The GDP also shows the location of potential roundabouts internal to the site and bicycle and pedestrian accommodations. B) Land Use The applicants have proffered a limit to the total number of residential units to six hundred forty (640). - The Applicant has modified their proffer statement (dated September 5, 2013) to provide for a minimum number of four hunched twenty, residential units (420). This Would ensure a minimum residential density of approximately eight units per acre. C) Access Management. gent. The applicant has proffered the signalization of the intersection of the site driveway and Route 522. hl addition, the Applicant has proffered five initial transportation improvements and right of way dedication to support the sites access. Bicycle and pedestrian facilities are also proffered internal to the project along the public roads. D) Transportation The Applicant has also proffered to construct the internal road system as shown on the GDP which includes interparcel access and connections to adjacent properties. Proffer 6 a) and b) detail the extension of the public road system to the adjacent properties. - The Applicant has modified their proffer statement (dated September 5, 2013) to include triggers for the completion of the identified public road connections to the Nvest and to the south by the 312"' residential occupancy and the 420"' residential occupancy, respectively. E) Community Facilities The Applicant has proffered a monetary contribution to community facilities to offset the impact of the residential development. The amount per single family detached, attaclied, and multifamily dwelling unit is consistent with the County's Development Impact Model values for 2013. The Applicant has proposed an alternative payment program for the multifamily units which is generally acceptable to the County Attorney and Staff. The Applicant has also included a provision for a reduced contribution in the case of any age restricted components of this development, proffer 10. 0 Rezoning 1/03-13 Madison Village December 2, 2013 Page 8 STAFF CONCLUSIONS FOR THE 08/21/13 PLANNING COMMISSION MEETING: Tile Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Senscny/Eastern Frederick Urban Areas Plan which provide guidance on the future development of the property. A couple of elements of the rezoning application have been identified that should be carefully evaluated to ensure that they filly address the impacts associated with this rezoning request. The Planning Commission should pay particular attention to the transportation impacts; in particular the extension Of the roads to the adjacent properties is proffered at the time of the Master Development Plan for the project. Specific commitments as to the timing Of these extensions are not proffered. Also, it is important to recognize that there is 110 minimum limitation placed on the development to ensure the more intensive development of this site. Confirmation Of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision Of the Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE 8/21/13 MEETING: Commission members had questions regarding the anticipated impacts On local schools and wilether the project would be developed in phases. It was observed from the TIA that the north -bound, left -turn lane Level of Service would drop to Level D at build out, and the applicant was asked what methods would be used to mitigate this situation. A Commissioner asked what recreational aspect was anticipated in working with the Frederick County Parks & Recreation Department. In addition, an issue was raised regarding the density and the land use designation. In reviewing the GDP and the proffers, a Commissioner observed the documents were fairly generic with residential use and didn't provide the Commission with any assurance the project would be a mix of single-family attached and multi -family. There was concern about the applicant's rational for not designating on the GDP or by proffer that this project would be a mix Of single-family attached and multi -family, So there would be consistency when the MDP is submitted and no question concerning the housing type. An adjoining property owner, Mr. Michael Shepherd came forward to speak enuring the publie comment portion of the hearing. Mr. Shepherd owned two adjoining parcels (PINS 64-A-14 and 64-A-15) which were rezoned to B2 (Business General) by the Board Of Supervisors on April 14, 2004. Mr. Shepherd said he recently learned that Madison, LLC will need to vacate his properties' entrances and exits and grade the front of his property to meet sight distance requirements for VDOT. He said he contacted the applicant for the purpose of arranging a land swap in exchange for his frontage. He also desirecl for the applicant to extend their deceleration lane approximately 100-120 feet for access into his property. Mr. Shepherd said his two parcels are legally separated and he was concernecl his southernmost parcel would be left with no exit. In addition, he said there is a spite strip issue to the south, where his connector road comes in from Rt. 522; he said the applicant has a small portion of land between their road and his southernmost bOUndary which is not significant enough to act as a buffer. Mr. Shepherd would like for the applicant to increase the distance there slightly. Mr. Shepherd said at this time, no agreement on any of these issues has been reached between him and the applicant. • Rezoning 1103-13 Madison Village December 2. 2013 Page 9 Discussion ensued between the Stall. the Commission, and tile applicant's attorney as to whether of riot an agreement between the two landowners should be reached prior to rezoning. The Planning Staff believed the access would be accommodated. The Planning Staff reported the applicant improved their proffer statement to insure those road connections would be done with the first phase of development prior to occupancy, to ensure the access would not only be there for the applicant's project, but also for the two commercial properties as well. The Staff pointed out the public hearing sign had not been posted on the property for a few clays and believed it would be appropriate to postpone a decision until the property could be properly posted to meet legal requirements. Tile Planning Commission voted unanimously to table the rezoning for 90 clays to allow the property to be properly posted with a public hearing sign. (Commissioner Oates abstained from voting; Commissioners Madagan and Marston were absent from the meeting) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/06/13 PLANNNG COMMISSION MEETING: The Planning Commission tabled this application for 90 days at your 08/21/13 meeting. This provided tile Applicant time to address the 1tcI11S discussed d111-ing the Planning Commission meeting, including the extension of the roads to the adjacent properties In a timely manner, and the establishment of a minimum residential density consistent with the Comprehensive Plan. It also provided an additional opportunity for the Applicant to meet with the adjacent property owner to come to an agreement over access issues. Finally, this also allowed the site to be posted again and the public hearing to be adequately noticed. The Applicant revised their proffer statement (dated September 5, 2013) to address the two items identified by staff. More specifically, the Applicant has nlodi ficd their proffer statement to provide for a minimum number of four hundred twenty (420) residential units; this would ensure a minimum residential density of approximately eight units per acre, and to include triggers for the completion of the identified public road connections to the west and to the south by the 312"' residential occupancy and the 420°i residential occupancy, respectively. At the time this report was made, the Applicant and adjacent property owner have not come to an agreement. The Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Scnseny/Eastern Frederick Urban Areas Plan which provide guidance on the future development of the property. Confirmation of the issues identified in the staff report, and any further issues raised by the PlaIlniIlg Commission, should be addressed prior to the decision of the Planning Commission. Follmving the required public hearing, a recommendation rC,1;Jl riling this rezoning application to the Rezoning #03-13 Madison Village December 2, 2013 Page 10 Board of'Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. PLANNING COMMISSION SUNINIARY & ACTION OFTHE 11/06/13 MEETING: Mr. John Lewis with Painter -Lewis, P.L.C. and Mr. Benjamin Butler, attorney, were representing this project. Mr. Lewis said they have worked on the four issucS raised by the Planning CO111111iSS1011. The fu-St issue, regarding the minimum density, was resolved by placing the minimum and maximum densities, which are in conformance with the Comprehensive Plan, within the proffer statement. The second issue, the timing of construction of the internal roads, is detailed within the proffers and is lied to the various phases of the project. The third issue, regarding the disappearance of the public hearing sign, has been resolved and the sign has been reposted and IS visible today. The fourth issue, obtaining a grading Casement to faCllllatC the CO11Sll'UCt1011 Of tllCll' Clltl'al1CC fl'0111 Route 522, has not yet been resolved with the adjacent property owner. Mr. Lewis said two draft agreements have been exchanged, but 110 resolution has been arrived at this time. Ile said it was incumbent upon the applicant to reach an agreement in order for this project to move forward. Mr. Lewis requested the Planning Commission forward a favorable recommendation to the Board of'Supervisors on this application in its current state. Mr. Michael Shepherd, the owner of the two 132-zoned lots adjacent to the Madison Village project, to the south and west, said no final agreement has been reached regarding the access and easements. He had tiled a site plan for his properties prior to the last public hearing and he was prepared to move forward with his plan. Mr. Shepherd was not opposed to the Madison Village project as a practical matter; however, he said the outstanding issue is how the road could go in without grading casements and his buildings so close to the edge of his properly. The Chairman commented the original application had a number ofdiflercnl tA)cs of residential Units and asked if that same variety was present ill tills revised submittal. Staf f repllcd the Illllllllllllll 1lL1mber of residential units has been established in the proffer at 420 and the maximum at 640; all housing types arc represented. There were no citizen continents. Commission members discussed whether approval of the rezoning should be contingent on an agreement being reached between the applicant and the adjoining property owner. I'1'olll the Plalllllllg CO1111111SS1011's Obligation ]Il terms of the application materials and the proffers, they believed the General Development Plan provided the locations where those access points should be provided to ensure there is intercomicctivity; however, it was incumbent on the two property owners to work out a mutually -agreeable arrangement to facilitate that. They believed this was a private element and the Commission and staffhad done what it can do and should do to ensure the framework is there. It was also recognized this rezoning application was in compliance with the Comprehensive Plan and Frederick County Codes. The Planning Commission voted Ullal111nOUSly t0 recommend approval. (Note: Commissioner Oates abstained from voting; Commissioners DUillap, Kenney, and Madagan were absent from the sleeting.) Rezoning 1103-13 Madison Village December 2, 2013 Page 1 1 EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 12/11/13 BOARD OF SUPERVISORS MEETING: Following a public hearing at their November 6, 2013 meeting, the Planning Commission voted unanimously to recommend approval of the Madison Village Rezoning request, RZ#03-13. Previously, the Planning Commission tabled this application for 90 days at their 08/21/13 meeting. This provided the Applicant time to address the items d1SCUSSed d111-i1lg the Planning Commission electing, including the extension of the roads to the adjacent properties in a timely manner, and the establlshmeIlt of a millllllum residential density consistent with the Comprehensive Plan. It also provided an additional 01)1)01-tllllity for the Applicant to meet with the adjacent property owner to collie to all agreement over access issues (at the time of the meeting, the Applicant and adjacent property owner had met on several occasions but had not yet come to an agreement). The Applicant revised their proffer statement (dated September 5, 2013) to address the two items identified by staff. More specifically, the Applicant modified their proffer statement to provide for a minimum number of four hundred twenty (420) residential units; this would ensure a minimum residential density of approximately eight units per acre, and to include triggers for the completion of the identified public road connections to the west and to the south by the 312°i residential occupancy and the 420°i residential occupancy, respectively. The Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Areas Plan which provide guidance on the filture development of the property. Confirmation of the issues identified in the staff report, and any further issues raised by the Board of Supervisors, should be addressed prior to the decision of the Board. Followink the required public hearing,, a decision regarding this rezonin,- application by the Board of Sllpei-i,iSO/'s wo[/ld be l/pprOpi, ate. Tlie apphCClJit should be pl'G'parBd t0 adequately address all Concerns raised by the Board of Supervisors. RE RESTON PPLACE 522( • PLACE Subdivision A D CUMM Ar ClAin O Z m O � tKl y CJIJ EFi rr .. •�� •XC:� �f13 � (:.15 REZ63-13 flt13 cm (�CJm J - r* (lJ '�' . M04 + LONCCROFTRD Mac c3n Ili t - t2fl6 I CHAPE Subdi a � BENTLEY nr A. Winchester ;, c Applications t? I Parcels JErf °°°ao Building Footprints CDC B1 (Business. Neighborhood District) cRO B2 (Business, General District) B3 Industrial Transition District) ��•' `� '4 ® (Business. EM (Extractive Manufacturing District) M r .{wAY.aS` V CCL 11, HE (Higher Education District) weaTwaGawosT°"eoR Mt (Industrial Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) REZ ## 03 - 13 Note: Frederick County Dept of Madison Village Planning x Development PINS: 107 N Kent 51 64 - A - 18 Suite 202 e RA to RP (46.26 Ac.) Winchester, VA 22601 RA to B2 (5 Ac.) 540 - 665 - 5651 Map Created: July 30. 2013 Staff: mruddy n 91? t 495 850 Feet • • Proffer Statement Madison Village Parcel TM#64-A-18 RA TO RP/B2 WITH PROFFERS Rezoning #: Property: PARCEL ID: 64-A-18 Area: 51.26 acres Recorded Owner: Madison Farms, LLC Applicant: Madison Il, LLC 558 Bennys Beach Road Front Royal, Virginia 22630 Project Name Magisterial District: Original Date of Proffers: Revision Date Madison Village TM#64-A-18 Shawnee Magisterial District April 22, 2013 July 12, 2013 September 5, 2013 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 1201007 0 0 (rg 0 CT 2 2 2013 GIJUNTY pt 0 PROFFER STATEMENT Madison Farms, LLC-TM#64-A-18 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 # for the rezoning of parcel TM# 64-A-18 from RA to RP/132 with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owner proffers to develop the property in general conformance with the Generalized Development Plan (GDP) dated 7/2/13, identified as "Generalized Development Plan TM #64-A-18, 51.26 Acres" and which is attached to the proffer statement, for the purpose of identifying the proposed zoning changes to the parcel, the general location and form of the parcel access, and improvements to Route 522. Approximately five acres will be rezoned to B2, Business General District, and approximately 46.26 acres will be rezoned to RP, Residential Performance District. Attached to the proffer statement is - a "Plat of Rezoning" dated July 1, 2013 which delineates the proposed zoning areas. 2.) Residential Density The owner proffers to limit the maximum number of residential units to six hundred forty (640). The owner proffers to limit the minimum number of residential units to four hundred twenty (420). 3.) Right of Way Dedication The owner proffers to dedicate a ten foot strip of land along the frontage of Parcel TM# 64-A-18 to the Virginia Department of Transportation for the purpose of facilitating future improvements to Route 522. This dedication will occur prior to the issuance of any occupancy permit for the property. 4.) Initial Transportation Improvements The owner proffers to dedicate the necessary land for road improvements and to construct the internal road system as generally shown on the GDP. Implementation of certain of these improvements as approved by VDOT and Frederick County will be completed prior to the issuance of any occupancy permit for the property. These improvements will include: a) The design and construction of a right turn lane southbound on Route 522 into the parcel; page 2 PROFFER STATEMENT Madison Farms, LLC-TM#64-A-18 b) The design of one northbound left turn lane on Route 522 into the parcel; c) The design and construction of a full movement public street entrance into the property including one west bound lane, two eastbound left turn lanes, one east bound right turn lane, and bicycle/pedestrian facilities; d) The design and construction of a roundabout at the western limits of the commercial area unless it is determined by the Virginia Department of Transportation that an alternate intersection design is required. e) The design and construction of a public street to the northern limits of the parcel to allow connection to Parcel TM#64-A-12 as generally shown on the GDP. 5.) Interparcel Access The owner agrees to provide the necessary ingress and egress easements to allow vehicle access for the benefit of Parcel TM#64-A-14 and Parcel TM#64-A-15, to and from the public roads described in Items 4.c and 4.e above subject to approval by the Virginia Department of Transportation. 6.) Other Transportation Improvements a.) A public road will be extended to the western limits of the parcel to allow future connection to Parcel TM#64-A-124 as generally shown on the GDP. The road will include the design and construction of a roundabout at the intersection of the proposed roads unless it is determined by the Virginia Department of Transportation that an alternate intersection design is required. Construction of this road will be completed before the three hundred twelfth (312"') residential unit receives an occupancy permit. b.) A public road will be extended to the southern limits of the parcel to allow future connection to Parcel TM#64-A-21 as generally shown on the GDP. Construction of this road will be completed before the four hundred twentieth (420th) residential unit receives an occupancy permit. 7.) Route 522 Traffic Signal In the event that the Virginia Department of Transportation notifies the owner that a warrant study is required at the intersection of Route 522 and the access to the parcel, the owner hereby proffers to complete said warrant study within three months of the notification. If, after reviewing the warrant study, the Virginia Department of Transportation notifies the owner that a traffic signal is warranted at the intersection of Route 522 and the access to the parcel, the owner hereby proffers to undertake and complete the design and construction of the traffic signal within one year of the signal warrant notification. 8.) Bicycle/Pedestrian Facilities The owner proffers to install bicycle and pedestrian facilities generally along the proposed public road routes and as part of the construction of said roads. Construction details and phasing will be submitted as part of a Master Development Plan for the project. page 3 • 0 PROFFER STATEMENT Madison Farms, LLC-TM#64-A-18 9.) Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $19,600 per single family detached dwelling unit and $13,062 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasure of Frederick County, Virginia the amount of $11,339 per apartment unit in accordance with the following: Payment of the amount determined will be made prior to the time of the issuance of the Certificate of Occupancy for each apartment building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. 10.) Age -Restricted Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $2,869 per single family detached dwelling unit and $2,181 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasure of Frederick County, Virginia the amount of $2,187 per apartment unit in accordance with the following: Payment of the amount determined will be made at the time of the issuance of the Certificate of Occupancy for each apartment building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. 11.) Property Owners Association The residential development will be made subject to a Property Owners Association (POA) that shall be responsible for the ownership and maintenance of all property areas not privately owned or dedicated to public agencies. The POA shall be provided other responsibilities, duties, and powers as are necessary and customary for such associations. In addition to other responsibilities as assigned, the POA shall be responsible for solid waste disposal programs and the maintenance of streets, parking areas, buffer areas, recreational features, lighting and landscaping. page 4 • 0 PROFFER STATEMENT Madison Farms, LLC-TM#64-A-18 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 grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. City/County of t' , Commonwealth Of Virginia. The foregoing instrumen was acknowledged before me this �� day of �: = �— , 201 • Notary Public Notary Registration number: My commission expires: • My Commission Expiros Seplemb& 301 Mi6 page 5 Ll • 74=V14l; I1: Ic- ,IJJw[N♦INIs 7%b* AV f'\'►rr , (Fill:: ' ate:' -'. `� .. ' _ 1'. •,' .h e`•C, �- ri v -• �• �"(� Nay •,- , � We'srwood Dr ' . t � � J•'{.' ' AMENDMENT Action: PLANNING COMMISSION: November 6, 2013 - Recommended Approval BOARD OF SUPERVISORS: December 11, 2013 I APPROVED I I DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-13 OF MADISON VILLAGE WHEREAS, Rezoning #03-13 of Madison Village, submitted by Painter -Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of B2 (General Business) District with proffers dated April 22, 2013 and last revised on September 5, 2013 was considered. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. The property is further identified with P.I.N. 64-A-18 in the Shawnee Magisterial District WHEREAS, the Planning Commission held a public meeting oil this rezoning oil ALlgUst 21, 2013 and a public hearing on November 6, 2013; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 11, 2013; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of B2 (General Business) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #00-13 0 This ordinance shall be in effect on the date of acloptloll. Passed this 1 I th clay of December, 2013 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Robert W. Wells Gene E. Fisher Charles S. Del-laven, Jr. Christopher E. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes #00-13 i� • May 14, 2013 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us VIA E-MAIL — office a,painterlewis.com — AND REGULAR MAIL Jolm C. Lewis, P.E. Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: Rezoning Application — Madison Farms, LLC property, Parcel Number 64-A-18, consisting of 51.2± acres — Proffer Statement dated April 22, 2013 Dear John: You have submitted to Frederick County for review the above -referenced proposed proffer statement (the "Proffer Statement") for the proposed rezoning of the indicated property (the "Property") in the Shawnee Magisterial District from the RA (Rural Areas) District to the RP (Residential Performance) District (part), subject to proffers, and to the B2 (General Business) District (part), subject to proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: The rezoning generally, Proffer 1, and the Generalized Development Plan — With the owner now proposing a split zoning of the Property, part to be RP and part to be B2, the County will need an actual metes and bounds delineation of the respective proposed zoning areas, as part of the application for this rezoning. This is the only means to ensure sufficient definiteness as to any rezoning action that may be approved. 2. Proffer 2 — Staff will want to confirm that the proposed RP part of the Property is capable of being developed with as many as 640 residential units, after giving consideration to, among other things, density requirements, open space requirements, and Infrastructure needs. Also, to the extent that the Property cannot accommodate 640 residential units, consistent with the Zoning Ordinance and any other applicable C� limitations, the owner should be aware that a proffer statement can in no way operate 107 North Kcnt Street • Winchester, Virginia 22601 John C. Lewis, P.EO May 14, 2013 Page 2 • to override ordinance limitations by, for example, allowing any greater number of residential units. 3. Proffer 3 — The proffer might better state that the dedication will occur prior to issuance of any occupancy permit for the Property. 4. Proffer 4 — For clarity, the proffer might also state that the owner will dedicate the necessary land for the road improvements, in particular with respect to those abutting Route 522 and/or in the vicinity of the site entrance intersection. Also, the proffer might better state that the improvements will be completed prior to issuance of any occupancy permit for the Property. 5. Proffer 4c — For clarity, the proffer might better indicate that the improvements will be located at the intersection of the development access with Route 522. 6. Last paragraph, second line — "In the even" should be "In the event". I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Plamiing Commission. Sincerel "ours, Roderick B. Wi-"tian s County Attorney cc: Michael Ruddy, AICP, Deputy Director of Planning and Development (via e-mail) C� • • �Fredericic `� to e;istnr_ K. Wayne Lee, Jr. LEED GA June 28, 2013 Mr. John Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Re: Madison Village Rezoning Dear John: • County Public Schools �;II .u,cl%�nts ��,� r�xcr.�llt�nt ecluc��iic,,-, Coordinator of Planning and Development • leew@frederick.kl2.va.us Frederick County Public Schools has reviewed the Madison Village rezoning application submitted to us on May 7, 2013. We offer the following comments: The cumulative impact of this development and other developments in Frederick County Will require construction of new schools and support facilities to accommodate increased student enrollment. Based on the proposed 12.5 unit per acre maximum gross density, the maximum densities allowed for single-family attached units and multifamily units, and the maximum proposed number of units of 640, we estimate that there will be a maximum of 384 townliomes and 256 apartments in this development. These units will house 187 students: 50 high school students, 45 middle school students, and 92 elementary school students. In order to properly serve these additional students, Frederick County Public Schools would spend $1,952,000 more per year in operating costs (or $3,050 per unit per year) and $7,168,000 in one-time capital expenditures (or $11,200 per unit). You will find, enclosed with this letter, a more detailed assessment of the estimated impact of Madison Village on FOPS, including attendance zone inforlmation. Please feel free to contact me at leew@f-cderick.k 12.va.us or 540-662-3888 x88249 if you have any questions or comments. Sincerely, K. Wayne Lee, Jr., LEED GA Coordinator of Planning and Development enclosure cc: Dr. David Sovine, Superintendent of Schools Mr. Albert Orndorff, Assistant Superintendent f0i- Administration Mr. John Grubbs, Transportation Director 1415 Amherst Street P.O. Box 3508 Winchester, Virginia 22604-2546 vA-Av.frederick.k 12.va.us 540-662-3889 Ext. 88249 540-662-4237fax Project Name: Assessment Date: Frederick County Public Schools Development Assessment Madison Village Rezoning June 28, 2013 Student Generation Elementary School Student Housing Type Housing Units Generation Single -Family Detached 0 0 Single -Family Attached 384 61 Multifamily 256 31 Mobile Home/Other 0 0 Totals 640 92 School Cost Program Capacity Per Student Cost Students Generated by this Development This Development's Impact on FCPS Capital Costs Capital Costs Middle School High School Student Student Total Student Generation Generation Generation 0 0 0 32 36 129 13 14 58 0 0 0 45 50 187 Elementary Middle School High School School Cost Cost Cost (2013-18 CIP) (2013-18 CIP) (2013-18 CIP) $23,475,000 $38,930,000 $64,140,000 850 850 1,250 $27,618 $45,800 $51,312 92 45 50 $2,541,000 $2,061,000 $2,566,000 Total Capital Costs 57,168,000 is 0 i' • 0' Annual Operational Costs FY 2013 Budgeted Cost Total Student Annual Per Student Generation Impact This Development's Impact on FCPS Operational Costs $10,437 187 S1,952,000 School Facilitv Information Elementary School (Grades Middle School High School K-5) (Grades 6-8) (Grades 9-12) 2012-13 School Attendance Zone* Evendale Admiral Byrd Millbrook September 28, 2012 Student Enrollment 446 955 1.231 2012-13 Program Capacity 662 850 1,250 - School Attendance Zones are subject to change. is • REZONUsIG APPI_,ICATION FORM FRCDERICK COUNTY, VIRGINIA 'o be completed by Planning Slaj . 0 Fee Amount Paid I; �. 1D 0 ,011illg A111CI1(h11CI1t NUniber Date Received A�4 'C Hearing Date 9) ? I 4 BOS Hearing Date The fbllowhig information shall be provided by the applicant: All parcel identification numbers, cleed book and page numbel:s may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent S(rcet, Winchester, 1. Applicant: Name: Madison II, LLC Address: _558 Bennys Beach Road _Front Royal, VA 22630 2. Properly Owner (if different than Above) Nanlc: Address: 3. Contact person if other than above John Lewis Name: 540-723-9869 Telephone: _-- Telephone: 540-662-5792 Telephone: 4. Checklist: Check the following items that have been included with this application. Location map _ X _ Agency Comments X _ Plat X Pees X _ Deed to property X _ Impact Analysis Statement _X _ Verification of taxes paid X _ Proffer Statement _X _ 10 0 0 � 10 :�. 1,he 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: none Agricultural -RA 6. A) Current Use of the Property: Residential Performance -RP B) Proposed Use of the Property: Business General District-B2 7. Adjoining Property: PARCEL 11) NUIM13FR USE ZONING SEE ATTACHED R. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using 1'Oad 11a111CS 111d 1'OLttC 11L1111bcrs): The property is located on the west side of Route 522, approximately 1000 feet south of the intersection of Route 522 and Airport Road. 0 0 • • 9. The imioNving information should be provided according to the type of' rezoning proposed Single Family homes: Noll -Residential Lots' Number of Units -Proposed Townholllc: 160 Multi-Family:480 ivtobilc Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing:----- --- Restaurallt: Warehouse: Other: 10. Signature: I (\ve), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend tile Zoning ordinance and to challf?c the Zoning lllap or Frederick County, Virginia. I (we) authorize Frederick County officials to enter the Property Cor site inspection purposes. I (Nve) understand that the sign issued when this applicali011 is submitted must be placed at the front property line at least seven Clays prior to the Planning Commission public llcar1ng and the Board oCSupervisors' 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 acconlpallyillg materials are true and accurate to the best oCnly (our) lW'Wled,ve, Applicant(s): Owncr(s): 12 Date: 13 Date: Date: Date: Adjoining Property Owner, Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of SUI)CINiSOI'S 111CC6119S. i'01' the I)LIrpOSC Of' this application, adjoining property is any property abutting tltc requested property on the side of re�u• or ally property directly across a public right-of-way, a private right-of-way, 01' a watercourse from the requested property. The applicant 1S 1'egllll'Cd t0 obtain lI1C fOIlOwlllg IIlI'Ol'll1a11011 01] each ad, loilling property iticludinc the pal'CCI idCiltlfiCat1011 n11111bff which may be Obtained from the Office of the Commissioner Of Revenue. The (.omnn.ssi.oner 0j the Revenue is located on the 2nd floor o the Frederick Courtly Al hninislralive Bitildirig, 107 North Kent Street. Name and Property Identification Number Address Niel„c EFG Investments, LLC 340 W. Parkins Mill Road Winchester, VA 22602 64-A-123A, 63-A-124 Name R 150 SPE, LLC 621 E. Pratt Street, Suite 600 Baltimore, MD 21202 Property, =' 64-A-12 Na„lc DuBrueler Enterprises, LLC 1686 S. Pleasant Valley Road Winchester, VA 22601 Property ?? 64-A-21 -- y.1111c Thomas Beatley 1014 Front Royal Pike Winchester, VA 22602 Property ; 64-A-18A Main, Cleveland Michael Turner 201 Vine Lane Winchester, VA 22602 Property?? 64D-A-3 Jesse Willard Riley, Jr. 980 Front Royal Pike Winchester, VA 22602 Property ff 64-A-17 Na111c Michael D. Hockman 910 Front Royal Pike Winchester, VA 22602 Property ,; 64-A-16 N,a111e Janet A. Embrey Gillespie, 961 Front Royal Pike Winchester, VA 22602 Property R 64C-2-4, 64C-2-5 N,11,,c Dona Lee Dewitt, Trustee 949 Front Royal Pike Winchester, VA 22602 Property , 64C-2-6 14 • • 0 Ol Name and Property Identification Number I Address Name Junxuah Zh.ou.Guliani 937 Front Royal ,Winchester, VA 22602 Property #64*2-7 Name Robert E..:&.JudyC. Wallace 9,29- Front Royal Pike Winchester, VA 22602 Property I/ 64C-2-8... Nmm Michael D. Hockman 910 Front Royal Pike Winchester, VA 22602 Property # 64-A-1 6 Howard F. Sharp, Jr. 921 Front Royal Pike Winchester, VA 22602 Property 11 64C-A- 16 Name MOntie Gibson, Jr. 2508 Wilson Boulevard Winchester, VA 22601 Property # 64C-A- 1 3A Name Michael S. & Cheryl Shepard 179 George Drive Winchester, VA 22602 Property 11 64-A-1 5, 64-A-1 4 Name Property # Name Property Name Property # Name Property # Name Property /I Name Property 11 Name Property It Name Property 11 16 0 • • REZONING APPLICATION Madison Property - TM #64-A-18 7. Adjacent Property PARCEL ID NUMBER USE ZONING OWNER 63-A-123A vacant RA EFG Investments, LLC 64-A-12 vacant RA R 150 SPE LLC 63-A-124 vacant RA EFG Investments, LLC 64-A-21 vacant RA Dubrueler Enterprises, LLC 64-A-18A residential RA Thomas Beatle 64D-A-3 residential RP Cleveland Michael Turner 64-A-17 residential RA Jesse Willard Riley Jr 64-A-16 residential RA Michael D. Hockman 64C-2-4 vacant RP Janet A. Embrey Gillespie, Trustee 64C-2-5 residential RP Janet A. Embrey Gillespie, Trustee 64C-2-6 residential RP Dons Lee Dewitt, Trustee 64C-2-7 residential RP Junxuan Zhou Guiliani 64C-2-8 residential RP Robert E. & Judy C. Wallace 64-A-16 residential RA Michael D. Hockman 64C-A-16 residential RP Howard F. Sharp, Jr 64C-A-13A vacant RP Montie Gibson, Jr 64-A-15 vacant B2 Michael S. & Cheryl Shephard 64-A-14 Ivacant B2 Michael S. & Cheryl Shephard OIL, 0 AD Special Limited Poivet• of Attot-ney; County of l+i•edcHelc, Vit-ginia Frederick Planning; Wel) Site: \\ \\_}ti,� n.1'rec[cricl_ v_I,us Department of Planning &DevelopmeIt, County of Fredcl'ick, Virginia, 107 North Kent Street, Suite 202 N'Vinches(er, Virginia 22601 Facsimile 540-665-6395 Phone 5,10-665-5651 Know All Men By Those Present: That I (\Ve) (Nalllc) Madison II, LLC (I'lloilc) 540-723-9869 (Address) 558 Bennys Beach Road, Front Royal, VA 22630 the owners) of all those tracts or parcels of land ("Property") conveyed to me (us), by (teed recorded ill the Clerk's Office of the Circuit Court of'the County of Frederick, Virginia, by Instrument No. 130007746 Oil Page 0140 , and is described as Parcel: Lot: 1 lock: Section: Subdivision: do hereby make, constitute and appOillt: 540-662-5792 Painter -Lewis, P.L.C. (Name) (Phone) __-- (Address) 817 Cedar Creek Grade, Suite 120, Winchester, VA 7'o act as my true and lawful attorney -in -fact for and ill my (our) name, place, and stead with full po\vcr and authority I (\vc) would have if acting pcl'sollillly to life planning applications for Illy (our) above described Property, including: X RC7.011111g (II1CIl(d111g l)1'Ot'1'CI'S) _ Conditional Use Permit Master Development Plan (Preliminary an(1 Final) _ Subdivision _ Site Plan Variance or Appeal Comprehensive Policy Plan Amendment IM), attorney -in -fact shall have the authority to offer proffered conditions and to nlalce amendments to previously approved proffered conditions except as follows: This authorization shall expire one year front the clay it is signed, or until it is otherwise rescinded or modified. eh Z „y� , Ill witness thereof, I ) h 'c ere my of land and seal this clay of �0\dWEqtTy, S ignaturc(s) _ USG\gZC� q Aq ES: State Of Vii'glllia, City/COUIlt'y O"_ w���� 3 _, To -wit: CO 3MI2oP\3 I (LIL�J BOG- ►�� --- a Notary Public in and �th�••jUcr'S ic�r��\\��• Siolled tile lent and llstsl acknowledged ledgedlle tlle)same before)me in the jurisdiction �tfolcsaic[lthis 112 claylo}f1Jl f)) �N Nl y Commission l x } 1 Notary Public Revised 3/17/08 iLLI TM#64-A-12 I J 4e PUBLIC ROAD CONNECTION I \, �, \ Lu D <� > LLI *4d ROUNDABOUT o� % \\�, / p Q U Wit- 5 ACCESS TO PARCEL(S) p -j � Q *-„.�,r,�-•�r TM#64-A-15 W N a RIGHT TURN LANE TNl — I— _ I Q 4c STREET ENTRANCE .:� ' RESIDENTIAL ._, Li 7 TRAFFI C SIGNAL SIG � :, COMMERCIAL // �•,. 4 EF b T TURN, LANE L I I ;: _ •:• 3 RIGHT OF WAY DEDI�,AT � .• ■ SON ; 'RESIDE; O ! 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' s :� ' 7 ` �1 3 o gOBIKE/PED FACILITIES ��:•': f R GH r Rt. 785 1 u• RESIDENTIAL — '� —Lr lt, 00 o 0 0 0 0 6b TM#64-A-20 — ❑ a 0 �UBLIC ROAD --- — — i CONNECTIO I I C a I I �- o a. o 'Q O n — co n u co (N ,' 3 —� I q0 I I I b ' - L Q N N o - Q z co — c `a uj ;o J uj w PdN M y . L) 'If c: o L« garok rood �� 1 = 'E Oo� �ic,JF Q� ... Z QQ U N u •0 W Z v o U� r,�w n ao J W �w Z � ow SURVEY: C.I.: FREDCO NA DRAWN BY: JOB NO.: P—L 1201007 300 0 300 SCALE: DATE: SHOWN 7/2/13 Scale in Feet SHEET: / AMENDMENT TO PROFFERS MADISON VILLAGE PARCEL TM#64-A-18 The following amendments are proposed to the proffers heretofore made by the Owner: I. Section 4 of the proffers would be amended to add the following statement at the beginning of the paragraph: "Owner must obtain adequate access to publit--i,"ds as approved by VDOT for the rezoned parcel." I1. There will be added to Section 11, Property Owners Association, the following pro ffer: The Owner agrees to fund the POA in a sum of Five Thousand Dollars ($5,000.00) in order to facilitate the POA's operating costs upon the transfer of control of the POA from the Developer to the third party property owners. �� � 5 15 T �- �� r� ��✓ rr% wt� yz �-f ' �-ct,� w a 5 (,{n�'oG�,U, ce.d c�� -i'�R. 1�05 ✓�� ter" IZI r r'l� `� CA P rt�rvl L"j, +tv, � AA0J C(c- -6 ou�u �/w 4-o pyje--- E: 2013 New Files\2013-0029 Madison Village\Amendment to Proffers • AMENDMENT TO PROFFERS MADISON VILLAGE PARCEL TM#64-A-18 The following amendments are proposed to the proffers heretofore made by the Owner: I. Section 4 of the proffers would be amended to add the following statement at the beginning of the paragraph: "Owner must obtain adequate access to publie-reftds as approved by VDOT for the rezoned parcel." II. There will be added to Section 11, Property Owners Association, the following proffer: The Owner agrees to fund the POA in a sum of Five Thousand Dollars ($5,000.00) in order to facilitate the POA's operating costs upon the transfer of control of the POA from the Developer to the third party property owners. ��'1 � 5 15 _ice- �� r��P,✓ � �-�-qQ `��� w a 5 ,,�-►'or,(,+ti cad c�.�-I�,t.. I�US rv.�e� w�q 1zl „ ��,� 5a dos �� r��� ftAk rt�r" �y w t I ►� �"` S ✓t/l0� C�c G G� Y� T�' T A 31al� vllvu�� . — 141)- /1-3 E: 2013 New Files\2013-0029 Madison Village\Amendment to Proffers Proffer Statement Madison Village Parcel TM#64-A-18 RA TO RP/132 WITH PROFFERS Rezoning #: Property: Area: Recorded Owner Applicant: Project Name: Magisterial District: Original Date of Proffers: Revision Date: PARCEL ID: 64-A-18 51.26 acres Madison Farms, LLC Madison II, LLC 558 Bennys Beach Road Front Royal, Virginia 22630 Madison Village TM#64-A-18 Shawnee Magisterial District April 22, 2013 July 12, 2013 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 1201007 E r • PROFFER STATENST Madison Farms, LLC-TM#64-A-18 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 # for the rezoning of parcel TM# 64-A-18 from RA to RP/B2 with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owner proffers to develop the property in general conformance with the Generalized Development Plan (GDP) dated 4/9/13, identified as "Generalized Development Plan TM #64-A-18, 51.26 Acres" and which is attached to the proffer statement, for the purpose of identifying the proposed zoning changes to the parcel, the general location and form of the parcel access, and improvements to Route 522. Approximately five acres will be rezoned to B2, Business General District, and . approximately 46.26 acres will be rezoned to RP, Residential Performance District. Attached to the proffer statement is a "Plat of Rezoning" dated July 1, 2013 which delineates the proposed zoning areas. 2.) Residential Density The owner proffers to limit the total number of residential units to six hundred forty (640). 3.) Right of Way Dedication The owner proffers to dedicate a ten foot strip of land along the frontage of Parcel TM# 64-A-18 to the Virginia Department of Transportation for the purpose of facilitating future improvements to Route 522. This dedication will occur prior to the issuance of any occupancy permit for the property. 4.) Initial Transportation Improvements The owner proffers to dedicate the necessary land for road improvements and to construct the internal road system as generally shown on the GDP. Implementation of certain of these improvements as approved by VDOT and Frederick County will be completed prior to the issuance of any occupancy permit for the property. These improvements will include: a) The design and construction of a right turn lane southbound on Route 522 into the parcel; • b) The design of one northbound left turn lane on Route 522 into the parcel; page 2 PROFFER STATEST Madison Farms, LLC-TM#64-A-18 • c) The design and construction of a full movement public street entrance into the property including one west bound lane, two eastbound left turn lanes, one east bound right turn lane, and bicycle/pedestrian facilities; d) The design and construction of a roundabout at the western limits of the commercial area unless it is determined by the Virginia Department of Transportation that an alternate intersection design is required. e) The design and construction of a public street to the northern limits of the parcel to allow connection to Parcel TM#64-A-12 as generally shown on the GDP. 5.) Interparcel Access The owner agrees to provide the necessary ingress and egress easements to allow vehicle access for the benefit of Parcel TM#64-A-14 and Parcel TM#64-A-15, to and from the public roads described in Items 4.c and 4.e above subject to approval by the Virginia Department of Transportation. 6.) Other Transportation Improvements a.) A public road will be extended to the western limits of the parcel to allow future connection to Parcel TM#64-A-124 as generally shown on the GDP. The road will include the design and construction of a roundabout at the intersection of the proposed roads unless it is determined by the Virginia Department of Transportation that an alternate intersection design is required. Construction details and phasing will be submitted as part of a Master Development Plan for the project. • b.) A public road will be extended to the southern limits of the parcel to allow future connection to Parcel TM#64-A-21 as generally shown on the GDP. Construction details and phasing will be submitted as part of a Master Development Plan for the project. 0 7.) Route 522 Traffic Signal In the event that the Virginia Department of Transportation notifies the owner that a warrant study is required at the intersection of Route 522 and the access to the parcel, the owner hereby proffers to complete said warrant study within three months of the notification. If, after reviewing the warrant study, the Virginia Department of Transportation notifies the owner that a traffic signal is warranted at the intersection of Route 522 and the access to the parcel, the owner hereby proffers to undertake and complete the design and construction of the traffic signal within one year of the signal warrant notification. 8.) Bicycle/Pedestrian Facilities The owner proffers to install bicycle and pedestrian facilities generally along the proposed public road routes and as part of the construction of said roads. Construction details and phasing will be submitted as part of a Master Development Plan for the project. page 3 . PROFFER STATPENT Madison Farms, LLC-TM#64-A-18 • 9.) Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $19,600 per single family detached dwelling unit and $13,062 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasure of Frederick County, Virginia the amounts determined by the then current Frederick County Impact Model for each of the Respective Phases of the Project. Payment of the amount determined will be made prior to the time of the issuance of the Certificate of Occupancy for each building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. 10.) Age -Restricted Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $2,869 per single family detached dwelling unit and $2,181 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasure of Frederick County, • Virginia the amounts determined by the then current Frederick County Impact Model less the school impact amount for each of the Respective Phases of the Project. Payment of the amount determined will be made at the time of the issuance of the Certificate of Occupancy for each building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. .7 11.) Property Owners Association The residential development will be made subject to a Property Owners Association (POA) that shall be responsible for the ownership and maintenance of all property areas not privately owned or dedicated to public agencies. The POA shall be provided other responsibilities, duties, and powers as are necessary and customary for such associations. In addition to other responsibilities as assigned, the POA shall be responsible for solid waste disposal programs and the maintenance of streets, parking areas, buffer areas, recreational features, lighting and landscaping. page 4 2 3 2013 ni • • • PROFFER STATENST • Madison Farms, LLC-TM#64-A-18 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 grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: On Bdhaff,6f Madisorf II City/County of 1—CC CtP f-iCK, , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this I Z�h day of JU.l\ 201 MAais���''% 4NotaPublic �•�\`\\\E 40 _• _ v;G0 _ : RE�ISf 9a9 Q Notary Registration number: 3 �1 I 311949 My � mm,EPIKES: 3 My commission expires: �� 3i - . �''�i0TARYIPv0��```� n U page 5 0 r� PROFFER STATEMENT Madison Farms, LLC-TM#64-A-18 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 # for the rezoning of parcel TM# 64-A-18 from RA to RP/132 with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owner proffers to develop the property in general conformance with the Generalized Development Plan (GDP) dated 4/9/13, identified as "Generalized Development Plan TM #64-A-18, 51.26 Acres" and which is attached to the proffer statement, for the purpose of identifying the proposed zoning changes to the parcel, the general location and form of the parcel access, and improvements to Route 522. Approximately five acres will be rezoned to B2, Business General District, and 'approximately 46.26 acres will be rezoned to RP, Residential Performance District. Attached to the proffer statement is a "Plat of Rezoning" dated July 1, 2013 which delineates the proposed zoning areas. 2.) Residential Density The owner proffers to limit the maximum number of residential units to six hundred forty (640). The owner proffers to limit the minimum number of residential units to four hundred twenty (420). 3.) Right of Way Dedication The owner proffers to dedicate a ten foot strip of land along the frontage of Parcel TM# 64-A-18 to the Virginia Department of Transportation for the purpose of facilitating future improvements to Route 522. This dedication will occur prior to the issuance of any occupancy permit for the property. 4.) Initial Transportation Improvements The owner proffers to dedicate the necessary land for road improvements and to construct the internal road system as generally shown on the GDP. Implementation of certain of these improvements as approved by VDOT and Frederick County will be completed prior to the issuance of any occupancy permit for the property. These improvements will include: a) The design and construction of a right turn lane southbound on Route 522 into the parcel; page 2 0Cf 2. 2 201 'It A REZONING APPLICATION 403-13 Madison Village Staff Report for the Planning Commission Prepared: October 21, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Dli'ect01' Reviewed Planning Commission: 08/21/13 11 /06/ 13 Board of Supervisors: 12/1 1/13 ActioIl Public hearing; Action - tabled 90 days Pending (Public hearing necessary) Pending PROPOSAL: To rezone 51.26 acres from RA (Rural Area) District to 46.26 acres of RP (Residential Performance) District and to 5 acres of B2 (General Business) District with proffers. LOCATION: The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/06/13 PLANNNG COMMISSION MEETING: The Planning Commission tabled this application for 90 days at your 08/21/13 meeting. This provided the Applicant time to addl'ess the ileitis discusScd dL11'111g the Planning Commission meeting, including the extension of the roads to the adjacent pi'OpeI'tles in a timely manllel', and the establishment Of a minilllum i'eSldential density consistent with the Comp1'ehciisive Plan. It also pl'ovldcd all additional opportunity for the Applicant to meet with the adjacent property owner to come to an agreement over access issues. Finally, this also allowed the site to be posted again and the public hearing to be adequately noticed. The Applicant revised their proffer statement (dated September 5, 2013) to address the two items identified by staff. More specifically, the Applicant has modified their proffer statement to provide for a mininlunl number of four hundred twenty (420) residential units; this would ensure a minimum residential density of approximately eight units per acre, aIld to include ti'lggei's f01' the completion Of the identified public road connections to the west and to the south by the 312°i residential occupancy and the 420°i residential occupancy, respectively. At the time this report was made, the Applicant and adjacent property owner have not come to an agreement. The Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Areas Plan which provide guidance on the future development of the property. Confirmation Of the 1SSL1eS identified in the staf f rcl)oi't, aIld any fiu'ther issues raised by the Plal niffil CO111miSSiO11, ShOLlld be addressed p1'ioi' t0 the decision of the Planning Commission. 0 0 Rezoning 1103-13 Madison Village October 21, 2013 Page 2 1`oliowing the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequateIV address all concerns raised GV the Planning Commission. Rezoning 1103-13 Madison Village October 21, 2013 Page 3 This report is prepared Gy the Frederick County Plannhig Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision oil this application. It may also be useful to others interested in this Zoning inatter. Unresolved issltes concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 08/21/13 11 /06/ 13 Board of Supervisors: 12/1 1/13 Action Public hearing; Action - tabled 90 days Pending (Public hearing necessary) Pending PROPOSAL: To rezone 51.26 acres from RA (Rural Area) District to 46.26 acres of RP (Residential Performance) District and to 5 acres of 132 (General Business) District with proffers. LOCATION: The property is on the west side of route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-18 PROPERTY ZONING: RA (Rural Area) PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Vacant (Russell 150) South: RP (Residential Performance) Use: Residential/Vacant Bast RP (Residential Performance) Use: Residential 132 (Business General) Vacant West: RA (Rural Area) Use: Vacant/Agricultural Rezoning 1103-13 Madison Village October 21, 2013 Page 4 REVIEW EVALUATIONS: Vh-14i lia Dept. of Transportation: Please See attached comments. Fire and Rescue: Plan approved. Public Works Department: Indicate the location of the existing Overhead power lines on the generalized development plan and future MDP. We anticipate that the private development will be served by a private waste hauler. Department of Inspections: N/A Frederick County Sanitation Authority: Pei' your request, a review of the proposed rezoning has been performed. The Frederick County Sanitation Authority oflcrs comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the anticipated usage, water capacity is presently available. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Conveyance capacity and layout will be contingent on the applicant performing a technical analysis the existing salutary sewer system within the area to be served and the ability of the existing conveyance system to accept additional load. Both water and sanitary sewer facilities are located within a reasonable distance from this site. Please be aware that the Authority does not review Or comment upon proffers and/or conditions proposed Or submitted by the applicant 111 Sup])O1't Of Or ill C011)llnction with this application for rezoning, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and/or conditions which the Applicant may hereafter provide to Frederick County. Service Authoi-ity: NO comment Frederick -Winchester Health Department: N/A Parks & Recreation: Rezoning application appears to contain verbage which address the County Development Impact Model. Winchester Regional Airport: No comments. Frederick County Attorney: Please see allachecl letter cicllecl Hmj) 14, 2013, from Roclerick B. Willicans, C'ounly. Allon7ey. Frederick County Public School: Please see allacheclleller dale June 28, 2013, from K. Wayne Lee, .h'., LEED GA Planning Department: Upon review of the proposed rezoning, it appears that the proposal does not Significantly impact historic resources and it is not necessary to schedule review of the rezoning • 0 Rezoning 1103-13 Madison Village October 21, 2013 Page 5 application by the I-IRAB. According to the rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study Of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Planning & Zoning: 1) Site History The property is currently zoned RA (Rural Areas) and has historically been used for agricultural and residential land Uses. The original Frederick County Zoning for this property as identified on the Winchester Quadrangle Is AI (Agr1CLIltLlral general). IIl 2012, a single five acre lot was subdivided from this parent tract adjacent to Route 522 which contained the existing residential land use. Directly to the north of this site is the Russell 150 property which was rezoned for residential and commercial land uses in 2006. Two smaller B2 (Business General) properties adjoin this site at its proposed entrance to ROLIte 522. These properties, the Shepherd Properties were rezoned at around the same time. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Areas Plan provide guidance on the future development of the properly. Appendix I includes the Senseny/Eastern Frederick Urban Areas Plan as an approved Area Plan. The property is located in the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area). The 2030 Comprehensive Plan identifies the general area surrounding this property with a high density residential land use designation. In general, the proposed residential designation for this property is consistent with this residential land use designation of the Comprehensive Plan. The proposed residential density is consistent with the residential densities of the RP section of the Zoning Ordinance which was recently Llpdatecl in implementation of the Comprehensive Plan. In addition, the introdllCt1011 o1 a small area o1 cO1I mcrcial land Use provides for a mix Of uses ill COnjUrICtion with each other, also all Clement Of the 2030 Comprehensive Plan. The CIP (Capital Improvements Plan), a component Of the Comprehensive Plan, has identified the general area of this property, along ROLlte 522 SOLlth, as a location for a smaller scale park that would be designed to serve the anticipated additional residents in this area. Rezoning 1103-13 Madison Village October 21, 2013 Page 6 3) Site Suitability/Environment The property is well suited to fUtUrC development. It is relatively open, flat land With small areas of slopes and wetlands associated with drainage across the site. The site does contain a pond On the northern property line, close to the entrance road to the site. This pond will be preserved during the development of the site and used as a recreational feature. Access to the site will be directly to Route 522 via a new public street entrance designed for the project. This neW public street will contain bicycle and pedestrian accommodations as called for in the 2030 Comprehensive Plan. This public street will be extended to provide access to adjacent properties as the development progresses. It S11OL11d be satisfied that the extension of the public street network occurs in a timely manner and key connections are made to adjacent properties. 4) Potential Impacts Transportation. The Frederick County Eastern Road Plan recognizes Route 522 as an improved major arterial road. In addition, the Comprehensive Plan recognizes a minor collector road that rums east -west from Route 522 over to future Warrior Drive. Interparcel connections are also a potential as this project develops, in particular, to the property to the south. Recent traffic volumes on Route 522 in the vicinity of the site showed the average annual daily traffic was 15,220 vehicles per day. The Applicant's TIA projects traffic on Route 522 to be 26,585 vehicles per clay in 2026. The proposed impacts to Route 522 at the Site entrance will be Significant. The proposed project will have a single entrance on to Route 522. In Order to mitigate the impacts Of the project, the Applicant will implement the following improvements; Installation Of a traffic signal at the proposed entrance and right and left turn lanes on Route 522, dual eastbound left turn lanes fi•onl the project entrance, and a roundabout internal to the project at the commercial area. The Applicant's TIA further addresses the traffic impacts of this project. Schools. This development, along with other anticipated developments, Will rcgL11rC CO11StrLICt1O11 Of nCW schools and support facilities to accommodate increased student enrollment. The Applicant is addressing this impact through their recognition of the COLulty's Development Impact Model values which provides a value for the capital impacts of the proposed development. The Applicant is addressing the other capital impacts identified in the development impact model by proffering the appropriate values to mitigate any potential impacts. Rezoning 1103-13 Madison Village October 21, 2013 Page 7 5) Proffer Statement — Dated April 22, 2013 (Final Revision dated September 5, 2013) A) Generalized Development Plan The applicant has provided a Generalized DCVCIOplllelit Plan for the purpose Of identifying the general configuration of the street providing access to and through the project, residential and comi-ilCl'Cial land Use areas, and iillprovemcllts at the ROLIte 522 entrance. The GDP also shows the location Of potential roundabouts internal to the site and bicycle and pedestrian accommodations. B) Land Use 'l he applicants have proffered a limit t0 the total IlLlmbcr 01 1'esldential units to six hundred forty (640). It is important to recognize that there is no inininium limitation pureed on the dei,elopment to ensure the more intensh,e development of this site. - The Applicant has modified their proffer statement (dated September 3, 2013) to provide for a minimum number of four hundred twenty residential units (420). This would ensure a minimum residential density of approximately eight units per acre. C) Access Management._ The applicant has proffered the signalization of the intersection of the site driveway and Route 522. In addition, the Applicant has proffered five initial transportation improvements and riglit of way dedication to support the sites access. Bicycle and pedestrian facilities are also proffered internal to the project along the public roads. D) Transportation The Applicant has also proffered to construct the internal road system as shown on the GDP which includes interparecl access and connections to adjacent properties. Proffer 6 a) and b) detail the extension of the public road system to the adjacent properties. It is important to recognize that the extension of'these roads to the adjacent properties is proffered at the time of the Master Development Plan for the project. Specific commitments as to the tiering of these extensions• are not proffered. - The Applicant has modified their proffer statement (dated September 3, 2013) to include triggers for the completion of the identified public road connections to the west and to the south by the 312"' residential occupancy and the 420t1i residential occupancy, respectively. L) C0111111L111ity Facilities The Applicant has proffered a monetary contribution to con1mL111ity facilities to offset the impact of the residential development. The amount per single family detached, attached, and lllllltllaillily dwelling Ulllt is COnSlStellt With the COL111ty'S Development Impact Model values for 2013. The Applicant has proposed an alternative payment program for the multifamily units wllicli is generally acceptable to the County Attorney 0 • Rezoning 1103-13 Madison Village October 21, 2013 Page 8 and Staff. The Applicant has also included a provision for a reduced contribution in the case of any age restricted components Of this development, proffer 10. STAFF CONCLUSIONS FOR THE 08/21/13 PLANNING COMMISSION MEETING: The Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Scnseny/Eastern Frederick Urban Areas Plan which provide guidance on the future development of the property. A couple of elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this rezoning request. The Planning CO1n1niSSiOn Should pay particular attention to the transportation impacts; in particular the extension Of the roads to the adjacent properties is proffered at the time of the Master Development Plan for the project. Specific commitments as to the timing of these extensions are not proffered. Also, it is important to recognize that there IS no 111ininILUII limitation placed on the development to ensure the more intensive development of this site. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision ofthe Planning Commission. PLANNING COMMISSION SUMMARY & ACTION OF THE 8/21/13 MEETING: Commission members had questions regarding the anticipated impacts on local schools and whether the project would be developed in phases. It was observed from the TIA that the north -bound, left -turn lane Level Of Service Would drop to Level D at build out, and the applicant was asked what 111CthodS Would be used to mitigate this situation. A Commissioner asked what recreational aspect was anticipated in Working With the Frederick County Parks & Recreation Department. In addition, an issue was raised regarding the density and the land use designation. In reviewing the GDP and the proffers, a Commissioner observed the documents were fairly gencriC With residential Use and didn't provide the Commission with any assurance the I)I'OjCCt Would be a mix Of single-family attached and InUlti-family. There was concern about the applicant's rational for not designating On the GDP or by proffer that this project Would be a mix of single-family attached and multi-I'arnily, so there Would be consistency when the MDP is submitted and no question concerning the housing type. An adjoining property owner, Mr. Michael Shepherd came forward to speak during the public comment portion of the hearing. Mr. Shepherd owned two adjoining parcels (PINS 64-A-14 and 64-A-15) which were rezoned to B2 (Business General) by the Board of Supervisors on April 14, 2004. Mr. Shepherd said lie recently learned that Madison, LLC Will need to vacate his properties' entrances and exits and grade the front of his property to meet sight distance requirements for VD0T. I-Ie said lie contacted the applicant for the purpose Of arranging a land swap in exchange for his frontage. I-Ie also desired for the applicant to extend their deceleration lane approximately l 00-120 feet for access into his property. Mr. Shepherd said his two parcels are legally separated and he was concerned his southernmost parcel Would be left with no exit. hi addition, lie said there is a spite strip issue to the south, where his connector road conies in from Rt. 522; he said the applicant has a small portion of land between their Rezoning 1103-13 Madison Village October 21, 2013 Page 9 road and his southernmost bOUnclary which Is not significant e11OLlgh to act as a bUffer. Mr. Shepherd would like for the applicant to increase the distance there slightly. Mr. Shepherd said at this time, no agreement on any of these issues has been reached between him and the applicant. Discussion ensued between the staff, the Commission, and the applicant's attorney as to whether or not an agreement between the two lanclownerS Should be reached prior to rezoning. The Planning Staff bellcvcd the access WOUld be acco11 moclatcd. The Planning Staff reported the applicant improved their proffer statement to insure those road connections would be done with the first phase of development prior to occupancy, to ensure the access Would not only be there for the applicant's project, belt also for the two commercial properties as well. The Staff pointed out the public hearing sign had not been posted on the property for a few days and believed it would be appropriate to postpone a decision until the property could be properly posted to meet legal requirements. The Planning Commission voted unanimously to table the rezoning for 90 days to allow the property to be properly posted with a public hearing sign. (Commissioner Oates abstained from voting; Commissioners Maclagan and Marston were absent from the llleeting.) EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/06/13 PLANNNG COMMISSION MEETING: The Planning Commission tabled this application for 90 clays at your 08/21/13 meeting. This provided the ApplicaIt time to address the Ite111S dISCLISSed during the Planning Commission mecting, inClUding the extension of the roads to the adjacent properties in a timely manner, and the establishment Of a minimum residential density coIsistent with the Comprehensive Plan. It also provided in additional opportunity for the Applicant to Meet With the adjacent property owner to come to all agreement Over access issues. Finally, this also alloNved the site to be posted again and the public hearing to be adequately noticed. The Applicant revised their proffer Statement (dated September 5, 2013) to address the two items identified by staff. More specifically, tllc Al)plicallt has IllOdiflecithC11' I)i'Offci- Stateiiieilt to pl'ovlde fol- a 1111111111um number Of fOL11- hundred twenty (420) residential Units; this would enSUre a minimurn residential density of approximately eight units per acre, and to include triggers for the completion of the identified public road connections to the west and to the south by the 312°i residential occupancy and the 420°i residential occupancy, respectively. At the time this report was made, the Applicant and adjacent property owner have not Collie to an agreement. The Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Senseny/I astern Frederick Urban Areas Plan which provide guidance on the future development of the property. 0 0 Rezoning 1103-13 Madison Village October 21, 2013 Page 10 Collflrmatlon of the issues identified in the staff report, and any further issues raised by the Planning Co1111111SStoll, should be addressed prior to the decision of the Planning Commission. Following the required plll)llc hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant shol[ld be prepared to adequately address all concerns raised bli the Planning Commission. REZONING APPLICATION 903-13 Madison Village Staff Report for the Planning Commission Prepared: August 5, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 08/21/13 Pending Board of Supei-visors: 09/1 1/13 Pending PROPOSAL: To rezone 51.26 acres from RA (Rural Area) District to 46.26 acres of RP (Residential Performance) District and to 5 acres of B2 (General Business) District with proffers. LOCATION: The property is located On the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/21/13 PLANNING COMMISSION MEETING: The Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Scnseny/1-7astcrn F'rcdcrick Urban Areas Plan which provide guidance on the future development of the property. A couple Of elements of the rezoning application have been identified that ShOUld be carefully evaluated to ensure that tile), fully address the impacts associated with this rezoning request. The Planning C01I1111ISS1011 ShOUld pay particular attention t0 the transportation impacts; in particular, the extension of the roads to the adjacent properties is proffered at the time of the Master Development Plan for the project. Specific commitments as to the timing of these extensions are not proffered. Also, it is important t0 recognize there is no minimum limitation placed O11 the development to C11SU1'C the 11101-C intensive development of this site. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. rollming the mquired public heaping, a Yecoll mellllation i-egan inn this mzoning application to the Board oFSupervison Ivould be appropriate. The applicant.•Mould be pl•epared to allegllately address all concerns raised hj� the P1anningr? Co1111111.Ssion. • • Rezoning 1103-13 Madison Village August 5, 2013 Page 2 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 llecisioll oil this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff Where relevant throughout this stuff report. Reviewed Action Planning Commission: 08/21/13 Pending Board of Supervisors: 09/11/13 Pending PROPOSAL: To rezone 5126 acres from RA (Rural Area) District to 46.26 acres of RP (Residential Performance) District and to 5 acres of 132 (General Iusiness) District with proffers. LOCATION: The property is on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. MAGISTERIAL DISTRICT: Sliawnee PROPERTY ID NUMBERS: 64-A-18 PROPERTY ZONING: RA (Rural Area) PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Vacant (Russell 150) South: RP (Residential Performance) Use: Residential/Vacant East Rl' (Residential Performance) Use: Residential 132 (Business General) Vacant West: RA (Rural Area) Use: Vacant/Agricultural Rezoning 1103-13 Madison Village August 5, 2013 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see allached e-mail dalecl June 11, 2013,fi•om ALlatl Smith, VDOT and a July 3, 2013 e-mail.Ji•om Tim Slotine to Alfall Smilh, VDO%: Fire and Rescue: Plan approved. Public Works Department: Indicate the location of the existing overhead power lines on the generalized development plan and future MDP. We anticipate that the private development will be served by a private waste hauler. Department of Inspections: N/A Frederick County Sanitation Authority: Per your request, a review of the proposed rezoning has been performed. The Frederick County Sanitation Authority Offers ConlnlCnts limited to the anticipated impact/effect upon the Authority's public water and salutary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based On the anticipated usage, water capacity is presently available. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Conveyance capacity and layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system t0 accept additional load. Both water and sanitary sewer facilities are located within a reasonable distance from this site. Please be aware that the ALlthOrity does not review or comment Upon proffers and/or conditions proposed Or Submitted by the applicant ill SLlppOrt Of Or ill C011JUnctioil with this application Ior rezoning, nor does the Authority assume or undertake any responsibility to review Or co111nlCnt upon any amended proffers and/or Conditions which the Applicant may hereafter provide to Frederick County. Seiwice Authority: No comments. Frederick -Winchester Health Department: N/A Parks S Recreation: Rezoning application appears to contain verbiage which addresses the County Development Impact Model. Winchester Regional Airport: No comments. Frederick Count), Attorney: Please see attached letler clalecl jll1cry 14, 2013, .Ji•om Roclerick B. Williams, Cotmly A11ori7ey. Frederick Countv Public School: Please see altacheclletter elate Juice 28, 2013, from K. YlMap7e Lee, Jr., LEED GA Historic Resources Advisory Board: Upon review of the proposal rezoning, it appears the proposal does not significantly impact historic resources and it is not necessary to schedule review Of the Rezoning I103-13 Madison Village August 5, 2013 Page 4 rezoning application by the I-IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located On the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study Of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Planning & Zoning: 1) Site Histoii, The property is currently zoned RA (Rural Areas) and has historically been used for agricultural and residential land uses. The original Frederick County Zoning for this property as identified on the Winchester Quadrangle is A 1 (Agricultural General). In 2012, a single five -acre lot was SUbdivided from this parent tract adjacent t0 ROLIte 522 which contained the existing residential land use. Directly to the north of this site is the Russell 150 property which was rezoned for residential and commercial land Uses in 2006. Two smaller B2 (Business General) properties adjoin this site at its proposed entrance to ROute 522. 'These properties, the Shepherd Properties, were rezoned at around the same time. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Areas Plan provide guidance on the future development of the property. Appendix I includes the Senseny/Eastern Frederick Urban Areas Plan as an approved Area Plan. The property is located in the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area). The 2030 Comprehensive Plan identifies the general area surrounding this property with a high - density residential land use designation. In general, the proposed residential designation for this property is consistent with this residential land Use designation of the Comprehensive Plan. The proposed residential density is consistent with the residential densities Of the RP section Of the Zoning Ordinance, which was recently updated in implementation of the Comprehensive Plan. In addition, the introduction Of a small area of commercial land Use provides for a mix Of uses in conjunction with each other, also an element Of the 2030 Comprehensive Plan. The CIP (Capital Improvements Plan), a component of the Comprehensive Plan, has identified the general area of this property, along ROLIte 522 SOLIth, as a location for a smaller scale park that would be designed to serve the anticipated additional residents in this area. • 0 Rezoning 03-13 Madison Village August 5, 2013 Page 5 3) Site Suitability/Environment The property is well suited to futlll'e development. It is relatively open, flat land with small areas of slopes and wetlands associated with drainage across the site. The site does contain a pond on the northern property line, close to the entrance road to the site. This pond will be preserved during the development of the site and used as a recreational feature. Access to the site will be directly to Route 522 via a new public street entrance designed for the project. This new public street will contain bicycle and pedestrian accommoclations as called for in the 2030 Comprehensive Plan. This public street will be extended to provide access to adjacent properties as the development progresses. It should be satisfied that the extension of the public street network occurs in a timely manner and key connections are made to adjacent properties. 4) Potential Impacts Transportation. The Frederick County Eastern Road Plan recognizes Route 522 as an improved major arterial road. In addition, the Comprehensive Plan recognizes a minor collector road that 11111S east -west fi-om ROute 522 Over to future Warrior Drive. Interparcel connections are also a potential as this project develops, ail particular, to the property to the south. Recent traffic volumes on Route 522 in the vicinity of the site showed the average annual daily traffic was 15,220 vehicles per day. The Applicant's TIA projects traffic on Route 522 to be 26,585 vehicles per day in 2026. The proposed impacts to Route 522 at the site entrance will be significant. The proposed project will have a single entrance on to Route 522. In order to mitigate the impacts of the project, the Applicant will implement the following improvements: Installation of a traffic signal at the proposed entrance and right and left turn lades on Route 522; dual eastbound left turn lanes front the project entrance; and a roundabout Internal to the protect at the commercial area. The Applicant's TIA further addresses the traffic impacts of this project. Schools. This development, along with other anticipated developments, will require construction Of new schools and support facilities to accommodate increased student enrollment. The Applicant is addressing this impact through their recognition Of the COw1ty's Development Impact Model values which provides a value for the capital impacts of the proposed development. The Applicant is addressing the other capital impacts identified in the cevelopment impact model by proffering the appropriate values to ]Mitigate any potential impacts. Rezoning #03-13 Madison Village August 5, 2013 Page 6 5) Proffer Statement — A) Generalized Development Plan The applicant has providccl a Generalized Dcvclopnient Plan for the purpose of identifying the general configuration of the street providing access to and through the project, Iesidential and commercial land Use areas, and improvements at the Route 522 entrance. The GDP also shows the location of potential rounclaboutS internal to the site and bicycle and pedestrian accommodations. B) Land Use The applicants have proffered a limit to the total number of residential L111itS to S1X hundred forty (640). It is important to recognize there is no minimum limitation placed on the development to ensure the more intensive development of this site. C) Access Management. The applicant has profferccl the signalization of the intersection of the site driveway and Route 522. In addition, the Applicant has proffered five initial transportation improvements and right-of-way cledication to support the site's access. Bicycle and pedestrian facilities are also profferccl internal to the project along the public roads. D) Transportation The Applicant has also proffered to construct the internal road system as shown on the GDP Which includes intcrparcel access and connections to adjacent properties. Proffer 6 a) and b) detail the extension of the public load system to the adjacent properties. It is important to recognize the extension of these Toads to the adjacent properties is proffered at the time of the Master Development Plan for the project. Specific commitments as to the timing of these extensions are not proffered. E) Community facilities The Applicant has proffered a monetary contribution to community facilities to offset the impact of the residential development. The amount per Single family detached, attached, and 111LIltifa111ily CIWCIIIng wiit is consistent with the County's Development Impact Modcl values for 2013. The Applicant has proposed an alternative payment program for the multifamily L1111tS Which IS generally acceptable to the County Attorney and Staff. The Applicant has also included a provision fOl' a 1'CCILICCCI contribution in the case of any age restricted components of this development, proffer 10. 0 • Rezoning 1103-13 Madison Village August 5, 2013 Page 7 STAFF CONCLUSIONS FOR THE 08/21/13 PLANNING COMMISSION MEETING: The Madison Village rezoning application is generally consistent with future land use designations of the 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Areas Plan which provide guidance on the future development of the property. A couple of elements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address the impacts associated with this rezoning request. The Planning Commission should pay particular attention t0 the transportation impacts; In particular the extension Of the roads to the adjacent properties is proffered at the time of the Master DevelopnlCnt Plan for the project. Specific commitments as to the timing of these extensions are not proffered. Also, it is important to recoo nize there is no minimum um limitation placed on the dCVe1011111C11t t0 CIISUre the 11101-C intensive development of this site. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Following- the requh-e'd pnb is hearing;, a recommen(latlon Pefyai-dings this rezonin,-, application to the Board of Supen,isol's wouldbe appi-oplYate. I/le (Ipplicalit sholll(l be pl'epai-ed to a(legllatell, address all concerns raised bl, the Planning Commission. REZONING APPLICAON 0 Madison Property - TM# 64-A-18 '40 7. Proffer Statement 0 • REZONING APPLICAWN Madison Property - TM# 64-A-18 U 6. Impact Analysis Statement 0 0 �. .. - �:-+^�� :ram '`:� .�I • � � r` )` j. �_ _ •. r vim; �,.A1 qww =f' w. F r .. .4; = a 10, 16,2013 .ice � �� _r•ii� • j . it • ,�°x�� � ; �i:_ ♦ r_ �'T .s ` r> .� � _ t * .��.� .'•e r y'� ;� {'� �i "I P49C 14 0 ~~` 016+ "mow • • • Samoa' Sulam �•li J•= J :x � , � ,-•ram � •. 1 K . � � wr max_, Wh2.,O 13 .06.2013 ;:• __� 40 1 . 31 �' ,,` -. •. ' r • yam- r w� lr." . - «x I Ell � • •'jam , t�� . '�`� 1 PUBLIC HEARING t4"A. i "A +: ad s q .: " - ' _ Y� tl ` • 10-30-2013 REZONING APPLICOION Madison Property - TM# 64-A-18 • 2. Location Map 0 REZONING APPLICOON is Madison Property - TM# 64-A-18 3. Special Limited Power of Attorney 0 »1.1 ` I I; I C-M ,1 J J 0 1 of ,1 0 1 ++, IrpbrliRd •� , ;' S :. ', ., ^�, o . .ate,;• � ,. uj I • fw00tlD� REZONING APPLICPION Madison Property - TM# 64-A-18 � Ae Table of Contents Section Contents 9 1. Application, Adjacent Property Owners 2. Location Map 3. Special Limited Power of Attorney 4. Parcel Deeds and Plats 5. Current Taxes Paid Record 6. Impact Analysis Statement 7. Proffer Statement 8. Agency Comments 9. Traffic Impact Analysis 0 REZONING APPLICOION Madison Property - TM# 64-A-18 1. Application, Adjacent Property Owners 0 0 DATE I 0 , �D RECEIVED FRO, A S' W L L ADDRESS FOR ro R4 46 i r:ECEIPT 269273 $ G ACCOUNT HOW,PAID. - BEGINNINC BALANCE CASH ' AMOUNT ��'`�'� bo PAID I CHECK ` i MONEY • ' ORbER• • ©2001 AEDIFORMO S1 G57N-CL - - ----- - - - - - - - - - ------- -----� THE FIRST BANK & TRUST HARRISONBURG, VA MADISON III, LLC 558 BENNY'S BEACH RD. FRONT ROYAL, VA 22630 1144 66-446/ ACHECK�I� 10/6/2020 PAY TO THE County of Frederick Virginia I ** ORDER OF 54,427.20 Fifty -Four Thousand Four Hundred Twenty -Seven and 20/100********************************************************** DOLLA County of Frederick Virginia MEMO 1-I0RIZED SIGNATURE 11100 L L44u' i:0 5 L404454l: 8000 649 7il' MADISON III, LLC 558 BENNY'S BEACH RD. FRONT ROYAL, VA 22630 1145 68-446/514 08 �^ CHEC aAtM�fi 10/6/2020 a C a a C PAY TO THE County of Frederick Virginia I $ **54,427.20 ORDER OF 0 0 Fifty -Four Thousand Four Hundred Twenty -Seven and 20/100 DOLLARS. THE FIRST BANK & TRUST HARRISONBURG, VA County of Frederick Virginia G Y zz/z/ezzMEMO --a m AUTHORIZED SIGNATURE AP O POD L L4Sill i:05I4044641: 8000 649 ?u■ - - --------- 'E 269274 �. y RECEIVED FROM ,� L J. ADDRESS o Rs $ FOR N1XIA 7A� '1 rcx�s ACCOUNT.: HOW PAID" BEGINNING i3 li o' BALANCE CASH 'AMOUNT „� .PAID CHECK 8 E LCDf� t aJ o. MONEY -ORDER.. .BY - � _ - Q2001 R�DIFORMo S1657N-CL 0 Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 12, 2013. The DIM projects that, on average, residential development has a negative fiscal impact on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after July 1, 2013 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $ 19,600 Town Home Dwelling Unit = $ 13,062 Apartment Dwelling Unit = $ 11,339 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $564 $419 $425 General Government $43 $33 $33 Public Safety $0 $0 $0 Library $496 $379 $379 Parks and Recreation $1766 $1,350 $1,350 School Construction $16,731 $10 881 $9,152 Total $19,600 $13,062 $11,339� The projected capital expenditures depicted above do not include a credit for future real estate taxes. A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/12/2013 O C7 AMENDMENT Action: PLANNING COMMISSION: November 6, 2013 - Recommended Approval BOARD OF SUPERVISORS: December 11, 2013 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-13 OF MADISON VILLAGE WHEREAS, Rezoning #03-13 of Madison Village, submitted by Painter -Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of B2 (General Business) District with proffers dated April 22, 2013 and last revised on September 5, 2013 was considered. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road. The property is further identified with P.I.N. 64-A-I8 in the Shawnee Magisterial District WHEREAS, the Planning Commission held a public meeting oo this rezoning on August 21, 2013 and a public hearing on November 6, 2013; and WHEREAS, the Board of Supervisors held a public hearing ou this rezoning on December 11, 2013; and WHEREAS, the Frederick County Beard of Supervisors finds ahe approval of this rezoning to be in the best interest of the public health, safety, welfare, and in Conformance with the Comprehensive Policy Pian; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 51.26 acres front RA (Rural Areas) District to 46.26 ac:.s of RP (Residential Performance) District and 5 acres of B2 (General Business) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #3'i-13 0 • This ordinance shall be in effect on the date of adoption. Passed this 1 Ith day of December, 2013 by the following recorded vote: Richard C. Shickle, Chairman Robert A. Hess Gene E. Fisher Christopher E. Collins PDRes #37- i 3 Aye Gary A. Lofton Aye Aye Robert W. Wells Aye Aye Charles S. DeHaven, Jr. Aye Aye A COPY ATTEST John Frederick Lounty Administrator V1RUiNIA: Ffc-DEIUC'K COUNTY.SC1'. This instrument of writirig was produced to me ou I2-/9-20I3 �t q:5--3 A./yt, and with ccrtificat: ;i; i ,.;.,;, cigcmcnl li,,creto mmexcd was admitted to recorc;. 1'_c, i;;imsed by Sec. 58.1-802 of $ILAi , and 58.1-501 have been paid, if assessah)e. 46e,4- , Clerk l/ 0 O O ^^ l-D Revised Proffer Statement Madison Village Parcel TM#64-A-18 RA TO RP/132 WITH PROFFERS Rezoning #: 03-13 Property: PARCEL ID: 64-A-18 Area: 51.26 acres Recorded Owner: Madison Farms, LLC Applicant: Madison II, LLC 558 Bennys Beach Road Front Royal, Virginia 22630 Project Name: Madison Village TM#64-A-18 Magisterial District: Shawnee Magisterial District Original Date of Proffers: April 22, 2013 Revision Date: July 12, 2013 September 5, 2013 December 11, 2013 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 1201007 PROFFER STATEWNT Madison Farms, LLC-TM#64-A-18 0 0 0 f\J 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 #03-13 for the rezoning of parcel TM# 64-A-18 from RA to RP/132 with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PPr)PPFRS 1.) Generalized Development Plan The owner proffers to develop the property in general conformance with the Generalized Development Plan (GDP) dated 7/2/13, identified as "Generalized Development Plan TM #64-A-18, 51.26 Acres" and which is attached to the proffer statement, for the purpose of identifying the proposed zoning changes to the parcel, the general location and form of the parcel access, and improvements to Route 522. Approximately five acres will be rezoned to B2, Business General District, and approximately 46.26 acres will be rezoned to RP, Residential Performance District. Attached to the proffer statement is a "Plat of Rezoning" dated July 1, 2013 which delineates the proposed zoning areas. 2.) Residential Density The owner proffers to limit the maximum number of residential units to six hundred forty (640). The owner proffers to limit the minimum number of residential units to four hundred twenty (420). 3.) Right of Way Dedication The owner proffers to dedicate a ten foot strip of land along the frontage of Parcel TM# 64-A-18 to the Virginia Department of Transportation for the purpose of facilitating future improvements to Route 522. This dedication will occur prior to the issuance of any occupancy permit for the property. 4.) Initial Transportation Improvements The Owner must obtain adequate access Route 522 as approved by VDOT for the rezoned parcel. r The owner proffers to dedicate the necessary land for road improvements and to construct the internal road system as generally shown on the GDP. Implementation of certain of these improvements as approved by VDOT and Frederick County will be page 2 PROFFER STATE&ENT • Madison Farms, LLC-TM#64-A-18 0 completed prior to the issuance of any occupancy permit for the property. These cD improvements will include: a) The design and construction of a right turn lane southbound on Route 522 into the parcel; b) The design of one northbound left turn lane on Route 522 into the parcel; c) The design and construction of a full movement public street entrance into the property including one west bound lane, two eastbound left turn lanes, one east bound right turn lane, and bicycle/pedestrian facilities; d) The design and construction of a roundabout at the western limits of the commercial area unless it is determined by the Virginia Department of Transportation that an alternate intersection design is required. e) The design and construction of a public street to the northern limits of the parcel to allow connection to Parcel TM#64-A-12 as generally shown on the GDP. 5.) Interparcel Access The owner agrees to provide the necessary ingress and egress easements to allow vehicle access for the benefit of Parcel TM#64-A-14 and Parcel TM#64-A-15, to and from the public roads described in Items 4.c and 4.e above subject to approval by the Virginia Department of Transportation. 6.) Other Transportation Improvements a.) A public road will be extended to the western limits of the parcel to allow future connection to Parcel TM#64-A-124 as generally shown on the GDP. The road will include the design and construction of a roundabout at the intersection of the proposed roads unless it is determined by the Virginia Department of Transportation that an alternate intersection design is required. Construction of this road will be completed before the three hundred twelfth (312th) residential unit receives an occupancy permit. b.) A public road will be extended to the southern limits of the parcel to allow future connection to Parcel TM#64-A-20 as generally shown on the GDP. Construction of this road will be completed before the four hundred twentieth (420th) residential unit receives an occupancy permit. 7.) Route 522 Traffic Signal In the event that the Virginia Department of Transportation notifies the owner that a warrant study is required at the intersection of Route 522 and the access to the parcel, the owner hereby proffers to complete said warrant study within three months of the notification. If, after reviewing the warrant study, the Virginia Department of Transportation notifies the owner that a traffic signal is warranted at the intersection of Route 522 and the access to the parcel, the owner hereby proffers to undertake and complete the design and construction of the traffic signal within one year of the signal warrant notification. page 3 PROFFER STATEWNT • Madison Farms, LLC-TM#64-A-18 8.) Bicycle/Pedestrian Facilities The owner proffers to install bicycle and pedestrian facilities generally along the proposed public road routes and as part of the construction of said roads. Construction details and phasing will be submitted as part of a Master Development Plan for the project. 9.) Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $19,600 per single family detached dwelling unit and $13,062 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $11,339 per apartment unit in accordance with the following: Payment of the amount determined will be made prior to the time of the issuance of the Certificate of Occupancy for each apartment building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. 10.) Age -Restricted Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $2,869 per single family detached dwelling unit and $2,181 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $2,187 per apartment unit in accordance with the following: Payment of the amount determined will be made at the time of the issuance of the Certificate of Occupancy for each apartment building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. 11.) Property Owners Association The residential development will be made subject to a Property Owners Association (POA) that shall be responsible for the ownership and maintenance of all property areas not privately owned or dedicated to public agencies. The POA shall be provided other responsibilities, duties, and powers as are necessary and customary for such associations. In addition to other responsibilities as assigned, the POA shall be responsible for solid waste disposal programs and the maintenance of streets, parking areas, buffer areas, recreational features, lighting and landscaping. 0 0 co :_ page 4 PROFFER STATES-NT Madison Farms, LLC-TM#64-A-18 The Owner agrees to fund the POA in a sum of Five Thousand Dollars ($5,000.00) in order to facilitate the POA's operating costs upon the transfer of control of the POA from the Developer to the third party property owners. 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 grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: MADISON Il, LLC as f the 11 th day of December, 2013 By: �I David . Mach' O,,Wnager City of Winchester, Commonwealth of Virginia. / 74 T foregoing instrument was acknowledged before me this / 3 day of 72M by David R. Madison, Manager of Madison II, LLC. v Notary Registration number:D l0 My Commission expires: .��i>>rrirrr, NO Y HFG. 10'94 : J MY UP) 'i_s 0 <-D c) page 5 NEW _7"__ C R 150 SPE. LLC 6123- 6412 S MU41 Zo .q; RP52 1 01 "69J5. —ifo. Cr -1 �q. 82 Yo w G . Jr. 64C-A-IL N27W'4.?'W 89. 47" 1 1 B2: 5.00 ACRES / R.60aoo* L - 172.65' N 8575'19'f 8137 uo.am F. PSP. z 7 .25 69 2,6 - 7-n RP: 46.26 ACRES '0 64-A-10 0 6.c-2-5 a 0 z.": w z. -7" Wv 2 z . I ;rRn D. tt. T, % x_2-6 T z0"; _: R.. .I.E. G..P4, 1 S&-05'42V 457.85' w-z-. m "c 64-A-124 YM:A9_1_1 - - - — - - Al 8.,wy 64-A-1" z..irQ: 'A - — -- — -- — -- — 403 z".9. RP AILLE — M21 2.�,: " - — -- — - — -- — -- — -- — -- 350 300 0 300 Scale in Feet 'C. : PAINTER-LEWIS, P.L.C. PROJECT: N ASURVEY: NI.A 817 Cedar Creek Grade, Suite 120 PLAT OF REZONING DRAWN BY: JOB NO.: MADISON VILLAGE P—L 1201007 Winchester, Virginia 22601 TM#64—A— 18 SCALE: DATE: Telephone (540)662-5792 FREDERICK COUNTY, VIRGINIA SHOWN 7/1/13 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office@pointerlewis.com POR ooc�� ° o �, � z �i w TM#64-A-12 I I O 4e PUBLIC ROAD CONNECTION w °rD � \ > w wZQoC ROUNDABOUT �\ -i c`oo Q 4d 5 ACCESS TO PARCEL(S) j W 4t N 4A — — — — — — — — — — — — RIGHT TURN LANE I— In rMse -10 T � 4a R G �N . 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STREET Z RESIDENTIAL• TRAFFIC SIGNAL 7 RAF C S LL C w C� COMMERCIAL. , 0 •O C , . TURN LANE LEFT U I , .. -t 3 RIGHT HT F WAY DEDICA TION ON , i 1 0 I U _ RESIDENTIAL' , o CD ------�CIDa W N , E ,r"• T , C) t1mwood Rood 0 O N L tri _ ; a ;a O CnCN '•• y �Y �, ��-� --- �, o I I I W Q N TM#64-A-124 �:/`,.�. --- o ❑CD '0 a �. . �... ..:....;• ....• _ �... ❑ __ [� - -- __ � ca .. O' , ---- Go PUBLIC ROAD o _ - o r ❑ I W d CONNECTION :r=�.,.• -:::.— o \ w `. L�n W 4�GHT KE PED FACILITIES Ua - -V O '>'.• •;,-G Longcroft Road W s uj L LJ 13- -- -- a 00 RESIDENTIAL,•: `.:` ED:, �--o_- --- CD 13 �\ O e,N , v to ! --- - _-� ❑ SURVEY: C.I.: 00 0 TM#64-A-20 FREDCO NA \:� J_-�- *PUBLIC-- ROAD --_--- DRAWN BY: JOB NO.: CONNECTIO — — — -- o P-L 1201007 > I C _ — 300 0 300 SCALE: DATE: ❑ SHOWN 7/2/13 •o D I ----------- O SHEET: o----- -- Scale in Feet 1 1 ❑ o z \ w a_ 1 0/ TM#64-A-12 I .� �/� 4 4e PUBLIC ROAD 'I El\ -.� w Cn '\ Lij CONNECTION O w Z Q --- � 4d ROUNDABOUT � � � � Q 5 ACCESS TO PARCELS) �' 0 a_ 4t N ,,. TM#64-A-15 N u RIGHT TURN LANE 1 ` Al ---- 4c STREET ENTRANCE E \ � \ Lu RESIDENTIAL \ v Z 7 TRAFFIC SIGNAL W /. w C� COMMERCIALo 4b LEFT TURN LANE CE'r :a I I R 1 3RIGHT F WAY DEDICATJON I . 1 o -e 0 1 I V � I , / ,RESIDENTIAL' =;;;!'- :�' O __—___ p \ ■ 1 N ,.{rlmwood RoodEj O O - -Q - TM#64-A-124CD 6a r : ° — PUBLIC ROAD >....{. _ CD ❑�4. - d CONNECTION � W a �O �-�'':�•' 'RESIDENTIAL. � -- w � '� �. ., : ..,..� RIGHT C�N �J w KE PED FACILITIES " C� �- `� ;..:.�,•�•,.'..... _. ; _ ..: ::.:.. - r..:, � �, o - o o::. ::; 785 o�9croft Road w — .:�'... W %• i 1 I I Y I ' '\.\ � •�' ...'•,,: • r°-.''• o ' __----� � � , I of ❑ I , � w a 00 ----------1-1-----� — O ,.,. �PRESIDENTIAL.'- --_--_ If CD J. LLJ o 0- _ _ -----� PAN- ---------- J w Ln d N oz ti U w oSURVEY: C. ----- .: 6b TM#64-A-2FREDCO NA 0 — � 0 —__— _ oPUBLIC ROAD — _---- ' CONNECTIO _ DRAWN BY: JOB NO.: - ' I - 1 P—L 1201007 --.,' I I------------- C 300 0 300 SCALE: DATE: ' ----- -- —� ❑ SHOWN 7/2/13 000 O p I-- 0----- ❑ -__ SHEET: Scale in Feet 1 / 1 Revised Proffer Statement Madison Village Parcel TM#64-A-18 RA TO RP/B2 WITH PROFFERS Rezoning #: Property: Area: Recorded Owner: 03-13 PARCEL ID: 64-A-18 51.26 acres Madison Farms, LLC Applicant: Madison II, LLC 558 Bennys Beach Road Front Royal, Virginia 22630 Project Name: Magisterial District: Original Date of Proffers: Revision Date Madison Village TM#64-A-18 Shawnee Magisterial District April 22, 2013 July 12, 2013 September 5, 2013 December 11, 2013 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 1201007 PROFFER STATANT • Madison Farms, LLC-TM#64-A-18 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 #03-13 for the rezoning of parcel TM# 64-A-18 from RA to RP/B2 with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The owner proffers to develop the property in general conformance with the Generalized Development Plan (GDP) dated 7/2/13, identified as "Generalized Development Plan TM #64-A-18, 51.26 Acres" and which is attached to the proffer statement, for the purpose of identifying the proposed zoning changes to the parcel, the general location and form of the parcel access, and improvements to Route 522. Approximately five acres will be rezoned to B2, Business General District, and approximately 46.26 acres will be rezoned to RP, Residential Performance District. Attached to the proffer statement is a "Plat of Rezoning" dated July 1, 2013 which delineates the proposed zoning areas. 2.) Residential Density The owner proffers to limit the maximum number of residential units to six hundred forty (640). The owner proffers to limit the minimum number of residential units to four hundred twenty (420). 3.) Right of Way Dedication The owner proffers to dedicate a ten foot strip of land along the frontage of Parcel TM# 64-A-18 to the Virginia Department of Transportation for the purpose of facilitating future improvements to Route 522. This dedication will occur prior to the issuance of any occupancy permit for the property. 4.) Initial Transportation Improvements The Owner must obtain adequate access Route 522 as approved by VDOT for the rezoned parcel. The owner proffers to dedicate the necessary land for road improvements and to construct the internal road system as generally shown on the GDP. Implementation of certain of these improvements as approved by VDOT and Frederick County will be page 2 PROFFER STATEONT • Madison Farms, LLC-TM#64-A-18 completed prior to the issuance of any occupancy permit for the property. These improvements will include: a) The design and construction of a right turn lane southbound on Route 522 into the parcel; b) The design of one northbound left turn lane on Route 522 into the parcel; c) The design and construction of a full movement public street entrance into the property including one west bound lane, two eastbound left turn lanes, one east bound right turn lane, and bicycle/pedestrian facilities; d) The design and construction of a roundabout at the western limits of the commercial area unless it is determined by the Virginia Department of Transportation that an alternate intersection design is required. e) The design and construction of a public street to the northern limits of the parcel to allow connection to Parcel TM#64-A-12 as generally shown on the GDP. 5.) Interparcel Access The owner agrees to provide the necessary ingress and egress easements to allow vehicle access for the benefit of Parcel TM#64-A-14 and Parcel TM#64-A-15, to and from the public roads described in Items 4.c and 4.e above subject to approval by the Virginia Department of Transportation. 6.) Other Transportation Improvements a.) A public road will be extended to the western limits of the parcel to allow future connection to Parcel TM#64-A-124 as generally shown on the GDP. The road will include the design and construction of a roundabout at the intersection of the proposed roads unless it is determined by the Virginia Department of Transportation that an alternate intersection design is required. Construction of this road will be completed before the three hundred twelfth (312th) residential unit receives an occupancy permit. b.) A public road will be extended to the southern limits of the parcel to allow future connection to Parcel TM#64-A-20 as generally shown on the GDP. Construction of this road will be completed before the four hundred twentieth (420th) residential unit receives an occupancy permit. 7.) Route 522 Traffic Signal In the event that the Virginia Department of Transportation notifies the owner that a warrant study is required at the intersection of Route 522 and the access to the parcel, the owner hereby proffers to complete said warrant study within three months of the notification. If, after reviewing the warrant study, the Virginia Department of Transportation notifies the owner that a traffic signal is warranted at the intersection of Route 522 and the access to the parcel, the owner hereby proffers to undertake and complete the design and construction of the traffic signal within one year of the signal warrant notification. page 3 PROFFER STATANT • Madison Farms, LLC-TM#64-A-18 8.) Bicycle/Pedestrian Facilities The owner proffers to install bicycle and pedestrian facilities generally along the proposed public road routes and as part of the construction of said roads. Construction details and phasing will be submitted as part of a Master Development Plan for the project. 9.) Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $19,600 per single family detached dwelling unit and $13,062 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $11,339 per apartment unit in accordance with the following: Payment of the amount determined will be made prior to the time of the issuance of the Certificate of Occupancy for each apartment building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. 10.) Age -Restricted Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $2,869 per single family detached dwelling unit and $2,181 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $2,187 per apartment unit in accordance with the following: Payment of the amount determined will be made at the time of the issuance of the Certificate of Occupancy for each apartment building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. 11.) Property Owners Association The residential development will be made subject to a Property Owners Association (POA) that shall be responsible for the ownership and maintenance of all property areas not privately owned or dedicated to public agencies. The POA shall be provided other responsibilities, duties, and powers as are necessary and customary for such associations. In addition to other responsibilities as assigned, the POA shall be responsible for solid waste disposal programs and the maintenance of streets, parking areas, buffer areas, recreational features, lighting and landscaping. page 4 PROFFER STATEONT Madison Farms, LLC-TM#64-A-18 • The Owner agrees to fund the POA in a sum of Five Thousand Dollars ($5,000.00) in order to facilitate the POA's operating costs upon the transfer of control of the POA from the Developer to the third party property owners. 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 grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: MADISON II, LLC as in Davi the 11 th day of December, 2013 nager City of Winchester, Commonwealth of Virginia. T foregoing instrument was acknowledged before me this ! 3 day of ?, by David R. Madison, Manager of Madison II, LLC. Not�1 /1ublic 7/ �-� // Notary Registration number: -/j / D " My Commission expires: 31- 1 Pa )T`,ftY #7010794 = MY C.", , IS�ION fxt�;1S page 5 .TVIT.nb. LLC a 1w SPE. LLC 6-A-123A N-A-Ix S 85:14:7.�" N I Z. M ZPrup: ePe7 7.16 u : Apr<Wlurei ,� uac vocon N-OwN Snwo.a i % Y'ie1w� t 64 --A-1 9YP>a I YonIM GAon. J.. /, wMJ yy02 • HC-A-ty R O �YVeeenl { la N27W 17'W 89.47' /w o. 1 \ 1 B2: 5.00 ACRES IM � A•.6C17.Q0' 1 (�171..65' NB57s79'E 1 He -A-1f { k; w: Ywa.nlai 1 79x 17 --j8 I RP: 46.26 ACRES 54'16/� o. Y«.Ten �' Z N-A-1e Q '0 7J 5q7.- 18 j1 N .D II / u aa.]. n j1 { { 2ew1e: M 11 UN: RlslPnUP E)L YwelTPnb. LLC { N-A-Ix. { Zain,: IN I { { / 1 1 � memm wuq All er-A-1M { / WeZeniq: M � : RukenYel { { CYeNeM Ysl,wl Turn., 2eAg, M I r eaewl E. Ys1se.� u�°n.wa.ncel a,n.,en Z. tr „ I{� INN'WnYY _ 1 Deane Iw 0-11. Tr c-x-e ' imp: rtP ur: e.:aenlw . JAE. 6.C-2-47-. Zenirp: RD Ir: YererYbi Iuc c+eei•. T taTnp s �- YM: Veeenl 300 0 300 ,I j I. Scale in Feet I i PAINTER-LEWIS, P.L.C. PROJECT: NARVEY: NIA PLAT OF REZONING 817 Ceder Creek Grade, suite t 20 MADISON VILLAGE DRAWN BY: JOB NO.: ► Winchester, Virginia 22601 TM#64—A-18 P-L 1201007 SCALE: DATE: Telephone (540)662-5792 FREDERICK COUNTY, VIRGINIA SHOWN 7/1/13 F Facsimile 540 662-5793 CONSULTING ( ) SHEET: ENGINEERS Email office@pointerlewis.com POR I I O O o o z 1W1 1 \ \ �i Z> CL o � \ TM#64-A-12 `\ 4e PUBLIC ROAD ; \ / �,\ 00 o '\ CONNECTION I ; '� `� w Z Q � U \ I I------- - �\ / < Q \ 4 ROUNDABOUT ACCESS TO PARCEL(S) I[ N Od _ 5 / `\ --�� TM#64-A-15 /' N r : __--- I 4a RIGHT TURN LANE _j --- --- ` j#64 Q I _-- STREET ENTRANCE _ S R — 4 c / _ y, w RESIDENTIAL • 7 TRAFFIC SIGNAL w W L 0 R IA •MME C .' :CO � 1 _ LEFT TURN LANE 1 4b , 1 r 1 r' YDEDICATIONI F WA RI G d. HT O 1 -t I 0 i U I i I r .--RESIDENTIAL'.,;�,y: •�� __.___—_ ° 1 I,• o `•,.� r.- 10 O r.Clmwood Rood f— p p U yam:% ""';.`''''r) 0 �__--- - - ■r U CD Gos TM#64-A-124 `•.: n --- o ❑ ; '-� o z cD ••J O _ r\ PUBLIC ROAD - ' p c) � o O - T o � II ,.. r: r CONN ECTION TIO I I Y 'o _ ,o J w -f- TAL` '. O �• :'` • RESIDEN I I 1 JN ... Y•• - ' ' � lam— U OBIKE/PED FACILITIES t ::.,:f:;: �:..: uj o 0 l :'/•:^' 5 Longcroft R w E 1. { :.ram; t'• 7B Road - - .. Rt. W Q 2 a o' z w a> o { � __ I I I \ U~ w w 01 00 `;' RESIDENTIAL .3_'. Q ��-�- _ - 0 � +: -- o a 7J_ IV v w SURVEY: C.I.: O O _ --- [� FREDCO NA e �- 6b TM#64-A-20 0 °------ -- P�� �-"' �UBLIC ROAD --- ----- _ DRAWN BY: JOB NO.: CONNECTIO -� P-L 1201D07 3C0 0 300 SCALE: DATE: - / / 11 I ---__---------------- � � _ ° SHOWN 7/2/13 ° SHEET: oo� o I O i Scale in Feet I PROFFER STATENOT Madison Farms, LLC-TM#64-A-18 i9.) Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $18,508 per single family detached dwelling unit and $12,354 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasure of Frederick County, Virginia the amounts determined by the then current Frederick County Impact Model for each of the Respective Phases of the Project. Payment of the amount determined will be made prior to the time of the issuance of the Certificate of Occupancy for each building in a Phase and as follows- (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. 10.) Age -Restricted Residential Development Impact Offset Contribution a. Single Family Detached and Single Family Attached: The owner proffers to pay to the Treasurer of Frederick County, Virginia the amount of $2,835 per single family detached dwelling unit and $2,153 per single family attached unit prior to the time that the Certificate of Occupancy is issued for each unit. b. Apartments — The owner proffers to pay to the Treasure of Frederick County, • Virginia the amounts determined by the then current Frederick County Impact Model less the school impact amount for each of the Respective Phases of the Project. Payment of the amount determined will be made at the time of the issuance of the Certificate of Occupancy for each building in a Phase and as follows: (i) Ten (10%) Percent of the amount determined in cash or its equivalent; (ii) The Balance of the Impact Fee in the form of a bond, secured by cash (or its equivalent) or by a letter of credit from County approved financial institution, payable five (5) years from date, and payable to the Treasurer of the County of Frederick, Virginia. r� U 11.) Property Owners Association The residential development will be made subject to a Property Owners Association (POA) that shall be responsible for the ownership and maintenance of all property areas not privately owned or dedicated to public agencies. The POA shall be provided other responsibilities, duties, and powers as are necessary and customary for such associations. In addition to other responsibilities as assigned, the POA shall be responsible for solid waste disposal programs and the maintenance of streets, parking areas, buffer areas, recreational features, lighting and landscaping. page 4 • E Page 1 of 1 (0 John Lewis From: Funkhouser, Rhonda (VDOT) [Rhonda.Fun khouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. (VDOT) [Matthew. Smith@vdot.virginia.gov] Sent: Tuesday, June 11, 2013 1:39 PM To: Bishop, John. (VDOT) Cc: 'mcheran@co.frederick.va.us'; Tim Stowe; John Lewis; Short, Terry (VDOT); Ingram, Lloyd (VDOT) Subject: TIA & Rezoning for Madison Village, Parcel TM# 64-A-18, Route 522 - Frederick County Our District Planning Section has completed their review of the subject study and rezoning and offers the following comments for your review and consideration: • The AADT and Truck percentage inputs to the HCS+ model were not correct for all scenarios. Please correct and update all related tables and figures. • Referencing Figure 7 and 8, the traffic volumes on the side streets should also be updated to the 2020 scenario. • Referencing Table 4 on Page 16, no explanation is provided regarding why 107k sq ft was used for Specialty Retail Center. Is that the leasable area? Also, the trip generation results are not correct based on ITE (811 Edition) rates. • Figure 10 on Page 19; please provide trip distribution information within the site. • Figure 12 on Page 22, the lane configuration at the entrance intersection is not consistent with the Synchro model. Please correct. • Please include a signal warrant analysis to justify the proposed signalization of the entrance intersection. . Table 5 on Page 23 shows that the eastbound left -turn at the entrance intersection has -1 second delay during both AM and PM peak. Please check the model and correct. • Referencing Table 5 and 6, overall intersection performances and approach performances need to be included in the tables. • Bike and Pedestrian facilities are recommended along Route 522 frontage. . Please provide a preliminary cost estimates for the proposed improvements. Should you have any questions, please feel free to give me a call. Matthew B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone It (540) 984-5615 Fax It (540) 984-5607 6/11/2013 REZONING APINCATION 0 Madison Property - TM# 64-A-18 • 8. Agency Comments • (9 0 0 John Lewis From: Mike Ruddy [mruddy@co.frederick.va.us] WTent: Thursday, June 20, 2013 5:03 PM o: John Lewis; John Bishop Cc: Rod Williams Subject: RE: Madison Village Hi John. In reviewing the revised rezoning information for this project, I only have a couple of additional comments to offer as you finalize this application for submission to the County, - The need for dual left turn lanes northbound at the project entrance would appear to be unnecessary based upon the right of -way needs, adjustments to the alignment of Route 522, and project scope. Please re-evaluate the impacts of this improvement (Proffer 4.)c)). Proffer Statement: - Identify the exact acreage of the areas to be rezoned, RP and B2. A plat of rezoning should also be prepared in support of this application identifying this and including the B2 area. - The Applicant may want to proffer a minimum number of units and certain housing types to ensure the high density residential is achieved. Currently, there is no minimum expectation. This comment is also relative to the internal road construction commitments In proffer 6. Please contact me if you have any questions. hanks. �ike. Michael T. Ruddy, AICP Deputy Planning Director Frederick County Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 (540) 665-6395 fax. mruddy@co.frederick.va.us -----Original Message ----- From: John Lewis[mailto:jclewis@painterlewis.comj Sent: Friday, June 14, 2013 9:04 AM To: Mike Ruddy; John Bishop Subject: Madison Village Mike and John: Chave received comments from most of the review agencies on the Madison application. Can you please get me your loomments? If you would like to meet and go over the issues, it may be helpful to me when I resubmit. Thanks CJ 0 4tcK o— Frederick COUnty Fire and ReSCUe q '°,� c Department a y Office of the Fire Marshal Plan Review and Comments VIRGINIA Control number Date received .4z 13 - 0 0 0 2 5/6/2013 Project Name Madison Villiage - route 522, near the airport Address City 817 Cedar Creek Grade, Suite 120 Winchester Type Application Tax ID Number Rezoning 64-A-18 Current Zoning Date reviewed Date Revised 5/14/2013 Applicant Painter -Lewis, P.L.0 Stale Zip Applicant Phone VA 22601 540-662-5792 Fire District Rescue District 21 21 RA Recommendations Automatic Sprinkler System Automatic Fire Alarm System Yes Yes Other recommendation Emergency Vehicle Access Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended (40 Yes Hydrant Location Roadway/Aisieway Width Election District Shawnee Residential Sprinkler System Yes Fire Lane Required No Special Hazards No Reviewed By Signature Kenneth Scott Title---✓k—_�._ 0 • • • (0 Rezoning Comments RECEIVED MAY 0 6 2013 Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540)665-6350 Winchester, Virginia hIand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Covcrstone Drive 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 form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis. P.L.C. Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade, suite 120 Winchester, VA 22601 Location of property: west side of Route 522 approximately 2000 feet south of Airport Road Current zoning: R, Zoning requested: RA/B2 Acreage: 51.2 Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 0 RECEIVED • MAY 0 6 2013 Rezoning Comments Frederick County _ Public Wbrks&Inspections Fred'erick-County D•epar.tmenaof P,iiblic Works l• Mail to: Frederick County Dept: ofTLIblic Works Attn: Director -of Engineering 107 North Kent'Streef Winchester, Virginia .22601 (540) 665-5643 I-6nd deliver. io:., Frederick County Dept. of Public Works Atth:;Dii:cctot' 6f Eiiginecring County Administration Bldg., Suite 202 107 NorthXentStreet Wincfiestci•,, Virginia Applicanf: Please: fill outctWinformation as accurately ast.nossible in,order,to,�tssist the Department,of P,umic?'Works ,witht•their-,revtew, , Attach a ;copy ofi.y.ouT applic,, tion form,; locatibn_.:map ;proffer; statement, iiiii?act;aiialysis,•i3►idtaiiy otlici; iiertinetit Applicant's Name: Painter -Lewis; P.L.C. Mailing Address Bi7'Ceda�,Creek Grade, Suite 120 Telephone: 540-662-5792 Location of property: 'west side'of Robte,522 approximately 2000 fe6t's66th of Airport Road Current Zoning: RA Zoning re uested ,.. 82 .. Acreage: 51.2 Department of.Public,Work's Comme ts• ` J cl �.�: ( DCaShin clt� 4XiA-41 , ev 0 POWer 1�v7�s e tn'c:V CL uv� Uri P `gib at `}% 1,y a n Wlr ,n+ w • l 1 �2e.. I a w a )'y tit L C Public Works Signature &:'Date: OWIZ 13 Notice to Dept. -of Public Wor •s Please Return This.For►n to the Applicant SCANNED- bl l-� l3 21 ALIOCATEO --> K [A EMAILEU— �Q.JQ_JB 0 0 • Rezoning Comments • Frederick -Winchester Service Authority Mail to: Hand deliver to: Prod-Winc Service Authority Fred-Winc Service Authority Attn: Jesse W. Moffett, ExCCL1tivc Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Applicant: Please fill out the information as accurately as possible in Order to assist the Fred-Winc Service Authority With their review. Attach a copy of your application form, locat: ik map, profferstatement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, P.L.C. Te lephOtlC: 540-662-5792 Mailing Address: 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Location Of property: 'Vest side of Route 522 approximately 2000 feet south of Airport Road Current zoning: RA Zoning requested: RPJB2 Acreage: 51.2 Fred -Wine Service Authority's Continents: rta InAn r m&mqe eC seNtce� compment' of an, Fred-Winc Service Authority's Signature & Date: Notice to Fred-Winc Service Authority 6'�I� - Please Return Form to Applicant (is 33 MAY - 2 2013 D • 0 FREDERIC K COUNTY SANITATION AUTHORITY Post Office Box 1877 1'If.— (540)868-1061 Uwe E. Weindel, P.E. Winchester Virginia 22604-8377 I aX - (540)868-1429 Engineer -Director ww w Asa-walcr.com May 7, 2013 Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Ref.: Rezoning Comments Madison Village Rezoning Tax Map # 64-A-18 To Whom It May Concern: Per your request, a review of the proposed rezoning has been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. • The parcel is in the water and sanitary sewer area served by the Authority. Based on the anticipated usage, water capacity is presently available. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Conveyance capacity and layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional load. Both water and sanitary sewer facilities'are located within a reasonable distance from this site. Please be aware that the Authority does not review or continent upon proffers and/or conditions proposed or submitted by the applicant in support of or in conjunction with this application for rezoning, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and/or conditions which the Applicant may hereafter provide to Frederick County. Thant: you; we E. Weindel, PE Engineer -Director 11'ATER's WORTH IT • 0 • is Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, :and any other pertinent information..-.,..,, Applicant's Name: Painter -Lewis, P.L.C. Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Location of property: west side of Route 522 approximately 2000 feet south of Airport Road Current zoning: RA Zoning requested: RA132 Acreage: 51.2 Sanitation Authority Comments: Sanitation Authority Signature & Date: Notice to Sanitation Authority - Please Return This Form to the Applicant (, 25 • (0 COUNTY of FREDERICK Department of Planning and Development S40/66S-S6SI FAX: S40/66S-639S February 20, 20 Mr. John Lewis, PE fainter -Lewis, P.L.C. 116 North Braddock Street Winchester, Virginia 22601 RC: Request for Historic Resources Advisory Board (I-IRAB) Comments Madison Farms, LLC Rezoning; PIN # 64-A-18 Dear Mr. Lewis: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the I-IRAB. According to the Rural Landmarks survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not Identify a core battlefield within this area. Thank you for the chance to comment On this application. Please call If YOU have any questions or concerns. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bled cc: David Madison, 558 Bennys beach Road, Front Royal, VA 22630 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 0 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill 011t the Information as aCCUratcly as possible 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 othelpet'tlIlCllt lllfOt'IllatlOn. Applicants Name: Painter -Lewis, P.L.C. Mailing Address: . Location of property: Current zoning: RA Telephone: 540-662-5792 817 Cedar Creek Grade Winchester, VA 22601 west side of Route 522 approximately 2000 feel south of Airport Rd. Zoning requested: RP Acreage: 51.2 Department of Parks & Recreation Comments: /� r�t' �Gl�Cy' Lam✓ G� % / � - 2 Cam' i" r.' � i /�' / l . Pks. & Rec. Signature & Date: Notice to Department of Parks & Recreation - Please Return This Form to the Applicant ci 23 0 a -4 IMPACT ANALYSIS STATEMENT for Madison Village Parcel TM# 64-A-18 Route 522 — Front Royal Pike Shawnee Magisterial District Frederick County, Virginia April 22, 2013 Revised: July 1, 2013 Prepared for: Mr. David Madison Madison II, L.L.C. 558 Bennys Beach Road Front Royal, Virginia 22630 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1201007 • is 0 IMPACT ANALYSIS WTEMENT • Madison Village - TM# 64-A-18 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page i. INTRODUCTION 2 A. SITE SUITABILITY 3 DEVELOPMENT OVERVIEW 3 COORDINATION WITH FREDERICK COUNTY LONG RANGE PLANS 3 100 YEAR FLOOD PLAIN 4 STEEP SLOPES 4 MATURE WOODLANDS 4 WETLANDS 4 SOILS 4 B. SURROUNDING PROPERTIES 5 C. TRAFFIC 5 D. SEWAGE CONVEYANCE AND TREATMENT 6 E. WATER SUPPLY 6 F. DRAINAGE 7 G. SOLID WASTE DISPOSAL FACILITIES 7 H. COMMUNITY FACILITIES 7 SCHOOLS 7 DEVELOPMENT IMPACT MODEL 7 EMERGENCY SERVICES 8 PARKS AND RECREATION 8 GENERAL GOVERNMENT FACILITIES 8 LIBRARY 8 I. HISTORIC SITES AND STRUCTURES 9 J. CIVIL WAR BATTLEFIELDS 10 4 U IMPACT ANALYSISOATEMENT • Madison Village - TM# 64-A-18 L INTRODUCTION Madison II, LLC (the owner) is the owner of 51.26 acres of land contained in a single parcel located on the west side of Route 522 near its intersection with Airport Road in Frederick County, VA. The parcel (the site) is currently zoned RA (Rural Areas District) and is identified by Tax Identification Number 64-A-18. The applicant is requesting to rezone the property from RA, Rural Areas District, to RP, Residential Performance District and B2, General Business District. The intended purpose of the rezoning is to enable the applicant to develop the site for mixed use residential and commercial purposes in accordance with the requirements of the current Zoning Ordinance of Frederick County. The location of the parcel is shown on the map below. 2 IMPACT ANALYSIS WTEMENT • Madison Village - TM# 64-A-18 �. A. SITE SUITABILITY DEVELOPMENT OVERVIEW The site has about 750 feet of frontage on Route 522. Route 522 is currently a minor arterial road and a major north -south roadway between Route 50 and the southern boundary of the county. Access to the parcel will be from Route 522 via new public streets which will conform to the county long range transportation plans. The description of RP zoning in the Frederick County Zoning Ordinance identifies four basic land use characteristics which should be encouraged: (1) Efficient land use patterns that create high quality neighborhoods that are attractive and pedestrian oriented; (2) Densities that promote a compact and efficient use of land; (3) Reduced housing and public facility costs; (4) Energy efficient housing and housing patterns; (5) Sustainable and Environmentally sensitive land use. The owner is proposing to construct a mixture of multifamily buildings and townhouses on the parcel. Section 165-402.05 establishes the maximum allowed density for the RP district. The maximum density allowed for multifamily residential building is 20 units per acre. The maximum density allowed for townhouses is 10 units per acre. The maximum inumber of residential units planned for the parcel is 640 or a maximum gross density of 12.5 units per acre. According to the Frederick County Zoning Ordinance, the intent of the B2 district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. The establishment of a commercial area at the intersection of Route 522 and the main access road into the development will provide a broader tax base for the county, a location for businesses to serve the local community, and will promote walkability and connectivity within the neighborhood. COORDINATION WITH FREDERICK COUNTY LONG RANGE PLANS The Eastern Frederick County Long Range Land Use (EFLUP) identifies the site for future, high density residential use. A zoning designation of RP will be in conformance with the EFLUP. The County Comprehensive Plan identifies this parcel as in close proximity to an Urban Commercial Center. In general, the plan encourages high density 3 IMPACT ANALYSIS *TEMENT Madison Village - TM# 64-A-18 -. residential development near commercial centers in order to enhance walkable access to employment, shopping, and employment. By reserving a small portion of the parcel for commercial use, the goal of integrating services within a residential setting can be realized. The Frederick County Eastern Road Plan identifies Route 522 at the site as a future "Improved Major Arterial" Road. Route 522 is currently a five lane urban road with two through lanes and a center turn lane contained within a right of way that is approximately 115' wide at the site. Long range transportation improvements may require the expansion of the right of way width to accommodate additional turn and travel lanes. The owner will dedicate right of way along the parcel frontage to accommodate these long range plans if required. The road plan also calls for the development of east -west roads that will connect Route 522 with land that is adjacent to the east side of Interstate 81. These roads will be new minor collector roads. The owner will dedicate right of way through the parcel to accommodate the road network. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 51069CO218D shows the subject area to be outside of any special flood hazard area. STEEP SLOPES . Steep slopes are defined by the Frederick County Zoning Ordinance as land areas where the slope exceeds 50%. There is less than one acre of steep slopes that has been identified on the site. LAKES AND PONDS One pond has been identified on the site. This pond will be preserved during the development of the site and used as a recreational feature. WETLANDS Approximately 88,315 square feet of wetlands have been delineated on this site. On June 25, 2012, the Northern Virginia Regulatory Section of the US Army Corps of Engineers issued an approved jurisdictional determination for the wetlands areas. The requisite permits will have to be obtained to allow disturbance of jurisdictional wetlands. It is the intention of the owner to preserve the majority of the wetlands by the establishment of a riparian buffer along the length of existing streams and the preservation of the existing pond. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: • Clearbrook channery silt loam, 913: This soil is shallow, 2 to 7 percent slope, and poorly drained. It is found on summit areas and consists of residuum formed from acid shale and sandstone. 4 IMPACT ANALYSIS *TEMENT • Madison Village - TM# 64-A-18 • Clearbrook channery silt loam, 9C: This soil is shallow, 7 to 15 percent slope, and poorly drained. It is found on hillside areas and consists of residuum formed from acid shale and sandstone. • Weikert-Berks channery silt loam, 41 B: This soil is shallow, 2 to 7 percent slope, and well drained. It is found on hillside areas and consists of residuum weathered from acid shale. • Weikert-Berks channery silt loam, 41C: This soil is shallow, 7 to 15 percent slope, and well drained. It is found on hillside areas and consists of residuum weathered from acid shale. • Weikert-Berks channery silt loam, 41 D: This soil is shallow, 15 to 25 percent slope, and well drained. It is found on hillside areas and consists of residuum weathered from acid shale. These soils will typically provide adequate support for small commercial and residential structures. The shallow bedrock will be removed by machine and in many cases, reused for fill. Storm water management facilities will be shallow. Road construction should be easily accommodated. Infiltration as a means of providing Best Management Practices will likely not be available as an option. B. SURROUNDING PROPERTIES The parcel to be rezoned is located in an area that is generally rural in character but . one that has been identified by the comprehensive plan for high density residential development. Currently the properties along the northwest, west, and southwest borders are zoned RA and are vacant. Due north is the Russell 150 project land where the zoning is RP-132. This land remains vacant but has been planned for townhouse development. At the northeast corner of the parcel there are two small parcels that are zoned B2 and are currently vacant. The remaining land which lies on the west side of Route 522 and which borders the parcel, is zoned RA and is used for residential purposes. On the east side of Route 522, there are numerous single family residential parcels zoned RP. C. TRAFFIC The subject property is located on Route 522 approximately 4500 feet north of its intersection with Papermill Road and approximately 2000 feet south of its intersection with Airport Road. At the location of the site, Route 522 is currently a five lane urban road section with a center turn lane contained within a 115'+/- right of way. A Traffic Impact Analysis has been prepared for the rezoning application by Stowe Engineering, PLC. The TIA is based on 640 residential units and 5 acres of commercial use. According to figures from the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 522 in 2009 in the vicinity of the site was 15,220 vehicles per day. The TIA projects traffic on Route 522 to be 26,585 vehicles per day in the year 2026. The proposed project will have a single entrance on Route 522. At the design 5 IMPACT ANALYSIS *TEMENT • Madison Village - TM# 64-A-18 build out of the parcel, impacts to Route 522 at the entrance will be significant. In order to mitigate the impacts, the following improvements will be implemented. 1. Installation of a traffic signal at the intersection of the proposed project entrance and Route 522; 2. Installation of a right turn lane southbound on Route 522; 3. Installation of left turn lane northbound at the project entrance; 4. Installation of dual eastbound left turn lanes at the project entrance; 5. Installation of a roundabout at the entrance to the commercial areas. D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County Sewer and Water Service Area. The development will be serviced by the county sewer system. Any existing drain fields on the property will be located and appropriately abandoned at the time of development. There is no direct access to sewerage facilities, that is, there are no terminal manholes on the property. The nearest sanitary sewer is located in the Route 522 right of way near Longcroft Road. A lift station will be constructed on the parcel and a force main will be constructed to this manhole. Additional sewage demand is estimated according to the following: Sewage demand from the residential portion of the project will be based on 40 persons J! per acre at 75 gpcd. The gross residential acreage is 46.2 acres with an estimated demand of 138,600 gpd. Sewage demand from the commercial portion of the project will be based on 200 gpd per 1,000 square feet of retail. Five acres of commercial area will support approximately 54,450 square feet of building area resulting in an estimated demand of 10,890 gpd. The total estimated sewage flow from the project will be 149,490 gpd. This is a reasonable estimate of the new sewer demand and will be used to determine the adequacy of the receiving sewer conveyance system E. WATER SUPPLY The site is inside the limits of the Frederick County Sewer and Water Service Area. The development will be serviced by the county water system. Any existing wells on the property will be located and appropriately abandoned at the time of development. The water main is located adjacent to the west side of the Route 522 right of way. The project infrastructure development will include making connection to the existing water main in two locations to create a loop in the network. New water main will be extended to the adjacent properties to the south and west to accommodate future development. Additional water demand is estimated to equal the sewage demand: 149,490 gpd. • IMPACT ANALYSIS &TEMENT • Madison Village - TM# 64-A-18 ^� F. DRAINAGE A complete aerial topographic map of the parcel has been completed. This site has gentle to moderate slopes. The majority of slopes range from 1 percent to 15 percent. Storm water runoff flows from west to east toward Route 522 then continues on the Buffalo Lick Run. With the development of this site a storm water management system would be implemented to control any added flow created by the increased impervious areas. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located at the main landfill off of Sulphur Springs Road approximately three miles north and east of the site. In general, the collection of solid waste from the proposed development will be accomplished by a private hauler. It is estimated that the residential development will generate approximately 4.5 pounds of solid waste per person per day that will be transported to the landfill. Based on an assumption that the project will accommodate 40 persons per acre, the amount of solid waste will be approximately 8,316 pounds per day. The commercial portion of the project will generate approximately 100 pounds of solid waster per day per acre equating to 500 pounds per day. • Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $70,650 in tipping fees will be paid to dispose of 1,570 tons of solid waste annually. • H. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized to determine the fiscal impacts of residential rezoning requests. The applicant will meet the financial requirements of the D.I.M. SCHOOLS Public schools which are located in proximity to the site include Armel Elementary School, Admiral Richard E. Byrd Middle School, and Millbrook High School. The proposed development will likely contribute between 100 and 200 students to the K-12 school system. The Frederick County Capital Facilities Impact Model calculates a projected capital cost for school construction impacts attributable to residential development. The owner agrees to proffer a monetary contribution to the local school system. See the attached Proffer Statement 7 IMPACT ANALYSIS *TEMENT • Madison Village - TM# 64-A-18 EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Millwood Station Fire and Rescue Company 21 located at 250 Costello Drive. The Frederick County Capital Facilities Impact Model calculates a projected capital cost for emergency service facilities attributable to residential development. The owner recognizes the importance of emergency services, and agrees to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates a projected capital cost for additional recreation facilities needed to serve residential developments. The owner recognizes the importance of parks and recreation amenities, and agrees to proffer a monetary contribution to the county for development of parks and recreation facilities. See the attached Proffer Statement. GENERAL GOVERNMENT FACILITES The Frederick County Capital Facilities Impact Model calculates a projected capital cost for additional general government facilities needed to serve residential developments. The owner agrees to proffer a monetary contribution to the local government. See the attached Proffer Statement. •LIBRARY The Frederick County Capital Facilities Impact Model calculates a projected capital cost for additional library facilities needed to serve residential developments. The owner agrees to proffer a monetary contribution to the local library system. See the attached Proffer Statement. C] E:3 • IMPACT ANALYSIS *TEMENT • Madison Village - TM# 64-A-18 I. HISTORIC SITES AND STRUCTURES This site contains no "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County. The survey lists three structures within approximately one mile of the site. These structures are shown below. 0 IMPACT ANALYSIS *TEMENT Madison Village - TM# 64-A-18 n •J. CIVIL WAR BATTLEFIELDS A copy of the Civil War Battlefields and Sites map has been included below. The subject parcel does not lie within any defined Civil War Battlefield sites. Year Civil Wae• Battlefields I 1962.First Winchester 2 1862 First Kernstown 3 1863 Stephenson Depot 4 IS63 Second Winchester 5 1864 Third Winchester 6 IS64 'third Winchester 7 IY64 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernstown Sites (Fortifications) 10 Parkins Mill Battery 11 1864 Winter Line 12 Carriesbrooke Redoubt 13 1lillandale Works 14 19th Corps Entrenchments 15 Star Fort 16 Fort Collier 17/,ig-lag `rrenches Civil War Sites Civil War Baltlerieids cr W A/Va �\,Batdefields And i.tes (As Defined by the BPS ahenandoah Valley Civil War SiteE Study) I`ndai<: Cwt—� on('ompec4 11'�:u vay ".1', Cramp-U4,., ar1'it`Wi 4Ik:.b(rl:�Fs 10+YX. U Wioc7�v.�ei, Yririuia �:WI 1t'V; \t'('n l'I(ktri:al(T:.1'A l;t :.IO•M15!+•!5�I .ltpluu+• 't�7 0 • Executive Summary The Madison Village Development Project is requesting rezoning of 51.33 +/- acres from Rural Agriculture to RP Residential Performance and B-2 Business for the development of 480 apartments, 160 townhouses, and 107,000 sq. ft. (gross floor area) of retail shopping. This change will contribute additional traffic into the roadway network, therefore this Traffic Impact Study was prepared to evaluate those traffic impacts. The Frederick County Comprehensive Plan; Senseny/Eastern Frederick Urban Area Plan designates the property's future land use as high density residential. The current zoning surrounding the property is Residential Performance to the north, south and east. To the west the zoning is Rural Agriculture. Two nearby developments that have been rezoned but not yet built were included in the background traffic evaluation. These are the Russell 150 project and the Freedom Manor project. To achieve acceptable traffic operations in the 2026 design year, the following improvements are recommended: 1. A traffic signal at the intersection of the site entrance and Front Royal Pike. 2. A southbound right turn lane on Front Royal Pike at the entrance. • 3. A northbound left turn lane from Front Royal Pike at the entrance. 4. An eastbound dual left turn lanes at the site entrance. 5. A round -a -bout at the entrance to the commercial areas. Even with these improvements the level of service for the NB left turn movement into the site drops to D in the design year 2026. However, other planned transportation improvements in the area such as East Tevis Street and Warrior Drive will be taking traffic from Front Royal Pike prior to 2026. It is the professional opinion of this author that this level of service will increase with the completion of these other projects. Therefore, with the above listed improvements in place, the transportation impacts of this rezoning are believed to be manageable and acceptable for this project setting. 0 • 0 Table of Contents Executive Summary......................................................... Introduction.................................................................... Purpose....................................................................... StudyObjectives......................................................... Background Information ................................................. Transportation Improvements Assumed .................... Transportation Improvements Planned ...................... Development Description ............................................... SiteLocation................................................................ Description of the Parcel ............................................. General Terrain Features ........................................ Location within Jurisdiction and Region ................. Comprehensive Plan Recommendations .................... CurrentZoning............................................................ Study Area Description................................................... StudyArea................................................................... Proposed and Existing Uses ............................................ ExistingUse................................................................. Proposed Uses & Access ............................................. NearbyUses................................................................ Existing Roadways....................................................... Existing Traffic Conditions 2012...................................... DataCollection............................................................ Analysis....................................................................... Background Traffic Conditions (2020) ............................ Analysis........................................................................... Trip Generation & Distribution ....................................... TripGeneration........................................................... TripDistribution.......................................................... 2020 Build -out Conditions .............................................. Analysis....................................................................... .............................................................................. i ......................................................................I......1 ..............................................................................1 ..............................................................................1 .............................................................................. 1 ............................................................. I ......... 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I............. 14 ............................................................................14 ............................................................................15 ................................................................... 20 ......................................................................... 20 • • 0 RecommendedRoadway Improvements.................................................................................................... 24 DesignYear (2026)...................................................................................................................................... 26 Analysis................................................................................................................................................... 26 QueueAnalysis............................................................................................................................................ 30 Pedestrianand Bicycle Traffic..................................................................................................................... 30 Conclusions................................................................................................................................................. 30 Appendices Appendix A Traffic Count Data Appendix B Synchro LOS and Queue Reports Appendix C HCS Multi -Lane Highway Appendix D Pre -Scope of Work Meeting Form Appendix E Cost Estimate Appendix F Traffic Volume Computations • Introduction Purpose This Traffic Impact Study has been prepared to support the request for the rezoning of the property known as Madison Village Development. The project will create 480 apartments, 160 townhouses and 107,000 sq. ft. (gross floor area) of retail shopping. Study Objectives The objectives of this study are to determine: 1. The impacts on traffic operations that may occur within the study area as a result of constructing this project. 2. Future connectivity to pedestrian and bicycle facilities that may result from the construction of the project. Background Information Transportation Improvements Assumed One transportation improvement near the proposed project has been assumed to be in place prior to the project getting under way. It is the extension of East Tevis Street to its connection with Route 522. Transportation Improvements Planned A review of the VDOT Six year Improvement Plan showed one planned construction project in the vicinity of this proposed rezoning, the East Tevis Street project. A review of the 2012/13 — 2017/18 Secondary Road Improvement Plan for Frederick County, VA showed one planned roadway improvement in the vicinity of this project; the east Tevis Street project. East Tevis Street is planned to connect Pleasant Valley Road in Winchester to Front Royal Pike about miles north of this project. The schedule for the East Tevis Street is undefined in either plan. Development Description Site Location The subject property is located west of US Route 522 (Front Royal Pike), south of Airport Road, and north of Papermill Road. Figure 1 shows the location of the project and the outline of the property. • • Figure 1 Project Location Map (n.t.s.) • Description of the Parcel The property on which the Madison Village Development is planned is a 56.33+ acre tract with frontage on Route 522. A rezoning is being sought for 51.33 of the 56.33 acres. General Terrain Features The site and surrounding areas have rolling grades with slopes that drain to the east. Route 522 runs north -south adjacent to the eastern property boundary of the rezoning area. Location within Jurisdiction and Region The subject property is located in the Shawnee magisterial district, Frederick County, VA. Comprehensive Plan Recommendations The 2030 Frederick County Comprehensive Plan and Senseny/Eastern Frederick Urban Area Plan calls for the subject property to be developed with high density residential uses. Surrounding properties are designated as high density residential use to the north and west, and residential uses to the east and south. The property is located within the Sewer and Water Service Area and the Urban Development Area. Figure 2A highlights the subject property on the Senseny/Eastern Frederick Urban Area land use plan. 0 • • • The Senseny/Eastern Frederick Urban Area Plan also shows a north -south major collector roadway just west of this property with a parallel multi -use trail. Figure 2B highlights the subject property on the Senseny/Eastern Frederick Urban Area Transportation Plan. 1�1 Figure 2A Senseny/Eastern Frederick Urban Area Land Use Plan (n.t.s.) KI • • Curreni The curre Performai west the I U ,�' ����� i' 1. .. ... All ♦ € ♦/.' 41 t' PROJECT LOCATION • Figure 26 Senseny/Eastern Frederick Urban Area Transportation Plan (n.t.s.) LJ C, 61 (84AMss. NOghboMwd DistncO 82 (Iius R, (ian . INstrisl) M 81(Pl'm :. umu 117ra w— Mvod) ® EM (E.I o iv Manulallunng DWW) HE (Highs Education O10id) Mt (Industrial. Ugta Olshid) M2 (Inoustnal, General OW W) Mlit ;MIX�iNa H<wnr Cnlmnmay (hmnt) Mg (Medical SuMon DmWct) OM (Off— - Manuladuing N(k) R6 1Re de bal Planned Communay Dist11C1) ® R5 (Resid- ial R.euea!ional C-11-My D SIWi Rh (Rural A— Ms:lid( RP (ReSldenliai Pedennance DOICII Study Area Description Study Area For the purposes of this Traffic Impact Study, the study area is limited to the intersection of the proposed project entrance road with Route 522. There are no additional major intersections within 2000 feet of the site. Proposed and Existing Uses Existing Use The existing site is vacant land except for one house. Proposed Uses & Access The proposed use for the property is housing and specialty retail. Access to the site will be provided via a new east -west roadway which will intersect with Route 522. • Nearby Uses The existing land uses near the proposed site are: • North —vacant land • West —vacant land and 1-81 • South — limited housing and Shenandoah Memorial Park • East - housing Existing Roadways Figure 4 shows the existing roadways near the subject property. The typical section for Route 522 adjacent to the project is a 5-lane paved surface with a mountable curb & gutter. Future Transportation Improvements The subject property is located in the Virginia Department of Transportation's Staunton District, and Edinburg Residency area of responsibility. A review of the VDOT Six year Improvement Plan showed one planned construction project in the vicinity of this proposed rezoning, the East Tevis Street project. A review of the 2012/13 — 2017/18 Secondary Road Improvement Plan for Frederick County, VA showed one planned roadway improvement in the vicinity of this project; the east Tevis Street project. East Tevis Street is planned to connect Pleasant Valley Road in Winchester to Front Royal Pike about %: miles north of this project. The schedule for the East Tevis Street is undefined in either plan. E 0 • Site or y ROda 0 c LL Proposed Site I,4.�Entrance Grindstone Way 11 Figure 4 Existing Roadway Network and Images Madison Village, Frederick County 7 • • • • Existing Traffic Conditions 2012 Data Collection To analyze the existing traffic conditions, AM and PM traffic volumes were counted on Route 522 along the project frontage. These counts are included in Appendix A of this report. A'K factor' was applied to the PM peak hour volumes to obtain the average annual daily traffic (AADT). The 'k' factor of 0.084 and percent trucks of 12% was obtained from the VDOT Daily Traffic Volume Estimates for 2011. Analysis Since there is not an existing intersection at the point being analyzed, traffic conditions were analyzed using the HCS Multi -Lane Highway traffic modeling software. The existing AM and PM peak hour traffic volumes are shown in figure 5, the existing lane geometry and levels of service are shown in figure 6, and the modeling results (levels of service) are shown in tabular form in Table 1. • i 8 • • 0 • i 0 0 0 • Table 12012 Existing levels of Service Type of AM Peak Hour PM Peak Hour Intersection Control Delay Queue Delay Queue LOS (sec) (feet) LOS (sec) (feet) North -South: Front Royal Pike (US 522) none NB Thru A A SB Thru A A • • 11 0 • Background Traffic Conditions (2020) Background traffic conditions are those that are expected to exist without the proposed rezoning and associated development. These were established by increasing the existing 2012 traffic volume by 0.5% per year to the build -out year of 2020. The growth factor of 0.5% was determined by VDOT Staunton District Planning staff and is based on the historical and anticipated growth in traffic volumes in the project area. The roadway network in the study area is unchanged from the Existing Conditions (2012 conditions). • • Two other development projects in the vicinity of this project have been rezoned, but not yet constructed, and therefore were included in the background traffic volumes. The traffic associated with the freedom Manor project was obtained from the ITE Trip Generation manual and the traffic for the Russell 150 project came from the approved Traffic Impact Analysis for the project dated 11/1/2004, prepared by Patton Harris Rust & Associates. The result is shown in Table 2. Table 2 Other Developments Contributing to Background Traffic Avg. AM Peak Hour PM Peak Hour Land Use ITE Code Amount Daily Trips In Out Total In Out Total Freedom Manor Single Family Detached Residence 210 70 749 15 44 58 49 29 78 Russell 150 Retail (per 1000 sq ft) 820 440 17,802 232 148 381 800 866 1,666 Office Park (per 1000 sq ft) 710 264 2,817 359 49 408 52 322 374 Townhouse/Condo 230 294 2,558 21 101 122 1 98 48 146 Total Trips from Other Developments 23,926 627 343 969 1 999 1,265 2,264 Trips from Other Developments on Route 522 at Madison Village Entrance AM Peak Hour PM Peak Hour Northbound 129 212 Southbound 79 260 Analysis Since there is not an existing intersection, the 2020 Background traffic conditions were analyzed using the HCS Multi -Lane traffic modeling software. The AM and PM peak hour traffic volumes are shown in Figure 7, and the lane geometry and level of service are shown in Figure 8. The modeling results (level of service) are tabulated in Table 3. 12 • • 0 9 • Ll 0 0 0 171 • Table 3 2020 Background Level of Service AM Peak Hour PM Peak Hour Type of Intersection Control LOSet) �Delayue LOS Delay Queue (sec) (feet) North -South: Front Royal Pike (US 522) none NB Thru A A SB Thru A A 15 0 0 Trip Generation & Distribution Trip Generation Trip generation for the project uses was developed using Trip Gen 2013 based on the 9"' edition of the ITE Trip Generation Manual. The peak traffic volumes on the adjacent streets for the AM and PM periods were used with apartment and townhouse uses and the peak hour generator rates were used for the specialty retail land uses to arrive at the traffic volumes. For the townhouses, 80% of the traffic was generated using the VDOT Staunton District trip generation spreadsheet, and the remaining 20% was generated from the TripGen 2013 ITE Trip Generation rates. Land uses and trips generated are summarized in Table 4. The percentage of heavy vehicles was estimated at 2% based on the ITE Trip Generation Handbook data. Internal Capture trips are those "captured" within a mixed use development. With the mixture of housing and retail uses, internal capture rates were computed as follows: • For the AM peak hour, the smaller of 5% residential or 5% retail trips generated; • For the PM peak hour, the smaller of 10% residential or 10% retail trips generated; • For 24 hour traffic, the smaller of 15% residential or 15% retail trips generated. These computations and the assignment of the values are shown in Table 4. Pass -by trip reductions accounts for site trips drawn from the existing traffic stream on an adjacent street, recognizing that trips drawn to the site would otherwise already be on the adjacent street regardless of the development's existence. Pass -by trip reduction allows a percentage reduction in the trips associated with retail uses. While VDOT Traffic Impact Analysis Regulations call for the pass -by rates used to be those reported in the ITE Trip Generation Handbook, the Handbook does not contain a • pass -by rate for land use 814, Specialty Retail. To acquire a pass -by rate, a number of similar retail uses were examined in the Handbook and the pass -by rate of 25% was selected as representative of Specialty retail. The pass -by trip reduction computations are shown in Table 4. Table 4 Trip Generation Avg. AM Peak Hour PM Peak Hour Land Use ITE Code Amount Daily Trips In Out Total In Out Total Apartments 220 480 3,192 48 197 245 192 106 298 80% Townhouses (VDOT trip gen rate) 230 128 1,043 18 63 81 67 38 104 20% Townhouses (ITE trip gen rate) 230 32 186 2 12 14 11 6 17 Specialty Retail Center 5 ac 826 107 4,742 351 381 732 301 236 537 Gross New Trips 640 9,163 419 653 1,072 571 386 956 Internal Capture Trips Residential -663 -6 -11 -17 -25 -17 -42 Retail Pass -by Trip Reduction 25% 826 107 1186 -88 -95 -183 -75 -59 -134 Total New Trips 7,314 325 547 872 470 310 780 5% 10% 15% of of of 16 0 0 • Trip Distribution Trips generated by the development were assigned to the roadway network based on a distribution developed with representatives from VDOT and Frederick County during the scoping meeting. All new trips are planned to pass through the project entrance at Front Royal Pike, while the commercial related trips will depart from the main roadway at the round -a -bout. The trip distribution percentages are shown in figure 9 and the assignment of the new AM and PM peak hour trips is shown in figure 10. • 17 0 0 0 0 • • 0 • 0 • 0 2020 Build -out Conditions without Improvements The 2020 build -out conditions combine the background traffic for the year 2020, and the traffic that is forecasted to result from the development of this project. The total of this traffic is called the build -out condition and is forecasted to occur in the year 2020. Analysis The 2020 Build -out AM and PM peak hour intersection turning movements were analyzed using the Synchro 8.0 traffic modeling software. The AM and PM peak hour traffic volumes are shown in Figure 11, and the lane geometry and level of service are shown in Figure 12. The modeling results (levels of service, delay and 95% queue) are tabulated in Table 5. • • 20 • 1] 0 0 0 0 • 0 • 0 Table 5 2020 Build -out Level of Service, Delay, and 95% Queue Length AM Peak Hour PM Peak Hour Tye of Intersection Cop trot Approach LOS Delay Queue Approach LOS Delay Queue LOS (sec) (ft) LOS (sec) (ft) • • NB LT B 11.1 26 C 22.4 91 North -South: Front Royal Pike Stop Sign NB Thru (US 522) SB Thru SB RT See See EB LT F F 505.9 398 F F note 1 note 1 EB RT B 14.4 63 C 17.5 51 NB A 9.8 A 6.2 East-West: Site Entrance WB A 7.8 B 10.4 North -South: Commercial Round -a- SB A 7.1 A 7.5 Entrances Bout EB B 10.5 A 6.7 1. Due to the severity of the movement failure, these values were not computed by the modeling software. 23 • • Recommended Roadway Improvements Due to the volume of traffic being generated by the development, the intersection at the site entrance fails (level of service F) without a traffic signal. To achieve acceptable traffic operations in 2020 at Build Out and 2026 in the design year, the following improvements are recommended: 1. A traffic signal at the intersection of the site entrance and Front Royal Pike. 2. A southbound right turn lane on Front Royal Pike at the entrance. 3. A northbound left turn lane from Front Royal Pike to the entrance. 4. An eastbound dual left turn lane at the site entrance. 5. A round -a -bout at the entrance to the commercial areas. Although an analysis of the round -a -bout was not scoped for this project, an analysis was performed within Synchro to evaluate the westbound entrance traffic transitioning from two lanes to one lane prior to the round -a -bout. The Build out and design year analysis indicate no problems, and a visual review in Sim -Traffic also showed no problems with this transition. Even with these improvements the level of service for the NB left turn movement into the site drops to D in the design year 2026. However, other planned transportation improvements in the area such as East Tevis Street and Warrior Drive will be taking traffic from Front Royal Pike prior to 2026. It is the professional opinion of this author that this level of service will increase with the completion of these other projects. Therefore, with the improvements recommended in this report, the transportation • impacts of this rezoning are believed to be manageable and acceptable for this project setting. The levels of service resulting from these improvements are shown in figure 13. • 24 0 0 9 INSTALL TRAFFIC SIGNAL AT ENTRANCE mo � NOT TO SCALE 0 W AM Peak Hour (PM Peak Hour) Figure 13 2020 Build -out Lane Configuration and Level of Service w/ Improvements Madison Village, Frederick County &I f� �J • Design Year (2026) The design year for the project is six years beyond the completion of the project, which in this case is the year 2026. Analysis The 2026 Design Year AM and PM peak hour intersection turning movements were analyzed using the Synchro 8.0 traffic modeling software. AM and PM peak hour traffic volumes are shown in Figure 14, and the lane geometry and level of service are shown in Figure 15. The modeling results (levels of service, delay and 95% queue) are tabulated in Table 6. • • 26 0 • Table 6 2026 Design Year Level of Service, Delay, and 95% Queue Length AM Peak Hour PM Peak Hour Intersection Type of Control Intersection Approach LOS Delay Queue Intersection Approach LOS Delay Queue LOS LOS (sec) (feet) LOS LOS (sec) (feet) NB LT C 23.8 136 D 5.0 242 North -South: Front Royal Pike (US none NB Thru B A 6.9 112 B A 38.6 121 522) SB Thru B B C 20.2 152 B C C 23.6 316 SB RT B 15.9 44 B 14.8 94 EB LT B C 20.4 101 C C 29.1 81 EB RT B 18.6 52 C 27.2 51 NB A 9.8 A 6.4 East-West: Site Entrance WB A 7.8 B 10.5 North -South: Commercial Round -a- SB A 7.1 A 7.7 Entrances Bout EB B 10.5 A 6.8 •I 29 0 • • Queue Analysis At a signalized intersection, a queue forms while vehicles wait to advance. An analysis was performed to evaluate the back of the queue for the 50en and 95u, percentile of the queue. The 50u, percentile maximum queue is the maximum back of queue on a typical traffic signal cycle. The 95m percentile maximum queue is the maximum back of queue with 95th percentile traffic volumes when traffic does not move for two signal cycles. The queues associated with the 95"' percentile maximum queue are shown in Tables 5 and 6. As traffic volumes increase over time, the queue associated with left turning movements will increase as will the queue associated with the thru movement that opposes the left turn movement. This is reflected in the Design Year analysis. Pedestrian and Bicycle Traffic To identify any previously planned pedestrian and/or bicycle facilities in the project area, the Senseny/Eastern Frederick Urban Area Transportation Plan was reviewed. The plan shows a proposed multi -use trial to the west of the Madison Village property (see figure 26). Provisions will be made for a future connection to this and other off -site trails which may come to the site. Additionally, within the development, facilities will be provided to accommodate bicycle and pedestrian movements, and a . multi -us trail is planned along Route 522 at the east side of the project. • Conclusions The Madison Village Development rezoning will contribute additional traffic into intersections along Front Royal Pike. A traffic signal is required at the entrance to the site, along with the associated turn lanes and pavement markings, to manage the traffic associated with the development. Even with these improvements the level of service for the NB left turn movement into the site drops to D in the design year 2026. However, other planned transportation improvements in the area such as East Tevis Street and Warrior Drive will be taking traffic from Front Royal Pike prior to 2026. It is the professional opinion of this author that this level of service will increase with the completion of these other projects. Therefore, with the improvements recommended in this report, the transportation impacts of this rezoning are believed to be manageable and acceptable for this project setting. 30 John Lewis 40 Page 1 of. From: ont: Cc: Tim Stowe [timstowe@stowecompanies.com] Wednesday, July 03, 2013 8:20 AM 'Smith, Matthew, P.E. (VDOT)'; 'Bishop, John. (VDOT)' mcheran@co.frederick.va.us; 'John Lewis'; 'Short, Terry (VDOT)'; 'Ingram, Lloyd (VDOT)'; 'Ge, Ruixin (VDOT)'; Rhonda Funkhouser Subject: RE: TIA & Rezoning for Madison Village, Parcel TM# 64-A-18, Route 522 - Frederick County Attachments: Madison Village Traffic Study.zip Matt, As requested I have reviewed and considered the review comments you provided in your email on June 11, 2013, and I offer the following responses. 1. The AADT and Truck percentage inputs to the HCS+ model were not correct for all scenarios. Please correct and update all related tables and figures. Response - The AADT and Truck percentages have been reviewed and updated where needed. The truck percentages on Route 522 are 12% as documented in the report. For all other roadways, a 2% truck percentage was used based on ITE Trip Generation Handbook data for retail developments. Text discussing the origin and usE of this 2% value has been added to the report text. 2. Referencing Figure 7 and 8, the traffic volumes on the side streets should also be updated to the 2020 scenario. Response - In a meeting with Richard Ge on June 25 it was found that this comment was making reference to the route numbers that were shown on the side streets, not a traffic volume. The route numbers have been removed to avoid future confusion. 3. Referencing Table 4 on Page 16, no explanation is provided regarding why 107k sq ft was used for Specialty Retail Center. Is that the leasable area? Also, the trip generation results are not correct based on ITE (gth Edition) rates. Response — The description of the retail area has been updated as requested to reflect the 107 sq. ft. as the gross leasable area. Also, TripGen 2013 software was used to update the trip generation data. TripGen 2013 uses data from the 9rh edition of the ITE Trip Generation Manual. 4. Figure 10 on Page 19; please provide trip distribution information within the site. Response - The requested distribution has been added to this figure. 5. Figure 12 on Page 22, the lane configuration at the entrance intersection is not consistent with the Synchro model. Please correct. Response — This has been updated. 6. Please include a signal warrant analysis to justify the proposed signalization of the entrance intersection. Response - As discussed and agreed to in the meeting on June 25, the signal warrant study will be needed at a later time, after the project is open to traffic. The proffers will be modified to reflect the developer's responsibility for this analysis when he is notified by VDOT of the need. 7. Table 5 on Page 23 shows that the eastbound left -turn at the entrance intersection has -1 second delay during both AM and PM peak. Please check the model and correct. Response — This has been updated. 8. Referencing Table 5 and 6, overall intersection performances and approach performances need to be included in the tables. Response — Table 5 has been updated to show the approach LOS, but since this is an unsignalized analysis, there is no intersection LOS to show. Table 6 has been updated to show the approach and intersection LOS. (� Bike and Pedestrian facilities are recommended along Route 522 frontage. Response — a multi -use trail is planned along Route 522 as was previously and is currently indicated in the proffers and cost estimate. 7/3/2013 40 Page 2 of io. Please provide a prelir iary cost estimates for the proposed improvements. Response — A cost estimate was previously included in Appendix E of the Traffic Impact Study submittal. The cost estimate has been updated and is in Appendix E. l:opies of the updated Traffic Impact Study and its appendices are being sent to via snail mail this date; one set for our records and one set for the District Planning staff. I am also providing a CDROM containing the updated Synchro and I-ICS files. All of these data files, as well as the report and its appendices, are attached. Please provide your acceptance of this study at your earliest possible convenience. Tim Stowe Stowe Engineering, PLC 540.336.0656 From: Funkhouser, Rhonda (VDOT) [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Smith, Matthew, P.E. (VDOT) Sent: Tuesday, June 11, 2013 1:39 PM To: Bishop, John. (VDOT) Cc: 'mcheran@co.frederick.va.us'; Tim Stowe; John Lewis; Short, Terry (VDOT); Ingram, Lloyd (VDOT) Subject: TIA & Rezoning for Madison Village, Parcel TM# 64-A-18, Route 522 - Frederick County Our District Planning Section has completed their review of the subject study and rezoning and offers the following comments for your review and consideration: • The AADT and Truck percentage inputs to the HCS+ model were not correct for all scenarios. Please correct and •update all related tables and figures. • Referencing Figure 7 and 8, the traffic volumes on the side streets should also be updated to the 2020 scenario. • Referencing Table 4 on Page 16, no explanation is provided regarding why 107k sq ft was used for Specialty Retail Center. Is that the leasable area? Also, the trip generation results are not correct based on ITE (8`h Edition) rates. • Figure 10 on Page 19; please provide trip distribution information within the site. • Figure 12 on Page 22, the lane configuration at the entrance intersection is not consistent with the Synchro model. Please correct. • Please include a signal warrant analysis to justify the proposed signalization of the entrance intersection. • Table 5 on Page 23 shows that the eastbound left -turn at the entrance intersection has -1 second delay during both AM and PM peak. Please check the model and correct. • Referencing Table 5 and 6, overall intersection performances and approach performances need to be included in the tables. • Bike and Pedestrian facilities are recommended along Route 522 frontage. • Please provide a preliminary cost estimates for the proposed improvements. Should you have any questions, please feel free to give me a call. Matthew B. Smith, P.E. Area Land We Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 7/3 /2013 REZONING APPLi , ION Madison Property - TM# 64-A-18 • 9. Traffic Impact Analysis 0 (0 i 0 ay...... r-roperry meal tstate uog l ags Nay Narking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2013 REAL ESTATE D t/T; lc +-a RE2013 / 23 ep tc e T 6920001 Frequency 1 Supplement# 0 Name MADISON FARMS LLC Map# 64 A 18 Account# 20627 Name 2 Bill Date 04/12/2013 Acreage 51.260 Address 558 BENNYS BEACH RD Due Date 06/05/2013 Improvements $0.00 FRONT ROYAL VA Desc 51.26 ACRES Land Value 5456 800 00 Zip 22630 6963 Penalty Paid O ginal Bill S1,336.14 So.00 Interest Paid $0.00 Current Payment Status Payments Principle Balance Due Penalty ($1,336.14) $0.00 $0.00 Land Use S0.00 Minerals So.00 Last Transaction Date 06/10/2013 Interest Balance Due $0.00 S0.00 Transaction History Date Type Transaction# Amount Balance 4/12/2013 Char0e 0 S1,336.14 51,336.14 6/7/2013 Principle Paid 14542 (S1,336.14) S0.00 Previous 1 https://taxes.co.frederick.va.us/applications/tr pavtaxes/RE-Detail.asnx '"7 / 1 C /n !1 In J U L 2 3 2013 PI AMP • • 0 so Untitled Page ft i Page 1 of 1 Frederick Ilome Frederick County VIhbll1*Cl /7�r._,ri rZtl &11' ' Pray/Look.up Taxes Note: Use the print key foryour browser to print a copy ol'the screen at any time. Payment Home Personal Property Real Estate ShoppingCarl(0) Pin Options Change Email Other Taxes Real Estate Ticket Detail Previous 2012 REAL ESTATE TAXES Dept[I ickct$ RE2012 / 203720001 Frequency 1 Nance MADISON FARMS LLC Maps/ 64 A 18 Nance 2 Bill Date 05/09/2012 Address 558 BENNYS BEACH RD DOC Dale 06/15/2012 FRONT ROYAL VA Desc 56.33 ACRES Zip 22630 6963 Penally Paid Orginal Bill $1,716.39 Date 5/9/2012 s/3/2012 • s/s/2012 s/s/2o 12 • 1.64 Interest Paid $31.47 Current Payment Status Payments Principal Balance Due Penally ($1,716.39) $0.00 $0.00 Transaction History Type 1'ransaction/1 Charge 0 Principle Paid 1761 Interest Paid 1761 Penalty Paid 1761 Previous Supplcmcntil 0 Account// 20627 Acreage 56.330 Improvements $83,000.00 Land Vallee $503,800.00 Land Use $0.00 Minerals $0.00 Last Transaction Dale 08/08/2012 Interest $0.00 Amount $1,716.39 ($1,716.39) $3 L47 $171.64 Balance Due $0.00 Balance $1,716.39 $0.00 $0.00 $0.00 httnc //taxt'c rn frrrlr'rir.k va nc/annlir.atinnc/tr 1 1 /14/?nl 0 0 7563-9992 EBY/cmj CU O x ca 0 o N 0 0 0 o w r- 0o O i U IO O 00 00 ¢i W v1 en q vn " " In • i F W 0 U IJ c O U U S 0 0 V) N 9 120001504 THIS DEED, made and dated this 16`h day of February 2012 by and between Manfred G. Kokorshy, hereinafter called the Grantor, and Madison Farms, LLC, a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot 1, containing 51.2605 acres, more or less, and more particularly described on that plat and survey entitled "Minor Rural Subdivision of the property of Manfred G. Kokorsky", prepared by Elliott Ritchie, Jr.,, L.S., dated January 31, 2012 attached hereto and made a part hereof as if set out in full. AND BEING a portion of the property conveyed to Manfred G. Kokorsky by Deed from Dolores Jean Poling Hollenberg, et als, dated December 15, 1976 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 468, at Page 350. Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. • 0 • 0 C,j a-i WITNESS the following signature and seal: ! (SEAL) Manfred . Kokorsky Commonwealth of Virginia County of Frederick, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Manfred G. Kokorsky, whose names are signed to the foregoing Deed, dated this 16`h day of February 2012 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 16" day of February, 2012. >'i M JE` V * Notary Public R 2 r / VANDiESTER tiq AIRPORT r� P " SITE ` dip ,� � ✓ �' � � r� N ♦ "=- VICINITY MAP 1 "=2000' v APPROVED BY �F,F oia R COUNTY SANITAI N AUrHORITY UA It 1711 Z- VIRGINIA DCPAR I-MENT AN TATION UA it XREDERICK COUNIY.$UBD1Vf97ON ADMINISTRATOR OA OWNER'S CONSENT THE ABOVE AND FOREGOING MINOR RURAL SUBDIVISION AS APPEARS IN THE ACCOMPANYING PLATS, 1S WITH THE FREE CONSENT AND IN ACCORDANCE WTH THE DESIRES AND WISHES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND/OR TRUSTEES ANGY. %�lF lwa- -- l� =1 d 41 � MANFIVED G. KOK SKY NOTARY PUBLIC STATE OF S uTR CITY/COUNTY OF 1.���y�cln2S'tC% pP OF , ay THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS_ Q DAY OFLS ��```` P U .• ff+ 11 _ REG # � 1_ N K )61 = n = 7351593 �'. 1012 BY,M„, -tY' P P • o O fS 1 r I r ' COMMISSION NOTARY PUBLIC J� MYCOMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVSION IS THE SAME LAND CONVEYED TO MANFRED G. KOKORSKY BY DEED DATED 15 DECEMBER, 1976 AND RECORDED IN DEED BOOK 468 AT PACE J50 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREOERICK COUNTY, VIRGINIA. M/NOR RURAL SUBDIVISIONOF THE PROPERTY OF MANFRED G. KOKORSKYSHAWNEE eDA5 MAGISTERIAL DISTRICT FREDERICK COUNTYWRGINIA DA TE.• ✓ANUARY X, 2012 1201007-Kokofsk -AIRS SHEET 1 OF 3 ME PAINTER-LEWIS, P.L.C. 116 North Braddock Street Telephone (540) 662-5792 WE Winchester, Virginia 22601 Facsimile (540) 662-5793 °ENONOMONs Email: office®painterlewis.com 0 c� • C TM 63-A-1233A N/F EFG INVESTMENTS, LLC \ (D8 968 PG 354) ZONED: RA ` 1469.35' - - USE: AGRICULTURAL \ N 85�8�.�r-E�...-�-�'� NAIL FOUND IN�- OSACf ORANGE rRff— — — — —I L3 IRS ILS 50_0R%L \ EX 20' PER100 MANENT mII I y� \I \ LOT 1 WATER EASEMENT I 5 ' \ 51.2605 ACRES TM 64-A-T6 CENTERED ON WATER LINE I \ (ADJUSPED AREA) N/F MICHAEL P. HOCKMAN (DO 786 PG 1732) JI I > a \ TM 64-A-18 (OB 649 PC 734) RS IRS m 4 ZONED: RA ��6 L5 931 \ 56.2605 ACRES USE: RESIDENTIAL �� \ (ORIGINAL AREA) / S � o \ ZONED: RA x USE: AGRICULURAL / i 1 \ // EX. 10' SHENANDOAH 1 \ 24" HICKORY GAS COMPANY EASEMENT IRS #� (06 659 PC t/ I �\ \ \ '-bp2O9'�` \, )RS / IRS TM 63-A-124 A_ \ /fig 1j / I L 12 r- L 14 N/F EFC INVESTMENTS, LLC 4` \ �� ��/ /, BRLT L 13 1R L IS (DO 955 PG 724) BfiU IRF ZONED: RA USE: AGRICULTURAL ` / Q \ / b, .0000 ACRE\l= yam'%IIi� TM ONNED: R 18 DN�1�� y g USE: BESIOE 4W— IRS 3f ji J I ✓JL jg 'wrL21 z- - TM 64D-A-4 �1:4� t N/F CLEVEIAND MICHAEL TURNER It (INSTR. 1040009840) � ' 16 rw t ZONED: RP - USE: RESIDENTIAL I IM 64-A-12 N/F RUSSELL 150, LLC (INSTR. 1040026622) ZONED: RP/82 USE: VACANT TM 64-A-14 1 N/F MICHAEL S. SHEPARD I k CHERYL SHEPARD (INSTR. )030000500) ZONED: 82 USE: RESIDENTIAL TM 64-A-15 N/F MICHAEL S. SHEPARD J: CHERYL SHEPARD (INSTR. 1030000501) ZONED: 32 USE: RESIDENTIAL 350.33 IRS 5 j3ro ` TM 64-A-21 IRF A N/F OUBRUELER ENTERPRISES LLC IM 644--A-17 TM 64OD--A-2 (INSTR. 1050023985) N/F ESSE WILLARD RILEY, JR. N/F LUCIEN M. GRIMM ZONED: RA - USE: AGRICULTURAL (INSTR. j060008987) (INSTR 1030026387) ZONED: RA - USE: RESIDENTIAL ZONED: RP - USE: RESIDENTIAL GRAPHIC SCALE QB pD 300 0 150 300 6co TM 64D-A-1 N/F LUCIEN M. GRIMM TM 64D-A-3 N/F CLEVELAND MICHAEL TURNER (INSTR. j030026387) (INSTR p30004123) 1 inch = 300 ft. ZONED: RP - USE: RESIDENTIAL ZONED: RP - USE: RESIDENTIAL MINOR RURAL SUBDIVISION OF THE PROPERTY OF MANFRED G. KOKORSKY SHAWNEE MAGISTERIAL 0/STRICT FREDERICK COUNTY, ORGINIA DATE- ✓ANUARY 31, 2012 SCALE.- 1"--JOO' WDAS 'fa pp DSHEET 2 OF 3 PAINTER- LEWIS, P. L. C. 116 North Braddock Street Telephone (540) 662-5792 WE Winchester, Virginia 22601 Facsimile (540) 662-5793 n4M Email: office®painterlewis.com EGEND � IF - I ROD SET / EX 20' PERMANENT IRF - IRON ROD FOUND WATER EASEMENT-- ta BRL- BUILDNGRON FOUND RESTRICTION LI� a 2}4p� / CENTERED PG 1732)UNE j -j 1'l / EP 421i ~ / 50 BRL S pp�p P� L IO lRS N 4�P�ppP� 6P IRS L 12 IRF �• O t y� , TM 64-A-17 N/F JESSE WILLARD RILEY, JR. A' �� V ZONED: INRA - USE: RESIDENTIALty� / LOT 1/ IRS 5(ADNDA ACRES / 100' BRL !RF FRAME 15 IRS AIRF 15 TM 64-11-18 i A 4Qy 50' BRL BUILDING , 56.2605 ACRES / r �� I (ORIGINAL AREA) I ( z ZONED: RA I USE AGRICULTURAL FRAMED LOT 2 BUILDINGS 5.0000 ACRES TWO STORY �jj� I TM 64-A-18A FRAME BRICK y� ZONED: RA nfA� USE: RESIDENTIAL BUILDING DWELLING o / --- / 50' BRL — IRS r L I POST eTM60-A-1 NLUCIEN MGRAM - (INSTR. 1387) JI ZONE4. RP•USE RE50ETIAL� Z' —(6- TM 64D-S� 1030026387j POST N/F LUCIEN M. GRIMM ` // LI ZONED: RP - USE RESIDENTIAL TM 640-A-3 Lp0 POST N/F CLENELAMICHAEL TURNER - (IN ZONED: RPUSE RE9DEN11 1 4123) _ _ - - LINE TABLE IRS IINF I OC.,oi AREA TABULATION TM 640-A-4 N/F CLEVELAND MICHAEL TURNER ORIGINAL AREA (TM 64-A-18) 56.2605 ACRES (INSTR. 1040009840) NEW LOT 2 (TM 64-A-18A) - 5.0000 ACRES ZONED: RP USE: RESIDENTIAL LOT I (TVA 64-A-IB) = 51.2605 ACRES NO TES.- 1. NO 771L£ REPORT FURNISHED. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 2. PROPERTY IDENTIFICATION No. 64-A-18 J PARENT TRACT IS ZONED; RA. J BOUNDARY INFORMA77ON SHOWN HEREON 15 BASED UPON PLAT OF SURVEY EN77ALEO D/VISION SURVEY" DATED OCTOBER 29, 1968, PERFORMED BY LEE A. EBERT. LS AND RECORDED /N DEED 800K J48 AT PACE 289. 4. FIELD SURVEY CONDUCTED BY PAINTER-LEMS, PLC ON ✓ANUARY 25, 2012 5 THE PROPERTY SHOWN ON THIS PLAT IS LOCATED IN ZONE X', AS SHOWN ON F.EM.A FLOOD INSURANCE RATE MAP, COMMUNITY -PANEL NUMBER 51069CO218D, EFFECTIVE DATE OF SEPTEMBER 2, 2009. MINOR RURAL SUBDIVISION Op OF THE PROPERTY OF of MANFRED G. KOKORSKY SHAWNEE MAGISTERIAL DISTRICT FREDERICK U COUNTY, VIRGINIA DATE.• JANUARY JI, 2012 SCALE.• 1"--100' ELLIOTT RITCHIE, JR. GRAPHIC SCALE No.11318 100 50 100 200 4 C9ND SUT2`1E�� 1 inch 100 (t. - ?01007-Kokorsk -MRS SHEET 3 OF 3 OAS PAINTER-LEWIS P. L. C. 116 North Braddock Street Telephone (540) 662-5792 CONUXWinchester, Virginia 22601 Facsimile (540) 662-5793 wn Email: office®painterlewis.com CD w s-D 0 • V1RGiNIA: F}i, Df Rli:1: COUNTUCI'. This instrument of writin, was produced to me on and with ccrtilicatc icknm%-IL:d-cmcm thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $5V. 0 0, and 58.1-801 have been paid, if assessable. 4��a , Clerk • • O 0 C� 0 t it M r 00 u <z o z it U I O r, -t v u G > < z U C9 ci <E— 13000774G THIS DEED, made and dated this 19th day OF RIne, 2013, by and between and DAVID R. MADISON and RHONDA MADISON, his wife, parties of the first part, hereinafter called the Grantors; MADISON I1, L,LC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. RECITALS: WHEREAS, David R. Madison and Rhonda Madison are the sole members of Madison I1, LLC. a Virginia limited liability company, each member owning a fifty percent (50%) undivided interest in said limited liability company and desire to make this conveyance, which is exempt from recordation tax pursuant to 5 58.1-81 1(10) Code of Virginia, 1950 as amended. WITNESSETH: That for and in consideration of the sum of the benefits to accrue thereby, the sufficiency of which are hereby acknowledged, the Grantors do hereby grant and convey with special warranty of title, unto the Grantee, in fee simple absolute, all of following lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, and more particularly described as follows: Parcel One: All that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot 1, containing 51.2605 acres, more or less, and more particularly described on that plat and survey entitled "Minos- Rural Subdivision of the property of Manfi•cd G. Kokorsky", prepared by Elliott Ritchie, Jr., L.S. dated January 31, 2012, attached to that certain Deed of record in the Clerk's Office of the Circuit Court of Frederick County. Virginia as Instrument Number 120001504; AND BEING the same property conveyecl to David R. Madison and Rhonda Madison, his wife by Deed dated June 19, 2013 fi-om Madison Farms, LLC, a Virginia limited liability company, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia preceding this Deed. Tax Map 64- A-18 O CD G: 2013 Real Estate\13327 Madison\Deed - Madison 11 v2 0 0 O '0 Parcel Two: All that certain lot or parcel of land, lying and being situate in Opequon \Magisterial District, Frederick County, Virginia, located oil Fairfax Pile (Virginia Route 277), amounting to 149.0227 acres, more or less, as more particularly described on the plat and survey of Nlark D. Smith, L.S., dated July 19, 2004, attached to that certain Deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument Number 0400 14 196; AND BEING the same property conveyed to David R. Madison and Rhoncla \Madison, his wife by Deed dated June 19, 2013 from Madison Farms, LLC. a Virginia limited liability company, of record in the Clerk's Office of- the CirCUit Court of Frederick County, Virginia preceding this Deed. Tax Map 87- A-15 This conveyance is made subject to all rights o[ Way and restrictions of record affecting the subject property. WITNESS the following signatures and seals. / r . (SEAL) Davi/ R. MadXq q C01\41vfONWEALTI-I OF VIRGINIA, CITY OF WINCI-IESTFR, to -wit: 1 L t- Rll tic, Madison /k The foregoing instrument was acknowledged before me this day of' s , 2013, by David R. Madison and Rhonda Madison, his wife. My commission expires l r / RePistration No. _ J_ ' VIRGINIA: FREDERICK COUNTY, SCI'. This instrument of writing was produced to me on — � — /-3 at I �/ 2 %�"1 nth certificate of acknowledgement thereto annexed :a admitted to record. Tax imposed by Sec. 58.1-802 of i S Jand 58.1-801 have been paid, if assessable Clerk •�i —Madison fl v3 Notary v It REZONING APPLICATION Madison Property - TM# 64-A-18 5. Current Taxes Paid Record • 0 REZONING APPLICATION Madison Property - TM# 64-A-18 4. Parcel Deeds and Plats J U L 1 2 20i3 Document Approval Form PLEASE REVIENV THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS FOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUAlEAlT DOES NOT MEET FOUR APPROVAL, PLEASE PROVIDE COAIRfEAITSAS TO fIlIIAT I'OU TIIOULD LIKE TO IIAVE COMPLETED. Initials Date & Time Candice Marlt Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date &, Time): (S:office on RIackbof:\Fornis0ocunient Approval Form — 09/1S/12) 0 1 0 - A lot000.ou+ loy000-oo* 51 - 26X 1 OL) - = 5 , 126 - 00* 10 Y 0 0 0 - 0 u + 5, 126-00+ 1 5 p 1 26•U U rx !! r Painter -Lewis, P.L.C. 7/12/2013 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 job # : 1201007 P: 540-662-5792 F: 540-662-5793 Iyradison Village office c painte .1cwis.com DISTRIBUTE TO: Mr. Mike Ruddy FROM: Mr. John C. Lewis FOR: ( )Review&Comments ( )Approval&Signature ( ) Informational Purposes ( )Bid Purposes ( )Final Copy ( )Advanced Cop}' ( )For Subinittal ( )RCVlcw Complete ( )Rcvislons ( )Red -Lines TI TY DESCRIPTION STAFF QUAN i_ . _... _ _.... CL 2 _ copies of rezoning J _ 1 ; rezoinng app11catlon JCL f ---- THANK YOU FOR YOUR BUSINESS! COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 22, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-13 FOR MADISON VILLAGE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 11, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 803-13 Madison Village, submitted by Painter -Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of 132 (General Business) District with proffers. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road, and is identified by Property Identification Number 64-A-18 in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.fredcrick.va.us. Sincerely, ��-` ,/ Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-S000 This is t certify that the attached correspondence was mailed to the following on t a. 13 from Lbt Departincat of Plar7Ping and Development, Frederick County, Virginia: 64D - A- - 3- 64 - A- - 18- PROPERTY MANAGEMENT & DEVELOPMENT MADISON II LLC LLC 558 BENNYS BEACH RD 1020 FRONT ROYAL PIKE FRONT ROYAL VA 22630.6963 WINCHESTER VA 22602-4410 64 - A- - 123-A 64 -A- - 17- PERRY ENGINEERING CO INC RILEY JESSE WILLARD JR 1945 MILLWOOD PIKE 980 FRONT ROYAL PIKE WINCHESTER VA 22602-4561 WINCHESTER VA 22602.4409 63 - A- - 124- 64 - A- - 16- EFG INVESTMENTS LLC HOCKMAN MICHAEL D 340 W PARKINS MILL RD 910 FRONT ROYAL PIKE 22602 4409 WINCHESTER VA 22602.4735 WINCHESTER VA 64 - A- - 12- 64C - 2- - 4- GILLESPIE JANET A EMBREY TRUSTEE R 150 SPE LLC 961 FRONT ROYAL PIKE 621 E PRATT ST STE 600 WINCHESTER VA 22602 4422 BALTIMORE MD 21202.3147 64C - 2- - 5' JANET A EMBREY TRUSTEE 64 - A- - 21- GILLESPIE DUBRUELER ENTERPRISES LLC 961 FRONT ROYAL PIKE 1686 S PLEASANT VALLEY RD WINCHESTER VA 22602 4422 WINCHESTER VA 22601.4483 64 - A- - 18-A BEATLEY THOMAS 1014 FRONT ROYAL PIKE WINCHESTER VA 22602.4410 w� 4'=--J—/ Michael T. Ruddy, Deputy Planning D- ector Frederick County Planning Departme t STATE OF VIlZGINIA COUNTY OF FREDERICK I U 0 —, , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 11 1 �) j f �3 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of 02 0/3 My commission expires on (�!� ���1 1r 3%, l ' 1 -7 PAMALA DEETER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 NOTARY PUBLIC 64C - 2- - 6- DEWITT DONA LEE TRUSTEE 949 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64 - A- - 20- SHEN-VALLEY LAND HOLDINGS LLC CIO FIRST BANK ACCOUNTING DEPT 1835 VALLEY AVE WINCHESTER VA 22601-6303 64C - 2- - 7- ZHOUJUNXUAN 937 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 8- WALLACE ROBERT E WALLACE JUDY C 929 FRONT ROYAL PIKE WINCHESTER VA 22602-4422 64 - A- - 16- HOCKMAN MICHAEL D 910 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 64C - A- - 16- SHARP HOWARD F JR 921 FRONT ROYAL PIKE WINCHESTER VA 22602-4422 64C - A- - 13-A GIBSON MONTIE JR 867 FRONT ROYAL PIKE WINCHESTER VA 22602 64 - A- - 15- SHEPARD MICHAEL S SHEPARD CHERYL 179 GEORGE DR WINCHESTER VA 22602.4619 64 - A- - 14- SHEPARD MICHAEL S SHEPARD CHERYL 179 GEORGE DR WINCHESTER VA 22602.4619 N (9q-A - I b Adjoining Property Owners Rezoning TO:BAR�ARA-DATA PROCESSING FROM: Rom- Planning Dept. Please print sets of labels by r(7:i�� i I .LI ��- THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisot-s 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 1•-r•ederick County Administrative Building, 107 North Kent Street. i\'arne and Property Identification Number Address LLC 340 W. Parkins Mill Road VA 22602 EEFGInvestments, Pro r-A-123A, 63-A-124Winchester, tx Name R 150 SPE, LLC 621 E. Pratt Street, Suite 600 Baltimore, MD 21202 Property:; 64-A-12 Name DuBrueler Enterprises, LLC 1686 S. Pleasant Valley Road Winchester, VA 22601 Property N 64-A-21 ' Name Thomas Beatley 1014 Front Royal Pike Winchester, VA 22602 Property ;,' 64-A-18A Name Cleveland Michael Turner 201 Vine Lane Winchester, VA 22602 Property a 64D-A-3 Name Jesse Willard Riley, Jr. 980 Front Royal Pike Winchester, VA 22602 64-A-17 — Propem Name Michael D. Hockman 910 Front Royal Pike Winchester, VA 22602 Property 64-A-16 Name Janet A. Embrey Gillespie, 961 Front Royal Pike Winchester, VA 22602 Property g 64C-2-4, 64C-2-5 Na►1e Dona Lee Dewitt, Trustee 949 Front Royal Pike --- Winchester, VA 22602 Properry ,t 64C-2-6 L.z � JpJ LLC -Po' 3-e c - (-Qw, s -P-L,( Y4, V A zz j" 1 ("�C)�-)) 1 \ame and Proherth Identification Number Address Name Junxuan Zhou Guliani 937 Front Royal Pike Winchester, VA 22602 Property # 64-2-7 (i c i ,t _ 7 Name Robert E. & Judy C. Wallace 929 Front Royal Pike Winchester, VA 22602 Property# 64G-2-8.., . Nam, Michael D. Hockman 910 Front Royal Pike Winchester, VA 22602 Property # 64-A-16 Name Howard F. Sharp, Jr. 921 Front Royal Pike Winchester, VA 22602 Property ;; 64C-A-16 Name Montie Gibson. Jr 2508 Wilson Boulevard Winchester, VA 22601 property # 64C-A-13A ,,an,e Michael S & Cheryl Shepard 179 George Drive Winchester, VA 22602 Propert} .. 64-A-15. 64-A-14 Xame Property Name Property # Name Property # \ame Property " :un e Property # dame Property # \ame Property # Name Property # 10 NOTIFICATION OF PUBLIC HEARING November 22, 2013 TO: THE APPLICANTS) AND/OR ADJOINING PROPER"fY OWNER(S) RC: REZONING APPLICATION 1103-13 FOR MADISON VILLAGE On behalf of the Frederick County Board of Supervisol:�,you are hereby notified of a public ]nearing being held on Wednesday, December 11, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 903-13 Madison Village, submitted by Paintcr-Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of 132 (General Business) District with proffers. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Routc 522 and Airport Road, and is identified by Property Identification Number 64-A-18 in the Shawnce Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co. frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd Easy PeelO Labels Use AveryO Template 51G1� Feed Paper -d Bend along line to expose Pop-up EdgeT14 �AVERV05160 64 - A- - 18- MADISON II LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630.6963 64 - A- - 123-A PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER VA 22602.4561 63 - A- - 124- EFG INVESTMENTS LLC 340 W PARKINS MILL RD WINCHESTER VA 22602.4735 64 - A- - 12- R 150 SPE LLC 621 E PRATT ST STE 600 BALTIMORE MD 21202.3147 64-A- - 21- DUBRUELER ENTERPRISES LLC 1686 S PLEASANT VALLEY RD WINCHESTER VA 22601.4483 64 - A- - 18- MADISON II LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630.6963 64 - A- - 123-A PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER VA 22602-4561 63 - A- - 124- EFG INVESTMENTS LLC 340 W PARKINS MILL RD WINCHESTER VA 22602-4735 64 - A- - 12- R 150 SPE LLC 621 E PRATT ST STE 600 BALTIMORE MD 21202.3147 64 - A- - 21- DUBRUELER ENTERPRISES LLC 1686 S PLEASANT VALLEY RD WINCHESTER VA 22601.4483 Eti uettes faciles a eler i Repliez a la hachure afin de www.avery.com q p Utilisez le gabarit AVERYO 51610 Sens de chargement reveler le rebord Pop-upmc 1-800-GO-AVERY Easy Peep Labels Use AveryO Template 51610 Feed Paper Bend along line to �A@4E�-RV05161 " expose Pop-up Edge i"' b 64 - A- - 18-A BEATLEY THOMAS 1014 FRONT ROYAL PIKE WINCHESTER VA 22602.4410 64D - A- - 3- PROPERTY MANAGEMENT & DEVELOPMENT LLC 1020 FRONT ROYAL PIKE WINCHESTER VA 22602-4410 64 - A- - 18-A BEATLEY THOMAS 1014 FRONT ROYAL PIKE WINCHESTER VA 22602.4410 64D - A- - 3- PROPERTY MANAGEMENT & DEVELOPMENT LLC 1020 FRONT ROYAL PIKE WINCHESTER VA 22602.4410 64 - A- - 17- 64 - A- - 17- RILEY JESSE WILLARD JR RILEY JESSE WILLARD JR 980 FRONT ROYAL PIKE 980 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 WINCHESTER VA 22602.4409 64 - A- - 16- 64 - A- - 16- HOCKMAN MICHAEL D HOCKMAN MICHAEL D 910 FRONT ROYAL PIKE 910 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 WINCHESTER VA 22602.4409 64C - 2- - 4- GILLESPIE JANET A EMBREY TRUSTEE 961 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 4- GILLESPIE JANET A EMBREY TRUSTEE 961 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 Etiquettes faciles A peler A Utilisez le gabarit AVERY@ 51610 Sens de chargement Repliez a la hachure afin de www.avery.com reveler le rebord Pop-up'-" 1-800-GO-AVERY Easy PeelO Labels A Bend along line to AVE-R 05161 " Feed Paper expose Pop-up EdgeTM Use Avery" Template 51610 64C - 2- - 5- GILLESPIE JANET A EMBREY TRUSTEE 961 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 6- DEWITT DONA LEE TRUSTEE 949 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64 - A- - 20- SHEN-VALLEY LAND HOLDINGS LLC CIO FIRST BANK ACCOUNTING DEPT 1835 VALLEY AVE WINCHESTER VA 22601.6303 64C - 2- - 7- ZHOUJUNXUAN 937 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 8- WALLACE ROBERT E WALLACE JUDY C 929 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 5- GILLESPIE JANET A EMBREY TRUSTEE 961 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 6- DEWITT DONA LEE TRUSTEE 949 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64 - A- - 20- SHEN-VALLEY LAND HOLDINGS LLC CIO FIRST BANK ACCOUNTING DEPT 1835VALLEY AVE WINCHESTER VA 22601.6303 64C - 2- - 7- ZHOUJUNXUAN 937 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 8- WALLACE ROBERT E WALLACE JUDY C 929 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 Etiquettes faciles a peter 0 Utilisez le gabarit AVERYO 51610 Sens de chargement Repliez a la hachure afin de www.avery.com reveler le rebord Pop-up'" 1-800-GO-AVERY � Easy PeelO Labels Use Avery" Template 51610 Feed Paper Bend along line to expose Pop-up EdgeTId �AVE- R"05161 " 64 - A- - 16- 64 - A- - 16- HOCKMAN MICHAEL D HOCKMAN MICHAEL D 910 FRONT ROYAL PIKE 910 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 WINCHESTER VA 22602.4409 64C - A- - 16- SHARP HOWARD F JR 921 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - A- - 16- SHARP HOWARD F JR 921 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - A- - 13-A 64C - A- - 13-A GIBSON MONTIE JR GIBSON MONTIE JR 867 FRONT ROYAL PIKE 867 FRONT ROYAL PIKE WINCHESTER VA 22602 WINCHESTER VA 22602 64 - A- - 15- 64 - A- - 15- SHEPARD MICHAEL S SHEPARD MICHAEL S SHEPARD CHERYL SHEPARD CHERYL 179 GEORGE DR 179 GEORGE DR WINCHESTER VA 22602.4619 WINCHESTER VA 22602.4619 64 - A- - 14- 64 - A- - 14- SHEPARD MICHAEL S SHEPARD MICHAEL S SHEPARD CHERYL SHEPARD CHERYL 179 GEORGE DR 179 GEORGE DR WINCHESTER VA 22602.4619 WINCHESTER VA 22602.4619 Eti uettes faciles a eler A i q p Repliez a la hachure afin de www.avery.com ® 0 Sens de char ement Utilisez le gabarit AVERY 5161 g b reveler le rebord Pop-up" 1-800-GO-AVERY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 22, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 403-13 FOR MADISON VILLAGE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 11, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-13 Madison Village, submitted by Painter -Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of 132 (General Business) District with proffers. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road, and is identified by Property Identification Number 64-A-18 in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 25, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-13 FOR MADISON VILLAGE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 6, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-13 Madison Village, submitted by Painter -Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of 132 (General Business) District with proffers. Tile property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road, and is identified by Property Identification Number 64-A-18 in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: wxvw.co.fi•ederick.va.us. Sincerely, /� 'IA / �'� ��t 7 l LC cLC 7 Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 1 , from the Department of Planning and Development, Frederick County, vir =n 64D - A- - 3- 64 - A- - 18- MADISON FARMS LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630 64 - A- - 123-A PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER VA 22602-4561 63 - A- -124- EFG INVESTMENTS LLC 340 W PARKINS MILL RD WINCHESTER VA 22602.4735 64 - A- - 12- R 150 SPE LLC 621 E PRATT ST STE 600 BALTIMORE MD 21202 PROPERTY MANAGEMENT & DEVELOPMENT LLC 1020 FRONT ROYAL PIKE WINCHESTER VA 22602 64 - A- - 17- RILEY JESSE WILLARD JR 980 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 64 - A- - 16- HOCKMAN MICHAEL 0 910 FRONT ROYAL PIKE WINCHESTER VA 22602-4409 64C - 2- - 4- GILLESPIE JANET A EMBREY TRUSTEE 961 FRONT ROYAL PIKE 64 - A- - 21- WINCHESTER VA 22602-4422 DUBRUELER ENTERPRISES LLC 1686 S PLEASANT VALLEY RD WINCHESTER VA 22601.4483 64 - A- - 18-A BEATLEY THOMAS 1014 FRONT ROYAL PIKE WINCHESTER VA 22602 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my Stat and ounty aforesaid. Given under my hand this day of �C I� 'av i -3 My commission expires on ��Qo' o �t b-k x /. a o / -� 0' a /h NOTARY PUBLIC PAMALA DEFTER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 20 t...- ,�.. , C' �, r (1) 64C - 2- - 5- GILLESPIE JANET A EMBREY TRUSTEE 961 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 6- DEWITT DONA LEE TRUSTEE 949 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64 - A- - 20- SHEN-VALLEY LAND HOLDINGS LLC CIO FIRST BANK ACCOUNTING DEPT 1835 VALLEY AVE WINCHESTER VA 22601.6303 64C - 2- - 7- GUILIANI JUNXUAN ZHOU 937 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 8- WALLACE ROBERT E WALLACE JUDY C 929 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64 - A- - 16- HOCKMAN MICHAEL D 910 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 64C - A- - 16- SHARP HOWARD F JR 921 FRONT ROYAL PIKE WINCHESTER VA 22602.4477 64C - A- - 13-A GIBSON MONTIE JR 2508 WILSON BLVD APT 204 WINCHESTER VA 22601 64 - A- - 15- SHEPARD MICHAELS SHEPARD CHERYL 179 GEORGE OR WINCHESTER VA 22602.4619 64 - A- - 14- SHEPARD MICHAEL S SHEPARD CHERYL 179 GEORGE DR WINCHESTER VA 22602.4619 0'f ,� i NOTIFICATION OF PUBLIC HEARING October 25, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-13 FOR MADISON VILLAGE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 6, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-13 Madison Village, submitted by Painter -Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of B2 (General Business) District with proffers. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road, and is identified by Property Identification Number 64-A-18 in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd COUNTY of FREDERICK Department of Planning and Development 540/665-565I FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 9, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1103-13 FOR MADISON VILLAGE On beliall' of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, August 21, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 403-13 Madison Village, submitted by Paintcr-Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of 132 (General Business) District with proffers. The property is located on the west side of Route 522, approximately 1,000 feet south of the intersection of Route 522 and Airport Road, and is identified by Property Identification Number 64-A-18 in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the nieeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: wxv,,v.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Sheet, Suite 202 • Winchester, Virginia 22601-5000 This i_ . t certi y that the arched correspondence vva-s mailed to the follov,ing on ) C (3 from the Depai t ricnt of Planning and Development., Frederick County, V rgisia: 8A 64 - A- - 18- MADISON FARMS LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630 64 - A- - 123-A PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER VA 22602.4561 63 - A- - 124- EFG INVESTMENTS LLC 340 W PARKINS MILL RD WINCHESTER VA 22602.4735 64 - A- - 12- R 150 SPE LLC 621 E PRATT ST STE 600 BALTIMORE MD 21202 64 -A- - 21- DUBRUELER ENTERPRISES LLC 1686 S PLEASANT VALLEY RD WINCHESTER VA 22601.4483 STATE OF VZRGINNIA COUNTY OF FREDERICK 64.A--1. BEATLEY THOMAS 1014 FRONT ROYAL PIKE WINCHESTER VA 22602 64D - A- - 3. PROPERTY MANAGEMENT & DEVELOPMENT LLC 1020 FRONT ROYAL PIKE WINCHESTER VA 22602 64 - A- - 17- RILEY JESSE WILLARD JR 980 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 64 - A- - 16- HOCKMAN MICHAEL D 910 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 64C - 2- - 4- GILLESPIE JANET A EMBREY TRUSTEE 961 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 ` Zichael T. Ruddy, Deputy Planning irect>Or Frederick County Planning Departm nt 1 I, `jn a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planni g and Development, whose name is signed to the foregoing, dated has personally appeared before me and ackno-v ledged the same in my State and County aforesaid. Given under my hand this % day of 'u- l u 0-0 rJ My commission expires on A- C( -v i I lh � � � 26 PAMALA DEETER NOTARY PUBLIC REGISTRATION N 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 NOTARY PUBLIC 64C - 2- - 5- GILLESPIE JANET A EMBREY TRUSTEE 961 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 6- DEWITT DONA LEE TRUSTEE 949 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64 - A- - 20- SHEN-VALLEY LAND HOLDINGS LLC CIO FIRST BANK ACCOUNTING DEPT 1835 VALLEY AVE WINCHESTER VA 22601.6303 64C - 2- - 7- GUILIANI JUNXUAN ZHOU 937 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - 2- - 8- WALLACE ROBERT E WALLACE JUDY C 929 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64 - A- - 16- HOCKMAN MICHAEL D 910 FRONT ROYAL PIKE WINCHESTER VA 22602.4409 64C - A- - 16- SHARP HOWARD F JR 921 FRONT ROYAL PIKE WINCHESTER VA 22602.4422 64C - A- - 13-A GIBSON MONTIE JR 2508 WILSON BLVD APT 204 WINCHESTER VA 22601 64 - A- - 15- SHEPARD MICHAEL S SHEPARD CHERYL 179 GEORGE DR WINCHESTER VA 22602.4619 64 - A- - 14- SHEPARD MICHAEL S SHEPARD CHERYL 179 GEORGE DR WINCHESTER VA 22602.4619 NOTIFICATION OF PUBLIC HEARING AL1gL1St 9, 201 3 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #03-13 FOR MADISON VILLAGE On behalf of the Frederick County Plallnlllg C01111111SS1011, YOU are hereby iiotlfied Of a public hearing being held on Wednesday, August 21, 2013, at 7:00 p.m. in the Board Room of the F1'Cdc1'ic1(County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 403-13 Madison Village, submitted by Paintcr-Lewis, P.L.C., to rezone 51.26 acres fi-onl RA (Rural Areas) District to 46.26 acres of RP (Residential Performance) District and 5 acres of 132 (General Business) District with proffers. The property is located on the west Side of Route 522, approximately 1,000 feet south of the intersection of ROLItc 522 and Airport Road, and is identified by Property Identification Number 64-A-18 in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, Or by calling (540) 665-5651. You can also visit us on the web at: www.co.frcdcrick.va.LIS. Sincerely, Michael 1'. Ruddy, AICP Deputy Planning Director MTR/pd 6AI- d @noiG1�4 NOTIFICATION OF PUBLIC TINS August 9, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-13 FOR MADISON VILLAGE Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-13 Madison Village, submitted by Painter -Lewis, P.L.C., to rezone 51.26 acres from RA (Rural Areas) District to 132-(eneral Business) Distriaatte-R anse) District with proffers. The property is located on the west side of Route 52-21. approximately 1,000 feet south of the intersection of Route 521 and Airport Road is identified by Property Identification Number 64-A-I I in the Shawnee Magisterial District. copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, � 6- Michael T. Ruddy, AICP Gl, v. 0� Deputy Planning Director • MTR/pd 92- v261� o'> 0) Ct,6'r-, -PS C) 1) t /"' TO:BARBARA-DATA PROCESSIA FROM:MW - Planning Dept. WM Pie se print 4i sets of labels by • 8 I 13 THANKS! [FI%7 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 o_J'the Iirederick Counly Administrative Building, 107 Morth Kent Street. Name and Property Identification Number Name EFG Investments, LLC Property # 64-A-123A, 63-A-124 ./ II Name R 150 SPE, LLC 11'roperty # 64-A-12 Name DuBrueler Enterprises, LLC IProperty # 64-A-21 ,J Name Thomas Beatley Property # 64-A-18A /'/ I -Name Cleveland Michael Turner L.Property# 64D-A-3 Jesse Willard Riley, Jr. r Property# 64-A-17 Name Michael D. Hockman Property # 64-A-16 Name Janet A. Embrey Gillespie, Propejy # 64C-2-4, 64C-2-5 Nmix Dona Lee Dewitt, Trustee Propeiiy # 64C-2-6 Address 340 W. Parkins Mill Road Winchester, VA 22602 621 E. Pratt Street, Suite 600 Baltimore, MD 21202 1686 S. Pleasant Valley Road Winchester, VA 22601 1014 Front Royal Pike Winchester, VA 22602 201 Vine Lane Winchester, VA 22602 980 Front Royal Pike Winchester, VA 22602 910 Front Royal Pike Winchester, VA 22602 961 Front Royal Pike Winchester, VA 22602 949 Front Royal Pike Winchester, VA 22602 I `U ►-1 C�.c�c,t Cry l'� �r-r c��. Name and Property Identification Numberl Address x Name Jurixuan2h.00.Guliani 937 Front Royal Pike Winchester, VA 22602 Property # 64-2o-7 [ P Name Robert E. &.Judy C. Wallace 9.2.9.: Front Royal; Pike. Winchester, VA.226.0.2 Property # 64C7.2-8. Michael D. Hockman 910 Front Royal Pike - Winchester, VA 22602 Property # 64-A- 16 Name Howard F. Sharp, Jr. 921 Front Royal Pike Winchester, VA 22602 Proputyll 64C-A-16 Name Montie Gibson, Jr. 2508 Wilson Boulevard Winchester, VA 22601 Property 11 64C-A-1 3A Name Michael S. & Cheryl Shepard 179 George Drive Winchester, VA 22602 Property # 64-A- 15, 64-A- 14 Name Property # Name Property 4 Name Property # Name Property /I Name Property # Name Property # Name Property Name Property # 16 o N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS WORK REQUEST S DATE RECEIVED:"( 1 ' REQUESTED COMPLETION DATE: � 2- REQUESTING AGENT: I� I 2 Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: FAX: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional information on back of request)._.. to i - A-1 `d DIGITAL: PAPER: FAX: E-MAIL. — SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) ���U�P-17n -1 �� REZONING APPLICATION Madison Property - TM #64-A-18 7. Adjacent Property PARCEL ID NUMBER JUSE ZONING OWNER 63-A-123A Ivacant RA EFG Investments, LLC 64-A-12 Ivacant RA R 150 SPE LLC 63-A-124 vacant RA EFG Investments, LLC 64-A-21 vacant IRA Dubrueler Enterprises, LLC 64-A-18A residential RA Thomas Beatle 64D-A-3 residential IRP Cleveland Michael Turner 64-A-17 residential IRA Jesse Willard Riley Jr 64-A-16 I residential RA Michael D. Hockman 64C-2-4 Ivacant RP Janet A. Embrey Gillespie, Trustee 64C-2-5 I residential RP Janet A. Embrey Gillespie, Trustee 64C-2-6 residential RP Dons Lee Dewitt, Trustee 64C-2-7 residential RP Junxuan Zhou Guiliani 64C-2-8 residential RP Robert E. & Judy C. Wallace 64-A-16 residential RA Michael D. Hockman 64C-A-16 residential RP Howard F. Sharp, Jr 64C-A-13A vacant RP Montie Gibson, Jr 64-A-15 vacant B2 Michael S. & Cheryl She hard 64-A-14 vacant B2 IMichael S. & Cheryl She hard mI KQ 4-k �a* l O o KS