HomeMy WebLinkAbout21-06 ApplicationDepartment of Planning and Development
5401665 -5651
FAX: 540/665-6395
March 19, 2007
Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: APPROVAL OF REZONING #21 -06, WILLOW RUN, AND MASTER
DEVELOPMENT PLAN 415 -06
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of February 28, 2007. The above - referenced rezoning application was approved to rezone
359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, with
proffers dated February 12, 2007, for commercial land uses and up to 1,390 residential units. The
properties are located east of Route 37 and Merrimans Lane (Route 621), north of Cedar Creek Grade
(Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are
identified by Property Identification Numbers 53 -A -90, 53 -A -91, 53 -A -92, 53- A -92A, 53- A -92B, 53 -A-
94, 53 -3 -A and 63 -A -2A.
The February 12, 2007 proffer statement that was approved as a part of this rezoning application is
unique to this property and is binding regardless of ownership. Master Development Plan #15 -06, a
proffered condition of the rezoning application, was also approved. This Master Development Plan
identifies the layout, design, and details of the project.
The rezoning application and Master Development Plan #15 -06 were approved with seven
modifications as enabled by the R4 zoning classification:
• Modification #] - §165 -68 Master Development Plan
• Modification #2 - § 165 -69 Permitted Uses
• Modification 93 - §165-71 Mixture of Housing Unit Types Required
• Modification 44 - § 165 -72D Commercial and Industrial Areas
• Modification #5 - § 165 -72G Buffers and Screening
• Modification 46 - §165-721 Road Access
• Modification 97 - § 165 -72B Dimensional Requirements.
The modifications are detailed in the proffered Community Design Modification Document dated
February 12, 2007.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
i •
Evan Wyatt
Re: Rezoning and Master Development Plan, Willow Run
March 19, 2007
Page 2
Attached is a copy of the adopted proffer statement for your records. Also attached is the final Master
Development Plan for Willow Run (MDP #t5 -06).
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application or the approval of Master Development Plan #15 -06.
We look forward to working with you and the Willow Run team as the project moves forward.
Sincerely,
Susan K. Eddy
Senior Planner
Candice E. Perkins
Planner II
SKE /CEP,/bad
Attachment
cc: Gene Fisher, Shawnee Magisterial District Supervisor
June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Greystone Properties, LLC, 2055 Valley Ave., Winchester, VA 22601
Miller and Smith at Willow Run, LLC, 480 W. Jubal Early Dr., Ste. 330, Winchester, VA
22601
Willow Grove, LC, 720 S. Braddock St., Winchester, VA 22601
740, LLC, PO Box 87, Winchester, VA 22604
750, LLC, 720 S. Braddock St., Winchester, VA 22601
TO:
FROM:
RE:
DATE:
Department of Planning and Development
rezoning staff report) The PC recommended approval;
• Modification 45 - § 165 -72G Buffers and Screening (see page 17 of the rezoning staff
report) The PC recommended approval;
• Modification #6 - § 165 -721 Road Access (see page 18 of the rezoning staff report) The
PC recommended approval;
• Modification #7 - §165 -7213 Dimensional Requirements (see page 18 of the rezoning
staff report) The PC recommended approval.
COUNTY of FREDERICK
MEMORANDUM 11
Frederick County Board of Supervisors
Susan K. Eddy, AICP, Senior Planner SKE
Willow Run Rezoning and Master Development Plan
February 20, 2007
540/665.5651
FAX: 540 /665 -6395
Attached to this memo you will find the staff reports for the rezoning of Willow Run (REZ #21 -06)
and the Master Development Plan for Willow Run (MDP 915 -06). The applicant is seeking a
rezoning to the R4 (Residential Planned Community) District. An R4 rezoning requires that the
MDP be included as a proffered condition.
A number of decisions by the Board of Supervisors are sought with these applications.
1. Action on the seven modifications to the R4 District sought by the applicant with the
rezoning (decisions made individually or as one vote):
• Modification # 1 - § 165 -68 Master Development Plan (see page 16 of the rezoning staff
report) The PC recommended approval;
• Modification 42 - § 165 -69 Permitted Uses (see page 16 of the rezoning staff report)
The PC recommended approval;
• Modification 43 - §165 -71 Mixture of Housing Unit Types Required (see page 17 of
the rezoning staff report) The PC recommended approval;
• Modification #4 - §165-72D Commercial and Industrial Areas (see page 17 of the
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
5
2. Action is needed on the alternative buffer and screening plans requested by the applicant with
the MDP as allowed in §165- 72G(2) of the R4 Zoning District regulations. The applicant
has requested the following buffer alternatives:
• Buffer B — Zoning District Buffer (see page 7 of the MPD staff report), The PC
recommended approval;
• Buffer C — Zoning District Buffer (see page 7 of the MPD staff report), The PC
recommended approval;
• Buffer D — Zoning District Buffer (see pages 7 -8 of the MPD staff report), The PC
recommended approval.
3. Action on the rezoning, which includes the MDP as a proffered condition. (The PC
recommended approval.)
Please contact me if you have any questions on the content or procedures described in this memo.
SKE /bad
2
0 •
REZONING APPLICATION #21 -06
WILLOW RUN
Staff Report for the Board of Supervisors
Prepared: February 20, 2007
Staff Contact: Susan K. Eddy, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 12/19/06 Staff Application Briefing — No Action
Planning Commission: 02/07/07 Recommended Approval
Board of Supervisors: 02/28/07 Pending
PROPOSAL To rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned
Community) District with proffers.
LOCATION The property is located east of Route 37 and Merriman's Lane (Route 621), north of
Cedar Creek Grade (Route 622), south and west of the City of Winchester.
MAGISTERIAL DISTRICT Shawnee
PROPERTY ID NUMBERS 53 -A -90, 53 -A -91, 53 -A -92, 53- A -92A, 53- A -92B, 53 -A -94, 53 -3 -A
and 63 -A -2A
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Agricultural and residential
ADJOINING PROPERTY ZONING & PRESENT USE
North: RP (Residential Performance) Use: Residential
City of Winchester
South: RA (Rural Areas)
RP (Residential Performance)
East: City of Winchester
West: RA (Rural Areas)
RP (Residential Performance)
Residential & open space
Use: Agricultural and residential
Residential
Use: Residential
Use: Residential and recreational
Residential
A 0
Rezoning #21 -06 — Willow Run
February 20, 2007
Page 2
PROPOSED USE Residential and commercial
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 621 and 37. These routes are the VDOT
roadways which have been considered as the access to the property. VDOT is satisfied that the
transportation proffers offered in the Willow Run Traditional Neighborhood Development rezoning
application dated October 24, 2006, received by email October 31, 2006 at 1:23 pm, addresses
transportation concerns associated with this request. Before development, this office will require a
complete set of construction plan detailing entrance designs, drainage features, and traffic flow data
from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to
comment on all right -of -way needs, including right -of -way dedications, traffic signalization and off -site
roadway improvements and drainage. Any work performed on the State's right -of -way must be covered
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage.
Fire Marshal Plan approval recommended.
Public Works Department: In addition to the rezoning application and master development plan, we
reviewed the environmental site assessments for the White and Marshall properties and the wetland
delineation study. Based on the review of these documents, we offer the following comments: 1. Refer
to Impact Analysis, page 5, Soil Types: The narrative indicates that the applicant plans to conduct a
geotechnical analysis throughout the development of the Willow Run Community for road construction,
utility installation and within any areas where karst features are present. We applaud this course of
action and suggest that it be expanded to include the stormwater retention pond. Also, we suggest that
the geotechnical analysis include geophysical methods to expand the subsurface evaluations and
delineate any potential cavities and /or sinkholes. The results of the geotechnical analysis shall be
submitted with the subdivision design phase. 2. Refer to Impact Analysis, page 11, Drainage: The
discussion indicates that a stormwater retention structure will be designed and constructed in the central
portion of the development. Considering the karst nature of the underlying geology, the design of this
man-made lake /retention pond will, most probably, require an impervious liner to ensure long term
stability and prevent seepage. The design of the retention pond shall include the preparation of an
operation and maintenance manual that can be implemented by the HOA. This manual shall be
included with the design calculations for the retention pond at the time of the subdivision design
submission. 3. Refer to the Impact Analysis, Environmental Features Exhibit: This exhibit shall be
amended to include all of the karst features referenced in the Environmental Site Assessments (ESA)
prepared by ECS for the White and Marshall properties. These features shall also be added to sheet four
(4) of eleven (11) of the master development plan. For your information, I have enclosed a copy of an
article recently published by the Winchester Star which is related to the development of a sinkhole
along Route 37. This article highlights what can happen within a karst geology. Also, note the location
relative to the proposed development of Willow Run. The importance of a detailed geotechnical study
cannot be over emphasized for the Willow Run Development. 4. Refer to the ESA for the Marshall
property: The summary conclusions included in this report highlighted the presence of hazardous waste
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 3
in the forms of pesticides and petroleum products and contaminated soils. These conclusions
recommended remediating these items using proper methods. We request that documentation verifying
the proper disposal of these hazardous wastes and contaminated soils be provided to this office prior to
issuing the first land disturbance permit. A note to this effect shall be included in the subdivision
design documents.
Sanitation Authority No comment.
Frederick - Winchester Service Authority Considering expansion to be completed by 2009 at Parkins
Mill, adequate capacity should be allowable for development.
Department of Parks & Recreation: Plan appears to provide for required open space; however, no
calculations for required or usable open space have been provided. The residents of the age - restricted
housing units will undoubtedly spend time outside of the development and have an impact on the
recreational services provided by the county. Therefore, staff believes a monetary proffer for these units
would be appropriate. Plan appears to provide for the required recreational units; however, specific
requirements have not been stated in the plan. To ensure a connection to Cedar Creek Grade, the
Transportation Enhancements should offer an area for a 10' wide asphalt bicycle /pedestrian trail along
Willow Run to Cedar Creek Grade. In additional to providing the Proffer Model, staff recommends the
Proffer Statement include a list of proposed monetary proffers by agency. if this project includes the
planning for or construction of a new interchange at Route 37, the proposed Transportation
Improvement Program proffer should offer the ability to facilitate a 10' wide bicycle trail to cross over
Route 37 at this location.
Frederick County Public Schools: Based on the information provided, it is anticipated that the
proposed 1,515 single family detached and attached homes and 416 apartments will yield in two phases
304 high school students, 262 middle school students and 720 elementary school students for a total of
1,286 new students upon build -out. Significant residential growth in Frederick County has resulted in
the schools serving this area having student enrollments nearing or exceeding the practical capacity for
a school. The cumulative impact of this project and others of similar nature, coupled with the number
of approved, undeveloped residential lots in the area, will necessitate the future construction of new
school facilities to accommodate increased student enrollments. The impact of this rezoning on current
and future school needs should be considered during the approval process.
Winchester Regional Airport: The proposed site does lie within airspace of the Winchester Regional
Airport and is in close proximity to the approach path for Runway 14/32. Residential occupants should
be forewarned that they might experience noise from over flights of aircraft departing to and from the
Winchester Regional Airport.
Frederick Countv Attornev: Please see attached letters dated October 23, 2006 and January 23,
2007 from Robert T. Mitchell, Jr., County Attorney.
Historic Resources Advisory Board: The Rural Landmarks Survey Report for Frederick County
identifies the 740 House (Willow Grove 934 -89), the 750 House (Baker, Jacob House 434 -90) and the
Penbrook -Cove Farm ( 934 -1236) as being on the property. It is the intent of the applicant to rezone this
0 0
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 4
property to the R4 (Residential Planned Community) Zoning District. The HRAB expressed concern
that the 740 and 750 Houses on the property might be removed. While the current owner does not
intend to demolish the structures at this time, future owners' intentions are unknown. Information from
the Virginia Department of Historic Resources (VDHR) file states that the V DHR State Review Board
determined that the Baker, Jacob House (750 House) is eligible for the Virginia Landmarks Register
and the State and National Register of Historic Places. The HRAB recommends approval of the project
so long as the following be considered to mitigate impacts on the historic resources: The applicant
stated that a Phase I archeological survey had been done on the site around the Penbrook -Cove farm
complex, but the foundation of the burned house had not been located. A more detailed study should be
conducted should be conducted to locate the foundation of the house that burned down at this complex,
as well as additional studies around the foundations of the existing buildings. A Phase I environmental
study should be conducted on the site (followed by further studies if warranted — Phase II
archeological /environmental) before construction on the site begins. The applicant should utilize the
Virginia Department of Historic Resources to determine additional areas of interest for archeological
studies. The property owners should consider preserving the 750 and 740 houses; these houses are
landmarks on the site and should have permanent protection through the rezoning proffers. The HRAB
felt that the residential designation encompassing the 750 and 740 houses was inappropriate, as well as
the adjoining commercial use, and requested that viewshed preservation measures be taken into
consideration. As stated previously, the 750 house (Baker, Jacob House) is eligible for the State and
National Registries because of its architecture. The property owners should pursue placing the 750
house on the State and National Registries. In lieu of this same comment from last year's meeting, the
HRAB also felt that the 750 and 740 houses should be placed into conservation easements. Staff will
provide the property owner with conservation easement opportunity information. The HRAB requested
that archeological proffers be provided within the rezoning proposal to help further mitigate impacts on
the historical properties within the rezoning.
Shenandoah Vallev Battlefields Foundation: This property is part of the Willow Run Mixed Use
Development proposal. As we discussed, the federal funds the Shenandoah Valley Battlefields
Foundation receives from Congress may not be used to purchase land on the First Winchester
Battlefield. (The battlefield was not included in the 1996 enabling legislation for the National Historic
District, hence we are not able to use our appropriated funds to purchase land there.) Because of this,
the Battlefields Foundation does not fund for the property in question nor has it had plans to acquire this
land. While we do not like to see any battlefield land compromised, given the lack of context and the
relatively small size of this fragment of First Winchester, the Battlefields Foundation would not pursue
other funding sources for land acquisition. We hope that if the development project proceeds and Jubal
Early Drive is extended as planned, that due consideration be given to both the historic and
environmental issues on the property.
Citv of Winchester: Reference Final Subdivision Approval for the construction of W. Jubal Early
Drive zoned Planned Commercial, PC District and High Density Residential with Planned Unit
Development Overlay, HR (PUD) District. City Council approved the request subject to the following
conditions: 1. Working with Winchester &Western Railroad for an at -grade rail crossing as depicted on
the plan and profile drawings. 2. Staff review and approval of the plans and plats, including securing
approval for disturbance in the City's floodplain. 3. Satisfactory negations of provisions for Fire and
Rescue services from the City of Winchester. 4. Developer contributing funds to offset the costs to City
9 0
Rezoning #21 -06 — Willow Run
February 20, 2007
Page 5
intersections prior to opening the extended roadway into the County. The fourth condition is
understood to be accomplished as stated in the September 26, 2006 version of the Transportation
Enhancement Proffer #13 which calls for a monetary contribution totaling $100,000 to the City.
Frederick County Transportation Committee: This serves to confirm that on August 28, 2006 you
presented the internal street design of the Willow Run project to the Frederick County Transportation
Committee. Included in your presentation was a description and explanation of the four street design
exceptions of which you are seeking approval from VDOT. Those exceptions and number of
occurrences as you presented at the meeting are as follows: 1. Intersection Spacing —Nine occurrences
with all but two of them taking place in the age- restricted enclave portion of the development, and the
remaining two are located on Willow Run Drive. 2. Cul -de -sac Radius — Three occurrences. 3.
Pavement Width — Two segments of connector road between Jubal Early Dr. and Cedar Creek Grade.
4. Centerline Radius — Three occurrences with two of them located in the age- restricted enclave portion
of the development, and the remaining one located on a non -major roadway. After your presentation,
there was a significant amount of discussion within which members of the Committee pointed out that
this `neo- traditional' style of development, as is being pursued with Willow Run, is what the Urban
Development Area (UDA) Study Committee has been moving toward in their efforts. The Committee
voted unanimously to "endorse the concept" that you are promoting with the design of the development.
Planning Department: Please see attached letter dated November 9, 2006 from Susan K Eddy,
Senior Planner.
Planning & Zoning:
1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle)
identifies the subject parcels as being zoned R -2 (Residential Limited). The subject parcels
were re- mapped from R -2 to A -2 (Agricultural General) pursuant to the County's
comprehensive downzoning initiative (Zoning Amendment Petition 4011 -80), which was
adopted on October 8, 1980. The County's agricultural zoning districts were subsequently
combined to form the RA (Rural Areas) District upon adoption of an amendment to the
Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned
land to the RA District.
A rezoning application ( #16 -05) for this site was submitted on November 14, 2005. That
application did not receive action and has been replaced by this application ( 421 -06).
2) Comprehensive Policv Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Rezoning 921 -06 — Willow Run
February 20, 2007
Page 6
Land Use
The subject parcels are within the Urban Development Area (UDA) and Sewer and Water
Service Area (SWSA).
The subject properties are within the area covered by the Western Jubal Early Land Use Plan
(WJELUP). The predominant land uses envisioned within the WJELUP area are urban and
suburban residential uses. The gross residential density should not exceed four dwelling units
per acre. The proposed density is 3.86 units per acre. The WJELUP also calls a large
commercial concentration along Jubal Early Drive. This application proposes two smaller
commercial clusters on Jubal Early Drive. The land uses proposed in this application are
generally consistent with the land use proposed in the WJELUP.
The WJELUP suggests neighborhood scale commercial development and high end office
uses in the commercial areas. Further, it discourages strip commercial development and
encourages consolidated entrances. Few details of the commercial component are included
in the application, and more attention should be paid to the layout and design of the
commercial areas. Most recent commercial rezonings in the County have included proffers
associated with design, materials and signage.
The pending Urban Development Area (UDA) Study supports Traditional Neighborhood
Design (TND). TND elements called for in the UDA study include: a mix and integration of
uses, increased density, connectivity, high quality architecture and design, community focal
points, a housing mix, walkability, integrated community facilities and enhanced design.
The UDA study specifically calls for a new urban center along Jubal Early Drive. Urban
centers are envisioned as walkable urban areas with a large commercial core, higher
densities, designed around some form of public space or focal point. The applicant has
incorporated some TND features in the residential development, but has made less effort to
insure traditional neighborhood development in the commercial section. With traditional
neighborhood commercial development, streetscape is particularly important, and attention is
paid to specific uses, store frontages, traditional signs, public meeting space etc. Also
lacking in this application are community focal points, high quality design and the integration
of community facilities.
Transportation
The WJELUP calls for the extension of Jubal Early Drive as an east/west through road and
the construction of a new interchange at Route 37. (The Commonwealth Transportation
Board, on January 18, 2007, approved the break in access on Route 37, to allow construction
of this new interchange.) The extension of Jubal Early Drive through this portion of the
UDA is envisioned as an urban divided four -lane cross - section that includes landscaped
medians as well as pedestrian and bicycle facilities. In addition, a major collector road is
planned to facilitate traffic movement in a north -south direction to provide a connection
between Jubal Early Drive and Cedar Creek Grade. Another critical transportation
component of the WJELUP is alternative modes of transportation, such as pedestrian and
bicycle facilities, and calls for an interconnected system of multi - purpose trails and
sidewalks.
0 0
Rezoning 921 -06 — Willow Run
February 20, 2007
Page 7
This application provides for the roads and alternative modes of transportation called for in
the WJELUP. The proffered transportation improvements are detailed below in the analysis
of the proffer statement.
Community Facilities
The adopted WJELUP calls for 25 -30 acres for a multi- campus school site in this area. No
school site has been included in the Willow Run application. Instead, the applicant has
proffered a monetary contribution of $1,000 for each non - age - restricted unit to be designated
toward land purchase for a future school site or for school construction.
The WJELUP calls for a well defined park and open space system for both active and passive
recreation. Central to this open space is the Abrams Creek corridor which should be
preserved as a developmentally sensitive area. Neighborhood parks are also sought within
the study area. Part of the park network should be an interconnected trail system. This
application does provide the Abrams Creek open space, a series of neighborhood parks and
integrated trails as sought in the WJELUP.
3) Site Suitabilitv/Environment
The National Wetlands Inventory Map identifies two areas of wetlands along the northern
and eastern portion of the site. The applicant has prepared a Wetlands Delineation Study for
the subject properties. The U.S. Army Corps of Engineers has issued a Jurisdictional
Determination Letter establishing the location of all wetlands areas on -site and a wetlands
permit has been approved by the U.S. Army Corps of Engineers and the Virginia Department
of Environmental Quality. Protected and disturbed wetlands (which include only the area
associated with the extension of Jubal Early Drive) are identified on the proffered MDP.
The FEMA National Flood Insurance Program (NFLIP) maps identify floodplain areas
associated with Abrams Creek. The applicant has prepared a Phase I Environmental
Assessment Report and a Wetlands Delineation Report. The proffered MDP delineates the
location of the floodplain areas that are based on the results of the Detailed Conditional
Letters of Map Revision (CLOMR) study, which has been approved by FEMA, associated
with the extension of Jubal Early Drive. Protected and disturbed floodplain areas (which
include only the area associated with the extension of Jubal Early Drive) are identified on the
proffered MDP.
Minor steep slopes exist on the site. Areas of steep slope disturbance are identified on the
MDP.
A number of areas of mature deciduous trees exist on the subject parcels. These will likely
be disturbed during the development of the site. A particularly scenic row of trees, along
• •
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 8
with a stone wall, exist on Orchard Lane. Consideration should be given to the expressed
protection of these features.
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that
Frederick - Poplimento loams comprise the majority of the subject site, which possesses
moderate shrink -swell potential. A band of Carbo silt loam follows the western portion of
the site, which possess a high shrink -swell potential. Massanetta loam is located within the
floodplain and wetlands areas. Development within the Massanetta loam soils will be
limited to the extension of Jubal Early Drive.
Karst features are known to exist on the property. Four sinkholes have been identified in the
Phase I Environmental Site Assessment Reports submitted by the applicant to the County.
The applicant has proffered to conduct a geotechnical analysis on all residential properties
platted within 100 feet of the major karst feature identified on the MDP prior to the issuance
of building permits of such lots. The Director of Public Works will be requiring necessary
geotechnical analysis at the subdivision design phase.
4) Potential Impacts
A. Transportation
A traffic impact analysis (TIA) was prepared for this application by Patton Harris Rust and
Associates (PHR &A) dated June 22, 2006. The TIA analyzed traffic in two phases. Phase 1
(2009) assumed 260 single family detached units and 339 single family attached units.
(These 599 residential units are just under the 600 units that trigger the completion of Jubal
Early Drive, the completion of the interchange and the realignment of Merrimans Lane.)
With Phase 1, Jubal Early Drive is extended west half -way into the site and Birchmont Drive
connects Cedar Creek Grade and Jubal Early Drive extended. For Phase 1, all roads within
and adjacent to the immediate site function at Level of Service "C" or better given the
proffered improvements (see Figure 9a of the TIA). Looking beyond the site, for Phase 1,
Level of Service less than "C' will occur at the following intersection (see Figure 9b of the
TIA):
• Cedar Creek Grade (Route 622) and Route 37 interchange;
• Cedar Creek Grade (Route 622) and Harvest Drive;
• Cedar Creek Grade (Route 622) and Valley Avenue (Route 11);
• Valley Avenue (Route 11) and Jubal Early Drive;
• Merrimans Lane (Route 62 1) and Meadow Branch Avenue;
• Northwestern Pike (Route 50) and Route 37 interchange.
The TIA for Phase 2, full build -out in 2012, modeled 425 single family detached units, 416
apartments, 490 single family attached units, 108 elderly housing units, 150,000 square feet
of office space and 225,000 square feet of retail space. (Staff note: the office and retail
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 9
floorspace is not limited by proffer, and so the TIA does not model the worst -case scenario
for traffic.) With Phase 2, Jubal Early Drive, the new interchange and Merrimans Lane are
fully constructed. All proffered road improvements are in place. For Phase 2, all roads
within and adjacent to the immediate site function at Level of Service "C" or better given the
proffered improvements (see Figure 15a of the TIA). Looking beyond the site, for Phase 2,
Level of Service less than "C' will occur at the following intersection (see Figure 15b of the
TIA):
• Merrimans Lane (Route 621) and Cedar Creek Grade (Route 622);
• Cedar Creek Grade (Route 622) and Route 37 interchange;
• Cedar Creek Grade (Route 622) and Harvest Drive;
• Cedar Creek Grade (Route 622) and Valley Avenue (Route 11);
• Valley Avenue (Route 11) and Juba] Early Drive;
• Amherst Street (Route 50) and Meadow Branch Avenue;
• Northwestern Pike (Route 50) and Route 37 interchange.
Details of all proffered road improvements are contained in the analysis of the proffer
statement.
A monetary contribution of $100,000 has been proffered to the City of Winchester to
mitigate the impact of this development on intersections in the city.
B. Sewer and Water
The Willow Run rezoning proposal is estimated to require approximately 418,250 gallons
per day of water usage and to generate approximately 330,750 gallons per day of wastewater.
The Frederick County Sanitation Authority has agreed to provide public sewer service and
public water service to the Willow Run Community. The applicant will be providing a new
sewer pump station in the northeastern portion of the property. The applicant will also be
providing a new sewer force main that connects the pump station to the FCSA force main at
Cedar Creek Grade. Effluent will be conveyed to the Parkins Mill Wastewater Treatment
Facility. The FCSA will be providing a water transmission line along Route 37 adjoining
Willow Run. This will create a loop system that ties together the water systems to the north
with those to the south.
C. Historic Resources
One building on the property, the Baker, Jacob House (750 House), is eligible for the
Virginia Landmarks Register and State and National Register according to the Virginia
Department of Historic Resources State Review Board. (Staff Note: Protection of this
building is strongly encouraged in the WJELUP.) Two other sites, the 740 House (Willow
Grove 934 -89) and the Penbrook -Cove Farm (334 - 1236), are identified in the Rural
Landmarks Survey Report. The Historic Resources Advisory Board (HRAB) made a number
0 0
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 10
of recommendations concerning this application (see HRAB comments). Based on the
HRAB recommendations, the applicant has proffered landscaping along Cedar Creek Grade
to minimize impacts to the Homespun property and proffered to conduct a Phase I
Archaeological Assessment at the Penbrook Cove farmstead, and display any information
found within the age- restricted community center. The applicant has not addressed the
HRAB concerns about the Baker, Jacob House (750 House) or the 740 House (Willow
Grove).
D. Community Facilities
1,390 new housing units, plus a commercial component, will have a significant impact on
community facilities in this area. The applicant projected the impacts based the County's old
Fiscal Impact Model, (as was done with REZ #16 -05). This model projected afiscal impact
of $9,078 per residential unit. The applicant has proffered $9,078 for each non - age- restricted
unit, and $2,000 (which excludes money for school facilities) for each age - restricted unit.
Staff Note: Applications received after November 30, 2005 are expected to mitigate the
impact of development calculated by the county's Development Impact Model. As of
September 2006, impacts are projected as $22, 098 for a single-family detached unit, S15,530
for a townhouse and S8, 739 for a multi family unit.
As stated previously, the applicant has not provided the school site identified in the
WJELUP. Also of note, on January 18, 2005 the Frederick County School Board passed a
resolution calling for 25 -30 acres for a multi - campus school site in the WJELUP area.
Additionally, § 165 -68 of the Zoning Ordinance (R4 Rezoning Procedures) states "Land shall
be dedicated in planned community developments for roads and facilities necessary to serve
the development as described by the Comprehensive Plan, the Capital Improvements
Program and adopted road improvement programs ".
The applicant has proffered a number of recreational facilities, including a community center,
an age - restricted community center, an outdoor pool, an extension of the Green Circle, and
an internal trail system. All of these will count towards the applicant's County Ordinance
required recreational units. A 5 -acre site for an aquatic center is being made available to the
county in the commercial area. The value of this land will count towards the applicant's
required recreational amenities. If the aquatic center site is accepted by the county, the
applicant will not be providing an outdoor pool for the Willow Run community. The
applicant does not appear to be proffering any recreational amenities that are above and
beyond the dollar value that the ordinance requires.
5) Proffer Statement — Dated November 4, 2005 with latest revision February 12, 2007
0 0
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 11
A) Residential Land Use
Build -out of the site is limited to 1,390 residential units. Residential building permits are
limited to 200 (non -age- restricted) per year, with up to 100 carried forward per year, for an
overall maximum of 300 units per year. A residential unit matrix is proffered, limiting the
maximum and minimum percentage of each housing type. Single - family detached, single -
family attached, multi - family and age restricted residential units are proposed.
A double row of evergreens is proffered along Cedar Creek Grade to minimize the impact on
the historic Homespun property. A Phase I Archaeological Assessment of the Penbrook
Cove farmstead will be conducted, and the results displayed in the age - restricted community
center building.
B) Commercial Land Use
A commercial center and a neighborhood center are designated along Jubal Early Drive.
Following abandonment by V DOT, the applicant will process a rezoning for the right -of -way
associated with Merrimans Lane, and this will be incorporated into the commercial area of
Willow Run. (Once this abandoned right -of -way is incorporated into the Willow Run
commercial center, 10% of the site will be commercial as required in the R4 Zoning District)
The applicant will make available to Frederick County, for an aquatic center, a 5 -acre site
(with the precise location unclear) in the commercial center. The applicant is seeking to
receive recreational credit for the value of that land. The floorspace of the aquatic enter will
nor count towards the 20,000 square feet of guaranteed commercial floorspace. Frederick
County has five years to accept the 5 -acre site.
Staff-Mote: The WJELUP clearly calls for a large commercial area. Locating the aquatic
center in the commercial area will diminish the commercial floorspace and future tax
revenues to the County. Staffwould recommend locating the aquatic center adjacent to the
commercial center on land currently designated for residential use. The aquatic center
could then complement, rather than diminish, the commercial core.
Similar construction materials will be used in the commercial development. Construction
materials visible from adjacent streets shall be limited to brick, stone, artificial stone,
simulated stucco, cementuous siding, wood, glass, standing seam metal, dimensional
shingles, or false roof systems. Business signs will be limited to freestanding monument
signs, with a maximum height of 15 feet, and building mounted signs.
Staff Note: Neo- traditional developments generally include a commitment to a traditional
streetscape by having standards for design, setbacks, uses, entrances and storefronts, and
encouraging traditional signs, such as awning signs and projecting signs.
Rezoning 921 -06 — Willow Run
February 20, 2007
Page 12
No parking lots will be located between the commercial building fronting Jubal Early Drive
and Sandyridge Boulevard and those roads.
10,000 square feet of commercial floorspace is proffered prior to the issuance of the 600th
residential building permit. An additional 10,000 square feet of commercial floorspace is
proffered prior to the issuance of the 1,000th residential building permit.
StaffNote: The R4 Zoning District ( §165 - 72!11(3) requires a reasonable proportion of the
nonresidential uses in all phases of development This application offers very little proffered
commercial floorspace. Full residential build -out (1, 390 units) could occur with only 20, 000
square feel of commercial floorspace.
Commercial uses excluded in this development include B3 (Industrial Transition) uses and
Ml (Light Industrial) uses not otherwise allowed in the B2 District, gasoline service stations
and outdoor gasoline pumps, and individual units larger than 50,000 square feet, except for
grocery stores, indoor motion picture theaters, indoor amusement and recreational services,
and the aquatic enter.
Staffnote: This proffer insures that no gas stations or big box stores will be located on this
site. As stated previously, staff would also encourage a consideration of store frontages,
entrances, signage, etc., to insure a traditional neighborhood development.
C) Master Development Plan (MDP)
As required with an R4 rezoning, the Master Development Plan (MDP) is proffered. (The
staff report for the MDP is attached to this report.) The applicant has identified certain
elements of the MDP that are intended to be flexible, such that if the applicant seeks to
change these, the MDP will need to be revised, but a new conditional rezoning will not be
required. The specific flexible elements are analyzed under Community Design
Modifications below.
D) Transportation Enhancements
1) The applicant will construct Jubal Early Drive as a four -lane landscaped
median section, including the realignment of Meadow Branch Avenue, from
the City of Winchester to Route 37. Right -of -way for this road between the
City of Winchester and Merrimans Lane will be dedicated before the issuance
of the 200 building permit.
2) Jubal Early Drive, between the City of Winchester and the second intersection
identified on the MDP, will be constructed prior to issuance of the 300`
building permit.
•
Rezoning 921 -06 — Willow Run
February 20, 2007
Page 13
3) Jubal Early Drive, between the second intersection identified on the MDP and
the first commercial center intersection identified on the MDP, will be
constructed prior to issuance of the 450` building permit.
4) Jubal Early Drive, between the first commercial center intersection identified
on the MDP and the Route 37 northbound on and off ramps, will be constructed
prior to issuance of the 600` building permit.
5) The Route 37 northbound and southbound on and off ramps will utilize a
roundabout design and the existing bridge structure. Construction of the ramps
will commence within 24 months of rezoning approval and will be available for
public use within 60 months of rezoning approval or no later than the 600`
building permit, whichever occurs first. Sufficient right -of -way is being
provided on the east side of Route 37 to accommodate a two -lane roundabout,
should one be needed in the future.
6) Merrimans Lane will be realigned and constructed prior to issuance of the 600`
building permit.
7) Cidermill Lane in the City of Winchester will be extended into the Willow Run
development, but barricaded until the interchange ramps are completed.
8) A traffic signal, with pedestrian actualization, will be installed at the
intersection of Jubal Early Drive and Meadow Branch Avenue when warranted
by VDOT. A traffic signal, with pedestrian actualization, will be installed at
the intersection of Jubal Early Drive and Merrimans Lane when warranted by
VDOT. A traffic signal will be installed at the intersection of Birchmont Drive
and Cedar Creek Grade when warranted by VDOT.
9) Intersection improvements, including turn lanes, will be constructed at the
intersection of Birchmont Drive and Cedar Creek Grade (see proffered exhibit)
prior to the issuance of the 200 residential permit. An additional 20 feet of
right -of -way will be dedicated along Cedar Creek Grade. Birchmont Drive will
include traffic calming measures. Cedar Creek Grade and Jubal Early Drive
will be connected via Birchmont Drive and Station Hill Road, prior to the
issuance of the 200 residential permit.
10) A monetary contribution of $100,000 will be made to the City of Winchester to
mitigate the impact of this development on intersection in the city.
0 0
Rezoning 921 -06 — Willow Run
February 20, 2006
Page 14
11) All subdivision streets shall be constructed to standards identified on the MDP.
Private alleys will be constructed to V DOT vertical sectional standards. One -
way alleys will have a minimum of 12 feet of pavement. Two -way alleys will
have a minimum of 18 feet of pavement.
Staff Note: Construction of the interchange ramps is tied to the 24 and 60 month
following the rezoning or the 600` permits whichever occurs first. The realignment of
Merriman's Lane will likely be necessary to accommodate the ramps so this improvement is
likely linked to the same time frame, although this is not specifically profferred. If the
development were to cease before the 600' residential buildingpermit, the following would
be in place: right -of- -way for all ofJubal Early Drive, the realignment of Meadow Branch
Avenue and construction of the residential portion of Jubal Early Drive. Completion of
Jubal Early Drive through the commercial area would be the only significant road
improvement lacking if construction was to cease before the 600` building permit.
E) Monetary Contributions
$9,078 per non - age - restricted dwelling unit is proffered for capital facilities. $2,000 per age -
restricted dwelling unit is proffered for capital facilities.
Staff Note: As of September 2006, impacts are projected as $22,098 for a single - family
detached unit, S15, 530 for a townhouse and S8, 739 for a multi - family unit.
$25,000 will be given to Frederick County for the Round Hill Fire and Rescue Company and
$25,000 will be given to the City of Winchester for the Shawnee Fire and Rescue Company.
$100 per residential unit, per year, will be paid by the Property Owners Association to the
City of Winchester for fire and rescue purposes until the Route 37 interchange southbound
ramp is accessible.
$1,000 for each non - age - restricted unit will be provided for the purpose of site acquisition for
a school.
Staff Note: See previous comments concerning the need for a school site in this area.
F) Community Recreation
A community center, with a minimum of 4,000 square feet (to count towards the active
recreational amenity requirement), shall be bonded by the 400` building permit and
constructed prior to the issuance of the 600 building permit. Should the county not acquire
the 5 -acre site in the commercial area for an aquatic center, then the applicant will provide an
outdoor community pool facility prior to the issuance of the 600 building permit.
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 15
An age- restricted community center, with a minimum of 2,000 square feet (to count towards
the active recreational amenity requirement), shall be bonded in conjunction with the first
subdivision design plan for the age- restricted community and constructed prior to the
issuance of the 60 age - restricted residential building permit.
The Green Circle shall be extended from the City of Winchester to the commercial center. It
will be a 10 -foot wide asphalt trail. The applicant will also construct a six -foot wide internal
trail system. This trail system will be private, but apublic access easement will be provided
for the sections around the man-made lake and along Sandyridge Boulevard. Both trail
systems will count towards the active recreational amenity requirement of this development.
Staff Note: Two community centers and the trail systems are proffered unreservedly.
However, the applicant is seeking to count the monetary value of the 5 -acre aquatic center
land towards the development's active recreational requirement. This could impact the on-
site recreational units for the future residents of Willow Run. The value of the 5-acre site
could be so high as to fulfill the dollar value of required recreational units. The
development could be left with minimal on -site recreational facilities.
G) Environmental
A Developmentally Sensitive Area (DSA), identifying the location of wetlands, is delineated
on the MDP. A 50' buffer adjacent to the DSA will be called the Resource Protection Area
(RSA). The only disturbance that will be allowed within the DSA and the RPA adjacent to
wetlands areas, will be road and utility crossings, and pedestrian and bicycle facility crossing.
The applicant has proffered to conduct a geotechnical analysis on all residential properties
platted within 100 feet of the major karst feature identified on the GDP.
The development of a landscape plan for the wetlands south of Jubal Early Drive will be
prepared. All planting described in that plan will be installed. The Shenandoah University
Environmental Studies Department will be allowed access to this area as an outdoor land lab.
Commercial site plans and the community center site plans will be designed to implement
Best Management Practices (BMP) to promote stormwater quality measures.
6) Community Design Modification Document — February 12, 2007
§165- 720(3) of the Zoning Ordinance allows applicants to the R4 District to alter the
requirements of the R4 District with modifications specifically approved by the Board of
Supervisors as part of the conditional rezoning. A number of modifications to the R4 Zoning
Ordinance are sought by the applicant. These are included in the Community Design
Modification Document and highlighted below. (Action on each of these modifications is
requested.)
• •
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 16
A) Modification #1 — $165 -68 Master Development Plan (MDP)
Under §165 -68 of the Zoning Ordinance, aMaster Development Plan (MDP) is required with
an R4 rezoning and it is accepted as a proffered condition. §165 -13(D) of the Zoning
Ordinance requires that any change to a proffered condition requires a new conditional
rezoning. This applicant is seeking approval to allow some elements of the MDP to be
flexible, such that if changes are sought in the future, revisions to the MDP would be pursued
in a manner consistent with all MDP modifications, but a new conditional rezoning would
not be required. All of the flexible elements sought are listed on pages 1 & 2 of the
Community Design Modification Document and include:
• Phasing boundaries and a phasing schedule are not required.
• Acreages of environmental features may vary, so long as minimum ordinance
standards are met.
• Acreages in housing type and road right -of -way may be modified. (Staff Note: This
does not alter the proffered residential matrix or the proffered road standards.)
• The location and type of recreational facility may be modified, provided that an
equivalent facility value is provided. (Staff Note: Staff has concerns with this
request. See earlier staff comment that the land value of the aquatic center site may
provide the majority of the recreational value in this community. Future residents
could be left with few recreational facilities, such as tot lots, throughout this
development.)
• Other than the major collector roads, precise road locations, site entrances, driveways
and parking areas may be modified.
• The precise location of utility lines maybe modified.
• Additional stormwater management facilities may be added.
• Road names may be revised.
B) Modification #2 — § 165 -69 Permitted Uses
Under §165 -69 of the Zoning Ordinance, all uses allowed in the RP (Residential
Performance) District, BI (Neighborhood Business) District, B2 (Business General) District
and M 1 (Light Industrial) District are allowed in the R4 District. The applicant is seeking to
add nine new housing types to the list of allowed uses. The nine housing types are included
in a table in the Community Design Modification Document and separate design plans are
provided for each. In general, the lots sizes and setbacks are smaller than the standards in the
RP District. The maximum building heights are also higher than those in the RP District.
Specifically, the maximum height sought for single family detached units, townhouses and
condominiums is 50' instead of the RP standards of 35' for single family units and 40' for
garden apartments.
Staff Note: Small lots with higher building heights are typically a part of traditional
neighborhood developments.
0 0
Rezoning #21 -06 — Willow Run
February 20, 2007
Page 17
C) Modification #3 — � 165 -71 Mixture of Housing Unit Types Required
Under § 165 -71 of the Zoning Ordinance, in the R4 District, no more than 40% of the area of
portions of the planned community designated for residential uses shall be used for any of the
following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses,
townhouses or garden apartments or any combination of those housing types. The applicant
is seeking to allow a maximum of 60% of the area designated for residential uses to be used
for single family attached and multi - family units.
Staff Note: Greater use ofsingle family attached units and multi family units is in general a
design feature of planned communities. It also enhances the creation of an urban center in
Willow Run as envisioned in the pending UDA study. The applicant will still be bound by the
proffered residential unit matrix.
D) Modification 94 — & 165 -72D Commercial and Industrial Areas
Under § 165 -72D of the Zoning Ordinance, in an R4 District, a minimum of 10% of the gross
area of the project shall be used for business and industrial uses. This equates to 36 acres for
this development. The applicant is seeking to allow a minimum of 9% of the gross area of
the project to be used for business and industrial uses. The applicant has proffered that once
the right -of -way for the existing Merriman's Lane is abandoned by V DOT, a rezoning for
that land will be processed so that it can be incorporated into the commercial center at
Willow Run. This additional land would bring the site up to the minimum 10% required by
ordinance.
Staff Note: The applicant is proffering a 5 -acre site in the commercial area for an aquatic
center. Thisfive acre site, if accepted by the county, would not function as commercial land,
but rather as institutional land. The commercial core would be eroded and potential tax
revenues reduced. While public buildings are an allowed use in the BI, B2, B3 and MI
Districts, and would be allowed in the commercial area of Willow Run, in effect, the 10%
commercial area would not truly be achieved. To remain consistent with the WJEL UP, a
large commercial area needs to be maintained.
E) Modification #5 — & 165 -72G Buffers and Screening
§165 -72G of the Zoning Ordinance allows alternative buffers and screening in the R4
District, in place of those called for in §165 -37 (Buffer and Screening Requirements),
provided these are shown on the MDP and approved by the Board of Supervisors. The
applicant has requested such modifications and these are included on the MDP. Details of
the modifications are contained in the staff report for the MDP.
The applicant is also seeking to be released from the road efficiency buffer requirement along
both sides of Sandyridge Boulevard throughout the residential portion. As Sandyridge
Boulevard is designated as a major collector road in the WJELUP, the road efficiency buffer
0 0
Rezoning #21 -06 — Willow Run
February 20, 2007
Page 18
called for in §165-37 of the zoning ordinance includes a full distance buffer of 80 feet or a
reduced distance buffer of 50 feet, plus evergreens (and in the case of the reduced distance
buffer, a berm). The applicant is seeking a neo- traditional development which includes
buildings closer to the street. On the residential portion of Sandyridge Boulevard the
applicant will be providing a raised landscaped center median with on- street parking and
street trees between the back of the curb and the sidewalk.
Staff note: Sandyridge Boulevard has been designed in such a way that if needed in the
. future it could function as a four -lane road without on- street parking.
F) Modification 46 — § 165 -72I Road Access
§ 165 -72I of the Zoning Ordinance requires that each R4 District include a complete system
of public streets dedicated to the Virginia Department of Transportation. The applicant is
seeking to provide public street dedicated to V DOT or private streets and alleys owned and
operated by the Willow Run Home Owners Association. The applicant's justification is that
traditional Neighborhood Developments are typically served by alley systems.
StaffAote: Staffunderstands the justification for private alleys, but does not understand the
need for private streets.
G) Modification 47 — & 165 -72B Dimensional Requirements
§ 165 -72B of the Zoning Ordinance allows alternative dimensional requirements in the R4
District. The applicant is seeking to modify the dimensional requirements required in the B2
(Business General) District for the commercial areas. They are seeking a minimum front
yard setback of 20 feet. (The B2 requirement along major collector roads is 35 feet.) They
are also seeking a height limit of 50 feet to accommodate commercial, office and residential
land uses above the retail. (The B2 height limit is 35 feet.)
S[aff Note. The shallow setback and increased height are in keeping with traditional
neighborhood design.
STAFF CONCLUSIONS FOR THE 02/07/07 PLANNING COMMISSION MEETING:
The overall land use proposed is generally consistent with the Western Jubal Early Land Use Plan.
The applicant is also incorporating some of the neo - traditional recommendations of the UDA study.
Notable shortcoming identified by staff includes:
• Minimal proffered commercial floorspace;
• Few commitments to the layout and design of the commercial areas;
• Erosion of the commercial core if an aquatic site is developed;
• No school site;
0 0
Rezoning 921 -06 — Willow Run
February 20, 2007
Page 19
• Use of old Fiscal Impact Model; and
• Incomplete road network if residential construction ceases before the 600 building
permit.
PLANNING COMMISSION SUMMARY AND ACTION OF 02/07/07
The staff pointed out that several actions were required from the Planning Commission for this
rezoning application: An action was required on the requested modifications to the R4 District; an
action was required on the applicant's alternative buffer and screening plans; and an action was
required on the rezoning application with the proffered master development plan. An additional
modification request was added by the applicant to the six originally requested, specifically for
reduction of the commercial front yard setback to 20 feet, and a commercial building height limit of
50 feet.
The applicant reviewed the phasing programs for building permits and for delivering major road
infrastructure; reviewed the provision of a monetary contribution towards a school site at another
location; and reviewed the transportation improvements which included: construction ofJubal Early
through the property as a four -lane landscaped median section with dedicated right -of -way, the
realignment of Meadow Branch Avenue, frontage improvements on Cedar Creek Grade, the
connection of Cedar Creek Grade and Jubal Early Drive, the relocation of Merrimans Lane, fully -
funded multiple signalization, and construction of both north -bound and south -bound ramps on
Route 37. The applicant also discussed the residential and commercial design elements, the
recreational amenities, the walkable environment, and other monetary proffers.
Eleven persons came forward to speak during the public comment portion of the public hearing; five
of those were adjacent property owners in the City of Winchester, five were residents of Frederick
County and one was associated with Shenandoah University. Residents of Frederick County voiced
concerns about environmental issues, particularly the clear - cutting of mature woodlands and its
affect on wildlife, the need to provide wildlife corridors, and the need to remove residential housing
within the Resource Protection Area (RPA); protection of the wetlands and maintaining the marsh's
natural vegetation; construction of walkways with porous materials to reduce runoff, preservation of
natural landscapes and connecting greenways; concern about the provision of a water supply and
wastewater treatment; and concern for the protection of existing historic structures and properties.
One County resident asked if Birchmont Drive would line up with the Homespun property on Cedar
Creek Grade. Residents of the City of Winchester were concerned about the appearance of
commercial areas adjacent to their homes, particularly with the view of trash receptacles, night -time
lighting, noise, parking, vehicle exhaust, overhead electrical lines, increased amounts of impervious
surfaces, and structure heights. City residents wanted to know about the County's setback guidelines
and buffer requirements, what the proposed commercial uses would be, and if 24 -hour operations
would be permitted. The speaker from Shenandoah University acknowledged the efforts to protect
the wetlands and to continue the Green Circle, expressed concern about the fragmentation of the
0 0
Rezoning 921 -06 — Willow Run
February 20, 2007
Page 20
woodlands, and requested a slight change to proffer 14 on vegetative plantings.
Discussion among the Planning Commissioners raised numerous concerns. One view was that the
new fiscal impact model should be used to evaluate the project, instead of the old model, because the
application had significantly changed since its previous submittal by requesting an R4 rezoning. A
concern was raised about the possible reduction of the commercial area, should the County decide to
construct the aquatic center at this location and about having the value of the land for the County's
five -acre aquatic site count towards the applicant's required recreational amenities. Questions were
raised on whether all roads achieved a LOS "C." Questions were raised regarding the potential
impacts with the development of the remainder of the WJELUP, particularly with transportation.
Members of the Commission were willing to accept the use of the old fiscal impact model because of
the substantial transportation improvements, particularly the Jubal Early connection, and the
contribution towards the purchase of a school site. Other members were pleased with the project
because it incorporated design concepts of neo- traditional development in the UDA envisioned by
the study committee and they recognized the applicant's cooperation with various agencies to
achieve the design needed to bring the project to fruition.
Action — PC Recommended Acceptance of Modifications #1 through #7
• Modification #1 - §165 -68 Master Development Plan
• Modification #2 - §165 -69 Permitted Uses
• Modification #3 - §165 -71 Mixture of Housing Unit Types Required
• Modification 94 - §165 -72D Commercial and Industrial Areas
• Modification #5 - §165 -72G Buffers and Screening
• Modification #6 - §165 -72I Road Access
• Modification #7- §165 -72B (20 Feet Building Restriction Line and 50 Feet Building
Height)
By a majority vote, the Commission recommended the acceptance of all the modifications requested:
YES (TO ACCEPT MODIFICATIONS) Watt, Manuel, Morris, Oates, Wilmot, Thomas, Ours, Kriz,
Triplett, Kerr
NO: Light ABSTAIN Mohn, Unger
Action — PC Recommended Acceptance of Alternative Buffer and Screening Plans
By a unanimous vote, the Commission recommended the acceptance of the alternative buffer and
screening plans as requested by the applicant for proposed MDP #15 -06 of Willow Run and as allowed
by §165- 72G(2) of the R4 Zoning District regulations. ABSTAIN Mohn, Unger
0 6
Rezoning 421 -06 — Willow Run
February 20, 2007
Page 21
Action—PC Recommended Approval of Rezoning #21 -06 of Willow Run, including MDP #15 -06,
and all other proffers
By a majority vote, the Commission recommended approval of the rezoning and MDP with proffers, as
follows:
YES (TO REC. APPROVAL) Watt, Manuel, Morris, Oates, Wilmot, Thomas, Ours, Kriz, Triplett,
Kerr
NO: Light ABSTAIN Mohn, Unger
(Please Note: Commissioners Unger and Mohn abstained from all discussion and all voting.)
STAFF CONCLUSIONS FOR THE 02/28/07 BOARD OF SUPERVISORS MEETING:
The overall land use proposed is generally consistent with the Western Jubal Early Land Use Plan. The
applicant is also incorporating some of the neo- traditional recommendations of the UDA study. Issues
to be considered by the Board include:
• Minimal proffered commercial floorspace;
• Few commitments to the layout and design of the commercial areas;
• Erosion of the commercial core if an aquatic site is developed;
• No school site;
• Use of old Fiscal Impact Model; and
• Jubal Early Drive not fully constructed in the commercial area if residential construction
ceases before the 600 building permit.
Following the required public hearing, a number of decisions regarding this rezoning application by
the Board of Supervisors would be appropriate. Decisions are needed on the seven R4 District
modifications; decisions are needed on the three buffer waivers for the MDP; and a decision is
needed on the rezoning, which includes the proffered MDP. The applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Frederick County, V/
Location in the county
Map Features
Application
>3 LakesrPords
Streams
Builtli0
Streets
9%& Primary
Secondary
Terciary
�- Wnchester Rds
Rezoning
REZ # 21 - 06
Application
Willow Run
Parcel ID:
53 - A - 90, 91, 92, 92A
53 - A - 92B, 94,
53.3- A,63 -A -2A
Location in Surrounding Area
ic x r
o-
® 0 375 950 1,5PU q
L eet �
�y
Frederick County, VJ
Location in the Lountl
Rezoning
REZ #21 -06
Application
Willow Run
Parcel ID:
53 - A - 90, 91, 92, 92A,
53 - A - 9213, 94,
53.3- A,63 -A -2A
Map Features
CO Application
Zoning
8 LakesA'ords
' B1 (Business, Neighborhood District)
Streams
- - By (Business, General District)
Buildings
B3 ( Business, Industrial Transition District)
Streets
EM (Extractive Manufacturing District)
IIII& Primary
HE (Higher Education District)
Secondary
M1 ( Industrial, Light District)
ti Terciary
- M2 (industrial General District)
Wmchesler Rdi MH1 (Mobile Home Community District)
illill' MS (Medical Support District)
® R4 (Residential, Planned Community District)
R5 (Residential Recreational Community Dish
RAZ (Rural Area Zone)
RP (Residual Performance District)
Location in Surrounding Area
LK r
= 0 375 750 1,5nct K
Frederick County, V/
Location in the Louri
Rezoning
REZ # 21 - 06
Application
Willow Run
Parcel ID:
53 - A - 90, 91, 92, 92A
53 - A - 92B, 94,
53.3- A,63 -A -2A
Map Features
O Application Lone Range Lana Use
£3 LakeePonds
Rural Community Center
^— Streams
Residential
® Buildings
W Business
Streets
® Industrial
♦ Primary
io Institutional
�. Seminary
4'SC' Recreation
-V Tertiary
is Hlstono l DSA
Wmchesler Rds® Mixed -Use
® Planned Unit Development
Location in Surrounding Area
W e
0 375 750 1 ' Poet 9
05 -17 -2004 11 :SSW From-NARR130N l JOHNSTON „ . 5406671312 T -682 P.009 /018 F -337
4D
MERRIMAN,5,.. Q�
ROUTE 37 LANIE I '
Op
i. C�GNryE -SCR �
I
ORCHARD
LANE i c i
� � N
A
SITE-
VICINITY MAP w
• SCALE: 7" =2
APPS I/ED Y
SUBDIVISION ADMINISTRATOR DA 7E (- )'•;!: l !� 1 A f
CURVE TABLE
CURVE
DELTA ANGLE
RADIUS
ARC LENGTH
TANGENT
I CHORD LENGTH
I CHORD BEARING
C7
10727'33"
50.00'
93.78'
68.74'
80.62'
N 13
C2
44'72'49"
624.07'
481.58'
253.49'
489.72'
N 73'51'17" E
C3
14'0825"
477.47'
117.84'
59.22'
117.54'
N 43'01'54" E
C4
07'16'20"
477.47'
60.60'
30.34'
60.56'
N 53'44'17" E
C5
26'0327"
213.23'
95.97'
49.34'
1 96.14'
S 21'02'50" W
LINE
TABLE
LINE
BEARING
DISTANCE
L7
N 14'2245" W
78.16'
L2
N 59'10'51" E
109.08'
L3
N 26'0528" E
98.77'
L4
N 22'35'76" W
750.77'
L5
N 3154'53" E
138.70'
L6
N 11'58'27" E
73.79'
L7
N 54'02'19" W
20.00'
LB
N 572227" E
105.00'
L9
S 6&'2673" E
169.['5'
LID
N 34'04'34" E
97,74'
111
N 08'01'06" E
65.70'
SURVEYORS CERTIFICA TE
I HEREBY CER77FY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A
PORTION OF THE LAND CONVEYED TO WILLOW GROVE L.C., (TM- 53 -A -92J BY DEED DATED 20
SEPTEMBER, 1996, AS RECORDED IN DEED BOOK 869 PAGE 596 IN THE OFFICE OF THE CIRCUIT
COURT OF THE COUNTY OF FREDERICK, VIRGINIA, AND ALL OF THE LAND CONVE D TO MILLER
AND SMITH AT WILLOW RUN, L.L.C.[ M-53- A-92AJ BY DEED DATED /"y0' >J0 2004, AS
RECORDED IN INSTRUMENT NUMBER - OP IN THE OFFIC OF THE CLERK OF THE
CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA. THE CURRENT ZONING FOR THESE
PROPERTIES IS RA.
80UNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
WILLOW GROVE L.C.
TAX -A -92o
TH OF
4 �
2
MILLER AND SMITH AT WILLOW RUN, L.L.C.
TAX MAP 55 -A -921
SHAWNEE DISTRICT
u. OD119
FR£DER /CK COUNTY VIRCINW
\ �' SUR`!F -'A
�NN4N��
04TE. 04/17/04
SCALE' N/A SHE£T. I OF B
Marsh & Le Land Surve P.LC.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
DRAWN 8T: D✓F
PHONE (540) 667 -0465 - FAX (540) 667 -0469 - EMAIL cfTice9rnar3hanClegge.caM
DWG NAME: 5464- BL4.dwg
05- 17-2004 11:50am Frm- HARRISON 8 JOHNSTON . 54056TI312 T-682 P.010 /0 F-337
O
OWNER'S CERTIF /CA TE �
I E ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF WILLOW GROVE L.C.
TM- 53- A -92], AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN
ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF
ANY.
ON BEHALF OF WI LLOW GROVE L.C.
NOTARY PUBLIC
STATE OF K ( I I �{
CITY /COU OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME O A /I • ' %.�' ` I BY
(DA TE)
ON BEHALF OF WILLOW GROVE C.C. -
1 %(' MY COMMISSION EXPIRES �-'C' /Y.
u=
T '(NOTARY PUBLIC)
OWNER'S CER TIFICA TE
THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF MILLER AND SMITH
AT WILLOW RUN, L.L.C. [TM- 53- A -92A], AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE
FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS,
PROPRIETORS, AND TfpI TEES, ll� ANY.
By
ON BEHALF OF LL£R SMITH AT WILLOW RUN, 41. C.
NOTARY PUBLIC
STATE OF y fV p
THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME ON lAg I ) 206LL —er
/� U � e5 (DATE)
Aq Tj Sj . -l-C'• ON BEHALF OF MILLER AND SMITH AT WILLOW RUN, L.L.C.
Qp, , 'E l . MY COMMISSION EXP /RES�' 3D_�� _
NOTARY PUBLIC)
NOTES:
1. NO TITLE REPORT FURNISHED; THEREFORE, THERE MAY BE ENCUMBRANCES AFFECTING
THE PROPERTY BY THIS SURVEY AND PLAT THAT ARE NOT SHOWN HEREIN.
2. BOUNDARY INFORMATION SHOWN HEREIN IS BASED ON AN ACTUAL FIELD SURVEY
COMPLETED JULY 2003.
BETWEEN THE LAADS OF
WILLOW GROVE L.C.
TAX MAP 53 -A -92
AND
MILLER AND SMITH AT WILLOW RUN, L.L.C.
TAX MAP 53 -A -92A
DATE.• 04127104 I SCALE N/A I SHEET. 2 OF 8
Marsh & Le Land Sury e yors, P.L.C.
560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601
PHONE (540) 667 -0468 - FAX (540) 667 -0469 - EMAIL ollice0macHandlegge.mm
No. 001197
tq'VD Vf��4
DRAWN BY: DJF
DWG NAME: 5464- 51A.dwg
os -1T -2001 I1 Man From- HARRISON d JOHNSTON
8406611312 T-662 P.011 /01B F -337
O
O
l�
SHEET 3 OF 8 \ o
I SHEET 5 OF 8 \ cp
SHEET 4 OF 8
• sz � I
SHEET 6 OF 8 ! ` I
0
I
' KEYMAP
0' 400' Boo'
GRAPHIC SCALE I" =400'
BETWEEN THE LANDS OF
�TH O
�f
WILLOW GROVE L.C.
TAX 4W
-5.Y-A--Q2
AND
?
MILLER AND SMITH AT WILLOW RUN, L.L.C.
U 9
TAX MAP 5J —A-92A
O Ek .
SHMNEE D/S7WT
o. 001197
FREDERICK COUNTY /RGlNG1
44N suit RV �' �\
DATE 04127104
SCALE. 1 =400'
SHEET. 2A OF 8
Marsh & Le Land Surve P.L.Q.
560 NORTH LOUDUUN STREET - WINCHESTER, UiRGiNIA 22601
DRAWN ELY: 0 ✓F
—
PHONE (540) 667 -0466 - FAX (540) 667 -0469 - EMAIL affice6marshandlegge.com
DWG NAME; 5464- BLA.divg
05-1 T-2004 IL'58am From- HARRISON f JOHNSTON• 54066TI312 T-662 P.012 /O LB F-337
N
O
0' 200' 400' MERRIMAN CHASE SUBDIVISION
OPEN SPACE
INST. f 030007014
RAPHIC SCALE' 1" =200' ZONED: RP / 4 62,63'
USE: RESIDENTIAL(OPEN SPACE) X22' E
6'S
01 L4
Io
FR FBJ_ q C /y,
J _
•
Q 934
No 2
IF
4P�-y .r':•
�p �� 4.497 ACRES
� 0 6 �
h
'I P�
Z � • e (WEST SIDE OF
dry q
I
1A
p RTE. 621)
53 -A -92A
ZONED; RA
�t
S 5418'52" W 5 29213'
CMF9k0oq�
\ � \P �O�S
G �0 p ti
•CIAF 226.78'
VA.
p ry �h' i
e
I
SEC. ROUTE 621
�yo
CMF i
�p � pe
MERRIMAN'S LANE L5
CMF
,
621)
N
(VARIABLE WIDTH R /W) .
4497
CMF
B 431 PG 203
RTE.
621)
CMF
?s7p'S?
CMf
U
CMF
CM L2
ADJUSTED
Q q
I
M ^ O j
JIRIF
z I
N c o
O a I
I "
01 L4
Io
FR FBJ_ q C /y,
J _
FOUND
RF- IRON FOUND
is
No 2
IF
q �D
�I
I
SEE SHEET 1 OF 8 FOR
53 -A -92A
ZONED; RA
IA
LINE AND CURVE DATA
h
1.444
ACRES ORIG. AREA
I
zl
I +
139.901
ACRES (EAST SIDE RTE.
621)
a ..r.
Im;;{�
4497
ACRES (WEST
SIDE
RTE.
621)
145.42
ACRES TOTAL
ADJUSTED
AREA
JIRIF
LEGEND:
rn
h
E1
d
vmlI
FR FBJ_ q C /y,
J _
FOUND
RF- IRON FOUND
I_
ELCO, I. I ' S
M ELCO, I
q �D
OB 565 PG 783'
I
SEE SHEET 1 OF 8 FOR
ZONED; RA
IA
LINE AND CURVE DATA
USE.
_
MATCHLINE: SEE SHEET 4 OF 8 --
a ..r.
Im;;{�
BETWEEN THE LANOS OF
WILLOW GROVE L.C.
TAX AW 53 -A -92
AND
MILLER AND SMITH AF WILLOW RUN, L.L.C.
FJW OATS. 04127104 1 SCALE 1 I SHEET.• 3 OF B
Marsh & Le Land Su rveyors P.L.C.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (540) 667 -0468 - FAX (540) 667 -0469 - EMAIL o1Nce0m=h=dlcggaeom
o ggas L ge
No. 001197
CgNO 9URNF'��
�N144NN
DRAWN BY: 0./F
DWG NAME: 5464- BLA.dwq
05-17 -2004 II:SSu From-AARRISON i JOHNSTON 5406671312
53 -A -94'
MELCO, INC.
DB 565 PG 783
ZONED:RA
USE: RESIDENTIAL
WILLOW L 30 A L"'
53
DB 871 PGRA2
zON COE:
AG RICULTURA L
r: t. _.. ..,
L /
I HfRFey o Cq� / j l
I ai
I
I
L_
4- 0
IL
S�
T -fi32 P.013 /018 F -337
• O
r')
l3R1, .� - �
p00'
I DENOTES EXIS77NG
I PROPERTY LINE
HEREBY VACATED
I (TYPICAL)
I
i5' I
I
I
I
I
I
z I
I I
V I
I u I
' I 53 -A -92A
F 1.4441'hCRES ORIG. AREA
+ 139.901 1 `ACRES (EAST SIDE RTE. 621)
63 -A -7 ± 4.4971 CRES (WEST SIDE RTE. 621)
JOVA PROPERTIES, LLC 145.642 ACRES TOTAL ADJUSTED AREA
INST. J/ 040000377 I
ZONED: RA
USE: AGRICULTURAL
I
I
LEGEND:
CMF- CONCRETE MONUMENT FOUND I -
JRF -IRON ROD FOUND
I _-
SEE SHEET 1 OF 8 FOR I -
LINE AND CURVE DATA I _
0 200' 400'
GRAPHIC SCALE: 1" =200'
BOUNNRY LINE ADJUSTMENT
BETWEEN THE LANDS OF
WILLOW GROVE L. 0.
TAX MAP 53 -A -92
AND
MILLER AND SMITH AT WILLOW RUN,
TAX MAP 53 -A -92A
SF64wNEE D/Slk /CT
i
53 -A -91
YSTONE PROPERTIES, LLC
INSTR. q 030024683
ZONED: RA
USE: AGRICULTURAL
L.L.C.
F L14TE.' 04127104 I SCALE.• 7 =200' I SHEET • 4 OF 8
Marsh & Le Land Surve P.L.C.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (SC l 667 -0468 r FAX (540) 667 -0469 - EMAIL olfirlHmonhwdleggec=
No. 00110 -
C„ND 9D4Vf���
��H4NNN�
DRAWN BY: DW
DWG NAME: 5464- 6ttA.dwg
05 -1T -2004 'II:59mm From- HARNSON 4 JOHNSTON 5408811312 T -662 P.014 /016 F -33T
N
6l VA. SEC. ROUTE 627
' o' �w
' 5 1 , �� MERRIMAN'S LANE
0 �,P 30 PRESCRIPTIVE'
I
c3G -O� QG 6 � C3 C4 C8 fASEMfNT
/ 1
�COMA1, OF
Ln
Y /
0� • : I I PG 2031
P O I
O�
co
01 �NOED
LP \
750 LLC
DRAINFIELD \
EASEL {ENT ,
56.93 k "f t �S BEY..
1 gPR
ux So
53 -A -92A \\\� 8oti �icl�4 Ex'\
1.444 ACRES ORIG. AREA lUW
I
* 139.901 ACRES (EAST SIDE RTE. 621) ^ e F �fq 7592 DVS o
+ 4.497 ACRES (WEST SIDE RTE. 621) ^ 7 G S s4
145.642 ACRES TOT ADJUSTED AREA s
LEGEND
:
CMF- CONCRETE MONUMENT FOUND �
IRF -IRON ROD FOUND
200' 400' SEE SHEET 1 OF 8 FOR I ^ ^
LINE AND CURVE DATA
GRAPHIC SCALE: 1" =200'
MA TL:HLINE MA SEE S HEET 6 OF 8
;ic'E 5:'EE'T —
.; OF 3
BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
WILLOW GROVE L.C.
TAX MAP 53 -A -92
AND
MILLER AND SMITH AT WILLOW RUN, L.L.C.
TAX MAP 53 -A -921
AM OATE.- 04127104 1 SCALE.' l ' =200' 1 SHEET' S OF 8
Marsh & Le Land Surve P.L.C.
560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601
PHONE (540) 667 -0468 - FAX (540) 667 -0469 - EMAIL olfice0monhondlcgge.com
44A iCPh ViE:
"No. 001197 -
4
/ SUANS
m NHN� N�
DRAWN BY: D✓F
DWG NAME: 5464- BLA.dwg
/®
53 -A-92B
F DB918PG1141
m v ZONED: RA
USE. RESIDENTIAL
0, m1
�3
c >II 1
Sy`
I� A N
A
I ?�'1 rn
I \
%
DRAINFIELD \
EASEL {ENT ,
56.93 k "f t �S BEY..
1 gPR
ux So
53 -A -92A \\\� 8oti �icl�4 Ex'\
1.444 ACRES ORIG. AREA lUW
I
* 139.901 ACRES (EAST SIDE RTE. 621) ^ e F �fq 7592 DVS o
+ 4.497 ACRES (WEST SIDE RTE. 621) ^ 7 G S s4
145.642 ACRES TOT ADJUSTED AREA s
LEGEND
:
CMF- CONCRETE MONUMENT FOUND �
IRF -IRON ROD FOUND
200' 400' SEE SHEET 1 OF 8 FOR I ^ ^
LINE AND CURVE DATA
GRAPHIC SCALE: 1" =200'
MA TL:HLINE MA SEE S HEET 6 OF 8
;ic'E 5:'EE'T —
.; OF 3
BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
WILLOW GROVE L.C.
TAX MAP 53 -A -92
AND
MILLER AND SMITH AT WILLOW RUN, L.L.C.
TAX MAP 53 -A -921
AM OATE.- 04127104 1 SCALE.' l ' =200' 1 SHEET' S OF 8
Marsh & Le Land Surve P.L.C.
560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601
PHONE (540) 667 -0468 - FAX (540) 667 -0469 - EMAIL olfice0monhondlcgge.com
44A iCPh ViE:
"No. 001197 -
4
/ SUANS
m NHN� N�
DRAWN BY: D✓F
DWG NAME: 5464- BLA.dwg
/®
05 -17 -2004 11:590 From - HARRISON 8 JOHNSTON
5406671313 T -662 P.015/0� F-337
fV
4 h
O
A r
53 -A -92A
1.444 ACRES ORIG. AREA
+ 139.901 ACRES (EAST SIDE RTE. 621)
+ 4.497 ACRES (WEST SIDE RTE. 621)
14 .642 ACRES TOTAL ADJUSTED AR
• ' I
LEGEND:
CMF- CONCRETE MONUMENT FOUND
IRF -IRON ROD FOUND
SEE SHEET 7 OF B FOR
LINE AND CURVE DATA
0' 200" 400'
t00 BRL -.
GRAPHIC SCALE: 7" =200' - - - 2403.
' 5J -A -97
GRE INSOR. E y 0 LLC
0024683
ZONED: RA
USE: AGRICULTURAL
BOUNDARY LINE ADJUSTMENT
BE7WE£N TN£ L4WOS OF ►mm Q
WILLOW GROVE L.C.
TAX MAP 53 -A -9.2
AND
MILLER AND SMITH AT WILLOW RUN, L.L.C. "
TAX MAP M -A -92A 0 =asv
SHAWNEE DISTRICT 0. 001
GATE• 04127104 I SCALE: > =200' I SHEET- 6 OF 8
Marsh & Le Land S urveyors, mm
P.L.C.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: OJF
PHONE (540) 667 -0466 - FAX (540) 667 -0469 - EMAIL olficeQnormhondleggex= DWG NAME: 5464- BLA.dwg
05 -17 -2004 11:50am From-HARRISON A JORVISTON 5406671312 T -662 P.016/018 F -337
• u
1U
c-i
VA. SEC. ROUT E 627
30' PRESCRIPn S LANE
VE' EASEMENT
750 LLC
53 -A -92B
OB 978 PG 1147
ZONED: RA
USE. RESIDENTIAL
i
z EXISTING WILLOW
GROVE LANE
lx/ qF 50' R/W
740 LLC
4'i Fr 53 —A -90
�J;7f rr� DB 918 PG 1739
1 I ZONED: RA
• ` �� \ USE: AGRICULTURAL
N
q0� eg o�
R(s s* �6 . 3 �� m
.r
\ P
\ CP-
\ 1
LEGEND:
CMF- CONCRETE MONUMENT FOUND
IRF -IRON ROD FOUND
SEE SHEET 7 OF 8 FOR
LINE AND CURVE DATA
EXISTING WILLOW
GROVE LANE Q
50' RIW
f5"t'm.`
400'
,,,�'_o- GRAPHIC SCALE: 7" =200'
x
\ MATCHLINE: SEE SHEF_ F S uF 8
BOUNDARY LINE ADJUSTMENT
BETWEEN 7N£ LANDS OF
WILLOW GROVE L.C.
TAX M4P 53-A-92
AND
MILLER AND SMITH AT WILLOW RUN, L.L.C.
TAX MAP 5J-A-924
SHAWNEE 0 /S7RICT
WE- 041271 I SCALr: 1" =200' I SH££T.• 7 OF B
',. Marsh & Le Land Surve P.L.C.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (540) 567 -0468 � FAX (540) 667 -0469 - EMAIL olNceOrnorshandlegge.com
U �7,"�
o. 5 00
� ND SURNP.-1;1r
DRAWN BY: D✓F
DWG NAME: 5464- BLA.dwq
05-17 -2004 11:58am From- NARRISON d JOHNSTON • 5406671312 T -682 P.017/016 F-33T
1
' 1 O
1 g
\ �
\\ u1�^
1
Ay A
L4
o1\ � JN
�1 Ut
1 ul
m
4
1 � V
b
\ N
\ * 1
1 1
1
1
'I I
I
of �
of
53 —A -92A ml
11.444 ACRES ORIG. AREA - r-
' + 139.901 ACRES (EAST SIDE RTE. 41)
+ 4.497 ACRES WEST SIDE RTE. 6 1
1 4f.842 ACRES OTA ADJ AR
I �
J
i
53 -A -91
GREYSTONE PROPERTIES, LLC
INSTR.1 030024683
ZONED: RA
USE: AGRICULTURAL
5�
740 LLC \
53 -A -90
OB 918 PG 1139
ZONED: RA
USE: AGRICULTURAL
J
LEGEND:
CMF- CONCRETE MONUMENT FOUND
IRF -IRON ROD FOUND
SEE SHEET 1 OF 8 FOR
LINE AND CURVE DATA
BETWEEN THE LANDS OF
WILLOW GROVE L.C.
TAX MAP 53-A-692
AND
MILLER AND SMITH AT WILLOW RUN, L.L.C.
TAX MAP 53 -A -92A
LWDATE• 04127104 1 SCALE- 1 =200' 1 SHE 8 OF 8 1
Marsh & Le Land Surve P.L.C.
560 NORTH LOUDOUN STREET — VINCHESTER, VIRGINIA 22601
PHONE (540; 667 -0466 . FAX (540) 667 -0469 - EMAIL olOce9marehamolegge.com
0' 200' 400'
GRAPHIC SCALE: 1 =200'
DRAWN BY:
DWG NAME: 5464— &A.dwg
I
i
Name: Willow Grove L.C.
740 LLC
750 LLC
Miller and Smith at Willow Run L.L.C.
Greystone Properties, LLC
• REZONING APPLICATION FORM DEC 6z2006
FREDERICK COUNTY, VIRGINIA i
i
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
11
•
Name: Greenway Engineering
Address: 151 Windy Hill Lane
Winchester, VA 22602
2. Property Owner (if different from above)
3.
4.
Telephone: (540) 662 -4185
* Please see attached address and telephone number for each identified
owner
Contact person if other than above
Name: Evan Wyatt
Telephone: (540) 662 -4185
Checklist: Check the following items that have been included with this
application.
Location map X
Plat X
Deed to Property X
Verification of taxes paid X
Agency Comments X
Fees X
Impact Analysis Statement X
Proffer Statement X
5. The Code of Virginia allows us to request full disclosure of ownership in
relation to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Willow Grove L.C.
740 LLC
750 LLC
Miller and Smith at Willow Run L.L.C.
Greystone Properties, LLC
6. A) Current Use of the Property: Agricultural & Residential
B) Proposed Use of the Property: Residential & Commercial
7. Adjoining Property:
* Please see attached adjoining property owner information tables for Frederick
County and the City of Winchester.
r - I L
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
East of Route 37 and Merriman's Lane (Route 621) North of Cedar Creek Grade (Route
622) South and West of the City of Winchester Corporate Limits.
•
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
• Information to be Submitted for Capital Facilities Imnact Model
9. Parcel Identification/Location: Parcel Identification Number 53- ((A)) -90, 53-
((A)) 91 53- ((A)) -92 53- ((A)) -92A 53- ((A)) -92B 53- ((A)) -94 53- ((3)) -A, 63- ((A)) -2A
Districts
0
Magisterial: Shawnee High School:
Fire Service: Round Hill VFRD Middle School:
Rescue Service: Round Hill VFRD Elementary School
F_ I
L
James Wood
James Wood
Orchard View
10. Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Requested
359.97±
RA District
R4 District
359.97±
Total Acreage to be rezoned
11. The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes:
Non - Residential Lots:
Square Footage of Proposed Uses
Office:
Retail:
Restaurant:
Service Station:
Manufacturing:
Warehouse:
Other
Multi - Family
Hotel Rooms:
* Please note that the Applicants' Proffer Statement limits the total number of
• residential dwelling units to 1,390 and ensures a housing product mix based on the
Willow Run Residential Unit Matrix Table as provided under Section A(3) of the
Proffer. The TIA is based on a commercial development of 375,000 square feet.
Townhome:
Mobile
Home:
0
• Property Owner Information:
Greystone Properties, LLC
2055 Valley Avenue
Winchester, VA 22601
(540) 722 -4101
Tax Map Parcels 53- ((A)) -91 & 63- ((A)) -2A
Greystone Properties, LLC
13 South Loudoun Street
Winchester, VA 22601
(540) 662 -7215
Tax Map Parcels 53- ((A)) -91 & 63- ((A)) -2A
Miller and Smith at Willow Run L.L.0 Tax Map Parcels 53- ((A)) -92 & 53- ((A)) -94
8401 Greensboro Drive
Suite 300
McLean, VA 22102
(703) 821 -2500 ext 224
Willow Grove L.C.
720 South Braddock Street
® Winchester, VA 22601
(540) 667 -1710
Tax Map Parcels 53- ((3)) -A & 53- ((A)) -92
740 LLC
720 South Braddock Street
Winchester, VA 22601
(540) 667 -1710
750 LLC
720 South Braddock Street
Winchester, VA 22601
(540) 667 -1710
Tax Map Parcel 53- ((A)) -90
Tax Map Parcel 53- ((A)) -92B
•
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
l�
Applicant(s): Date: I I r 6 0(�,
• * Please refer to Special Limited Power of Attorney Agreements that have notarized
signatures of all property owners that are authorized to sign on behalf of the various
LCs and LLC for the Willow Run Rezoning Application and proffered Master
Development Plan.
i • 9
N
W
W
W
W
N
W
W
N
N
W
N
N
N
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
DD
>m>>>
p
W
D
m
- >88>
----- ------- - - -
D
D
D
g
N
D
cD
1
A
A
A
A
A—
—
—
—
—
—
—
A-'
D
�
03
m
m c)G) m C)w� m - V
O
O
O
O
O
m
m
r
{ -
gx
m�
Cl)
C)
x➢
C)
3
m*
Cn
33
D
D=
C)
G
O
m
C)
m
K
m�
m
m
vO
m
D
m
m
p
m
m
C
0<
D
m
z
m➢
D
(n
r
p
m
m
D
r
m
m
m
m
Z
N
<�Z
O
o
o
D
-I
m
()
zZ
w-1
r
p
0���
?)
�
m
O
O
m
m
T
w
m
m
m
m
O
O
m7
m
r
m
z
m
<
?➢
a
m
m
r
0
O
Z
m
m
z
Z<
m
m
m
➢
Z
Z
�
�mmD
r
w��
ZD
m
m
rjG)
0_
m
Q
m
m x�p�
�
D
..
>
w
w
w
�� m
m
m
0m0�"➢-
z
m
z
D
D
Cn
c
����➢-
m
D
C
C*
°-io
N
0-
m 0 N r m r{zmz mm
0
D-
Cn
D
U)
r
r
- +
D
pommxc��K
rm
mm
�o
Z
»y�mmDDZaaDZmc
W � -
mzD�
Ox
=mm
=mm�c0
-
_
�° zmm
m-
C)
O
- OD
D
7z
o
rm
Z-
T
m
p
mm
�
000
C)(�
(n
OD)
s
Cp
00
x O
Z
ZMWZW
�
m
m
Z(n�
DO
>
0
mxmc
M:
-V
-`-�Or
W
C)
-
�
m-
mzz
->
D
r
m
mv� m `
0
m
m
Z0Opa
D m
x
- -A
- ixmx
=
33
z
Zm
n Opo
mm
r
W
r�
C)
nZ
m
W
Z
�D
➢Sp
Cn
90
W
<mz
O
m
-pmm
come
m
r
�K
WR
W
MPo
z
n
C7
o
C) >
m >
c n0
W
R
➢ O«
z
m
mm
L2m
W�O10
<ro
Q'D�
co
OD
5;
>U)
<mDmc�
Z�7
7
D
<
Z
��
y
Zza:
=
m
c
D
o
D
Cn
D
Cn
➢
Z
D
Z
m
N
z
m
fn
(n
x
T
➢
(n
z
a
,�
O
O
D
x
c
c
m
M
o
w
-
➢
D
Z
Z
O
O
co
<
<
Z
m
Cn
Cn
D
O
O
2
O
D
O
N
O
N
W
W
p
...•
-+
W
O�
W
OJ
W
N
W
Oo
J
co
J
J
D
0
O<
O
0<
V_
O)
W
A
p
A
p�
W
W
v
m
OX
W
m
W
�'
V
r
W
K
W
K
N
K
m
E:
T
O
T
W
K
O
N
O)
K
o
O
o
O
m
O
�
co
V
K
J
K
V
C
M
X
D
r
X
X
D
r
0<
m
D
r
m
O
m
n
D>
><
r
3
m
m
m
m
m
m
m
m
m
O
K�
O
m
m
m
m
m
m
m
m
x
m
7
m
O
x
m
m
m
m
m�
m
m
m
w
W
w
m
m
rmDmnDZZ°N'�rU)m
o
T
T W
mN7J
3](nN
<
<
m
<mm cnwmcn
<O
D
D
D
D
O
O
D
D
D
D
rn
D
rn
D
D
O
D
>
r
r
D
Z
Z
Z
Z
z
m
m
Z
Z
Z
Z
0
0
z
Z
Z
z
<
<
m<
r
r
Z
Z
z<
m
w
m
w
w
U)
���
m
m
Cn
(n
u
m
m
m
m
m
z
z
Mr-
z
r
r
r
r
r
r
r
r
r
r
r
r
z
7
Z
Z
Z
Z
z
z
z
z
Z
Z
Z
m
O
m
a
0
m
*���������������������������n
zzrzzzzzzzzzzzzzzzzzzzzzzzzzzzzz�
C)
C)
h
O
C)
C)
O
C)
C)
C)
C)
n
C)
0
0
0
0
0
0
O
C)
n
n
n
n
C)
p
xxoxxx
m
x
(
T
x
m
xxxx
m
m
O
m
m
m
mmm mxxmxxxxxx
m
m
m
m m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m m
m m
o
t m
wtoO cncnmtocnC
nmcnCnwwCncnCncnCncn
CnwcncnwCn
mm
-mmmmmmmmmmmmmmmmmmmmmmmmmmmmm�
G
G
D
<
<
<
<
<
<
<
<
<
G
<
G
G
<
<
<
<
<
<
<
<
<
<
<
<
G
<
<
<
D
D
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
r
j
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
M
N
m
N
N
N
o.
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
rn
c�
rn
rn
rn
o
rn
rn
rn
rn
rn
rn
r)
rn
rn
O
rn
O
rn
0
0
0
N
0
�
N
o
mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmz
D
D
D
D
D
D
D
D
D
D
D
D
D
T
m
T
m
- 0
- V
T
- u
- a
T➢
- u
D
Z
N
r
D
Z
J
m
N
N
N
v
N
N
N
N
N
N
N
N
O
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
v
N
v
N
N
0
c
N
m
OD
DCn
p
m
n
-
m
m
c
C
(D
J
W
W
W
J
'o
(O
(O
Q)
o
w 9
W
O
f
N
c
t
W
N
N
W
O
—
—
3
O
C
C
X
N
<
0
0
m
n
n
d
m
O
O
O
Cn
O
O
N
N
0
0
0
N
t0
N
c0
0
0
0
J
W
A
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
m
N
w
N
A
Q]
O
C
D
N
m
N
Z
1
W
V
(D
W
O
O
W
O
N
W
A
O
W
m
(T
A
N
J
A
m
N
(
w
V
(O
C
V
O
W
N
N
A
J
W
(T
O
O
A
W
w
(D
W
w
W
J
A
N
O
N
(P
to
N
m
Z
Z
O
2
N
1
c
N
O
N
O
N
O
°
N
O
N
O
N
O
°
N
O
N
O
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
O
N
0
N
0o
N
o
o
o
m
co
co
A
o
co
N
W
O
00
A
A
O
A
o
A
o
A
0
A
o
A
o
N
c
W
o
W
c
W
o
(n
o
W
o
N
o
A
o
W
o
A
Z
m
D
9
m
m
O
W
A
A
A
A
A
A
A
A
A
A
A
A
A
N
N
N
N
N
N
A
N
N W
N
N
N
N
N
N
N
A
A
A
A
A
A
A
A
A
A
N
N
N
N
N
N
m
m
m
A n
m
m
t0
O
m
m
tD
t0
t0
t0
(O
(D
f0
(O
t0
t0
t0
(O
(O
(O
fp
t0
t0
<O
�D
(O O
t0
[O
t0
<O
(O
(O
(O
tP
m
m
m
O
m
tO
t0
t0
t0
t0
fD
f0
(O
(P
(0
t0
m
m
tp x
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
D
D
D
D
D
D
D
D
D
•......
J
D
D
D
D
D
D.
O
N
W
A
N
m
W
w
D
m
W
D
W
D
W
D
D
a)
m
a
JJ()('}
mxpmvixx0�0300000000000�3�G�
°���OOOyO��nm��7
f�f�L�L�O
L��O<nw0
00
��co
D
m cnDOr T.
D
x
C
D
D
m
r
S-
D
r
D
T.
D
7..�.ST.T.T.
D
D
D
D
D
D
D
D
D
D
X
D
D
W
C
cn
x
,
--
rr
O
D
T.
O
rpDpx
m
m
m
0<
mro
m
D
p,
��
y�,p„
�
C
D
< mm
T
D
Z
r
r
«
O
O
D
r
T'mOaNmm3JDaaJJ313777MMMr1
S
m
Z
r
-i
O
T
D
--
D
D
m
O
r
z
--i
N-
3
O
fnO
O
m
<xxx
3�
K
E
S
K
Sxp
3
Z
O
D
- 1
nnT
T
m
m<r
r
( n
MM
<
m
m
m
m
m
m
m
m
m
m
m
mNxmD��
r
a
m00
S-
r
0
0
0
0
0
0
T
1]za
D
2
C OD O a
(n
C:
a
O�-�O
m (nOr� O
°D nNmmm
mmmz
2c
m
Oo
Z
D
z
K
O
D
m
f
m-
O
D
0 -
O
r
z
w
m
-D
a
-DT
D
m
T
m
T
a
T
D
TT
m
m
T
m
my
a
Onr(mnD
D O
O
D
r
m
m
DD>T
Z
Z
M
n
D
=D
D
Z
=CDO
D
m
z
m( m n( m il c m n( m i�c m i
a
r
r
r
r
r
m
r
Om
x <
z
z
m
m
m
Z
x
D0�3
x-i
D
T
O
T
W
O
a
O
T
O
T
O
T
O
T
O
T
O
T
O
T
O
T
O
O
-UT
O O
O
- 0m
r
Z
m
O
O
O
O
m
0
Tpo
m
r
Z
m
rS
T
m
r
0
r
0
r
0
r
0
r
0
r
0
m
m
m
m
-i-i
m
3
p
O
x
m
m
Dr
71
m
m
m
m
m
m
m
m
m
m
m �^
`
D
Z
v
m
m
71
m
D
T
m
w
Z
Z
Z
Z
Z
Z
(nom
m
C
O
mm
3
3
m
D
m
zj
aDaDDamaDmmmr
-
w
c
ae
xx�°
-r
O
OcmCc
cccccc
x
o<
N
S
m-
m
m
---
m
m
m
-
m
-
m
-
m
-
m
--
m
m
w
m
r
F ,��2,
W
C
0
(n
�
-1m-c
C <
c
X
a
>mmmmm
W
W
W
W
W
mrn
W
y
Z
Q
cn
r
(ncnrnrncncncncncnmcn3
r
r
r
r
r
r
r
r
r
r
r D
�
D
-I
2
w
w
ON`x
r
r
x
0
m
m
m
m
a
m
D
m
a
m
a
m
m
r
cn
Q'
x
arO
r
r
00000000000
r
r
r
r
r
r
r
r
r
r X
m
�p
m
m-
=mm
D
�`L
m
30m
r
m
w
<
S
�-I
-i
�
-i
-i
0
T
m_
O
D
(n
S
r
m
-�
�
D
r�D
rrZ
m
m
D
D
D
m
�X.]
m
Dam
m
D
m
>
T
<m0033m
f
Z
�O
O
O
Dmmmmmm
Z
3
m
Nz
0 O
DD
C
D
cn
V)
cn
0
D
m
m
D
v
p
>>
D
D
m
N
D
N
D
m
3
m
�
>
D
D
D
m
m
r
m
m
n
n
3
<
m
m
D
D
z
z
mm
mm.
O
O
m
m
MM
0
0
...
0
0
0
0
0
0
0
0
m
0
m
0
m mm
0
0
0
N
0
N
0
m
0
m
0
m
0
m
0
m
0 m
m m
A
m
0
W
A
m
J
m
m
O
W
o
W
0
w
0
m
J
m'
m
-•
O
<O
O
m
m
m
i
v
O
N
W
m(n
W
Z
0O
Z
tp
(n
m
J
cn
m
W
(n(nmow
V
m
m
J
J
J
m
m
m
<(n
m
m
t0
cn
W
cn
m
«««««<O
m
m
m
m
m
m
m
m
m
m t0
m
DCW
o
-�
A
oo
A
m
(n
m
<
`G
O'
cn
O
tD
m
W
om
OOJ
m
W
W
W
W
'
W
<
M
m
W
m
m
m O
a
C' m
m
M
O
m
0
O
X
O
O
m
a
D
D
a
m
D
D
o
O
0
0
3
O
O
O
O
O
O
O
r
O
0
0
r
r
r
r
r
r
r
r
r
r
r
r
r D
r<
O
O
m
S
S
O
o
D
O
D
N
D
D
0
0
0
0
0
0
�
w
m
z y
C
O
C
O
m
m
S
O
z
m
z
m
z
m
z
m
z
m
z
m
z
m <
r
m
z
m
z
m
z
m
r
m
<
rrr
m
<
m
<
m
<
r
m
<
r
m
<
r
m
<
r
m
<
m
<
m
<<
m�
m
cn
m
�
O
7�
m
m
m
D
a
D
D
Z
m <
m
O
T
D
r
Z
m
m
r
Z
m
o
m
D
0
m
0
0
7
0
T
0
T
0
x
0
7;r-<-
0
m-
3
m
O
cc
O
p
z
D
K
r
m
_
r
m
_
r
m
_
r
m
_
r
m
_
r
m
_
r
m
_
D
r
m
r
m
r
m
D
D
D
D
D
D
D
D
D
D
O
D Z
n
T -
m
(n
�
p
x
r
mmm
W
r
m
r
-
D
m
r
O
m
cn
r
m
-
m
( n
r
m
-
m
m
D
m mmmmmm
m
-
T
-
T
-
T
-
m
-
m
-
D
<
m
z
Z
m
m
O
z
Z
(n
m
O
O
O
0
O
O
O<
m
5
S
5
22
E)<<<<<<<<<<<
mmmmmmmmmmm_
D
m
r
O
D
O<
m
r �
cn
O
-
(n
O
mm
r
00000
r
r
r
r
r
0
m
Or
S
cn(n .iD22SS222
-�
O
O
O
O
O
O
O
O
0
0
0
O
O
0
m000
m
p
c
p
0
Z
m
O
O
00000000
a
T
D
Z
O
a
m
D
m
z
D
3J
D
m
m
D
D
m
a
D
m
9
�
Z
Z
D
M I)
O
y
M
D
p a
D
D=
S
m
D
1
O
-i
O m
V
m
T
D
m
m
C
T
T
T-a
T
T
D
D
o
�x
m000000
K
m
m
Damamm
m
C
O I
0
(n
m
(n
0
Cl)
D
O
m
-i
-�
- �
-i
�-I
z
N
mmmmmm
m
0
0
0
0
0
0
m
m
m
m
m
m
m
m
m
:E
`<
*:E
`2
`2
`G `<
0
O
`G
S
S
x
�
`<
`L
W
:E
W
2
W
:E
0
0
0
0
O
0
*
�
*
:E o
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z 0
D
p
2
a
-
Z
O>
D
D
l
-
Z
--
z
z
D-
r
Z
D-
r
Z
m
m
--
z
Z
x
D
S
D
S
D
x
D
x
D
S
D
----
Z
0
Z
0
Z
0
1
Z
0
x
x
S
S
x
x
S
S
x
x
S
S
S
x
S
S
S
x
S
S
S
x
S
S
S
x
S 0
( n
(n
1
x
y
m
S
S
o
O�
x
o
O
S<
D
O
S
O
x
Z
F
z
z
Z
F
Z
1
Z
F
S
m
S
m
S
m
x
m W
m
m
(n(n(n
m
m
m
cnm N(nfncncofncn(nU1 (n
m
m
m
m
m
m
m
m
m
m
m
m
( nm
m
m
( n
m
( n
m
( n(n(n(n(n(n(n
m
m
m
m
m
m
m
0 Crcn
Fm
z
0ZZN
O
O
m
m
m
(n
p
m
m
cn
p
a (n
m<
r(n
m
m
Ulrrrrrrm
F
F
F
F
F
F
W (n
�
(n>
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
m
0Z
m O
<�
m
-
-i
1
�
m
a
m
D
m
D
m
m
m
m
m
a
m
m
m
a
D
m
m
a
D
31
D
a
m
m
a
m
m
D
_
<<<<<<<<<<<<<<<<<<:<<<<<<<<<<5><Z
-
-
_
_
_
_
_
-
-
_ _
-
<
0
D
y
_
<
<
-
<
o
-
<
D
3
-
<
D
<
D
<
>>
G
D
D
D
D
D
D
<<<<
>>>>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>z
D
x
>>>
D
0
O
y
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N N
N N
N
N
N
O
N
N
m
O
N
O
N
O
N
N
N
N
N
N
i
N
N
N
N
N
N
N
N
N
N
N
N
O
N
O
N
O
N
O
N
O
N
O
N
N
N
N
N
N
N N_
N
n
N
m
O
N
m
O
N
m
O
N
m
O
N
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m
O
m m
O A
m
m
m
O
m
N
-
m
m
O
rn
O
m
N
N
O
m
O
N
O
m
O
m
m
O_
m
O
m
m
m
m
m
m
m
0
mmm
0
0
0
C
n
N
m
0
r
r
T
C
T
C
S
S
S
2
2
S
S
x
S
S
S
S
2
S
S
2
2
S
S
2
2
2
C C
C
C
C
C
C
C
S
S
2
2
S
S
S
2
2
m
p
T
C
T
C
T
C
c
C
T
C
T
C
W
r
r
S Z
m
a
a
m
r
S
D
m
m
a
D
m
a
D
a
m
m
a
D
m
m
m
a
D
a
m
a
D
2 S
S
S
x
x
S
S
a
D
m
a
D
a
m
a
D
x
S
S
S
x
2
N
a
D
m Z
H
D
D
a D
a
a
D
a
m
a
a
D
a
m
a
D
O
r
D
Z
C
N
m
D
0
0
m
m
o
3
c
-
3
m
_
m N 3
m
Tl
N
N
tD
t0
O
d
O
J
T
D
J W
T
m
m
o
m
4z
3
O
7C
go
D =
O
d
n
�°
m
<
m
c
N
m
3
¢
m
m
0
3
m
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 0
0
0
0
0
0
0
0
0
0
N
N
N
p
O
w
0
0
0
0
0
0
0
0
N
m
7
A
A
0
J
A
N
V
o
m
- --
----
---
-
-
-
----
- --
-
------
z
N
a
m
W
A
m
tD
W
m
ID
m
m
V
O
A
tD
m
m
m
m
(D
-
tD
-
tD
-
tO
-
�D
-
m
-
tD
-
t0
-
�O
-
m
''
�O
t0 [O
m
N
i
J
W
W
m
m
m
A
0
0
0
0
0
0
N
A
O
m
0
m
0
m
0000
m
m
m
0
0
0 m
O
O
tD
N
W
m
W
A
m
O
m
m
mmm
A
A
V
W
m
V
A
V
A
V
A
J
A
J
A
J
A
V
A
J
A
J
A
J
A
V
A
J
m A
m O
N
m
m
m
W
N
N
m
N
m
m
J
m
0
J
V
V
J
J
J
m
Z
1
Z
O
z
m a
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N N
0 0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
0
0
0
0
0
N
0
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
N
0
0
3
o m
m
N
A
m
m
A
m
m
m
A
m
m
m
A
A
A
A
A
A
A
A
A
A>
A A
A
W
m
m
A
A
m
O
N
N
A
A
A
A
A
A
A
N
i
m
a
m
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540 - 665 -6395
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540 - 665.6395
Know All Men By These Presents: That I (We)
(Name) Greystone Properties, LLC (Phone) (540) 662 -7215
(Address) 13 South Loudoun Street. Winchester. VA 22601
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick. Virginia, by
Instrument No. 030024683 on Page _,
Instrument No. 04001791.3 on Page . and is described as
Parcel: 53 Lot: 91 Block: A Section: Subdivision:
Parcel: 63 Lot: 2A Block: A Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering (Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane, Winchester VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
® Rezoning (Including proffers)
❑ Conditional Use Permits
® Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereo , (we) have hereto se my (our and and seal this 1L day ofV, 200,
Signatures)
State of Virginia, City/ Of Eri , To -wit: -
1 SS N. , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who I (are) known to me, personally app red before me and has
� acknowled b ged the same before me in the jurisdiction aforesaid this aL day of �am62r , 200 6 'l' My Commission Expires: kihffiNhQ/ 3D.�CX
PubF c
11
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540- 665 -6395
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540 -665 -6395
•
Know All Men By These Presents: That I (We)
(Name) Miller and Smith at Willow Run, LLC (Phone) (703) 821 -2500 ext. 224
(Address) 8401 Greensboro Drive, Suite 300, McLean VA 22102
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 040008798 on Page .
Instrument No. 040017302 on Page . and is described as
Parcel: 53 Lot: 92A Block: A Section: _ Subdivision:
Parcel: 53 Lot: 94 Block: A Section: _ Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering
(Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane, Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
® Rezoning (Including proffers)
❑ Conditional Use Permits
® Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Comprehensive Policy Plan Amendment
•
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we have he eto set m (our) hand and seal thi; day ofl 4tr� 200
Signatures)
I 4..(.,B�'. ih:,w`ct rn;rX,7ne. (An tr, r'le�l- ".emu --'SC
rit zr V '.z�'i'� lt'State of Vir%inia, City /County of iX i (J - , To -wit:
n
I, ib fG , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has
acknowledged the same be ( f f ore me in thejurisdiction aforesaid thQs day of emb2� 200�. -
12 ary 03Y , C��:A,C`(J"V M}' Commission Expires: Public
Special Limited Power of Attorney
County of Frederick, Virginia
• �x Frederick Planning Web Site: www.co.frederick.va.us
•
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Phone 540.665 -5651 Facsimile 540- 665 -6395
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540- 665.5651 Facsimile 540- 665.6395
Know All Men By These Presents: That I (We)
(Name) Willow Grove. LC
(Phone) (540)667 -1710
(Address) 720 South Braddock Street, Winchester, VA 22601
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book No. 869 on Page 596,
Deed Book No. 871 on Page 32 and is described as
Parcel: 553 Lot: 92 Block: A Section: _ Subdivision: _
Parcel: 53 Lot: 3 Block: A Section: _ Subdivision: _
do hereby make, constitute and appoint:
(Name) Greenwav Engineering
(Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane, Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority i (we) would have if acting personally to file planning application for my (our) above described
Property, including:
® Rezoning (Including proffers)
❑ Conditional Use Permits
® Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Comprehensive Policy Plan Amendment
LJ
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my, (our) hand and seat this _ day of
State of Virginia, Gi�y /County of To -wit:
r- br,Slr.
a Notary Public in and for thejurisdiction aforesaid, certify that the
person(s) who signed to the foregoing instrument and who I (are) known to me, personally apppeared before
me and as acknowledged the same before mein the jurisdiction aforesaid this 431 day of lk c. , 200_
"" A\ � lei ,pt My Commission Expires:
Notary Public Em � OBERT M. PoIANI MISSION q DD 445166 RES: August 1, 20D9 ru Notary PUbllo Untlerwdteta
il rs r' 1
r -'
z
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Phone 540. 665.5651 Facsimile 540.665 -6395
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540.665 -5651 Facsimile 540 -665 -6395
Know All Men By These Presents: That I (We)
(Name) 740. LLC (Phone) (540) 667 -171Q
(Address) PO Box 87 Winchester. VA 22604
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book No. 918 on Page 11 and is described as
Parcel: 53 Lot: 90 Block: A Section: _ Subdivision: _
do hereby make, constitute and appoint:
(Name) Greenwav Eneineer (Phone) (540) 662 -4185
• (Address) 1 51 Windy Hill Lane Winchester, VA 22602
To act as my true and lawful attorney -in -Fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
X Rezoning (Including proffers)
❑ Conditional Use Permits
X Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have er o set /y (our) h d se is, day of , 200
Signature(s)
State of Virginia, City /County of&LLIL To -wit;
a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who I (are) known to me, perso ally appeared before me and has
acknowledged the same before mein the jurisdiction aforesaid this day of c ml7rlt. 2000
My Commission Expires, - 30 cZb lb
•
Notary Public
0
Special Limited Power of Attorney
County of Frederick, Virginia
Y Frederick Planning Web Site: www.co.frederick.va.tts
id.
Department of Planning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540-665-6395
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540 - 665.6395
E
Know All Men By These Presents: That I (We)
(Name) 750, LLC
(Phone) (540)667 -1710
(Address) 750 Merriman Lane, Winchester. VA 22601
the owner(s) of all those tracts or parcels of land ("Property ") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book No. 918 on Page 1_ 141, and is described as
Parcel: 53 Lot: 92B Block: A Section: Subdivision: _
do hereby make, constitute and appoint:
(Name) Greenwav Engineering
(Phone) (540) 662-4185
(Address) 151 Windy Hill Lane, Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
® Rezoning (Including proffers)
❑ Conditional Use Permits
® Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Comprehensive Policy Plan Amendment
•
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my, (our) hand, and seat this _ day
Signatures) r 7 Z -7 :) " /
Z ` '<
State of %:T,, .ia, _Rzy /County of /�fPJcfd , To-wit:
I Ia i :LtC.
I, rLlvlft ha "Mr , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who I (are) known to me., personally appeared before me and has
acknowledgee same me in the jurisdiction aforesaid this ItL day of Gc?� 200_
y h A t1 `• ® -✓ My Commission Expires of zuaq
Notary Public
"si'. "-. R08ERT M. POIANI
MY COMMISSION A DD 445166
Sx':� • EXPIRES: August 1, 2009
''l;p};y4 BvrrdedThruNWaryPhblicUntleiv +tilers
F,
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Susan K. Eddy, AICP, Senior Planner S *5
RE: Willow Run Rezoning and Master Development Plan
DATE: January 22, 2007
Attached to this memo you will find the staff reports for the rezoning of Willow Run (REZ #21 -06)
and the Master Development Plan for Willow Run (MDP 415 -06). The applicant is seeking a
rezoning to the R4 (Residential Planned Community) District. An R4 rezoning requires that the
MDP be included as a proffered condition. A number of recommendations from the Planning
Commission to the Board of Supervisors are sought with these applications.
Six separate recommendations on the modifications to the R4 District sought by the applicant
with the rezoning:
• Modification 41 - § 165 -68 Master Development Plan (see page 15 of the rezoning staff
report);
• Modification 42 - §165-69 Permitted Uses (see page 15 of the rezoning staff report);
• Modification 43 - § 165 -71 Mixture of Housing Unit Types Required (see page 15 of
the rezoning staff report);
• Modification #4 - §165 -72D Commercial and Industrial Areas (see page 16 of the
rezoning staff report);
• Modification 45 - § 165 -72G Buffers and Screening (see page 16 of the rezoning staff
report);
• Modification #6 - § 165 -721 Road Access (see page 17 of the rezoning staff report).
2. A recommendation, or separate recommendations. are needed on the alternative buffer and
screening plans requested by the applicant with the MDP as allowed in §165-72G(2) of the
R4 Zoning District regulations. The applicant has requested the following buffer
alternatives:
Buffer B — Zoning District Butler (see page 7 of the MPD staff report)
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
►�
0 0
Buffer C — Zoning District Buffer (see page 7 of the MPD staff report)
Buffer D — Zoning District Buffer (see pages 7 -8 of the MPD staff report)
3. A recommendation on the rezoning, which includes the MDP as a proffered condition.
Please contact me if you have any questions on the content or procedures described in this memo.
SKE /bad
REZONING APPLICATION 421 -06
WILLOW RUN
Staff Report for the Planning Commission
Prepared: January 22, 2006
Staff Contact: Susan K. Eddy, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It ntay also be useful to others interested in this Zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Action
Staff Application Briefing — No Action
Pending
Pending
PROPOSAL To rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned
Community) District with proffers.
LOCATION The property is located east of Route 37 and Merriman's Lane (Route 621), north of
Cedar Creek Grade (Route 622), south and west of the City of Winchester.
MAGISTERIAL DISTRICT Shawnee
PROPERTY ID NUMBERS 53 -A -90. 53 -A -91. 53 -A- 92.53- A -92A. 53- A -92B. 53 -A -94, 53 -3 -A
and 63 -A -2A
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Agricultural and residential
ADJOINING PROPERTY ZONING & PRESENT USE
North:
South:
East:
West
RP (Residential Performance)
City of Winchester
RA (Rural Areas)
RP (Residential Performance)
City of Winchester
RA (Rural Areas)
RP (Residential Performance)
Use: Residential
Residential & open space
Use: Agricultural and residential
Residential
Use: Residential
Use: Residential and recreational
Residential
Reviewed
Planning Commission:
12/19/06
Planning Commission:
02/07/07
Board of Supervisors:
02/28/07
Action
Staff Application Briefing — No Action
Pending
Pending
PROPOSAL To rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned
Community) District with proffers.
LOCATION The property is located east of Route 37 and Merriman's Lane (Route 621), north of
Cedar Creek Grade (Route 622), south and west of the City of Winchester.
MAGISTERIAL DISTRICT Shawnee
PROPERTY ID NUMBERS 53 -A -90. 53 -A -91. 53 -A- 92.53- A -92A. 53- A -92B. 53 -A -94, 53 -3 -A
and 63 -A -2A
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Agricultural and residential
ADJOINING PROPERTY ZONING & PRESENT USE
North:
South:
East:
West
RP (Residential Performance)
City of Winchester
RA (Rural Areas)
RP (Residential Performance)
City of Winchester
RA (Rural Areas)
RP (Residential Performance)
Use: Residential
Residential & open space
Use: Agricultural and residential
Residential
Use: Residential
Use: Residential and recreational
Residential
0 0
Rezoning 421 -06 — Willow Run
January 22, 2006
Page 2
PROPOSED USE Residential and commercial
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 621 and 37. These routes are the VDOT
roadways which have been considered as the access to the property. VDOT is satisfied that the
transportation proffers offered in the Willow Run Traditional Neighborhood Development rezoning
application dated October 24, 2006, received by email October 31, 2006 at 1:23 pm, addresses
transportation concerns associated with this request. Before development, this office will require a
complete set of construction plan detailing entrance designs, drainage features, and traffic flow data
from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to
comment on all right -of -way needs, including right -of -way dedications, traffic signalization and off -site
roadway improvements and drainage. Any work performed on the State's right -of -way must be covered
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage.
Fire Marshal Plan approval recommended.
Public Works Department: In addition to the rezoning application and master development plan, we
reviewed the environmental site assessments for the White and Marshall properties and the wetland
delineation study. Based on the review of these documents, we offer the following comments: 1. Refer
to Impact Analysis, page 5, Soil Types: The narrative indicates that the applicant plans to conduct a
geotechnical analysis throughout the development of the Willow Run Community for road construction,
utility installation and within any areas where karst features are present. We applaud this course of
action and suggest that it be expanded to include the stormwater retention pond. Also, we suggest that
the geotechnical analysis include geophysical methods to expand the subsurface evaluations and
delineate any potential cavities and /or sinkholes. The results of the geotechnical analysis shall be
submitted with the subdivision design phase. 2. Refer to Impact Analysis, page 11, Drainage: The
discussion indicates that a stormwater retention structure will be designed and constructed in the central
portion of the development. Considering the karst nature of the underlying geology, the design of this
man -made lake /retention pond will, most probably, require an impervious liner to ensure long term
stability and prevent seepage. The design of the retention pond shall include the preparation of an
operation and maintenance manual that can be implemented by the HOA. This manual shall be
included with the design calculations for the retention pond at the time of the subdivision design
submission. 3. Refer to the Impact Analysis, Environmental Features Exhibit: This exhibit shall be
amended to include all of the karst features referenced in the Environmental Site Assessments (ESA)
prepared by ECS for the White and Marshall properties. These features shall also be added to sheet four
(4) of eleven (11) of the master development plan. For your information, I have enclosed a copy of an
article recently published by the Winchester Star which is related to the development of a sinkhole
along Route 37. This article highlights what can happen within a karst geology. Also, note the location
relative to the proposed development of Willow Run. The importance of a detailed geotechnical study
cannot be over emphasized for the Willow Run Development. 4. Refer to the ESA for the Marshall
property: The summary conclusions included in this report highlighted the presence of hazardous waste
Rezoning 421 -06 — Willow Run
January 22, 2006
Page 3
in the forms of pesticides and petroleum products and contaminated soils. These conclusions
recommended remediating these items using proper methods. We request that documentation verifying
the proper disposal of these hazardous wastes and contaminated soils be provided to this office prior to
issuing the first land disturbance permit. A note to this effect shall be included in the subdivision
design documents.
Sanitation Authority No comment.
Frederick - Winchester Service Authority Considering expansion to be completed by 2009 at Parkins
Mill, adequate capacity should be allowable for development.
Department of Parks & Recreation: Plan appears to provide for required open space; however, no
calculations for required or usable open space have been provided. The residents of the age- restricted
housing units will undoubtedly spend time outside of the development and have an impact on the
recreational services provided by the county. Therefore, staff believes a monetary proffer for these units
would be appropriate. Plan appears to provide for the required recreational units; however, specific
requirements have not been stated in the plan. To ensure a connection to Cedar Creek Grade, the
Transportation Enhancements should offer an area for a 10' wide asphalt bicycle /pedestrian trail along
Willow Run to Cedar Creek Grade. In additional to providing the Proffer Model, staff recommends the
Proffer Statement include a list of proposed monetary proffers by agency. If this project includes the
planning for or construction of a new interchange at Route 37, the proposed Transportation
Improvement Program proffer should offer the ability to facilitate a 10' wide bicycle trail to cross over
Route 37 at this location.
Frederick County Public Schools: Based on the information provided, it is anticipated that the
proposed 1,515 single family detached and attached homes and 416 apartments will yield in two phases
304 high school students, 262 middle school students and 720 elementary school students for a total of
1.286 new students upon build -out. Significant residential growth in Frederick County has resulted in
the schools serving this area having student enrollments nearing or exceeding the practical capacity for
a school. The cumulative impact of this project and others of similar nature, coupled with the number
of approved, undeveloped residential lots in the area, will necessitate the future construction of new
school facilities to accommodate increased student enrollments. The impact of this rezoning on current
and future school needs should be considered during the approval process.
Winchester Reeional Airport: The proposed site does lie within airspace of the Winchester Regional
Airport and is in close proximity to the approach path for Runway 14/32. Residential occupants should
be forewarned that they might experience noise from over flights of aircraft departing to and from the
Winchester Regional Airport.
Frederick County Attorney: Please see attached letters dated October 23, 2006 and January 23,
2007 from Robert T. Mitchell, Jr., County. Allorney.
Historic Resources Advisory Board: The Rural Landmarks Survey Report for Frederick County
identifies the 740 House (Willow Grove 434 -89), the 750 House (Baker, Jacob House #34 -90) and the
Penbrook -Cove Farm ( #34 -1236) as being on the property. It is the intent of the applicant to rezone this
0 0
Rezoning #21 -06 — Willow Run
January 22, 2006
Page 4
property to the R4 (Residential Planned Community) Zoning District. The HRAB expressed concern
that the 740 and 750 Houses on the property might be removed. While the current owner does not
intend to demolish the structures at this time, future owners' intentions are unknown. Information from
the Virginia Department of Historic Resources (VDHR) file states that the VDHR State Review Board
determined that the Baker, Jacob House (750 House) is eligible for the Virginia Landmarks Register
and the State and National Register of Historic Places. The HRAB recommends approval of the project
so long as the following be considered to mitigate impacts on the historic resources: The applicant
stated that a Phase 1 archeological survey had been done on the site around the Penbrook -Cove farm
complex, but the foundation of the burned house had not been located. A more detailed study should be
conducted should be conducted to locate the foundation of the house that burned down at this complex,
as well as additional studies around the foundations of the existing buildings. A Phase 1 environmental
study should be conducted on the site (followed by further studies if warranted — Phase 11
archeological /environmental) before construction on the site begins. The applicant should utilize the
Virginia Department of Historic Resources to determine additional areas of interest for archeological
studies. The property owners should consider preserving the 750 and 740 houses; these houses are
landmarks on the site and should have permanent protection through the rezoning proffers. The HRAB
felt that the residential designation encompassing the 750 and 740 houses was inappropriate, as well as
the adjoining commercial use, and requested that viewshed preservation measures be taken into
consideration. As stated previously, the 750 house (Baker, Jacob House) is eligible for the State and
National Registries because of its architecture. The property owners should pursue placing the 750
house on the State and National Registries. In lieu of this same comment from last year's meeting, the
HRAB also felt that the 750 and 740 houses should be placed into conservation easements. Staff will
provide the property owner with conservation easement opportunity information. The HRAB requested
that archeological proffers be provided within the rezoning proposal to help further mitigate impacts on
the historical properties within the rezoning.
Shenandoah Valley Battlefields Foundation: This property is part of the Willow Run Mixed Use
Development proposal. As we discussed, the federal funds the Shenandoah Valley Battlefields
Foundation receives from Congress may not be used to purchase land on the First Winchester
Battlefield. (The battlefield was not included in the 1996 enabling legislation for the National Historic
District, hence we are not able to use our appropriated funds to purchase land there.) Because of this,
the Battlefields Foundation does not fund for the property in question nor has it had plans to acquire this
land. While we do not like to see any battlefield land compromised, given the lack of context and the
relatively small size of this fragment of First Winchester, the Battlefields Foundation would not pursue
other funding sources for land acquisition. We hope that if the development project proceeds and Jubal
Early Drive is extended as planned, that due consideration be given to both the historic and
environmental issues on the property.
Citv of Winchester: Reference Final Subdivision Approval for the construction of W. Jubal Early
Drive zoned Planned Commercial, PC District and High Density Residential with Planned Unit
Development Overlay, HR (PUD) District. City Council approved the request subject to the following
conditions: 1. Working with Winchester &Western Railroad for an at -grade rail crossing as depicted on
the plan and profile drawings. 2. Staff review and approval of the plans and plats, including securing
approval for disturbance in the City's floodplain. 3. Satisfactory negations of provisions for Fire and
Rescue services from the City of Winchester. 4. Developer contributing funds to offset the costs to City
9 0
Rezoning 421 -06 — Willow Run
January 22, 2006
Page 5
intersections prior to opening the extended roadway into the County. The fourth condition is
understood to be accomplished as stated in the September 26, 2006 version of the Transportation
Enhancement Proffer #13 which calls for a monetary contribution totaling $100,000 to the City.
Frederick Countv Transportation Committee: This serves to confirm that on August 28, 2006 you
presented the internal street design of the Willow Run project to the Frederick County Transportation
Committee. Included in your presentation was a description and explanation of the four street design
exceptions of which you are seeking approval from VDOT. Those exceptions and number of
occurrences as you presented at the meeting areas follows: 1. Intersection Spacing —Nine occurrences
with all but two of them taking place in the age - restricted enclave portion of the development, and the
remaining two are located on Willow Run Drive. 2. Cul -de -sac Radius — Three occurrences. 3.
Pavement Width — Two segments of connector road between Jubal Early Dr. and Cedar Creek Grade.
4. Centerline Radius —Three occurrences with two of them located in the age- restricted enclave portion
of the development, and the remaining one located on a non -major roadway. After your presentation,
there was a significant amount of discussion within which members of the Committee pointed out that
this 'neo- traditional' style of development, as is being pursued with Willow Run, is what the Urban
Development Area (UDA) Study Committee has been moving toward in their efforts. The Committee
voted unanimously to "endorse the concept" that you are promoting with the design of the development.
Planning Department: Please see attached letter dated November 9. 2006 firoin Susan K Eddy,
Senior Planner.
Planning & Zoning:
1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle)
identifies the subject parcels as being zoned R -2 (Residential Limited). The subject parcels
were re- mapped from R -2 to A -2 (Agricultural General) pursuant to the County's
comprehensive downzoning initiative (Zoning Amendment Petition #011 -80), which was
adopted on October 8, 1980. The County's agricultural zoning districts were subsequently
combined to form the RA (Rural Areas) District upon adoption of an amendment to the
Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned
land to the RA District.
A rezoning application ( #16 -05) for this site was submitted on November 14, 2005. That
application did not receive action and has been replaced by this application ( 421 -06).
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Con7prehensive Policy Plan, p. 1 -1]
•
Rezoning 921 -06 — Willow Run
January 22, 2006
Page 6
Land Use
The subject parcels are within the Urban Development Area (UDA) and Sewer and Water
Service Area (SWSA).
The subject properties are within the area covered by the Western Juba] Early Land Use Plan
(WJELUP) as adopted by the Board of Supervisors on January 11, 2006. The predominant land
uses envisioned within the WJELUP area are urban and suburban residential uses. The gross
residential density for residential developments should not exceed four dwelling units per acre.
The WJELUP also calls a large commercial concentration along Jubal Early Drive. This
application proposes two smaller clusters on Jubal Early Drive. This application is generally
consistent with the land use proposed in the WJELUP.
The WJELUP suggests neighborhood scale commercial development and high end office uses
in the commercial areas. Further, it discourages strip commercial development and encourages
consolidated entrances. Few details of the commercial component are included in the
application, and more attention should be paid to the layout and design ofthe commercial areas.
Most recent commercial rezonings in the County have included proffers associated with design,
materials and signage.
The pending Urban Development Area (UDA) Study supports Traditional Neighborhood
Design (TND). TND elements called for in the UDA study include: a mix and integration of
uses, increased density, connectivity, high quality architecture and design, community focal
points, a housing mix, walkability, integrated community facilities and enhanced design. The
UDA study specifically calls for anew urban center along Jubal Early Drive. Urban centers are
envisioned as walkable urban areas with a large commercial core, higher densities, designed
around some form of public space or focal point. The applicant has made efforts to incorporate
TND features in the residential development, but has made minimal efforts to insure traditional
neighborhood development in the commercial section. With traditional neighborhood
commercial development, streetscape is particularly important, and attention is paid to specific
uses, store frontages, traditional signs, public meeting space etc. Also lacking in this
application are community focal points, high quality design and the integration of community
facilities.
Transportation
The WJELUP calls for the extension of Jubal Early Drive as an easUwest through road and the
construction of anew interchange at Route 37. (The Commonwealth Transportation Board, on
January 18, 2007, approved the break in access on Route 37, to allow construction of this new
interchange.) The extension of Jubal Early Drive through this portion of the UDA is
envisioned as an urban divided four -lane cross - section that includes landscaped medians as well
as pedestrian and bicycle facilities. In addition, a major collector road is planned to facilitate
traffic movement in a north -south direction to provide a connection between Jubal Early Drive
and Cedar Creek Grade. Another critical transportation component of the WJELUP is
alternative modes of transportation, such as pedestrian and bicycle facilities, and calls for an
interconnected system of multi- purpose trails and sidewalks.
• •
Rezoning 421 -06 — Willow Run
January 22, 2006
Page 7
This application provides for the roads and alternative modes of transportation called for in the
WJELUP. The proffered transportation improvements are detailed below in the analysis of the
proffer statement.
Community Facilities
The adopted WJELUP calls for 25 -30 acres for a multi- campus school site in this area. No
school site has been included in the Willow Run application. Instead, the applicant has
proffered a monetary contribution of $1,000 for each non - age- restricted unit to be designated
toward land purchase for a future school site.
The WJELUP calls for a well defined park and open space system for both active and passive
recreation. Central to this open space is the Abrams Creek corridor which should be preserved
as a developmentally sensitive area. Neighborhood parks are also sought within the study area.
Part of the park network should be an interconnected trail system. This application does provide
the Abrams Creek open space, a series of neighborhood parks and integrated trails as sought in
the WJELUP.
3) Site Suitability /Environment
The National Wetlands Inventory Map identifies two areas of wetlands along the northern and
eastern portion of the site. The applicant has prepared a Wetlands Delineation Study for the
subject properties. The U.S. Army Corps of Engineers has issued a Jurisdictional
Determination Letter establishing the location of all wetlands areas on -site and a wetlands
permit has been approved by the U.S. Army Corps of Engineers and the Virginia Department of
Environmental Quality. Protected and disturbed wetlands (which include only the area
associated with the extension of.lubal Early Drive) are identified on the proffered MDP.
The FEMA National Flood Insurance Program (NFLIP) maps identify floodplain areas
associated with Abrams Creek. The applicant has prepared a Phase I Environmental
Assessment Report and a Wetlands Delineation Report. The proffered MDP delineates the
location of the floodplain areas that are based on the results of the Detailed Conditional Letters
of Map Revision (CLOMR) study, which has been approved by FEMA, associated with the
extension of Jubal Early Drive. Protected and disturbed floodplain areas (which include only
the area associated with the extension of Jubal Early Drive) are identified on the proffered
MDP.
Minor steep slopes exist on the site. Areas of steep slope disturbance are identified on the
MDP.
A number of areas of mature deciduous trees exist on the subject parcels. These will likely be
disturbed during the development of the site. A particularly scenic row of trees, along with a
stonewall, exist on Orchard Lane. Consideration should be given to the expressed protection
of these features.
0 0
Rezoning 921 -06 — Willow Run
January 22, 2006
Page 8
The General Soil Map of the Soil Survey of Frederick County. Virginia indicates that Frederick -
Poplimento loams comprise the majority of the subject site, which possess moderate shrink -
swell potential. A band of Carbo silt loam follows the western portion of the site, which
possess a high shrink -swell potential. Massanetta loam is located within the floodplain and
wetlands areas. Development within the Massanetta loam soils will be limited to the extension
of Jubal Early Drive.
Karst features are known to exist on the property. Four sinkholes have been identified in the
Phase I Environmental Site Assessment Reports submitted by the applicant to the County. The
applicant has proffered to conduct a geotechnical analysis on all residential properties platted
within 100 feet of the major karst feature identified on the MDP prior to the issuance of building
permits of such lots. The Director of Public Works will be requiring necessary geotechnical
analysis at the subdivision design phase.
4) Potential Impacts
A. Transportation
A traffic impact analysis (TIA) was prepared for this application by Patton Harris Rust and
Associates (PHR &A) dated June 22, 2006. The TIA analyzed traffic in two phases. Phase 1
(2009) assumed 260 single family detached units and 339 single family attached units. (These
599 residential units are just under the 600 units that trigger the completion of Jubal Early
Drive, the completion of the interchange and the realignment of Merrimans Lane.) With Phase
1, Jubal Early Drive is extended west half -way into the site and Birchmont Drive connects
Cedar Creek Grade and Jubal Early Drive extended. For Phase l , all roads within and adjacent
to the immediate site function at Level of Service "C" or better given the proffered
improvements (see Figure 9a of the TIA). Looking beyond the site, for Phase 1, Level of
Service less than "C' will occur at the following intersection (see Figure 9b of the TIA):
• Cedar Creek Grade (Route 622) and Route 37 interchange;
• Cedar Creek Grade (Route 622) and Harvest Drive;
• Cedar Creek Grade (Route 622) and Valley Avenue (Route 11);
• Valley Avenue (Route 1 1) and Jubal Early Drive;
• Merrimans Lane (Route 621) and Meadow Branch Avenue;
• Northwestern Pike (Route 50) and Route 37 interchange.
The TIA for Phase 2, full build -out in 2012, modeled 425 single family detached units, 416
apartments, 490 single family attached units, 108 elderly housing units, 150,000 square feet of
office space and 225,000 square feet of retail space. (Sic ffnote: the office and retail floorspace
is not limited by proffer, and so the TIA does not model the worst -case scenario for traffic.)
With Phase 2, Jubal Early Drive, the new interchange and Merrimans Lane are fully
constructed. All proffered road improvements are in place. For Phase 2, all roads within and
adjacent to the immediate site function at Level of Service "C" or better given the proffered
improvements (see Figure 15a of the TIA). Looking beyond the site, for Phase 2, Level of
Service less than "C' will occur at the following intersection (see Figure 15b of the TIA):
Rezoning 421 -06 — Willow Run
January 22, 2006
Page 9
• Merrimans Lane (Route 62 1) and Cedar Creek Grade (Route 622);
• Cedar Creek Grade (Route 622) and Route 37 interchange;
• Cedar Creek Grade (Route 622) and Harvest Drive;
• Cedar Creek Grade (Route 622) and Valley Avenue (Route 11);
• Valley Avenue (Route 11) and Jubal Early Drive;
• Amherst Street (Route 50) and Meadow Branch Avenue;
• Northwestern Pike (Route 50) and Route 37 interchange.
Details of all proffered road improvements are contained in the analysis ofthe proffer statement.
A monetary contribution of $100,000 has been proffered to the City of Winchester to mitigate
the impact of this development on intersections in the city.
B. Sewer and Water
The Willow Run rezoning proposal is estimated to require approximately 418,250 gallons per
day of water usage and to generate approximately 330,750 gallons per day of wastewater. The
Frederick County Sanitation Authority has agreed to provide public sewer service and public
water service to the Willow Run Community. The applicant will be providing a new sewer
pump station in the northeastern portion of the property. The applicant will also be providing a
new sewer force main that connects the pump station to the FCSA force main at Cedar Creek
Grade. Effluent will be conveyed to the Parkins Mill Wastewater Treatment Facility. The
FCSA will be providing a water transmission line along Route 37 adjoining Willow Run. This
will create a loop system that ties together the water systems to the north with those to the south.
C. Historic Resources
One building on the property, the Baker, Jacob House (750 House), is eligible for the Virginia
Landmarks Register and State and National Register according to the Virginia Department of
Historic Resources State Review Board. (Staff Note: Protection of this building is strongly
encouraged in the WJELUP.) Two other sites, the 740 House (Willow Grove #34 -89) and the
Penbrook -Cove Farm (334- 1236), are identified in the Rural Landmarks Survey Report. The
Historic Resources Advisory Board (HRAB) made a number of recommendations concerning
this application (see HRAB comments). Based on the HRAB recommendations, the applicant
has proffered landscaping along Cedar Creek Grade to minimize impacts to the Homespun
property and proffered to conduct a Phase I Archaeological Assessment at the Penbrook Cove
farmstead, and display any information found within the age- restricted community center. The
applicant has not addressed the HRAB concerns about the Baker, Jacob House (750 House) or
the 740 House (Willow Grove).
D. Community Facilities
1,390 new housing units, plus a commercial component, will have a significant impact oil
community facilities in this area. The applicant projected the impacts based the County's old
Fiscal Impact Model, (as was done with REZ 416 -05). This model projected a fiscal impact
Rezoning #21 -06— Willow Run
January 22, 2006
Page 10
of $9,078 per residential unit. The applicant has proffered $9,078 for each non -age- restricted
unit, and $2,000 (which excludes money for school facilities) for each age- restricted units.
StaffNote: Applications received after November 30. 2005 are expected to mitigate the impact
ofdes calculated by the county's Des fiupact Model. As ofSeptember 2006,
impacts are projected as 522, 098 for a single - family detached unit, 815, 530,for a townhouse
and S8, 739 for a multi family unit.
As stated previously, the applicant has.not provided the school site identified in the WJELUP.
Also of note, on January 18, 2005 the Frederick County School Board passed a resolution
calling for 25 -30 acres for a multi- campus school site in the WJELUP area. Additionally, § 165-
68 of the Zoning Ordinance (R4 Rezoning Procedures) states "Land shall be dedicated in
planned community developments for roads and facilities necessary to serve the development as
described by the Comprehensive Plan, the Capital Improvements Program and adopted road
improvement programs ".
The applicant has proffered a number of recreational facilities, including a community center, an
age- restricted community center, an outdoor pool, an extension of the Green Circle, and an
internal trail system. All of these will count towards the applicant's County Ordinance required
recreational units. A 5 -acre site for an aquatic center is being made available to the county in
the commercial area. The value of this land will count towards the applicant's required
recreational amenities. If the aquatic center site is accepted by the county, the applicant will not
be providing an outdoor pool for the Willow Run community. The applicant does not appear to
be proffering any recreational amenities that are above and beyond the dollar value that the
ordinance requires.
5) Proffer Statement — Dated November 4, 2005 with latest revision January 4, 2007
A) Residential Land Use
Build -out of the site is limited to 1,390 residential units. Residential building permits are
limited to 200 (non -age- restricted) per year, with up to 100 carried forward per year, for an
overall maximum of 300 units per year. A residential unit matrix is proffered, limiting the
maximum and minimum percentage of each housing type. Single- family detached, single -
family attached, multi - family and age restricted residential units are proposed.
A double row of evergreens is proffered along Cedar Creek Grade to minimize the impact on
the historic Homespun property. A Phase I Archaeological Assessment of the Penbrook Cove
farmstead will be conducted, and the results displayed in the age- restricted community center
building.
B) Commercial Land Use
A commercial center and a neighborhood center are designated along Juba] Early Drive.
Following abandonment by VDOT, the applicant will process a rezoning for the right -of -way
associated with Merrimans Lane, and this will be incorporated into the commercial area of
Rezoning 921 -06 — Willow Run
January 22, 2006
Page 11
Willow Run. (Once this abandoned right -of -way is incorporated into the Willow Run
commercial center, 10% of the site will be commercial as required in the R4 Zoning District)
The applicant will deed a 5 -acre site (with the precise location unclear) in the commercial center
to Frederick County for an aquatic center. The applicant is seeking to receive recreational credit
for the value of that land. The floorspace of the aquatic enter will not count towards the 20,000
square feet of guaranteed commercial floorspace. Frederick County has three years to accept the
5 -acre site.
Staff Note: The W.IELUP clearly calls for a large commercial area Locating the aquatic
center in the commercial area will diminish the commercial floorspace and future tax revenues
to the County. Staff mould recommend locating the aquatic center adiacent to the commercial
center on land currently designated for residential use. The aquatic center could then
complement, rather than diminish, the commercial core.
Similar construction materials will be used in the commercial development. Construction
materials visible from adjacent streets shall be limited to brick, stone, artificial stone, simulated
stucco, cementuous siding, wood, glass, standing seam metal, dimensional shingles, or false
roof systems. Business signs will be limited to freestanding monument signs, with a maximum
height of 15 feet, and building mounted signs.
Staff Note: Neo- traditional developments generally include a commihnent to a traditional
streetscape by having standards for design, setbacks, uses, entrances and storefronts, and
encouraging traditional signs, such as awning signs and projecting signs.
No parking lots will be located between the commercial building fronting Jubal Early Drive and
Sandyridge Boulevard and those roads.
10,000 square feet of commercial floorspace is proffered prior to the issuance of the 600th
residential building permit. An additional 10,000 square feet of commercial floorspace is
proffered prior to the issuance of the ],000th residential building permit.
.Staff Note. The R4 Zoning District (yS165- 72M(3)) requires a reasonable proportion of the
nonresidential uses in all phases of development. This application offers very little proffered
connnercial floorspace. Full residential build -out (1,390 units) could occur with only 20,000
square feel of commercial floorspace.
Commercial uses excluded in this development include B3 (Industrial Transition) uses and M 1
(Light Industrial) uses not otherwise allowed in the B2 District, gasoline service stations and
outdoor gasoline pumps, and individual tenant units larger than 50,000 square feet, except for
grocery stores and the aquatic enter.
0 0
Rezoning #21 -06 — Willow Run
January 22, 2006
Page 12
Slaff note: This proffer insures that no gas stations or big box stores will be located on this
site. As stated previously, staff would also encourage a consideration of store firontages,
entrances, signage, etc., to insure a traditional neighborhood development.
C) Master Development Plan (MDP)
As required with an R4 rezoning, the Master Development Plan (MDP) is proffered. (The staff
report for the MDP is attached to this report.) The applicant has identified certain elements of
the MDP that are intended to be flexible, such that if the applicant seeks to change these, the
MDP will need to be revised, but a new conditional rezoning will not be required. The specific
flexible elements are analyzed under Community Design Modifications below.
D) Transportation Enhancements
1) The applicant will construct Jubal Early Drive as a four -lane landscaped median
section, including the realignment of Meadow Branch Avenue, from the City of
Winchester to Route 37. Right -of -way for this road between the City of
Winchester and Merrimans Lane will be dedicated before the issuance of the 200"
building permit.
2) Jubal Early Drive, between the City of Winchester and the second intersection
identified on the MDP, will be constructed prior to issuance of the 300` building
permit.
3) Jubal Early Drive, between the second intersection identified on the MDP and the
first commercial center intersection identified on the MDP, will be constructed
prior to issuance of the 450 building permit.
4) Jubal Early Drive, between the first commercial center intersection identified on
the MDP and the Route 37 northbound on and off ramps, will be constructed prior
to issuance of the 600' building permit.
5) The Route 37 northbound and southbound on and off ramps, utilizing a
roundabout design and the existing bridge structure, will be constructed prior to
issuance of the 600' building permit. These improvements will be bonded prior
to issuance of the 300' building permit. Sufficient right- of-way is being provided
on the east side of Route 37 to accommodate a two -lane roundabout, should one
be needed in the future.
6) Merrimans Lane will be realigned and constructed prior to issuance of the 600
building permit.
7) Cidermill Lane in the City of Winchester will be extended into the Willow Run
development, but barricaded until the interchange ramps are completed.
0
Rezoning 421 -06 — Willow Run
January 22, 2006
Page 13
8) A traffic signal, with pedestrian actualization, will be installed at the intersection
of Jubal Early Drive and Meadow Branch Avenue when warranted by VDOT. A
traffic signal, with pedestrian actualization, will be installed at the intersection of
Jubal Early Drive and Merrimans Lane when warranted by VDOT. A traffic
signal will be installed at the intersection of Birchmont Drive and Cedar Creek
Grade when warranted by VDOT.
9) Intersection improvements, including turn lanes, will be constructed at the
intersection of Birchmont Drive and Cedar Creek Grade prior to the issuance of
the 200 residential permit. Birchmont Drive will include traffic calming
measures. Cedar Creek Grade and Jubal Early Drive will be connected via
Birchmont Drive and Station Hill Road, prior to the issuance of the 200'
residential permit.
10) A monetary contribution of $100,000 will be made to the City of Winchester to
mitigate the impact of this development on intersection in the city.
11) All subdivision streets shall be constructed to standards identified on the MDP.
Private alleys will be constructed to VDOT vertical sectional standards. One -way
alleys will have a minimum of 12 feet of pavement. Two -way alleys will have a
minimum of 18 feet of pavement.
Staff Note: If the development were to cease before the 600`" residential building permit, the
following would be in place: right- of- way all of Jubal Early Drive, the realignment of
Meadow Branch Avenue, construction of the residential portion of Jubal Early Drive and
bonding of the interchange ramps. The following would not be in place: completion ofJubal
Early Drive, the realignment of Merriman s Lane and construction of the interchange ramps.
E) Monetary Contributions
$9,078 per non -age- restricted dwelling unit is proffered for capital facilities. $2,000 per age -
restricted dwelling unit is proffered for capital facilities.
Staff Note: As of September 2006, impacts are projected as $22,098 for a single - family
detached unit, 515, 530 for a townhouse and S8, 739 a multi - family unit.
$25,000 will be given to Frederick County for the Round Hill Fire and Rescue Company and
$25,000 will be given to the City of Winchester for the Shawnee Fire and Rescue Company.
$100 per residential unit, per year, will be paid by the Property Owners Association to the City
of Winchester for fire and rescue purposes until the Route 37 interchange southbound ramp is
accessible.
$1,000 for each non -age- restricted unit will be provided for the purpose of site acquisition for a
school.
Rezoning 421 -06 — Willow Run
January 22, 2006
Page 14
Staff Note: See previous comments concerning the need for a school site in this area.
F) Community Recreation
A community center, with a minimum of 4,000 square feet (to count towards the active
recreational amenity requirement), shall be bonded by the 400' building permit and constructed
prior to the issuance of the 600' building permit. Should the county not acquire the 5 -acre site
in the commercial area for an aquatic center, then the applicant will provide an outdoor
community pool facility prior to the issuance of the 600' building permit.
An age - restricted community center, with a minimum of 2,000 square feet (to count towards the
active recreational amenity requirement), shall be bonded in conjunction with the first
subdivision design plan for the age- restricted community and constructed prior to the issuance
of the 60' age- restricted residential building permit.
The Green Circle shall be extended from the City of Winchester to the commercial center. It
will be a 10 -foot wide asphalt trail. The applicant will also construct a six -foot wide internal
trail system. This trail system will be private, but a public access easement will be provided for
the sections around the man -made lake and along Sandyridge Boulevard. Both trail systems will
count towards the active recreational amenity requirement of this development.
Staff Note: Two community centers and the hail systems are proffered unreservedly. However,
the applicant is seeking to count the monetary value of the 5 -acre aquatic center land towards
the development's active recreational requirement. This will impact the on -site recreational
traits for the future residents of Willow Run. The value of the 5 -acre site could be so high cis to
fulfill the dollar value of required recreational units. The development could be left without
minimal recreational features such as tot lots.
G) Environmental
A Developmentally Sensitive Area (DSA), identifying the location of wetlands, is delineated on
the MDP. A 50' buffer adjacent to the DSA will be called the Resource Protection Area (RSA).
The only disturbance that will be allowed within the DSA and the RPA adjacent to wetlands
areas, will be road crossings, utility crossings, and pedestrian and bicycle facility crossing.
The applicant has proffered to conduct a geotechnical analysis on all residential properties
platted within 100 feet of the major karst feature identified on the GDP.
The development of a landscape plan for the wetlands south of Jubal Early Drive will be
prepared. All planting described in that plan will be installed. The Shenandoah University
Environmental Studies Department will be allowed access to this area as an outdoor land lab.
Commercial site plans and the community center site plans will be designed to implement Best
Management Practices (BMP) to promote stormwater quality measures.
0
Rezoning #21 -06— Willow Run
January 22, 2006
Page 15
6) Community Design Modification Document — November 18, 2006
§165 - 720(3) of the Zoning Ordinance allows applicants to the R4 District to alter the
requirements of the R4 District with modifications specifically approved by the Board of
Supervisors as part of the conditional rezoning. A number of modifications to the R4 Zoning
Ordinance are sought by the applicant. These are included in the Community Design
Modification Document and highlighted below. (A recommendation on each of these
modifications from the Planting Commission to the Board of Supervisors is requested.)
A) Modification #1 — $165 -68 Master Development Plan (MDP)
Under § 165 -68 of the Zoning Ordinance, a Master Development Plan (MDP) is required with an
R4 rezoning and it is accepted as a proffered condition. § 165 -13(D) of the Zoning Ordinance
requires that any change to a proffered condition requires a new conditional rezoning. This
applicant is seeking approval to allow some elements of the MDP to be flexible, such that if
changes are sought in the future, revisions to the MDP would be pursued in a manner consistent
with all MDP modifications, but a new conditional rezoning would not be required. All of the
flexible elements sought are listed on pages 1 & 2 of the Community Design Modification
Document and include:
• Phasing boundaries and a phasing schedule are not required.
• Acreages of environmental features may vary, so long as minimum ordinance standards
are met.
• Acreaaes in housing type and road right -of -way may be modified. (Staff Note: This
does not alter the proffered residential matrix or the proffered road standards.)
• The location and type of recreational facility may be modified, provided that an
equivalent facility value is provided. (Staff Note: Staff has concerns with this request.
See earlier staff comment that the land value of the aquatic center site may provide the
majority of the recreational value in this community. Future residents could be left with
few recreational facilities, such as tot lots, throughout this development.)
• Other than the major collector roads, precise road locations, site entrances, driveways
and parking areas may be modified.
• The precise location of utility lines maybe modified.
• Additional stormwater management facilities may be added.
• Road names may be revised.
B) Modification 42 — & 165 -69 Permitted Uses
Under § 165 -69 of the Zoning Ordinance, all uses allowed in the RP (Residential Performance)
District, BI (Neighborhood Business) District, B2 (Business General) District and Ml (Light
Industrial) District are allowed in the R4 District. The applicant is seeking to add nine new
housing types to the list of allowed uses. The nine housing types are included in a table in the
Community Design Modification Document and separate design plans are provided for each. In
general, the lots sizes and setbacks are smaller than the standards in the RP District. The
maximum building heights are also higher than those in the RP District. Specifically, the
maximum height sought for single family detached units, townhouses and condominiums is 50'
instead of the RP standards of 35' for single family units and 40' for garden apartments.
B
0 0
Rezoning #21 -06 — Willow Run
January 22, 2006
Page 16
Staff Note: Small lots with higher building heights are typically a part of traditional
neighborhood developments.
Q Modification 93 — § 165 -71 Mixture of Housing Unit Types Required
Under § 165 -71 of the Zoning Ordinance, in the R4 District, no more than 40% of the area of
portions of the planned community designated for residential uses shall be used for any of the
following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses,
townhouses or garden apartments or any combination of those housing types. The applicant is
seeking to allow a maximum of 60% of the area designated for residential uses to be used for
single family attached and multi - family units.
Staff Note: Greater use of single-family attached units and multi family units is in general a
design feature of planned communities. It also enhances the creation of an urban center in
Willow Run as envisioned in the pending UDA study. The applicant will still be bound by the
proffered residential unit matrix.
D) Modification 94 — § 165 -72D Commercial and Industrial Areas
Under §165 -72D of the Zoning Ordinance, in an R4 District, a minimum of 10% of the gross
area of the project shall be used for business and industrial uses. This equates to 36 acres for
this development. The applicant is seeking to allow a minimum of 9% of the gross area of the
project to be used for business and industrial uses. The applicant has proffered that once the
right -of -way for the existing Merriman's Lane is abandoned by VDOT, a rezoning for that land
will be processed so that it can be incorporated into the commercial center at Willow Run. This
additional land would bring the site up to the minimum 10% required by ordinance.
Staff Note. The applicant is proffering a 5 -acre site in the commercial area for an aquatic
center. This five acre site, if accepted by the county, would not function as commercial land,
but rather as institutional land The commercial core would be eroded and tax revenues
reduced. While public buildings are an allowed use in the B1, B2, B3 and MI Districts, and
would be allowed in the commercial area of Willow Run, in effect, the 10% commercial area
would not truly be achieved. To remain consistent with the WJELUP, a large commercial area
needs to be maintained
E) Modification 45 — & 165 -72G Buffers and Screening
§ 165 -72G of the Zoning Ordinance allows alternative buffers and screening in the R4 District,
in place of those called for in § 165 -37 (Buffer and Screening Requirements), provided these are
shown on the MDP and approved by the Board of Supervisors. The applicant has requested
such modifications and these are included on the MDP. Details of the modifications are
contained in the staff report for the MDP.
The applicant is also seeking to be released from the road efficiency buffer requirement along
both sides of Sandyridge Boulevard throughout the residential portion. As Sandyridge
Boulevard is designated as a major collector road in the WJELUP, the road efficiency buffer
called for in §165-37 of the zoning ordinance includes a full distance buffer of 80 feet or a
0 0
Rezoning 921 -06 — Willow Run
January 22, 2006
Page 17
reduced distance buffer of 50 feet, plus evergreens (and in the case of the reduced distance
buffer, a berm). The applicant is seeking a neo- traditional development which includes
buildings closer to the street. On the residential portion of Sandyridge Boulevard the applicant
will be providing a raised landscaped center median with on- street parking and street trees
between the back of the curb and the sidewalk.
Staffnote: Sandyridge Boulevard has been designed in such a way that ifneeded in the future it
could function as a four -lane road without on- street parking.
F) Modification 46 — § 165 -721 Road Access
§ 165 -721 of the Zoning Ordinance requires that each R4 District include a complete system of
public streets dedicated to the Virginia Department of Transportation. The applicant is seeking
to provide public street dedicated to VDOT or private streets and alleys owned and operated by
the Willow Run Home Owners Association. The applicant's justification is that traditional
Neighborhood Developments are typically served by alley systems.
Staff Note: Staff understands the justification for private alleys, but does not understand the
need for private streets.
STAFF CONCLUSIONS FOR THE 02/07/07 PLANNING COMMISSION MEETING:
The overall land use proposed is generally consistent with the Western Jubal Early Land Use Plan.
The applicant is also incorporating some of the neo - traditional recommendations of the UDA study.
Notable shortcoming identified by staff include:
• Minimal proffered commercial floorspace;
• Few commitments to the layout and design of the commercial areas;
• Erosion of the commercial core if an aquatic site is developed;
• No school site;
• Use of old Fiscal Impact Model; and
• Incomplete road network if residential construction ceases before the 600` building pennit.
Following the required public hearing, a number of recommendation regarding
this rezoning application to the Board of Supervisors would be appropriate. The
Planning Commission will need to make a recommendation on each of the six
requested modifications and a recommendation on the rezoning itself, which
includes the Master Development Plan. The applicant should be prepared to
adequately address all concerns raised by the Planning Commission.
WILLOW RUN
REZONING APPLICATION &
MASTER DEVELOPMENT PLAN
November 18, 2006
Current Owner: Greystone Properties LLC
Miller and Smith at Willow Run L.L.C.
Willow Grove L.C.
740 LLC
750 LLC
Contact Person: Evan Wyatt, AICP
GREENWAY ENGINEERING
151 Windy Hill Lane
Founded in 1991 Winchester, Virginia 22602
Telephone 540- 662 -4185
Engineers FAX 540- 722 -9528
Surveyors www.greenwayeng.com
. _. �+�,,