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HomeMy WebLinkAbout06-08 ApplicationSincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad C October 27, 2008 Michael P. Pointer, ASLA Bowman Consulting Group, LTD 124 E. Cork St. Winchester, VA 22601 RE: REZONING #06 -08, ROUTE 50 ASSISTED LIVING FACILITY PINS 53 -A -81, 53 -A -82, 53B -3 -24 and 53B -3 -25 f14,91.c. Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 Dear Michael: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meetng of e R A October (Rural Areas) District b to the B2 (General Business) District, with proffers, for up to 7rom thA 75,000 square feet of assisted living care facility use. The properties are located south of Route 50, west of the intersection of Ward Avenue and Northwestern Pike (Route 50), in the Back Creek Magisterial District. The proffer originally dated February 22, 2008 and revised last on October 20, 2008, which was approved as a part of this rezoning application, isunig e to this pr a r is binding regardless of ownership. Enclosed is a copy of the adopted p_ ru Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Enclosure cc Darla Funkhouser and Sharon Poe, 277 Hilda Dr., Clearbrook, VA 22624 PHTH Properties, LLC, 1151 Cedar Creek Grade, Winchester, VA 22602 United Bank, Attn: Angie Boa, 514 Market St., Parkersburg, WV 26101 Gary A. Lofton, Board of Supervisors, Back Creek District Cordell Watt and Greg Unger, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REZONING APPLICATION #06 -08 ROUTE 50 ASSISTED LIVING FACILITY Staff Report for the Board of Supervisors Prepared: October 15, 2008 Staff Contact: Michael T. Ruddy, ATCP, Deputy Planning Director STAFF UPDATE FOR 10/22/08 BOARD OF SUPERVISORS MEETING: The Planning Commission recommended denial of this rezoning request at their October 1, 2008 meeting. The Planning Commission discussed several issues that were still outstanding from their previous meeting. These included the value of the monetary contributions for fire and rescue and transportation, the language in the proffer statement concerning a sunset clause for road dedication, and the unresolved access to the site. Members of the Planning Commission were not in favor of placing a commercial entrance on Route 50; they believed other options were available for the applicant to achieve another access point. They also did not believe the applicant went far enough to mitigate the traffic impacts imposed by the proposed use. Since the Planning Commission meeting, the Applicant has modified their Application. A new Proffer Statement, dated October 10, 2008, was submitted with the following changes. The Applicant has modified the additional entrance on Route 50 to provide a right -in only entrance. Previously, this additional entrance was designed a s a right -in and right -out entrance. The Applicant has corrected the problematic sunset clause proffer language regarding the dedication of the road to the rear of the property, and the triggers for their contributions. The monetary contribution for fire and rescue purposes has been increased from $10,000.00 to $25,000.00. In addition, the proffer includes an annual contribution for fire and rescue services in the amount of $5,000.00 per year. This contribution shall expire based upon fee for service approval. The County Attorney is reviewing this final revision to the Proffer Statement. Rezoning #06 -08 Route 50 Assisted Living Facility October 15,2008 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a 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 Planning Commission: 08/20/08 010/01/08 Board of Supervisors: 10/22/08 PROPOSAL: To rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The properties are located south of Route 50, west of the intersection of Ward Avenue and Route 50, Northwestern Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 53 -A -81, 53 -A -82, 53B -3 -24, and 53B -3 -25 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RA (Rural Areas) B2 (Business General) South: RA (Rural Areas) East: RA (Rural Areas) B2 (Business General) West: RA (Rural Areas) Use: Use: Use: Use: Action Tabled 45 days Recommended Denial Pending Residential Commercial Candy Hill Campground Residential /vacant Bank Residential PROPOSED USES: Up to 75,000 square feet of Assisted Living Care Facility Use. REVIEW EVALUATIONS: Fire Marshall: Plan approval recommended. Department of Inspections: No Comment. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 3 Virginia Department of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied with the transportation proffers offered: no proffers were offered addressing transportation. Before development, this office will require a complete set of construction plans 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. Please see additional comments provided by Mr. Matthew Smith, VDOT dated August 26, 2008. Department of Public Works: 1. Refer to the Impact Analysis under suitability of the site: The discussion of the bedrock should be expanded to address the potential for sinkhole development within the limestone which underlies the entire site. 2. Refer to the Impact Analysis under drainage: Indicate if there are sufficient off -site drainage channels and/or culverts to accommodate the storm flows derived from the proposed stormwater management facility. Also, indicate if the proposed stormwater pond will be designed as a BMP facility to attenuate storm flows and maximize nutrient removal. 3. Refer to Impact Analysis under Solid Waste Disposal Facilities: Expand the narrative to include an estimate of the yearly solid waste in tons produced by the proposed development. 4. Refer to Impact Analysis under Impact on Community Facilities: Explain the reference to the impact on the City of Winchester when Frederick County provides all the services required by the proposed development. 5. Refer to the Wetland Assessment prepared by ECS: This assessment indicates a topographic high of 825 MSL with approximately 20 feet of total relief. This observation is in conflict with the plan of the existing natural conditions prepared by Bowman Consulting which indicates a topographic high of 834.6 with approximately 35 feet of relief This conflict ne ds to be corrected. 6. Refer to the MDP, sheet 2 of 3: Delineate any karst features which could impa t the site development. 7. Refer to the MDP, sheet 2 of 3: Indicate the locations of any existing wells and /or drainfields which will need to be properly abandoned to accommodate development. These features currently exist on the property identified as Map I.D.: 53B -3 -25. 8. Refer to the MDP, sheet 3 of 3: Any site development should be designed to ensure that storm runoff is diverted to the proposed stormwater management/BMP facility and away from the single family residences fronting on Ward Avenue. Frederick- Winchester Service Authority: No comments. Sanitation Authority Department: There should be sufficient sewer and water capacity to serve this project. Department of Parks Recreation: No comment. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 4 Health Department: Unless the proposal has changed since the attached Health Department comments dated 2/21/08 were sent to the owner, those comments are still valid. 2/21/08 The Health Department has no objections. According to the "Sewer Water Exhibit: public water and sewer are to be provided. Permits from this office will be required for food preparation facilities. Winchester Regional Airport: We have reviewed the proposed rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces, therefore, special conditional will not be requested. Frederick County Public Schools: We offer no comments. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Attorney Comments: Please see letter dated August 14, 2008 from Mr. Rod Williams. Planning Department: Please see attached memorandum. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I -1] Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 5 Land Use The property is located in the area covered by the Round Hill Land Use Plan which was most recently updated on November 11, 2007. The property is within the SWSA and is designated as an area of commercial land use. The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill Community along Route 50. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Examples consistently used in the current development in the corridor have included brick construction and in several cases, standing seam metal green roofs. Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable landscaped area that promotes the corridor appearance goals of the Comprehensive Plan. Recently rezoned projects in several corridors have consistently applied this approach. This property is located in an area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are sensitively addressed. A tailored approach to the buffering and screening of these properties may be warranted. Transportation This application must address the transportation components of the Round Hill Land Use Plan. The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency. The Round Hill Land Use Plan identifies a local collector street connecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road. The associated proffer language with this road provides minimal assistance in providing this important road connection. More detail needs to be provided regarding Ward Avenue, its associated right -of -way, and the ability to modify and expand upon, or dedicate the right -of -way to provide for an acceptable access to and from the site. Ward Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving Ward Avenue to a public street standard that meets all current standards. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 6 In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. The Comprehensive Policy Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does not provide that Level of Service (LOS C). In addition, this application fails to accurately model a level of service consistent with the Comprehensive Policy Plan. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Ward Avenue and a secondary limited access point is proposed to be provided from Route 50 (Northwestern Pike) via a right -in right -out only entrance. A third access point would be permitted to the rear of this property in the future. Please recognize that the proposed access onto Ward Avenue is very constrained. The parcel acquired by the applicant is 50' in width and may not sufficiently accommodate a full two way access road that meets the necessary setbacks from the adjacent property line to the north and respects the required buffer to the south. The applicant is proposing to locate the access driveway within the active portion of the required buffer. This should be clarified in the application prior to the Commission's recommendation. In addition, the entrance on to Route 50 should be carefully evaluated. As noted previously, additional entrances along such a significant transportation corridor should be avoided. The design of the site is specifically illustrated on the Generalized Development Plan for this project. The GDP provides a degree of certainty as to how the site is proposed to be developed. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel which are identified in this application. Two reports prepared by ECS Mid Atlantic, LLC were performed in conjunction with this application, a wetlands study and a preliminary geotechnical evaluation. Please see the letters dated October 26, 2007 and January 29, 2008 respectively which further describe the reports. 4) Potential Impacts When considering this request, it should be recognized that the approach taken in this application seeks to minimize the use in an effort to minimize the impacts that need to be addressed in the application. It may be more desirable to take a greater advantage of the location of this property and enable a more intensive use of the property than that which is proffered. It would appear as though there is ample space to enable additional compatible land uses on the property in the future. Such additional uses may include day care facilities and medical and professional office uses. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 7 The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. This Applicant has chosen an approach that is not desirable. They have stated that they intend to develop the property with up to 75,000 SF of assisted living care facility use and that all other B2 uses shall be permitted on the property. In essence, that this is a rezoning request that would permit all B2 uses with no development limitations; subject only to future TIA's with no guarantees as to how future impacts may be addressed. To reiterate, this approach is not acceptable. A. Transportation Traffic Impact Analysis. The TIA prepared for this application was based upon the development of an eighty -four bed assisted living facility. Primary access to the development was modeled from Ward Avenue and a secondary limited access point from Route 50 (Northwestern Pike). The Applicant evaluated the intersection of Ward Avenue and Route 50 and the intersection of Echo Lane and Route 50. As the Commission is aware, the Comprehensive Policy Plan seeks to ensure that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. An acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and conclusions are based upon a level of service D or better. This is not acceptable. Therefore, the conclusions of the TIA are not acceptable. This application has not accurately measured the transportation impacts associated with the request. Transportation Program. It is anticipated that additional right -of -way and improvements may be necessary along Route 50 and Ward Avenue. A mechanism should be considered which would enable any right -of- way necessary for the planned improvements to be dedicated to the County or VDOT. Future right -of -way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. Access management of Route 50 is a significant consideration. An additional entrance onto Route 50 should be avoided. The function of the existing signal at Route 50 and Ward Avenue should continue to be enhanced. It does appear as though additional improvements are being proposed on the GDP along the properties frontage with Route 50. These improvements should be clarified and specifically incorporated into the language of the Proffer Statement. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach has been considered with this request. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 8 The applicant has proffered $25,000 towards such improvements. However, a sunset clause of 5 years has been added to the Proffer as has a restriction on the distance from the property (500'') the funding could be used. The result of these two restrictions may invalidate the proffer. The application has not provided for any right -of way dedication along Ward Avenue or Route 50. Ward Avenue is identified as a 40' right -of -way. The minimum right of way needs of VDOT should be recognized, in addition to any additional right of way necessary to implement access to and from the site. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Ward Avenue, to the Route 50 frontage, and along the Route 50 frontage. This has been addressed but should be specifically incorporated into the proffer language The application identifies a local collector street connecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road. The associated proffer language with this road provides minimal assistance in providing this important road connection. In addition, the reservation language and sunset clause of five years is once again insufficient to address the importance of this future connection identified in the Comprehensive Plan. The entrances identified on the GDP should be addressed at this time and the future construction should be consistent with the GDP. The Applicant has written additional flexibility into Proffer 2.1 which may provide additional flexibility. B. Design Standards The application provides for the addition of an enhanced landscaping buffer area along the properties frontage with Route 50. In addition, the application includes minimal architectural language, loosely written in an attempt to address the corridor appearance design elements of the Comprehensive Plan. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application, however, is not a typical revenue generating commercial land use (please refer to a previous comment about the intensity of the land use at such a key location). This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County for Fire and Rescue purposes. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 9 5) Proffer Statement Dated February 22, 2008; revised June 24, 2008. A) Generalized Development Plan The applicant has proffered a Generalized Development Plan (GDP dated January 2008 and revised through June 24, 2008) for the site. The GDP is very specific which may cause conflicts with existing requirements and engineering and site development issues during the development of this project. Staff does recognize that this is more detailed than that initially provided, as requested; however, with this request it should be simplified. Staff would suggest removing the utility lines and parking lot striping and handicap details. It is not clear how the enhanced buffer details are different from those required by Ordinance. The Applicant should clarify this item. In addition, the applicant should address the Ward Avenue entrance on the GDP. The GDP shows a right -in right -out only entrance on Route 50 and a full entrance on Ward Avenue. The location of three potential locations for possible inter parcel connections is also shown on the GDP. B) Land Use The Applicant has stated that they intend to develop the property with up to 75,000 SF of assisted living care facility use and that all other B2 uses shall be permitted on the property. In essence, that this is a rezoning request that would permit all B2 uses with no development limitations; subject only to future TIA's with no guarantees as to how future impacts may be addressed. To reiterate, this approach is not acceptable. The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. This Applicant has chosen an approach opposite to that required and opposite to best practices, an approach that does not provide the County with the appropriate measure of control and security to make sure the impacts associated with the request can be adequately addressed. The applicant has proffered a 100' enhanced landscaped road efficiency buffer along the Route 50 frontage which will include mixed ornamental plantings generally consistent with the exhibit included with the GDP. C) Transportation The applicant has proffered to limit site entrances to two as shown on the GDP. Direct access from Route 50 shall be limited to a right in only entrance. A third entrance to the rear would be permitted in the future. The Applicant has a commitment to reserve up to 25' along the southern boundary for possible right of way dedication for the extension of existing Round Hill Road by others. To reiterate, this element should be addressed to a greater extent. In addition, the sunset clause in this and other proffers should be removed. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 10 Interparcel connection opportunities have been identified. The Applicant has proffered a $25,000 contribution for future road improvements to Route 50. Ward Avenue, or the extension of Round Hill Road within 500' of the property. Please note the concerns previously identified with distance condition and the sunset clause. D) Community Facilities The applicant has proffered a monetary contribution in the amount of $2,000 to Frederick County for Fire and Rescue purposes. No additional contributions have been made to address the other community facility impacts recognized by the County's development Impact Model (DIM). An overall concern with this request is the approach the applicant has taken to the administrative triggers and mechanisms for the Proffers that are aimed at mitigating the potential impacts associated with this request. The approach is undesirable. The approach proposed by theApplicantis complicated and more confusing than it needs to be. It is the County's desire to ensure that the proffer language is clear and concise. Further, that the proffers actually address the impacts generated by the specific request. STAFF CONCLUSIONS FOR 08/20/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Round Hill Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention should be paid to the proposed entrances to the facility, impacts to Ward Avenue, and how the application addresses the comprehensively planned road to the rear of the property. In addition, significant concerns have been raised regarding the details of the Proffer Statement and the triggers and mechanisms for the Proffers, the conclusions of the TIA, and the important fact that not all B2 land uses and there potential impacts have been evaluated. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 11 PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/20/08 MEETING: The staff and Commission recognized the applicant had just recently submitted a revised proffer statement, dated August 18, 2008, which did not arrive timely enough to be placed in the Commission's agenda or reviewed by the staff or the public. Staff announced that the Commission's Bylaws stipulate that if information is not received within 21 days prior to the meeting, the Commission may table the request for 45 days. Commissioners commented that the revised proffer statement significantly changed the application. Two citizens spoke during the public comment portion of the hearing. The first citizen, Mr. Gregory Bishop, commented about the shared easements and right -of -way and that Mrs. Smith's access was blocked by a gate. Mr. Bishop spoke in favor of the Round Hill/ Ward Avenue connection. He also had questions about public sewer lines, reminding the Commission that individuals in the community were waiting for public sewage capability. The second citizen, Mrs. Patricia Smith, had the right -of -way on Echo Lane through the applicant's property. Mrs. Smith said that no one has spoken with her about this proposal and she was not notified in writing about the meeting. She wanted to know how she and the other neighbors along Stonewall Drive would be affected. The applicant and his legal counsel were available to describe the project and the revised proffers and information. Commissioners questioned the applicant on why he continued to pursue an entrance onto Route 50. Commission members suggested the applicant be prepared to address the comments raised about the shared access agreement on Route 50, a possible tie -in to Stonewall Drive, and the 50 -foot requirement across the main entrance on Ward Avenue before coming back before the Commission. In accordance with the Commission's Bylaws regarding submission of revised proffers, members of the Commission unanimously voted to table the rezoning for 45 days in order to provide sufficient time for review of the revised proffers by the Commission, the staff, and the public. STAFF UPDATE FOR 10/01/08 PLANNING COMMISSION MEETING: The Applicant previously provided the Planning Commission with a revised proffer statement dated August 18, 2008 immediately prior to your 08/20/08 meeting. In this revision, the Applicant attempted to address several issues identified in the staff report and those items identified by Mr. Rod Williams during his legal review dated August 14, 2008. Following this Commission meeting, the Applicant further revised their proffer statement in an effort to address several issues identified by the Planning Commission. The date of this latest revision to the proffer statement is September 5, 2008. In summary, the changes to the substance of the proffer statement are as follows. The most significant modification to the Application and Proffer Statement is the inclusion of Parcel 53B -3 -24 owned by United Bank into the application. The primary purpose to this addition is to provide for sufficient area to implement the proposed Ward Avenue access road to the facility as identified on Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 12 the GDP. This change alone necessitates the additional Public Hearing requirement which has been duly advertised. Please recognize that the proffers for this rezoning have been crafted to apply to the 5' area to be ad j usted into the Assisted Living Facility from the United Bank. The balance of this parcel to be retained by United Bank would not be subject to these proffers. The next significant modification is the clarification that the land use for this property shall be only for an assisted living care facility of up to 75,000 square feet. All other B2 uses shall'not be permitted on this site. In addition, the Applicant has included an exhibit, Exhibit A, which would guide the architectural elevations of the buildings construction, and has broadened the potential use of the $25,000 transportation proffer to the general vicinity of the project rather than direct it to a specific improvement. In addition to those concerns previously identified in the staff report, several concerns remain regarding the proffer statement's triggers including the timing of the above $25,000 transportation contribution, the timing of the site improvements, and the sunset clause for the dedication of right of way to the rear of the property for the Round Hill Road extension. The importance of this future road connection, dedication of the necessary right of way, and potential construction should continue to be stressed. The proposed entrance onto Route 50 has been modified but has not been removed at this time. STAFF CONCLUSIONS FOR 09/24/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Round Hill Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention should be paid to the proposed Route 50 entrance to the facility, impacts to Ward Avenue, and how the application addresses the comprehensively planned road to the rear of the property. In addition, concerns remain regarding the Proffer Statement and the triggers and mechanisms for the Proffers. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/01/08 MEETING: The Planning Commission discussed several issues that were still outstanding from their previous meeting. These included the value of the monetary contributions for fire and rescue and transportation, the language in the proffer statement concerning a sunset clause for road dedication, and the unresolved access to the site. Members of the Planning Commission were not in favor of placing a commercial entrance on Route 50; they believed other options were available for the applicant to achieve another access point. They also did not believe the applicant went far enough to mitigate the traffic impacts imposed by the proposed use. Rezoning #06 -08 Route 50 Assisted Living Facility October 15, 2008 Page 13 There were no public comments. The Planning Commission recommended denial by the following majority vote: YES (REC. DENIAL): Unger, Ambrogi, Manuel, Ruckman, Oates, Wilmot NO: Ours, Thomas, Triplett, Kerr (Note: Commissioner Mohn abstained; Commissioners Watt and Kriz were absent from the meeting.) Bowrnan C O N S U L T I N G October 14, 2008 Mr. Michael T. Ruddy, AICP Deputy Planning Director County of Frederick Department of Planning Development 107 North Kent Street Winchester, VA 22601 RE: Route 50 Assisted Living Facility Rezoning Application #06 -08 BCG Project #5132 -01 -003 Dear Mr. Ruddy, Attached with this correspondence are the exhibits and supporting materials for the above referenced rezoning application for inclusion in the agenda packet for the Board of Supervisors public hearing on October 22, 2008. The key revisions made to the application subsequent to the Planning Commission's recommendation are as follows: Route 50 Access The proposed access on US Route 50_has been modified to a "right -in only" entrance, which has been reviewed and accepted by VDOT. The revised design will accommodate ingress and egress for over -sized Allegheny Power vehicles, but is configured to preclude egress for assisted living facility traffic. Monetary Contribution for Fire and Rescue The lump sum monetary contribution for Fire and Rescue has been increased from $10,000.00 to $25,000.00. In addition to this lump sum payment, the proffers have been enhanced to include a recurring contribution for Fire and Rescue services of $5,000.00 per year. Revision of Proffer Language The text of the proffer statement has been revised to reflect County Attorney comments and clarify implementation triggers for certain provisions. On behalf of HHHunt and the entire project team, I would like to thank you for your continued assistance with this proposal. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely BOWM ichael P Point -r Principal Attachments l Bowman Consulting Group, Ltd. 124 East Cork Street Winchester,VA 22601 Phone: 540.722.2343 Fax: 540.722.5080 www.bowmanconsulting.com REZONING APPLICATION 1106 -08 ROUTE 50 ASSISTED LIVING FACILITY Staff Report for the Planning Commission Prepared: September 17, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director STAFF UPDATE FOR 09/24/08 PLANNING COMMISSION MEETING: The Applicant previously provided the Planning Commission with a revised proffer statement dated August 18, 2008 immediately prior to your 08/20/08 meeting. In this revision, the Applicant attempted to address several issues identified in the staff report and those items identified by Mr. Rod Williams during his legal review dated August 14, 2008. Following this Commission meeting, the Applicant further revised their proffer statement in an effort to address several issues identified by the Planning Commission. The date of this latest revision to the proffer statement is September 5, 2008. In summary, the changes to the substance of the proffer statement are as follows. The most significant modification to the Application and Proffer Statement is the inclusion of Parcel 53B -3 -24 owned by United Bank into the application. The primary purpose to this addition is to provide for sufficient area to implement the proposed Ward Avenue access road to the facility as identified on the GDP. This change alone necessitates the additional Public Hearing requirement which has been duly advertised. Please recognize that the proffers for this rezoning have been crafted to apply to the 5' area to be adjusted into the Assisted Living Facility from the United Bank. The balance of this parcel to be retained by United Bank would not be subject to these proffers. The next significant modification is the clarification that the land use for this property shall be only for an assisted living care facility of up to 75,000 square feet. All other B2 uses shall not be permitted on this site. In addition, the Applicant has included an exhibit, Exhibit A, which would guide the architectural elevations of the buildings construction, and has broadened the potential use of the $25,000 transportation proffer to the general vicinity of the project rather than direct it to a specific improvement. In addition to those concerns previously identified in the staff report, several concerns remain regarding the proffer statement's triggers including the timing of the above $25,000 transportation contribution, the timing of the site improvements, and the sunset clause for the dedication of right of way to the rear of the property for the Round Hill Road extension. The importance of this future road connection, dedication of the necessary right of way, and potential construction should continue to be stressed. The proposed entrance onto Route 50 has been modified but has not been removed at this time. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 2 STAFF CONCLUSIONS FOR 09/24/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Round Hill Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention be paid to the proposed Route 50 entrance to the facility, impacts to Ward Avenue, and how the application addresses the comprehensively planned road to the rear of the property. In addition, concerns remain regarding the Proffer Statement and the triggers and mechanisms for the Proffers. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 3 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 Planning Commission: 08/20/08 09/17/08 Board of Supervisors: 09/24/08 PROPOSAL: To rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The properties are located south of Route 50, east of the intersection of Ward Avenue and Route 50. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 53 -A -81, 53 -A -82. 53B -3 -24, and 53B -3 -25 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RA (Rural Areas) B2 (Business General) South: RA (Rural Areas) East: RA (Rural Areas) B2 (Business General) West: RA (Rural Areas) Use: U se: Use: Use: Action i Tabled 45 days Pending Pending Residential Commercial Candy Hill Campground Residential /vacant Bank Residential PROPOSED USES: Up to 75,000 square feet of Assisted Living Care Facility Use. However, all other B2 uses permitted (pl se see comments relating to the proposed land use for this site). REVIEW EVALUATIONS: Department of Inspections: No Comment. Rezoning #06 -08= Route 50 Assisted Living Facility September 17, 2008 Page 4 Virginia Department of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied with the transportation proffers offered; no proffers were offered addressing transportation. Before development, this office will require a complete set of construction plans 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. Please see additional comments provided by Mr. Matthew Smithy VDOT dated August 26, 2008. Fire Marshall: Plan approval recommended. Department of Public Works: 1. Refer to the Impact Analysis under suitability of the site: The discussion of the bedrock should be expanded to address the potential for sinkhole development within the limestone which underlies the entire site. 2. Refer to the Impact Analysis under drainage: Indicate if there are sufficient off -site drainage channels and/or culverts to accomrnodate the storm flows derived from the proposed stormwater management facility. Also, indicate if the proposed stormwater pond will be designed as a BMP facility to attenuate storm flows and maximize nutrient removal. 3. Refer to Impact Analysis under Solid Waste Disposal Facilities: Expand the narrative to include an estimate of the yearly solid waste in tons produced by the proposed development. 4. Refer to Impact Analysis under Impact on Community Facilities: Explain the reference to the impact on the City of Winchester when Frederick County provides all the services required by the proposed development. 5. Refer to the Wetland Assessment prepared by ECS: This assessment indicates a topographic high of 825 MSL with approximately 20 feet of total relief. This observation is in conflict with the plan of the existing natural conditions prepared by Bowman Consulting which indicates a topographic high of 834.6 with approximately 35 feet of relief. This conflict needs to be corrected. 6. Refer to the MDP, sheet 2 of 3: Delineate any karst features which could impact the site development. 7. Refer to the MDP, sheet 2 of 3: Indicate the locations of any existing wells and /or drainfields which will need to be properly abandoned to accommodate development. These features currently exist on the property identified as Map I.D.: 53B -3 -25. 8. Refer to the MDP, sheet 3 of 3: Any site development should be designed to ensure that storm runoff is diverted to the proposed stormwater management /BMP facility and away from the single family residences fronting on Ward Avenue. Frederick Winchester Service Authority: No comments. Sanitation Authority Department: There should be sufficient sewer and water capacity to serve this project. Department of Parks Recreation: No comment. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 5 Health Department: Unless the proposal has changed since the attached Health Department comments dated 2/21/08 were sent to the owner, those comments are still valid. 2/21/08 The Health Department has no objections. According to the "Sewer Water Exhibit: public water and sewer are to be provided. Permits from this office will be required for food preparation facilities, Winchester Regional Airport: We have reviewed the proposed rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces, therefore, special conditional will not be requested. Frederick County Public Schools: We offer no comments. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey. there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Attorney Comments: Please see letter dated August 14, 2008 from Mr. Rod Williams. Planning Department: Please see attached memorandum. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 6 Land Use The property is located in the area covered by the Round Hill Land Use Plan which was most recently updated on November 11, 2007. The property is within the SWSA and is designated as an area of commercial land use. The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill Community along Route 50. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Examples consistently used in the current development in the corridor have included brick construction and in several cases, standing seam metal green roofs. Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable landscaped area that promotes the corridor appearance goals of the Comprehensive Plan. Recently rezoned projects in several corridors have consistently.applied this approach. This property is located in an area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are sensitively addressed. A tailored approach to the buffering and screening of these properties may be warranted. Transportation This application must address the transportation components of the Round Hill Land Use Plan. The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency. The Round Hill Land Use Plan identifies a local collector street connecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road. The associated proffer language with this road provides minimal assistance in providing this important road connection. More detail needs to be provided regarding Ward Avenue, its associated right -of -way, and the ability to modify and expand upon, or dedicate the right -of -way to provide for an acceptable access to and from the site. Ward Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving Ward Avenue to a public street standard that meets all current standards. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 7 In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The Eastem Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. The Comprehensive Policy Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does not provide that Level of Service (LOS C). In addition, this application fails to accurately model a level of service consistent with the Comprehensive Policy Plan. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Ward Avenue and a secondary limited access point is proposed to be provided from Route 50 (Northwestern Pike) via a right -in right -out only entrance. A third access point would be permitted to the rear of this property in the future. Please recognize that the proposed access onto Ward Avenue is very constrainer. The parcel acquired by the applicant is 50' in width and may not sufficiently accommodate a full two way access road that meets the necessary setbacks from the adjacent property line to the north and respects the required buffer to the south. The applicant is proposing to locate the access driveway within the active portion of the required buffer. This should be clarified in the application prior to the Commission's recommendation. In addition, the entrance on to Route 50 should be carefully evaluated. As noted previously, additional entrances along such a significant transportation corridor should be avoided. The design of the site is specifically illustrated on the Generalized Development Plan for this project. The GDP provides a degree of certainty as to how the site is proposed to be developed. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel which are identified in this application. Two reports prepared by ECS Mid Atlantic, LLC were performed in conjunction with this application, a wetlands study and a preliminary geotechnical evaluation. Please see the letters dated October 26, 2007 and January 29. 2008 respectively which further describe the reports. Potential Impacts When considering this request, it should be recognized that the approach taken in this application seeks to minimize the use in an effort to minimize the impacts that need to be addressed in the application. It may be more desirable to take a greater advantage of the location of this property and enable a more intensive use of the property than that which is proffered. It would appear as though there is ample space to enable additional compatible land uses on the property in the future. Such additional uses may include day care facilities and medical and professional office uses. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 8 The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. This Applicant has chosen an approach that is not desirable. They have stated that they intend to develop the property with up to 75,000 SF of assisted living care facility use and that all other B2 uses shall be permitted on the property. In essence, that this is a rezoning request that would permit all B2 uses with no development limitations; subject only to future TIA's with no guarantees as to how future impacts may be addressed. To reiterate, this approach is not acceptable. A. Transportation Traffic Impact Analysis. The TIA prepared for this application was based upon the development of an eighty -four bed assisted living facility. Primary access to the development was modeled from Ward Avenue and a secondary limited access point from Route 50 (Northwestem Pike). The Applicant evaluated the intersection of Ward Avenue and Route 50 and the intersection of Echo Lane and Route 50. As the Commission is aware, the Comprehensive Policy Plan seeks to ensure that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. An acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and conclusions are based upon a level of service D or better. This is not acceptable. Therefore, the conclusions of the TIA are not acceptable. This application has not accurately measured the transportation impacts associated with the request. Transportation Program. It is anticipated that additional right -of -way and improvements may be necessary along Route 50 and Ward Avenue. A mechanism should be considered which would enable any right -of- way necessary for the planned improvements to be dedicated to the County or VDOT. Future right -of -way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. Access management of Route 50 is a significant consideration. An additional entrance onto Route 50 should be avoided. The function of the existing signal at Route 50 and Ward Avenue should continue to be enhanced. It does appear as though additional improvements are being proposed on the GDP along the properties frontage with Route 50. These improvements should be clarified and specifically incorporated into the language of the Proffer Statement. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach has been considered with this request. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 9 The applicant has proffered $25,000 towards such improvements. However, a sunset clause of 5 years has been added to the Proffer as has a restriction on the distance from the property (500') the funding could be used. The result of these two restrictions may invalidate the proffer. The application has not provided for any right -of way dedication along Ward Avenue or Route 50. Ward Avenue is identified as a 40' right -of -way. The minimum right of way needs of VDOT should be recognized, in addition to any additional right of way necessary to implement access to and from the site. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Ward Avenue, to the Route 50 frontage, and along the Route 50 frontage. This has been addressed but should be specifically incorporated into the proffer language The application identifies a local collector street connecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road. The associated proffer language with this road provides minimal assistance in providing this important road connection. In addition, the reservation language and sunset clause of five years is once again insufficient to address the importance of this future connection identified in the Comprehensive Plan. The entrances identified on the GDP should be addressed at this time and the future construction should be consistent with the GDP. The Applicant has written additional flexibility into Proffer 2.1 which may provide additional flexibility. B. Design Standards The application provides for the addition of an enhanced landscaping buffer area along the properties frontage with Route 50. In addition, the application includes minimal architectural language, loosely written in an attempt to address the corridor appearance design elements of the Comprehensive Plan. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application,' however, is not a typical revenue generating commercial land use (please refer to a previous comment about the intensity of the land use at such a key location). This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County for Fire and Rescue purposes. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 10 5) Proffer Statement Dated February 22, 2008; revised June 24, 2008. A) Generalized Development Plan The applicant has proffered a Generalized Development Plan (GDP dated January 2008 and revised through June 24, 2008) for the site. The GDP is very specific which may cause conflicts with existing requirements and engineering and site development issues during the development of this project. Staff does recognize that this is more detailed than that initially provided, as requested; however, with this request it should be simplified. Staff would suggest removing the utility lines and parking lot striping and handicap details. It is not clear how the enhanced buffer details are different from those required by Ordinance. The Applicant should clarify this item. In addition, the applicant should address the Ward Avenue entrance on the GDP. The GDP shows a right -in right -out only entrance on Route 50 and a full entrance on Ward Avenue. The location of three potential locations for possible inter parcel connections is also shown on the GDP. B) Land Use The Applicant has stated that they intend to develop the property with up to 75,000 SF of assisted living care facility use and that all other B2 uses shall be permitted on the property. In essence, that this is a rezoning request that would permit all B2 uses with no development limitations; subject only to future TIA's with no guarantees as to how future impacts may be addressed. To reiterate, this approach is not acceptable. The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. This Applicant has chosen an approach opposite to that required and opposite to best practices, an approach that does not provide the County with the appropriate measure of control and security to make sure the impacts associated with the request can be adequately addressed. The applicant has proffered a 100' enhanced landscaped road efficiency buffer along the Route 50 frontage which will include mixed ornamental plantings generally consistent with the exhibit included with the GDP. Transportation The applicant 'has proffered to limit site entrances to two as shown on the GDP. Direct'' access from Route 50 shall be limited to a right in only entrance. A third entrance to the rear would be permitted in the future. The Applicant has a commitment to reserve up to 25' along the southern boundary for possible right of way dedication for the extension of existing Round Hill Road by others. To reiterate, this element should be addressed to a greater extent. In addition, the sunset clause in this and other proffers should be removed. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 11 lnterparcel connection opportunities have been identified. The Applicant has proffered a $25,000 contribution for future road improvements to Route 50, Ward Avenue, or the extension of Round Hill Road within 500' of the property. Please note the concerns previously identified with distance condition and the sunset clause. D) Comrunity Facilities The applicant has proffered a monetary contribution in the amount of $2,000 to Frederick County for Fire and Rescue purposes. No additional contributions have been made to address the other community facility impacts recognized by the County's development Impact Model (DIM). An overall concern with this request is the approach the applicant has taken to the administrative triggers and mechanisms for the Proffers that are aimed at mitigating the potential impacts associated with this request. The approach is undesirable. The approach proposed by theApplicant is complicated and more confusing than it needs to be. It is the County's desire to ensure that the proffer language is clear and concise. Further, that the proffers actually address the impacts generated by the specific request. STAFF CONCLUSIONS FOR 08/20/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Round Hill Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention should be paid to the proposed entrances to the facility, impacts to Ward Avenue, and how the application addresses the comprehensively planned road to the rear of the property. In addition, significant concerns have been raised regarding the details of the Proffer Statement and the triggers and mechanisms for the Proffers, the conclusions of the TIA, and the important fact that not all B2 land uses and there potential impacts have been evaluated. Following the requirement for a public hearing, a recommendation b y the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address 'all concerns raised by the Planning Commission. Rezoning #06 -08 Route 50 Assisted Living Facility September 17, 2008 Page 12 PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/20/08 MEETING: The staff and Commission recognized the applicant had just recently submitted a revised proffer statement, dated August 18, 2008, which did not arrive timely enough to be placed in the Commission's agenda or reviewed by the staff or the public. Staff announced that the Commission's Bylaws stipulate that if information is not received within 21 days prior to the meeting, the Commission may table the request for 45 days. Commissioners commented that the revised proffer statement significantly changed the application. Two citizens spoke during the public comment portion of the hearing. The first citizen, Mr. Gregory Bishop, commented about the shared easements and right -of -way and that Mrs. Smith's access was blocked by a gate. Mr. Bishop spoke in favor of the Round Hill/ Ward Avenue connection. He also had questions about public sewer lines, reminding the Commission that individuals in the community were waiting for public sewage capability. The second citizen, Mrs. Patricia Smith, had the right -of -way on Echo Lane through the applicant's property. Mrs. Smith said that no one has spoken with her about this proposal and she was not notified in writing about the meeting. She wanted to know how she and the other neighbors along Stonewall Drive would be affected. The applicant and his legal counsel were available to describe the project and the revised proffers and information. Commissioners questioned the applicant on why he continued to pursue an entrance onto Route 50. Commission members suggested the applicant be prepared to address the comments raised about the shared access agreement on Route 50, a possible tie -in to Stonewall Drive, and the 50 -foot requirement across the main entrance on Ward Avenue before coming back before the Commission. In accordance with the Commission's Bylaws regarding submission of revised proffers, members of the Commission unanimously voted to table the rezoning for 45 days in order to provide sufficient time for review of the revised proffers by the Commission, the staff, and the public. 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 natter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 08/20/08 Board of Supervisors: 09/24/08 PROPOSAL: To rezone 10.24 acres from RA (Rural Areas) District to B2 (General I3usiness) District, with proffers. LOCATION: The properties are located south of Route 50, east of the intersection of Ward Avenue and Route 50. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 53 -A -81. 53 -A -82 and 53B -3 -25 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and vacant ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) B2 (Business General) RA (Rural Areas) RA (Rural Areas) B2 (Business General) RA (Rural Areas) Use: Use: Use: Use: REZONING APPLICATION #06 -08 ROUTE 50 ASSISTED LIVING FACILITY Staff Report for the Planning Commission Prepared: August 6, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Action Pending Pending Residential Commercial Candy Hill Campground Residential /vacant Bank Residential PROPOSED USES: Up to 75,000 square feet of Assisted Living Care Facility Use. However, all other B2 uses permitted (please see comments relating to the proposed land use for this site). REVIEW EVALUATIONS: Fire Marshall: Plan approval recommended. Department of Inspections: No Comment. Rezoning #06 -08 Route 50 Assisted Living Facility August 6, 2008 Page 2 Virginia Department of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied with the transportation proffers offered; no proffers were offered addressing transportation. Before development, this office will require a complete set of construction plans 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. Department of Public Works: 1. Refer to the Impact Analysis under suitability of the site: The discussion of the bedrock should be expanded to address the potential for sinkhole development within the limestone which underlies the entire site. 2. Refer to the Impact Analysis under drainage: Indicate if there are sufficient off -site drainage channels andlor culverts to accommodate the storm flows derived from the proposed stormwater management facility. Also, indicate if the proposed stormwater pond will be designed as a BMP facility to attenuate storm flows and maximize nutrient removal. 3. Refer to Impact Analysis under Solid Waste Disposal Facilities: Expand the narrative to include an estimate of the yearly solid waste in tons produced by the proposed development. 4. Refer to Impact Analysis under Impact on Community Facilities: Explain the reference to the impact on the City of Winchester when Frederick County provides all the services required by the proposed development. 5. Refer to the Wetland Assessment prepared by ECS: This assessment indicates a topographic high of 825 MSL with approximately 20 feet of total relief. This observation is in conflict with the plan of the existing natural conditions prepared by Bowman Consulting which indicates a topographic high of 834.6 with approximately 35 feet of relief. This conflict needs to be corrected. 6. Refer to the MDP, sheet 2 of 3: Delineate any karst features which could impact the site development. 7. Refer to the MDP, sheet 2 of 3: Indicate the locations of any existing wells and /or drainfields which will need to be properly abandoned to accommodate development. These features currently exist on the property identified as Map I.D.: 53B -3 -25. 8. Refer to the MDP, sheet 3 of 3: Any site development should be designed to ensure that storm runoff is diverted to the proposed stormwater management/BMP facility and away from the single family residences fronting on Ward Avenue. Frederick Winchester Service Authority: No comments. Sanitation Authority Department: There should be sufficient sewer and water capacity to serve this project. Department of Parks Recreation: No comment. Rezoning #06 -08 Route 50 Assisted Living Facility August 6, 2008 Page 3 Health Department: Unless the proposal has changed since the attached Health Department comments dated 2/21/08 were sent to the owner, those comments are still valid. 2/21/08 —The Health Department has no objections. According to the "Sewer Water Exhibit: public water and sewer are to be provided. Permits from this office will be required for food preparation facilities. Winchester Regional Airport: We have reviewed the proposed rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces, therefore, special conditional will not be requested. Frederick County Public Schools: We offer no continents. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the 1-IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Attorney Comments: Pending. Planning Department: Please see attached memorandum. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Rezoning #06 -08 Route 50 Assisted Living Facility August 6, 2008 Page 4 Land Use The property is located in the area covered by the Round Hill Land Use Plan which was most recently updated on November 11, 2007. The property is within the SWSA and is designated as an area of commercial land use. The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill Community along Route 50. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Examples consistently used in the current development in the corridor have included brick construction and in several cases, standing seam metal green roofs. Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable landscaped area that promotes the corridor appearance goals of the Comprehensive Plan. Recently rezoned projects in several corridors have consistently applied this approach. This property is located in an area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are sensitively addressed. A tailored approach to the buffering and screening of these properties may be warranted. Transportation This application must address the transportation components of the Round Hill Land Use Plan. The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency. The Round Hill Land Use Plan identifies a local collector street connecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road. The associated proffer language with this road provides minimal assistance in providing this important road connection. More detail needs to be provided regarding Ward Avenue, its associated right -of -way, and the ability to modify and expand upon, or dedicate the right -of -way to provide for an acceptable access to and from the site. Ward Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving Ward Avenue to a public street standard that meets all current standards. In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. Rezoning #06 -08 Route 50 Assisted Living Facility August 6, 2008 Page 5 The Comprehensive Policy Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does not provide that Level of Service (LOS C). In addition, this application fails to accurately model a level of service consistent with the Comprehensive Policy Plan. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Ward Avenue and a secondary limited access point is proposed to.be provided from Route 50 (Northwestern Pike) via a right -in right -out only entrance. A third access point would be permitted to the rear of this property in the future. Please recognize that the proposed access onto Ward Avenue is very constrained. The parcel acquired by the applicant is 50' in width and may not sufficiently accommodate a full two way access road that meets the necessary setbacks from the adjacent property line to the north and respects the required buffer to the south. The applicant is proposing to locate the access driveway within the active portion of the required buffer. This should be clarified in the application prior to the Commission's recommendation. In addition, the entrance on to Route 50 should be carefully evaluated. As noted previously, additional entrances along such a significant transportation corridor should be avoided. The design of the site is specifically illustrated on the Generalized Development Plan for this project. The GDP provides a degree of certainty as to how the site is proposed to be developed. 3) Site Suitability /Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel which are identified in this application. Two reports prepared by ECS Mid Atlantic. LLC were performed in conjunction with this application, a wetlands study and a preliminary geotechnical evaluation. Please see the letters dated October 26, 2007 and January 29, 2008 respectively which further describe the reports. 4) Potential Impacts When considering this request, it should be recognized that the approach taken in this application seeks to minimize the use in an effort to minimize the impacts that need to be addressed in the application. It may be more desirable to take a greater advantage of the location of this property and enable a more intensive use of the property than that which is proffered. It would appear as though there is ample space to enable additional compatible land uses on the property in the future. Such additional uses may include day care facilities and medical and professional office uses. Rezoning #06 -08 Route 50 Assisted Living Facility August 6, 2008 Page 6 The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. This Applicant has chosen an approach that is not desirable. They have stated that they intend to develop the property rvitlr up to 75,000 SF of assisted living care facility use and that all other B2 uses shall be permitted on the property. In essence, that this is a rezoning request that would permit all B2 uses with no development limitations; subject only to future TIA's with no guarantees as to how future impacts may he addressed. To reiterate, this approach is not acceptable. A. Transportation Traffic Impact Analysis. The TIA prepared for this application was based upon the development of an eighty -four bed assisted living facility. Primary access to the development was modeled from Ward Avenue and a secondary limited access point from Route 50 (Northwestern Pike). The Applicant evaluated the intersection of Ward Avenue and Route 50 and the intersection of Echo Lane and Route 50. As the Commission is aware, the Comprehensive Policy Plan seeks to ensure that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. An acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and conclusions are based upon a level of service D or better. This is not acceptable. Therefore, the conclusions of the TiA are not acceptable. This application has not accurately measured the transportation impacts associated with the request. Transportation Program. It is anticipated that additional right -of -way and improvements may be necessary along Route 50 and Ward Avenue. A mechanism should be considered which would enable any right -of- way necessary for the planned improvements to be dedicated to the County or VDOT. Future right -of -way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. Access management of Route 50 is a significant consideration. An additional entrance onto Route 50 should be avoided. The function of the existing signal at Route 50 and Ward Avenue should continue to be enhanced. It does appear as though additional improvements are being proposed on the GDP along the properties frontage with Route 50. These improvements should be clarified and specifically incorporated into the language of the Proffer Statement. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an, approach has been considered with this request. Rezoning #06 -08 Route 50 Assisted Living Facility August 6, 2008 Page 7 The applicant has proffered $25,000 towards such improvements. However, a sunset clause of 5years has been added to the Proffer as has a restriction on the distance front the property (500') the funding could be used. The result of these two restrictions may invalidate the proffer. The application has not provided for any right -of way dedication along Ward Avenue or Route 50. Ward Avenue is identified as a 40' right -of -way. The minimum right of way needs of VDOT should be recognized, in addition to any additional right of way necessary to implement access to and from the site. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Ward Avenue, to the Route 50 frontage, and along the Route 50 frontage. This has been addressed but should be specifically incorporated into the proffer language. The application identifies a local collector street connecting Ward Avenue to Round Hill Road in the general vicinity of the southern boundary of this property. The dashed line on the GDP does not give sufficient guidance as to how this application addresses the road The associated proffer language with this road provides minimal assistance in providing this important road connection. In addition, the reservation language and sunset clause of five years is once again insufficient to address the importance of this future connection identified in the Comprehensive Plan. The entrances identified on the GDP should be addressed at this time and the future construction should be consistent with the GDP. The Applicant has written additional flexibility into Proffer 2.1 which may provide additional flexibility. B. Design Standards The application provides for the addition of an enhanced landscaping buffer area along the properties frontage with Route 50. in addition, the application includes minimal architectural language, loosely written in an attempt to address the corridor appearance design elements of the Comprehensive Plan. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application,• however, is not a typical revenue generating commercial land use (please refer to a previous comment about the intensity of the land use at such a key location). This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County for Fire and Rescue purposes. Rezoning #06 -08 Route 50 Assisted Living Facility August 6, 2008 Page 8 5) Proffer Statement Dated February 22, 2008; revised June 24, 2008. A) Generalized Development Plan The applicant has proffered a Generalized Development Plan (GDP dated January 2008 and revised through June 24, 2008) for the site. The GDP is very specific which may cause conflicts with existing requirements and engineering and site development issues during the development of this project. Staff does recognize that this is more detailed than that initially provided, as requested, however, with this request should be simplified. Staff would suggest removing the utility lines and parking lot striping and handicap details. It is not clear how the enhanced buffer details are different from those required by Ordinance. The Applicant should clari fy this item. In addition, the applicant should address the Ward Avenue entrance on the GDP. The GDP shows a right -in right -out only entrance on Route 50 and a full entrance on Ward Avenue. The location of three potential locations for possible inter parcel connections is also shown on the GDP. B) Land Use The Applicant has stated that they intend to develop the property with up to 75,000 SF of assisted living care facility use and that all other B2 uses shall be permitted on the property. In essence, that this is a rezoning request that would permit all B2 uses with no development limitations; subject only to future TIA's with no guarantees as to how future impacts may be addressed. To reiterate, this approach is not acceptable. The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. This Applicant has chosen an approach opposite to that required and opposite to best practices, an approach that does not provide the County with the appropriate measure of control and security to make sure the impacts associated with the request can be adequately addressed. The applicant has proffered a 100' enhanced landscaped road efficiency buffer along the Route 50 frontage which will include mixed ornamental plantings generally consistent with the exhibit included with the GDP. C) Transportation The applicant has proffered to limit site entrances to two as shown on the GDP. Direct access from Route 50 shall be limited to a right in only entrance. A third entrance to the rear would be permitted in the future. The Applicant has a commitment to reserve up to 25' along the southern boundary for possible right of way dedication for the extension of existing Round Hill Road by others. To reiterate, this element should be addressed to a greater extent. In addition, the sunset clause in this and other proffers should be removed. Rezoning #06 -08 Route 50 Assisted Living Facility August 6, 2008 Page 9 Interparcel connection opportunities have been identified. The Applicant has proffered a $25,000 contribution for future road improvements to Route 50, Ward Avenue. or the extension of Round Hill Road within 500' of the property. Please note the concerns previously identified with distance condition and the sunset clause. D) Community Facilities The applicant has proffered a monetary contribution in the amount of $2,000 to Frederick County for Fire and Rescue purposes. No additional contributions have been made to address the other community facility impacts recognized by the County's development Impact Model (DIM). An overall concern with this request is the approach the applicant has taken to the administrative triggers and mechanisms for the Proffers that are aimed at mitigating the potential impacts associated with this request. The approach is undesirable. The approach proposed by the Applicant is complicated and more confusing than it needs to be. It is the County's desire to ensure that the proffer language is clear and concise. Further, that the proffers actually address the impacts generated by the specific request. STAFF CONCLUSIONS FOR 08/20/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Round Hill Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention should be paid to the proposed entrances to the facility, impacts to Ward Avenue, and how the application addresses the comprehensively planned road to the rear of the property. In addition, significant concerns have been raised regarding the details of the Proffer Statement and the triggers and mechanisms for the Proffers, the conclusions of the TIA, and the important fact that not all B2 land uses and there potential impacts have been evaluated. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Route 50 Assisted Living facility August 18, 2008 Meeting Agenda Land Use I. All other permitted B -2 uses are out. Up to 75,000 sf of assisted living facility only. 2. Rte. 50 corridor enhancement. Details updated to show additional materials grouped where existing residences are located. Groupings of materials along Rte. 50 also to get away from the staggered course of evergreens and afford some views into the site to see the on -site landscaping and people etc. Transportation 1. Revised TIA delivered to Jerry Copp Friday since Lloyd Ingram originally commented and there have been no further comments since we resubmitted. Original TIA did not show 3 through lanes and turn lanes and with this revision, the LOS C is achieved or exceeded. 3 thru lanes into 2 thru's and a turn lane as shown. 2. Dedication of the 25' along the rear of the property generally along the alignment shown in the RHLUP for Round Hill Road extension by others. 3. Contribution specifically to go to Botanical Drive improvements needed to further improve that leg of the intx. Site Access I. Ward Avenue access and comments for 5' setback or one way traffic. 2. Ward Avenue right -of -way dedication and improvements shown. 3. Rte. 50 existing right -in /right -out is being improved and must be maintained based on recorded access for the power station and the Poe property. Revised Proffer Statement 1. A revised proffer statement has been completed based on having received County Attorney comments last week. 0 53 A 86 250 NORTHWESTERN PIKE 500 53 A 74 cO cO 53B 3 38 /1 MB 3 23 53 A 86B 7 1 1,000 Feet RT 50 Assisted Living Facility ReZoning REZ 06 08 PIN: 53 A 81, 53 A 82, 53B 3 25 Q RE20608_AsssitedLivingFacility Zoning Future Rt37 Bypass Urban Development Area "10 SWSA t42(Industrial. General District) BI (Business, Neighborhood District) MHI (Mobile Home Community District) e B2 (Business, General District) MS (Medical Support District) B3 (Business, Industrial Transition District) R4 (Residential Planned Community District) EM (Extractive Manufacturing District) RS (Residential Recreational Community District) HE (Higher Education District) RA (Rural Area District) MI (Industrial, Light District) RP (Residential Performance District) Case Planner: Map Document N:1Planning_And_Developmentl_1_ Locator Mps120031 Rt50 _Assisted_Living_Facitity.mxd) 7/7/2008 2.4523 P6i To be completed by Planning Staff Zoning Amendment Number PC Hearing Date Fee Amount Paid Date Received BOS Hearing Date The following information shall be provided by the applicant.: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: HHHunt Corp (W.R. Cook, Jr.) Telephone: 919-461-0587 Address: 117 Edinburgh South, Suite 100 Cary, NC 27511 2. Property Owner (if different than above) Name: See attached Telephone: Address: 3. Contact person if other than above Name: Michael P. Pointer Bowman Consulting REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 4. Checklist: Check the following items that have been included with this application. Location map x Agency Comments x Plat x Fees x Deed to property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement x 10 Telephone: 540 722 -2343 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: HHHunt Corporation (W.R -1 Cook, Jr.) Darla Poe Funkhouser, Sharon S. Poe PHTH Properties, LLC Marathon Bank (United Bank) 6. A) Current Use of the Property: Vacant /Residential B) Proposed Use of the Property: Assisted Living /Health Services 7. Adjoining Property: See Part Iv PARCEL ID NUMBER USE ZONING between 8. Location: The property is located 44 (give exact location based on nearest road and distance from nearest intersection using road names and route numbers): the intersections of Ward Ave and Rte 50 (to the east) and Round Hill Rd and Rte 50 (to the west) on the south side of Rte 50.'= Echo!Ln provides access from Rte 50 through the site to an Allegheny Power Substation off -site, but behind the suject property. 11 9. The following information should be provided according to the type of rezoning proposed Single Family homes: Non Residential Lots: 10. Signature: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: 5e-vices Other: t LTJ4 ii.)-r`( 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. 1 (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 Conunission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): Number of Units Proposed Townhome: Multi- Family: Mobile Horne: Hotel Rooms: 12 Date: S`-'Pr. 6, 200? Date: Date: fipT S wag CE Date: S i6r7 7 S 2J LY /9 Api PROPERTY OWNERS Darla Poe Funkhouser 165 Jennings Farm Court Front Royal, Virginia 22630 and /or 272 Hilda Drive Clear Brook, Virginia 22624 Sharon S. Poe 2840 Back Mountain Road Winchester, Virginia 22602 PHTH Properties, LLC 1151 Cedar Creek Grade Winchester, Virginia 22602 Marathon Bank (United Bank) PO Box 189 Dunbar, WV 25064 REZONING APPLICATION FOR ROUTE 50 ASSISTED LIVING FACILITY Sharon S. Poe 2840 Back Mountain Road Winchester, VA 22602 PHTH Properties, LLC 1151 Cedar Creek Grade Winchester, VA 22602 OWNERS Darla Poe Funkhouser 165 Jennings Farm Court Front Royal, VA 22630 and /or 272 Hilda Drive Clearbrook, VA 22624 Marathon Bank (United Bank) PO Box 189 Dunbar, WV 25064 APPLICANT HHHunt Corporation Mr. W. R. "Bo" Cook, Jr. 117 Edinburgh South Suite 100 Cary, NC 27511 Ph: (919) 461 -0587 AGENT Bowman Consulting Group 124 East Cork Street Winchester, VA 22601 Ph: (540) 722 -2343 Revised September 4, 2008 0 0 0 z 1 Z 0 '271, z !7.,1 m rZ o M I 0 0 z 0 m 7 0 0 z 7; 0 c --1 rn cn 2 0 r. 0 o) m co Z 0) H I ,o rn D z rn r— x Z 0 03 0 --I -0 0 O co 0 F 71 S M 0 m K M_, 0 z cn —10 (0 z -P. -u 0 0 P (1 K --13 ri c,... (yi .7: co 01 Ei o I rz,. c0 -u c...1 I I 01 0., i5 (.4 I 1 01 La cr; ()I c.,) Cr CA <-4 CO 03 1 I 1 (..1 (...A i I z r '0 co I LJT N (f) i5 x C 0 a 0 z 17 «0 M ill T1 z 45 (A I n o 7,,, C3/ 7 o 0 z m 0 2_ 'L• r P r Z X Z Y.; 1 M M 4./3 p Cil Cr!,i---, a) M M 7 i f .i) C csi -I M N f N -1 Z ou C z NJ 1 0 O M 0 73 Z I c; 1 I 1 XJ Z 'A) M M Z 7- i 1 71 Z 7' 7-4---,-/ 1 Z 0 1'' 5 ut 7 n co n A, 44 71 133 0 C I 1 0 P Fri I' i 3 Z o x (11 Pi tti i GI g N. F',_5•, i -r. 0 Ri,c, l; 0% t 0 3 1 I -0 CI cn 6.).p 0 -.157 N-, u> 0 r2 En NI- o 0 m (..n IV __L 71 Z 0 I D r m (_n N. N_, OJ N. f 9 co f N. c>),, r:o 1 I— N 4"- 1 0 N. I •H 1/ 1 1 o c 5 lu (1) 7 1 Iv ril m K I 0 u.1 W 11 0 j 7 M I 0 Z C 03 to 6- m N..) N 0 n -1 n (A -----------X-7j' I R. I •...1 M Po 0 1 hir 0 co t (A .14 k 3) 1 to -------7 i 1 J t t L �o C 7 �m C) al 00 Z D m 0 r_ Z 0 D 0 r CO 11 m r m Z up 0 0 0 z 0 r rn G) rn 0 A 0 1 4 0 ui o z -1 cn *0> rn CO R- 0 m M z m z cn 0 1! /M M 1 i 1 ±28' 2 0 -0 0 CO 7_ m 0 m C m 1 1 J >1/VM301S N3V813S ,g iA =1 0 0 0 0 U) 0 Z C Z dc'c' 03 A x- Z _4 X 0 13 rn C) M r- co m 0 w z 0 0 <0> X 0 0 Z 0 fri 0 c C 20 rn zz 0-4 "rt Pi 2 0 zo 0c 75 W4M-40-1149W 141.01W'r3i8VON) 1V11131.84, loot d N:13.1.S31041:10N Og 4s... Know All Men By Those Present: That 1 (We) (Name) Sharon S. Poe Signature(s) State of Virginia, City /County of \TA ad 144 C/ Nota Public Revis 3/17/08 omitica Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: uvww.co•f ederick.va.us Department of Planting Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540 665 -5651 (Phone) (Address) Z11kO rt1`J� V F t t— the owner(s of all those tracts or parcels of land "Property conveyed to nic (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by ttst ..4 -No. C fl$ on Page 'S and is described as �3 4\ Parcel: S2 Lot:' L Block: J Section: Subdivision: NJrA do hereby make, constitute and appoint: (919)461 -0587 (Nance) W.R. "Bo" Cook, Jr. HH Hunt Corporation (Address) 117 Edinburgh South, Suite 100, Cary, NC 27511 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) _x Conditional Use Permit X Master Development Plan (Preliminary and Final) X Subdivision _y Site Plan X Variance or Appeal X 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 seal this 9 day of 7!u'a4� 200? (Phone) To -wit: My Commission Expires: uuq q R I i A41. O AA/ a Notary Public in and for the jurisdiet`�yr F T j r afores:g', certify that tl person(s) who signed to the foregoing instrument personally a peared befrn'e�tte NOTARY PUB and has acknowledged the same before me in the jurisdiction aforesaid this day of 2(50 REG 1 6 4098 aaa ccc M CO MMISSION t q �2 p 10 cn EXPIR 5 2 ''fi 1 EALTHP N O Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540 -665 -5651 Know All Men By Those Present: That 1 (We) (Name) PHTH Properties;LLC (Address) N.33 3-t, \1 ����Z 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.0?0:::0 1(, on Page 00 g 1 A and is described as Parcel Lot: Block: Section: Subdivision I>c\tl: do hereby stake, constitute and appoint: (Name) U. "Bo" Cook, Jr. (Phone) 919)461 -0587 HH Hunt Corporation (Address) 117 Edinburgh South, Suite 100, Cary, NC 27511 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permit X Master Development Plan (Preliminary and Final) x Subdivision X Site Plan X Variance or Appeal X Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to snake amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this /1 day of J, /y 2002 Signature(s) ,%-v jA zey s�� State of Virginia, City/Courtly -of �2A To -wit: I, 1k rn5,t/der a Notary Public in and for the jurisdiction aforesaid, certify that t to person(s) who signed to the foregoing instrument personally appeared before tune and has ack wledged a same before the in the jurisdiction aforesaid this /5 day of 200 g Notary Pub c Revised 3/17/08 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vmus (Phone) LSUJ LCt -Z My Commission Expires: /r) -31-10 Know All Men By Those Present: That I (We) (Name) Darla Poe Funkhouser (Address) :�4sY (7 Z 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, 0 ,1 S on Page \`1S and is described as Parcel LOt:cea_ Block: Section: Subdivision: 1 do hereby make, constitute and appoint: (Name) W.R. "Bo" Cook, Jr. (Phone) (919)461 -0587 HH Hunt Corporation (Address) 117 Edinburgh South, Suite 100, Cary, NC 27511 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 7 day of 1. 200f Signature(s) Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540 665 -6395 Phone 540 -665 -5651 State of Virginia, City /County of kid .Lkz C(v To -wit: t 1 I, It 1vt afores certify a Notary Public in and for tlte, jurisct$t� Tom•,' I,' r, that the sou who signed to the foregoing instrument personally ar reared!bofo trieNbTARY fY (s g g g P Y pUB and acknowledged the saute before me in the jurisdiction aforesaid this i day of 9 2T10� µt 8aoea 0 M COMMISSION My Commission Expires: !Z/al /o5 s c' EXPIRE o c- O n el. .,�NW EALIn ,o•' A rt AA Li- No Public Revi d 3/17/08 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: ww w.co.frcderick.va.us (Phone)( •90)5`/5 x'337 X Rezoning (including proffers) Conditional Use Permit X Master Development Plan (Preliminary and Final) X Subdivision Site Plan X Variance or Appeal X Comprehensive Policy Plan Amendment To be completed by Planning Staff Zoning Amendment Number PC Hearing Date g os/ Fee Amount Paid Date Received t BOS Hearing Date o ,ao 7 or ii /o9 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: HHHunt Corp (W.P. Cook, Jr.) Telephone: 919 461 -0587 Address: 117 Edinburgh South, Suite 100 Cary, NC 27511 2. Property Owner (if different than above) Name: See attached Telephone: Address: 3. Contact person if other than above Name:Michael P. Pointer Bowman Consulting REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 4. Checklist: Check the following items that have been included with this application. Location map x Agency Comments x Plat x Fees x Deed to property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement x 10 Telephone: 540 722 2343 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: HHHunt Corporation (W.R? Cook, Jr.) Darla Poe Funkhouser, Sharon S. Poe PHTH Properties, LLC 6. A) Current Use of the Property: Vacant /Residential B) Proposed Use of the Property: Assisted Living /Health Services 7. Adjoining Property: See Part IV PARCEL ID NUMBER USE ZONING between 8. Location: The property is located (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): the intersections of Ward Ave and Rte 50 (to the east) and Round Hill Rd and Rte 50 (to the west) on the south side of Rte 50. Echo]Ln provides access from Rte 50 through the site to an Allegheny Power Substation off -site, but behind the suject property. 11 9. The following information should be provided according to the type of rezoning proposed Single Family homes: Non Residential Lots: 10. Signature: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: Health Services Facility I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): Townhome: Multi- Family: 12 Number of Units Proposed Mobile Home: Hotel Rooms: Date: 4lllieo Date: Date: (0-7 Date: PROPERTY OWNERS Darla Poe Funkhouser 165 Jennings Farm Court Front Royal, Virginia 22630 and/or 272 Hilda Drive Clear Brook, Virginia 22624 Sharon S. Poe 2840 Back Mountain Road Winchester, Virginia 22602 PHTH Properties, LLC 1151 Cedar Creek Grade Winchester, Virginia 22602 013/24/2 12:54 FAX 1. uu[ /uu;, I 53S Ore agibeakis [Cu tasfAJi Mrin laelreVSS ?1St Ida) %M PHTH Prgper LLC Widress) I i �'P ras. Ore P liMiaiebArigr IbiteiejtVIOSMAStAgitte comma .4404Votaimalm &aim Sulttlistimli Thomas Moore Lawao pp_ o Lawson Silek, P.L.C., P.o. 7fte ikf pArgf dwithatopaisk -1, 0lamext=trr�ns•2t) k ValsrelltembailkIWS fi ;ex $lra ti5td$A?'t,. a March e 540 -665 -0050 Box 2740, Winchester, VA 2260 REG 357158 MY COMMISSION j 4 C� EXPIRES 4/30/200 .0 O AL tip`, HAUSS NOTARY''•.. C oi 08/24/2002 12:54 FAX Thstto prole I *iasy Ail Men sa'Pf ats "Y1tut I 0,4 4414) Darla Poe Funkhouser Special Limited Power ©f Attorney Comity of Predtriely Virr'intia FtedericltPiaetdttg Web Set Maatiikattddii&U AepustgwitcallApnigg man .CwEtrarr+eederiel4 Vtegtaini 197 Nortlk fttaarlrp4 3b! *1nohaatar, Virglatn 22601 Flitr$0�Ali` $40 flituhetekr41 afl1 Pitdclicss5 the Muuted( a't{ t Itsad r:as as by deed ram 411 ip me OWN �e:n7r`d1 iti 60 dte artoickiltAghtfaJ. by 1n44 era na :es {Phone) 'S`IO -54 82 P'$ 53 .13 92aCtiata c.„. ,fiabdFsiiiiam .5+tthbY a s t Thomas Moore Lawson home) 540 -665 -0050 0 Lawson Silek, P.L.C., P.C. Sox 2740, Winchester, VA 2260 To ea hiss trod a_ xd 1aartlti at ai ;antti p On) ggakaa. Amu and with Mi paxc&.. a n d 1 wnn L.uaire of st'• &4 rsifttddlyi Pna as dii H ag IPPE Cdtigpg Yar iuy!. r) libOve torniblennttlariteratit ikarSTet 914 At4 (Mid(Pregm a►a?nottaiaat) Silbdiaddit it e,rP *MOW or.ijapRtl7 Comprabtsaivepaltoy ,nga eimbittlib erit MY :dome-WWI si ll Fi6v¢ .tl4e .auflttiyi to A# t praSsct eatar4f L .te make eeleattatea t eriaatcon; t :expire; e *Miff WA@ i k 81014 ke Wit kit diet iyta taSeDrt :t Atotitda azmatircet'Ekelasjo it1 i 3d 010§ March 1 dxsXC� idfe Y4 ti6 ptoq 1 "Cr —Ser, r 6 1 a tniti !1J 003/00:1 t w l 1 r r Piet MY C OMMISSION Ot g nrr n VSA Adjacent Owners/ Parcel Numbers Route 50 Assisted Living Facility Parcel ID #(s): 535 -3 -5, 535 -3 -24 Zoned: RA Owner: The Marathon Bank PO Box 159 Dunbar, WV 25064 Parcel ID 535 -2 -24 Zoned: RA Owner: Judy N. Puffinberger PO Sox 113 Winchester, VA 22604 Parcel ID 535 -1 -1 Zoned: RA Owner: Barbara A. Hahn 21 1 7 Northwestern Pike Winchester, VA 22603 Parcel ID 538 -2 -29 Zoned: RA Owner: Timothy S. Butcher 13 Stonewall Drive Winchester, VA 22602 Parcel ID #(s): 535 -3 -26, 538 -3 -27, 535 -3 -28 Zoned: RA Owner: Guy W. Armitha Wolford 108 Ward Avenue Winchester, VA 22602 Parcel ID 538 -3 -29, 538 -3 -30, 53B -3 -3 I 53B -3 -32 Zoned: RA Owner: Calvin Lee Ritter 1 52 Linden Drive Winchester, VA 22601 Parcel ID 535 -3 -35, 535 -3 -33. 535 -3 -34 Zoned: RA Owner: Joseph I. Scruggs PO Sox 243 Winchester, VA 22604 Parcel ID 538 -3 -36, 535 -3 -37, 535 -3 -38 Zoned: RA Owner: Nanbodan Properties LLC 2054 Northwestern Pike Winchester, VA 22603 Parcel ID 53 -A -86 Zoned: RA Owner: Trudy Poe O'Donnell 200 Ward Avenue Winchester, VA 22602 On -Site Easement The Potomac Edison Company DB 783, PG 941 Allegheny Power Service Corp. West 'Winchester Substation Address: 882 Baker Lane Winchester, VA 22603 Location: Echo Lane off of Route 50w Parcel ID 53 -A -8 I A Zoned: RA Owner: Patricia M. Smith 11 Stonewall Drive Winchester, VA 22602 r J :J 52 A 300 305.43 Q 52 A 47 156.97 ta ling '''''-----,41Fir '':14416' ----t3:-IiP.1."'44t C6 dr 4 :4 1 43 140 041 135.07 :4:4 te e:' q f 59 A 756 52 A 124 115.66 52 A 201 52 A 305 433.01 41 A 158 126.5 I 41 A 170 1 274.16 41 A 169 184.21 53 A 88 239,02 9 53 A 1 00.99 42 A 160 105.26 53 A. 09 120,9 53 A 92A 145,64 4 0 4 4 Sound H Commun Land Use f 0 750 1,5' Proposed Collect 1 i SWSA Expansion Proposed "traffic Streets railroads Lakes Streams a; Urban Developr SWSA v Parcels Community Cei Business Park Frederick Cou Planning De 107NKt Winchester, www.CO.FREDE June 1 Updated as of DRAFT REQUE FREDERICK COUNTY, VIRGINIA COMPREHENSIVE PLAN: LONG RANGE LAND USE rederick County Dept. of GIS parcel Mapping Service For questions please contact the Fre GIS at 540 665 -5614 erick County Dept. of Roads Buildings Parcels ,1 County B Towns Long Ran Business DRAFT CommunfYC Htstonc industrial Iasi tu1*nal MOM -Um PU Remotion Rasidontiai z m m m 7 0 0 z N 0 c -1 rn cn 0 tn cn rn 0 z 0 D 0 0 C (n 0 m N 2 0 mm�r Z Q W D CO r a) D 0 m -0 x v 0 m 0 y D Wm tim0 O Z U) —A0 Z 0 D 0 rJ v1 W C) COO F riX gc g 0 Z 2 mo 2 0 m c N X 0 o N 2 N Q rrl 2--- XZ`':u Z O W��I 7 D om_ ZnDC7 o C.. 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