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HomeMy WebLinkAbout10-08 ApplicationFebruary 2, 2009 Dear Patrick: Mr. Patrick Sowers Patton Harris Rust Associates 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING #10 -08 AND MASTER DEVELOPMENT PLAN #08-08 FOR GOVERNORS HILL M& Department of Planning and Development 540/665-5651 FAX: 540/665 -6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 28, 2009. The above referenced application was approved to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District to revise the proffers associated with Rezoning #11 -05. The proffer originally dated March 24, 2008, and last revised on January 9, 2009, that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Furthermore, Frederick County administrativelyapproved the above referenced master development plan on January 30, 2009. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that a site plan is required prior to the development of these parcels. 1 am providing you with four copies of the approved final master development plan. Please ensure that these plans are distributed accordingly. The subject properties are located approximatelyone mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision, in the Shawnee Magisterial District, and are identified with Property Identification Numbers 64 -A -83, 64- A -83A, 64 -A -84, 64- A- 85,64 -A -86 and 64 -A -87. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, 1, Candice E. Perkins, AICP Senior Planner CEP bad Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Minuet, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Carpers Valley Development, LLC, 480 Jubal Early Dr., Ste. 330, Winchester, VA 22601 Governors Hill, LLC, 480 Jubal Early Di Ste. 330, Winchester,VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REZONING APPLICATION #10 -08 MASTER DEVELOPMENT PLAN #08 -08 GOVERNORS HILL Staff Report for the Board of Supervisors Prepared: January 20, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner John A. Bishop, AICP, Deputy Director Transportation 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. 11 may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/09 Recommended Approval Board of Supervisors: 01/28/09 Pending PROPOSAL: To rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District, to revise the proffers associated with Rezoning #11 -05. LOCATION: The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64 -A -83, 64- A -83A, 64 -A -84, 64 -A -85, 64 -A -86 and 64 -A -87 PROPERTY ZONING USE: Zoned: R4 (Residential Planned Community) District Use: Undeveloped RA (Rural Areas) Use: Residential/Undeveloped ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) Use: Single Family Residential South: RA (Rural Areas) Use: Regional Airport East: Ml (Light Industrial) Use: Industrial and Residential MH1 (Mobile Home Community) West: RA (Rural Areas) Use: Regional Airport and Office B2 (Business General) PROPOSED USES: 278 acres of mixed use (161.1 acres of commercial and 550 residential units) Rezoning #10-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 50, 1538 and 781. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the Governors Hill Development rezoning application dated September 2, 2008 address transportation concerns associated with this request. We have reviewed the proffers, preliminary drawings, as well as the associated traffic impact analysis (TIA) report. There have been two primary questions asked of the Department with respect to this application. First, would a single point of access for the development function, and second, to offer our opinion regarding the proposed removal of the development's connection to Route 655 at Route 50. From our review of the TIA, it is our opinion that a single point of access to the proposed development offers certain failing or under- performing conditions that are not desirable. Furthermore, as also evidenced in the applicant's TIA, the existing proffered connection from the development to Route 655 at Route 50 offers good regional connectivity. Revising the development's road connection proffers as requested by the applicant, would remove a logical and effective future road connection that has been a part of the County's planning activities for many years. We offer the following detailed review comments: Regional Planning The planned proffer modification that will remove a previously- agreed -to connection to Sulphur Spring Road (Route 655) is inconsistent with the County's Eastern Road Plan, updated as recently as August 2007. As depicted, both the connection to Route 655 and Inverlee Way thru the development are planned Major Collectors. The approval of this rezoning request as presented would arguably eliminate the County's ability to see the connection to Route 655 move forward in the foreseeable future. Additionally, it is important to note that a Six Year Improvement Plan project northwest of Route 50 along Route 655 is currently designed to provide typical section (land arrangement) that would be inconsistent with the amended proffer /rezoning currently being considered with this application. It may be warranted for the County to re- evaluate the scope of the project should the connection be removed. As part of the TIA that was prepared for this request, three scenarios have been presented (at different stages of development). The first with one connection which is made at Inverlee via Coverstone Drive. The second a single connection made opposite Route 655; and the third, a combination of connections at Route 655 and Inverlee Way via Coverstone Drive. From a regional planning perspective, VDOT's opinion is that Scenario 3 is the preferred option for the following reasons: Consistency with the 2007 adopted Comprehensive Plan. Connection opposite Route 655 offers enhanced access from the eastem part of the County to the planned future realignment of Route 522 and destination development west of the I -81 area. Connection (as approximated in the TIA) would divert a minimum of 30 of the planned development traffic (and background traffic) away from Route 50 as it approaches a land use setting that is increasingly more residential in nature. Allowing a single point of access for a large scale retail planned development opposite Inverlee could arguably be disruptive to neighboring residential uses. Connection opposite Inverlee offers direct access to planned development north of Route 50. As can be construed in the TIA, a connection opposite Route 655 could very well satisfy an existing significant latent demand for the connection. Rezoning #1 0-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 3 Proffers •I• From an access management perspective, the Route 50 Corridor is identified as a Principal Arterial which requires certain access goals be recognized during the development process. The distance between Inverlee and Route 655 is nearly 1/2 mile, which is reasonably consistent with the recently adopted VDOT Access Management Regulations. It is important to understand that the connection to Inverlee Way via Coverstone Drive was never an "either /or" option as evidenced in the 10/12/2005 rezoning and related approved proffers which state: Picture (Metafile) The future connection to Inverlee Way has been contemplated for some time so as to supplement access to the proposed development at Route 655 and Route 50. What is now being considered is the elimination of the Route 655 connection, at the same time that the applicant is requesting the addition of hundreds of thousands of additional square feet of retail space. While the subject TIA has demonstrated that significant Large scale improvements to Inverlee Way at Coverstone Drive can result in an overall LOS of C, it is critical that the County understand that 6 out of 11 of the movements at this intersections fail /under perform at build -out (LOS D, E and F). We disagree with Section 15.6 of the current proffer as it relates to the monetary contribution for the signalization of Costello and Prince Frederick Drive. At current VDOT costs, the offered amount of $150,000 would cover only 75% of the cost of a signal. We disagree with the terms of Section 15.2: Phase 4 of the proposed proffers which establishes a deadline of June 30, 2018 for the County or VDOT to secure right -of -way for the extension of Coverstone Drive Extended. This terminology was not included in prior agreements, and we feel that a deadline should not be established now. Revised Section 3.1 to read as follows: The applicant shall design and construct a two lane public roadway from Arbor Court to Tazewell /Coverstone Drive. Similar to VDOT comments at the time of the 10/2005 application, we are concerned about proffer Language included in Section 15.12 Which states "The applicant shall make good faith efforts to obtain any off -site ROW needed to complete any proffered off -site transportation improvements. In the event that the Applicant is not able to obtain the ROW and, further, the County and/or State of Virginia do not obtain the necessary ROW, the Applicant shall not be responsible for constructing those improvements where sufficient ROW is not available We would suggest that those specific off -site improvements where ROW may be problematic for the Applicant be identified and reviewed prior to the approval of the current rezoning application. We disagree with Section 15.13 of the proposed proffer which states that the TIA that has been provided for this application be valid for a period of 6 years from the date of final rezoning. Given that no specific tenants have been identified that will utilize a new public road Coverstone) from Prince Frederick to Route 50, the evolving nature of the neighboring parcels, and historic regional growth patterns, we do not support this proffered condition. Rezoning #10 -08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 4 Fire Marshall: Plan approval recommended. TIA Technical Observations Please use separate figures for site generated and pass -by trips in the future. For 2025 Build -out scenarios 1, 2, and 3 with Imp the intersections have an acceptable intersection overall LOS, but many movements operate at LOS F. As an example, please refer to the following sub bullets: The approach to Route 50 from Inverlee Way currently enjoys a LOS of B, and is projected to maintain a LOS C during the 2025 background conditions. That said, the proposed development would create a new signalized intersection at Inverlee and Route 50 resulting in a LOS D for this approach. At the Prince Frederick Drive and Route 50 intersection during year 2025, Saturday peak hour background (no- build), the LOS at the intersection is B, with all individual movements operating at acceptable /good LOS (A,B,C). Also, the roadway between Route 50 and Costello Drive yields 250+ vehicles in the peak hour. By contrast, at build -out, a peak hour volume of 1,850+ along the roadway from Route 50 to Costello Drive. This with no planned improvements to Prince Frederick Drive other than turn lanes at intersections. We disagree with the spacing of the proposed driveway entrances and signalized intersections along Coverstone Drive. The arterial LOS from Tazewell Drive to Route 50 is LOS D for NB, and LOS E for SB during the 2025 build -out, Saturday conditions as an example. When considering the volumes and traffic operations depicted in the TIA, we feel that the following additional improvements are necessary at the intersection of Coverstone and Tazewell: EB Dual lefts SB Dual lefts 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. Public Works: Refer to our previous review comments, 1 and 3, dated to June 27, 2005, related to the Carpers Valley Rezoning. These comments need to be incorporated in the proposed MDP. Indicate the contour intervals shown on the applicable topographic sheets. Existing ponds are shown on sheet 4 of 6 in conjunction with proposed stormwater management ponds. Indicate if the existing ponds will be used in the development of a stormwater management plan for the commercial area. If so, the site design should reflect what measures will be taken to ensure the integrity and long -term stability of the dams associated with these ponds. Off -site easements may be required to accommodate point source discharges. The area in the vicinity of the existing rubble fill is shown as steep slopes rather than uncompacted fill. This discrepancy needs to be resolved in conjunction with addressing the previous rezoning comment related to this fill. Indicate if consideration has been given to construction one or two large stormwater detention facilities in the Rezoning #10-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 5 residential development areas rather than the ten small facilities shown on sheet 4 of 6. This approach would greatly reduce the maintenance responsibilities assigned to the Homeowners' Associations. Inspections Department: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: There should be sufficient sewer and water capacity to serve this project. Service Authority: No comments. Health Department: Health Department has no objection if public water and sewer is to be utilized. Permits for restaurants and motels/hotels are required if applicable. Parks Recreation: The proposed monetary proffer for Parks and Recreation does not appear to be adequate to compensate for the impact the residents of this development will have on the capital needs of the Parks and Recreation Department. Plan appears to offer the equivalent to the required number of recreational units; however, detailed information regarding the proposed recreational units will be needed for review during the subdivision review phase of this project. The pedestrian/bicycle trail appears to meet County standards and should be constructed to the 2007 MPO Bicycle /Pedestrian Plan specifications. The proposed Dog Park would not be considered a recreational unit. The net useable open space to be provided in the commercial areas should be included in the project summary. It appears this project is required to provide 30% open space throughout the entire development. The proffered neighborhood swimming pools should have adequate decking, dressing rooms and support amenities. Completion of the 3,000 square foot Community Center and the 3,500 square foot swimming pools by the issuance of the 281 building permit should be reviewed and approved by the Planning Department as deemed appropriate. 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 property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Winchester Regional Airport: After review by legal counsel, we feel that the proffer referring to an avigation easement be reworded in order to clearly define the Airport Authority's request for an avigation easement and the applicant's concurrence to that request. On behalf of the Winchester Regional Airport Authority, I respectfully request the following change in the Proffer Statement under Section 14.Environment, Subsection 14.3: The Applicant shall convey to the Winchester Regional Airport Authority an avigation easement to provide further protection for Airport operations in the form as attached to this document. The Applicant shall provide noise attenuation treatment for all residential units. I have enclosed a copy of the Deed of Easement for your use. This is the same easement form recorded in the County of Frederick between the applicant and the Airport Authority on prior land transactions. Provided the above language is used to replace Subsection 14.3, the Airport Authority has no further comments or objections to the proposed Rezoning 10 -08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 6 rezoning. Frederick County Public Schools: The cumulative impact of this project and other projects in varying stages of development in eastern Frederick County will necessitate future construction of new schools and support facilities to accommodate increased student enrollment. We estimate that the 422 single- family attached units and 128 multifamily units in the development will house 46 high school students, 45 middle school students and 94 elementary school students. In order to properly serve these 185 students, Frederick County Public Schools will outlay $6,409,000 in capital expenditures and $1,890,000 annually in operating costs. We note the case proffers for public schools of $1,714 per dwelling unit, which totals $942,700. This would defray only 15% of the $6,409,000 in capital costs mentioned above. We will be sending four school buses (two elementary, one middle school and one high school) into a subdivision that has only one access point to the road network. With roughly 75% of the 550 proposed households on Tazewell Road, there are a lot of vehicles concentrated on that one road that can slow travel along it, or even close the road in the event of an accident. We therefore recommend the addition of a signalized access point onto Route 50 to facilitate the movement of traffic, including our buses, to and from the broader road network. Frederick County Public Schools is concerned about all land development applications. Both capital expenditures and annual operating costs are significantly increased by each approved residential development, as is illustrated above. Frederick County Attorney: Please see attached letter dated December 30, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letters dated April 28, 2008 and October29, 2008 from Candice E. Perkins, Senior Planner and letters dated April 28, 2008 and October29, 2008 from John A. Bishop, AICP, Deputy Director Transportation. Planning Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R -1 (Residential Limited). The parcels were re- mapped from R -1 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011 -80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject properties and all other A -1 and A -2 zoned land to the RA District. On October 12, 2005 the Board of Supervisors approved Rezoning #11 -05 which rezoned parcels 64 -A -82, 64 -A -83, 64- A -83A, 64 -A -86, 64 -A -87, 64 -A -87A to the R4 District with proffers. 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 Rezoning #10 -08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 7 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The six properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. A portion of the site is located within the Urban Development Area (UDA), specifically the residential portion of the development (Land Bay 1) is within the UDA. The Route 50 East Corridor Land Use Plan envisions the area comprised by the subject parcels as developing with business /office land use. The existing and proposed R4 zoning is generally consistent with this plan as it relates to this area. (Comprehensive Policy Plan, p. 6 -87, 6 -88, 6 -89) The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. Business and industrial uses should be the primary uses in the airport support area. (Comprehensive Policy Plan, p. 6 -169) Transportation The Eastern Road Plan was adopted by the Board of Supervisors on November 8, 2006 and is a component of the Comprehensive Policy Plan. The planned road network included in Eastern Road Plan identifies a collector road network through this area. This network includes the extension of a major collector road (Coverstone Drive) from Prince Frederick Drive (extended to the relocated Route 522 when constructed) through the property and connecting to Route 50 at two separate intersections. The Eastern Road Plan calls for connections with both Inverlee Way and Sulphur Springs Road. Staff Note: On the version of the Eastern Road Plan prior to this rezoning there were no roads planned on this property due to the Golf Course use at that time. This development's proposals led to an update of the Eastern Road Plan in this area as the Board of Supervisors strived to work with the applicant. 3) Master Development Plan #08 -08) A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The R4 District requires that Master Development Plans be proffered as part of the rezoning application. A revised MDP has been proffered with the new rezoning application. It is noted that the revised layout for the residential area now creates an area of units that are completely separated from the remaining units. These units as depicted would access Coverstone Drive through the commercial area. The residential layout should be re- evaluated to ensure that it Rezoning #l0 -08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 8 is internally connected. 4) Site Suitability /Environment Staff Note: If the rezoning for Governors Hill is approved, this Master Development Plan is consistent with the proffers and would be in a form that is administratively approvable. Flood Plains: Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel #510063-0115B, effective date July 17, 1978. The majority of the site is Located in Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain. As reported by the applicants, 100 -year flood plain, Flood Zone A, exists coincident with Sulfur Spring Run, which traverses the frontage of the site, roughly parallel to Route 50. The applicant indicated that disturbance will be limited to entrance and utility improvements. Any disturbance within the designated flood plain area will be subject to the requirements of the Floodplain District (FP) provisions of the Zoning Ordinance. Soils and Steep Slopes: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks- Blairton soil association, which is the predominant association on land located east of Interstate 81. As reported by the applicant, map sheet #36 of the Soil Survey reveals that the site is comprised of nine distinct soil types. With the exception of a pit area containing fill materials, all of the soil types identified on the site are suitable for development. It is noted that the Weikert- Berks Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. Wetlands: The site includes some areas of wetlands which are mainly confined to the man- made ponds located on the commercial land bay which were created as part of the golf course, as well as areas within the ravines located within the residential land bay. Pursuant to the environmental standards of the Zoning Ordinance, disturbance of wetland areas is not permitted. Exceptions to this prohibition may be granted by the zoning administrator to allow disturbance of small portions of wetland areas to facilitate conservation, recreation, and/or the placement of utilities and roads. 5) Proffer Statement Dated March 24, 2008; Revised September 2, 2008, October 31, 2008, December 8, 2008 and January 9, 2009: 1. Land Use (1.1 -1.6) The project shall be designed to establish interconnected mixed -use residential and commercial /employment Land Bays in general conformance with the Master Development Plan, subject to minor modifications necessary upon final engineering including but not limited to intersection alignments. Rezoning #10 -08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 9 Development shall be in conformance with the "Design and Development Standards (See Modifications below) o Residential Uses shall be prohibited in Land Bay 2. Land Bay 2 shall be restricted to uses permitted in the B2 (Business General) Zoning District. Residential development on the property shall not exceed 550 dwellings. Prior to the Property exceeding 1,285,000 square feet of commercial building floor area, the Applicant shall submit to the County a revised TIA for the Property. The total permitted commercial building floor area may increase provided that the applicant completes a revised traffic impact analysis which identifies the impacts of trips for commercial development in excess of 45,815 Average Daily Trips and mitigation for said impacts is provided by the applicant in a form that is acceptable to the County and VDOT. Modifications Request included within the Design and Development Standards proffered with proffer 1.2 (see booklet included in the agenda package). Per Section 165 -72.0, of the County Code, an applicant may request modifications to provisions of the Code. Such modifications may be sought to enable implementation of a design and/or land use concept beneficial to the community that would not otherwise be permitted by the existing ordinance. The applicant has requested two modifications to certain provisions of the Frederick County Code. With the original rezoning, the applicant requested three modifications, the two currently being requested as well as a modification to separate the rezoning from the MDP. The Board of Supervisors approved the three modifications with the original rezoning. With the revised rezoning application, the applicant has proffered an MDP but is required to seek approval of the other two modifications. Those modifications are outlined as follows: Modification #1 165 -71. Mixture of Housing Types Required The R4 District requirements stipulate that no more than 40% of the residential land area in a planned residential community shall consist of duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses, or garden apartments or any combination of said housing types. The Zoning Ordinance promotes a residential mix dominated by single family detached housing types. The applicant is requesting that this standard be modified to allow housing types identified by the zoning ordinance and the proffer statement (Design and Development Standards). The residentially designated areas of the project would be able to develop without limitation to the percentage or ratio of any given housing type. The development of single family attached (Townhouses) and multi family dwellings would be the predominant housing type in Carpers Valley. Modification #2 165 -72.D. Commercial and Industrial Areas Rezoning #10-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 10 The R4 District requirements stipulate that a minimum of 10% of the gross area of a planned residential community shall be used for business and industrial land uses, and that such uses shall not exceed 50% of the gross and area. Moreover, the Zoning Ordinance requires that each phase of a planned community development shall include a reasonable amount of non- residential land uses. These requirements provide the necessary regulations to facilitate a development with residential and employment which coexist, enabling not only a walkable community, but also offer opportunities to place residential uses and commercial uses within the same structure. The applicant is requesting that these standards be modified to allow a maximum of 60% of the total gross area to be used for business and commercial purposes. This area has been identified as Land Bay 2 on the GDP. 2. Construction ofa Unified Development The Property shall be developed as one single and unified development. 3. Access to Armory Parcel The applicant shall design and construct a two lane public roadway, identified on the MDP as Pendleton Drive, from Arbor Court to the entrance of the Armory Site to coincide with the completion of the Armory. At such time that Tazwell Road is constructed adjacent to Pendleton Drive as depicted on the MDP, the Applicant shall extend Pendleton Drive to connect with Tazwell. 4. Phasing of Residential Development Provides for limitation on the issuance of residential building permits. Year 1 140 permits Year 2 140 permits Year 3 140 permits Year 4 130 permits Improvements including a 3,000 square foot community center, 3,500 square feet of neighborhood swimming pools, and a dog park shall be constructed in conjunction with residential development in Land Bay 1 and shall be dedicated upon completion of the improvements to the homeowners association. The improvements shall be completed prior to the issuance of the 281" residential building permit. Staff Note: This rezoning application does not tie the residential permits to the commercial development; therefore, there is the potential for the residential portion of the development to be built without the commercial, thereby creating impact to the County. Rezoning #1 0-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 11 5. Architecture, Signage and Landscaping All buildings on the property shall be constructed using compatible architectural styles. The applicant shall establish an Architectural Review Board through the HOA to enforce and administer the Design and Development Standards. All signage within the Property shall be in substantial conformity with a comprehensive sign plan that meets the requirements of the Zoning Ordinance, which shall be submitted in conjunction with the first final site or subdivision plan for the Property. 6. Pedestrian Trail System and Recreation Areas The applicant shall design and build a public pedestrian bicycle trail system to VDOT standards that links the residential and commercial areas within the development. Said trails shall be in the locations generally depicted on the MDP. Monetary Proffers (7 -11) 7. Fire and Rescue $422 per dwelling unit Following the final rezoning, the Master HOA shall contribute annually $100 per constructed residential unit, and $100 per 1,000 square feet of constructed commercial use to the fire and rescue company providing the first response to the Property. Said monetary contribution shall cease at such time that the fire and rescue company is no longer a volunteer operation or should the County adopt a fee for service plan. Staff Note: The original proffer contained a clause that stated: Commencing January 1, 2010 the contribution shall increase at the rate calve dollars per residential unit or per 1,000 square feet of commercial development each calendar year. 8. Schools $1,714 per dwelling unit 9. Parks and Open Space $343 per dwelling unit 10. Libraries $79 per dwelling unit 11. Administration Building $79 per dwelling unit Staff Note: The monetary proffers provided in this revised rezoning application are consistent with the proffers approved with Rezoning #11 -05. It should be noted that since Rezoning #10-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 12 the residential portion of this development is not tied to the commercial development, there is the potential for the 550 residential units to be constructed without any commercial development. Therefore the entire impact for each residential unit should generally be addressed and mitigated If the non- residential phase of the project does not materialize and the project is built solely as a 550 residential unit development, the per unit capital facilities fiscal impact is projected to be $16,965 for townhouses and $8,975 per multi family unit 12. Creation of Property Owners Association (12.1 -12.7) Provides for the creation and responsibilities of the Master Property Owners Association and the residential and commercial associations. 13. Water and Sewer Provides for the connection of the development to public water /sewer. 14. Environment (14.1 -14.3) Stormwater management and BMP's shall be provided. The applicant shall provide notice in all sales literature, covenants, conditions and restrictions for any POA of the adjacency of the Winchester Regional Airport. The applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement to provide further protection for Airport operations, and shall dedicate such easement, as the Airport and the applicant shall mutually agree. Said avigation easement shall be dedicated prior to the issuance of the 1st building permit for the Property. The applicant shall provide noise attenuation treatment for all residential units. 15. Transportation (15.1- 15.13) 15.1 Major roadways to be constructed as shown on the MPD. 15.2 Excluding 200,000sf of office uses which may be developed at any time utilizing access to the existing completed portion of Coverstone Drive, the applicant shall design and construct Coverstone Drive as a full section with raised medians on a minimum 90 foot ROW, utilizing the following phasing schedule: Phase 1 Full four lane section with trail from Millwood Pike to the first intersection on Coverstone Drive (Points A -B on the MDP). Phase I shall also consist of all necessary improvements, including signalization when warranted by VDOT to create a four way intersection at Route 50 and Inverlee Way. Phase 2 Construction of a two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP to be completed prior to the issuance of a certificate of occupancy for any use that would cause the property to exceed 400,000sf of commercial building area. Phase-3= Construction ofthe- remaining two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP to be completed prior to the issuance of a certificate of occupancy for any use that would cause the property to exceed Rezoning #10-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 13 800,000sf of commercial building area. Phase 4 Design Coverstone Drive Extended as a four lane section from Prince Frederick To Relocated Route 522 as depicted from Point D to Point E on the MDP for a maximum distance of 800 feet when the alignment of Relocated 522 has been determined by VDOT and the ROW for this segment of Coverstone has been acquired by VDOT or Frederick County. o In the event that this ROW is not secured by June 30, 2018 the applicant shall pay to the County $20,000 for transportation improvements within the vicinity of the Property in lieu of designing said portion of Coverstone Drive. o $1,000 per residential unit shall be paid towards the future construction of Coverstone Extended after June 30, 2018, funds to be utilized toward projects in the vicinity of the property if ROW not secured for the extension. 15.3 The applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to November 1, 2015. Staff Note: The original proffers stated that Coverstone Drive would be completed from Millwood Pike to Prince Frederick Drive by June 1, 2012. The revised proffers have pushed this deadline back to 2015. 15.4 Tazwell Road shall be designed and constructed as a minimum two lane roadway as shown on the MDP to provide access to residential uses in Land Bay 1 and commercial uses in Land Bay 2. 15.5 The applicant shall pay to the County the amount of $75,000 for signalization or other road improvements at the intersection of Millwood Pike and Victory Road 15.6 The applicant shall pay to the County the amount of 5175,000 for signalization of the intersection of Costello Drive and Prince Frederick Drive. 15.7 Access to Millwood Pike shall be limited to Coverstone Drive as shown on the MDP with the exception of the private driveway currently serving parcel 64- A -83B, which shall be- closed.once the internal residential street network has been constructed and provides access to the parcel. Additionally, the existing crossover previously used for the golf course shall be closed. 15.8 All public ROW'S shall be dedicated to Frederick County. 15.9 All public streets /roads shall be designed in accordance with VDOT standards. 15.10 All private streets /roads shall be constructed to VDOT standards and owned by the HOA. 15.11 The design of off -site road improvements shall be in general conformance with the plan entitled "Governors Hill Road Improvements" dated October 30, 2008. Excluding 200,000sf of office uses which may be developed at any time utilizing Rezoning #10-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 14 17. Escalator Clause access to the existing completed Coverstone Drive, off -site improvements shall be constructed in three phases Phase A: Improvements at the intersection of Millwood Pike /Inverlee Way /Coverstone Drive and shall be completed coincident with Phase 1 Coverstone Drive construction per proffer 15.2. Phase B: Improvements at the intersection of Millwood Pike /Prince Frederick Drive and Prince Frederick Drive /Costello Drive. Phase B improvements shall be completed coincident with Phase 2 Coverstone Drive construction per proffer 15.2. Phase C: Improvements at the intersection of Millwood Pike /Sulphur Springs Road. Phase C improvements shall be completed coincident with Phase 3 Coverstone Drive construction per proffer 15.2. 15.12 The applicant shall make good faith efforts to obtain any off -site right of way needed to complete any proffered off -site transportation improvements. In the event that the applicant is not able to obtain the right of way and, further, the County and /or VDOT is not able to obtain the necessary right of way, in lieu of constructing the road improvement, the applicant shall provide a monetary contribution to Frederick County equivalent to the estimated construction cost of those road improvements that could not be implemented. The construction cost estimate shall be subject to review and approval by VDOT. 15.13 Any future transportation analysis which may be required for the Property shall utilize Code 820 "Retail" per the ITE Trip Generation Manuel for any commercial use other than office use. 15.14 In the event any proffered off -site road improvements are constructed by others, the Applicant shall provide a monetary contrition to Frederick County that is equivalent to the estimated construction costs of those proffered road improvements not installed by the Applicant. The construction cost estimate shall be subject to review and approval by VDOT. The monetary contribution shall coincide with the commercial area threshold that triggers the off -site road improvements as indentified in Proffer15.11. 16. Cultural Resources Investigation and Preservation The applicant shall conduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plan for the Property, and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. Rezoning #10-08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 15 In the event any monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of October 12, 2005, said contributions shall be in the amounts as stated in the proffer statement. Any monetary contributions paid after 30 months following October 12, 2005 shall be adjusted in accordance with the Urban Consumer Price Index, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after October 12, 2005 to the most recently available CPI -U to the date contributions are paid, subject to a cap of 5% per year, non compounded. Staff Note: As thirty months have already passed since this rezoning was approved (October 12, 2005), and this new proffer statement if approved would take the place of the October 12, 2005 proffer, it would be appropriate to update the fiscal impact contributions reflective of the Development Impact Model, and continue to apply the escalator clause in the future. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/07/09 MEETING: Staff reviewed the applicant's two R4 District modification requests. Staff also discussed how the project proposal implements the Board of Supervisors' requested change involving the Eastern Road Plan and the extension of Coverstone Drive to Inverlee Way and how the project allows for scaling back VDOT funded improvements and possibly allows the reallocation of revenue sharing funds to other county projects. Staff also reviewed several areas of concern regarding transportation which included: 1) the scaling back of commitment on the design of relocated Route 522 by placing a time deadline that did not exist in the original proffers without a value compensation; 2) the lack of access management on the proffered section of Coverstone Drive; the graphics depict entrance spacing of approximately 800 feet which is insufficient for the long -range purpose of this roadway; 3) the expansion of developable square footage should be tied to roadway function and not just trip counts; 4) the lack of full funding for improvements at the intersection of Costello and Prince Frederick; 5) the absence of a trigger for participation in the Victory intersection; the proffer could be improved by adding flexibility; and 6) coordination at Sulphur Springs Road. One citizen spoke during the public comment portion of the hearing. Ms. Serena (Renny) R. Manuel, the Executive Director of Winchester Regional Airport stated that as part of the 2005 zoning approval by the Board of Supervisors, the applicant had proffered to include mutually agreed upon language to establish an avigation easement over the entire property in order to protect current and future operations and growth of the Winchester Regional Airport. Ms. Manuel said the two parties have still not arrived at a mutual agreement on the language for the avigation easement and she requested the Commission include the Airport's comment letter into the application as a condition for approval. The applicant provided responses on each of the issues raised by the staff. In response to staff's comments about the expansion of developable square footage being tied to roadway function and not simply trip counts, the applicant suggested the issue be handled with a 527 application adjustment where a TIA is done and provided as information to the County and VDOT for planning Rezoning #10 -08 Govemors Hill Master Development Plan #08 -08 January 20, 2009 Page 16 purposes. Regarding the avigation easement, the applicant believed the current language was too convoluted for lenders and future homeowners; however, he believed an agreement on revisions to the language could be reached. Members of the Planning Commission believed the transportation plan was improved over the previous version and they were satisfied with the proffer revisions. They supported the lnverlee /Coverstone connectivity because it provided a much safer alternative to the Sulphur Springs connection. It appeared to members of the Commission that the concessions made by the applicant dealt with most of the issues raised by the staff. However, they wanted to make sure the airport was protected and thought the remaining concerns could be worked out. Commission members unanimously voted to recommend approval of Rezoning Application #10 -08 together with Master Development Plan #08 -08 for mixed use commercial /residential with revised proffers and two waivers, Section 165 -71, Mixture of Housing Types, and Section 165 -72.D, Commercial and Industrial Areas. and also including: the applicant's proffer that an amount equal to the cost of designing the 800 feet of Coverstone Road will be turned over to the County if not used by 2018; the acceptance of the applicant's proffer to concede changes to Proffer 15 -12; the acceptance of the applicant's proffer to do a 527 application adjustment, and the completion of the avigation easement prior to the first building permit. STAFF CONCLUSIONS FOR 01/28/09 BOARD OF SUPERVISORS MEETING: This application is a request to rezone approximately 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District, to revise the proffers associated with Rezoning #11 -05 to facilitate development of a mixed use development consisting of 550 dwelling units and approximately 161 acres of commercial uses. The Eastern Road Plan of the Comprehensive Policy Plan addresses the planned road network for this site and calls for connections with Inverlee Way and Sulphur Springs Road The previous rezoning recognized both of these connections. However, it is important to note that this version of the Eastern Road Plan exists due to Board cooperation with this applicant upon the previous rezoning. At the request of the Board of Supervisors, this application modifies the previously approved road system to one requested by the Board. This action has a number of positive impacts as follows; 1. Addresses the concerns about the road system previously raised by the Board. 2. Creates a situation that will allow for the scaling back of certain improvements to Sulphur Springs road, which will potentially free up funds for use in other areas. 3. Frees up revenue sharing funds at the intersection of Route 50 and Inverlee Drive for potential use elsewhere. A number of smaller transportation issues were raised at the Planning Commission meeting on this item, but the current proffer package appears to address all of those issues leaving no outstanding Rezoning 10 -08 Governors Hill Master Development Plan #08 -08 January 20, 2009 Page 17 transportation concerns. Following the required public hearing, a number of decisions regarding this rezoning application by the Board of Supervisors would be appropriate. Decisions needed by the Board of Supervisors for the Governors Hill Rezoning Application: Modification #1 165 -71. Mixture of Housing Types Required Modification #2 165 -72.D. Commercial and Industrial Areas Rezoning #10 -08 with proffered MDP #08 -08 Waiver of §144 -24C to allow commercial lots to be subdivided on private streets. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. OYEAM -61 k 111114 1,11_11Ap *ft 4,11 0 1,250 64 A 9 WINCHESTER EGIONAL 2,500 5,000 Feet Governors Hill ReZoning Ft Master Development REZ 10 08 a MDP 08 08 PIN: 64 A 83, 64 A 83A, 64 64 A 86, 64 A 87 A 4' 4 Future Rt37 Bypass Q Applicction BI (Business, Neighborhood District) Buildings 0 B2 (Business, General Distrst) 133 (Business, Industrial Transition District) 4141 6011 SWSA is EM (Extractive Manufacturing District) HE (Higher Education District) MI (industrial, Light District) Urban Development Area Zoning Plan A 84, 64 A 65 tr�taa,� o s, s. 5 f`, tli 1 Case Planne M2 (Industrial, General District) Mill (Mobile Home Community Disti MS (Medical Support District) AD R4 (Residential Planned Community 1 R5 (Residential Recreational Commm t RA (Rural Area District) RP (Residential Performance District) Map Document (P Locator_ Mps120081CovernorsHill _REZ1008_MDP0808_110708.nud) 11/1812008 9• -0715 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. Applicants: REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Name: Carpers Valley Development, LLC Telephone: (540) 722 -9566 c/o Miller and Smith Land, Inc. Address: 480 Jubal Early Drive, Suite 330 Location Map Plat Deed of property Verification of taxes paid Winchester, VA 22611 Name: Governors Hill LLC c/o Miller and Smith Land, Inc. Address: 480 Jubal Early Drive, Suite 330 Winchester VA 22611 2. Property Owner (if different than above) 3. Contact person(s) if other than above Name: Patrick R. Sowers Patton Harris Rust Associates Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 4. Checklist: Check the following items that have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement Telephone: (540) 722 -9566 Telephone: (540) 667 -2139 (Rt. 655) and The Ravens Subdivision. 7. Adjoining Property: SEE ATTACHED. 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: Carpers Valley Development, LLC Miller and Smith at Coverstone, LLC 6. A) Current Use of the Property: Undeveloped/Vacant B) Proposed Use of the Property: Mixed Use Employment/Residential 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 East), across from Sulphur Springs Road 2 Acres Current Zoning Zoning Requested 39.7 RA R4 238.3 R4 R4 278.0 Total acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 64 -A -83; 64- A -83A; 64 -A -84; 64-A-85; 64-A-86; 64-A-8T Districts Square Footage of Proposed Uses Magisterial: Shawnee High School: Sherando Fire Service: Millwood Middle School: James Wood Rescue Service: Millwood Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home N/A Townhome 128 Multi- Family 422 Non Residential Lots NA Mobile Home NA Hotel Rooms NA Office 385,000 Service Station NA Retail 900,000 Manufacturing NA Restaurant NA Flex Warehouse N/A Other N/A 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Date !e /a 4 /o& 4 Name Property Identification Number (PIN) Address Name: Property Winchester Regional Airport 64 -A -79 491 Airport Rd Winchester, VA 22602 Name: Property Winchester Regional Airport 64 -A -88 491 Airport Rd Winchester, VA 22602 Name: Property Glaize Bro, LC 64 -A -80J P.O. Box 2598 Winchester, VA 22604 Name: Property Blue Ridge Industries 64 -A -80Q P.O. Box 1847 Winchester, VA 22604 Name: Property Main of Winchester, LLC 64 -A -80K 1936 Millwood Pike Winchester, VA 22602 Name: Property R G Warehouse, LLC 64 -A -80L 119 Arbor Ct Winchester, VA 22602 Name: Property Winchester Industrial Park, LLC 64 -A -81A 1936 Millwood Pike Winchester, VA 22602 Name: Property Winchester Industrial Park, LLC 64 -A -81 1936 Millwood Pike Winchester, VA 22602 Name: Property Raymond Tanya Long 64 -A -134 718 Chelsea Dr Winchester, VA 22601 Name: Property Raymond Tanya Long 64 -A -133 718 Chelsea Dr Winchester, VA 22601 Name: Property Terry W. Lois J. Ruffner 64 -A -132 112 Sulphur Spring Rd Winchester, VA 22602 Name: Property Perry Engineering Co., Inc. 64 -A -124 1945 Millwood Pike Winchester, VA 22602 Name: Property Perry Engineering Co., Inc. 64- A -123A 1945 Millwood Pike Winchester, VA 22602 Name: Property Perry Engineering Co., Inc. 64 -A -123 1945 Millwood Pike Winchester, VA 22602 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2 floor of the Frederick County Administrative Building, 107 North Kent Street. 5 Name: Property Potomac Edison Company 64- A -124A 10435 Downsville Pike Hagerstown, MD 21740 Name: Property Trustees of the James Peyton Darlington Trust 64 -A -122 1543 Millwood Pike Winchester, VA 22602 Name: Property Lloyd Fisher c/o Mary E. Washington 64 -A -116 813 N 18th St Harrisburg, PA 17103 Name: Property Raven Wing Homeowners Association 64G- 2 -1 -52A P.O. Box 888 Winchester, VA 22604 Name: Property David W. Loy 64A- 7 -1 -15 1441 Millwood Pike Winchester, VA 22602 Name: Property Robert A. Frazier 64A- 7 -1 -14 1427 Millwood Pike Winchester, VA 22602 Name: Property Robert A. Frazier 64A- 7 -1 -13 1427 Millwood Pike Winchester, VA 22602 Name: Property George G. Kelsa R. Lambert 64A- 7 -1 -12A 1411 Millwood Pike Winchester, VA 22602 Name: Property George G. Kelsa R. Lambert 64A-7-1-11A 1411 Millwood Pike Winchester, VA 22602 Name: Property George G. Kelsa R. Lambert 64A- 7 -1 -10A 1411 Millwood Pike Winchester, VA 22602 Name: Property Raven Wing Homeowners Association 64G- 2 -1 -63A P.O. Box 888 Winchester, VA 22604 Name: Property Judy Belle Cook c/o Judy B. Rodgers 64A -7 -1 -8 178 Grand View Ln Clearbrook, VA 22624 Name: Property Judy Belle Cook c/o Judy B. Rodgers 64A -7 -1 -7 178 Grand View Ln Clearbrook, VA 22624 Name: Property Judy Belle Cook c/o Judy B. Rodgers 64A -7 -1 -6 178 Grand View Ln Clearbrook, VA 22624 Name: Property Judy Belle Cook c/o Judy B. Rodgers 64A -7 -1 -5 178 Grand View Ln Clearbrook, VA 22624 Name: Property Douglas A. Hartley 64A -7 -1 -4 100 Stanley Dr Winchester, VA 22602 Name: Property Douglas A. Hartley 64A -7 -1 -3 100 Stanley Dr Winchester, VA 22602 Name: Property John H. Kaknis Christopher Brooks c/o John G. Kaknis 64A 7 1 2 730 N Hayfield Rd Winchester, VA 22603 Name: Property John H. Kaknis Christopher Brooks c/o John G. Kaknis 64A -7 -1 -1 730 N Hayfield Rd Winchester, VA 22603 Name: Property Helen J. Sempeles Trustee 64A -A -12 107 Roszel Rd Winchester, VA 22601 Name: Property Winchester Outdoor 64A -A -13 355 S Potomac St Hagerstown, MD 21740 6 Name: Property Marlow Investments, LC 64 -A -89A 707 N Commerce Ave Front Royal, VA 22630 Name: Property Fredericktowne Group, LC c/o Richard Dick 64 -10 -2 1400 Millwood Pike Winchester, VA 22602 Name: Property Karen B. Barrett -Perry, et als 64 -10 -3 P.O. Box 807 Stephens City, VA 22655 Name: Property Prince Frederick Group, LC c/o James L. Mcilvaine, Jr. 64 -A -89B 6231 Leesburg Pike, Ste 600 Falls Church, VA 22044 7 Know All Men By Those Present: That I (We) (Name) Careers Valley Development, LLC Tax Map Parcel 64 -A -84, 64 -A -85, 64 -A -86, 64 -A -87 Subdivision: do hereby make, constitute and appoint: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -665 -6395 (Phone) 540.722.9566 (Address) 480 Jubal Early Dr, Suite 330 Winchester, Virginia 22601 the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 070004129, 060003761 and is described as (Name) Patton Harris Rust Associates (Phone) 540.667.2139 ifil ddress) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 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 Permits X Master Development Plan (Preliminary and Final) X Subdivision X Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, 1 (we) have hereto set my ((o J (our hand and seal this day of Signatur(s)� 7 2', Ci State of Virginia, City /County of U)1 n/r S't't /L ,To -wit: a, t I j4 1\ Mm 1 2 a Notary Public in and for the jurisdiction afnresaid, certirythat the person(s) who signed to the foregoing instrument personally appeared before me add,iias acknowledged the same before me in the jurisdiction aforesaid this 3R d day of RpR I 200 8_. CC.tl' /4 nary Public Fig- T)11 s.) Co My Commission Expires: FE/7RoA2y/ oZ old 12. Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540-665 -6395 Know All Men By Those Present: That I (We) (Name) Governors Hill LLC (Phone) 540.722.9566 (Address) 480 Jubal Early Dr, Suite 330 Winchester Virginia 22601 the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 060007880 050027203 and is described as Tax Map Parcel 64 -A -83, 64 -A -83A Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust Associates ddress) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 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 Signature(s lira Public ley. f5eqri X Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) X Subdivision X Site Plan (Phone) 540.667.2139 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 2 Jor modified.J 2 j2 ti 2adit,< A In witness thereof, I (we) have hereto set my (our) hand and seal this 3 day o ,To -wit: i o ho b ��,a�/ -R /9_, State of Virginia, .city/County of W i N FGtra_ 1, V e. C I 1 w.: i u a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the sane before me in the jurisdiction aforesaid this ,3 R d day ofj p/Z i 200S My Commission Expires: Fe bzu rO_ nn s 2 at T O m N C) z w 0 9) N A w N O C 0 v3 g pzi Po r trl tri 5 o z l" RP b b �z d 0 d /7J n cn C D m m --1 rn m 73 m 0 m F5 o� r I T O T V z m D Z Go 0 CD A m Y Y Y W A W 2 1 30 31 N M V A N N 23 24 25 N N it 16 14 15 f2 L 11 cO W .1 W. P W N 64AAl2 64A 71 1 84A 88 64 10 3 64A 898 84 A 87A 64A 89 64A 82 64A79 00 mm gg A A 64 A 80L 64 A 80K 64A81 64A81A 64 A 132 64 A 133 64A 134 64 A 124A 64 A 123 64Al22 84A85 84A 116 64A 71 15 64G 2152A 1 64A 71 13 64A 71 14 I64A 71 11A 64A 71 12 1 64G2163A 1 64A 71 1 1 64A 7 1 7 :1 64A718_ 1 1 64A 71 5 64A716 I I 64A 712 64A713 64A 714 HELEN J. SEMPELES JOHN H. KALENIS 8 CHRISTOPHER BROOKS WINCHESTER REGIONAL AIRPORT KAREN BARRETT- PERRY ET ALS PRINCE FREDERICKTOWNE GROUP LC GO JAMES L MCILVAINE JR. COUNTY OF FREDERICK FREDERICKTOWNE GROUP LC GO RICHARD DIELE COUNTY OF FREDERICK WINCHESTER REGIONAL AIRPORT BLUE RIDGE INDUSTRIES CAMPFIELD, LLC. RGR,LLC MAIN OF WINCHESTER, LLC WINCHESTER INDUSTRIAL PARK, LLC WINCHESTER INDUSTRIAL PARK, LLC RUFFNER, TERRY W 8 LOIS J LONG, RAYMOND TANYA C LONG, RAYMOND TANYA C POTOMAC EDISON COMPANY PERRY ENGINEERING CO INC ,FISHER, LLOYD EST. C/O MARY E. WASHINGTON (RICHARD DICK (FISHER, LLOYD EST. C/0 MARY E. 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VIRGINIA TITLE OVERALL PLAN Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. Chantilly, VA 20151 -1679 P H T 7D3.449.6700 F 703.449.671 PROFESSION P a� 4 SR.n A. Mi AWN CSK DATE AUGUST 29, 2008 I ECKED RAM SCALE 1' =200 CERTIFICATE RTIFICATE rROF C12067. R OF5IEE rssu ENCINE1 .E ND. 5413 -1 -B CAT. 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Harris Rust Associates Surveyors. Planners. Landscape Architects. 14532 Lee Road Chantilly, VA 20151 -1679 T 703.449.6700 F 703.449.6714 PROFESSIONAL N e oflom A lE M CERTIFICATE NO. 020614 REGISTERED PROFESSIONAL ENGINEER CSK DATE AUGUST 29, 2 008 :ED RAM SCALE 1 =10O 20. 5 -1-5 CAT. NO. C400SIT SHEET 2 OF 2 7 CI m C) 190 CJ) C!') m CCI 70a' TAPFR 350' OSIAL LT TIIRN AMPS 102 LT TURN LANE REZONING APPLICATION #10 -08 MASTER DEVELOPMENT PLAN #08 -08 GOVERNORS HILL Staff Report for the Planning Commission Prepared: December 19, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner John A. Bishop, AICP, Deputy Director Transportation This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/09 Pending Board of Supervisors: 01/28/09 Pending PROPOSAL: To rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District; with proffers, and 238.3 acres frofn the R4 District to the R4 District, to revise the proffers associated with Rezoning #11 -05. LOCATION: The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64 -A -83, 64- A -83A, 64 -A -84, 64 -A -85, 64 -A -86 and 64 -A -87 PROPERTY ZONING USE: Zoned: R4 (Residential Planned Community) District Use: Undeveloped RA (Rural Areas) Use: Residential /Undeveloped ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) Use: Single Family Residential South: RA (Rural Areas) Use: Regional Airport East: M1 (Light Industrial) Use: Industrial and Residential MI-11 (Mobile Home Community) West: RA (Rural Areas) Use: Regional Airport and Office B2 (Business General) PROPOSED USES: 278 acres of mixed use (161.1 acres of commercial and 550 residential units) Rezoning #10 -08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 50, 1538 and 781. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the Governors Hill Development rezoning application dated September 2, 2008 address transportation concerns associated with this request. We have reviewed the proffers, preliminary drawings, as well as the associated traffic impact analysis (TIA) report. There have been two primary questions asked of the Department with respect to this application. First, would a single point of access for the development function, and second, to offer our opinion regarding the proposed removal of the development's connection to Route 655 at Route 50. From our review of the TIA, it is our opinion that a single point of access to the proposed development offers certain failing or under performing conditions that are not desirable. Furthermore, as also evidenced in the applicant's TIA, the existing proffered connection from the development to Route 655 at Route 50 offers good regional connectivity. Revising the development's road connection proffers as requested by the applicant, would remove a logical and effective future road connection that has been a part of the County's planning activities for many years. We offer the following detailed review comments: Regional Planning The planned proffer modification that will remove a previously- agreed -to connection to Sulphur Spring Road (Route 655) is inconsistent with the County's Eastern Road Plan, updated as recently as August 2007. As depicted, both the connection to Route 655 and Inverlee Way thru the development are planned Major Collectors. The approval of this rezoning request as presented would arguably eliminate the County's ability to see the connection to Route 655 move forward in the foreseeable future. Additionally, it is important to note that a Six Year Improvement Plan project northwest of Route 50 along Route 655 is currently designed to provide typical section (land arrangement) that would be inconsistent with the amended proffer /rezoning currently being considered with this application. It may be warranted for the County to re- evaluate the scope of the project should the connection be removed. As part of the TIA that was prepared for this request, three scenarios have been presented (at different stages of development). The first with one connection which is made at Inverlee via Coverstone Drive. The second a single connection made opposite Route 655; and the third, a combination of connections at Route 655 and Inverlee Way via Coverstone Drive. From a regional planning perspective, VDOT's opinion is that Scenario 3 is the preferred option for the following reasons: Consistency with the 2007 adopted Comprehensive Plan. Connection opposite Route 655 offers enhanced access from the eastern part of the County to the planned future realignment of Route 522 and destination development west of the I -81 area. Connection (as approximated in the TIA) would divert a minimum of 30 of the planned development traffic (and background traffic) away from Route 50 as it approaches a land use setting that is increasingly more residential in nature. Allowing a single point of access for a large scale retail planned development opposite Inverlee could arguably be disruptive to neighboring residential uses. •A Connection opposite Inverlee offers direct access to planned development north of Route 50. As can be construed in the TIA, a connection opposite Route 655 could very well satisfy an existing significant latent demand for the connection. Rezoning 10 -08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 3 Proffers •I• From an access management perspective, the Route 50 Corridor is identified as a Principal Arterial which requires certain access goals be recognized during the development process. The distance between Inverlee and Route 655 is nearly Y� mile, which is reasonably consistent with the recently adopted VDOT Access Management Regulations. C. It is important to understand that the connection to Inverlee Way via Coverstone Drive was never an "either /or" option as evidenced in the 10/12/2005 rezoning and related approved proffers which state: Picture (Metafile) The future connection to Inverlee Way has been contemplated for some time so as to supplement access to the proposed development at Route 655 and Route 50. What is now being considered is the elimination of the Route 655 connection, at the same time that the applicant is requesting the addition of hundreds of thousands of additional square feet of retail space. While the subject TIA has demonstrated that significant large scale improvements to Inverlee Way at Coverstone Drive can result in an overall LOS of C, it is critical that the County understand that 6 out of 11 of the movements at this intersections fail /under perform at build -out (LOS D, E and F). We disagree with Section 15.6 of the current proffer as it relates to the monetary contribution for the signalization of Costello and Prince Frederick Drive. At current VDOT costs, the offered amount of $150,000 would cover only 75% of the cost of a signal. C. We disagree with the terms of Section 15.2: Phase 4 of the proposed proffers which establishes a deadline of June 30, 2018 for the County or VDOT to secure right -of -way for the extension of Coverstone Drive Extended. This terminology was not included in prior agreements, and we feel that a deadline should not be established now. Revised Section 3.1 to read as follows: The applicant shall design and construct a two lane public roadway from Arbor Court to Tazewell /Coverstone Drive. C. Similar to VDOT comments at the time of the 10/2005 application, we are concerned about proffer language included in Section 15.12 Which states "The applicant shall make good faith efforts to obtain any off -site ROW needed to complete any proffered off -site transportation improvements. In the event that the Applicant is not able to obtain the ROW and, further, the County and /or State of Virginia do not obtain the necessary ROW, the Applicant shall not be responsible for constructing those improvements where sufficient ROW is not available We would suggest that those specific off -site improvements where ROW may be problematic for the Applicant be identified and reviewed prior to the approval of the current rezoning application. C. We disagree with Section 15.13 of the proposed proffer which states that the TIA that has been provided for this application be valid for a period of 6 years from the date of final rezoning. Given that no specific tenants have been identified that will utilize a new public road (Coverstone) from Prince Frederick to Route 50, the evolving nature of the neighboring parcels, and historic regional growth patterns, we do not support this proffered condition. Rezoning #10 -08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 4 TIA TechnicaI Observations C. Please use separate figures for site generated and pass -by trips in the future. For 2025 Build -out scenarios 1, 2, and 3 with Imp the intersections have an acceptable intersection overall LOS, but many movements operate at LOS F. As an example, please refer to the following sub bullets: The approach to Route 50 from Inverlee Way currently enjoys a LOS of B, and is projected to maintain a LOS C during the 2025 background conditions. That said, the proposed development would create a new signalized intersection at Inverlee and Route 50 resulting in a LOS D for this approach. At the Prince Frederick Drive and Route 50 intersection during year 2025, Saturday peak hour background (no- build), the LOS at the intersection is B, with all individual movements operating at acceptable /good LOS (A,B,C). Also, the roadway between Route 50 and Costello Drive yields 250+ vehicles in the peak hour. By contrast, at build -out, a peak hour volume of 1,850+ along the roadway from Route 50 to Costello Drive. This with no planned improvements to Prince Frederick Drive other than turn lanes at intersections. We disagree with the spacing of the proposed driveway entrances and signalized intersections along Coverstone Drive. The arterial LOS from Tazewell Drive to Route 50 is LOS D for NB, and LOS E for SB during the 2025 build -out, Saturday conditions as an example. When considering the volumes and traffic operations depicted in the TIA, we feel that the following additional improvements are necessary at the intersection of Coverstone and Tazewell: EB Dual lefts SB Dual lefts 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. Fire Marshall: Plan approval recommended. Public Works: Refer to our previous review comments, 1 and 3, dated to June 27, 2005, related to the Carpers Valley Rezoning. These comments need to be incorporated in the proposed MDP. Indicate the contour intervals shown on the applicable topographic sheets. Existing ponds are shown on sheet 4 of 6 in conjunction with proposed stormwater management ponds. Indicate if the existing ponds will be used in the development of a stormwater management plan for the commercial area. If so, the site design should reflect what measures will be taken to ensure the integrity and long -term stability of the dams associated with these ponds. Off -site easements may be required to accommodate point source discharges. The area in the vicinity of the existing rubble fill is shown as steep slopes rather than uncompacted fill. This discrepancy needs to be resolved in conjunction with addressing the previous rezoning comment related to this fill. Indicate if consideration has been given to construction one or two large stormwater detention facilities in the Rezoning #10-08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 5 residential development areas rather than the ten small facilities shown on sheet 4 of 6. This approach would greatly reduce the maintenance responsibilities assigned to the I- Iomeowners' Associations. Inspections Department: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: There should be sufficient sewer and water capacity to serve this project. Service Authority: No comments. Health Department: Health Department has no objection if public water and sewer is to be utilized. Permits for restaurants and motels /hotels are required if applicable. Parks Recreation: The proposed monetary proffer for Parks and Recreation does not appear to be adequate to compensate for the impact the residents of this development will have on the capital needs of the Parks and Recreation Department. Plan appears to offer the equivalent to the required number of recreational units; however, detailed information regarding the proposed recreational units will be needed for review during the subdivision review phase of this project. The pedestrian/bicycle trail appears to meet County standards and should be constructed to the 2007 MPO Bicycle /Pedestrian Plan specifications. The proposed Dog Park would not be considered a recreational unit. The net useable open space to be provided in the commercial areas should be included in the project summary. It appears this project is required to provide 30% open space throughout the entire development. The proffered neighborhood swimming pools should have adequate decking, dressing rooms and support amenities. Completion of the 3,000 square foot Community Center and the 3,500 square foot swimming pools by the issuance of the 281 building permit should be reviewed and approved by the Planning Department as deemed appropriate. 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 property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Winchester Regional Airport: After review by legal counsel, we feel that the proffer referring to an avigation easement be reworded in order to clearly define the Airport Authority's request for an avigation easement and the applicant's concurrence to that request. On behalf of the Winchester Regional Airport Authority, I respectfully request the following change in the Proffer Statement under Section 14.Environment, Subsection 14.3: The Applicant shall convey to the Winchester Regional Airport Authority an avigation easement to provide further protection for Airport operations in the form as attached to this document. The Applicant shall provide noise attenuation treatment for all residential units. I have enclosed a copy of the Deed of Easement for your use. This is the same easement form recorded in the County of Frederick between the applicant and the Airport Authority on prior land transactions. Provided the above language is used to replace Subsection 14.3, the Airport Authority has no further comments or objections to the proposed Rezoning #10-08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 6 rezoning. 1 Frederick County Public Schools: The cumulative impact of this project and other projects in varying stages of development in eastern Frederick County will necessitate future construction of new schools and support facilities to accommodate increased student enrollment. We estimate that the 422 single family attached units and 128 multifamily units in the development will house 46 high school students, 45 middle school students and 94 elementary school students. In order to properly serve these 185 students, Frederick County Public Schools will outlay $6,409,000 in capital expenditures and $1,890,000 annually in operating costs. We note the case proffers for public schools of $1,714 per dwelling unit, which totals $942,700. This would defray only 15% of the $6,409,000 in capital costs mentioned above. We will be sending four school buses (two elementary, one middle school and one high school) into a subdivision that has only one access point to the road network. With roughly 75% of the 550 proposed households on Tazewell Road, there are a lot of vehicles concentrated on that one road that can slow travel along it, or even close the road in the event of an accident. We therefore recommend the addition of a signalized access point onto Route 50 to facilitate the movement of traffic, including our buses, to and from the broader road network. Frederick County Public Schools is concerned about all land development applications. Both capital expenditures and annual operating costs are significantly increased by each approved residential development, as is illustrated above. Frederick County Attorney: Please see attached letter dated April 22, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letters dated April 28, 2008 and October29, 2008 from Candice E. Perkins, Senior Planner and letters dated April 28, 2008 and October29, 2008 from John A. Bishop, ALCP, Deputy Director Transportation. Planning Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R -1 (Residential Limited). The parcels were re- mapped from R -1 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011 -80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject properties and all other A -1 and A -2 zoned land to the RA District. On October 12, 2005 the Board of Supervisors approved Rezoning #11 -05 which rezoned parcels 64 -A -82, 64 -A -83, 64- A -83A, 64 -A -86, 64 -A -87, 64 -A -87A to the R4 District with proffers. 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 Rezoning #10-08 Governors Bill Master Development Plan #08 -08 December 19, 2008 Page 7 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The six properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. A portion of the site is located within the Urban Development Area (UDA), specifically the residential portion of the development (Land Bay 1) is within the UDA. The Route 50 East Corridor Land Use Plan envisions the area comprised by the subject parcels as developing with business /office land use. The existing and proposed R4 zoning is generally consistent with this plan as it relates to this area. (Comprehensive Policy Plan, p. 6 -87, 6 -88, 6 -89) The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. Business and industrial uses should be the primary uses in the airport support area. (Comprehensive Policy Plan, p. 6 -169) Transportation The Eastern Road Plan was adopted by the Board of Supervisors on November 8, 2006 and is a component of the Comprehensive Policy Plan. The planned road network included in Eastern Road Plan identifies a collector road network through this area. This network includes the extension of a major collector road (Coverstone Drive) from Prince Frederick Drive (extended to the relocated Route 522 when constructed) through the property and connecting to Route 50 at two separate intersections. The Eastern Road Plan calls for connections with both Inverlee Way and Sulphur Springs Road. Staff Note: The previous rezoning #I1 -05) recognized both of these connections. However, this new application and associated proffers renders the connection to Sulphur Springs impossible in the future. It is the opinion of staff that with slight modification, the potential for the Sulphur Springs connection could be preserved for the future, thus preserving the compliance of this application with the adopted comprehensive plan. The applicant has noted that the Sulphur Springs intersection would result in a less safe transportation network; however, the accident data does not support this. In addition, the actual construction of 4 lane collector roadways within the development has been reduced by over mile. 3) Master Development Plan #08 -08) A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The R4 District requires that Master Development Plans be proffered as part of the rezoning application. Rezoning #10 -08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 8 A revised MDP has been proffered with the new rezoning application. It is noted that the revised layout for the residential area now creates an area of units that are completely separated from the remaining units. These units as depicted would access Coverstone Drive through the commercial area. The residential layout should be re- evaluated to ensure that it is internally connected. Staff Note: If the rezoning for Governors Hill is approved this Master Development Plan is consistent with the proffers and would be in a form that is administratively approvable. 4) Site Suitability/Environment Flood Plains: Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel #510063-0115B, effective date July 17, 1978. The majority of the site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain. As reported by the applicants, 100 -year flood plain, Flood Zone A, exists coincident with Sulfur Spring Run, which traverses the frontage of the site, roughly parallel to Route 50. The applicant indicated that disturbance will be limited to entrance and utility improvements. Any disturbance within the designated flood plain area will be subject to the requirements of the Floodplain District (FP) provisions of the Zoning Ordinance. Soils and Steep Slopes: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks- Blairton soil association, which is the predominant association on land located east of Interstate 81. As reported by the applicant, map sheet #36 of the Soil Survey reveals that the site is comprised of nine distinct soil types. With the exception of a pit area containing fill materials, all of the soil types identified on the site are suitable for development. It is noted that the Weikert- Berks Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. Wetlands: The site includes some areas of wetlands which are mainly confined to the man- made ponds located on the commercial land bay which were created as part of the golf course, as well as areas within the ravines located within the residential land bay. Pursuant to the environmental standards of the Zoning Ordinance, disturbance of wetland areas is not permitted. Exceptions to this prohibition may be granted by the zoning administrator to allow disturbance of small portions of wetland areas to facilitate conservation, recreation, and /or the placement of utilities and roads. 5) Proffer Statement Dated March 24, 2008; Revised September 2, 2008, October 31, 2008 and December 8, 2008 Rezoning #10-08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 9 1. Land Use (1.1 -1.6) The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays in general conformance with the Master Development Plan, subject to minor modifications necessary upon final engineering including but not limited to intersection alignments. Staff Note: All entrance alignments need to mirror the MDP and modifications would not be permitted without a revised MDP. Proffer 1.1 should be revised to eliminate the statement about intersection alignments. Development shall be in conformance with the "Design and Development Standards (See Modifications below) Residential Uses shall be prohibited in Land Bay 2. Land Bay 2 shall be restricted to uses permitted in the B2 (Business General) Zoning District. Residential development on the property shall not exceed 550 dwellings. Commercial development on the Property shall not exceed a total building floor area of 1,285,000 square feet without completion of additional traffic studies. The total permitted commercial building floor area may increase provided that the applicant completes a revised traffic impact analysis which identifies the impacts of trips for commercial development in excess of 45,815 Average Daily Trips and mitigation for said impacts is provided by the applicant in a form that is acceptable to the County and VDOT. Staff Note: The original proffers did not include this final bullet and staff feels it is inappropriate to include it now. It is important to note that the TIA does not include analysis of the function of the individual entrances along proposed Coverstone Drive. This is important because, as noted in VDOT's comments, the proposed entrances are closely spaced. That, combined with the amount of development and traffic generation proposed to be allowed here, could have significant impact to the function of Coverstone Drive through the development. Since Coverstone Drive is intended to function as a major collector for the County, this is a concern. Should this issue concern become reality, the development should be prepared to address it and not leave the County and VDOT with the responsibility. Modifications Request included within the Design and Development Standards proffered with proffer 1.2 (see booklet included in the agenda package). Per Section 165 -72.0, of the County Code, an applicant may request modifications to provisions of the Code. Such modifications may be sought to enable implementation of a design and /or land use concept beneficial to the community that would not otherwise be permitted by the existing ordinance. The applicant has requested two modifications to certain provisions of the Frederick County Code. With the original rezoning, the applicant requested three modifications, the two currently being requested as well as a modification to separate the rezoning from the MDP. The Board of Supervisors approved the three Rezoning #10 -08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 10 1 modifications with the original rezoning. With the revised rezoning application, the applicant has proffered an MDP but is required to seek approval of the other two modifications. Those modifications are outlined as follows: Modification #1 165 -71. Mixture of Housing Types Required The R4 District requirements stipulate that no more than 40% of the residential land area in a planned residential community shall consist of duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses, or garden apartments or any combination of said housing types. The Zoning Ordinance promotes a residential mix dominated by single family detached housing types. The applicant is requesting that this standard be modified to allow housing types identified by the zoning ordinance and the proffer statement (Design and Development Standards). The residentially designated areas of the project would be able to develop without limitation to the percentage or ratio of any given housing type. The development of single family attached (Townhouses) and multi family dwellings would be the predominant housing type in Carpers Valley. Modification #2 165 -72.D. Commercial and Industrial Areas The R4 District requirements stipulate that a minimum of 10% of the gross area of a planned residential community shall be used for business and industrial land uses, and that such uses shall not exceed 50% of the gross land area. Moreover, the Zoning Ordinance requires that each phase of a planned community development shall include a reasonable amount of non- residential land uses. These requirements provide the necessary regulations to facilitate a development with residential and employment which coexist, enabling not only a walkable community, but also offer opportunities to place residential uses and commercial uses within the same structure. The applicant is requesting that these standards be modified to allow a maximum of 60% of the total gross area to be used for business and commercial purposes. This area has been identified as Land Bay 2 on the GDP. 2. Construction of a Unified Development The Property shall be developed as one single and unified development. 3. Access to Armory Parcel The applicant shall design and construct a two lane public roadway, identified on the MDP as Pendleton Drive, from Arbor Court to the entrance of the Armory Site to coincide with the completion of the Armory. At such time that Tazwell Road is constructed adjacent to Pendleton Drive as depicted on the MDP, the Applicant shall extend Pendleton Drive to connect with Tazwell. Staff Note: The original proffers stated that the Armory site would be provided access to Route 50 via Coverstone Drive. The proffers have been modified to eliminate the main access route to the armory and provide an access point through an industrial park Rezoning #10 -08— Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 11 instead. 4. Phasing of Residential Development Provides for limitation on the issuance of residential building permits. Year 1 140 permits Year 2 140 permits Year 3 140 permits Year 4 130 permits Improvements including a 3,000 square foot community center, 3,500 square feet of neighborhood swimming pools, and a dog park shall be constructed in conjunction with residential development in Land Bay 1 and shall be dedicated upon completion of the improvements to the homeowners association. The improvements shall be completed prior to the issuance of the 281 residential building permit. Staff Note: This rezoning application does not tie the residential permits to the commercial development; therefore there is the potential for the residential portion of the development to be built without the commercial, thereby creating impact to the County. Consideration should be given tying the residential permits to the commercial development or providing a monetary offset. 5. Architecture, Signage and Landscaping All buildings on the property shall be constructed using compatible architectural styles. The applicant shall establish an Architectural Review Board through the HOA to enforce and administer the Design and Development Standards. All signage within the Property shall be in substantial conformity with a comprehensive sign plan that meets the requirements of the Zoning Ordinance, which shall be submitted in conjunction with the first final site or subdivision plan for the Property. 6. Pedestrian Trail System and Recreation Areas The applicant shall design and build a public pedestrian bicycle trail system to VDOT standards that links the residential and commercial areas within the development. Said trails shall be in the locations generally depicted on the MDP. Monetary Proffers (7 -11) 7. Fire and Rescue $422 per dwelling unit Following the final rezoning, the Master HOA shall contribute annually $100 per constructed residential unit, and $100 per 1,000 square feet of constructed commercial use to the fire and rescue company providing the first response to Rezoning #10- 08— Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 12 the Property. Said monetary contribution shall cease at such time that the fire and rescue company is no longer a volunteer operation or should the County adopt a fee for service plan. Staff Note: The original proffer contained a clause that stated: Commencing January 1, 2010 the contribution shall increase at the rate of five dollars per residential unit or per 1,000 square feet of commercial development each calendar year. It is unclear why this increase has been removed from the revised proffer statement. 8. Schools $1,714 per dwelling unit 9. Parks and Open Space $343 per dwelling unit 10. Libraries $79 per dwelling unit 11. Administration Building $79 per dwelling unit Staff Note: The monetary proffers provided in this revised rezoning application are consistent with the proffers approved with Rezoning #11 -05. It should be noted that since the residential portion of this development is not tied to the commercial development, there is the potential for the 550 residential units to be constructed without any commercial development. Therefore the entire impact for each residential unit should generally be addressed and mitigated. If the non residential phase of the project does not materialize and the project is built solely as a 550 residential unit development, the per unit capital facilities fiscal impact is projected to be $16,965 for townhouses and $8,975 per multi family unit. 12. Creation of Homeowners and Property Owners Association (12.1 -12.7) Provides for the creation and responsibilities of the Master Property Owners Association and the residential and commercial associations. 13. Water and Sewer Provides for the connection of the development to public water /sewer. 14. Environment (14.1 -14.3) Stormwater management and BMP's shall be provided. The applicant shall provide notice in all sales literature, covenants, conditions and restrictions for any HOA or POA of the adjacency of the Winchester Regional Airport. The applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement to provide further Rezoning #10-08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 13 protection for Airport operations, and shall dedicate such easement, as the Airport and the applicant shall mutually agree. The applicant shall provide noise attenuation treatment for all residential units. Staff Note: Proffer 14.3 does not provide an assurance that an avigation easement will be agreed to between the Airport Authority and the applicant and does not satisfy the Airport Authority's comment. If the Airport and the applicant do not agree to a "reasonable" avigation easement it is unclear how this proffer will be implemented. 15. Transportation (15.1 15.13) 15.1 Major roadways to be constructed as shown on the MPD. 15.2 Excluding 200,000sf of office uses which may be developed at any time utilizing access to the existing completed portion of Coverstone Drive, the applicant shall design and construct Coverstone Drive as a full section with raised medians on a minimum 90 foot ROW, utilizing the following phasing schedule: e Phase 1 Full four lane section with trail from Millwood Pike to the first intersection on Coverstone Drive (Points A -B on the MDP). Phase I shall also consist of all necessary improvements, including signalization when warranted by VDOT to create a four way intersection at Route 50 and Inverlee Way. o Phase 2 Construction of a two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP to be completed prior to the issuance of a certificate of occupancy for any use that would cause the property to exceed 400,000sf of commercial building area. o Phase 3 Construction of the remaining two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP to be completed prior to the issuance of a certificate of occupancy for any use that would cause the property to exceed 800,000sf of commercial building area. e Phase 4 Design Coverstone Drive Extended as a four lane section from Prince Frederick To Relocated Route 522 as depicted from Point D to Point E on the MDP for a maximum distance of 800 feet when the alignment of Relocated 522 has been determined by VDOT and the ROW for this segment of Coverstone has been acquired by VDOT or Frederick County. o In the event that this ROW is not secured by June 30, 2018 the applicant shall not be responsible for the design of Coverstone Extended. o $1,000 per residential unit shall be paid towards the future construction of Coverstone Extended after June 30, 2018, funds to be utilized toward projects in the vicinity of the property if ROW not secured for the extension. Staff Note: The phase 4 proffer previously did not require purchase of right -of way -by the County and VDOT, did not have a time deadline, and did not limit the length of the design area to 800 feet which would not cover the length of the current adopted alignment from Prince Frederick to Route 522. Staff feels it is inappropriate to detract from the value of the previously approved proffer in this manner. Rezoning #10-08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 14 15.3 The applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to November 1, 2015. Staff Note: The original proffers stated that Coverstone Drive would be completed from Millwood Pike to Prince Frederick Drive by June 1, 2012. The revised proffers have pushed this deadline back to 2015. 15.4 Tazwell Road shall be designed and constructed as a minimum two lane roadway as shown on the MDP to provide access to residential uses in Land Bay 1 and commercial uses in Land Bay 2. 15.5 The applicant shall pay to the County the amount of $75,000 for signalization of the intersection of Millwood Pike and Victory Road. Staff Note: While the language of this proffer has not been modified from the currently approved rezoning, staff feels it would be appropriate to modify the language from `signalization' to `intersection improvements' and to add language that gives the Board some idea of when this proffer would be realized since it does not appear to be addressed in the proffer phasing in proffer 15.11. 15.6 The applicant shall pay to the County the amount of $175,000 for signalization of the intersection of Costello Drive and Prince Frederick Drive. Staff Note: While this proffer has been increased from $150,000 to $175,000, it will not fully fund the signalization of Costello Drive and Prince Frederick Drive as noted in VDOT and County staff comments to the applicant 15.7 Access to Millwood Pike shall be limited to Coverstone Drive as shown on the MDP with the exception of the private driveway currently serving parcel 64- A -83B, which shall be closed once the internal residential street network has been constructed and provides access to the parcel. Additionally, the existing crossover previously used for the golf course shall be closed. 15.8 All public ROW's shall be dedicated to Frederick County. 15.9 All public streets /roads shall be designed in accordance with VDOT standards. 15.10 All private streets /roads shall be constructed to VDOT standards and owned by the HOA. 15.11 The design of off -site road improvements shall be in general conformance with the plan entitled "Governors Hill Road Improvements" dated October 30, 2008. Excluding 200,000sf of office uses which may be developed at any time utilizing access to the existing completed Coverstone Drive, off -site improvements shall be constructed in three phases: Phase A: Improvements at the intersection of Millwood Pike /Inverlee Way /Coverstone Drive and shall be completed coincident with Phase 1 Coverstone Drive construction per proffer 15.2. Phase B: Improvements at the intersection of Millwood Pike /Prince Rezoning 10 -08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 15 Frederick Drive and Prince Frederick Drive /Costello Drive. Phase B improvements shall be completed coincident with Phase 2 Coverstone Drive construction per proffer 15.2. Phase C: Improvements at the intersection of Millwood Pike /Sulphur Springs Road. Phase C improvements shall be completed coincident with Phase 3 Coverstone Drive construction per proffer 15.2. Staff Note: Language should be included in the Phase C proffer that should VDOT commence construction of intersection improvements at the intersection of Millwood Pike /Sulphur Springs Road, that the development would participate to the extent of their proffered improvements. 15.12 The applicant shall make good faith efforts to obtain any off -site right of way needed to complete any proffered off -site transportation improvements. In the event that the applicant is not able to obtain the right of way and, further, the County and /or VDOT is not able to obtain the necessary right of way, in lieu of constructing the road improvement, the applicant shall provide a monetary contribution to Frederick County equivalent to the estimated construction cost of the improvement. Staff Note: It would be appropriate for VDOT to approve or provide the cost estimates noted in 15.12. 15.13 Any future transportation analysis which may be required for the Property shall utilize Code 820 "Retail" per the ITE Trip Generation Manuel for any commercial use other than office use. Staff Note: If the transportation analysis is required by VDOT standards, the County would not have the authority to dictate which code from the ITE Trip Generation Report would be used. 16. Cultural Resources Investigation and Preservation The applicant shall conduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plan for the Property, and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. 17. Escalator Clause In the event any monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of October 12, 2005, said contributions shall be in the amounts as stated in the proffer statement. Any monetary contributions paid after 30 months following October 12, 2005 shall be adjusted in accordance with the Urban Consumer Price Index, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after October 12, Rezoning #10-08 Governors Hill Master Development Plan #08 -08 December 19, 2008 Page 16 2005 to the most recently available CPI -U to the date contributions are paid, subject to a cap of 5% per year, non compounded. Staff Note: As thirty months have already passed since this rezoning was approved (October 12, 2005), and this new proffer statement if approved would take the place of the October 12, 2005 proffer, it would be appropriate to update the fiscal impact contributions reflective of the Development Impact Model, and continue to apply the escalator clause in the future. STAFF CONCLUSIONS FOR 12/03/08 PLANNING COMMISSION MEETING: This application is a request to rezone approximately 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District, to revise the proffers associated with Rezoning #11 -05 to facilitate development of a mixed use development consisting of 550 dwelling units and approximately 161 acres of commercial uses. The Eastern Road Plan of the Comprehensive Policy Plan specifically addresses the planned road network for this site and calls for connections with Inverlee Way and Sulphur Springs Road. The previous rezoning recognized both of these connections. However, this revised application renders the connection to Sulphur Springs impossible in the future. This package could, with minor modification, address the issue of future Sulphur Spring connectivity. The applicant has noted that the Sulphur Springs intersection would result in a less safe transportation network; however, the accident data does not support this. In addition, the actual construction of 4 lane collector roadways within the development has been reduced by over 1/4 mile. There is a scaling back of the timing of the proffered construction and little regard for entrance spacing along the portion of Coverstone Drive. If the entrances are developed as proposed, it would significantly impact the functionality of this planned major collector roadway in spite of what the TIA states for the existing intersections that were studied and which have their own issues as detailed in the VDOT comment. The package also scales back the design obligations for this development compared to what they have currently committed to the relocation of Route 522 between Prince Frederick Drive and existing Route 522. Following the required public hearing, recommendations by the Planning Commission to the Board of Supervisors are necessary on the following: The two requested R4 District modifications, and the rezoning application which includes the proffered MDP. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Frederick County, Virginia FOR REVIEW AND APPROVAL OF GOVERNORS HILL Shawnee Magisterial District March 2008 Prepared by: Patton Harris Rust Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540- 667 -2139 Fax: 540- 665 -0493 REZONING APPLICATION MATERIALS 3 2008 i• I. Application II. Impact Analysis Statement III. Proposed Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket TABLE OF CONTENTS