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HomeMy WebLinkAbout01-09 CommentsRnattixl in 1977 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 February 19, 2009 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Silver Lake LLC Rezoning Review Agency Comment Response Letter Dear Mike: As requested, I have prepared a comment response letter to identify the various matters considered by the Applicant during the review agency comment period for the referenced rezoning. 1 have incorporated information in response to each review agency item within this letter to assist you with this matter. Please note the following: VDOT Comment February 19, 2009 Our team has been working with VDOT throughout calendar year 2008 to determine all issues necessary to mitigate the impacts associated with this project. We have conducted multiple meetings, with the VDOT review team, including field meetings along the Northwestern Pike corridor to determine appropriate geometric design matters and improvements to existing conditions including median crossing improvements. This effort has resulted in a positive comment from VDOT regarding the proposed geometric design and timing for all on -site and off -site improvements to the regional road system. Additionally, this project has received approval of a signalized intersection spacing exception request by the VDOT Staunton District Administrator. FCSA Comment December 8, 2008 Our team has had several meetings with the FCSA Director and staff to discuss various matters to ensure that regional water and sewer demands are met for this project, as well as future development within the Round Hill Community. Detailed analysis of the water and sanitary sewer needs in this region have been accomplished to determine appropriate source, capacities, sizing and routing for the public water and sewer infrastructure. The Applicant has agreed to install water and sewer lines that are oversized for their needs to accommodate the future develop needs of the community and have agreed to an approach that will utilize and expand existing infrastructure for the first development phase and install the oversized infrastructure to accommodate the future phases. FCSA has provided an approved comment for this rezoning request. Project 4928S /EAW Engineers Surveyors Planners Environmental Scientists Telephone 540- 662 -4185 FAX 540- 722 -9528 wmnv.greenwayeng.co m FWSA Comment December 10, 2008 The proposal for public sewer service will direct effluent to the Opequon Wastewater Treatment Facility during the first phase of development and will then be designed to direct the majority of the sewer demand to the Parkins Mill Wastewater Treatment Facility through the regional pump station design at Willow Run. FWSA has provided an approved comment for this rezoning request. Building Inspections Comment December 22, 2008 A paragraph entitled Existing Conditions has been incorporated into the February 19, 2009 Impact Analysis Statement to acknowledge the Building Inspections comments pertaining to the demolition of existing structures on the subject properties by the Applicant. Public Works Comment February 18 2009 Item 1 The Impact Analysis Statement has been revised to expand on site topography, existing on -site structures, and adjoining property use. Item 2 The Impact Analysis Statement has been revised to expand on soil types to identify the existing karst geology and to identify narratives that will be incorporated onto the Master Development Plan to ensure the appropriate design and treatment of these conditions during site development. Item 3 The Impact Analysis Statement provides for the phased approach for public sewer service and regional infrastructure to serve the Round Hill Community. This approach has been confirmed and approved by FCSA. Item 4 The Impact Analysis Statement provides for the phased approach for public water service and regional infrastructure to serve the Round Hill Community. This approach has been confirmed and approved by FCSA. Item 5 The Impact Analysis Statement has been revised to expand upon the approach necessary to ensure water quality measures for the proposed regional storm water management system. Winchester Regional Airport Comment December 8. 2008 The Executive Director of the Winchester Regional Airport has identified that there are no impacts and has provided an approved comment for the rezoning request. Project 49288 /EAW 2 Parks and Recreation Comment January 30 2009 The Applicant proffered to provide a l0 -acre site located along Northwestern Pike around an including the existing pond feature to provide for public recreational opportunities consistent with the Comprehensive Policy Plan. The Frederick County Parks and Recreation Board considered this request during their January 2009 meeting and decided not to accept this proffered site. Parks and Recreation has recommended that a linear passive public recreational facility be established through the limits of the environmental area with trail connectivity to additional trails along the main transportation network and along Northwestern Pike. The proffer statement and GDP identify these features that will be developed for the benefit of the residents of the CCRC and owners /employees of the commercial and office land bays. Fire and Rescue Comment December 10 2008 The Assistant Fire Marshal has provided an approved comment for the rezoning request. Round Hill Volunteer Fire and Rescue Comment December 10, 2008 The Fire Chief has provided a comment that requests the option to obtain proffers should the fire company decide to locate on the subject property or at a different off -site location. The following comment information responds to this approach: Item 1 The owner has proffered to design the proposed traffic signal at the Silver Lake Road intersection with preemption technology should the new fire and rescue facility be located on the subject property. Item 2 The request to maintain the proffered traffic signal at the Poorhouse Road intersection following the relocation of Poorhouse Road can not be committed to by the Applicant as this is a VDOT decision. Item 3 The request to have the proffered site dedicated to the Round Hill Fire and Rescue Company cannot be accomplished by the Applicant, as it is County policy to have proffers directed to Frederick County. The land dedication proffer is consistent with this policy. Item 4 The offer to meet restrictive covenants associated with future development in the commercial portion of the project is appreciated and expected by the Applicant. Item 5 The request to have the monetary proffers available for the development of a new fire and rescue station serving the Round Hill Community regardless of location has been provided for in the Applicant's proffer statement. It is County policy to have Project 49285/EAW monetary proffers directed to Frederick County. The monetary proffer is consistent with this policy. Item 6 The request to have the Applicant provide water and sewer service and road access to Northwestern Pike has been provided in the Applicant's proffer statement. Item 7 The request to have the Applicant prepare the pad site for the new fire and rescue station has not been provided. However, the Applicant's proffer statement provides for an additional $100,000.00 for the new fire and rescue facility serving the Round Hill Community should it be decided to be developed off -site. Therefore, this additional monetary contribution could be utilized for this pad site development if necessary. Historic Resources Advisory Board Comment January 26, 2009 The HRAB recommended that the Applicant proffer a tree save area along the perimeter of the subject properties to protect the viewshed of the Second Winchester core battlefield area and historic sites. The County Zoning Ordinance provides a waiver provision to utilize stands of mature woodlands to accomplish required buffers and screening, which would be the case with this development. The Applicant's proffer commits to requesting this waiver that will accomplish the tree save area during consideration of the Master Development Plan for this project. County Attorney Comment February 13, 2009 Item 1 The Applicant has recorded a Boundary Line Adjustment Plat, which establishes the precise boundary of the proposed MS District zoning designation on tax parcel 52 -A- 50. The remaining four parcels establish the precise boundary of the proposed B2 District zoning designation. The Applicant's rezoning application, impact statement and proffer statement identifies these parcels and their proposed zoning designation. Item 2 The proffer statement has been modified to exclude MS District uses that are not allowed in the CCRC. Item 3 The proffer statement has been modified to eliminate the contradiction with access drive encroachment through the 50 -foot green strip. Item 4 The proffer statement has been revised to define the timing for the installation of the trail system and street trees along Northwestern Pike. Item 5 The proffer statement provides a timing mechanism for the construction of the 10 -foot asphalt pedestrian and bicycle trail. The commitment for construction is consistent with the completion of all proffered road improvements within the first Project 49285 /HAW 4 transportation phase of the project, although the proffer allows for this improvement to occur prior to the completion of the improvements within this transportation phase. Item 6 Comment noted. The VDOT has conducted extension analysis of the TIA as part of the 527 Review Process and has provided a comment stating that they are satisfied the proposed proffers address all concerns with this rezoning request. Item 7 The proffered GDP identifies Spinning Wheel Lane as the only road system providing access to the project site during the first transportation phase; therefore, this road has to be in place to serve any initial development phase should it be commercial or CCRC. Proffer sections D(2)(e) and D(2)(f) provide additional assurance that Spinning Wheel Lane will be constructed as permitted land uses cannot obtain occupancy permits until the road improvement, including improvements on Northwestern Pike. Item 8 This proffer is a safeguard to ensure that off -site right -of -way improvements can be delivered, which will most likely not be necessary to implement. Item 9 This proffer has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 10 Proffer Section D(2)(e) has been revised to incorporate the language suggested in this comment. Item 11 This proffer has been determined to be acceptable by VDOT. The Planning Department has commented that the Comprehensive Policy Plan recommends that the entire section of Spinning Wheel Lane should be developed as a four lane divided median section. The Applicant has agreed to the divided median section along the first segment of this road as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. Item 12 Proffer Section D(2)(i) has been revised to incorporate the language suggested in this comment. The timing of the monetary contribution has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 13 Proffer Section D(3)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. The traffic signalization agreement or installation has to occur by the end of this construction phase; however, this timing is proffered to be accelerated if a land use is proposed, which is dependent upon Silver Lake Road for access to Northwestern Pike. Project 4928S/EAW 5 Item 14 This proffer is a safeguard to ensure that off -site right -of -way improvements can be delivered, which will most likely not be necessary to implement. Item 15 This proffer has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 16 Proffer Section D(3)(d) has been revised to incorporate the language suggested in this comment. The trigger for construction of Silver Lake Road has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 17 This proffer has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 18 Proffer Section D(3)(i) has been revised to incorporate the language suggested in this comment. The timing of the monetary contribution has been determined to be acceptable by both VDOT and the County Transportation Planner. This proffer section has been revised to provide the timing obligation as suggested. Item 19 Proffer Section D(4)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. Item 20 This proffer is a safeguard to ensure that off -site right -of -way improvements can be delivered, which will most likely not be necessary to implement. Item 21 Proffer Section D(4)(c) has been revised to incorporate the language suggested in this comment. Item 22 The turn lane construction reflects language suggested by VDOT, which has been determined to be acceptable to the County Transportation Planner. Proffer D(4)(d) has been revised to incorporate the language suggested in this comment. Item 23 Proffer Section D(5)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. Item 24 This proffer is a safeguard to ensure that off -site right -of -way improvements can be delivered, which will most likely not be necessary to implement. Item 25 Proffer Section D(5)(c) has been revised to incorporate the language suggested in this comment. Item 26 The spelling error in Proffer Section D(6) has been revised. Project 49285 /EAW 6 Item 27 The 3 -4 acre site has been made available for the location of a new fire and rescue station for the Round Hill Community. In the event that this site is ultimately not utilized for that purpose, it will be used for economic development purposes. Item 28 The Applicant has had discussions with decision makers regarding the timing mechanism for the $1,000,000.00 monetary contribution. It was determined that this payment would be of greater benefit to the County as a lump sum payment instead of at the time of building permit issuance for the residential land uses within the CCRC. Therefore, this time period for the lump sum payment was agreed to by the Applicant to provide these funds to the County sooner. Item 29 Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. County Transportation Planner Comment February 18, 2009 Item 1 The GDP has been revised to implement a complete system of asphalt bicycle and pedestrian trails that are 10 -feet in width, which includes a contiguous trail system along the Northwestern Pike frontage. Proffer Section C(6) has been established to identify the construction phases in which this trail system will be implemented. Item 2 Proffer Sections D(2)(a), D(2)(h), D(3)(a), D(3)(d), D(3)(e), D(3)(g), D(3)(h), D(4)(a), D(4)(c), D(4)(d), D(5)(a), D(5)(c), and D(5)(d) have been revised to incorporate the language suggested in this comment. Item 3 Proffer Section D(2)(f) has been revised to include language requiring the raised median section northeast of the roundabout to transition into the final segment of Spinning Wheel Lane. The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the l0 -foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Project 4928S/EAW 7 Item 4 Future site plans will address this matter and will incorporate required design elements into their plans as a condition of approval. Item 5 Proffer Sections D(2)(a), D(2)(h), D(3)(a), D(3)(d), D(3)(e), D(3)(g), D(3)(h), D(4)(a), D(4)(c), D(4)(d), D(5)(a), D(5)(c), and D(5)(d) have been revised to incorporate the language suggested in this comment. Item 6 Proffer Sections D(1), D(2)(d), D(2)(e), D(2)(f), D(2)(g), D(2)(h)D(3)(c), D(3)(d), D(3)(e), D(3)(f), D(3)(g), D(3)(h), D(4)(c), D(4)(d), D(5)(c), D(5)(d), and E(3) have been revised to incorporate the language suggested in this comment. Item 7 Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. County Planner Comments February 18, 2009 General Item 1 The Applicant has recorded a Boundary Line Adjustment Plat, which establishes the precise boundary of the proposed MS District zoning designation on tax parcel 52 -A- 50. The remaining four parcels establish the precise boundary of the proposed B2 District zoning designation. The Applicant's rezoning application, impact statement and proffer statement identifies these parcels and their proposed zoning designation. Item 2 All required application materials have been incorporated into the filing packet. Item 3 The appropriate application fee has been provided. Land Use Item 1 Our team has had several meetings with the FCSA Director and staff to discuss various matters to ensure that regional water and sewer demands are met for this project, as well as future development within the Round Hill Community. Detailed analysis of the water and sanitary sewer needs in this region have been accomplished to determine appropriate source, capacities, sizing and routing for the public water and sewer infrastructure. The Applicant has agreed to install water and sewer lines that are oversized for their needs to accommodate the future develop needs of the community and have agreed to an approach that will utilize and expand existing infrastructure for the first development phase and install the oversized infrastructure to accommodate the future phases. FCSA has provided an approved comment for this rezoning request. Project 4928S/EA W 8 Item 2 The Proffer Statement has incorporated several of the design elements for the commercial properties that adjoin Northwestern Pike. Proffer Sections D(2)(d) and D(3)(c) have provided for pedestrian actualization for the proposed traffic signals; Proffer Section C(5) provides for inter parcel connectors for adjoining commercial sites; and Proffer C(3) includes ornamental shrubs within the green strip enhancement along the property frontage with Northwestern Pike. Proffer Section C(2) prohibits individual full service commercial entrances along Northwestern Pike; however, flexibility remains to allow VDOT and Frederick County to permit right -in or right -out entrances if the design is appropriate. The Applicant does not agree with the recommendation to place parking in the rear of the commercial buildings. This design element does not appeal to commercial and office end users and may place this project in a competitive disadvantage if this was to occur. The Applicant envisions commercial, office, and medical uses in a campus setting such as those like Shenandoah University, Winchester Medical Center, and Creekside Village, as well as potential larger commercial footprints. None of these land use examples design parking behind their frontages. Item 3 The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the 10 -foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Item 4 The GDP has been modified to expand the passive open space area and to provide a 10 -foot wide asphalt pedestrian and bicycle facility that connect to the trail systems planned along Spinning Wheel lane and Northwestern Pike. The existing pond area on the north side of Spinning Wheel Lane is planned to be incorporated into the CCRC design, which is desired to be separate from the passive open space area. Transportation Item 1 The GDP has been revised to implement a complete system of asphalt bicycle and pedestrian trails that are 10 -feet in width, which includes a contiguous trail system along the Northwestern Pike frontage. Proffer Section C(6) has been established to identify the construction phases in which this trail system will be implemented. Item 2 Proffer Section C(5) provides for inter- parcel connectors for adjoining commercial sites. Project 4928S/EAW 9 Item 3 The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the 10 -foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Item 4 A raised median design is proffered at the intersection of Silver Lake Road and Northwestern Pike. The design plans for that improvement will provide for a pedestrian refuge area if permitted by VDOT. Item 5 Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. Item 6 Proffer Section B(4) has been provided to clarify that the CCRC will utilize Spinning Wheel Lane for access and that the CCRC will have a maximum of two commercial entrances along Spinning Wheel Lane. Item 7 The Applicant's transportation proffers implement everything identified in the Comprehensive Policy Plan, as well as all modeled improvements in the traffic impact analysis. The Applicant's proffer statement has been recommended for approval by VDOT due to its significance in addressing regional transportation matters. Traffic Impact Analysis Statements are required to model far into the future and include background projects that for the most part will not contribute to regional transportation improvements. The traffic study for this project demonstrates areas primarily at the Route 37 interchange that are less than a LOS C; however, it should be recognized that this rezoning proposal does more than its fair share of mitigating traffic impacts that are not completely created by this project. Item 8 The Applicants have been in active discussions with the adjoining property owner that controls the ability to provide for Option 1 for the relocation of Poorhouse Road. These discussions have been very positive and the adjoining property owner has advised that the proposed alignment identified on the GDP is acceptable. The Applicants will continue to work with the adjoining property owner to reach an agreement prior to the phase in which this relocation is required; however, Option 2 will be executed if an agreement is not reached. In either event, the Applicant has the ability to relocate Project 4928S/EAW 10 Poorhouse Road prior to the location in which the current geometric alignment is problematic. Proffer Statement Item 1 Proffer Section E(2) provides the $1,000,000.00 monetary contribution for the new fire and rescue facility serving the Round Hill Community to Frederick County. Item 2 The commercial aspect of this project will provide a significant amount of revenue to Frederick County that will more than accommodate impacts to County services. The CCRC impact to fire and rescue services is more than satisfied by the $1,000,000.00 monetary contribution for the new fire and rescue facility, of which the monetary contribution will be provided well in advance of the CCRC impact being developed. The CCRC population is fairly elderly with the average entry age of residents in their late 60s and early 70s. The CCRC is planned to be developed with a wellness center and other on -site amenities that cater to the needs of the residents; therefore, the impact of the CCRC to general County services is not an apple -to -apple comparison with a 55 and older age restricted community. The monetary proffers provided by this project are more than satisfactory to mitigate the fiscal impacts to County services that will be required by this project. Other Item 1 Environmental feature areas have been considered with this development proposal. The passive open space area will protect the majority of the floodplain and wetland area, and the proffer statement commits to requesting a woodlands preservation area to implement buffer requirements during the Master Development Plan process. The CCRC is being designed to preserve woodland areas to reduce site development costs associated with grading activities. The main campus area of the CCRC is designed as a compact development that needs to be fairly level to accommodate the older population; however, the site plan design will attempt to preserve features to the extend possible. Item 2 There is no evidence that the former large brick residence is historic and aerial photography evidence indicates that this structure has been dilapidated since 1950. The remains of this house, as well as the existing rental residences and former radio station facility are planned for removal during the development of this project to accommodate the construction of internal road systems and commercial and office land bays. The Applicants do not desire to spend money to have an architectural historian catalog this former residence, but would be willing to give the County permission to do so if another funding source for this work was available. Item 3 The majority of the active orchards in proximity to this site are owned and operated by Fruit Hill Orchard who operates an existing wastewater pond immediately north of the subject properties. The development of the proposed Continuing Care Project 4928S/EAW 11 Retirement Community (CCRC) will occur near this wastewater facility; therefore, development plans will include the preservation of perimeter mature woodlands and established grading limits to ensure that there is no impact to this facility as a result of the development of this site. I hope that this comprehensive comment response letter for all review agency comments is beneficial in explaining the information that has been incorporated into this project, as well as the reasons for exclusion of some of these matters. It should be apparent that the Applicants have made a significant effort in incorporating the majority of these suggestions into the development information and development program that will provide for a superior project for Frederick County and the Round Hill Community. Please do not hesitate to contact me if you have any questions regarding this information, or if I may provide you with any additional information at this time. Sincerely, Evan Wyatt, AIC Greenway Engineering Cc: Silver Lake, LLC James Vickers, Oakcrest Companies Kristina Hughes, National Lutheran Home Review Agencies Project 4928S/EAW 12 TO: Evan Wyatt, AICP FROM: .Michael T. Ruddy, AICP Deputy Director RE: Rezoning Comments Silver Lake. DATE: February 18, 2009 COUNTY of FREDERICK Department of Planning .and Development 540/665.5651 FAX: 540/665-6395 The following comments are offered regarding the Silver Lake Conditional Rezoning Application. This is a request to rezone 370.acres from RA to B2'(238.96- acres) and MS (131.06 acres). with Proffers. The review is generally based upon the latest proffer statement dated January 27, 2009 and the originally submitted Impact Analysis, including a TIA dated November 25, 2008. Please consider the comments as you continue your work preparing the application for submission to Frederick County. On February 17, 2009, an updated version of the Proffer Statement with a revision date of February 16, 2009 was received that sought to further address the various comments and discussions previously received from the reviewing entities. It is recognized that this latest revision continues to address those comments provided in a positive manner. This review letter does not address those previous comments, only those items that warrant further consideration and incorporation into the rezoning application as currently presented. Prior to formal submission to the County, please, ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General 1. Please provide a Plat of rezoning including a metes and bounds description of the property. The acreage of the B2 and MS areas should be added within the title block of the proffer statement. 2. Please ensure that all the necessary application materials are submitted with application including the current parcel plat and deed information and tax information. 107 North Kent Street, Suite 202 s Winchester, Virginia 22601 -5000 Silver Lake Rezoning Comments February 18, 2009 Page 2 3. The submission fee for this application would total $36,000.00, based upon acreage of 370 acres, plus the appropriate amount for public hearing signs. I would suggest that several public hearing signs are obtained for this application given the size and location of the property. Land Use The 2007 Comprehensive Policy Plan and the Round I -1111 Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed land uses are supported by the Comprehensive Plan. 1. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Please confirm that the proposed infrastructure is sized sufficiently to meet the needs of the Round Hill .Land Use Plan and that the infrastructure will be ultimately accessible to other properties within the area. This may also be achieved within the proffer statement. 2. The Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor (see Design Principles for the Round Hill Route 50 Corridor). These design elements should be recognized as being applicable to the B2 commercial property along Route 50 and several could be further addressed in the proffer statement. These include: Crosswalks at signalized intersections, with signals for pedestrians. Intel connectors. Commercial entrance spacing Commercial entrances are strongly discouraged on Route 50. Placement of buildings close to Route 50 with landscaped parking lots in the rear. e North side of Route 50; 50 foot landscaped strip, within the landscaped strip a ten foot asphalt bike trail, ornamental shrubs and street trees along Route 50. Recently, several rezoning applications have .addressed the above in some form. The WWW and Botanical Square rezoning requests may provide some additional guidance and consistency' in how this corridor has been previously addressed. 1 would be able to provide you with the proffers from these rezoning if you would like. Silver "Lake Rezoning Comments February 18, 2009 Page 3 3. The Round Hill Land Use Plan identifies this area for a large campus style development. The campus style development should provide for boulevard street designs, street tree designs, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. To that end, street trees along the major thoroughfares within the project should be a consideration, the ten foot multiuse trail should be extended along the length of Spinning Wheel Lane, and the U4D typical section should be extended along the length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. It would be preferable to provide the centre two lanes and median with the initial phase of construction of the section of Spinning Wheel Lane that is not initially constructed as a U4D section. Alternately, the two lanes adjacent to the MS zoned land bay could be completed initially, with the additional two lanes adjacent to the B2 land bay, and south of a landscaped median, constructed in later phases. The application should -also provided for the extension of the 10' asphalt trail located within the linear area of open space into the internal system of the area of MS to provide for access by the future residents and employees of the CCRC. 4. The Round Hill Land Use Plan recommends that a new park be included with the development of this area. Such a park should be a passive recreational facility with trails, benches, and outdoor eating areas. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The area shown in the Round Hill Plan is .generally consistent with the area of environmental features that runs through the central portion of the property. It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. The GDP be modified accordingly. The area immediately north east of the intersection of Spinning Wheel Lane and Silver Lake Road extended that contains the existing pond and associated wetlands shouild also be incorporated into this park area or alternately incorporated into preserved areas of open space within the CCRC and future B2. Transportation These transportation comments should be considered in addition to any final comments that will be forthcoming from John Bishop, County Transportation. In many cases they simply reiterate those comments provided by Mr. Bishop. 1. h is recommended that the trail improvements are provided during the initial phase of development rather than on an individual parcel basis. Key sections of the wail network should be completed for the benefit of the initial occupants of the project, the proffered CCRC. Silver Lake Rezoning Comments February 18, 2009 Page 4 2. ]nterparcel connectivity should be provided on each commercial lot within the B2 section as development occurs. Such a commitment should be incorporated into the proffer statement, potentially Section C. 3. The east west collector road (Spinning Wheel Lane) is comprehensively planned as•a U4D. Improvements; should reflect this designation throughout this project. 4. A median or pedestrian refuge should be provided with the Silver Lake Road improvements at a minimum at its 'intersection with Route 50 to assist with the crossing of Silver Lake Road. 5. The TIA projects the build out of this project within 4 phases. However, there is no limitation on development beyond the 4th phase. This potentially may allow a significantly larger amount of development than has been evaluated in the TIA. This continent is also applicable to other components of the rezoning where the potential would exist for a.greater amount of development than has actually been modeled, The Applicant may want to consider an approach that places a limitation on the ultimate development of the site consistent with the limitations of the transportation network and water and sewer infrastructure modeled in the impact analysis. Please note that the TIA identifies and models a lower number of units for the CCRC than would be permitted by the proffered CCRC density limits. 6. Many of the transportation infrastructure improvements identified in the initial phase should be in place to serve the initial development of the site which is anticipated to be the CCRC. Please clarify that the initial access to the CCRC will use Spinning Wheel Lane via the .Spinning Wheel Lane improvements identified in the Phase 1 program. A commitment to a maximum of two entrances onto Spinning Wheel Lane for the development within the MS portion of the property may also be appropriate. 7. It is recognized that a significant amount of transportation infrastructure is being addressed with this application. However, it should be noted that the TIA concludes that several locations would function at a level of service D or better, and level of service Fat the Route 50 intersection with Route 37 northbound. This occurs during the later phases of this project and is with the improvements in place. The Comprehensive Plan seeks to achieve a level of service C or better on impacted roads and intersections. 8. Of the two alternatives for the potential realignment of Poorhouse Road, Option 1 would be the most preferable. Consideration of how such an improvement could be implemented is warranted. Silver Lake Rezoning Comments February 18, 2009 Page 5 Proffer Statement Other 1. This application's significant effort to address the fire and rescue community facility impacts is duly recognized and appreciated. It is the County's policy when accepting monetary contributions to address 'fire and rescue impacts that the language of the proffer should read "monetary contribution to Frederick County for fire and rescue purposes 2. The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on conpnunity facilities through the additional generation of tax revenue. Ultimately, the commercial component of this project will generate tax revenue for the County. As presented, this application does not provide any commitment as to the timing or phasing of the commercial land uses. Therefore, the County has typically sought to address such an approach and the impacts of any residential land uses consistent with the impacts Development Impact Model (DIM). Due to the aged nature of the proffered CCRC residential use, the school component of the DIM should not be.a consideration. However, the impacts to the other components of the .DIM Should be addressed in some manner. The recreational and Leisure requirements that maybe :required by ordinance or may be provided with the development of the CCRC would not typically negate the need to address the impacts identified by the DIM. 1. This property contains a significant amount of Green Infrastructure features including; 30.67 acres of floodplain, identified areas of wetlands, small areas of steep slopes, rock outcroppings, and areas of mature woodlands. Such features could and should be incorporated into project to a greater extent than is presently provided, at a minimum to address the area identified in the Round Hill Land. Use Plan. It is recommended that a commitment is made to preserving areas containing such features, particularly in those locations that are outside of any areas of anticipated land disturbance and in areas that exceed the required distance buffer locations. The proffer stateinent commits to preserving nature woodlands in areas where buffers are required during the MDP approval process. However, in other areas it is preferable to incorporate such features :as simply as possible into design of GDP where appropriate. This would appear to be achievable in the area of proposed MS zoning where Several of the significant rock outcroppings and larger areas of mature woodlands around the properties perimeter are located. 2. The property contains the ruins of a house that would appear to be historic in nature. While this structure is not contained within the Rural Landmarks Survey, it is recommended that the historic house is addressed in some manner by this application and certainly prior to any development OT land disturbance on the site. Silver Lake Rezoning Comments February 18,2009 Page 6 As in other similar situations, a survey may be warranted in an effort to catalog this potentially historic resource. The house is located in the vicinity of the extension of Silver Lake Road and is shown on older aerial photographs of the property. 3. Please recognize that the adjoining property to the north contains the National Fruit lagoon and waste water treatment facility. Appropriate measures should be taken to ensure that this facility would not impact or be impacted by the development of this project. MTR /bad February 18, 2009 RE: Silver Lake Mr. Evan Wyatt, Planning Director Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 Dear Mr. Wyatt: This letter is to give preliminary comment on the transportation proffers dated February 16, 2009 for the Silver Lake rezoning to aid you in completing the rezoning application. 1 would like to thank you for the numerous opportunities we have bad to meet on this proffer package and how responsive you and your client have been as issues have arisen. 1 have the following comments to offer on the proffer package as it relates to transportation: 1. In proffer 3 on page 3, the proffer indicates that the bicycle trail would be put in place with each individual site plan. Due to the long term nature of this development and anticipated subdivision of the parcels, it would be preferable if another method for implementation of this improvement was used. One option may be to tie the implementation of the trails to related phases of the main transportation package. Additionally, it would be preferable if, when planning the trail, the trail was routed around properties not controlled by the applicant in order to put a complete system in place, as opposed to segments with numerous dead ends along Route 50. 2. Proffer 2 -a on page 4 is as follows: a. The Applicant shall be entitled to develop the CCRC.and a maximum of 180,000 square feet of commercial land use within Phase L However, the Applicant can deviate this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 Mr. Evan Wyatt RE: Silver Lake February 18, 2009 Page 2 I would recommend the additions 1 have notated by underlining. This comment also applies to similar language used in all phases. 3. Proffer 2 -f on page 5 calls for a four -lane divided Spinning Wheel Lane from Route 50 to the intersection with Silver Lake Drive and a two -lane section from Silver Lake Drive to the property line. Please note that, at a minimum, a median section will be needed at the beginning of the two -lane segment to allow for transition. I would further note that the Round Hill Land Use Plan calls for this roadway to be a four -lane divided section with landscaped median and bicycle and pedestrianfacilities along its entire length. 4. As this property and its transportation improvements develop, it will be important that proper pedestrian /bicycle crossings are incorporated and that site developments tie their individual pedestrian and bicycle accommodations into the surrounding network. 5. Proffer 2 -h on page 6. 1 offer the same comment regarding trip generation as is noted in comment /I 2 in this letter. Since each transportation proffer phase begins with language that allows.a certain square footage or equivalent trip generation, this language needs to be applied to all subsequent bullets that include the square footage triggers in their language. 6. All points within the proffers that refer to the construction of an improvement refer to the design of the improvement for full clarity. 7. Proffer 5 -a should note that, in addition to doing the TIA studying the additional development, the applicant will implement improvements called TIA. Thank you for the opportunity to comment on these proffers. Please call me at (540) you have any questions, or to discuss this proposed project. Sincerely, JAB /bad John A. Bishop, t A1CP Deputy Director 7`rans ortation should also impacts of for in said 665 -5651 if February 13, 2009 VIA FACSIMILE (540) 722 -9528 AND REGULAR MAIL Mr. Evan \Vy att, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application Silver Lake Revised Proffer Statement dated January 27, 2009 Dear Evan: COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @co.frederick.va.us I have reviewed the above referenced proposed Proffer Statement dated January 27, 2009. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: 1. Proffer Al The GDP, or some other document, is going to need to show the precise boundaries of the requested zoning classifications, either through use of current lot lines or surveyed divisions of current lots, or by some combination of the two. The Application and the Proffer Statement both indicate rather specific acreages requested to be rezoned to the B2 and MS Districts (238.96+ acres and 131.06+ acres, respectively) and these specific numbers need to be translated over to some geographic format that establishes the requisite definiteness to avoid questions later about whether a particular activity is allowed at a particular location. See Va. Code 15.2- 2285(A). 2. Proffer 131 The proffer might clarify by stating that uses in the proposed MS District area other than a CCRC will be excluded. 3. Proffers C2 and C3 Proffer C2 states, "right -in or right -out only access to the B2 District land uses shall be permitted yet C3 states, "Parking lots and access drives shall be prohibited within the 50 -foot green strip [along Northwestern Pike] Seeing as how the proposed rezoning would result in B2 District zoning abutting Northwestern Pike, Proffer C2 might better read, to eliminate any contradiction, by indicating that right -in or right -out shall be permitted except through the 50 -foot green strip along Northwestern Pike. 107 North Kent Street Winchester, Virginia 22601 Mr. Evan Wyatt, AICP February 13, 2009 Page 2 4. Proffer C3 The wording in the last sentence regarding the timing of the installation of street trees and trails "during the development of the first building permit for that parcel" is unclear and should be revised. A reference point such as issuance of the first building or occupancy permit might be more appropriate. 5. Proffer C4 The proffer might read more clearly if it indicated at what stage of the build out of the commercial development permitted under the Phase 1 Transportation Program the Applicant will complete the trail system. 6. Proffer D1 The TIA was not included in the package of materials submitted to me. This is not a requirement, but I may offer comments at a later date regarding any inconsistencies between improvements assumed in the TIA and improvements actually required by the proffers. 7. Proffer D2 Staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than 180,000 square feet of commercial land use to completion of any of the Phase 1 Transportation Program. Also, some parts of Proffer D2 may conflict with the requirement for the completion of the Phase 1 Transportation Program. For example, items e and f are both contingent on issuance of occupancy permits for land utilizing Spinning Wheel Lane for access to Northwestern Pike. It is possible that no such permits will be sought in conjunction with the first 180,000 square feet of commercial land use. 8. Proffer D2b The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D2a. 9. Proffer D2d Staff will need to determine if the provision for the preemption of the signalization agreement is acceptable. 10. Proffer D2e The GDP shows an eastbound left turn lane and a westbound left turn lane on Northwestern Pike at Spinning Wheel Lane, but the proffer refers to a singular left turn lane. This apparent conflict should be resolved. 11. Proffer D2f— Staff will need to determine if the triggers for the dedication and construction are acceptable. 12. Proffer D2i In the second sentence, "this section" might better read as "that section Finally, staff will need to determine if the timing of the monetary contribution is consistent with the general timing of the obligations in the whole of Proffer D2. 13. Proffer D3a The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include "office" might be in order. Also, as with Proffer D2, staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial /office land use to completion of any of the Phase 2 Transportation Program. As well, some parts of Proffer D3 may conflict with the requirement for the completion of the Phase 2 Transportation Program. For example, item c is contingent on issuance of an occupancy permit for land utilizing Silver Lake Mr. Evan Wyatt, AICP February 13, 2009 Page 3 Road for access to Northwestern Pike. It is possible that no such permits will be sought in conjunction with the square footages of commercial /office land use in Phase 2. 14. Proffer D3b The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D3a. 15. Proffer D3c Staff will need to determine if the provision for the preemption of the signalization agreement is acceptable. 16. Proffer D3d Staff should be aware that the Applicant has deleted the requirement for left and right turn lanes on Silver Lake Road at internal collector street intersections. Also, the GDP shows an eastbound left turn lane and a westbound left turn lane on Northwestern Pike at Silver Lake Road, but the proffer refers to a singular left turn lane. This apparent conflict should be resolved. Finally, staff will need to determine if the trigger for the construction of Silver Lake Road is acceptable. 17. Proffer D3e Staff will need to determine if the trigger for the construction of Spinning Wheel Lane is acceptable. 18. Proffer D3i In the fifth line, it appears that "improvements" should be plural and, in the seventh line, it appears that "this section" should be "those sections Also, staff will need to determine if the timing of the monetary contribution is consistent with the general timing of the obligations in the whole of Proffer D2. Finally, the timing of the obligation in the second paragraph should be set out. 19. Proffer D4a The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include "office" might be in order. Also, as with Proffers D2 and D3. staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial /office land use to completion of any of the Phase 3 Transportation Program. 20. Proffer D4b The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D4a. 21. Proffer D4c The proffer refers to a second right turn lane at the intersection of Spinning Wheel Lane and Northwestern Pike, but the GDP does not indicate the right turn lane and the proffer does not indicate whether the right turn lane would be on Spinning Wheel Lane or Northwestern Pike. 22. Proffer D4d Staff should be aware that the Applicant has deleted the requirement for left and right turn lanes on Silver Lake Road at internal collector street intersections. Also, regarding the second option, staff should be aware that the proffer states that the Applicant "shall provide" the indicated road connection, but does not state that the Applicant "shall construct" it. 23. Proffer D5a The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include Mr. Evan Wyatt, AICP February 13, 2009 Page 4 "office" might be in order. Also, as with Proffers D2, D3, and D4, staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial /office land use to completion of any of the Phase 4 Transportation Program. 24. Proffer D5b The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D5a. 25. Proffer D5c The proffer refers to a second Left turn lane at the intersection of Silver Lake Road and Northwestern Pike, but the GDP does not indicate the left turn lane and the proffer does not indicate whether the left turn lane would be on Silver Lake Road or Northwestern Pike. 26. Proffer D6 In the third line, "Land" should be "Lane 27. Proffer El Staff should be aware that the proffer, in the last sentence, contains a reversion provision. 28. Proffer E2 Staff should be aware that, in the event the County desires to begin construction of the fire and rescue station sooner than within five years of the rezoning, the monetary contribution is not payable until the end of the five year period. 29. As a general comment for staff, I would note that, with respect to the proposed B2 District area, which is comprised of 238.96± acres, the applicant does not propose any limits on the overall square footage of development nor does the applicant propose the exclusion of any particular B2 uses. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Since e yours Roderick B. illiams County Attorney cc: Mr. Michael T. Ruddy, AICP, Deputy Director, Frederick County Planning and Development Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Chester T. Lauck 3661 North Frederick Pike Winchester, Virginia 22603 Dear Mr. Wyatt, .i_Ba#0...1 P.O. Box 1368 Winchester, Virginia 540- 667 -6855 Evan Wyatt December 10, 2008 I have reviewed the proffer statement from Silver Lake, LLC for the properties of the Round Hill Commercial Center The Village at Orchard Ridge A National Lutheran Home Community. I would like to go on record by stating that the proffer, while very generous, may or may not meet the needs of the Round Hill Community Fire and Rescue Company as written. The;company may wish.to;pass on offer .ofthe- parcelof'land°offered due to added expense in- relocating our entireroperation from itspresentsite. The company presently owns 7+ acres at their present site, which we feel would be adequate room for building a new fire and rescue facility while allowing us time to complete the building in its entirety. Due to the proposed expense of the new facility, we have considered building in stages, which would allow us the flexibility to utilize the existing facility for fund raising until funds are available for completing the new facility. Our fund raising currently provides us in excess of $100,000 annually and is very important to the operation of the department and one that we can not do without or facility in which to do it in. There is language in the proffer statement that we would like to make comment to which 1 have added in the following: a. Control of the proposed signaling at the intersection of Northwestern Pike and Silver Lake Road by means of the Opticon System along with all associated equipment installation and maintenance cost be bourn by the developer and/or Virginia Department of Transportation (VDOT). b. That as proposed, the traffic control signal being installed at Poor House Rd. and Northwestern Pike not be removed after the relocation of Poor House Rd. to allow us quicker and safer access to Northwestern Pike and points north and west. Proudly Serving the Community since 1953 c. Should the company opt to accept the proposed land for new fire station, it is deeded to the Round Hill Community Fire and Rescue Company, whether done through Frederick County or the Fire Company and its agents and a Memorandum of Understanding (MOU) for it use only as a Fire Station and any ancillary structures. d. If the Round Hill Community Fire and Rescue Company decide to accept the land offer, we shall make all attempts, within reason and cost restraints to meet the covenants for the CCRC or the MS District portion of the development and would work with the developer to make the station design meet the intent of the development. e. All<monetarycontributions,made to the County of:Frederick areearmarked -for the- RoundHill`Cominnnity Fire` andRescueFCompany and-made available when constructiorrof<the new fire-station= stairs ;'regardless =oftlocation. f. The:developershall: provide sewer and= waterto =the,proposed -land• proffer prior to completion of°a°new fire station. All roadways access Northwestern Pike be made completely accessible prior to starting any construction on a new fire and rescue facility. g. The-develope_ assist <or complete all site preparation°tosub•grade requirements for .a- new-4fire andrescuetfacility due to hidden and unforeseeable cost.associated which the company`maynorbe able "to °bear'the burdewof- cost: Evan, I look forward to working with yourself and Silver Lake Properties on this project and hope that we can find a means to make this work for all of the community. Thanks <original signed Chester Lauck Fire Chief Proudly Serving the Community since 1953 Silver Lake Property, LLC V; OT Comments to Rezoning Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser @VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. [Matthew.Smith @vdot.virginia.gov] Sent: Thursday, February 19, 2009 3:33 PM To: Evan Wyatt Cc: Smith, Matthew, P.E. John Bishop; Hoffman, Gregory; mruddy @co.frederick.va.us; Copp, Jerry Subject: Silver Lake Property, LLC VDOT Comments to Rezoning Page 1 of 1 The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the revised transportation proffers offered in the Silver Lake Property, LLC Rezoning Application dated February 19, 2009 address transportation concerns associated with this request. 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. Thank you for allowing us the opportunity to comment. Matthew B. Smith, P.E. Residency Staff Engineer VDOT Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone (540) 984 -5615 Fax (540) 984 -5607 2/19/2009 f dX IPUn Control number Rz08 0020 Project Name Silver Lake, LLC Property Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Plan Approval Recommended Yes Emergency Vehicle Access Comments Access Comments Additional Comments Date received 12/10/2008 Tax ID Number 52 -A -C, etc City Winchester Recommendations Automatic Fire Alarm System No Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Reviewed By .1. Neal Fire District 15 Signature Title Date reviewed 12/11/2008 Applicant Greenway Engineering State Zip VA 22602 Rescue District 15 Fire Lane Required No Special Hazards No Date Revised Election District Gainesboro Residential Sprinkler System No Applicant Phone 540 662 -4185 RECEIVED DEC 1 2 2008 GREENWAY ENGINEERING 4 ms s. ts Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Silver Lake, LLC Property Rezoning Frederick County, Virginia Dear Evan: February 18, 2009 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY .of_FREDERICK Department: of Public Works 540/665 -5643 FAX: 540 /678 -0682 We have completed our review of the proposed Silver Lake rezoning application and offer the following comments: L Refer to the discussion of the Suitability of the Site, Page 3. The discussion should be expanded to include a paragraph describing the site topography and existing structures. The site description should also include a reference to the existing wastewater pond located close to the northern property boundary and its potential impact on the site development. 2. Refer to Soil Types, Page 4. The discussion of the soil types should be expanded to include a detailed discussion of the karst limestone geology which underlies the entire site. The existence of the limestone as rock crops and potential voids will have a significant impact on site development as well as the design of environmental features such as stormwater management facilities. We strongly recommend that a detailed geotechnical study be performed prior to the submittal of the master development plan so that the karst features including rock outcrops, solution channels and sinkholes can be accurately located. The design of BMP facilities should reflect recommendations resulting from this study. 3. Refer to the paragraph titled Sewage Conveyance and Treatment, Page 7. The analysis of the projected sewage flows indicates a maximum flow of 259,014 gallons per day at project build out. However, the discussion indicates that there is only sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis which limits development to 570 units within the CCRC and Silver Lake, LLC Rezoning Page 2 February 18, 2009 180,000 square feet of commercial retail. Explain this potential conflict by indicating how the additional development described in Phases 2, 3 and 4 will be served by the sanitation authority. 4. Refer to Water Supply, Page 8. A similar conflict exists for the water supply as previously described for the sewage system. The discussion indicates sufficient water capacity exists for the Phase 1 development only. However, the estimated maximum demand is calculated for the entire project. No reference is made to the sanitation authority's ability to meet this demand at build out. 5. Refer to Drainage, Page 9. As previously described in Comment #2, the site is completely underlain by a relatively pervious limestone formation. The development of the site will face many challenges in an attempt to balance increased runoffs and a decrease in infiltration. The design of BMP facilities may require the installation of impervious liners to prevent the infiltration of nutrients and /or pollutants directly into the underlying groundwater system. The concentration of runoff may also cause solutioning and the creation of sinkholes within the site. These issues need to be carefully considered in the location and design of stormwater management systems. I can be reached at 722 -8214 if you should have any questions regarding the above comments. HES /rls cc: Planning and Development file T: \rsargent\ Rhonda \TEMPCOMMENIS \SIL V ERLAKELLCREZCOM.doc Sincerely, Harvey E.'St'rawsnyder, Jr., P.E. Director of Public Works Department of Inspection's Comments: f-,-- �3 "':r Public Works Signature Date: r. /a 1 Notice to Department of �pections Please Return, his Form to the Applicant Rezoning Comments -4 c nif Mail to: Frederick County Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5656 Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Frederick County Department of Inspections Hand deliver to: Frederick County Dept. of Inspections Attn: Director of Inspections County Administration Bldg., 4 Floor 107 North Kent Street Winchester, Virginia vppncant rt Department of location map, case fill out the information as accuratel as possible m order to assie a��` z Y3 x x^ a- r sa"5 2 x,. u: �'_*s. sa m'} st k44thti' llnspections with the re vi ew Attach a co py(of your applicatio nent n, fo m proffer statement, impact analysis, an n rape d ay=otherti mformatron' Telephone: 540- 662 -4185 Location of property: North side of Northwestern Pike (U.S. Route 50 West): West of Retail Boulevard; and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District 132 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) Existing structures require a asbestos inspection and demolition permit prior to removal. A permit for asbestos removal is also required prior to demolition activity and if asbestos is discovered. Comments shall be made at site plan/subdivision plan submittal. Sanitation Authority Comments: 4/0 C 4i/ Sanatation Authority Signature Date: Notice to Sanitation Autho vi�/L I f a e 08 Please Return This Form to the Applicant Rezoning Comments Mailing Address: Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665 -1061 ApplicanC Please'fill' out the infonnatro tSanitation1Authouty ;Withth w w3 5 5g el t -_�.ia T proffer statementimpactanalysian mas accurately as psible in der'1 cF a copy of yo os ur applic any_othe'r' pertinent information ion „m Applicant's Name: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Telephone: 540- 662 -4185 Location of property: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) RECEDE© DEC 0 9 2008 ygz$5 GREENWAY ENGINEERING Fred -Winc Servi e Authority's Comments: 40 call Oita Fred- Wine Service Authority's Signature Date: U-ALtAf i21�j1 Notice to Fred -Winc Service ity Please- to the Applicant Rezoning Comments Frederick Winchester Service Authority Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia crnation <isEaccurately as possible m�order,tosassist .i .k4 "tom esF UmchesterSer ce Auth wi th their review Attachfa copy of y o u r a ron map, prof.ei statement; and any, other pertinent information Telephone: 540- 662 -4185 Location of property: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) DEC 1 1 2008 GREENWAY ENGINEERING Department of Parks Recreation Comments: See Comments Attached Pks. Rec. Signature Date: See Attached Notice to Department of Park s& Recreation Please Return This Form to the Applicant Rezoning Comments Frederick County Department of Parks Recreation Mail to: Frederick County Department of Parks Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5678 m S k o r a 'eApplican t �P1'ease fill�out +the infomation as accurately`as possible3m order to assist t 9a a6 S a wA e ds a x .�75 J v s iDep artmen t of Parksz& Rec reation their review Attach ahcnpv of'your pplication 1 .,..3Y E s tc+�aa °�3 ix i n .a a aas n �4, v ri s e A u, a ss 3 ,location map,,proffer, statement; impact analysis,; and any x o ther pertinent,mformahor Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Frederick County Department of Parks Recreation County Administration Bldg., 2 Floor 107 North Kent Street Winchester, Virginia Telephone: 540- 662 -4185 Location of property: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) Silver Lakes LLC Property Rezoning January 30, 2009 The applicant has proposed to proffer a ten (10) acre site, which includes a pond, wetlands and flood plain areas for park land. Although the language of the Comprehensive Policy Plan Amendment #05 -06 Round Hill Center refers to a "new park in the area of the large pond the usable acreage proffered is not consistent with the Parks and Recreation Departments Comprehensive Plan. However, the applicant may want to consider expanding the proposed ten (10) acre park area to include the entire drainage corridor which, after further review, may offer linear park features to include environmental areas and passive public recreational opportunities with trails in this planned commercial and retirement community. The Parks and Recreation Department is recommending the applicant provide pedestrian/bicycle facilities as part of a main transportation network. In addition, pedestrian/bicycle facilities should provide connectivity to the commercial areas in the proposed B2 District, to the east as well as along Route 50 which would be consistent with the MPO Bike/Pedestrian Trail Plan. The applicant should provide recreational amenities in the Continuing Care Retirement Community (C.C.R.C) for those residents. Matthew G. Hott, uperintendent of Parks January 26, 2009 Dear Mr, Wyatt: Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 historic Resources Advisor] Board Concerns 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 RE: Application Requesting a Rezoning of 370+ Acres from RA to MS and B2 for a Continuing Care Retirement Community Location: 2094 Northwestern Pike, Winchester, VA Property identification Numbers (PINs): 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52, 52 -4-63 Current Zoning District: RA (Rural Area) The Frederick County Historic Resources Advisory Board (URA :I) considered the above referenced rezoning proposal during their meeting on Januar y 13, 2009. The HRA,B reviewed information associated with the Frederick County Rutal Landmarks Survey i e o:t. the Virginia Department of Historic Resources, as well as information provided by Dewberry Engineering, The proposal seeks" to "rezone 370 acres of land from RA (Rural Areas) District to. the MS (Medical Support) District and the 32 (Bu,inass General) District for Commercial and Continuing Care Retirement Community (,CR "C) uses. The site is loca;:ed on the north side of Northwestern Pike iP,outr;,.50 West),-test of Retail Boulevard and east of Poorhouse 'Road .(Route 654). The Study of Civil War Sites in the Shenandoah t-ail--v published by the National Pat1@Se?vice, •identifies the Silver Lake, LLC Property as being located v. th?inahe study atet of the Second Battle of Winchester and is located adjac:ein to the core Bartle leld area.' in addition. the Karat Landmarks Survey Report for Frederick County, Virginia, identifies three structures listed-. as potentially sigrufCant- Within the immediate area of the subject i t:. The sites that are listed in the survey are: 1 lodgsoit. House (034 93.) Walnut Grove 434 7 98) Aspen Shade #34 -85) ..Ahtier- Hodgson House (434-94) Mr. Evan Wyatt RE: Rezoning of 370+ Acres from RA to MS and B2 for a Continuing Care Retirement Community January 26, 2009 Page 2. After reviewing this information and the applicant's materials and proposals, the Historic Resource Advisory Board voted unanimously to support the Silver Lake Rezoning Application, provided that the applicant includes the tree save area designation in the proffered generalized development plan. It was the HRAB's opinion that the tree save area around the property's perimeter would provide appropriate visual protection for both the battlefield area and the historic sites nearby the proposed rezoning site. Please contact the with any questions concerning these comments from the HRAB. Sincerely, 6 Pk— L- Ozu'i Amber Powers HRAB Staff ALP /bad cc: Rhoda Kriz, HRAB Chair Winchester Regional Airport's Comments: 3 IP C c CHnOV'oc4 Winchester Regional Airport's NO, A 1 a� c6 OK Signature Date: W Y Notice to Winchester Regional Airport Please Return This Form to the Applicant Rezoning Comments Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester. Virginia 22602 (540) 662 -2422 Winchester Regional Airport Appltcant`';Please fill out the mfo�mation�as accurafely�asipossible n or det i to assist the v sn n y tsrhr �fl ,S, Wi che Regioal Airport with then review Attach p o y irfapphcadon form. local namap, proffer, statement, lmpaet'analysis, °and any, otfter pertinent >iitormatioi Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Telephone: 540- 662 -4185 Location of property: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard: and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) December 8, 2008 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 WINCHESTER REGIONAL AIRPORT Re: Rezoning Comments Silver Lake, LLC Route 50 West Gainesboro Magisterial District Dear Mr. Wyatt: 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 The proposed rezoning request for the referenced property lies outside of the Part 77 close in surfaces of the Winchester Regional Airport therefore proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Thank you for providing us the opportunity to review these plans and for supporting the operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director PTFrv. I GREENWAY ENGINEERING