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HomeMy WebLinkAbout01-09 Comments & CorrepsondenceJohn Bishop From: Evan Wyatt [ewyatt @greenwayeng.com] Sent: Thursday, February 05, 2009 1:07 PM To: Matthew.Smith @VDOT.Virginia.gov; GREGORY.HOFFMAN @VDOT.VIRGINIA.GOV Cc: mruddy @co.frederick.va.us; jbishop @co.frederick.va.us Subject: Silver Lake Rezoning Attachments: header.gif; emailback7.jpg; 4928S GDP 012709.pdf; Silver Lake LLC Proffer Statement 1 -27 -09 Bold and Italic Revisions.doc Hi Matt and Greg, Please find attached the revised Proffer Statement and GDP Exhibit that reflect the matters we discussed during the January 27th meeting. Please note that I met with Mike Ruddy today to go through this new information and he felt that we provided what was suggested. John Bishop has a sick child; however, we are tentively scheduled to meet on Monday to go through everything. The primary changes involve the development of Spinning Wheel Lane with a roundabout at the main intersection with Silver Lake Road and relocated Poorhouse Road. Spinning Wheel Lane is proffered to be constructed as a four -lane divided median urban section from Route 50 to the Roundabout as a Phase 1 improvement. Spinning Wheel Lane then becomes a four lane urban section once transitioned out of the roundabout with two lanes constructed initially with ultimate r/w dedication and four lane construction based on the agreed upon 8,000 ADT count. Additionally, a 10 -foot hiker /biker trail is provided on the south side of Spinning Wheel Lane to a point where we can make a north -south connection to the planned 10 -foot trail on Route 50 to provide the connectivity that is desired. We also provided for a guarantee for the proposed Rt 37 improvements shown in Phase 2 in the event the regional improvements that are being promoted by Jim Davis are accomplished in advance of our improvements, as well as the minor language revisions that you suggested. Please review this information which will hopefully allow for your final review comments on this project. I will be in the office this afternoon and most of the day tomorrow (except from 12:30 2:30) if you need to talk to me about anything. Please also advise me where VDOT stands on the processing of the Signalized Intersection Spacing Exception request as soon as you know something. Thanks again for your assistance! Evan Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Phone: 540 662 -4185 Fax: 540 722 -9528 Visit us on the web at www.greenwayenq.com 0 Greenway Engineering Y Founded in 97/ Home Company history Services Portfolio Company directory Please call to learn more about these exciting new services at Greenway Engineering: ;Phase 1eESKS (H siraulictConductivit dTestin. 1 January 13, 2009 Jerry Copp Residency Administrator VDOT Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 RE: Silver Lake Property Proposed Intersection Spacing Dear Mr. Copp: This letter is regarding the proposed intersection spacing for the Silver Lake property in western Frederick County along Route 50. I have reviewed the current version of the rezoning application and do not take issue with the proposed spacing.. I find the spacing to be in substantial conformance with the County's Comprehensive Plan in this area. I will note that this is a staff level determination and not a Board of Supervisors' action. Please let me know if there is anything additional that you require for this spacing waiver consideration. Sincerely, John A. Bisho Deputy Director Transportation JAB/bad 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 324 Gary A. Lofton Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARING REZONING #01 -09 OF SILVER LAKE, LLC, SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 238.96 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT AND 131.06 ACRES FROM RA DISTRICT TO MS (MEDICAL SUPPORT) DISTRICT, WITH PROFFERS, FOR COMMERCIAL AND CONTINUING CARE RETIREMENT COMMUNITY (CCRC) USES. THE PROPERTIES ARE LOCATED ON THE NORTH SIDE OF NORTHWESTERN PIKE (ROUTE 50 WEST), WEST OF RETAIL BOULEVARD AND EAST OF POORHOUSE ROAD (ROUTE 654), AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52, AND 52 -A -63 IN THE GAINESBORO MAGISTERIAL DISTRICT. APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone a total of 370 acres, 239 from RA (Rural Areas) District to B2 (General Business) District and 131 acres from RA (Rural Areas) District to MS (Medical Support) District. The property is located in the Gainesboro District. Deputy Director Ruddy went on to say this is a large, complicated project, and is good for the county. He noted the most current proffer statement dated March 20, 2009 was included in the Board' s agenda packet and addressed the comments provided by the Planning Commission, County Attorney, and others. He went on to say this project was generally consistent with the Comprehensive Policy Plan as well as the Round Hill Land Use Plan. The applicant has proffered a generalized development plan, a monetary contribution of $l million to construct a new fire and rescue facility or renovate the existing facility. Deputy Director Ruddy concluded by saying the Planning Commission reviewed the application, believed the issues had been adequately addressed, and recommended approval of this rezoning request. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He reviewed the proffered Generalized Development Plan and the transportation proffers, which included: Phased Improvement Plan; Commercial Development Caps until all phased improvements are complete; New traffic signalization in three locations; Route 50 median crossing; Route 50 mainline improvements; Route 37 ramp improvements; Additional Route 50 westbound through lane under Route 37 bridge; Monetary value of Route 37 regional improvements; Relocation of Poorhouse Road. The total value of transportation improvements will be $14.11 million. Of that amount, $6.85 million will be for regional transportation improvements. Minute Book Number 34 Board of Supervisors Regoln Meeting of 0422/09 With regard to public water and sewer, Mr. Wyatt advised the applicant worked with Frederick County Sanitation Authority and would provide the following: 12 -inch water lines to accommodate future growth; Water storage tank; Easements along Route 50 frontage; Easements along commercial property. In addition, the applicant has proffered the following design principles to conform to the Comprehensive Plan: Street trees; Monument business signs; Pedestrian signals; inter parcel connectors; No commercial entrances on Route 50; Additional evergreen plantings in buffer areas; 50 -foot landscape strip along Route 50; 10 -foot asphalt trail along Route 50. Mr. Wyatt noted at build out this project could result in $32 million per year in revenue to the county. He went on to say the National Lutheran Home would break ground in March 2010 with occupancy by 2012. He concluded by saying the timeline for the commercial component was unknown, as this portion was market driven. Chairman Shickle asked if the water tank had been proffered or just discussed with the Sanitation Authority. Mr. Wyatt responded the tank was not proffered. It would be handled through an agreement between the applicant and FCSA because the Sanitation Authority wanted additional storage and capacity. He concluded by saying the applicant would install the infrastructure and the Authority would reimburse them. Chairman Shickle convened the public hearing. Elwood Patterson, President of Round Hill Community Fire Company, asked if the 3 to 4 acre parcel of land proffered by the development would be deeded to the company or the county. In addition, he wanted to know if the $L000,000 contribution would go to the company and could they expect a check in three to five years? Don Jackson, Chief of Crainesboro Fire Company, stated he did not understand how the proffers changed and he thought the land and money would be proffered to the company in the area. He went on to say the association had a good relationship with Mr. Riley and Chief Welsh, but they companies were at a loss as to which way to go on this proffer issue. Minute Rook Number 34 Board of Supervisors Regular ?electing of 04/22/09 325 326 Chester Lauck, Chief of Round Hill Community Fire Company, stated this was a very generous offer for fire and rescue, but he had some questions. He stated the companies needed direction regarding what to expect. He went on to say if we remodel the existing building then the money needs to be available. He concluded by asking at what point does it revert back to the county. Mike Cline, Gainesboro District and President of the Fire and Rescue Association, stated this all sounded nice and this was a great application; however, he was concerned how the proffer distribution would come down. He concluded by saying the companies need clarification. There being no further comments, Chairman Shickle closed the public hearing. In response to the questions about proffers, Chairman Shickle stated they would be handled in a cooperative manner. Supervisor Dove stated this was a great project and he was grateful to have a local developer willing to go beyond to make this a great project. He cited the amount of tax revenue that would be recognized at project build out. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved Rezoning #01 -09. WHEREAS, Rezoning #01 -09 of Silver Lake, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses was considered. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District and are identified by Property Identification Numbers 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52, and 52 -A -63. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 18, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 22, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA District to MS (Medical Support) District, with proffers for Commercial and Continuing Care Retirement Community (CCRC) Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22 day of April, 2009 by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeling of O422/U9 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Ir. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING RURAL AREAS REPORT AND RECOMMENDATION. CONSIDERATION TO ADOPT THE REPORT AND RECOMMENDATION OF TIIE RURAL AREAS SUBCOMMITTEE AS A POLICY COMPONENT OF THE COUNTY'S COMPREHENSIVE POLICY PLAN. THIS POLICY WOULD APPLY TO THE RURAL AREAS OF THE COUNTY, AND OTHER ADDITIONAL POLICY DIRECTIVES TO: ENHANCE THE AGRICULTURAL ECONOMY; PRESERVE THE VIEWSHED AND RURAL LANDSCAPE; PRESERVE THE COMMUNITY'S RURAL CHARACTER; AND LESSEN THE DEMANDS FOR COUNTY SERVICES. SOME OF TILE POLICY DIRECTIVES INCLUDE THE FURTHER ENHANCEMENT OF HEALTH SYSTEM REQUIREMENTS AND THE ESTABLISHMENT OF A TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM. THE RECOMMENDED POLICY DOES NOT AFFECT THE EXISTING RESIDENTIAL DENSITY RIGHTS OF PROPERTY OWNERS. (RESOLUTION 4059 -09) APPROVED Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He explained that for the past nine months the Rural Areas Subcommittee reviewed the rural areas of the county. The Subcommittee was charged with: Identifying growth and development trends and related issues in the rural areas of the county; Gathering ideas to address those issues; and Forwarding a recommendation for resolution to the Board of Supervisors. The Subcommittee identified five issues to be considered in evaluating the rural areas: Relationship between the Rural Areas and UDA; Agricultural Economy; Land Development and Design; Community Services and Facilities; Transportation. Director Lawrence noted there currently exist 14 State enabled tools for managing growth in the rural areas and the County is using some of them already. He then presented the subcommittee's recommendations: Maintain current minimum lot size of two acres of Rural Preservation Subdivisions; increase Rural Preservation Tract size from 40% to 60 Clarify that the Preservation Tract counts towards overall density; Implement a Transfer of Development Rights (TDR) Program; Continue to pursue state and federal grants to fund a Purchase of Development Rights Program. Enhance health system requirements o Increase reserve drainfield area requirements from 50% to 100 o Cease to allow Provisional or Experimental System Approvals; o Cease to allow private, on -site residential discharge systems; o Require Board approval for Pump- and -Haul systems. o Support continued study of: Operation and maintenance requirements; Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 327 -6- BE IT RESOLVED, that the Frederick County Planning Commission does hereby table Conditional Use Permit 401 -09 for AT &T and Wesley Helsley, submitted by Dewberry, for a 120 -foot commercial telecommunications facility at 2042 Martinsburg Pike (Route 11) for 28 days to allow the applicant the opportunity to revise the application. The vote was as follows: YES (TABLE 28 DAYS): Arnbrogi, Manuel, Ruckman, Oates, Thomas, Ours, Wilmot NO: Unger, Triplett, Kerr, Mohn ABSTAIN: Watt (Note: Commissioner Kriz was absent from the meeting.) Rezoning Application #01 -09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for commercial use and a Continuing Care Retirement Community (CCRC) use. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654). The properties are further identified with P.I.N.s 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52, and 52 -A -63 in the Gainesboro Magisterial District. Action Recommended Approval With Proffers Deputy Planning Director, Michael T. Ruddy, reported that this application is to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) and B2 (Business General) Districts with proffers for a Continuing Care Retirement Community and commercial land uses. Mr. Ruddy said this particular property was included in the 2006 update to the Round Hill Land Use Plan, which was approved by the Board of Supervisors in 2007. He said the land use plan expanded the water and sewer boundaries surrounding this property and it also provided for an improved land use plan for the Round Hill community. The property is located within the Sewer and Water Service Area (SWSA). He said the proposed land uses are generally consistent with the Comprehensive Policy Plan and the Round Hill Land Use Plan. Mr. Ruddy said the Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, consideration should be given as to how development might contribute towards achieving the long -range goal of providing sewer to the core area of the Round Hill community. Furthermore, the Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor and this application's proffer statement generally addresses the identified design standards. The Round Hill Plan also calls for a campus -style development and Mr. Ruddy believed a greater amount of consideration could be provided to coordinate the commercial portion of this project in the design layout; in particular, the building location, the site layout, and the design elements. He commented that the application should clearly demonstrate how it will achieve a campus -style development. In addition, the Round Hill Land Use Plan recommends that a new park be included with the development of this area. He said it was the staffs recommendation that an area larger than that currently shown on the Generalized Development Plan (GDP) be provided in order to be consistent with the area shown in the Round Hill Land Use Plan. Frederick County Planning Commission Page 2436 Minutes of March 18, 2009 -7- Regarding the transportation aspects of the proposal, Mr. Ruddy said the Round Hill Land Use Plan reconrunends regional transportation improvements along the Route 50 Corridor, as well as on the north side of the corridor which traverses through this project. He said this application addresses these transportation improvements in a positive manner. Regarding the site access and design, Mr. Ruddy referred to the GDP and said it depicts the location of the internal road system serving this project. He said Spinning Wheel Lane, the project's major collector road, connects Route 50 through the site and connects with the existing road system to the rear of the Walmart Shopping Center. Silver Lake Drive provides an additional connection to Route 50, intersects with Spinning Wheel Lane, and it ultimately provides a potential connection to Poor House Road. Mr. Ruddy noted that the application provides for bicycle and pedestrian connectivity throughout the project and along the project's frontage with Route 50, along with pedestrian connections at the major intersections. He added that inter parcel connectivity has been provided throughout the B2 portions, as development occurs. Mr. Ruddy next focused on potential impacts. He said the applicant's TIA has projected the build -out of this project within four phases. Beyond the four phases, there is no limitation upon the amount of conunercial development that could happen. Ultimately, the TIA assumes the total build -out of the continuing care retirement community on the MS District property; 583,050 square feet of commercial retail; and 494,600 square feet of office land use developed over a four -phase study. He said the applicant's transportation program is based upon a four phased approach and is described in detail in the application and proffer statements as to which particular improvements go with each phase. Mr. Ruddy continued, stating this application provides for the urban four -lane divided section (U4D), but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. Mr. Ruddy stated that the U4D typical section should be extended along the entire length of Spinning Wheel lane with the use of a landscaped median. He said the Round Hill Land Use Plan is specific about this ultimate road section. Mr. Ruddy said this development will have an impact on conununity facilities and services; however, the commercial component of the project will generate tax revenue for the County. In addition, he recognized the applicant' s significant effort to address the fire and rescue community's facility impacts. He said the application provides for land dedicated to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community; and, the GDP identifies three -to -four acres as a potential location for such a new fire and rescue facility. Additionally, he said the applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue facility providing service to the Round Hill Community. It was noted that the applicant had not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on such community facilities as Parks and Recreation, Public Safety, Library, and General Government. Commissioner Thomas noted that staff had suggested a greater amount of area be dedicated for the park; he asked what percentage greater would be more appropriate. Mr. Ruddy replied that the Round Hill Land Use Plan identifies a lake visible from Route 50 and a farm pond internal to the property; he said between the two is a large area of environmental features, including floodplains and wetlands. These features were identified during the crafting of the Round Hill Land Use Plan. Mr. Ruddy suggested increasing the area greater than 10% and less than 100 but certainly consistent with the environmental features and floodplain that are located in this area. Commissioner Oates referred to the staff's comment that the applicant should demonstrate how he will achieve a campus -style development; he asked the staff if they intended for design criteria to be included, additional landscaping, or some other criteria. Conunissioner Oates said he would like to steer away from the typical box store within a sea of pavement and strive to create a nicer development. Mr. Ruddy said the Land Use Plan calls for additional thought and layout in the design and he believed this was needed within the area of commercial buildings. Frederick County Planning Commission Page 2437 Minutes of March 18, 2009 Deputy Director Transportation, John A. Bishop, noted that the applicant had offered a substantial transportation package. Mr. Bishop said there is an extensive asphalt trail and pedestrian improvements network throughout the development and in most cases, it develops along with the associated roadways. Mr. Bishop described the transportation improvements associated with each phase of development in detail for the Commission. Mr. Evan W. Wyatt, with Greenway Engineering, was representing the Silver Lake rezoning request which included the Silver Lake commercial rezoning and the National Lutheran Home Medical Support District rezoning. Mr. Wyatt said the land uses, the transportation network, the provision of an opportunity for a new fire and rescue site, and the conversion of a public park into a passive open space area are all in conformance with the Land Use Plan and the Comprehensive Policy Plan. Mr. Wyatt proceeded to address the staff's outstanding issues, as follows: Regarding efforts to achieve a campus -style development, Mr. Wyatt said the applicant is proffering street trees along all major roads; an existing mature woodland area will be preserved along Spinning Wheel Lane; and the bases on monument signs will be consistently designed providing a subtle, but visually recognizable structure throughout the project. He said major intersections on Route 50 will have crosswalks, pedestrian activation on traffic signals, underground utilities, and proffered inter parcel connectivity for the commercial uses. In addition, the 50 -foot landscaped strip along Route 50 and Spinning Wheel Lane will contain ornamental shrubs, street trees, and a hiker/biker trail along the entire frontage of the property. Regarding the recommendation to provide a greater area for the park and protect environmental features, Mr. Wyatt said the green area was originally envisioned to be a county-owned public park; however, the Parks Recreation Board decided against taking the land and it reverted back to a passive open space area. He said this passive open space area is not a public park, although it has been equipped with amenities such as trails that link to Route 50, as well as the main parallel road to Route 50, Spinning Wheel Lane. Additional areas of woodland preservation will be provided with the MDP. Regarding efforts to extend the U4D typical section along the entire length of Spinning Wheel Lane with the use of a landscaped median, Mr. Wyatt said the applicant is providing a landscaped raised median section from Route 50 back to the traffic circle; it transitions out of the traffic circle with some raised median and then continues as an urban section with four lanes, but does not have a raised grass median. He said the road improvement plan designed to tie into the retail is not a raised median, but a four -lane divided highway; he believed this design was consistent with what is perceived to be a campus -style development. It is recognized that this design is not consistent with what is called for in the Round Hill Land Use Plan. Addressing potential impacts associated with commercial development beyond that evaluated, Mr. Wyatt explained the use of color coding for the various road segments and bow it related to the project's phases of development. He said the color coding demonstrates phasing improvements, with lighter green to darker green in sequential order, and until every improvement associated with each phase is provided, the applicant is capped at a certain square footage of commercial along the way. For example, if the applicant has an opportunity to develop more than 180,000 square feet of retail use designated for Phase I, the applicant would have to install all the improvements not only in the areas of very light green, but the next shade of green as well. Regarding the staff's continent that additional monetary contributions were not offered by the applicant for community facilities other than fire and rescue, Mr. Wyatt noted they have been working closely with the Sanitation Authority and this project addresses the goals of the Comprehensive Policy Pla b contributing to the expansion of services further up the corridor towards the community center, as follows: 12 -inch water and sewer lines will be installed to satisfy future growth in the area, although the applicant's needs on site require only eight inch water and sewer lines; the applicant will install a one million gallon tank as opposed to a 600,000- gallon water tank projected to be sufficient solely for the project's needs; and easements will be provided at no cost Frederick County Planning Commission Page 2438 Minutes of March 18, 2009 along the applicant's conmrercial properties within the SWSA for connectivity by adjacent properties. The water and sewer improvements will not be done right away, but will occur as development proceeds. Mr. Wyatt stated that a fire and rescue station site has been proffered, along with a commitment to provide road access and utilities, if it is used. In addition, he said there is a one million -dollar monetary proffer payable within five years of the final rezoning approval. Mr. Wyatt commented that the County's Fiscal Impact Model indicated a 32.28 million- dollar positive impact to the County with the projected commercial uses and the independent living units associated with the CCRC will pay real estate taxes, providing another revenue source to the County. Commissioner Oates said that with regard to the campus -style setting, he was not looking for building placement, but more so for the applicant to go beyond the minimum requirements of the zoning ordinance for the parking areas, such as additional green area, open space, and more environmentally friendly materials. Mr. Wyatt said that without a known layout detailing where office buildings and retail will be located and the scale and size of the structures, it was difficult to con to a certain percentage of green parking within a landbay. Mr. Wyatt said there will be broken up areas, green areas for parking, and small plaza areas, included on the MDP. Commissioner Thomas said he would like to see an intent or conunitment to a non- impervious parking area to the maximum extent possible with more environmental collection areas for run -off. Mr. Wyatt said they would also like to see that because when projects are designed, they not only have to meet quantity measures, but quality measures and the county's ordinance requirement for all asphalt or concrete, curb and gutter, and hard -pipe, makes it difficult for engineers to reach an environmentally- friendly goal. Mr. Wyatt said he hoped the upcoming ordinance changes would ease restrictions and allow for that type of design. Chairman Wilmot next opened the public continent portion of the public hearing. The following persons came forward to speak: Mr. Rodney Snapp, Back Creek District, carne forward to speak on behalf of the Round Hill Community Fire and Rescue Company. Chaimman Wilmot recognized approximately six to ten fire and rescue personnel in attendance with Mr. Snapp. Mr. Snapp said the Round Hill Community Fire and Rescue Company greatly appreciates the intent of the applicant for the proffer to fire and rescue. He expressed concerns, however, about the lack of specificity in the language of the applicant's proffer designating the Round Hill Community Fire and Rescue Company as the recipient of the monetary contribution and the acreage proffered for a new facility. He said the proffers are intended for the impacts to the first due company in the area, which is the Round Hill Community Fire and Rescue Company. Unfortunately, the proffer language simply refers to "the County of Frederick for the Round Hill Community" as the recipient of the monetary contribution and acreage. He said theoretically, the money being proffered by the applicant intended for fire and rescue impacts could be used elsewhere. Mr. Snapp quoted language from the County's Amended Cash Proffer Policy, as follows: "...proffer funds received by Frederick County would be held for the use specified in the proffer language. In the case of funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the funds will be ear for the first -due company in the area of the subject rezoning at the time the proffer funds are received." Chairman Wilmot asked for comment from the County Attorney, Mr. Roderick Williams. Mr. Williams made two points: First, th St La does not clearly allow for anything other than proffers to the local government, itself Second, the County's policy with respect to the cash proffer policy and the earmarking for first due companies is a guideline the County can follow in terms of how it proceeds on using proffered funds. He did not see any reason why this applicant's proffer statement, in its current form, would be contrary to that policy. Frederick County Planning Commission Page 2439 Minutes of March 18, 2009 Mr. Chester Lauck, the Round Hill Community Fire and Rescue Company Chief, voiced a concern about the impacts of additional traffic on response times for fire and rescue vehicles traveling along Route 50. He suggested pre emption devices on all the traffic signals installed along Route 50. Ms. Laura Campbell, a resident on Poor House Road, was concerned about increased traffic on Poor House Road. She asked if there was an estimate on the amount of traffic that would be generated by this proposal. Mr. Mike Mullen, a resident along Poor House Road, Gainesboro District, expressed his concern that not all residents along Poor House Road were notified of this public hearing. He said the public hearing sign was only up for a few days; he said he never received notification by mail and was only made aware of the meeting after he called about the posted sign. Mr. Mullen asked the Commission to table the rezoning in order to give those residents who just found out about the proposal time to respond. Mr. Robert (Bob) Carpenter, a resident of Gainesboro District, said he and his wife own property directly adjacent to this property and they are the parties who are in discussion with regard to the northern extension of Poor House Road. Mr. Carpenter said at this time, they have not yet reached a final agreement on the road, but are actively talking. He said there is greater potential for direct impact to his and his wife's property than anyone else along Poor House Road, simply because they have approximately 1/2 mile of adjoining common boundaries. Mr. Carpenter said they are concerned about this project and they have been in discussions with the applicant; he said the applicant has been very forthcoming with their plans. He also has had an opportunity to meet with the representatives from the National Lutheran Horne and has seen the scope of the project they plan. He thought it would be a tremendous anchor and an encouragement for other good development on the remainder of the project. Mr. Carpenter believed the National Lutheran Horne would bring an enhancement to the Route 50 corridor and to the Round Hill community. He said at this moment and based what he knows, both he and his wife supports this plan. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. -10- Mr. Wyatt returned to the podium to address comments from the citizens. Mr. Wyatt said the purpose for the relocation of Poor House Road is to take traffic primarily off this area, where there are existing houses, and the road geometry is much less than desirable. He said the current traffic volume is about 1,200 trips and based on complete build out of the project, traffic is anticipated to increase by another 5,800 -7,000 trips; however, those trips would be directed away from the existing houses along Poor House Road. Regarding Mr. Lauck's continent on the traffic signal pre emption devices, Mr. Wyatt said if for some reason, the three -to -four acre site is not taken and the pre emption at the Silver Lake signal is no longer a benefit, he would be willing to allow the pre emption to transfer to the fully funded traffic signal at the intersection of Poor House and Route 50. Commission members had positive comments about the proposal and commended the applicant and Greenway Engineering for a well planned and well thought -out project. Commissioners believed this was a good project for Frederick County and they believed the National Lutheran Home component was a much needed asset to the community. A Commission member stated that for the short term, this project could strengthen the economy in this area as far as the work that would be needed. Commission members said they would like to see a commitment made by the Board of Supervisors that the proffered funds will stay within the Round Hill Commmiity and that the fire and rescue station will benefit from those funds. Frederick County Planning Commission Page 2440 Minutes of March 18, 2009 -11- Conunissioner Triplet made a motion to recommend approval of the rezoning with proffers. This motion was seconded by Comnissioner Thomas and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #01 -09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for commercial use and a Continuing Care Retirement Community (CCRC) use. (Note: Conunissioner Kriz was absent from the meeting.) COMMISSION DISCUSSION DISCUSSION OF AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING: SPECIFICALLY, THE MI ZONING DISTRICT CHANGES TO ADDRESS ACCESSORY USES. Senior Planner, Candice E. Perkins, reported that in December 2008, the Board of Supervisors approved revisions to Section 165 -26 which addressed secondary and accessory use requirements in the zoning ordinance. Ms. Perkins said these new standards prohibited accessory retail in the M 1 and M2 Zoning Districts, however, as this revision went through the public process, the actual MI regulations were not updated to reflect the accessory use standards. Therefore, this ordinance revision has been prepared to strike accessory retailing from the M1 permitted uses and will also cover the M2 District. She said additionally, this ordinance revision will modify the text to show SIC uses 37 -39 as permitted uses. Ms. Perkins stated this item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on February 27, 2009. She said the DRRC understands the proposed ordinance revision is to update the M1 District in order to be consistent with previously- approved updates. She said the DRRC recommended approval of the changes and recommended it be sent to the Planning Commission for discussion. Commissioner Oates was concerned about how this amendment would affect existing retail uses and any plans for those uses to expand in the future; he asked if this amendment would prohibit them from doing additions. Ms. Perkins said that anything in affect prior to the adoption of the secondary use standards would be grandfathered; any type of retail expansions or new uses that would come in after that would be governed by Section 165 -26. No other issues were raised. Ms. Perkins said this item will be forwarded to the Board of Supervisors with the Commission's comments for discussion. No action was needed at this time. Frederick County Planning Commission Page 2441 Minutes of March 18, 2009 Message: Hi Mike, TRANSMITTAL Project Name: File No: Date Thank you, Evan Founded in 1971 Silver Lake Rezoning 4928S April 27, 2009 To: FC Planning Attn: Mike Ruddy Copied GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 1 From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent n For Your Review X As You Requested Please Comment Please find attached the correct Generalized Development Plan that was approved by the Board of Supervisors for distribution to the County representatives and staff indicated on your approval letter. Please note that I have provided the Wilkins' and National Lutheran Home with this information as well. Please contact the if you have any questions or if you need any additional information at this time. Hand Delivery and Pick Ups Only: Received By: Date: Please Print Name: 3 :3 T ime: PR 2 7 L. L 2009 TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 24, 2009 RlSAA/p tf MEMORANDUM The amount of $100.00 was deposited in line item #3- 010 019110 -0008 for the company named below had a deposit for two signs for Rezoning #01 -09 for Silver Lake. The company has returned the signs and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $100.00 to: Silver Lake LLC 13 S. Loudoun St Winchester, VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 1 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING Previous Balance Principal Being Paid Penalty Interest Amount Paid *Balance Due Ticket Date Register: Trans. Dept Acct# Pd by PLANNING Check 36501.00 VARIOUS BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 2/2009 00006210001 2/24/2009 BCC /BCCS2 89162 1095 100.00 100.00 .00 .00 100.00 .00 14.: Mr4,171.AbcouNTP'4.9,4,. tatimowaPaiolaik7 *Balance Due BAI g irgiO\71G, INCLUDES PENALTY/INTEREST THRU ;11-111;INT/3465°T1200: VARIOUS 360001 L3CCS2 9162 ISP .00 Applicant: Residential Units (number) SFD SFA MFD silver lake 0 Units 100 0 0 Non Residential (sq. ft.) 1,077,650 Sq. Ft. Retail 583,050 Sq. Ft. Office 494,600 Sq. Ft. Total capital facilities impacts to mitigate 2,209,739 Total revenue from commercial component 31,788,328 10 Year average of expenditures toward capital items 18% Revenue to assign as credit from commercial component $5,721,899 Total capital facilities impacts left to be mitigated (3,512,160) Fire And Rescue General Government Public Safety Library Parks and Recreation School Construction Total Total Cost of Total Net Cost of Capital Facilities Capital Facilities Per Unit $78,977 ($125,526) #DIV /0! $31,978 ($50,826) #DIV /0! $67,094 ($106,639) #DIV /0! $37,237 ($59,184) #DIV /0! $223,868 ($355,816) #DIV /0! ($2,814,168) #DIV /0! ($3,512,160) #DIV /0! $1,770,585 $2,209,739 Mike Rudd From: Sent: To: Cc: Subject: Thanks John! Original Message From: John Bishop [mailto:Jbishop @co.frederick.va.us] Sent: Thursday, April 02, 2009 5:18 AM To: Evan Wyatt Subject: Re: Silver Lake Proffer Statement Evan, It looks like the issue we discussed has been addressed. Thanks John Original Message From: "Evan Wyatt" <ewyatt@greenwayeng.com> To: <mruddy @co.frederick.va.us>, <jbishop @co.frederick.va.us> Date: Wed, 1 Apr 2009 09:32:11 -0400 Subject: Silver Lake Proffer Statement Hi Mike and John, I have attached what is hopefully the final proffer statement for the Silver Lake Rezoning. The proposed revisions are identified in bold /italic text and language to be eliminated is identified in strike out text. These revisions address John's question regarding the Rt 37 northbound on -ramp design, the option for pre emption at either the Silver Lake Road intersection or Poor House Road intersection, and comments from Rod Williams in his 3 -16 -09 email. Please look this over and advise me if you have any questions at this time. I will get Richie to sign this revised proffer statement as soon as I hear back from you and will provide you with the GDP that has the March 30th date at that time. Thank you, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540- 662 -4185 Fax: 540- 722 -9528 Evan Wyatt [ewyatt @greenwayeng.com] Thursday, April 02, 2009 8:41 AM John Bishop mruddy @co.frederick.va.us; jrw3 @ntelos.net RE: Silver Lake Proffer Statement 1 Visit us on the web at www. .reenwaveng.com <http: /www.green eng.com to learn about exciting new services offered by Greenway Engineering: Laboratory Services, Water Sewer, Maintenance Monitoring, ESA Phase I, Wetlands and more. P Please consider the environment before printing this CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. 2 Founded in 1972 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 TRANSMITTAL Project Name: Silver Lake, LLC Rezoning File No: 4928S Date April 8, 2009 To: FC Planning Attn: Mike Ruddy Copied From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review As You Requested Please Comment Message: Hi Mike, Please find attached the March 30, 2009 Proffer Statement that has been signed and notarized, as well as a new copy of the GDP that has been modified to reflect the new proffer statement date. Please advise me if you need anything else at this time. Thank you, Evan I 8 Hdtl GO Hand Delivery and Pick Ups Only: �II Received By: Date: Please Print Name: Time: Pounded in 1971 File #4928/EAW GREENWAY ENGINEERING, INC. 151 Windy Hill lane Winchester, Virginia 22602 MEMORANDUM Cc: Silver Lake, LLC Mike Ruddy, Frederick County Planning Rod Williams, Frederick County Attorney Telephone 540 -662 -4185 www.greenwayeng.com FAX 540- 722 -9528 TO: Frederick County Planning Commissioners FROM: Evan Wyatt, AICP Greenway Engineering RE: Silver Lake, LLC Proffer Statement Addendum DATE: March 13, 2009 Please find attached a copy of the addendum to the Silver Lake, LLC Proffer Statement dated March 13, 2009. This addendum provides a technical modification to clarify the fire and rescue section of the proffer that is consistent with County policy. The specifics of this addendum are identified in the two -page attachment that provides bold and italic text for new language and strike out text for language that has been eliminated. This addendum meets with the approval of the County Planning Department and the County Attorney. Greenway Engineering has provided a copy of the complete Silver Lake, LLC Proffer Statement dated March 13, 2009 that has been signed by the owner and notarized. For your convenience. this document has been three -hole punched to allow for the replacement of the March 2, 2009 proffer statement that you received in your agenda package. Please contact me if you have any questions regarding this information, or if you need anything else at this time. Engineers Surveyors Planners Environmental Scientists Greenway Engineering E. Fire and Rescue Enhancements November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities within five years from the date of final non appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right -of -way along Northwestern Pike and Silver Lake Road within five years from the date of final non appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station {;crving the Round Hill community at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. serving the Round Hill community. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non appealable rezoning approval to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station serving the Round 14111 community has not been approved within five years from the date of final non appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. serving the Round 131-11 community. File #4928S/Silver Lake LLC Rezoning Creenway Engineering 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase I or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #4928S/Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009; Revised January 27. 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2.2009; March 13, 2009 2 ';Ft f a:j. Y::. .4 kth •••{7,44,--- IA 4• 1 •1 I frr 7 7f-Fefffl sr is 94. 4; .4 A I 7Z" i' i .,,1a::: i i t v. 4 1 4. A, P•i 1 i A p, f ,1 teiA 1 i) 'lei i t;:i..!.i 1 gl, 11 L# 4; 11 fi 4 o'll',A. vi I' i., 4. 7 4 s i t J f `A 1 4 P IP f., OA. t i ca4 1 l'.., 1 1 t Ili f t N ,...&_7.,; U 4 YA*- '"ti.,,ip%'''•'''''' kez& 4 le '1 ‘3,irxr U.= f .v f yt _r 5 A r Founded in 1971 Attn: Mike Ruddy Copied To: FC Planning GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T AL Project Name: Silver Lake Rezoning Application File No: 4928S Date February 20, 2009 From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review As You Requested Please Comment Message: Hi Mike. Please find attached all required information for the Silver Lake Rezoning Application, as well as 70 color copies of each map set and 70 color copies of the proffered GDP. Please schedule this project for the march 18' Planning Commission agenda and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Please Print Name: Time: Founded in 1971 T ANSMITTAR. Project Name: Silver Lake Rezoning Application File No: 4928S Date February 20, 2009 To: FC Planning Attn: Mike Ruddy Copied GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Courier Pick Up Other Urgent For Your Review As You Requested Please Comment EHLE CR "Y Message: Hi Mike, Please find attached all required information for the Silver Lake Rezoning Application, as well as 70 color copies of each map set and 70 color copies of the proffered GDP. Please schedule this project for the march 18 Planning Commission agenda and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: ate: Please Print Name: P1/ 6 t i I i t. i i �(A Z_V OJ Time: C40 Applicant: Residential Units (number) SFD SFA MFD silver lake 0 Units 100 0 0 Non Residential (sq. ft.) 1,077,650 Sq. Ft. Retail 583,050 Sq. Ft. Office 494,600 Sq. Ft. Total capital facilities impacts to mitigate 2,209,739 Total revenue from commercial component 31,788,328 10 Year average of expenditures toward capital items 18% Revenue to assign as credit from commercial component $5,721,899 Total capital facilities impacts left to be mitigated (3,512,160) Total Cost of Total Net Cost of Capital Facilities Capital Facilities Per Unit Fire And Rescue $78,977 ($125,526) #DIV /0! General Government $31,978 ($50,826) #DIV /0! Public Safety $67 094 ($106,639) #DIV /O1 Library $37,237 ($59,184) #DIV /0! Parks R. 2. 8 6§ .5 55,816) #DIV /0! School Construction $1,770,585 ($2,814,168) #DIV /0! Total $2,209,739 ($3,512,160) #DIV /0!