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035-24 (ComprehensivePlanAmendment(CPPA)Brockton) RESOLUTION ■ d14r+1 Action: PLANNING COMMISSION: Decernber 6, 2023 Recommended Approval BOARD OF SUPERVISORS: January 10, 2024 Approved RESOLUTION TO APPROVE AMENDING THE COMPREHENSIVE PLAN, APPENDIX I—AREA PLAN, ROUTE 37 WEST, (CPPA#03-23 BROCKTON) WHEREAS, The Comprehensive Plan, was adopted by the Board of Supervisors on November 10, 2021; and WHEREAS, this amendment would include the parcel (42-A-194), totaling 6 acres, into the boundary of the Sewer and Water Service Area (SWSA), and to modify the future land designation on the property to be Business; and WHEREAS, the Comprehensive Plans and Programs Committee (CPPC) discussed the Brockton CPPA request at their July 10, 2023 meeting and recommended the request be studied further; and WHEREAS,the Board of Supervisors and Planning Commission held a joint work session on August 16, 2023 and discussed the requested Brockton CPPA. The Board of Supervisors directed staff and the CPPC to study this request further and hold the necessary public hearings; and WHEREAS, the CPPC at their November 13, 2023 meeting, discussed the Brockton CPPA request and recommended approval; and WHEREAS, the Planning Commission held a public hearing for this request at their December 6, 2023 meeting and recommended approval of the Brockton CPPA; and WHEREAS,the Frederick County Board of Supervisors held a public hearing for this request at their regular meeting on January 10, 2023; and WHEREAS, the Frederick County Board of Supervisors finds that the Brockton CPPA #03-23 request to include the parcel (42-A-194) in the boundary of the Sewer and Water Service Area (SWSA), and to modify the future land designation on the property to be Business, to be in the best interest of the public health, safety, welfare and future of Frederick County, and in good planning practice; and Res #035-24 NOW, THEREFORE BE IT RESOLVED by the Frederick County Board of Supervisors that the Comprehensive Plan is amended accordingly. Passed this 10th day of January 2024, by the following recorded vote: Josh Ludwig, Chainnan Aye John F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Robert T. Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollhoefer Frederick County AOrleinistrator Res #035-24 COQ e COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Wyatt Pearson, AICP Director of Planning& Development RE: Public Hearing - Comprehensive Plan Amendment #03-23 — Brockton Property DATE: December 291h 2023 This is a public hearing for Comprehensive Plan Amendment request 903-23, Brockton Property. The applicant is requesting an expansion of the Sewer and Water Service Area(SWSA), and Land Use Designation Change, for Parcel 42-A-194. This is a request to expand the SWSA and designate the future land use classification to Business. The property is located on the southwest quadrant of the Route 522 and Route 37 interchange and across from the intersection of Route 522 and Apple Pie Ridge Road in the Gainesboro District. The property totals approximately 6 acres and is currently zoned RA (Rural Areas) District. The property is currently outside the Sewer and Water Service Area (SWSA) and the Urban Development Area(UDA). Current use of the property is residential. Per the Route 37 West Land Use Plan the property does have a designation of rural area. As such, the Plan calls for this area to remain rural in nature. The applicant seeks to expand the SWSA boundary to encompass the property and change the land use designation to Business. Staff Conclusions: Currently, the Comprehensive Plan calls for the parcel in question to remain rural in nature. This is in keeping with Route 37 traditionally acting as the boundary for more intensive commercial development in this portion of the County. That said, the proposed land use designation is in keeping with existing development patterns in the vicinity of interchange areas in other parts of the County. Given transportation concerns and the fact that this parcel is within the proposed boundary of the Western Frederick Area Plan it may be appropriate to consider it as part of the larger area planning exercise that has just begun. CPPA#03-23—Brockton December 29',2023 Page 2 VDOT and Historical Resources Advisory Board (HRAB) have raised concerns that would have to be further evaluated during the future rezoning process for the parcel. The VDOT Comment is included in your packet and the summary of the HRAB thoughts are as follows: "HRAB recommended investigating and documenting the remnants of the nearby Civil War earthen fort where present day Redoubt Lane(named after the fort) extends to the southeast of the property. Although the construction of Route 37 likely altered the landscape, there may be some history left to uncover from the Second Winchester Battlefield." The CPPC reviewed this item on November 13 and has recommended approval. The Planning Commission recommended approval of this application at their meeting on December 6m Staff is seeking action from the Board of Supervisors on this CPPA application. The following considerations are noted in the Comprehensive Plan as factors to consider when reviewing proposed amendments: • Would benefit the public health, safety, and welfare. • Is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. • Will not be detrimental to uses of property in the immediate vicinity of the subject property. • Has merit and value for the community as a whole. • Will result in benefits (fiscal, aesthetic, employment, etc.) that will outweigh any significant impact of the change. Review Evaluations: Review Agency Comment Issuance Status Date Virginia Department of Transportation November 3rd, 2023 Comment provided. VDOT Frederick Water October 4, 2023 Comment provided. FC Fire Marshal September 27, 2023 Comment provided. FC Parks and Recreation No commentprovided._ FC Public Schools (FCPS) No comment provided. FC Economic Development Authority November 13, 2023 No Comment. EDA FC Public Works September 25, 2023 No Comment. Attachments: • Application Materials • Agency Comment. • Route 37 West Land Use Plan ' - 117 East Piccadilly Street Winchester,VA 22601 T:540-667-2139 F:540-665-0493 www.pennoni.com November 28, 2023 Mr.John Bishop, Assistant Planning Director Frederick County Planning and Development 107 North Kent Street Winchester, VA 22601 RE: CPPA Brockton Property Clarification and Restatement of Justification for Planning Commission Dear John: Over the past few months, we have had the opportunity to discuss this application with staff, local and state agencies, and Frederick County planning committees. We continue to believe that this application represents a positive comprehensive plan amendment that will capitalize on underutilized commercial land development locations in desired transportation corridors. Location has long been attributed to successful commercial properties and the tax revenue that accounts for a healthy local economy. The subject property is within the Route 37 West Land Use Plan along a major arterial roadway calling for improvement. The current land use plan is conspicuously vacant and unplanned, but also clearly identified as a defined area of the county needing long range planning. The subject property proposes amending the comprehensive plan to identify it as planned business and adjusting the Sewer and Water Service Area (SWSA) to include the property. The entrance to the property aligns with the existing signal at Route 522 at Apple Pie Ridge Road and is within the corridor identified for planned transportation improvements. A business anchor at this intersection,with the expectation for the implementation of meaningful transportation improvements that accommodate impacts generated from the proposed land use, presents opportunity for promoting business land uses at locations generally desired in long range planning documents as the comprehensive plan. This CPPA request proposes an organized and initial step in capitalizing on the business opportunities this roadway corridor offers and the associated transportation infrastructure improvements that come with commercial investment along primary roadways. During the committee and agency review process, many recognized that this property has high potential for commercial development. It was also understood that with commercial development this property has a unique opportunity to invest in roadway improvements at an existing signal and roadway identified in the current comprehensive plan as in need of infrastructure investment. The transportation challenges are not small, but the details of specific roadway improvements associated with the subject property are required to be addressed at the rezoning stage with traffic analysis and studies. The applicant believes that planning this property for commercial land use is logical and appropriate at this time. We have appreciated the positive discussion that has taken place during the review of this application and are looking forward to addressing the impacts anticipated in implementing an amended Comprehensive Plan during the rezoning application process that naturally follows. Sincerely, David L. Frank, PLA and Office Director PENNONI ASSOCIATES INC. CPPA # 03 - 23: Brockton Property PIN: 42 - A - 194 Draft SWSA Amendment Proposed Long Range Land Use Map App�E PIE RIDCE,RD °522 S 522 37 �V pRF Magi= >a. R� CPPA#03-23 Y b 37 522 o oy F NpRp APPLE PIE RIDGE RD OFR/CKp/KF NFRF� Application - p/HFR/CH Urban Development Area 37 Draft Sewer and Water Service Area 3 522 QParcels W 37 FOXRIDGE LN Eastern Road Plan wREDoue7LN ONWO Improved Major Arterial NE ST Draft Long Range Land Use <_E 0 Residential 0 N Business 1 (!S:D Institutional / \�\ WE 1 S t J r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 125 250 500 Feet Map Created:November 28,2023 CPPA # 03 - 23: Brockton Property PIN: 42 - A - 194 Draft SWSA and LIDA Amendments Location Map F AppLE PIE,RIDCE,RD 522 if 0 37 N f3 c3 GM CPPA#03-23 37 522 3 = Ol o amu N R m P p APPLE PIE RIDGE RD �FRiCKaiKF NFRE� p�KFRiCH 37 522 3 37 FOXRIDGELN x WREDOUI LN o •- •- K'ARNERST,. Application Urban Development Area N Sewer and Water Service Area 1 Q Parcels 7 N*- E 1 S i J Frederick County Planning&Development r _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 125 250 500 Feet Map Created:June 7,2023 CPPA # 03 - 23: Brockton Property PIN: 42 - A - 194 Draft SWSA and UDA Amendments Zoning Map gppLE PIE,RIDGE,RD 522 t .:. GM q '$l CPPA#03-23 >•i 37 ...mases a° 522 3 Ol o afflu N R m P p APPLE PIE RIDGE RD �FRiCKP, NFRE� Q Application 37 522 Urban Development Area 3 Sewer and Water Service Area W 37 FOXRIDGE LN Q Parcels x wREDouerLN Eastern Road Plan o Improved Major Arterial ARNERST Zoning N B2(General Business District) 1 RP(Residential Performance District) 7 N*- E 1 S i J Frederick County Planning&Development r _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 125 250 500 Feet Map Created:June 7,2023 Comprehensive Plan Amendment Initiation Request Form Project Name: The undersigned,being all of the owner(s),contract purchasers,or the respective duly authorized agent thereof, do hereby petition to change the Comprehensive Plan as shown on the accompanying plans, maps,and graphics which are made part of this application,as follows: PIN From: To: Acres Total Acreage: Location-the property is located at(give street address(es)if assigned or otherwise exact location based on nearest road and distance from nearest intersection,using road names and route numbers): Provide the following information for all applicable parties,provide additional pages if necessary: Owner of Property Authorized Agent(s) Name: Name: Mailing Address: Mailing Address: City/State/Zip: City/State/Zip: Phone: Phone: Email: Email: Contract Purchaser/Lessee Engineer Name: Name: Mailing Address: Mailing Address: City/State/Zip: City/State/Zip: Phone: Phone: Email: Email: *Check the box next to the contact to which correspondence should be sent. 4 Signatures: I (we), the undersigned, have read the application, understand its intent, and do hereby respectfully make application to and petition the Frederick County Board of Supervisors to amend the Comprehensive Plan. Furthermore, I have the power to authorize and hereby grant permission to Frederick County officials and other authorized government agents on official business to enter the property as necessary to process this application. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my(our) knowledge. Signed this �day of t Signature of Owner pp icant Signed this day of Signature of Owner/Applicant Signed this day of Signature of Owner/Applicant If anyone other than the owner is signing, a Power of Attorney must be attached. 5 Proposed Comprehensive Plan Man Amendment Request Provide the following information: ❑ Completed and signed CPPA Initiation Request Form(Pages 3-4). 1-1 Plat of proposed CPPA area including metes and bounds. Justification of proposed CPPA: Describe why the change to the Comprehensive Plan is being proposed and include relevant Comprehensive Plan analysis. F] Existing Characteristics Analysis. Describe,using text and maps as necessary, the existing zoning, Comprehensive Plan designations, and/or approved uses and densities along with other characteristics of properties that are within: 0 1/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size 0 1/a mile if 21 - 100 acres in size 0 1 mile if more than 100 acres in size Trip Generation Analysis that includes a comparison of anticipated maximum trips from the current use to the proposed use. ❑ Special Power of Attorney Affidavit for each owner (if applicable). ❑ One hard copy of the application package. ❑ Digital copy containing all plans,maps,text,and/or graphics in PDF format. Non-Refundable Application Review Fee of $3,000 (payable to the Frederick County Treasurer). Existing Comprehensive Plan land use classification(s): Proposed Comprehensive Plan land use classifications) and respective areas: Existing zoning and land use of the subject parcel(s): What use/zoning will be requested if the amendment is approved? 6 Adjoining Properties for 42-A-194 PIN Name Address 42 5 Cl WINCHESTER NORTH FREDERICK PIKE STATION, LLC PO BOX 8, MOUNT JACKSON, VA 22842 42 5 D FREDERICK COUNTY SCHOOL BOARD PO BOX 3508, WINCHESTER, VA 22604 42 A 193 BHS, LC 2745 THOMAS JEFFERSON PARKWAY, PALMYRA, VA 22963 42 A 193A FREDERICK COUNTY SANITATION AUTHORITY PO BOX 1877, WINCHESTER, VA 22604 42 A 195A HALL, TRACY& HOWARD, ERIN 190 FOXRIDGE LN, WINCHESTER, VA 22603 42 A 195B ALLEN FOOD SERVICE, LLC 625 MILLWOOD AVE, WINCHESTER, VA 22601 42 A 195C ALLEN HOTELS, LLC 625 MILLWOOD AVE, WINCHESTER, VA 22601 42 A 213 SMITH, SARA Y 1316 AMBROSE DR, WINCHESTER, VA 22603 53 A 3 BHS, LC 2745 THOMAS JEFFERSON PARKWAY, PALMYRA, VA 22963 53 A 4 GOOD,JOHN P,JR PO BOX 2566, WINCHESTER, VA 22604 FREDERICK WATER 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director www.FrederickWater.com MEMORANDUM TO: David Frank, Pennoni Associates Inc. CC: Wyatt Pearson, Director, Frederick County Planning Department John Bishop,Assistant Director, Frederick County Planning Department FROM: Eric R. Lawrence, Executive Director SUBJECT: Comment on CPPA#03-23 Brockton Property SWSA and Land Use revision Request Parcel 42-A-194 DATE: October 4, 2023 Thank you for the opportunity to provide comments on CPPA#03-23 for Brockton Property. Comments are provided for this Comprehensive Plan amendment application and in recognition that a future rezoning could follow at which time additional details for the project will be provided. This property is captured in the Route 37 West Land Use Plan,where it is designated to remain rural areas and is located outside of the SWSA. The property is more specifically located on the southwest quadrant of the Route 37 and Route 522 N interchange. Frederick Water does not presently provide water nor sewer to the southwest interchange quadrant.The limited size of the parcel would indicate nominal demand for water and sanitary sewer services. The requested CPPA would amend the SWSA to include the subject property, and to designate business land use for the property. Waley At Your Semice Page 2 Comment on CPPA#03-23 for Brockton Property October 4,2023 While Frederick Water does have water and sewer facilities along the property's eastern property line,these facilities are not designed nor intended to provide local service. The existing 20-inch water main is a high-pressure facility that is designed to deliver water from the water treatment plant to the Northwestern Water Storage Tank. Similarly, there is an existing 8-inch sanitary sewer forcemain which is designed to convey sanitary sewer from the Round Hill community towards the wastewater treatment plant. Neither of the existing water and sewer facilities on the subject property are accessible to serve the property. Water and sanitary sewer service would be best provided via an extension of services from either the area around Sheetz (east of Route 37) or James Wood High School (north of Route 522N). Any extensions of the water and sewer services will be the responsibility of the developer and will involve tunnelling under a major roadway(Route 37 or Route 522). The design, construction, and cost for the extension of water and sewer services to the Brockton Property will be the responsibility of the developer. Water and wastewater treatment capacities are currently available to serve the projected 5,000 GPD(gallons per day)of water and sewer services anticipated to meet the demands of the 6- acre future business land use at this location. Thank you. REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS .� •? Frederick County Public Works Comment Mail to• Hand deliver to: - Frederick County Public Works Department Public Works Department Attn: County Engineer 107 North Kent Street, 2nd Floor 107 North Kent Street Winchester,Virginia 22601 Winchester,Virginia 22601 Phone: (540) 665-5643 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach one 1,conkof the Master Develo.meet Plan with this sheet. Applicant's Name: PENNONi Telephone: 540-771-2087 Mailing Address: 117 E Piccadilly St. Ste.200 Email: Winchester,VA 22601 Name of development and/or description of the request: 1657 Northwest Pike-PIN:42-A-194 Route 37 and Route 522 Northwest Pike Location of Property: 1667 Northwest Pike-PIN:42-A-194 Route V and Route 522 Northwest Pike - Public Works Comments: _We,_.o,Fifer– no e��►,�+.rt-,fT �` ��•s f�:st . -FREDERICK COUNTY PUBLIC WORKS USE ONLY_ Date Received Review Number I 2 3 4 5 (circle one) Date Reviewed Revision Required Date Approved Signature&Date: 9-75"-Z,? **Please Return Form to Applicant- 19 Comprehensive Plan Amendment Comments Frederick County Fire Marshal C4. Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Atm:Fire Marshal Winchester,Virginia 22602 Public Safety Building (540)665-6350 1800 Coverstone Drive Winchester,Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach one copy of your request form, justification and proposed changes, existing characteristics analysis,and trip generation analysis. Applicant's Name: PENNONI Telephone: 0-771-2087 Mailing Address: 117 E.Piccadilly St. Ste.200 Winchester,VA 22601 Location of property: 1667 Northwest Pike- PIN:42-A-184 Route 37 and Route 522 Northwest Pike Current Land Use:Rural AreaslResidmli.l Land Use requested: cum—dav—smt6uco-• Acreage: 6.367 Fire Marshal's Com ie�ts: -- Fire Marshal's Signature&Date: (. _ 91a71,"73 d9a 3 Notice to Fire Marshal-Please Return This Form to the Applicant RECEIVED SEP 14 20Y3 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive s Winchester. VA 22602 Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved with Conditions Owner Brockton Land Trust 1667 North Frederick Pike Winchester,Virginia 22603 Phone: 540-667-1266 Engineering Firm: Printed Date: 09/27/2023 Pennoni Associates, Inc. InformationGeneral Received Date: 09/14/2023 Occupancy Type: Residential Review Begin Date: 09/26/2023 Property Use: Review End Date: 09/27/2023 Activity Number: 1096039 Hours: 1.0000 Review Cause: Application Activity Details Project Name Brockton Property-Comprehensive Plan Amendment Comments Comments: (VOTE:Future development Shall comply with ALL applicable Frederick County Fire Prevention Codes. )4iiim William Pifer Lieutenant/Assistant Fire Marshal Page 1 of 1 John Bishop From: Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov> Sent: Friday, November 3, 2023 1:50 PM To: David Frank Cc: John Bishop; rhonda.funkhouser@vdot.virginia.gov Subject: '[External]'Re: Brockton Property Frederick County CPPA David, VDOT has reviewed the comprehensive plan amendment for the Brockton Property and offers the following comment: VDOT District Planning does not have any significant concerns about the proposed land use plan adjustment; however, close consideration will need to be given to the safety and operation of US-522 and the adjacent Rt 37 interchange during the rezoning process.The proposal would convert the subject property from a Rural Residential use to a Commercial use in the Comprehensive Plan's future land use plan. Existing zoning would remain in place until a rezoning application is submitted, at which time transportation impacts could be assessed and possible mitigation considered as part of the rezoning action.Added trip generation from the proposed use was estimated using the ITE Convenience Store/Gas Station (LUC 945) use and would be approximately 5,000 trips per day higher with the proposed commercial designation. The subject property would establish its primary entrance at the intersection of US-522& Rt 739/Apple Pie Ridge Rd with the addition of a 4th leg to the existing signal. VDOT's Potential for Safety Improvement (PSI) screening tool identifies this intersection and the adjacent westbound segment of US-522 to the east of the intersection as having a higher than expected frequency of crashes given the roadway characteristics.A screenshot is provided below demonstrating the PSI locations, with identified intersections shown as large red dots and identified segments shown as blue lines. The other colored dots represent reported crashes from 2017-2021, with gray being property damage only and yellow/orange/green representing injuries of varying severity. VDOT will work with any future rezoning applicant to provide these data and identify transportation impacts. 1 . a James At JF A `u J cv i CO Attachment I a (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-66.5-6395 STATE OF VIRGINIA COUNTY OF FREDERICK This day of JVD �Z ( ay) (Month) (Year) 1, VAVIOIL-- (Owner/Contract � (Owner/Contract Purchaseru'Authorized .'�*cnt) hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of' the Revenue Office as taken from the current real estate assessment records. elow—E—Emak— (Owner'Contract Purchaser,'Authorized Agent) (circle one) COMMONWEALTH OF VIRGINIA County of ' Subscribed and sworn to before me this I day of J cwt_tA—.R_ Off ) in my County and State aforesaid, by the forenamed Principal. NOTARY PUBLIC � tG My Commission expires: s EXP.•.• ���'' ..�..•'•�•. C c Special Limited Power of Attorney County of Frederick, Virginia x Frederick Planning Website: www.fcva.us j Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Brockton Land Trust Name of Property OwneOApplicant Please note- If the property owner/applicant is an entity,the name of the entity should appear aboNe If multiple persons own the property or are applicants,an executed power of auomey from each owner will be needed PO Box 809 Winchester, VA 22601 540-667-1266 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: do hereby make,constitute,and appoint: Pennoni Name of Attorney-In-Fact 117 E. Piccadilly St. Suite 200 Winchester, VA 22601 540-771-2087 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to applilion with Frederick County, Virginia for the following,for the above identified property: ✓ Rezoning ® Subdivision Conditional Use Permit F1 Site Plan ✓ Master Development Plan(prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or mo it. Signature - _ Title(if signing o behalf of an entity) State of Uf nt�� County/City of _ �*Qr� o��t 1� To wit. 1, (�%= `L_�_�e�l-E e�,a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this_.J day of 20_a3 _ ✓' My Commission Expires. U -30 -,A-Lap Notary Public -Nor F�+''.%jar Registration Number ©jj�•yJ. EXP. 'J`¢: BROCKTON PROPERTY COMPREHENSIVE PLAN AMENDMENT APPLICATION DETAILS AND STATEMENT OF JUSTIFICATION OWNER(S)INFORMATION 1. Name: Brockton Land Trust 2. Project Name: Brockton Property 3. Mailing Address: PO Box 809 Winchester, VA 22604 4. Telephone: (540) 667-1266 AUTHORIZED AGENT INFORMATION 1. Name: Pennoni Associates Inc, ATTN: David Frank 2. Project Name: Brockton Property 3. Mailing Address: 117 E Piccadilly St. Winchester, VA 22601 4. Telephone: (540) 771-2087 LEGAL INTEREST IN THE PROPERTY OR REASON FOR THE REQUEST: The entirety of the +/-6 acres of the subject property is currently located outside and adjacent to both the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA) boundaries and is located at the intersection of two major roadways, Route 37 and Route 522 Northwest Pike. This request would bring the full property within the SWSA and designate the subject property as planned Business in the Route 37 West Land Use Plan. PROPOSED COMPREHENSIVE POLICY PLAN AMENDMENT INFORMATION FOR MAP AMENDMENT a. PIN(s): 42-A-194 (1667 Northwest Pike) Magisterial District: Gainesboro District b. Parcel Size: 6.387 Ac (per Record Plat DB 454 PG 734 C. Plat of Area proposed for CPPA Amendment, including metes and bounds description: See Figureparcel plat and deed;Figure 3 UDA boundary Relocated. d. Existing Comprehensive Plan Land Use Classification(s): Rural Areas See Figure 2 current Route 37 West Land Use Plan e. Proposed Comprehensive Plan Land Use Classification(s): Business f. Existing Zoning and Land Use of the subject parcel: RA Rural Areas District)—Residential use g. What use/zoning will be requested if amendment is approved? B-2 (General Business District)- Commercial h. Describe, using text and maps as necessary, the existing zoning, Comprehensive Policy Plan designations, and/or approved uses and densities along with other characteristics of the properties that are within 1 mile of subject property: Included are plan graphics showing the current Route 37 West Land Use Plan (Figure 2, the proposed map changes to the planFi ug re 3) and the comprehensive plan land uses within 1 mile of the subject change (Figure 4). The approximately 6-acre tract is bounded to the west by RA zoned property, to the south and east by the existing Route 37 By-pass Right-of-Way, and to the north the Route 522 Northwestern Pike Right-of-Way. The existing access to the subject property is the fourth leg of the existing Route 522/Apple Pie Ridge signalized Intersection. Immediately to the north of Route 522 is the Frederick County Public Schools campus with James Wood High School and Apple Pie Ridge Elementary School. This campus encompasses most of the northeastern reaches of the 1-mile adjacent properties. In the easterly and southerly directions beyond the significant Route 37 By-pass ROW are well established and developed commercial areas and residential neighborhoods. The commercial areas areeg nerally just to the north and south of Rt 522. The residential areas reside to the south beyond the commercial and areeg nerally accessed via Fox Drive as it leads back into the City of Winchester. This area is a mix of traditional single-family detached residential lots and large tract residential lots. To the west of the subject property are large agricultural parcels, historically utilized as orchards, and mostly located within the Route 37 West Land Use Plan area. Finally, to the northwest and north of Route 522 are RA zoned properties currently with agricultural and residential use. The northerly reaches in this area (proximately 500 LF north and beyond the Route 522 ROW) remains RA zoned but no longer lies within the Route 37 West Land Use Area boundary. The Route 37 West Land Use Plan does not detail areas of significant development west of Route 37 as the UDA and SWSA boundaries follow the western ROW boundary of the existing roadway. The applicant would like to note that Frederick Water transmission infrastructure exists on the subject property and also outside the SWSA district boundary the application is seeking to change. See Figurespae 2 and 4. i. Adjoining Property Owners: See Attached List od7acent Owners j. Justification of proposed Comprehensive Policy Plan Amendment. This application addresses a relatively small parcel strategically located at an existing signalized intersection. The subject property also adjoins the current UDA and SWSA boundary lines. Furthermore, The property encompasses the southwest corner of two very key transportation corridors in Frederick County. The benefits of locating commercial areas adjacent to and along well traveled corridors are well documented. It is the applicant's opinion that modifying the SWSA district line to include the property at this signalized intersection would benefit the county through achieving revenue generating business land use in a location where an adequate transportation network is already in place. Any future rezoning application would be required to mitigate any impacts such as access, traffic signal improvements and appropriate buffering to the RA zoned properties to the west. The proposed plan amendment would impact transportation on major roadways with capacity for the proposed change. Modifications to the existing traffic signal and any associated roadway improvements to accommodate the future business land use can be easily achieved. Highway commercial land use will generate net positive revenues for the county. This land use will not increase demands on public schools and can mitigate public safety service needs through proffer contributions during a future rezoning process. Trip Generation Brockton Property 2023 CPA Existing Residential and Agricultural Uses: +/- 10 ADT Existing Comprehensive Plan Uses: no change to ADT Proposed Comprehensive Plan Uses: +/- 5,000 ADT Commercial (6 ac): +/-5,000 ADT Commercial ITE Codes considered: 945 Convenience Store Gas Station (Other commercial uses result in less conservative traffic impact volumes) Brockton Property 2023 CPA Application Adjacent Property List 1. Frederick County School Board PO Box 3508 Winchester, VA 22604 Tax Map: 42-5-D 2. Sara Smith 1316 Ambrose Drive Winchester, VA 22603 Tax Map: 42-A-213 & 42-A-215 3. BHS LC PO Box 2368 Winchester, VA 22604 Tax Map: 42-A-193 & 53-A-3 4. Frederick County Sanitation PO Box 1877 Winchester, VA 22604 Tax Map: 42-A-193A I r ���i __- __ _ rl�tl���lnu�ul�l In9nn In�IN•Ysu.,� 737 FIGURE 1-PAGE 1 -- _- y.1 r.,f 137 f ► \ I J1T }IfL.L .ire NBA'SO X0.3• � Y����� �J �\� scacE 4 t CaP 4flC] C 1,r,i4�� 6RUHWAY I�?i �#;EERNG & SURVVITN6 CO-- Wt Q. U. Box 665 OX9I4PGO889 IFIGUREl-PAGE2 'Ell 1 N F i HARRY K. BENHAM 111, 71.9' TRUSTEE FRUIT BILL ORCHARD. iNC- ; TM 42 ((A)) 194 44.8' f r' } 10' TEMPORARY ` I'CONSTRUCTION ESM'T�'} CL 30' INGRESS/EGRESS EASEMENT 30' PERMANENT SEVER & WATER EASEMENT EX. 40" POTOMAC EDISON CO_ ESM'T D6 728 PC 925 gJ• . 20' 'f h4b7 Pte'` �•'y�� CURVE LENGTH RADIUS C1 B.OS 743.00 LINE LENGTH BEAF�Ei�iG NOTES. Ll 490.05 1 NOL31'23"E 1. NO TITLE REPORT FURNISHED. PLAT 5HOKIING 2. EASEMENTS MAY EXIST THAT ARE NOT SU64. SE'WE'R & WATER EASEMENT and 3. PROPERTY LINES SHOWN ARE BASED ON DEEDS AND PLATS OF RECORD- 30' INGRESS/EGRESS EASEMENT thrpugh the land of HARRY K. BENHAM, III, TRUSTEE ,}STH ODEED L300K .4.54 l-- PAGE" 734 .p to be acquired by © -FREDERICK COUNTY SANITATION AUTHORITY Gdrnes-boro Afogrsreridl District Frederick County, Virginia AUGUST 28. 1998 SCALE- 1" 2GO' I'PL_AT•. PLAT5.DW`O I SHEET 1 OF 1 X70. oa;,g MARSH & LEGGE Land Surveyors. P.L.C. 139 North Comerorl Street Wnohester. Vlrglnla 22,501 (540) 657-0468 Fax: (540) 667-0469 VIROMW FTMOMCKCKMACTY,OT— n the Thfr ir]slru nRent w.lt4 was RRr$,gducf�� dayot ,781 at� erad wlih certlllea7a o aci,nawledgment thalato;meno� waa ryd I ed to record.TZX Imposed by Sec- S� eul nd 68.1-eOl hsva been pald.It aseess"16. C"rk FIGURE 2 'Albin Area Plan lan Rural Community ■• - - Eastern Road Plan , ""'�.., �„°.�,,� • ` — ■ st Center \ \i New Major Arterial �z. / • 0'%.*Improved Major Arterial "Fof � • sz - 0%♦New Minor Arterial - /**.0 Improved Minor Arterial _ 4'♦♦New Major Collector • • o Urban Development Area ^o Improved Major Collector O Sewer and Water Service Area •N♦New Minor Collector ^o Improved Minor Collector 0%,.0 Ramp �N..Land Use Legend -'\i Roundabout 0-L Trails O Business Residential z ® Institutional h Rural Community Center r 1j 4 N / City Of 7 Winchester 0 0.075 0.15 0.3 Miles The Comprehensive Plan Adopted November 10,2021 i Round Hill �K o Rural Community i' N o� �/ ''►Center '° p 4* Copyright:()2013 National Geographic Society,i-cubed S .. FIGURE 3 A/bi „ y ' Area Plan Rural Community ` i ' Route 37 West Eastern Road Plan ""'�.., Center _ \i New Major Arterial • ■ 0'%.*Improved Major Arterial s2 _ - 0%♦New Minor Arterial /%0 Improved Minor Arterial +Fy _r` ■• 4'%;New Major Collector Urban Development Area ^o Improved Major Collector O Sewer and Water Service Area •N♦New Minor Collector ^o Improved Minor Collector ^I RampLand Use Legend _,. . �i Roundabout 0-1%,.r Trails PROPOSED J� - O Business l BUSINESS ' �•, �. ��— '�LAND USE O Residential ® Institutional PROPOSED Rural Community Center SWSA BOUNDARY I r � N I City of / Winchester ~--�.� � •/ �a�!'�.,,, / 0 0.075 0.15 0.3 Miles �♦ n,^moo, � / i I I I i s " s / " •°� i- •� The Comprehensive Plan Adopted November 10,2021 Round Hill Rural Community N o� / ''►Center 1.41�' ! Copyright() \vE �,,, ♦`_` �, Copyrigh2013 National Geographic Society,i-cubed S FIGURE 4 ! '� � Area Plan Route 37 West Land Use Plan �4 2 �. . .■■ ■■ ��r .. -- _ �4,. _, �� ��Urban Development Area ''.••��� •♦♦♦♦♦♦.-\ .41 Sewer and Water Service Area ♦ i ��� ! `� �,•f``- Land Use Legend 1♦ , ♦' �' ♦♦. - O Business ♦ �`'h j.^� O Residential - -N.�♦! Institutional CDRural Community Center PROPOSED �! BUSINESS - LAND USE :52 • f PROPOSED SWSA BOUNDARY at to �+ 40 • '! • i41 ♦ r 1-MILE RADIUS �♦ APPENDIX I - AREA PLANS ROUTE 37 WEST LAND USE PLAN Route 37 West Land Use Plan 63 APPENDIX I - AREA PLANS RoUTE 37 WEST LAND USE PLAN Recent land use decisions and development trends have drawn attention to the land within the Route 37 western by-pass area between Route 50 and Route 522. In 1996, 50 acres adjacent to Route 37 and Route 50 were rezoned for commercial use, while land adjacent to Route 37 and Amherst Street within the City of Winchester has continued to develop to accommodate the Winchester Medical Center and the Shenandoah University Pharmaceutical School. It has been indicated that build-out of the site within the City of Winchester is inevitable, if development associated with these uses continues at its current rate. In 1997, Frederick County undertook a study within this area to identify the most desirable land uses and plans for the future area as a whole. The goal of this study was to balance the economic development opportunities associated with the existing development activities while limiting development potential west of Route 37, promoting the continuation of agribusiness activities, and protecting the pristine landscape of the area. A study area for the Route 37 West Land Use Plan was identified within the county which encompassed 645 acres. This area is bounded by Route 522 to the north, Route 37 to the east, the Round Hill Community Land Use Plan boundary to the south, and a definitive ridge line to the west. The predominate land use is orchard and a portion of the study area includes a core area of the Battle of Second Winchester. Land Use Components Approximately a 120-acre area located in the southeastern portion of the 645-acre study area has been identified as a location for potential business concentrations. It is envisioned that this area should be planned for an office park-type development which complements the medical center and pharmaceutical school, while providing retail services that cater to these uses and the community within the proximity of the study area. The remaining 525 acres within this study area should remain in its present, pristine condition, continuing the present land use of orchards while preserving the historic integrity of the battlefield, as well as potentially significant properties identified in the Frederick County Rural Landmarks Survey. Transportation Components Future road networks are proposed for this study area which link the 120-acre business and retail area with Route 37, Route 522, and Route 50. A system of major collector roads is necessary to promote the safe and efficient movement of traffic through this area. The Winchester Medical Center has coordinated with the Virginia Department of Transportation to develop an interchange on Route 37 that will provide direct access to the medical center. This plan promotes the expansion of this interchange to provide limited access to the west, while linking the 120-acre business and retail area to this interchange through the development of a major collector road. The development of a major collector road system which links the 120-acre business and retail area with Route 522 and Route 50 is also Route 37 West Land Use Plan 64 APPENDIX I - AREA PLANS necessary to promote and efficient north-south traffic pattern through this study area and the DeGrange property which borders this development pod to the south. Sewer and Water Components The Route 37 West Land Use Plan calls for the inclusion of the 120-acre business and retail area within the Frederick County Sewer and Water Service Area. This inclusion is necessary to ensure compliance with county policies regarding proposed zoning changes from rural land use to commercial land use. The extension of the Sewer and Water Service Area has been done independently of the Urban Development Area. Therefore, residential development is not proposed or encouraged for this study area. Route 37 West Land Use Plan 65 '`'Albin i`� a Area Plan Rural CommunitRoute 37 West Eastern Road Plan '•�•.. Center °.,..w� • - +' Use Plan \i New Major Arterial �z. / • 0--,0 Improved Major Arterial /{; 52r I ! - 0%♦New Minor Arterial - ��Improved Minor Arterial %;New Major Collector Urban Development Area ^;Improved Major Collector -. ��{y`J�yI/*{��a ' O Sewer and Water Service Area •�;New Minor Collector ^o Improved Minor Collector ^,Ramp �...Land Use Legend �i Roundabout 0-1%,-,Trails _: - .,'{ - O Business Residential ® Institutional Rural Community Center �z j • 4 N City Of t Winchester 0 0.075 0.15 0.3 Miles I " •" i-"° / / di The Comprehensive Plan Adopted November 10,2021 Round Hill Rural Community N o� �/ �''►Center Copyright:()2013 National Geographic Society,i-cubed S