HomeMy WebLinkAbout08-12 Applicationz
cotmi
Department of Planning and Development
540/665 -5651
1738 FAX: 540/665 6195
January 11, 2013
Ro_nMislowsky, PE
Patton H_ arris Rust & Associates P
11TE. Piccadilly &.,, Ste. 200 -
Winchester, VA &,22601
RE: REZONING 408 -12, EA. STGATE COMMERCIAL ;
PINS: 76= A =53J, 76 -A -53I , 76 A -53L, 76 -A -53M and 76- A-53N'
Dear Ron:
This
tY Supervisors, at ",
n
meeting - serves to confirm 'action -taken, by
the; Frederick Coun , Board �of their
g of January 9, 2013. The-above-referenced application• was approved to revise 'proffers
associated with Rezoning #02 -07.. 'This revision, relates to the "Transportation" section of the
proffers. The properties are located west o f Front Royal Pike (Route 522 south) atthe intersection of
Front Royal'Pik_e and Maranto Manor Drive, on the south side of _Maranto :.Drive, in;the Shawnee
Magisterial. District.
The proffer,statement, originallydated November, 13, 2006, with final revision date,of November 1;
2012, that 'was approved as,a part of this rezoning application is unique; to the above referenced
ro erfies. and °is binding regardless of ownership. Enclosed 'is; a copy of the adopted ,proffer'
p -p .
statement: foryour. records. Pursuant to §16"5.- 102.06E, 'the ,County Attorney will present the
written proffer to the - Frederick. County Clerk of Circuit Court.for recordation.,
Please do-iiot hesitate to contact this .office if youhave any questions regarding the approval of this'
rezoning :application.
�Sincerel
John A.:Bishop,. AI
Deputy Director - Transportation
i -
i JAB/bad
Attachment
cc Gene, Fisher, Shawnee Magisterial District Supervisor.
.Lawrence Amhrogi land H. Paige Manuel, Shawnee Magisterial District Commissioners
t _
,Jane .Anderson; ;Real- Estate
Commissioner of Revenue
Winchester South LLC, 10055 °RedRun.Blvd. Ste. 1- 30,.Owings Mills; MD 21117-
Rod Williams, County Attorney w /original. Resolution and Proffers
107 North Kent'Street, 'Suite 202 Winchester;, Virginia, 22601 -:5000
REZONING AT
APPLICATION�� #08 12
EASTGATE COIVIME'RCIAL
-Staff'Reporf for<the Board of Supervisors"
- p. ,:2012; °
Staff Contact; John;:A Bi
a, a Pre aced December 31. ,
V shop, A P; .Deputy Director Transportation.
•�Revi'ewed Action
Planning Commission; 12/0542; Recommended approval
Board of:Supervi "sors Ol%09%1 °3 Pending
;PROPOSAL", To revisei,proffers associated with Rezoning #02-07., This revision relates to the
"Transportation" section A'the proffers..,
LOCATION:.
' The- 'properties are. ,located'` west of Front Royal Pike (Route 522 south). at the
•mterseetion -of Front Royal Pike and, Maranto, Manor Driue, on'the south Sside of'Maranto Manor Drive.
EXECUTIVE SU•MIVIARY; & .STAFF, CONCLUSION - FOR THE:' V09/13 BOARD OF
SUPERVISORS' MEETI,NG,
` This is a minoriproffer=revision.-to,-al low left turn access into the parcel from Maranto Manor Drive.
Thi's access .was previously; proffered out. ,In addition,, the .proffers construct the;:access .,point and
clay fy`the l' 'ited access °to -the parcels,on the north side,of,Md anto..Manor.Drive in this •location.
This.modification has,ibeen modeled, and VDOT.and Staff are satisfied that it wi'll`function properly
as`proposed, although' VDOT`does.note- continued reservation's in their, comment.
Following the✓,public, meeting, a °decision regarding this rezoning. application by the Board of
Supervisors would bev appropriate. The applicant should be prepared to adequately address;.all::
.concerns ;raised'¢y, thesBoard.of Supervisors.
Rezoning #08-1'.2 — EastgaW Commercial'
December 31',.2012
;Page�;2
"° This r, "eport is prepared by- the Frederick County Planning Staff to provide:informaton to the:.
" PIOW Commassion� and the Board of Supervisors'to assist4.them in' raking a: decision, on this
application. If mqy also be',us'eful' io ,others,interested,. iii this 4 nin-- matte_r.. Unresolved issues
concerning,this'appliedtdn' are °noted by staff where relevaht'throughout, t /is staff report
Reviewed Action.
Planning :Commission,• M,0542; Recommended approval
Board of Supervisors: 01/04/13 Pending,
PROPOSAL: To revise proffers`ussociated with Rezoning #02 =07. This revision relates to the
i "Transportation" section of the proffers.
LOCATIONS The properties ear & loca "ted west of Front .Royal Pike (Route 522, south) at the:
intersection of:Front;Ro al. Pike..and - Maranto Manor Drive on the, south'side of Maranto Manor Drive:
MAG'IS.TERIAL. DISTRICT Shawnee
4 'PROPERTY ID NUIVIBFRS ' 76'A-5,3J, 76- A -53K,, 76=A- 531,_767A-,53M •.and 76 -A -53N
•PROPERTY "ZONING B2:,(General.Business) District
4
PRESENT USE Vacant
ADJOINING PROPERTY ZON ING & PRESEENT` USE:
North:' .132 'User Commercial
South; RA U se Residential %Ag
East, RA Use: Residential
West: M1 Use: Distribution Center
1 REVIEW EVALUATIONS;
Virginia Dot of Transportation: VDOT staff has completed the I&hnical .review of the= revised:
TIA for the° Winchester Soiith Median Crossover .for. Lots 3A & 3B and also the revised proffers
dated .October 2, 201'2., We. concur' with the analytical findings of `the,"'TIA and have no 'additional
comments: on. the revised proffers: Therefore, VDOT'would sallow- the installation of: the crossover,
if the County ,apptoves� the, proffer amendment. Even, though .the°TIA :Bows the crossover - working,
and there are no' regulations that would prevent; its installation. VDOT':still has concerns with the
short weave :and how this crossover` location will actually function under real traffic conditions.
Please °be aware; in the future,° `should safety issues arise and the crossover becomes problematic,
VDOT.could,rerriovo =the crossover:
Rezoning #08 1`2 = astgate Commercial
December�31, 2012
Pager?
v
•
'Coutity, Attorn0-: .Please `s_ ee attached letter from .Rod 'Williams; County Attorney; dated-'October ,
( Plannngti& Zoning:
i 1) Site History'
V Previously RA in zoning, these pr"operfies, were rezoned to 132' as apart 'of the Eastgate•
- Commercial center in 2007:
22, Cdi prel ensrve Policy .Plan
der ck Courity Comprehensive Policy Plan is an official public - document; that, serves
as the c.
T,he Fre
' ommunity. guide ;for making decisions regarding development; preservation; public
- factlrttes and other key components of c- omrriumty Life. The primary goal ,of thi's •plan is to
protect t and improve, the living environment withiri�• Frederick County. It is in: essence a�
composition :of policies .used to plan for the future physical, development of Frederick
County., [Comprelie ' ' w, Policy Plan; p: l -1 J,'
Transportation :..
The .transportation ,modifi(ations proposed are at :a level. of detail not: addressed by the
Con rehensve Plan. Other, aspects of ransportation; such_as complete:
- streets, have already
p -
been addressed, by the pevously approved, development proffers:
3) Proffer, 'Statement — Originally dated February _9, 2007, with final' revision date of
5 � .
i. _6vember 1 2012..
A) Residential Land U'se
B) Commercial, Land, Use.
C) Masier, Q6elopmeiit•P.•lan,
D) Transportation
T. Allow , .•
left turn: access into the parcel from :Maranto Manor Drive. This access was°
previously' ,proffered out.. In, addition the proffers construct the. access point and
clarify the limited, access to the parcel's on.the north: side, of Maranto Manor Drive; in
. this location.
E) Community Facilities:
STAF.F`"CO ' LUSIO 49•, 0R TI3E 12/05/12 PLANNING CO1V MISSION:MEETING:
This is a minorproffer revision °t'o allow left turn access; into the; parcel from Mar
anto Manor Drive:
This access In addition the proffers construct the access point and
'.. clari v the limited access to the parcels on,the north.s de ofMaranto Manor Drivel in this•location.
Rezon-ng #08 12 — Eastgate Coitmercial
Deeembet 3 1, 2012"
Page 4
Tfffs mod'ificatiorrlha& been ;modeled. and VDO:T and Staff are satisfied that.. it, will function properly
as proposed'.
PLANNING COMMISSION °S.UMMARY &;ACTION,OF THE .MEETING OF 1`2/,0571'2:
r The qpplicant%i representative stated that; a full TIA was submitted, allowing VDOT',to evaluate the
71 i
levels of service at this entrance, as well us the effects on. Route 522; he said VDOT approved the
TIA,, along with the revised version of the proffers.
+
There w. ,,ere; no' citizen comments.,
>- Coi unulssioners; noted `this° was u, minor revision and 'yps good plat nfng Furt hermore; 'it was
recognized the revision was` VDOT approved and staff -had concurred with VDOT's approval. No
issues were raised and`the Cominission.unanimously recommerided:approuaL
Note. Cbmrnissibners Thomas an, dLeT111e.UX were ,ghsent,from,the ,'inee`ting.)
v�
man
•
• 53J, 76 • 53K, 'i-
: • o ��. -kx t
�' <.: d t R
r 5,r
,tip: T,qs
16 A13W
642" F,
it �',r,,r (�F �O' •'%�"�c{r '` sail, ylr+� r,t�.q•*r2^ }'°.
,� *'q6 f�, E.y'? z ier �''� i {}_ •"� 'r,. r i c j ��j'. +t r
O• ��`+:4' • tl4R. • •, B -...� �' `� -�' r; ±n. �i yj ,mot
`'✓;:1:1:.` ,5 , s, x1
V ` ' • r.. i(,7li,J
Y+�' 522 • ;R
VIA
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i
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�9
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O, 'tin It
ZA
W, Zam
�f • e�
EASTGATE
COMMERCE CENTER
�+ Subdivision• l
Rezoning
Q Parcels
Building Footprints
131 (Business, Neighborhood District)
B2 (Business, General Distrist)
4M B3 (Business, Industrial Transition District)
4M EM (Extractive Manufacturing District)
40 HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
87A41,
REZ # 08 - 12 Note:
East ate Commercial Frederick County Dept of
g Planning 8 Development
PINS: 107 N Kent St e
76 - A - 53J, 76 - A - 53K, Suite 202
76 - A - 53L, 76 - A - 53M, Winchester, VA 22601
76 -A - 53N 540 - 665 - 5651
Map Created: November 9, 2012
Staff: oforrar
0 75 150 300 Feet
REZONING,,APP.IICATION FORM
FREDERICK COUNTY, VIRGINIA
To .be completed, by Planning Staff
F`ee AmountPaid
Zo ing Amendment Number Date Received l t" ,
PC Hearing Date anng Date
//i _ B He
� t � � °OS �
-
The.fo`Ilowing information shalt,he provided by the appheant.
All parcel identification numbers; dgedibook and page, numbers may be obtained from theOffice.of
the Commissioner of Revenue, Real Estate Division,' 107 .North;Kent Street, Winchester.
L .Applicants
Name: 'Patton Harri's'Rust & Associates Telephone. (540) 667- 2139:
c /o'Ron Mslowsky;PE
Address: - 1I7 E: Pic•cadilly,, Street, Suite 200
Wmchester,: VA 22601
I 2. Property Owner (if dfferent>than above)'
Name Winchester,, South LLC• Telephone: (410)'356-75820"
Address: M51 .5 Red Run:Boulevard, Suite .130
Owings Nlills, MD 2-11'17
3. Contact,person if other thin above
Name: Telephone: -
4. Gheckliist: Checkthe following items that have been included with this application;
Location map X Agency'Comments X
Plat X Fees X
Deed to, property, X Impact Analysis, Statement X'
Verification of iaxes'pa d X Proffer Statement X
12
9:'The° following infor- matonshould'be.proyided according to °the type of rezonilhg
proposed'
Nuniber,of Units Proposed
,
Single:Family:homes Townhome Multi - Family:
Non= Residentia'1 Lots: M6bile Homer Hotel Rooms:_
Square Footage ,of Proposed. Uses
Off ce: _ Service Station:
Retail: Manufacturing, .
:Restaurant: Warehouse`:
Other:
9. Signature:
I (we), the undersigned, do, hereby respectfully make application: and'petition the Frederick
County-Board,of,Superwvisors,to, amend the,zoning ordinance and to'chainge the zoning map
of Frederick C,.ounty' Virg I inia. (we) `authorize Frederick County officials to enter the
property, for site' inspection `purpo- ses, ,
I ("we e),understand thai the;sigh issued when,th s app' catiQnAs submitted must:be placed at " ;
` the front property line,at°least�seven days prior,to the Planning Commission public hearing,
and the.Board.of Sup ervisors�pullic'hearing and: fnaintained_so as to be visible from the road
`right -of4ay until tl 'e. hearing
I we)
-hereby certi , that ahis a _ lication and.'its accom a"
in materials
y fy p,p ' p ny g, as are true .,and
°accurate to the best of my (6ur)4knowledge;.
SpMAI Limited PowervfAltotnpy.
County of Frederick; W irgiba
: ing
Frederick 0 l ann ,
` 1 f www-co.frvillerickva.us.
Department of Planni 0g & Development County, offrgoerick, Virginia,
107 North, Kent. Street, Winchester Virginia 22601
Phone, (540) 665w5651 Facsimile:
(540), 665 =6395'
Know,AlLMen By These Presents-- That I (:We)
(Name) Wih6ester-.S outh-, LLCM :
(Phone) (4-1:0) 356-5.820
(Address) I0055-.Red-Ruti,BQul'e*vard,�Sttite:130', Suite 130, Owings Mills,,MD.21117.
the owner(s) Of'affthbik- tracts iot- -parcels 'of ,land ( "Property ") conveyed' to me (us); by deed,recorded'in the
Clerk's Office ofthp' Circuit Court of t It
he. County of Frederick; 'Virginia; 'b
by
IffstruffiOrit No; 17759, on ri Page,. and is described, as
Tax Map 76 -.A -53K
,do herebv, make; constitute and appoint:
(Name),, Patton .flarris Rust &Associ'ateg/A Pennoni Company (Phone) (540) 667-2139
(Address) 117 E} Piccadilly Street Winchester VA 22601
'To act as my' true ,and •awfuLattorney-in rfact for and in my (our) name, place "and stead with full! power -and
would have if acting personally -to -file plefiitiiiig,�,ii-plicdti0iis; for my�jbtfr) ab�oye'.,described.
authority`. 14*0.- 0 p
Property, including:,
e ion n-
, ii g''(includilig proffers)
-Conditional'Use Permit:
Master, Development Plan (Pire1jininary and Final);
u ivision
-:Site Plan
Variance or,Appeal
My- attorney-in4act shall, baye the'authorit,' to offer proffered conditions and'to make, amendments to previousN,
approved Oioffbt6d, conditions except as follows:
This atith6rizatiomshall expi*re, one,yedr from the day'it is signed, or until", it i I s otherwise, rescinded, or modified.
i -
Inwifness thereof,1 (wq) have herdo set my (our) hand and seal this /'""day of
V
14 -,Y�4AM
State: of V-ifg4mq-,.CiWrc=oug of c.AP_q_o L-,-- To-wit:
f
a Notary Publie in and forthejurisdiUion-a o,psa,!a,
"if to the foregoing instrument personally appeared beforer�,mck-.1in
certify that tfie" person(�) , who 'signed
ackn6*Jc-d96d'4he same 66tbtc,me in the jurisdiction aforesaid this L5 I-S.' flay of
_ Os 20 V?—
MY Commission.Expires.
/( 44IR/K
'Adt*'Public
4
Rezoning .#08r = ,Eastgate Commercial
November 13, 20. 12'
Page::2
'This report; is prepared by the Frederick County Planning Staff provide ;information to the
Planning Commission and -the Board of Supervisors to assist them in making a decision on this.:
application. It may also be useful to, others interested in this zoning matter: Unresolved issues .
concerning this application are noted by staff where•relevant throughout this staff report
,,Reviewed. Acfioi►
Planning Commission: 12/05%12 Pending
Board of Supervisors: 01/09/13 Pending
P
PROPOSAL: To :revise proffers . associated with Rezoning 402 -07. This revision' - relates' to the .
Transportation .section, of the proffers..
LOCATION: The properties are located ~west, of Front Royal Pike (Route 522 south) at -the
intersection of front;Royal_ Pike and Maranto Manor Drive, on the 'south side of 1Vlaranto Manor Drive:';
i
MAGISTERIAL DISTRICT: Shawnee<
PROPERTY ID NUMBERS: 76- A -53J, 76- A- 53'K,'76- A -53L, 76 -A -53M and'76 -A -53N -'
'PROPERTY;ZONING::B2 (General Business) District
PRESENT USE: , Vacant
ADJOINING' PROPERTY ZONING & .PRESENT USE:
.North: B2
Use: Commercial.
South: RA _ Use: ResidentialUAg
East: RA = Use: Residential
West` MI Use: D" istribution Center
-
REVIEW'EVAL" VATIONS:
p ed the technical review.of the'
Vir.gmia:Dept: of Transportation: VDOT staff has .eom let � � � revised
TIA for the Winchester South Median Crossover for Lots 3A & 3'B and also the rey; sed proffers
dated, October 2012. We concur with the analytical findings of the TIA- and have -nu additional: '
comments on the revised ,proffers. Therefore, VDOT' would allow the installation' of the crossover,
if the .Even though the VA shows the' crossover working,
g . preven =
and there uare nopre regulations t onsrthat woulddment. prevent 'its. installation; VDOT still has concerns_ with, Abe-
short weave and how this crossover location will actually :function under. -eal traffic conditions;;. •,
j Please be aware, in the future, should_ safety issues arise and the crossover becomes. problemaiie
VDOT could remove the crossover
Rezoning #08-12'— Eastgate Commerc_'ial
November .13,.2012
Page 3 - _- .- '., `• . ; " .. -, , , ,, .
County Attorney: Please see attached letter from Rod Williams, County Attorney, dated. October
2,,.2012;
Planning & Zoning
1) - Site,History
"Previously 'RA in zoning, these properties were rezoned to B2_as a .part of the .Eastgate
Commercial :center in 20:07.
2) ,Comprehensive; Policy Plan
The" Frederick County Comprehensive Policy Plan i's an official public do"curr enfthat "serves
as the .community's. guide.for:making decisions regarding development; preservation; public
facilities and other key components of community life. The primary goal .of this plan.is'to
P rotect and 'improve the living environment within Frederick 'County: It is j, .essence a
composition of policies used to plan for the future physical, development of Frederick
County: [Comprehensive Policy Plan, p :. f-1]
Transportation _
The transportation modifications proposed' are at a level of detail not, addressed_ by the
Comprehensive Plan. Other aspects of transportation, such as coinplete `streets; have already
been addressed by the previously approved development proffers. ,
3) Proffer Statement — Ori °mall dated February 9, 2007, with final" revision -, date :of,
g� y ,
November 1.:2012..
A) Residential`'Larid Use
E:) - Commercial Land Use
C) Master Devel'opm'ent Plan
D) Transportation
Allow left turn access into. the: parcel from Maranto .Manor Drive. This access- WAS., '
previously proffered out., In addition, the proffers construct, the access 'point and
clarify the limited - access to the parcels on the' north, side of Maranto Manor Drive in
this location.
,
E) Community ,Facilities
STAFF CONCLUSIONS' FOR THE 12/05/12 PLANNING COMMISSION" MEETIN.G:
This is a,minor proffer revision to (allow left -turn access into the parcel from „1Vlaranto;Manor Drive:°
This access was previously proffered out. In addition the proffers construct, the. access point and
clarify the limited access to the-parcels on-the:;north side of Maranto Manor Drive °in this location: r. _