HomeMy WebLinkAbout03-15 ApplicationJune 15, 2015
Mr. Gary Oates
GreyWolfe, Inc.
1073 Redbud. Road
Winchester, VA 22603,
RE: REZONING #03 -15 MBC, LC`
PIN: 55-A-34 and 55 -A -34A
Dear Gary:
COUNTY of FREDERTCK
Department of Planning and Development
540/ 665 -5651
Fax: 540/ 665 -6395
This lefter serves to. confirm action taken by the Frederick County, Board of Supervisors at their
meeting on June 10, 2016. The above- referenced application was approved to rezone 2:96 + /-
acres, as follow: 0.60+/-.acres from MH1 (Mobile Home Community) District to B2 (General
Business) District and 2.36 ± /.. acres from B3 (Industrial Transition) Di'stri'ct to B2 (General
Business) ,District with proffers approved as amended at Board of Supervisors meeting "on June
10; 2015. The properties. are located on the southern side of Route '7, and 3/ miles east of
Winchester at Eckard Circle in .the Redbud. Magisterial District:
The: proffer. statement, originally dated February '26, 2015, with final revision date of June, 10,
2015, which reflects'the approved proffers as 'amended at the Board of.`Supervisors meeting on
Jurie 10, 2015 that were subsequently signed by the Applicant. Theeproffers were approved as a
part of this rezoning application ,is unique to the above referenced- properties and is binding
regardless of ownership. Enclosed is a copy of the adopted` proffer statement for your records:
Pursuant to §165.102.06E, the County Attorney will present. . the written proffer to the
Frederick County Clerk of Circuit Court for recordation.
Please do .not hesitate to contact this office if you- have any questions regarding the approval of
this rezoning application,
Sincerely_,
Michael T., Ruddy, „AICP
Deputy Director
MTR/pd
Attachments
cc: Jason E. Ranson; Supervisor Red Bud District
Charles Dunlap, and Christopher Mohn, Red'Bud District Planning Commissioners'
Jane Anderson, Real Estate,
Ellen Murphy, Commissioner. of Revenue
MBC, LC, 202 North Loudoun St., Winchester, VA 2260.1
1.07 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5'000
Rezoning: RZ 4 03 -15
Property: Area: 2.96 acres
Tax Parcels 55= (A) -34 & 55- (A) -34A,
Record Owner: MBC, LC
Project'Name: MBC Rezoning
Original Date of, Proffers: February 26, 2015
Revision Date: April 3, 20.15
May 11, 2015.
June 1, 2015
June 10, 2015
Magisterial District,; Redbud,
Pursuant to Section :15.2 -2296 Et: Seq: of the •Code of Virginia, 1950; as
amended, and the provisions, of the: Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned owner hereby, offer the following proffers that in the
event the Board of Supervisors of Frederick' County, Virginia; shall approve Rezoning
Application #. -15 for rezoning of'- 2.96 -acres from the B -3 & MH -1 'Districts to General
Business (B- 2),Dstrict,.development.of the subject property: shall be done in",conformity-
With the terms and. conditions set forth herein; except to the extent that such terms and
conditions may be subsequently amended or revised by the owner and such are approved
by the Board of,-. Supervisors, in•accordance with the said Code -and Zoning Ordinance. In
the event that such rezoning, is hot granted, then these,yroffers shall be, deemed
withdrawn and have. no effect-whatsoever. These proffers shall be: binding upon this
owner and their legal successors, heirs, or assigns.
The Pto.pertiesr are: rnore particularly described as the lands conveyed to MBC, LC
from Mildred F. Cole as recorded in the Frederick. County Circuit CourtClerk's Office - as
instrument #00013492 dated. December 1, 2000.
Proffers:
1. Transportation
a. .Access
i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard.
Circle ishall he - closed prior. to thee- first occupancy permit.
ii: An entrance onto Eckard Circle-shall be; utilized until development on
the Properties creates more than 500 VPD.
iii. The western entrance-on the Properties.from Berryville Pike (Route 7)
shall be improved to current VDOT standards_ prior`to the first
occupancy ,permit.
iv.. A right turn -lane warrant: analysis shall be submitted with -any site plan
for any site entrance located along the frontage of Route 7.
b. Dedication and Pedestrian Access
i. The owner hereby proffers to dedicate additional land along Berryville
Pike to provide a minimum of 60' of right of way, from the centerline
of eastbound Route 7.:T is' will be done prior to the first occupancy
permit.
ii. The. owner hereby proffers to construct a 10' paved hiker/bike trail .
along the Property'S frontage with Berryville Pike per the 2030
Comprehensive Plan. This is will be done prior °to the first. occupancy
permit.
iii. The. owner proffers. to contribute $10,000=to Frederick County for
`transportation, . improvements' along Route 7 when uses generate more
than 500 vehicle trips per day (VPD) computed at,site plan
submission.
i'v.. When uses on.the,Properties generate morethan'1;500 VPD as
computed..at`site plan submission; the owner will, contribute an:
additional ,$%0,00 io Frederick County for transportation
'improvements along Route, 7.
2
c. Development Cap
i. In conformance with the Traffic Impact Analysis prepared by Stowe
Engineering; PLC in 2015, the development of the property shall
generate.a „maximum of 2,977 vehicles per day per the 9th edition of
ITE Trip "Generation. If a property use :is proposed with a higher daily
trip generation at site plan submission, a revised Traffic Impact
Analysis shall be included with the submission of the site plan.
2. Fire & Rescue - Monetary Contributions
a. The owner hereby proffers a cash contribution to Frederick County, for Fire
and Rescue purposes,. of $0.10 per building. square :foot to be disbursed to the
Frederick, County Fire and Rescue Department; to, be. paid prior to each final
site plan approval. The term "building square foot” shall be the combined
floor area,for each story.
3. Considerations for neighboring Mobile Home Park:.
a The owner proffers that outdoor construction. activities, on.the Properties,
shall not begin prior '7':30 AM and will conclude no later than 7 :30 PM.
The conditions proffered above shall be binding upon heirs, executors,
administrators, assigns, and successors in.the interest of the owner and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered;conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code and Ordinance.
Respectfully Submitted:
By: �x� fr a y — s.r -e j
MBC, LCc' r it -r- lE Tt�- Date
Commonwealth of Virginia,
City /County of ! vti� ��%es ' To Wit:
The foregoing instrument was acknowledged before me this �5 day of 20 IS
By
l
I� ` Public Registration Number
IVIy Commission Expires
k]
June 1.1, 2015
Mr:. Gary Oates
GreyWolfe, Inc.
10.73 Redbud.Road.
Winchester, VA 22603
REi REZONING-
' #0345 MBC, LC
PIN: 55 -A -34 ands55 -A -34A
Dear Gary:
This letter .serves to confirm action'taken »�by the Frederick. C'ounty'Board7of Supervisors at their
meeting on 'June 10, 2015: The above - referenced application was approved to rezone 2.96 ± /-
acres: as" follow: 0.60 + /- acres from MH1 (Mobile Home Community) - District. to B2 (General
.Business) District and 2.36 + /- acres from 13-3, (Indu -strial Transition)' District to B2 (General
Business) District with proffers approved as amended at Board of Supervisors: meeting on June
'A, 2015. The ,properties are located on the: southern side :of Route 7, and 3/ miles east of
Winchester at Eckard Circle in the Redbud.Magistenal District.
The proffer statement, originally dated February 26; 2015; with final. ;revision date of June 1,
2015, proffers approved os amended at the Board of Supervisors ,meeting, on June-10, 20.15. The
proffers were- ° approved as a part of tYiis rezoning application is .,unique to the above referenced
properties and- is binding regardless of ownership. Enclosed is. a- copy of the adopted proffer
statement for your records.; - ,Pursuant to ; §165:102.06E, the:County Attorney will present the.
written proffer to the Frederick - County Clerk of Circuit-Court for recordation.
Please 'do not hesitate to contact this office if you have any 'questions regarding the approval of
this rezoning application.
Sincerely,
Michael T..Ruddy, AICP
Deputy'Director
. MTR/pd.
Attachment
-
cc: ` Jas onw.E; Ranson;: Supervisor Red Bud:Distriet '
Charles Dunlap" and Chri stopher Mohn, Red Bud District Planning Commissioners
Jane Anderson, Real' Estate
Ellen, Murphy, Commissioner of Revenue
MBC, _LC,,.202North.Loudoun St., Winchester, VA 22601
Rod Williams, County'Attormeyw/Proffer and Resolution
107 North Kent. Street, Suite 202 • Winchester;, Virginia- 2-2601 -5.000
�4
REZONING APPLICATION` #03 -15
MBC., LC
Staff Report forthe Board of Supervisors
Prepared: June 11,2015
Staff'Contact: Michael T Ruddy, AICP, Deputy Planning Director
Reviewed, Action
Planning Commission: 05/06/15 Recommended Approval
Board of Supervisors: 06/10/15 Pending.
PROPOSAL: To rezone 2.96 + /- acres as follows: 0.60 + /- acres from MH 1 (Mobile Home Community)
District to 132 (General Business) District and 2.36 acres from 133 (Industrial Transition) District to 132
(General Business) District with proffers.
LOCATION: The properties are located on the southern side of Route 7, and 3/4 miles east of
Winchester at Eckard Circle.
yDATION AND EXECUTIVE SUMMARY F(
The Planning Commission recommended approval of this rezoning request, an application to
rezone a total of 2.96 acres of land from MH1 (Mobile. Home Community) District and B3'
(Industrial Transition) District to B2 (General. Business) District with proffers, to accommodate
commercial uses. Planning Commission members inquired about the importance of a site plan in
regards to the number of vehicle trips per day and requested clarification of the proffer for the
hiking/bike trail., The Applicant -noted there is a challenge with a site this small., This was followedby a,
Commissioner who noted it may be helpful to incorporate a GDP with the application.
The Applicant has provided a,'revised proffer statement'dated June 1,2015 that has-made further,
adjustments based on additional comments provided by VDOT. Please see the letter provided by
Mr;.. Oates; dated June 1, 2015, that describes the changes (letter attached). While these changes are
mostly organizational, it should be noted that one comment, Comment #1'3 from VDOT regarding
vehicle queuing at the, Regency Lakes left turn lane from Route 7 eastbound,, is outstanding. This
comment has been addressed by the Applicant by recognizing their potential future contribution to the
overall pedestrian improvements.in the area, rather than the turn lane improvements on Route 7 at the:
intersection of Regency Lakes Drive.
In summary, this 1&an application to rezone a total of-2.96 acres of land from 133 (Industrial. Transition)
District with restrictive proffers and the MH1 (Mobile Home Community) District to 132 (General
Business) District with proffers to accommodate commercial uses. The property is located within
Urban.Development Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the
proposed commercial land. use designation for this property is consistent with the current land use'
supported by the Comprehensive Plan which continues to promote the existing commercial land uses
along the'Route 7 corridor. This general area continues to contain and promote both commercial and
residential land uses.
Rezoning #03- 1.$MBC, LC'
June, 1,,=2015
Page 2
With this rezoning; the appliearit;has proffered that'this project will contribute to off-site pedestrian,
improvements based upon an increase in. the intensity-of the use of this site: With a maximum cap on
the'total Vehicle Trips per Day for this site: of '2,799 VPD, the iransportation,impacts associated with
this request are limited to an extent'. The Board should evaluate if'the approach to, addressing the
transportation component. of the application i& acceptable, and the amount; of the potential proffer
appropriate. Aside from this, tl exapplication appears to.have<mitigated many ofthe.inipacts associated
with the ;rezoning :request. The Planning Commission :affirmed this. with their recommendation' of
approval.
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•
Rezoning 403-1 5 V1BC -, LC
June 1, 2015
Page 3
•
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and', the Board of Supervisors to assist'them in making a decision on this
application. It may also be useful to others interested in this zoning matter„ Unresolved issues
concerning this application are- noted by staff where relevantthroughout this staff report.
Reviewed Action
Planning Commission: 05/06 115 Recommended Approval
Board of Supervisors: 06/10/15 Pending
PROPOSAL :'To rezone 2.96 + /- acres as follows: 0.60 + /- acresi fromMHI (Mobile Home Community)
District to B2 (General Business) District and 2.3;6 acres froma93 ,(Industrial Transition) Districtto B2
(General Business), District with proffers.
LOCATION: The properties are located on the southern side of Route 7, and 3/4 , miles east of
Winchester at Eckard Circle.
MAGISTERIAL DISTRICT:. Redbud
PROPERTY ID NUMBERS: 55-A -34 and 55 -A -34A
PROPERTY ZONING: B3 (Industrial Transition) with Proffers that allow only one use; Mobile
Home Sales.
PRESENT USE: Vacant.
ADJOINING PROPERTY.ZONING & PRESENT USE:
North:: B2 (General Business)
RP (Residential Performance)
South: MH1 (Mobile Home)
East: B2 (General. Business)
West: M2 (Heavy Industrial)
User
Commercial'
Residential /Assisted Living
Use:
Mobile Home Community
Use:
Commercial
Use:
Industrial
Rezonings #03- 15MBC, LC
June 1, 2015
Page 4
REVIEW EVALUATIONS:
Virzinia Dept. of Transportation: Please see attached email dated March 23, 2015 from Matthew E
Smith, P..E.
Fire and Rescue: ,Plan approved.
Public Works Department: Theproposed rezoning of 2.96 acres.owned by MBC, LC is approved by
'The Public Works Department without further comments.
Frederick County San tationAuth'ority: Please see attached letter dated March 2, 2015, from Uwe
e. Weindel, PE.
Frederick - Winchester Service Authority: The applicant-needs to be clearer, on sewer and water. 20"
Water easement has nothing to do with sewer conveyance. Does water main exist. in easement? No
technical comments.
Frederick County Park & Recreation Parks and Recreation encourages the proffered support for a
Route 7 pedestrian crossing: However; identifying this as "in -the vicinity of Millwood Drive" will put
the crossing at a signalized intersection and is advised.
,Frederick County Public Schools: No comments.
Frederick County Attorney: Please see attached letter dated March 27, 2015, from Roderick B.
Williams County Attorney.
Planriinjj & Zoning:
1) Site History
In' 1.995, the property for which this rezoning being requested was subject to rezoning
application RZ #03 -95. This.application was for a.133 (Industrial Transition) commercial zoning
with- proffers. The proffer statement was very specific'in.that it-stated that the rezoned property
shall only be used for manufactured home model display and sales with associated office. The
property was previously zoned B2 (General Business).
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2030 Comprehensive Plan is. an official public document that serves as the community's
guide for making decisions regarding, development, preservation, public facilities and other key
components of community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
Rezoning #03- .15MBC,'LC
June 1, 2015
Page 5
The Area Plans, Appendix I of the 2030 Comprehensive Plan, are "the primary implementation
tool and will be instrumental to the future planning effortsi of the County.
In order for any proposed.rezoning to be °approved, the applicants-will be expected to contribute
a reasonable portion of the, costs of new or expanded infrastructure needed to serve the proposed
development. Such contributions can be in the form of cash, dedicated land, or constructed
improvements or in any other manner consistent, with the Code of Virginia. [2030
Comprehensive Plan, Implementing the Plan, V]
Rezoning requests should be evaluated to determine their poiential impacts on public facilities.
Costs to the County should :be estimated in terms of what impact the development, which could
result from the proposed rezoning; would have on public facilities and infrastructure. [2030
Comprehensive Plan, Implementing the Plan, V]
Rezoning requests should not be approved unless the net impacts on public facilities are
positive, or unless the .negative impacts can be adequately addressed through proffers or some
other means. A request for rezoning may be turned down even, though all fiscal: impacts appear
to be addressed. If'the-re are other impacts which are not addressed -bythe rezoning application,
or if the request does not conform to this plan, a similar method should be developed for
determining the impacts of proposed developments on transportation systems and other public
facilities. [2030 Comprehensive Plan, Implementing the Plan, V]
[,and 11so
The 2030 Comprehensive Plan and the Senseny /Eastern Frederick Urban Area Plan provide
guidance on the future: development of the property. The property is located within the UDA
and SWSA.. The 2030 Comprehensive Plan identifies the general area surrounding this property
with a high density residential land use designation. Historically, this property has been
identified with a commercial land use designation and the area fronting along Route 7 has
developed commercially. In general, the proposed commercial land use designation for this
property is consistent with the current land use supported by the Comprehensive Plan which
continues to promote the existing commercial land uses along the Route 7 corridor. This general
area continues to contain and promote both commercial and residential land uses.
Site Access and :Transportation.
The Eastern.Road Plan.and the Senseny /Eastern Frederick Urban Area.Plan call for Route 7 to
be an improved major arterial road. Access to this site will be via a direct connection to Route
7, Berryville Pike, and indirectly, from Eckard Circle.
The site is located in close proximity to the intersection of Route 7, Blossom Drive, and
Millbrook Drive, a direct route to the Millbrook High and Red Bud Run Elementary school
cluster, and the southern entrance to the Third Battle of Winchester, Battlefield site. As a result
of this, concern has previously been expressed about egress from this site: for traffic looking to
travel west on Route 7. In addition, the location of this intersection provides an opportunity to
address pedestrian. accommodations at this location that would.benefit.pedestrians and bicyclists
using this area.
,Rezoning 403- 15MBC, LC
June, 1, 2015'
Page 6
The application proposes, to stage the use of the entrances to this site based upon vehicle trip
counts; closing the easternmost entrance (closestto °the existing, signal) with any development
on the site and utilizing an ;entrance onto Eckard Circle until 500 Vehicle Trips per Day (VPD)
is'achieved. The westernmost entrance will be improved and ultimately be the entrance serving
the site.
As parvof the deyelopment, of this site, additional right-of-way will be dedicated along Route 7
and a 10' hike /bike trail will be constructed. In addition, the ,owner proffers to contribute
additional money available for pedestrian 'improvements along the Route 7 corridor; $10,000
when the use of the property generates more than 500 Vehicle Trips per Day (VPD), and
$50,000 when, uses on the property generate more than 1;500 VPD. It is noted that the
guaranteed improvements are the same as those thatwould be required with the development of
the site and the proffered contributions for additional °pedestrian improvements would only
occur if the use of the property" increases in 'the future.
Environment.
Issues concerning water quality; quantity, use, and protection of water resources are directly
related to land development activities. Water supplies are needed w support development, while
surface and groundwater are potentially affected by development activities [2030
Comprehensive Plan, Section VII, Natural Resources].
History.
Accordingto the Rural Landmarks 'Survey, there are no significanthistoric structures located on
the properties nor are there any possible historic districts in the vicinity.
3) Site Suitability/Environment
The site is not located within or near any 100 year ;floodplains. In addition, there are no
woodlands or other environrriental features on the site.
4) Potential Impacts
It•should be:noted that.this,application.provides no limitation on the potential commercial land
use that may be developed on the site. All land. uses permitted in the B2 .District would be
allowed. However, it is unlikely that they would be able to develop at their maximum intensity
due to the Vehicle Trip per Day (VPD) cap that the Applicant has proffered (2,977 VPD)..
The Application has addressed the potential impacts of this rezoning request by linking
improvements to the vehicle trip count, therefore, the majority of the impacts addressed deal
with transportation. This 'is a highway commercial location and a more intensive development
proposal would be appropriate., As such, it is important to ensure the impacts associated with
such a development are addressed.
0
Rezoning #03- 15MBC, LC
June 1,, 2015
Page 7
.0
Transportation ,improvements to Route 7, Berryville Pike, are anticipated in the 'future.
Therefore, itis important-that the right -of -way needs for the future improvements to Route 7 are
accommodated, and the application provides some contribution to transportation improvements
resulting from the-impacts of this new development. The additional dedication of right -of -way
along Berryville Pike to provide a minimum right-of-way of 60' from the road centerline of
eastbound Route 7 appears to be sufficient.
The proposed monetary contribution may be an acceptable alternative to the actual construction
of Physical improvements., It should be determined if -the amount and timing of the
contribution is sufficient: given the potential use of the property.,
Frederick County Transportation Comments:
Due to the recent receipt of VDOT's comments on the package. and their concerns with the
TIA, staff would note that any comments that follow could be amended upon seeing
updates /corrections to the TIA.
Staff is supportive of the entrance limitations and pedestrians enhancements proffered by the
applicant. Howe.ver,.,as VDOT did, staff would note that there is apossible need for a right turn
lane into the proposed entrance on Route 7 and would suggest that warrants be run to determine
this. Due to the..phased nature of the transportation proffers and the associated trips, perhaps the
turn.lane can be accommodated the same way.. Finally, regarding,R -O -W, it appears that 10' -is,
sufficient, but staff would recommend following VDOT's recommendation of a conceptual
layout to evaluate this.
5) Proffer Statement.
A) Allowed'Uses:
All of the uses permitted.in the B2 (General Business) District would be allowed. No
additional use restrictions.have been proffered, by the Applicant.
This *application addresses the intensity of the development by relating this to the
'number of Vehicle Trips per Day (VPD). 500 VPD and 1,500 VPD are the two triggers
used to `initiate entrance, modifications, and monetary contributions for off- site>pedestrian
improvements. A total cap on the development intensity on the site of 2,977 VPD is
used by the Applicant. This is consistent with the TIA prepared for this application.
B) - Access Management and Transportation:
The application proffers to stage the use of the entrances to this site based upon vehicle
trip counts as follows:
• Closing the easternmost entrance (closest to the existing signal) with any
development on the site.
• Utilizing-air entrance onto Eckard Circle until 500 Vehicle Trips Per Day,
_ (VPD)
is achieved.
Rezoning`` #03'45'MBC, LC
June 1 2015
Page 8
The westernmost entrance will be improved and ultimately`be the entrance serving the
site.
The application proffers to contribute additional money available for pedestrian
improvements along the Route 7 corridor based on vehicle trip counts as follows:
• $10;000 when the use of the property generates more than 500 Vehicle Trips per
Day (VPD)
• $50,000 when uses on the property generate more than 1,500 VPD.
It has been noted that this is the only potential contribution to off- site transportation
improvements associated to this request.
C) Site Development:
No additional site development standards.have been proffered.
D) Mitigating the Impaaof'Deyelopment:
The Applicant`has .proffered a cash contribution in the amount of $0.10 per buildirig
square foot to be directed to Frederick County .Fire .and Rescue. The purpose of this
dedication would be to, assist in the capital facility needs of fire and rescue associated
with the development of this property.
The Applicant has proffered a restriction on outdoorconstruction activities on the site to
minimize the potential impact of the development of the site on the residents of the
neighboring mobile home park..
STAFF CONCLUSIONS FOR THE :05/06/15 PLANNING COMMISSION MEETING:
This is anapplication to rezone a total of 2.96 acres of land from B3 (Industri'al Transition) District with
restrictive proffers and the MH1 (Mobile Home Community) District to B2 (General Business) District
with proffers to accommodate commercial uses. The property is located - within the Urban Development
Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the proposed commercial. land
use designation for this,property'is consistent with the current land use supportedby the Comprehensive
Plan which continues to promote the existing commercial land uses along the, Route 7 corridor. This
general area continues to contain and promote both commercial and residential land uses.
With this rezoning; the applicant has proffered that this project will contribute to off -site pedestrian
improvements`based upon an.increase in the intensity of the use of this site. With a maximum cap on
the total Vehicle Trips per Day for this site .of 2,799 VPD, the transportation impacts associated with
this request are limited to an , extent. The Planning Commission should evaluate if the approach to
addressing the transportation :component of the application is acceptable, and the amount of the
potential proffer appropriate. Aside from this, the application appears to have mitigated many of the
impacts associated with the rezoning request.
Rezonin& #03- T5MBC, LC
June 1, 2015
Page 9
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 05%06/15 MEETING:
Staff presented an overview of the proposed application to rezone 2.96 + /- acres as follows: 0.60 + /
from MHl (Mobile Home, Community) District -to B2 (General Business) District and 2.36 acres
from 133 (Industrial Transition) District to 132 (General.Business) District with proffers. Staff noted
with this rezoning, a maximum cap on the total Vehicle Trips per Day for this site of 2,799 VPD,
the transportation impacts associated with this request are limited to an extent. Staff explained that
this application provides no limitation on'the potential commercial land use that may be developed
on the site and all 132 District land uses would be allowed. The application proposes to stage the
use of the entrances to this site based upon vehicle trip eounts; closing the easternmost entrance
(closest to the existing signal) with any development on the site and utilizing an entrance onto
Eckard Circle; the westernmost entrance will be improved and ultimately be the entrance serving
the property.
A Commission Member inquired the importance of a site plan in regards to the number of vehicle
trips per day. Staff explained. once "the site plan is approved by staff ,and then VDOT the number of
trips is based on the square footage of the building /s. A Commission Member requested
clarification of the proffer for hiking /.bike trail. Staff noted the proffer applies to any development
on the site. Another Commission Member asked Staff if they were comfortable with all the
information they have to move forward with this project, Staff responded yes.
Representation for the Applicant' noted there is a challenge with a site this small. A Commission
Member noted it would be helpful, ,to incorporate a GDP -with the application.
The Public Hearing, portion of°the.meeting was opened and there were no comments. The Public
Hearing portion of the meeting was closed.
A motion was made, seconded and unanimously passed to recommend approval of REZ #03 -15
MBC, LC.
Abstain: .Oates
Absent: Triplett, Molden
Followine the reauired -public l earine. a decision regardine this
address all concerns raised by the Board ofSupervisors.
Applications
Parcels
Building.Footp[ints
REZ # 03 -15
MBC, LC -
PINs:
55 A 34; 55 - A - 34A
Rezoning, from MH,1 /B3,to B2
Note:
Frede-rick,County, Dept of
Planning; &.Development,
107 N Suite Kent St e
Suite 202.
Winchester, VA 22601
540 665 -5651
Map Created: April 8; 2015
Staff; mruddy
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REZ # 03 15 Frederick County Dept of
MBC, LC Planning & Development
107 N Kent St
PINS Suite 202
55 A - 34;,55 - A- 34A, Winchester, VA 22601
Rezoning from MHI /B3 to B2 540:- 665 -5551
Map Created: April 8; 2015
Staff: mruddy
0 95 190 380 Feet
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Applications
Q
Parcels
1V
Building. Footprints
Q
B1 (Business, Neighborhood District)
Q
B2`(Busmess,,General Di6tnst)
.,B3 (Business;,,Indusirial Transition;District)
CD
EM (Extractive Manufacturing District)
Q
HE (Higher Edpcation.District)
Q
M1 (Industrial, Light District)
M2 (Industrial; General District),
MH1'(Mob!le Home Community District)'
-
WS (Medical Support •pistrict)
OM (Office: - Manufacturing Park)
R4( Residential Planned 'Community District),
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RS (Residential Recreational Community District)
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RA (Rural Area District)
RP (Residential Performance District)
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Note:
REZ # 03 15 Frederick County Dept of
MBC, LC Planning & Development
107 N Kent St
PINS Suite 202
55 A - 34;,55 - A- 34A, Winchester, VA 22601
Rezoning from MHI /B3 to B2 540:- 665 -5551
Map Created: April 8; 2015
Staff: mruddy
0 95 190 380 Feet
0 7
AMENDMENT
Aefion'.
PLANNING; COMMISSION: May 6, 2015 Recommended Approval
BOARD OF SUPERVISORS: June 10, 2015 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP�
REZONING #03' -15 OF M- C, LC
WHEREAS, Rezoning 403-1-5, MBC, LC, submitted by GreyWolfe.,, Inc., to rezone 2:9,6 acres from
B3 (Industrial Transition) District with. restrictive proffers and. the MH.l (Mobile Home, Community)
District with pro . ffefs to the'3.2 (General. Business) District to accommodate commercial uses, dated
1, -2015, was, considered. The property is located on the
February 26, 2015, last revised on, June p
southern , -side of Route 7,,and, 1/4 miles.east of Winchester,at.Eckard. Circle. The. property is further
identified with PfN(s) 55 1 -A-34 and. 55-A-34A in the Red Bud' Magisterial District; and
WHEREAS, the 'Planning "Commission held .a public hearing on this rezoning on Ma y
6, 20,15 and
recommended approval; and
WHEREAS, the Board of Supervisors, held a public hearing on this rezoning on June 10, 2015;, and
WHEREAS, the Frederick- Co I un -Board of Supervisors finds the approval of this rezoning. to be in
ty I - 1 1.
the best• interest of the public -health, -safety, welfare, and in conformance with the Comprehensive
Policy Plan,--,.
NOW, THEREFORE; BE U" RDAINED, by the Frederick County Board of Supervisors; that
- h District. Map to
Chapter 165, of the Frederick Co'u-nty. Code, Zoning.,Js,ameilded to revise the Zoning
rezone 2.96 , ,acre S*:of land from B3 (Industrial Tr s and the M141
Transition) District with restrictive proffer
(M - obileHome Community �s cT to accommodate
_ Community) Pistrict"with proffers to the (General Basiness)'Di tri,
"ial'-Uses. The conditions voluntarily proffered in- writing by the applicant .,ty
commerc and the proper
owner are attached.,
'PDRes #16-15
-2-
This ordinance shall be in effect on the date of adoption.
Passed this Wth day of June, 20.15 by the following recorded vote:
Richard C. Shick-le, Chairman Gary A. Lofton
Robert A. Hess Robert W.,we'lls
Gene E. Fisher Charles S. DeRaven., Jr.
Jason E. Ransom
A COPY ATTEST
Brenda G. Garton
Frederick County Administrator
PDRe's, #M -1.5
'GREYW'OLFE, INC. �`�
1A C.
1'073 RE_DBUD ROAD • WINCHEST,ER, VA. 22603 . -_�I
♦ � (540) 667-2001 ( 545 -4001 FAX'
6 20FEINC @A
)
OL.COM V;
vi.rgin1i,a' Department of Transportation June '1, '2015'
14031 Old Valley" Pike
Edinburg, VA 22824
Mr. Smith-:
This letter is in response to the. comments dated May .15, 2015.
The first nine comments dealt directly with the.Traffic Impact- Analysis data, tables,
and format. Mr. Tim =Stowe of:Stowe 'Eng'ineering is addressing those comments
directly.
The final four comments pertainto the Proffers that were provided and are
addressed below.
Comment. #1,0: We recommend that proffer #3.be moved to a subset"of
transportation proffer #1 and `the w,ordin,g updated as follows: ",,In conformance with
the Traffic Impact, Analysis prepared by Stowe Engineering,: PLC fn 2015, the
development of the property shall .generate a maximum of 2;977 vehicles per day
per the e 9th edition of ITE Trip Generation. If a property use ;is proposed with a
higher d'aily,trip generation at site plan submission, a revised Traffic Impact Analysis
shall` be included with the submission of the site plan ". The .vehicle trips per day
language currently `included. Linde "r proffer #1 should be removed.
Response: I have revised the' proffers as you have requested with the language you
provided in quotes verbatim.
Comment #,1.1: We recom mend -that, proffer #1.a.iii be updated to state that a right .
turn lane warrant"analys,is , shall°be submitted "with the site plan for any site entrance
o. be located along the property, frontage of Route 7. Said entrance shall be
improved and /or constructed to current VDOT standards prior to the issuance of the
firstoccupancy permit:
i
Response: L have revised the proffer as you have requested.,
comment #12: We recommend that proffer .b. i be updated to state that the 10"
multi= usetrail along the proPelrty's frontage of Route 7 shall be constructed prior to
the issuance of`the first occupancy permit.
Response: I haver revised 'the proffer as you have requested.
Comment #13: We: recommend that proffers #:I.b.iii and iv be consolidated and
updated toaddress the queueing issue at the eastbound Route 7 left turn lane onto
Regency Lakes Driyei, Additionally, please avoid utilizing Vehicles per Day as: a
proffer trigger, as this measure is difficult to track as development of the site moves
forward in the future,
Response: The proffers have. been revised to reflect;:the needed pedestrian
improvements in the area• as requested by,the County -. We are offering cash proffers
to be used as matching funds. We are not offering any improvements to the Regency
Lakes, into as the changes you requested; to the Traffic Impact Analysis now
demonstrates that this rezoning has little impact to it.
Please caR if you have any questions.
Thank you,
Gary R. Oates, LS -B, PE
GreyWolfe, Inc
Rezoning: RZ # 03 -15
Property: Area: 2.96 acres
Tax Parcels 55- (A) -34 & 55- (A) -34A
Record Owner: MBC, LC
Project Name: MBC Rezoning
Original Date of Proffers: February 26, 2015
Revision Date: April 3, 2015
® May 11, 2015
Magisterial District: Redbud.
Pursuant to Section 1:5,.2 -2296 Et. Seq. ,of the Code of Virginia, 1950; as
amended, and the provisions "of -the Frederick County Zoning; Ordinance with respect to
conditional zoning, the undersigned owner hereby offer the following proffers that in the
event the Board of Supervisors of Frederick County, Virginia,. shall approve Rezoning
Application # -15 for rezoning of- 2:96 -acres from the B -3 & MH -1 Districts to General
Business (B -2) District, development of the subject property shall be done in conformity
with the terms and conditions set forth ;herein, except to the extent that such. terms and
conditions maybe subsequently amended or revised by the owner and such are approved
by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In
the event that such rezoning is not granted; then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon this
owner and their legal successors, heirs, or assigns.
The'properties are more particularly described as the lands conveyed to MBC', LC
from Mildred.F. Cole as recorded in the Frederick County Circuit Court Clerk's Office as
'instrument #00013492 dated December 1, 2000.
Proffers:
1. Transportation Vehicle Trips per Day to be determined at Site Plan submission
utilizing ITE Tripi Generation 7th Edition.
a. Access
i. The eastern existing entrance on. Berryville Pike (Route 7) near Eckard
Circle shall' be. closed prior to the first occupancy `permit.
ii. An entrance onto. Eckard Circle shall be utilized until development on
the Properties creates more than 500 VPD.
iii. The western entrance on the Properties from Berryville Pike (Route 7)
shall; be improved .to current VDOT standards prior °to the first
occupancy permit.
b. Dedication and Pedestrian Access
i. The owner hereby proffers. to dedicate additional land along Berryville
Pike to provide a minimum of 60' of right of way from the centerline
of eastbound Route 7. This is will be,done prior to the first occupancy
permit,
ii. The owner hereby proffers to construct a 10' paved -hiker/bike trail
along, the Property's frontage with Berryville.Pike.per the 2030
Comprehensive Plan. This is will be done prior to the first occupancy
permit.
iii. The owner proffers to contribute $I0,000°to Frederick County for
pedestrian improvements along Route 7 when uses generate more than
500 vehicle trips per day, (VPD):.
°' iv: When uses on tho, Properties generate more than ,1;5.0.0 VPD; the
owner will contribute, an,additional $50,000 to Frederick County for
pedestrian improvements along Route 7.
2
2. Fire & Rescue — .Monetary Contributions
a., The owner hereby"'proffers a cash contribution to Frederick County for Fire
and Rescue purposes, of $0:10 per building square foot. to .be .disbursed to the
Frederick County Fire'and Rescue Departinerit, to be. paid prior to each final
site plan approval., The term "building square foot shall be the combined
floor area for each story.
3. The owner hereby proffers not exceed 2,977 VPD';s as presented in the Traffic Impact
Analysis by Stowe Engineering, PLC:
4. Considerations for`neighboring Mobile Home, Park:
a. The owner.proffers that outdoor construction activities; on the Properties,
shall not begin prior 7:30 A1vM ;and will conclude'no later than'.30 PM.
The conditions proffered above shall be; binding upon.heirs, executors,
administrators,, assigns, and, successors in the `interest of the owner and owner. In, the
event the Frederick County Board of ;Supervisors grants thisrezoning and accepts the
conditions, the proffered conditions: shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code and Ordinance.
Respectfully Submitted:.
By: 11,S6 LC
MBC, LC /6, k C tam H ey 7�tis�ec Date
o?P Y7.1Ctikr-d.Lo..,e T1xsd; l[n•�a t�ti
Commonwealth of Virginia,
D``f°
City /County of es+e1 To Wit:
The.'foregoing instrument was acknowledged before me this e-day of ; 20'1b_
By ew eS .
y Publi
My °Commission Expires H -30.2 o j
� Y
'I�- y321S
Registration Number
April 6 2015
Matthew B. Smith; R.E. I Area Land,Use Engineer
Virginia Department of Transpottation
Clarke,.Frederick, Shenandoah & Warren Counties
14031 Old Valley Pike
Edinburg, VA 22824
RE MBC, LLC - VDOT Comments to Rezoning /TIA
Dear Mr: Smith:
In response'to VDOT comments provided in your email.dated 3/23/15 I offer the following:
1. All Syhchro models and analysis reports included wifhthe.submissionof;the TIA contain
incorrect, permissive, only left turn phasing,,at both signalized' i'nte.rsectionswithinthe study
area. The existing year'Synchro analysis must utilize existingksignal phasing and'timing. Please
contact Grant Sanders in Traffic Engineering in the Staunton District Office to request existing.
signal data (grant .sanders (@vdot.virginia.goy): For all future year Synchro models, the two
signalized intersections within the study'area should be. coordinated and optimized for
:analysis. Once the Synchro.models have been updatedto,provide the correct signal phasing, the
report will need to be revised to reflect the updated analysis and output results. Also note that
the current Level of Service and .delays presented in, Tables.l —.4 of the TIA do not reflect the
invalid Synchro models or'output reports included in.Appendix-B:
Response: 1 emailed and spoke with Mr,. Sanders concerning timing plans in the Route 7 corridor
and`received this response,
These intersections are InSync Adaptive Signal Control Technology (ASCT) intersections,
so I can't provide you with traditional timings like- you're used to seeing ...
Existing timings were field.,measured:to establish the existing!signal timing. These timings were
entered.into the existing conditions model and.are reflected'in the associated reports
All'other requested model adjustments have been made.
2. Please provide a` right turn lane warrant analysis for the site entrance in the report -. With the
build o,ut'right turn volumes and approaching volumes on, Route 1, a full right turn'l'ane and
taper will be required; Update the report to provide the; right_turn lane as a recommendation
and include a cost estimate. VDOTxecommends that the right-turn, lane improvementat the
site entrance should also be included,in the associated proffers with the same. 1,500 site
generated wb trigger as existing proffer 1.6.
Response :.The right turn lane warrant will be provided with the site plan.
'103 Heat. Court, Winchester Virginia 22602 • (540) 686.7373 • fax: (540) 301.1100
email TimStbwe @StoweCompanies.com
Matthew Smith
April 6, 2015
Page 2
3, A concept plan has not been included 'in the report. At,a minimum, please provide a scaled
concept plan `that shows the site boundary, existing conditions, proposed entrances (including
lane, configuration, and; throat depth), existing:right =of -way width and proposed right -of -way
dedication (with;dirriensions).
Response;, Due to the:small nature of the, site, which has Jes than 34 acres of developable area, a
traditional GDP has not been prepared. The attached drawing shows the requested items.
4. There is concern that the 10' of right- of -way dedication along ihe,property frontage of Route 7
currently included in'the, proffers will not accommodate the planned, "future
widening: Providing the. concept plan as requested above incomment. #3 will assist in this
determination.
Response: The attached'drowing shows the existing',Route 7 right cf wayadjacent to the site.
The dimensions'show the distance -from the centerline of the eastbound lanes to the existing
right of way line. Where less than ,60, ft. of right of-way exist, additional right of way has been
proffered to 'provide. 60 ft. ,It is expected'an additional 12 ft. travel lane and 10, t. should can be
accommodated .within; this: 60 ft. right: of way.
5. Opdate'the Current Zoning section on page 3 oft-he report to remove"light manufacturing"
from the requested zoning.
Response: as requested:
6. Provide the posted speed limit of 45" mph,for Route 7 along the property frontage in the Existing
Roadways section -, on page 4.of the report. Update all Synchro models to increase the
designated speed: from: 30 mphAo45 mph on Route 7.
Response; as ".requested.
7. Update -the Peak Hour Factor to 0.92 for:all' movements in the future year Synchro models.
Response: as requested:
8. Per the; description of Figure'6`.on page 6 of the report "and the actual title. description, Figure .6 is
supposed to illustrate current lane geometry, but is inaccurate. Please update Figure 6 to
represent the correct lane geometry-or provide " "an additional figure to show existing lane
configurations.
e`
Matthew Smith
April 6,.2015`
Page 3
Response: The information has been revised where needed.
•
9. Please revise, the Trip Distribufiori and Pass By Adjustment diagrams (Figures 10,and IOA) to
clarify trip assignments for each movement. The current positioning of the trip figures is
somewhat unclear in terms of:fhe assigned movement.
Response; The figures have been °revised to clarify the information presented.
10. Please provide an additional Figure in the report that'identifies the location and provides a
description of the recommended improvements.
Response: please see the attached drawing.
Jf you have any questions, please do not:hesitate to contact me.
Sincerely',
f4
,iv%°4<l. ✓'` \+fie "�'
Timothy Stowe, PE, LS
President
Attachments
•
•
from Tunkhouser, Rhonda'(V�DOT) [mai Ito: Rl onda°.Funkhouser @VDOT V rginia.gov] On
Behalf Of:Smiih, Matthew; P'E. (VDOT)
Sent: Monday, 'March 23, 20'15.9,:02 AM.
To: Tim Stowe
Cc: John Bishop; Short, Terry (VDOT); Campbell, Adam (VDOT); Ingrain, Lloyd (VDOT);
Smith, Matthew; `PE. (VDOT)
Subject: MBC, LLG- VDOT Comments to Rezoning /TIA
Please'find VDOT'srevi'ew comments on the MLB LLC Rezoning /Traffic Impact Analysis•as
received by this office February 25, 2015:
1. All Synchro 'models, and analysis. reports included with:the submission of the TIA contain
incorrect; permissive only left turn,.phasing at both - signalized intersections within the
study,area. The existing year Synchro analysis must utilize existing`signal phasing -and
,timing. Please contact Grant Sanders in Traffic Engineeringin'the.Staunton District Office
to request existing. signal data ( grant: sanders (@vdot.virginia.°gov). For all future year
Synchro models, the two signalized intersections within the study' area should be
coordinated land optimized for analysis. Once the Synchro models have been updated to
provide the correct signal :p'hasing, the report will need to be revised to reflect the updated
analysis and output results. Also note that the current Level of Service and delays
presented in Tables'l 4 of- the. TIA do not reflect,the invalid Synchro models or output
reports included in Appendix B.
2. ;Please provide, a right turn lane warrant analysis for the. site entrance in the report: With.
the build out right turn volumes and approaching-volumes on: Route 7; a full, right turn lane
and taper will be required.:Updat&the report to provide the right turn lane as a
recommendation and,include a cost estimate. VDOT recommends that the right:turn lane
improvement at the site entrance should also be included in the associated proffers with
the same 1,500 site generated VPD trigger'as existing proffer a.c.i.
3. Nconcept planhas not been included in the report. At a minimum, please provide a,scaled
concept -plan that shows the site boundary, existing conditions; proposed entrances
(inc luding.lane configuration, and throat depth); existing right -of =way width and proposed
right -of -way dedication (with dimensi'ons).
4. There is concern :that - -ahe 10' of right =of -way dedication along the proper y`frontage of
Route 7 currently.included. in the proffers.°will not accommodate the "planned, future.
widening:, Providing-the concept plan as requested above in comment #3 will assist'in•this
determination.
S. Update the Current Zoning section on page 3 of the report to remove. "light
from the requested zoning.
6: Provide the posted speed limit of 45 rnph for Route 7 along the property frontage in the
Existing Roadways section :on page 4 of'the report: Update, all Synchro models. to increase
the designated speed` fro m 3 0 mph to 45 mph on. Route. 7.
7. Update the Peak Hour Factor to 0.92 for all'rnovements in the'future.year'Synchro models.
8. Per the description of.Figure, 6; on :page 6 of the, report and the actual title description,
'Figure >6 is supposed to illustrate current. lane geometry,`but is inaccurate.. Please update
.Figure,6 to represent the correct lane geometry or provide an additional figure to show
existing lane configurations.
9. `Please, revise the Trip,Distribution.and Pass By Adjustment diagrams (Figures .10 and `10A)
to clarify trip assignments for each movement. The current positioning of the trip figures is
somewhat unclear in terms -of the assigned movement.
10._ Please, provide an additional Figure: in the report that identifies the location and provides .a
description of the recommended improvements.
,If you have'any questions, please do not hesitate to contact us.
Matthew B`. Smith; R:E. Area'Land Use Engineer
Virginia Department of Transportation
Clarke, Frederick,;Shenandoah '&.Warren Counties
14031, Old Valley Pike
Edinbu "rg, VA 22824
Voice: 540984- 5615
fax:; 540%984 =5607
e- mail. Matthew. Smith @vdot.virginia :gov
Post.offllmBoxl 87 71
.March 2, 2015
MT., Gary R. Oates,
GreyWol'fej.ne.
1011 Red,budAbad
Winchester, Virginia 12603
FRIEDERWK COUNTY
-k,,7j-ATI,41TATIDN,AUTH,Ci.,:" TY
Ref: -RozoriingAppl,icgtibh;.commen-ts
MBCI LC
Tax Map # 55-A-34,& 55:.A-34A
Dear Sir:
Per your request" a,review of, the ,proposed rezoning application ;has been: performed.. The Frederick County
Sanitation Authority offers- 'comments limited to, the anticipated impact/effect upon the, Authority's public water
and sanitary sewer $ysteni and the demands,thereon.
The parcels are in the,water and isanita .
ry_ sewer area servedby. the Authority. Qqsed on the: location both water and
sanitary sewer service is available 1 withih,arda.s6nableAistance, from the site. -sanitary sewertreatinent capacity at
the wastewater treatment. plant ja t is allo ,presently ivaildble;.Sanitary sewer convey acity and Jay
conveyance cap outwill,be
contingent on the applicaii,t,perfiorming'a"technical. analysis of the existing sanitary sewer system within the area
to be. served and the4 ability of the existing, conveyance system to accept: additional load. Likewise, . 'Water
.distfibution capacity , will require the applicant to perform afechnical analysis of the existing system Within the
tarea, to be served to determIn.6-,available capacity l of both' the potable water system the, ability-to provide fire
'
protection..
Water•and sanitary sewers are to be constructed'in aceordanc e with the FCS A standards specifications. Dedicated
easements maybe requires and .based on the layout vehicular access will need to be incorporated into the final
design;. All easements should, hefree from any encumbrahc& including permanent structures (fences, signs, etc.)
and, landscaping (trees, shrubs, etc;).
'flOdkl,be aware that 'the Authority d6es .not :review or comment upon proff
fers and/on conditions proposed 'or
submitted, by the applicant in support of or in conjunction with "this plan, nor does the Aut horit y
assume or
iindertak,eE , any ''responsibility to. review dr''eomment Upon, any amended -proffers and/or conditions, which the
Applicant may,herea(fterprovide to Frederkk-Cbuhty.
'Thank you;
Uwe. E. Weiridet, PE
:Enginejer= Directqr,
GREYWOLFE, INC.
1073 REDBUD'ROAD 6 WINCHESTER,•VA22603
��v (540) 667 -2001 • (540_) 545 -400:1 FAx
GREYWOLFEINC @AOL.COM ,l'
Roderick B. Williams, County Attorney March 31., 2015
107 North Kent Street
Winchester, VA 22601
Subject: MBC, LC 'Rezoning
Mr., Williams,
This letter is response to your comments dated March 27, 2015. I have revised
the proffers based your comments and have attached'them to this letter.
1. I will submit the latest; application to the County for Public Hearing.
2. A list of all owners will be, on the application and 'I have attached those to this
letter as well. They have all agreed to allow the Bank of'Clarke County, as
trustee, sign all documents pertaining to this rezoning on their behalf..
3. The term "The Properties -" has replaced "The MBC parcels" throughout the
"proffers as requested.
4. Proffer 1 has been modified to place "triggers" for their occurrence.
5. Proffer 4 has been modified to clarify outdoor construction activities on the
properties.
Thank you,
Gary R. Oates, LS -B, PE
GreyWolfe, Inc
GREYWOLFE1 INC. k
1073 :REDBUD. ROAD: 0 WINCHESTER, VA 22603
�r (540),667 -;2001 0.1(,540)545- 4:00,1;FAxf\��
GREYWOLFEINC@a AOL.COM
Frederick, Count Planning &;Development March 31,, 20.15;
107 North Kent Street,
Winchester, VA 22603
I
Mr. Ruddy,
Thank you for the response to the MBC Rezoning application. I will attempt to
address your below.
i
1. I`n. regards to ".no limitations" on the uses. While the a „p:pli;cation requires an
analysis of 50,000 sf retail, the area within the setbacks and buffers is 38;913 sf.
That would only leave enough room for $5 parking spaces on the remainder of
the site within setbacks and buffers. "Du_ring the roundtable meetings with VDOT,
they felt an analysis of ta drive' -thru fast -food restaurant,twas 'more likely and
delivers an extremely high amount of, traffic. That is why we have capped `the
traffic.2,977 VPD's:;in the proffers,
2. Proffer 1 has been modified based on your comments and that of the County
Attorney.
3. I have not, nor'will 'proffer 'to .preserve the existing Vegetation .along the mobile
home ,park. While, that would definitely save money on development costs, future
development may want to plant a,,more attractive buffer since the existing
vegetation is mostly briars, brush, and locust trees.
4: The proffer containing'-the 2,,977, VPD cap is meant to protect the County from
any unexpected high traffic generator that is not accounted at this time. Our
transportation -proffers are designed to address anything up to a fast -food
restaurant with, drive -thru lanes. The' 1,500 `VPD trigger is in line with :10,000 sf
of' retail (a strip mall) developed on the site in the future.
5. The proffer language for the $10,:000 contribution has been changed to remove
".in the vicinity of :Denny Lane.” That way the money ma-y be applied wherever
the County..and VDOT determine, is.the best location for a crossing.
Thank you,
Ga_r R. Oates; .LS =B, -PE D'
GreyWolfe; _Inc ,
APR 8 2015,
i
A /,- WF Un\\
COUNTY of `FREDERICK
Department of Planning :and Development
.540/665 =5651
FAX: 540/665-6395
TO:, Gary Oates
GreyW61fe, Inc.
FROM: Michael T Ruddy, AICP
Deputy Director
R_ E_; Rezoning Comrrients: 1VfBC, LC Commercial Rezoning.
1790 Berryville Pike;, PIN'S 55 -A -34 and 55 -A -34A
DATE: March 25,; 2015
The following comments' are offered regarding °the MBC,, .LC Commercial Rezoning
Application. This is a request to .rezone 2.96 acres from 133 (Industr-ial Transition)
District, with Proffers and MH1 (Mobile Home Community) District, to B2 (General
'Business) District with. ;Proffers. The review .is generally .based . upon the proffer
statement dated. February, 26, 20;15., and.the Impact Analysis'Statement of the same date.
Prior to formal submission to the County, please ensure that these comments and all
review agency comments are adequately addressed. At a minimum; a letter describing.
how each of 'the, agencies: and their comments have been addressed should be included as
part of the submission.
General
1') The submission fee for this application would total $10,296.00, based upon,
acreage of 2.96. acres,
Land Use
1) The 2030 Comprehensive <Plan and the Seri seny%Easte_rn Frederick.- Area ' -Plan
provide guidance on the 'future development of the property. The property is
'located within: the UDA and. S WSA. The '2030'Comprehensive' Plan ideniif es the.
general area surrounding this property with a :high density residential land use;
j
designation. Historically, this property_ has been identified with -u commercial land
use designation and the Area fronting along Route' 7 has developed commercially.
In general,, the proposed commercial land use designation for this property is
consistent with the: current -land use supported by the Comprehensive Plan which
continues to promote the existing commercial land uses along the Route 7
107 North Kent Street, Suite' 202 • Winchester, Virginia 22601 -5000
MBC, LC Commercial: Rezoning.
1790 Berryville; Pike; PTN's.55 -A 734 and 55 -A -34A
March,25, 20,15
Page 2
corrido -n This ,general area continues to contain. and promote both commercial and
residential land uses.
Impact Analvsis and Proffer: Statement
Please address the following 'items from the Impact Analysis and Proffer Statement
;prepared,for this Application.
1) It should be noted. that this application provides _no limitation on the potential
commercial land use -that may be developed on the -site. All land uses permitted in
the B2 District at, their maximum intensity would be allowed. Based on the
acreage, the maximum possible 'business 'intensity based on trip generation and
fiscal impact on capital facilities (Frederick, County Rezoning Application) would
be approximately 50;000, square feet of retail use.
2)
The Application .has addressed the potential impacts of this rezoning request by
linking improvements `to the vehicle trip count, therefore; the majority of the
impacts addressed deal with transportation. This is a highway commercial
'location and .a more •intensive development, proposal would. be appropriate: As
such, it is important to ensure the impacts associated with such :a. development are,
addressed.
3)
Transportation improvements to Route 7, Berryville Pike, are anticipated in the
future. Therefore, it is important that the right -of -way needs for the .future
improvements to Route: 7 are accommodated, and the. application provides some
contribution to transportation improvements resulting from the impacts of this
new development. The additional 10 feet of dedication appears to ;be sufficient.
The proposed monetary contribution may be an acceptable alternative to the
actual construction of physical improvements. It should be, determined if the
amount. and timing of the. contribution, is sufficient given the potential use of the
property.
4)
The MB_C parcel currently has two entrances onto Berryville 'Pike. The" third
eritrance frientioned in the .proffers would not be classified. as an existing
commercial .entrance as described. in the proffer statement. `In the future, a new
entrance onto Eckard Circle leading to the private road, accessing Route 7 may be
part; of the.developrnent.and.desirabl'e as ,part of the overall traffic circulation.-plan.
5)
To _ the greatest extent possible, the proffer statement should :avoid additional
narrative ,and only include proffers that are above and beyond current ordinance
requirements. I'would suggest-modifying proffer 1. a. Access,.accordingly:
6)
The most recent site plan. for this site, SP #4,6 -95, included a _note to preserve the
existing trees and vegetation -where ;possible_ adjacent to the rear property line.
This was in addition to the required screening and was aimed at providing an
enhanced buffer between the coinm`ercial project and "the adjacent ..residences
within the mobile home park. Corisideration of supplementing the Buffer for the
benefit of the; adjacent residences may be warranted.
MBC,. LC. Commercial Rezoning
1:790 Berryville Pike;, PIN's 55 -A -34 and 55 -A -34A
March 25; 2015
Page, 3
7) With regards to. the "proposed triggered approach'to the proffered transportation .
improve_ ments, it'is, rioted "that `the :provision of off -site improvements are delayed
beyond the initial development of 'the site based upon future trip generation. Two
triggers are used;
i. 500 VPD entrance restrictions and a $1.0,000 contribution to assist with
pedestrian crossing improvements at the Route 7 and. Denny Lane
intersection.
ii.. 1,500 VPD a. left, turn . lane improvement on Route 7 at Regency Lakes
Drive.
A total cap of 2;977 VPD's is :proffered, presumably, for uses locating on the site.,
Additional. definition ,should he provided clarifying this proffer. Based on this; it
appears asp though no additional improvements or contributions are 'anticipated
with the 'initial'B2 development,o.f this site, as a result of the rezoning;. The 'initial
improvements are more consistent with, those .required for customary site
i
development as required by ordinance. It, may 'be appropriate to adjust the triggers
I accordinglyto advance the anticipated improvements.
8) _Please ensure that pedestrian accessibility and circulation is provided to the
adjacent properties where appropriate to ensure this project is well integrated into
the. surrounding community. With regards to the proffered pedestrian crossing
contribution, consideration could ''be given to providing a design for this
improvement as approved, by 'VDOT, in conjunction with the development .of an
initial. site ,plan Tor this site;,Any monetary contributions made in the future based
on. the triggers would. then be applicable to a real project and could be available
for a potential match. Depending on 'the use, pedestrian ;access may be an
important consideration. Atthi time, no particular use is defined.
The following comments• have been provided in conjunction with ''John 'Bishop; County
Transportation Planner.
Due to the recent receipt; of VDOT's comments on the'package and their concerns
with the' TIA, staff would.note that any comments that follow could be amended
upon' seeing` updates /corrections to the TIA.
Staff is supportive of the entrance :limitations and. pedestrian enhancements
,proffered by the applicant. However,, as VDOT did, sfaff would note that there is
a possible need for a right turn lane into the proposed entrance on,Route 7 and
would suggest,--that warrants be run "to determine this. Due to the phased nature.of
the.,transportation proffers and the associated trips, perhaps the turn lane can be
accommodated the same way. Finally, regarding right -of=way; it appears that. 10:
feet; is "sufficient, but staffwould recornmend.following VDOT's'recommendation,
of a conceptual layout to evaluate this.
MBC, LC Commercial Rezoning
1790 Berryville -Pike; PIN's 55. -A -34 and '55 -A -54A
March 25, 20,15`
Page 4
In conclusion, please ensure that the above comments, and those offered by°the;reviewing
agencies,are addressed.
VMTR/pd
REZONING APPLICATION FORM
FREDERICK COUNTY,,'VIRGINIA
To be,ppmWeted b Staff ff
Fee Amount Paid 44.
Zom,ngt.Ai&ndmentNufber �0-3 , Date Received
,--PQ1Hear1;ftg!Dater
�BQS, 'tIearingDit
The following information. shall be, prov ided by the applicant
All parcel identification numbers, deed book en&p' age '- nu I mbem maybe obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 107 North Kent- Street, Winchester.
1. Applicant:
Name: Gre.YW61fejnc. - Gary R. Oates Te , le . phone: (540) 66772001'_
Address:. 1073 Redbudr Road, Winchester, VA, 22603
2. Property Owner (if differient than above');
Name: :MBC, LC
Address: 202 North Loud-oun Street
Winchester, Virginia 22601
3. Contact'person if offietAhah above:
Telephone: (540) 665-2402
Name: Gary R. Oates Telephone: '(W) 667-2001
4-. Property Information:
7a. Property identification'Number(s)-, 55-(A)-34 and 55-(A)-34A
b. Total acreage -to be rezoned. 2.96 acres
C. 'Total acreage of the parcel(s) to" be rezoned. (if,the entirety of the parcel(s),i s not being
rezoned):
d. Current zoning designa6on(s)_ and acreage(s) in each designation;; MH-1
.n--.,
& 2.36 ac. B-3
e; Proposed zoning designation(s) and r
ge(s) in each designAfi&h!,��j,,?.P"e g-; f-
f Magisterial District(s): Redbud 1A
12
50 Checklist:= Check °the following'items that'have been included with this application.
Locatiowmap ❑✓ Agency Comments, �✓
Plat � . ✓ _ _ Fees __T7T_
i Deed to property ✓_ Impact Analysis Statement ✓ _
Verification of taxes paid _ ✓' Proffer Statement ✓
Plat depicting exactmieets and:bounds for the proposed zoning di "strict
Digital copies. (pdf s) of all submitted documents, maps and exhibits ✓
6 The Code of Virginia.allows'us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the 'land to be rezoned:
Deborah .S. Isom, Dinah S: Krasich, Jessica „Danielle Krasich; Dawn M. Spears; Jared Thomas Spears,
'Tyler Edmund Spears, and Mildred F: Cole Trust, Bank of Clarke County Trustee
7. Adjoining Property:
PARCEL ID NUMBER
54- (5) -5A
55-(A)-32X& 33
55- (A) -38
55- (A) -37
556- (A) -ZJhru 6
USE
Industrial
Industrial
Mobile Home -Park
Gas `Station -Store
Res..& "Nursing Home
ZONING,
M -1
M-2
MHA
B =2
RP & B -2
8. Location: The, property is located at (give exact'.location based on nearest road and distance from
,
nearest'intersection, using: road.namesand route,numbers):
'Southem side of Route 7 about 3/4 miles east of Winchester at Eckard Circle
13
I
9. The •following information should be provided according to ;the type of rezoning
proposed:
Number of Units Proposed '
Single'Family homes_: 0 Townhome: o Multi- Family: o
Non- Residential Lots: R MobileHoine: 0 Hotel Rooms: o
Square Footage of. Proposed Uses'
Off ce: Service Station:
Retail; Manufacturing:
Restaurant: 6;000 Warehouse:
Commercial: Other:
10.. Signature:
.I (we), the:undersigned, do her eby._respectfully make application and petition the Frederick
County Board.of Supervisors to amend the zoniing-ordinance and to, change the zoning map
of 'Frederick County., Virginia. I: (we) authorize Frederick, County official's to enter the
property for site inspection purposes.
I (we) understand thafthe sign issued when this application is submitted must be,:placed at
the front property, line at least. seven days prior to'the Plan- ning Commission public hearing
and thelBoard of Supervisors public- hearing and maintained so_asAo be visibleftom theroad .
right -of -way until the hearing.
I (we) hereby certify that this application. and its accompanying materials are true and
accurate to ,,the best of my1(ouf): knowledge.
Applicant(s): c Date; $ dal S
Date:
Owner(s) >f Date:
6aa.k- 1c*P-e1r, —e Lo,,-W —r,, 4uskr_ Date:
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Impact Statement
For consideration of Rezoning the lands for
MBC' Rezoning
gedbud Magisterial -District.
Frederick County, Virginia
February 26; 20:15:
Tax Map Numbers
55- (A) -34 and 55- (A) -34A
Total Area: `14.53 acres
Owner -of Record':
MBC,: LC
202 North L'oudoun Street'
Winchester, VA.22601
(540) 665 -2402
Contact:
Gary K. Oates, LS -B, PE
GreyWol:fe, Inc.
1073 Redbud:Road
Winchester, VA 22603
(540) 667 -2001 ofc
(540) 545 -4001 fax'
MBC Rezoning
Introduction
The site is located on the southern side ofRoute 7 :(Berryville Pike) at the
intersection of'Eckard Circle in Frederick County, 'VA. The front parcel site was zoned
B-2 iri the past,'and was rezoned to B -3 (with. proffers) in 1995. Since then it has been
used formanufactured home model display and mIes with associated sales office per
proffers. "The. rear parcel. has'been. zoned MH --1 for many years. The applicant is seeking, a.
than
ge; in zoning fr0m`13-3 & IVIH -.1 to B -2 :(with proffers) to create a more viable
commercial parcel consistent with the ;Frederick County Comprehensive.Plan.
Existing Conditions
The .property is recently `Vacant. The stormwater drains generally to the west to a
ravine' and then.,in a southerly direction.
Comprehensive Planning
The site is intended to bemzoned commercial per the comprehensive plan. There is
public water and sewer available along; Route 7 and.Eckard Circle. The benefit to
Frederick County by approving Tthis rezoning will:be a positive economic impact from
businesses through taxes; as well as employment opportunities for its citizens.
Proposed Development
i The site will be graded, landscaped, and roads installed that will meet current
County acid VDOT_specifications. As long as traffic remains, below 500 VPD's as is
allowed,now. , a.single, entrance onRoute 7 and a single ;entrance, on Eckard.Circle will be
utilized: The development:is plarn ed.for used car, sales with the ability to eventually
°develop into office, retail', or restaurant:
Ph ysical Impacts
'The site: is, not located within or neanany 100 year flood plains per FEMA Flood,
Map No: 51069CO24.OD. Furthermore, there are not any -woodlands or noteworthy
landscaping; on site ,to ;preserve.
r
Surrouridifig Properties
The site ,is bounded by Route `7 to the north, Carlyle & Anderson (M -2) ;to the
west, Gas -Mart (13-12),-to the east; 'and a mobile home park (NIH-1) to the south.
Traffic'Impact and.Analysis'
Report by Stowe Engineering is available uponrequest if -not already provided.
Sewer Conveyance ,arid Treatment
The FCSA has an 8" gravity'line to the west. This commercial development is
expected to generate 50 gallons /day /per seat'for a total of 10,000 gpd'.
Water Supply
The FCSA has., a20' waterline :easement with an 8 " .main on, the east side of the
property`. This development is= expected to generate 50 gallons /day /per seat for a total of
10;000 gpd:
I
Drainage
I
The stormwater runoff drains 'to the southwest towards Ash. Hollow stream. The
applicant will be required to implement :'B'MP's and other devices to meet the
Commonwealth of Virg'inia's requirements as.requred' by DEQ.
;Solid 'Waste Disposal
.The Civil Engineering ,Reference Manual, ,4th edition, uses a rate of 5.4 cubic
yards per 1 X000 square feet :of floor area. A 1 0,000 sf development will yield 54 cubic
,yards per year. The solid waste °will be transferred to the Frederick County Landfill
Facility by private licensed commercial carriers.
Historical Impact
There are no historically significant. structures or features ,present:
Educational Impact
This developmentwill not create additional students for the schools.
2
� So-
Police, Fire, and Rescue lmpact
The, development will .increase the .burden on fire and rescue. The applicant is
offering a proffer of $0.10 per ,constructed "building square foot to the County for fire and
rescue services..
'Parks & :Recreation Impact
This development is not' expected to increase population; therefore, no measurable
impacts are predicted.
Soils
The only soil type identified on the General Soil `Map of the Soi.1 Survey of
Frederick County, Virginia is an Weikert=Becks channery silt loam ( #4'1C) as shown on
Map sheet #30. T-his,soil type --is generally shallow. The characteristics of this soil are,
manageable for development following the Virginia- Erosion and Sediment Control
practices.
i
Geology
This area is also known ,for shale topography.
3
1
:REZONING APPLICATION � #03
1VIBC;;LC r,.
Staff .ReporUfor the Board of'Supervisors
Prepared: June' 1, •20.15
Staff Contact:; Michael T. Ruddy, AICP, Deputy PaannngD,irectgr
.Reviewed ' .Action
Planning. Com_m►ss oh -. 05/06 1' S . Recommended' Approvah
Board of`Super- visors: 0.6 /1;o /'15 Pending
?.. PROPOSAL. To rezone 2 9,6 +/ :acres as follows:; 0 60±/= acres from MH I'(Mob* 'Home Community)'
District to ^B2 (General.BUSlness) District and 2'.3:64acres;from 93 (:IndustnaLT,iansition) District to B2:
. (G
end ral Business) Distnct with proffers
LOCATION,: The properties ar&.locaied on the southern ;side, of Route! 7,, and 3/' miles east of
Winchester at Eckard Circle:
PLANNINGCOMMISSION�REtCiNt1 ENDATION ,.ANIYEXECUTIVE ,'S.UMMARY'FORTHE
The Plair►ing Commis sion.;recommended approval. of this rezoning request„ an apphcafion° to
rezone a !total of 21.96!' acres? of :land from , I (M'obil`e: ,Home `Communi-ty) District; and B3`
(Iii'dustrial Trarisitton) District to B24 Gefteral B&sifies$,), Distnctwithproffers, to ",accommodate
commercfal uses. Planning.:Cornm ssion,members inquired, about, the:'importanee, of a site plan in
regard's' 'to" the. number of vehicle °trips - pe r a y and, requested clarification of the proffer for the
hik ng/bikeutrail; The ,Applicant noted, there_is a challenge -with;a site;tliis'small. Thiswas followed'by a
6himissioner1wl o noted if n ay=be helpf it to,'incorporate;a.GDP with the application.
The',Appfiearita as prov ded a, revised proffer °statement (fated;'June 1, 2015ahat.has made.further
adjustments based on.additonal:coinments provided by VDOT. Please see the letter °provided by
Mn, Oates ,datede., une, ;1,. 201,5', that describes the- changes (letter at'tachod).., White'these; changes are
mostly organizational,; it should be noted that one comment;,.Coi ment # >11. from VD:O - :regarding
vehicle tqpeuing, at the. *Regency Lakes left: turn lane' from Route 7 'eastbound; -fst,o utstanding., This
comment has`bee n addressed -by the,Applieant byrecogri zing their potential future contribution-W,, the
overall pedestrian improvements iri the:afea,.ratherthan:the turn lane,impro�ements on RouteQ7 at the
intersection of Regency L' akes Drive.
z Insummary,,this s an,'appli�cation fo'rezone a total;;of 2.96 acres of land from B3 (Industrial Transiti'ori)
r
District. =with restricti..ue proffers and .the MH1 (,:Mob le Home. Community) .District to B2 (General:.
Business) District with proffers to accoinrnodate commercial uses: The, property is ;located within
Urban Development Area DA) and, the. Sewer and Water Service. Area (SWSA). .In; general,, the,
proposed. ,commercial°landI use •desi'gnatior ! "for tl is, prop erty'is,,corisiste`nt with the current land use'
supported bythe ComprehensiyeTMPlan which continues to promote;the ex- isting commercial .land uses
along the Route 7 cori7dor:. This,general area continues to contain -and promote both commercial and
residential land uses.
Rezoning - #03- 15MBC,'LC
June 1, 201 °5
Page 2
With this.rezoning; the applicant has proffered that. thi's,project'will' contribute to-off-site pedestrian
improvements based upon an increa-sel in the intensity of the'use of this, site. With a maximum cap on
the total Vehicle Trips per Day, for °this site, of 2,799 VPD,; the transportation impacts associated with
this request are limited "to an extent. The. Board sbou'ld evaluate if'�the, approach to addressing the
transportation component of the application is, acceptable, and the amount of the potential proffer
appropriate. Aside from this, the application appears to have mitigated many of the'impacts associated
with "the rezoning request. The Planning ,Commission affirmed this with'their,recommendation of
approval.
Followiuk the: required public heariizm, a' decision rezardinzi s r ezoninzapplication brthe
Boatd, of Supervisors would be_ appropriate: The applicant should -be preoaied to adegudiely
address all concerns. raised. by the Board of Supervisors.
• •
.Rezoning #03 - 15.MBC., LO
June I ,* 201 "5
.Page 3
This report is prepared by the Frederick County Planning, Staff,to -provide information to the
Planning Commission ,and the Boi7ed,ofSupervisorst6 assist then 'in-'ntakitigadec'i"*
ton
s on: this
application. .1inlay also be useful to others interested _in this !zoning patter: Unresolved
issues
concernt,ng this application are. toted by staff where relevant throughoat diisstaff-rep'ort.
Reviewed Action
05/06 /15' Recoinm nde4Approval
Planning Commission;
Bo.ard,6f Supervisors: 06/1,0/15 Pending,
PROPOSAL: To rezone 2.96+/. ackes.as follows: "0.60+/- acres from MH I (Mobile Home Community)
Districtto,-B2 (General Business! .01 strict and-236-acres "6om'133 (Industrial Transition) District to B2
(General Business) District, with proffers,
LOCATION: The properties at&.locafed .on the southern side of Route 7, and 1/4, miles,-. east of
Winchester at,E4ard Circle,.'
MAGISTERIAL DISTRICT: Redbud
PROPERTY ID NUMBERS: 55-A=34 and *55-A-34A
PROPERTY ZONING: B3 (Industrial Tiansition) with P roffers;-that allow only one 'use_ -'-' Mobile
Home Sales.
.PRESENT USE: Vacant.
ADJOINING PROPERTY ZONING &,.PRESENT USE:
North: B2, { General -Business)
R_P'(Residential Performance)
S t
6u li. MH I (Mob.i_leHom6)_
East.: B2 {General Business)
West M2 (HeaV-y,.1nduMfi`al)
Use_ :
Commercial
Residential /Assisted Living
Use:
Mobile AomeComrnunify
Use:
Commercial
Vs.e-.,
Industrial
Rezoning #03- 15MBC,,LC°.
June 1,;2015
Page, 4
REVIEW EVALUATIONS:
Vir0hia Dept. of TrahWoriation : :Please: see attached etndil;datedgarch 23, 2015fromMaithew.E.
Smith, P.E.
Fire and`Rescue: Plan approved.
Public Works Department: The proposed rezoning of 2.96 acres owned by MB"C, LC s.approved by
The Public Works Department without further comments.
Frederick County 'Sani"tation'Author -ity: Please see attached letter datedMarch2,2015,fi ;omUwe
e. Weindel, PE.
Frederick= Winchester Serviee Authority: The applicant needs to be+c`learer on sewer.:and water: �20"
water easement has nothing, to do with sewer conveyance. Does water- main exist in easement? No
technical comments.
Frederick'County'Park &`R'ecreation - .Parks and Recreafion,encouragesthe proffered support fora
Route, 7 pedestrian-crossing. However; identifying this as "in the vicinity of Millwood Drive" will put
the crossing; at a signalized intersectionand is advised.
Frederick County Public, Schools:, Nd comments.
Frederick County Attorney: Please see attached letter dated March 27, 2015, from' Roderick B.
Williams; County Attorney.
Planning 8i Zoning:
1) Site History
In 1995, the;'property for which `this :rezoning- being requested was subject to rezoning
application �RZ #03 95,'This application was for a B3 (Industrial - Transition) commercial;zoiniing
with ptoffers.. : The proffer statement »was veryspecific in that;it siated that the rezoned property
Shall °only be used formanufactured;home model display and sales with, associated office: The
property was previously zoned B2 (General` Business): -
2) Comprehensive Polio Plan
T1ie2030 Coin rehensive, Plan is the uide,for the'fiiture growth of;Freder
- P g ick .County.
The -2030 Comprehensive Plan is an official public document that serves as the community's
i life raThed rims m oal of th s preservation, lan is to 1i protect andi mprove key
guide for making decisions g g p
cornp-onents of commun t p =- ry g p p the
Y
living environn ent•within,Frederick County. It is in,essence a'compos.ition of.policies-used to
plan for the future, physical development of Frederick County.
Rezoning #03= 15MBC, LC
June 1,, 20 TS
Page 5
The Area Plans, Appendix I of the 203'0 Comprehensive Plan, are;the primary implementation
tool and will'be instrumental to. the future planning efforts of the County.
In orderforany- proposed rezoningto_be =approved, the applicants will be expectedto contribute
a reasonable portion ofthe costs, of new or expanded infrastructut6needed to servethe proposed
development. Such contributions can be in the form of cash, dedicated land, or constructed
improvements or in any other manner consistent with the Code of Virginia. [2030
Comprehensive Plan; Implementing. the Plan,, V]
'Rezoning.requests. "should be< evaluated to determine,their:potential impacts on public facilities.
Costs to the County should.be estimated in terms, of what impact the development, which could
result from the proposed'rezoning, would have on public facilities and infrastructure. [2030
Comprehensive Plan, Implementing the Plan, V]
Rezoning 'requests, should not be approved unless the net :impacts on public facilities are
positive, or unless the - negative impacts can be�adequately addressed through proffers or some
other m'earis. A request for rezoningmay be turned.down even though.all fiscal. impacts,,appear
'to be addressed. If there are other inpactswhich are .not addressed bythe;rezoning application,
or if the request does. not` conform. to this plan, a similar' method should be developed, for
determining the.impacts of proposeddevelopments on transportation. systems and other public
facilities. [2030 Comprehensive Plan,. Implementing the Plan„ V]
Land Use.
The 2030 Comprehensive, Plan'and the Sen_seny /Eastern Frederick Urban Area Plan provide
guidance on.,the future development of the property. The prop
erty, is located, within the UDA
and SWSA. The" 2030 Comprehensive Plan identifiesthe�general area surroundingthisproperty
with a high . density` residential.` land - use designation. - Historically, this property has. been
identified. with a commercial land use designation and the area fronfing along;Route 7 has
developed commercially., In general, the proposed commercial land use designation for this
property is' consistent with. the current land ;use supported by the Comprehensive Plan which
continues to promote the existing commercial land uses along the Route 7 corridor. Tlisgeneral
area continues to contain and_. promote -both commercial and residential land uses'.
Site Access and Transportation..
The Eastern Road Plan and the.Senseny %Eastern FrederickUrban Area Plari call forRoute 7 to
bean improved.major arterial road. ,Access to this site Will be�vi&aAirect connection'to Route
7, Berryville Pike, and,mdirectly, from Eckard Circle.
The siie is .located in. close proximity to thei intersection of Route 7, Blossom Drive, and
Millbrook: Drive, a direct route to the Millbrook High and Red Bud Run .Elementary school
cluster, and- the�southe.rn entrance to the Third Battle of Winchester'Battlefield site. As a result
.of this,"concerh:'has previously been,expressed about egress from this site.for traffic looking to
travel west.on Route 7., In 7addition. the location of this.intersection provides an opportunity to
addresspedestrian accommodations at this'location thatwould benefit pedestrians. and bicyclists
Using this area.
Rezoning, #03- 15MBC, LC
June 1,'201'5.
Page 6
The application proposes. to _stage the use of the entrances to this site based upon vehicle; trip
counts; closing the easternmost entrance'(closest tathe existing. signal) with any development
on the site and utilizingan entrance onto Eckard Circlelintil 500. Vehicle Trips per Day (VPD)
is achieved. The westernmost.entrance•will be improved and ulfiniatelybe the`enirance serving
the site. ,
As part of the development of,this `site; additional right -of -way will be dedicated along Route 7
and a 10' hike/bike trail will be constructed. In addition, the owner proffers' to contribute
additional money available for pedestriari.improvernents along the. Route 7 corridor; $10;000
when the use of.the 'pro."perty' generates more than 5Q0' Vehicle Trips per Day .(VPD), and
$50,000 when uses on the property generate m`ore than. 1•;500- VPD. It is noted that the
guaranteed improvements are the: same as those-that would be required•with the,development of
the site and the proffered contributions -for ,additional pedestrian, •improvements would .only
occur if the use of the property - increases in the future.,
Environment.
Issues concerning water qual. ity; quantity, use; and `protection of water resources . fare directly
related to land development` activities. `Water supplies are needed.fo support development, while
surface and groundwater are potentially affected. by development activities [2030
Comprehensive Plan, 'Section VII, Natural Resources].
Histo .
According to the Rural Landmarks Survey, there are -no significant historic structures located on
the properties nor are there, any possible historic districts in"the vicinity.
3) Site Suitability/Environment
i
The site 'is ';not located within
of near. any t'00''year floodplains. In addition, there. are no
woodlands or' otherenvironmental features on the site.
4) Potenti'al.Impacts
Itshould be noted, that' this applicat on`provides'no limitation on the potential- commercial land
-use that may, be" developed on the site. All land uses permitted in. the, B2 District. would 'be
allowed. Howeveri it" is unlikely thatthey would be able to develop at their maximum intensity
due to the Vehicle Trip per Day. (VPD) cap that the Applicant has proffered (2,977 VPD).
The Application has addressed the potential `impacts of this rezoning request by lirikirig
improvements to the vehicle tri p:. count; therefore; the�majority of the impacts addressed deal
with transportation. This,s a highway commercial location and amore intensive:development
proposal would be,appropri_ate., As ,such, it is important to ensure the impacts associated with
such a development are addressed.
Rezoning #01.1_5MBC, LC
June 1, 2015
Page 7
Transportation improvements to Route. 7, ,Berryville Pike, are anticipated' in the future.
Therefore, i6s important that the right= of- way need's for the future improvements to Route 7 are
accommodated, and the.application;provides -some contribution to transportation improvements
resulting from the�impact's of this new development. The additional dedi'cati'on of right -of -way
along:Berryville Pike to ;provide a minimum right -of way of 60' from the road 'centerline of
eastbound Route 7 appears'to be sufficient.
The proposed monetary contribution maybe an a.eceptable.alternative to the actual construction
of physical improvements. If xhould. be deternzined',if the amount and tim ing of the
contribution: is sufficient,giveir the potential use of tle,propgrty:
Frederick - County Transportation Comments:
Due to the recent receipt of VDOT's comments on'the package ,and their concerns' with the
TIA, staff would note that any comments that :follow could be amended upon seeing
updates /corrections to the. TIA.:
Staff is supportive of the. entrance limitations .and. pedestrian's ,enhancements proffered by the
;applicant. However, as VDDT did, staff would note that there is a possible need for a right turn
lane into the proposed entrance on Route :7 and would- suggestthat warrants be run to determine
this. Due to thephased nature ofthe transportation proffers,and the associated trips, perhaps the
turn.lane .can be accommodated °thesame way Finally, regarding R -O -W, it appears that 1.0' is
sufficient,, but ,staff would .recommend following 'VDOT's recommendat'i'on of a conceptual
layout to evaluate this.., .
5) .Proffer Statememt
A) Allowed- Uses: .
AlI of the ,uses permitted in the B2 (General' Business) D strict would be allowed. No
additional use restrictions have been. proffered bythe.Apphoant.
This application, addresses the intensity'of the development by relating this.,to the
i number of Vehicle Trips per Day (VPD). 500 VPD and 1;500 VPD are thetwo triggers
used to initiate entrance modifications and monetary, contributions for off -site pedestrian
improvements. A total cap on the development `intensity`on'the site of,2;977 VPD is
used, by, This is consistent with the TIA prepared for,this application.
. u ,.
B) Access Management and' Transportation:, ,
The application,proffersAo, stage tlie`use of the entrances.to this'site based: upon vehicle
trip, counts-as follows:;
• Closng, the 'easternmost entrance (closest: to the existing, signal) with any
''development on the site.
Utilizing an entrance onto Eckard Circlo until.500 Vehicle Trips Per Day (VPD)
is achieved..
Rezoning #0345MBC,'LC
June Y, 2015
Page 8
The westernmost,entrance will be improved.and' ultimately4be,the entrance serving the
site.
'The application `proffers to contri bute additional, .money: available for pedestrian
improvements along the Route >7 corridor based on vehicle trip •counts „as follows-.
• $ L0,000 when .the use of the property generates more than 500 Vehicle Trips per
Day'(VPD)
• $50,000 when uses on the property ' generate-ifiore than •l „500 VPD..
It has been, noted that "this is,the.onlypoiez"M71 contribution to °off site transportation
improvements associaied to this request:
C) Site Development:
No Additional` standardshave been :proffered.
D) Mitigating the Impact of. Development-
The Applicant has: proffered a. cash contribution in the ,amount of $0.:10 per building
square fdotto be directed to Frederick',County. Fire and Rescue. The purpose of this
dedication would b'e'toOssist;in the capital facility needs of fire and rescue associated
with the development of this' property.
The Applic ant has "proffered.arestti'ction on outdoor, construction activities on.the site to
minimize -`the potential impact of `the development. of'the ,site on the residents of the
neighboring mobile.home.park.
i STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COIVIIVIISSION- MEETING:
This is an application to rezone a total of: 2.96 acres-of land from B3 (Ind istrial5fansition) District -with
resfrictive.proffers and`the IVIH1 (1Vlobile Hoine;Community,) District to B2 (General Business) District
with proffers to accommodate coniniercial'uses. The'property is located within the Urban Development
Area (UDA) and the'Sewer. and WaterService Area (SWSA). In general, the proposedcominerc alland
j use. designation for this property is corisi`stentwi'th thecurrent land use.supp_orted by the;Comprehensive
Plan which continues =to promote ihe°existing`coirnm'ercial land uses along'the.Route 7 corridor. This
general :area continues to contain and promote both commercial and residential' land uses.
With this rezoning, the applicant.has'proffered that ihis-project will' cont-ibute'to off --site pedestrian
improvements based upon an increase in the intensityofthe use of this site; With a maximum cap on
the total Vehicle Trips per Day for ;this: site of 2,799 VPD;'the transportation impacts associated with
this request are: limited.:to an extent. The . Planning Commission should, evaluates if the approach to
addressing the transportation component of the application is acceptable, and the. amount of the
potential proffer`:appropriate. Aside -from this, the application appears to',have`niitigated many of the
impacts .associated with the rezoning request.
'•
Rezoning; #03AWBC; LC
June 1, 2015
Page 9
PLANNING COMMISSION SUM -MARL' AND ACTION FROlVLTHE 05/,06 115'MEETING:
Staff presented an overview.ofthe proposed application to rezone 2.96 + /- acres as follows: 0.60 + /-
from MH1 (Mobilei Home Community) District to B2 (General Business) District and 2.36 acres
from'133 (Industrial Transition) .District to B2 (General Business) District with proffer's. Staff noted
with. this rezoning, a,-.'maximum cap'on'°the total'Whiele Trips per -IDay for this site of2,799 VP D,
the transportation impacts�associated with this. request are lim 'ted,'to, an extent. Staff.'explained' that
this application provides no `limitation on the potential commercial land.,usc4hat maybe developed
on the. site and all B2 Distric't land uses would be - allowed. The, application proposes to stage the
use of'the entrances to this site based upon vehicle trip counts; closing.the easternmost entrance
(closest to the existing, signal) with. any development- on the site and utilizing an entrance onto
Eckard Circle;_ the westernmost entrance will be improved and ultimately be the entrance serving
the- property.
A Commission' Member inquired the: importance of. a site. plan, in, regards to the number of 'vehicle
trips per day. Staff explained once'the site °plan, is� approved by staff and "then VDOT the"number-of
-trips is based on the square, footage of the building /s, A Commission Member.requested,
clarification of the proffer for hikingi ike trail. ,Staff noted thegproffer applies to any development
on the site. Another Commission,Member asked Staff if they were comfortable with all the
information they have to °move forward with "this'project, S taff responded' yes.
Representation for the Applicant;noted thereis.a challenge with'a site,this small. A Commission
Member noted it would be helpful to incorporate a GDP with,the application.
The, 'Pubi c.Hearing portion, of theneetin "g was opened and, there, were no comments. The Public
Hearing portion. of the meeting was closed.
A motion was`made; seconded ,and unanimouslypassed,to recommend app_ roval of REZ #03 -1.5
MBC, LC.
Abstain.- Oates
Absent: Triplett, Motd_en
I
Applications
Parcels
Building'Footprints
�l
aP
Note:
REZ #' (3 15 Frederick County Depf of
MBC LC. Planning & Development
107`N Kerif St
PINS Suite 202
55 - A. - 34, 55 - A - 34A Winchester; VA 22601'
Rezoning fram:Mkl /B3 -to B2 540 -'665 5651
Map Creafecl.,April8,.2015'
Staff: mruddy
0 95 190 380 Feet
'LlUIXAM I
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APplications
Parcels
co-
Building Footprints
�
Bl,(Bt,fsiness, Neighborihood Pistrici),,
BZ(Business, Gene mf'D istrist)
41EDO
B3,(Buslness,,lndustr - i'al Trahsitibn.District I
4t)
EM (Extractive. MandfactIurl I ng District)
Nqte:.
Frederick County Dept,of
HE(Higher Education,District)
41D
V (industrial, Light,.District)
-V -
M2 (industrial, G-eneraf6istrict)
49>
MH e Community District)
41g>
_MS (Medical Support District)
(:r>
OM,(Office�- Manufacturing Pzirk)
Q>
R4 (Residerftial:Plann - ed C . ommunity District)
<D
R5 (Reg ideriflal Community Dist n(
Rk,(Rural Area Distri6t).
RP (Residential P.e rf6rman cc District),
Z
4 PIKE'.
_A Tf
jlfl�
REZ # 03 1-5
Nqte:.
Frederick County Dept,of
MBC, LC
Planning & Development':
107 N Kent St
PINS :
Suite 202
55 - A -,1341,55 - A 34A
Winchester; VA 22601
Rezo ning4rorn MH 0133
to B2 540 - 665 - 5651
Map Created: April,,8,2015
Staff:,mruddy
Rezoning: RZ.# 03. =15
Property.:- 196 acres
Tax Parcels.554A) -34 & 55- (A) =34A
Recur. "d Owner: MBC, LC
ProjeetTlame: MBC Rezoning
Original'Daate; of Proffers: February,26j, ZO15
Revision Date: April' 3, 201'5:
May 1;1,:2015
June . 1,2015
Magisterial •District: Redbud
Pursuamto.,Section 15:2-2296 Et Seq. ofthe Code'�o Virginia, 1950,. as.
amended, and the provisions of'the Frederi ckCounty Zoning Ordinance with:respect to
conditional zoning; the undersigned owner hereby offer the following proffers' ihat inrthe
event the Board ofSuper`visors of Frederick County.; Virgn, rsha a7 ll Rezonin a ?P rope '
Application # 15 'for reioriing of 2 96 acres from` >the B J & MH 1 Districts:to ,General:
Business {B =2) District, development=of the`su' 'gq_,properfy shalf be done. in conformity
with the terms and conditions set forth'hereln, except to the,extehtthat such'terrns'and'
conditions may, be subsequently amended or evised by the owrierand,such are; approved,
t b the.Board of Sipe- h the 'said Code and Zoning Ordinance: In
the event that suchrezon�rig �s riot granted, then, theke proffersshall be deemed:
j withdrawn and have no effect }whatsoever These proffers;shall be binding upon this
owrier; and,tlieir,legal successors, heirsor assigns.
Tlie Properties are =more particularlydescnbed as the land's' conveyed to MBC, LC;
from Mildred F Cole as recorded m the Frederick County CircuitCourt'Clerk's O`ffce as
instrument ##00013$492 dated December
I
f
i
1
' '� 1
Proffers:
-1. Trarisoortation
,a. Access
i. The eastern existing entrance on Berryville Pike, (Route 7) near Eckard
Circle shall be closed prior to the firsVoccupand y permit.
ii: An entrance onto Eekard Circle shall •be utilized upt l' development on
the Properties creates more than 500 VPD:
iii. The western entrance--on the Properties: from. Berryville.Pike`(Route 7)
shall be improved to •current VD'OT standards, prior to the _first
occupancy permit.
iv. A right turn„1'ane warrant analysis shall be submitted with, any site plan
for any site;entrance located along the,frontage of Route 7:.
b: Dedication and Pedestrian. Access.
i. •The owner hereby proffers_to dedicatefadditional ,Iand,along,Berryville 1. 'Pike to.'provi`de a minimum of 6U' of right of way from tlie:,centerline: .
of eas ;.04 d Route 7 Thus Is w l'be done, —.p r to, the first occupancy.
TO nit.
ii: The owner hereby proffers to construct a 10 06e4d lkerlbke trail'
along the Property's =frontage with Berryville Pike'per the; "2:030.
Corr ".r'ehense Plan Th�s;s willbe done nor;to the ,first occupancy
permit:
iii. The owner proffers to coritY�bute $10,000 to Frederick County for
pedesriantainprovements alongRoute,"T-when uses °generate: more' than
500 vehicle trips pW4y (VI? computed at site plan submission.
iv., When uses on the Properties generate more than 1,500 VPD;.as
computed at;site pl'ari submission; =the owner will coririibute an
addiiignal. $50,000'to Fredenck County for "ped..estriAh improvements
along Route. 7.
i
,I
I
'2
c. Development Cap
i. ln:confortnance with the Traffic Impact Analysis prepared: by Stowe
Fngineering.PLCin 2015, the development.of the propert:y:shall
gencrate:a.maaiinum. of 2;977 vehicles °per day per the. 9th-edition of
ITE Trip Uenerati.on. I'f a property use: is proposed. with a:higher.'dail }i
trip generation at site, plan,.submission; a, revised Traffic Impact
Analysis shall be-included with the submission of the site. plan.
2. 'Fire & Rescue -- Monetary Contributions
a. The owner hereby: pro "ffe.rs a'cash contribution to,Frederick.County"for. Fire
and .Rescue: purposes, of 50.10 per building :square foot to be�disbursedi to .the,
Frederick County ,Fire and Rescue Department; to, be paid prior "to each final!
site plan approval. The term "building square foot" shall be the: combined
floor area for each story'.
3. Considerations for'neighboring,Mobile Home Park:
a.. The, owner proffers' that:_ otitdoor 'construction,activities;'on -the Properties,
shall, not begin prior 7.30AM aid will: conclude no later "than 7:30 PSI.
The.condiiionsproffered!. above shalLbe Binding upon,he'irs, executors-
administrators;.assigns; and -successors. in the :interest oftlie owner and owner. In: the
event the Frederick County Board of Supervisors granis;this rezoning and accepts. the
conditions, the: proffered conditions shall apply: to the land, rezoned'in addition to other -
requirements set forth in. the Frederick County Code and Ordinance..
Respectfully Submitted:
13Y! r-r, idr��t Lolr rows 6 IS
G MBC. LC
Commonwealth of Virginia,.
City /Gty of To Wit:
The:foregoing.instrumerit was acknowledged before me this day�of ':: -- 20r
i
By
Notary Pubfic Reg'i'stration Nurnber
My Commission Expires
GREYWOLP-tl INC.
\1
1073AtD11UD'ROAD OVZNC'ffSIrEkkVA'R�216,03
4
IV
Virginia Pep -
_�yt !pqt,qf Titprispbftation June 1, 2015
,M
140;31 01d' ValleV'Pi 'e
46
Edinburg
\/A ,22824
M.r. Smith:
This 16tter is in' rinp ohsie. 'O.the commehts;dated May 15r 2015.
The first nine comments dealt:'dire'ctly with ;the Traffic; rripact Ar! . a '1ysis-,datal table8;
and format: Mr. Tim�Stbwe--of Stowe Engireering is addressing fh&e tomments,
directl,y:
The final. four comments . pe ita ih to the. .Pr ffers that provided arid.are
ad,dre�s'e'd be!
r, 1 .1 s4: - 11 pW.,
7cOMment; ,#-1,0:1N d
execorn Orf that :proffer `#-3 be moVbd,to,a, s6b"set° pf
transportation proffer # 1` anal. the wording updated gas fbll'6'Ws. In
` ' - '-
� conformance
n
ce with
the Tf6ffic.Impact,Aft6l y 5is or ebar6d by �to�e Engineering, P LC in 2015, th e
��fhe,` property's) ] a
the - 11 generate a': maximum of "Z,977 vehicles per day
per the. 5th edition'W FTETrip, Geiner,ptjoq. If a proo&ty, Us6 is propose d with a
higher d ai I p., generation a i s`ite' 0 1 a n 's ub m i s s i o n I ;a- revised Traffic_ 'I a t
Ana
lysis
shall be included wifh the submission of the site p Igh". The yehiqlb trips per icay
language currently 'included, ,Uhdet prd -- fter"il'should- be removed,,
.
R"e*sO6rfsjd: I have ' re-vi' sed.the proffers as you �have freq u'('!-ste&w-'ith'th language you
e q*_ pge
provided d'in quotes-ver verbatim::
Comment #111 We recomm-btid--that 0'rofti-41.a.iii bb 6pdaied.'to'sfa "or, that-a,
right
turn j,@p!p yyprrq`i*t,:anal y-si�`,'$,h-,!ll"be, , � vikhihe,.siie - pian"�fo'r•aiih-
y site 6ritraitidd
to be ,located along the property frontage prl
ou fe, 17 . Said entrance - hall be�
imp rqyp c anc/drco nsteU Cted-;"tb' curr6ntN?,OT.sian or&-pri6rt6,the issuance of the
first ,occu pancy. p erm it:
Response: I have.:revised the ofoffer-as, you have reque
cWh,men't-*-1'1i,We,recommend that beJUpd6ted,,t6,ttA6 thatAh,6 101
multiuse trail along the p- roperty's frontage of'Rout67 sliall
b for
e constructed
i6--fiftt o-;cc* - up . i5errnif prior
the, IssUarito of the CY.
Rtsodnse:1 hiiv6 reyjsed,ih- -
p
r4i you have requested.,
0 . 0
Coimment. #13;: We recommend, that ;proffers:.# b ii "i and iv be.con5olidated : a ;nd
U-0 to address the queueing issueat the eastbound, Route 7 left turn lane onto
Reg "envy La_kes:�D.rive.. Additio.nally,, please avoid utilizing Vehicles per'Day as a
proffer trigger: -, .as this measure is difficult ao track as development ,of the site .moves
forward in the future.
Response: The proffers have been :revised to -reflectlhe; needed pedestrian
improvements'i,nIA , area as requested by the County., INe are `offering cash proffers
to,be used as matching funds. We are not offering any" nmpro ements'to th'e Regency
Lakes intersection as the changes you requested" to the Traffic, Impact Analysis: now "
demonstrates that this rezonM6 has;'little impacts, to. it.
Please call if you have any.loyestions.
Tha'nk you,
Gary R. Oates, LS -B, PE
Greyl.61fe, Inc
April '6, 2'015
Matthew =B Smith, P.E. Aeea Land' Use, Engineer
Virginia DepartmentSofTran'sportation
Clarke, Fredenck,;:5henandoah;& 1Narren;Cc bfl6s
14031 OId VallevPike
Edinburg,. VA 2.1824
RE: MBC LLC'- VIYOT1,Comments to Rezoning /TIA.
i
i
Dear MK Smith:
In response'to ,VD,OT comments: provided in'your email dated 3 /23/15 I offer the following:
All Synchro mod.els'and analysis reports included with ,the submission ; of the TIA contain.
Aincorrect,; permissive only lefttturn phasing,at b "oth s'ignali2ed intersections within the study
area. The •existing year S ync, rq analysis must uttlize +existing signal fpi. and;timing Please
contact Grant Sanders in Traffic Engineering in the, Staunton` District Office to requestezist ng.
signal,d'at'a '(�eaiit. sanders @vdot.virei'nia.gov). For °all future, year Synchro models,�the�two
'
sighaked' iht&sedtions,Withih the'study,area should ;be.coordinated and optimized for
analysis::, Once the $ynehr "olrnodels`ha,ve been updated`to, provideithe correct signal phasing) the
! report will' need•to be,revisedto refiect,tlie updatedanalysisand outputresults:, Also note that
._
tt a current Level of Servicetand delays- presented'in Ta'bles.l 4 0
f the'TIA;do not teflect.the
invalid Synchro =models or output reports inck ded .4h Appendix B,.
t
Response - nl,emailed °and'spoke.w�th Sanders concerning timing plan`sin the Route 7 corridor
and received, this response; `,
j These intersections.are InSynciQdapti►ie S�gn._41 Control Technology (ASCTJ, intersections;.
so. can't provide-,y- with traditional °;t�m�ngs'like,yo"q used "to seeing':::
Ezis "tang fiinmgs. were field measured'to establish fheexisting. signq(timin`g ; Tiiesettiinings ;were,
- g° _ m._ f .
' entered <�nto ttie:existin conditions mode/ and'are re ,lected inthe, associa'ted.reporfs
All'other requested model adjustments have been,made::
2.•. 'P;lease,pro"vide.a`�rightFturn "lane wariant4analysis for•the site entrance m, the report- With the
6yuild•out i-ightturn volumes,and;approaching volumes on R'oute7,,,.a full r,'ig'ht.turn, lane,iand
taper will be required.: Update: -the report to provide thearight turn' lan& as atrecommendation.
and; include a co t estimate VDOT recommends that the right turn.lane'improvement at °the
sit0.entrance should alsobe.incIude. d` it the associated 0roffers.with'the same 1,1 5 00 site
t generatedPD�trigger`a`s existing proffer 1.c:_i:
f
Response_: The right [urnhlane'warrant will be; provided with the.fite;plan:,
103. Heat Court,. Winchester Virginia 22'602 (540)'686.7 3 evW (5.40) 301.-1100
email: Ti'mSto.we @Sto.weCompanies com
,• - I O
:Matthew,smitki
` Aprii 6,2015
`Page 2 .
3'. A concept plan has not been;rieluded, m the repor.,t, At a ninirri`um; please provide a scaled
concept plan that shows,the site boundary, existingconditions;: posed entrances °(including
lane.configurat on ani thiroat deptf ), existing rigkit- of'way width,a "nd proposed right -of =way
dedic0ion'(,w0 dimensionsy..
i
Response Due; to the small nature of`tho site,'Whjch"hds, /es thane %ocres'.ofdevelopable °area, a
i traditiondl GDP has -not been! prepared The attached drawng,sliows tfie requested i tems:
i
4. There is�concern that the IY of right- of=waydedication along'the property frontage of Roote.'7
currently ihcluded`in-the proffers wilt not accommodate the planned, futures
g g
'. Providin the concept plan,as requested above'in:comment #3 wil[assist in this
widenin
determination.
Response. Tlie'attached tlrawin0,, shows the existing''Ro ite. Z right of Way, adjacentao thesite.
rTlie dimensions�shoe,the distance from •tl e. tentetline of " the - eastbound- ,16nes to the;&isting
right of `way tine Where less °than'60 ft, of right of,way exist; addit onal.right pfivo ' has'been
r proffered toprovide 60'ft It,&,l xpecfe&an additi6nal12 ,ft:;&a.vef4ane and 10fr sh6tild:can'.be
- accommodated within,thisi60lft right'of_way,.,
15.. Update the Current;Zoningsection on page lof'the report to remove "li&h manufacturing'
from -the requested,zoning:,
r
Response: as •requested.
6'. Provide tf a posted speed limit of -45 mph for Route 7 aiong= thepropertyfrontage in the Existing.
Roadways section on'page 4;o.f"the "report. Update all synchro, models to increase the
designated.speed froml3O,mph to.45'mph onAcufe 7
Response: yas. requested..
i T: Update the Peak,Hour,Factor to 0 92;:for ail movements in'fhe future year',Synehro models.
i Response:, asrequeste.d:
8 P.e;r the,descripfion of Figure.6'on page 6 of the, report andlhe;aetual title,description, rigure <6 is
supposed;to• i.Ilustrate current lane 'geometrq,,.butisinaccurate. P;lease'update- Figure 6`to,
reprent.the cor
es rectlane geomefry or prov_ide'an additional figure to show existingtlane
I configurations.,
Matthew Smith
April 6, 2015'
Page 3
Response: The information has been revised where needed.
'9. Please revise the Trip.Distrib,ution and Pass By Adjustment,diagrams(Figures 10and 10A)'to
clarify trip assignments foreach movement.. The current posit'ioning;ofthe trip figures is
somewhat unclearin terms;of tFie assigned movement.
Response'Thefiguresfhgve been.re.vised to, clarify the information presented.,
10. Please provide an additional Figure in the report that identifies the location and provides a
description,of the reco-mmended improvements.
Response: please see the attachedudrawing.
If you have:any.questiom, please; do not.hesitate to contact me.
Sincerely,
Timoth y ;'."ZoWe, PE, LS
President
Attachments
From:.Funkhouser Rhonda (VDOT) [ mailto: Rhon` da .Funkhouser @VDOT:Virginia.gov] On
Behalf.Of:Smi te,.Matthew, PE.1 (VDOT)
°Sent: Monday,, March 23, 2015 9;02 AM,
To: Tim.Stowe
Cc: John Bishop-- Short, Terry (VDOT);.Campbell, Adam'(VDOT); I_ngram,.Lloyd (VDOT)
Smith, Matthew, P.E. (VDOT)
Subieet 1vMBC LLC - VDOT Comments to Rezoning /TIA
Please find VDOT's review,comments on the MLB LLC Rezoning /Traffic Impact;Analys "s as
received by this office February 251 2015.
L All Synchro. models and analysis reports includ= ed.with the:submission of th.e TIA.contain
incorrect permissive•orly'aeft turn. phasing at both signalized intersections within the
study area. The existing�year Synchro analysis: must. utilize . existing signal phasing and
timing: Please contact Grant -Sanders.in Traffic. Engineering in the Staunton p strict;Office
to request existing signal data ( grant .sandersC'udot.virginia.gov): For all,future,,year
Synchro models, the two signalized intersections within the study area s_ hould `be
ed
coordinated and optimiz _for analysis. Once the Synchro inodeis have been updated to
provid.eithe correct signal'phasi'ng, the' report°will need to be revised, to reflect the updated
analysis and output results. Also note"that the current Level of'Serviceand delays
presented in Tables, 1- 4, of the;TIA do, not reflect the invalid Synchro models or output;
reports included in Appendix B.
2. Please provide a right turn lane warrant analysisfot the site in. the report. With
the! buildout rightturn volumes and - approaching vdiumeston Route 7, a full right turn lane
and taper will be required. 'Up4AV `thereport to,provide the right turn'lane;as a
recommendation and-include a,cost estimate; V,DOT'recommends that the right turn-lane
impro-vementaf the site entrance shouldl also.,be included in the,associated proffers with
the same 1,500`-site generated VPDAtiggei as existing proffer 1.6.
3. Ac oncept plan`has not been,inc�luded 'in the report. At.a minimum, please provide a scaled
concept plan that:shows thesite boundary,; existing;conditions, proposed entrances
,(including lane configuraiion;and throat: depth), existing right -,of =way width'and proposed
right -of -way. dedication (.with dimensions).
4. There `is' "concern that the 10' of right- of-waydedication along"-the property'froht igo of
Route`7 currently iyncluded`in,the,proffers will not accommodate the planned,future.
widening. Pro.viding'the coricept�plan as,requested above in comment #31. Will assist. in this
determination,
5. Update: the Current Zonirigsection on page:3 of the report to remove "light manufacturing"
from the requested zoning:
6. Provide the posted,speed'limit of 45- mph for Route'7 alorigthe property`frontage.in the
Existing Roadways.section:on page 4,of the report. Update all Synchro models to increase
the designated, speed from X3.0 mph to 45'mph on Route 7.
7. -Update the: Peak, Hour Factor to 0;92. for all movements in the future year Synchro models;
8 Per the description of Figure-.6-on page 6 of the report and the actual title description,
Figure 6 is supposed to'illustrate current lane geometry, but is inaccurate. Pleaseupdate
Figure 6 torepresent thec-orrect lane geometry or provide an additional figure =to show
existing:jane; configurations..
9. Please revise the Trip'Distribution and, Pass By Adjustment diagrams (Figures 10 and 10A)
to clarify trip as "signments . for each. movement. The current positioning Of the trip figures. is
somewhat unclear in' terms of the'a'ssigned mi ovement.
p g p : the'location and provides a
10. Please... rov�de an additional Ei ure i`n the�re ort that identifies„
description of the rewm— mended:,improvemerits'.
If you have,any questions, please do'noi hesitate `to contact us,
Matthew B. Smith, RE.' I 'Area`Land Use Engineer
Virginia Department of Transportation
Ciar,ke, Frederick, Shenandoah'& Wprren ,Counties
3.403.1; Did. Valley Pike
Edinburg; VA 22824
voice`.; 540/984 -5615
fax: 540",984 =5607
e- mail`. Matthew:SmithOvdot.virdi6ia:gov
FREA DERIC COUNTY
S'ANITAT QOM .A,-, T h--Q_7 Y
Post Office Bee is,, -1
UWe E. WOndel,�P.E.
March
Wes,
PreYW61fe, Inc.
.1,073 Redbud 'Road
Winchester, Virginia 22603
Ref: Rezoning Application. Comments
MBC,,LC
Tax Map,455-A-34- & 55.'-A,34A.-
Dear Sir:
Per.your—re-qpest, a review of 'the , ;proposed re' ing,kpplidatibh has 'been performed. d. lie Frederick, County
SAnitatiOp Authority offers, comments, limited to. the anticipated imp4ctleffect upon, th e Authority's public water
a0d,sanitary -sewer system .and the demands thereon
The parcels are in the water and sanitary sewer area served by the Authority. Based on the locati on, 'boffi-water and
sanitary sewer,service'is available within;a- reasonable distance from "ihe:site.Sanitary sewer treatment capacity at
the Waste water treatment plant 'is also presently av ai Ilab! e . .Sanitary-sewer conveyance capacity and ayoutwilLbe
c6ritingent, on the Applicant.-perkirniin 9 a technical analysis of ifie,existing'sanitary sewer system within the area
.
to be :served and the ability, of the existing conveyance system 'to accept additional load. Likewise, -water
distribution capacity will require, the applicant to,,petform a technical analysis of the existing system within the
area to be served to determine available ,capacity of both the potable water, syst . em and the ability toprovidefire
protection..
Water and sanitary sewers are to be. constructed "aiccordan e with,the FCSA standards specifidations. Dedicated
C
easlemOnts,,may, be requires and based on the layout access will nie'edf be incorporated. , into , the final
cular to
design. All easements should, be4eo,. from any iencumbrance including permanent 'structures (fences, signs, etc.)
andjan&qaping'(trees, shrubs; etc):
Please be a that the Authority not� review comment ni upon proffers and/or; conditions ;proposed or
submitted by the appli- cant
in suppqr% of of in conjunction with this plan,, pot does the Authority assume or
undertike.. any; responsibility. to -review or comment -upon any amended proMrs and/or conditions which the
Applicant .may .hereafter viovide to Frederick County.
Thank.you.,
Engineer-Director
WORTH #T
G-.R,EY'WO1LFEj. INC.
1073 REDBUD'RoAD • WINCHESTER, VA 22603
(540) 667-m2001 *,(54:0) 545-,-4001 FAX
qREYWOLFEINC@)AOL.COM
Roderick B. Williams, Cobnty?kttorn-ey
March ,31, 2015
107' North Kent Street
Winchester., VA 22601
Subject,,MBC,;11-C Rezoning,
Mr. W.11flams,
This letter is,responsp,to yoiu'r comments h 27, 201-5. 1 have revised
nts,date�d Marc'
the proffers based your comments and have attached -them tothis;letter.
11. 1 ' will submit the latest ,application tofthe County for Public: Rearing.
2. A; list Of all owners will be on the applicat
.ion,and, I. have attached those to this
lefteras well. TheY'have °all'agr66d to allow the Bank of Clarke County, as
trustee, sign all documents pertaining to` his. rezoning on their -beha If.
3. The- term "The Properties "' has replaced `=The .MBC parcels °throughout the
proffers as requested.
4. Proffer 1 ha's been modified to place "triggers" for their occurrence.
S.. Proftr 4 ha& been modified to clarify outdoor activities 'On the
properties.
7hankyou,
Gary R! Oates, - LS-B, PE.
GreyWolfe, Inc
GREYWOLI FE , INC
. 1073 REDBM ROAD A .WINCHESTERy VA 22603'
('540) 667 -1001 ! (540) 545 -4001 FAx
`GREYWOL'FEINC@A'OL.COM
Frederick County Planning 8i b'evelopment March 31, 2015
1'07 North Kent Street
Winchester, VA 22603
Mr. Ruddy;,
Thank you for the.,response to the MBC Rezoning application. I will attemptto
address your below.
1.. In regards to "n& limitations" on the uses: While the application requires an
analysis of 50,000 sf retail;'the area within. thesetbacks and buffers is 38,913 sf.
'That would only leave enough room for 85 parking spaces on the remainder of
the site within,; setbacks and buffers-. During the r,.oundtable meetings with VDOT,
they felt an analysis of'a drive -thru. fast -food restaurant was more likely and
delivers an extremely high:,arriount of traffic: That is why we have capped the
traffic - 2,977 VPD's in the proffers
2. Proffer 1 has been modified. based on your comments and that of the County
Attorney.
3. I have not, nor will proffer t0- preserve the, vegetation "alon:g the mobile
home park. While that would definitely save mdney'on development costs; future
development may want to :plant'a more attractive buffer since the existing
vegetation is mostly briars, brush, and locust trees'.
4. The proffer. containing. the,;2;9.77 VPD cap is meant to protect the County from
any unexpected high traffic generator that is not accounted at this aime.:Our
transportation_ proffers are designed W address anythInq up to a fast-food
.restaurant with drive -thru lanes. The 1,500 VP,D trigger is :in line .with 10,000 sf
of'reta l (a strip mall) developed on the:site:in the #uture.
5. The proffer language for.the $10,000 contribution has, been changed to remove
in the vicinity of benny Lane. "That, way the money may be.'appl_ied wherever
the,'County and VROT determine is the best'location for a ceossin-g:.
Thank you,
Oates, -LS -6, PI=
Grey Wolfe Anc
pf�9Mu.v
APO 8 ;2015
1G1' -f �-0� •
q COUNTY of FREDERICK
Department of Planning and, ; Development
540/665 75651
FAX: 540/665-6395
nae
MEMORANDUM
TO: Gary Oates
GreyWolfe, 'Inc..
FROM: Michael T. Rudd
i Y, AICP
Deputy Director
RE: Rezoning: Comments:: MBC; LC Commercial Rezoning_
l 790 Berryville Pike- 55 -A 34 and ,55- A =34A:
DATE: March- 25;,2Q15
The, following comments `are offered regarding "the MBC, LC 'Commercial 'Rezoning
Application. This is a: "request ' to rezone 2:96 acre 's from B3 (Industrial Transition),
District with Proffers- and MHI (Mobile, Horne Community),` District to 'B2 (General;
Batement dated Fe}iru � 26o2ff015 and he ImeacflAnalnsi Slty�` based upon 'the proffer
ary. , ,.. p y temenf of'the.same ;date.
'Prior to' formal "sub riission to. "the County, please ensure, that these comments and all
review' agency ,comments: are ,adequately addressed At a minimum, a °letter describing
how each of the agencies sand their comments have, been addressed should be, included ,as
part of the submission.
General
The . submission =fee for this application would :total $1'0;296`:QO; liased upon"
acreage of- 296:acres. -
;. Land Use'
l) The 2030 Comprehensive' Plan and the Senseny/Easterri Frederick Area Plan,
,• provide �guidance� on the :future development of ' tl e' property.: The property is
located , d within the -UDA, and' S WSA. The 2030 Comprehensive- Plan identifies the
' general area surrounding this property with a, high. density =residential land use
designation. Historically, this property'has been identified with a commercial land
use designation and the area fronting along Route 7 has,-developed commercially:
In general, the proposed" commercial land- use designation for this property is
consistent with, the current land use supported by'the Comprehensive "P.lan which
continues'to promote the ekisfing commercial land usesalorig the Route 7
107 North Kent Street;'Suite 202 , Winchester,.Virginia,22601- 5000
MBC, LC Commercial Rezoning
1790 Berryville Pike;'PIN's' 55 -A -34 and 55 -A -34A
March 25 '20+15
Page 2
corridor: 'This general 'area continues to contain and promote both .commercial and
residential land uses:
Impact Analysis and'Proffer 'Statement
j Please address the., following items from the Impact Analysis and Proffer Statement.
prepared,for this Application.
i
1) . It should be noted that= this application provides, no limitation on. the _potential
commercial land use that` may be developed on, the site. All land uses permitted in
the B2 District at their makmum intensity would- be allowed. Based on the.
acreage, the maximum possible business intensity based on trip generation and
fiscal irripact on,capitalfacilites (Fre'd'erick County.Rezoning Application) would
be approximately.S0,006 square feet of•retail use.
2) The Application has, addressed .'the potential 'impacts of this rezoning request, by
linking improvements to. the :vehicle. trip count,; therefore, the majority of the
impacts addressed deal with transportation. This- is a. highway, commercial,
location and a ;more intensive deve'l'opment proposal; would be appropriate. As
such, it is :important to ensure; the impacts associated with ;such, a development are;
addressed.
3) Transportation improvements �to Route 7, Berryville Pike; are 'anticipate`d in the,
future., Therefore; it-is important that the right-of-way, needs for the future
improvements to Route 7 are accommodated, and the application provides some
contribution to transportation improvements resulting: from' the impacts iof "this
new development. The additional 10 feet of dedication appears to. be sufficient-.
The proposed monetary° -contribution' may, 'be an acceptable 'al•ternative to the
actual construction of .,physical improvements. It should be determined if the
1 amount and timing of the, contribution is 'sufficient given the' potential use of the
property.,
4) The MBC parcel currently has two entrances onto Berryville 'Pike. The third .
entrance mentioned in the proffers would not be classified ' as !an,, °existing
commercial entrance as described in the proffer statement:, In the future,, a new
entrance onto Eckard'.Circle'leading °to the private road accessing Route'7 may be
,part ofthe development.arid desirable: as part of the overall traffic circulation plan..
5) To the greatest extent possible, the proffer statement should avoid additional
narrative and only :include proffers. that are :above and' beyond current ordinance
requirements. I would suggest modifying{proffer 1. a Access, accordingly:
6) The most recent site plan for this site, SP#46 =95, included. a note to preserve 'the
existing trees. and, vegetation where possible adjacent to the rear property—, line.
This was in addition 'to the required screening and was aimed at providing - an
-,enhanced buffer between the commercial project and the adjacent residences
within the mobile home park—Consideration of supplementing the -buffer for 4he
benefit of the adjacent residences may be warranted.
MBC, LC. Commercial Rezoning
1790 Berryville Pike; PIN's 55 =A -34 and 55 -A -34A
'March 125.; 2015
Page 3
7) With regards to the proposed triggered approach to the proffered transportation
improvements,. it is rioted that the provision of off =site `improvements are delayed
.beyond the initial development of the site base_ d upon future trip.,generation. Two
triggers are used.
i. 5100 VPD = entrance,restrictions and a $1.0;000, contribution to assist with
pedestrian crossing; improvements at. the. Route 7 and Denny_ Lane
intersection.
ii. 1,500 VPD - a, left turn lane improvement;�on Rout'e,7 at Regency Lakes.
Drive.
A total cap of`2,07.7 VPD's is proffered, presumably, .for uses locating on the site.
Additional definition should ;be, provided clarifying this proffer. Based, on this; it
appears as though .no additional improvements` or contributions are anticipated
E with the initial B2. development of 'this site as a result of'the rezoning. The initial
improvements are more consistent with those. required for customary site
development as required by ordinance. It may be appropriate to adjust the triggers
accordingly to advance�the anticipated improvements.
8) Please ensure that `pedestrian accessibility, and circulation is provided to the
adjacent .properties'where appropriate; to ensure: this project is well integrated into
the surrounding community:; With regards to ,the, proffered 'pedestrian crossing
contribution, consideration .could be given to providing; a design for this
`improvement as approved by VD.OT, in conjunction with the development of an
initial site plan for this ,site. Any monetary contributions; made in the future based
i on the`triggers. would then be applicable to a real project and could be available
for a. potential 'match. ;:Depending on the use, pedestrian, access may be an
important consideration. At this time, no particular, use is, defined.
The . following comments have been provided in conjunction with John 'Bishop, County
Transportation Planner:,-
Due to the recent receipt of VDOT's comments on the package, and. their concerns
with4he TIA, •staff would note; that any-comments that follow�could be amended
upon,seeing updates /corrections to the TIA.
Staff, is supportive of the; entrance limitations' and pedestrian enhancements`
proffered by the,applicant. However, as VDOT did, staff would note that there is
a `possible heed: for a right turn lane into the proposed entrance on Route 7' and
would, suggest that warrants; be run to detenmine this: Due to the; placed nature of
the transportation proffers and "the associated trips, perhaps.'the turn lane can be
accommodated the same- way: Finally,, regarding right= of'way, it appears that '1.0
feet is sufficient;.but staff.would recommend following VDOT's recommendation
of a conceptual layout to evaluate this.
i
j
MBC, LC Commercial Rezoning,
1790 'Berryville Piker; PIN's 55 -A -34 and 55 -A=34A
March 2..5,,2-0-1,-5.
Page 4
In conclusion; please ensure tliat-the:above comments, and those offeed by the reviewing
agencies are' addressed.
MTR/pd
REZONING APPLICATIONTORM
FREDERICKCOUNTY, IVIRGINIA
T6 be-, coMplekd by Planning Stciff,:
Fee Amount Paid.,,$:10, d,
Zpning,Amiandment-Number W-6 --t5 -5- 'b � 1 5 Daii-kiecei"d Vj
ve -
PC'Hearing-Date BOS Hearing,,Pate 2jj.
. Ao�-
The following informatiotishatl,'be provided byaheapplicaht.-
All parcel identification numbers deedbook'and page numbers may be obtaifieaftorn the'Office of the
Commissioner. of Revenue, Real Estate Division, A7 North,,Kent Street, Winchester.
1. Applicant:
Name: GreyWolfe, Inc.'- Gary R. Oates
Telephone: (540) 667 -2001
Address: 1073 Redbud.--Road. Winchester, VA, 22603
2. Property Owner (if different than above):
Name: MBC, LC Telephone: .-(540) 665-2402
Address! 202 _North Loudoun Street
Windhiester,,, Virginha,22601
3. Contact - person ; if oiher-than. above:
Name: Gary" R. ,Oates = Telephone'.(640)667-2001
4. Ptoperty-Inf6ringtioM.
a. .,Prooerty.14entificatign,.Number(s): 55 7(A)-U4nd)55-(A)-34A,
b; Total acreage to be rezoned: 2.96 acres
6. Total acreage of tfieboarcel( 's)- tote rezoned(if the entirety of the parcel(s)'is r ofbeiing
rezoned).—
d. Current zoning deiignation(s) and acreage(s) in each designation: -,0:60 ac. MHA
2.36"aic.`6 -3
e�, Proposed zordin ignation(s),.9nd
g des' acreage(s 2.95,ic., 6 -2
)'.in eachdesignation:
Magisterial District(s) '.' Red bud
12
5. C-becidist: Check the f6ilowing.,items, that have been included with this application.
Location' map ql✓ ;
Agency Comments
Plat ✓ Fees
Deed to property Impact Analy si s State mient ✓
Verification of taxes paid Proffer Statement=
Plat depicting exact -meets and bounds for the proposed zo ingAistrict ✓
Digitia copies (pdf s) of all submitted documents, maps and� exiiibits
6. The Code of Virginia allows us,t,o request full disilosure of ownership in rellation to
,rezoning applications.
p
Please 'list below all owners or parties in interest of the land tobe-rezoned:
DdiborahS..Isom, Dinah S. Krasich" Jessica Danielle. ielle Krasich, Dawn,M. Spears; Jared Thomas Spears,
Tyler Edmund Spears, and Mildred F. "Cole Trust, Bank of Clarke, County Trustee
7. Adjoining Property:
PARCEL ID NUMBER USE- ZONING
54-(5)-5A Industrial` M-1
55-(A)-32A.& 33 Industria'I W2
55 (A)48 Mobile Home Park MH_1
55- (A)-37 1 Gas Station -Store 13=2
55B-(A)-2-thru 6 Res-A Nursing Home RP & B-2
8. Loication4 The property 'is located at-(give exact location, based on nearest road and distance from
nea.re,st,.intersectioil, ;using,road ,names and route numbers);
Southem side df'R6ute,7 about W4. rriii6s. east of Whichest6r,at Eckard Circle
13
9. The following information, should be "provided according `to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: 0 Townhome 0 Multi - Family; 0
Non- Residential Lots: 0 Mobile Home: o Hotel`Rooms: 0
Square Footage of Proposed Uses
-Office: Service °Station:
Retail: Manufactuiing-.
Restaurant: 6,000 Warehouse--
Commercial`: Other
10, Signature:
I (we), the undersigned, do hereby- respectfully'make4pplicat on and pet tion theTrederick
County Board--of d Frederick. County; 'Virginiof Supervisors to amend a. I (We) the zoning ordinance and to changethe'zoning map
authorize Frederick County officials to enter the
property; "for site4nspec4on_ purposes.
`I (we),understand'that,the. sign issued whenthis "application is submitted must be placed at
the front property lineat least seven day, s prior to the 'Planning Commission.1, ublic hearing
and the Board of Supervisors public hearing -and maintained so as to be,visible.from,the road .
right- of= way'until the hearing.
I (we) hereby certify that this application and its accompanying,materials ar`e true and
accurate to the best of My'(0'UrY knowledge.
Applicant(s):. / c Date: rya s:
Date:
Owners).. ��Tl a.� t.• Date: y' 0,
Date:,
FL
CARLYLF4 ANDERSON,', ,INC
W 82 PG, 1226'
SEE PLAr DS -895 PC 03.
ZONE U2 USE INDUSTPJAL
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MERIDIAN
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Mike Ruddy
From:; •Eric'Lawrence
Sent; Monday, June.08; 2015 8:40 AM '
To Mike Ruddy °
subject: 'Fwd: Poteniial Rezoning.Issue. on Aylor Road ,
Senf °from i'Phone
Begin forwarded,message:
From: Brenda Garton, <;b_a� rton fcva.t s>
`Date: June. 8, 201'5 at 8:39:09 AM EDT
To: Eric. Lawrence <elawrenc tr fea.us >; Rod Williams <rwillia(c�feva.us>
Subject: 'FW: Potential Rezoning Issue on. Aylor Road
FYI --'I see that;ybu weren't copied on'the email. Brenda
-0riOnal Message----=
7.
From: Tony'Clark [mail't6:tony.clark63 ra;yahoo.coinl`
S'ent:.IVlonday; June-08, 20115' L:48 A1Vl
To rshickle(oDgmail:com; Jay'Tibbs, Kris Tierney; Brenda "Garton; cdehaven(a�crossl nk.net;''
fig sher@v-'isuallink.com; Redbud District;' gary a,g_arylofton.org ;.Robert Wells; Robert Hess
Subject ..Potential.R'ezoning,l'ssue on Aylor Road
Frederick County Board_ of Supervisors,
My name is Anthony. Clark; and I reside.mAymn Owen Estates at'IIOXern Circle,;Stephens
City.; VA: I have live d• ai- n residence, for approximately' 8: years`: The main reason wl y my
fainilyand l de'cidedao,: purchase our residence':was due to the locat on.and ,the overall ,.
community atmosphere. As-the years have passed; my children have-become older and have
become' nose active in the sense of being able to play in the neighborhood without any-feat.. This
area has been,a safe :area Wraise our children and allowtthem to become part ofthe community
m ,which'they five in. However, I was ver
y.toficerned when I heard about the possibility of`'
rezoning &Property on Aylor Road that, would allow a' motel%hotel'.being builf right in the
backyar'd-of my residence. I found' out 'about the possibility of a motel'/hotel be>ng bui'lfi from
another concerned neighbor`that advised nib of a meeting that was befng,held at the ,S ephen's
City Town Hall on June 3, X20115 at.7:0QPM,. I know-that:I personally never received'a'letter' .
from-no, one-in 'reference. to`ihis possible rezoning for `a mote11hoi tel;
Pnbr-to attending this meeting, I was.'able to speak to a neighbor about this meeting. 1w
advised that .a leffer, was sent out to. only the residents' that live on Downing Circle. This letter'
was advi "sin them of the meetin that was' oin ° to beheld at ,the .town hall While discussing
g 2- g g
the issue with my neighbor; I was also advised that Mr: Robert Wells,. Frederick County'
Supervisor for 'the Opequon District, made an appearance at their. residence' in.referencelto the
exact letter�mentioned above,, that was posted' -on the Bass 'Hoover PTO Facebook page. Mr.
Wells,told. the; resident that they did: not have anyxight to post" that-0n tlie• Facebook pager
i
Needless to say, the interacf on should have never taken place and it is the citizens right to notify
the community and: the` school community of such development.
After hearing all of this from. my neighbor, I did indeed decide.to attend this meeting. I was able
to show up early`to this;meeting and'was;ableto = observe`Mr. Wells in action. Aresident asked
Mr. We1Is what he did ,prior to ,be ng in jhe ,supervisors position. Mr. Wells replied that he was
heavily involved int . eh educational community within Stephens City at Aylor School. As he
continued, I heard Mr 'Wells stated that he owned an insulation business which I found to be
ver -y interesting. Mr. Wells '-then,quickly changed his tune back to; what he did with the school
experiences. As the meeting - got'underway,'Mr: Wells ,introduced..himself and. his life
experiences. IMIr. Wells quickly stAed'ihai he °was basicallythe.middleman in this and that.he
was going to hear the, concerns`, of the residents and .the property'owners and then he would have
the tough task of making a decision on what: to .do. Wells stated that he was only their to be ,a,
mediator between the two (residents vs. property, owners). Only one of the property owner's was
bale to attend :this.meef'ing which was Mr: Craun. Mr:. Browning was unable to attend meeting.
Many concerns were brought up to Mr. Wells and Mr. Craun which include: height of the
building /si'gns;' environmental' concerns; (drainage, etc.); property value; community impacts-
safety; etc.
As the concerns were being raised, Mr. Wells defended every-concern or comment that was
being discerned by the residents of Plyrnh Owen Estates.. Mr. Wells clearlyd splayed that fie-
may have a financial involvement within the-possible building of the;property; 'Mr. Craun had
very little to say about the possibility of a motel/hotel:being built on the lots. Mr-. Craun, stated
-that he felt that`if a motel/l oiel was built .on his lots that it would increase the value ofthe
residents properfies.which . is clearly not accurate. Mr Craun and Mn Wells.both stated, that if.a
mote"otel was built.on the lots, that it would be a' high dollar . facility, that would be $100 or
more _a nght`stay.`Neither Wells,or Craun stated anything positive in.reference to "a facility of
ths, nature- being built that would benefit the community of Stephens City. Basically the only
thing,Mr: Wells would say as a rebuttle for any concern or- cornment .about the possibility was .
that,if it was being built.near Laura Drive, where Wells resi'd'es, that he would just have o deal
with it. Wells showed very littlecompassion forthe residents and their children who reside in
Frederick County and nahe:Stephens,City area. Mr. Well,s.continued,to remind,the °residents that
this meeting was only going:t be.able,to.be an hour long because he was only-able toxent out the
building for an hour:, After due diligence, I was'able to find out that, this was 'not truthful at-all..
The building does not; have to be.. rented out at all.
As the; meeting:continued; one resident brought °up the mest.iinportant concerti and that was the
reference to the safety of children inAher local,community that attend school ,at A_ylor Middle
School.:Mr..Craunwas asked-the:most important questions "Are you aware that,youwant.to
buiU4- -hotel less than 0.2 miles -away from a_middle school ?" Craun's'repl, was °tli'atwas nothis
concern„ That .statement- was not. taken lightly'for me due to having, an la, -yearold and a & year .
old who will both be attending Aylor Middle School very soon. I;then replied that my occupation
is to re,pond'to'disturbances: in the area. am a polic .officer with n'the area, and have been to
di.spatched-to several local, otels /motels in .the Frederick County which include the,CornforHnn
and Holiday. Inn in Stephens. City. I know personally what kind of clients that check in to these
places. As,a father, citizen,:and a pol'ice,offi cer, I twly do'not want:this type -of establishment in
my, backyard♦, l;broughtup to, Mr.. Wells and IVIr. Craun that drug dealers,. sex. offenders,.
predators,, etc all utilize these types of establishments. Mr.. Wells exact comment was that it
would be a,` "high dollar"' place. Mr. Wells = also used the term "we'' as if he was, representing 'Mr.
Craun 'and Mr. Browning.; I also, asked Mr. Wells specifically why °the res'id'ents on `Harmon Place
and.Kern Circle were not;made aware of this particular meeting? Mr. Wells, stated that he didn't.
think,that the people on those streets wanted to know. If.you are not aware of our community,
2
there is only one way in and one way out. I believe it, does matter Ever -y resident should have
been made aware of this rri'eeting land Mr. Wells, .who is supposedly suppbsed;to represent the
residents in this concern clearly, has not intention of doing so. I 'believe that the property owners
were demanded by thel3oard, to contact the residents' of *Ply' Owen Estates in reference to this
rezoning?but failed to do so which led to this meeting by Nit, Wells;
As,ELECTED members of theBoard -of Supervisors; allowing Mr. Wells, Mr. Craun -and Mr.
Browning to ,change this"property from B -1 zone jo a "B -2 •zone would be very defritnental to the
residents' for several reasons. The average. property value in..our'comrnunity is' between $175,000
to $200,000. The property values will indeed decline. Secondly, this'is a very safeneighborhood
where children, can, play; ride their; bicycles; camp, out in their . backyards which. allow parents` to
notthave.to worryabou't.their children being preyed upon bya sexual predator,or being,picked up
by strangers.. There :are several children within the community, thwwalk to school and home
from •school that will have fo pass-this type of establishment which s very cone erning. As one
resident stated, "I do -not want a sexual predatorlooking down on mychildren; n my, backyard!'"
Sexual predators are for real and•they just don't prey -on children! As you m y -ormay not know,
a sexual predator only has to register=their"res deuce /employment.but they do not have"report
their daily'whereabo-uts! If zppegrs, Mr. `Wells, who was not elected`but appointed by- fellow
supervisors, is in favor of this rezoning for some reason that is not beingfold to the` residents.
Based on my conversations and' observations at several meetings; I truly don't believe there is
opposition within our community on'the,property-inaintaining its status -as a BI zone:. But l truly
believe based on the'meefings that I have attended, Mr.. Wells MAY have a potential ;fina'ncial
gain based on his comments`and. position on defending the property owners which very well will
be"a "CONFLICT OF 1NTEREST "1 yri. hoping that this email /letter'does not fall on deaf ears
and that. the members of the.Board of Supervisors really hear how,this rezoning will.. affect the
community of Plyinn Owen Estates and' the residents who call "it. "home.' "' I for one would not
have "purchased my-residence on.Kern Circle ifthere was a motel/hotel in my backyard I pray
that Board of Supervilsors•use discernment as they make this decision thatwill Have a life long
affect on a small residential community:
Sincerely,
Anthony Clark
3
r
GREYWOLFE, INC, ;'�
��6 1073 REDBUD -ROAD • WINCHESTER, VA 22603
s : >, (540) 667 -2001 (540) 545- 4:001 FAx /V "'A
GREYWOLFEINC @AOL.COM 1�J
Virginia;Depa.rtrnent , ofTransportation June 1, 2015
1403f Old Valley Pike
Edinburg, VA 22824
Mr. Smith:
This letter is in response to the comments dated May 15, 2015.
The first nine comments dealt directly with the'Traffic Impact Analysis data, tables,
and, format. Mr. Tim Stowe of Stowe Engineering is,addressing those comments
directly.
The final four comments pertain to the Proffers that were provided and are
addressed. below.
Comment 410: We recommend that proffer #3 be moved'to a subset of
transportation proffer #'.I ,and, the wording 'updated.-as follows: "In conformance with
the Traffic Impact Analysis prepared by Stowe Engineering, PLC in 2015, the
development 'of' the property shall generate a maximum of-2,977 vehicles per day
per the 9th edition of ITE. Trip. Generation. If a property use: is proposed with a
higher daily trip generation at site plan submission, a revised Traffic Impact Analysis
shall be included with. the submission of the site plan ". The vehicle trips per day
language currently included, under proffer #1 should' be removed.
Response: I have revised the proffers as you have requested with the language you
provided in quotes verbatim.
Comment #11:' We recommend that proffer #1.a.iii be updated to state that,a right
turn lane warrant;analysis shall be submitted with the site;plan for any site entrapce
to be located along the property frontage of Route 7. Said entrance shall be
improved ,and /or constructed to current VD,OT standards prior to the issuance of the
first occupancy permit.
Response: I have revised the proffer as you have requested.
Comment #12: 'We recommend that proffer 1.b:.ii be updated to state that.the 1:0'
multi -use trail along the property's - .frontage of Route 7 shall be constructed prior to
the issuance, of the first occupancy permit.
Response: I have revised the proffer as you have requested.
Comment #13 :;V-e recommend that proffers #`1.b.iii and iv be consolidated and'
updated to address the queueing issue at the leastbou nd Route 7 left °turn lane, onto
Regency. Lakes Drive. Ad,ditionally,; please` a void'' utilizing -Vehicles per DDay ;as a
proffer trigger, ,as this measure is difficult to track as development of the site moves
forward in "the future
Res,ponse:'The- proffers have been revised to reflect the needed pedestrian
improvements °;i'n `the area asp regquested by the,'County. We ,are offering cash_ proffers
to be used as m'atchin�g Ibnds. We are not offering any irriprovernents to "the ..Regency
Lakes intersection as `the changes you requested to th:e Traffic Impact Analysis .now
demonstrates that this; rezoning has; little impact to it.
Please call if you;have a "ny° questions.
Thank you,,
Gary R. Oates, ;LS -B, :PE- ,
GreyWolfe; ,Inc
C-. Deuelopmerit .Cap
i. :In .confornan°ce with the Traffic Impact Analysis prepared.byStowe
Engineering;; >PLC in.2.Q1.5, the d`euelopment of the:property shall
generate a n ax °imam,of`2,977'vehicl'es per_day per the 9th edition of
lTB Trip 6 1en`e1 ation. If a `property use is proposed with a higher daily,
tnp,generation at;s'ite� ari submission, a•revised Traffic. Impact
Analysis shall be',included with-flie submission of,-the site plan..
2. Fire &: Rescue — Monetary Contributions
a. The:owner hereby proffers a cash, contribution to, Frederick County for Fire
and Rescue "purposes,, of $:9:.10 per building q;uare foot to; be disbursed to the
Frederick County".Fire sand Rescue" Department, to be paid prior to each final
e
site plan" approval, The terns "building square foot" shall be the combined
floor area for each. story.
3. 'Considerations 'for neighboring 1\4obile Home Park -;
a. The owner proffers that outdoor construction''acti, i'fie "s, on the Properties,
shall not begin prior 7:3.0 Wand will conclude "no lateral an 7:30 PM.
The conditions proffered tabove shal_I be!binding upon heirs, executors;
administrators, ass'gns,. and successors in the interest, of'the ovine "r. and' owner. In the
event. the Frederick !CountyBoard�of"Supervisors grants'1 this rezoning, and accepts the
conditions, the proffered conditions shall. apply °to the _land rezoned in addition to other
re ui rements set fo
q rth `in °the Frederi_ck,County Code and Ordinance';
Respectfully Submitted:
By
MBC, LC Date"
Commonwealth of Virginia;
City /County of To Wif
Thee foregoing:instrument:,w,a "s acknowledged before,me'this day'of
By _
Notary Public Registration Number
t My Commission Expires
I
t t
3
11
Proffers:.
1. Transportation
a. Access
0
i. The eastern existing entrance on Berryville Pike (Route 7) near Eckard
Circle shall be closed prior to the first occupancy permit.
ii. An entrance onto Eckard Circle shall be utilized until development on
the Properties creates more than 500 VPD.
iii. The western entrance on the Properties from Berryville Pike (Route 7)
shall be improved to current VDOT standards prior to the first
occupancy permit.
iv. A rightlurn lane warrant analysis shall be subin�itted with any site plan
for any siteentrance located along the frontage of Route 7.
b.. Dedication and Pedestrian Access
i. The owner hereby °proffers to dedicate additional land along Berryville
Pike to provide a,minimum of 60' of right of way from the centerline
of eastbound Route 7. This is will be done prior to the first occupancy
Permit.
ii. The ow -ner hereby proffers to construct a 10' paved hiker /bike trail
alongAlie.Property's frontage with Berryville Pike per the 2030
Comprehensive Plan. This is will be, done� prior to the first occupancy
permit.
iii. The owner proffers to :contribute $'10;0.00 to Frederick County for
pedestrian improvements along Route 7 when uses'generate more than
5.00 vehicle trips per day ,(VPD) computed at site plan subm "issiom
iv. When uses on the Properties generate more than 1,500 VPD as
computed At site plan submission; the.owner will contribute an
additional $50,0:00 to Frederick County for pedestrian improvements
along Route 7.
0)
Rezoning:
Property:
Record Owner:
Project Name:
Original Date of Proffers:
Revision Date:
RZ # 03 -15
Area: 2.96'. acres
Tax Parcels 55- (A) =34 & 55- (A) -34A
MBC, LC
MBC Rezoning
February 26, 2015
April 3, 2015
May 11, 2015
June 1, 2015
Magisterial District: Redbud
Pursuant ,to Section 1.5:2 -2296 Et. Seq. of the Code, of Virginia, 1950, as
amended, and the provisions of the Frederick County Zoning Ordinance with respect to
conditional zoning; the undersigned owner hereby offer the following proffers that. in the
event the Board of Supervisors of Frederick County, Vrg'inia,y shall approve Rezoning
Application #_ -15' forxezon ng of 2.96 -acres from the B -3 & MH -1 Districts to General
Business (B -2) District, development of the subject property shall be'done in conformity
with the terms and conditions set forth herein, except-to the extent that such terms and
conditions may be subsequently amended or revised by the owner and such are approved
by the Board. of Supervisors in accordance' with the said Code and Zoning Ordinance. In
the event that such rezoning is not granted, then these proffers shall beAeemed '
withdrawn and have no effect: whatsoever These; proffers shall be bi'ndin'g upon this
owner and their legal. successors; heirs,, or assigns..
The Properties are more, particularly described as the lands conveyed to MBC, .LC.
from Mildred wF. Cole a's recorded in the Frederick County Circuit Court, Clerk's Office as
instrument #00.01;3492 dated December 1, 2000.
AMENDMENT
ACTION:
PLANNING COMMISSION! September 6, ? 1995
BOARD OF SUPERVISOR'S': 'October 11, 1995
AN ORDINANCE AMENDING '
THE ZONING DISTRICT MAP
#,00145 of PROFESSIONAL M08ILE HOME BROKERS
WHEREAS' - Application #003-95 of Professional; Mobife, Home Brokers was
-,
submitted to rezone 2J514 acres, located on Bdrfyvjlle 'Pike (Route, 7) East of Regency
Lakes Drive and designated `with PIN 55 -A -34 in the Stonewall Magisterial District, from
B2 (Business Gen&il) to"B3 (In.dusirialTransition); and-,
WHEREAS, the Frederick County Planning Commission held a public bearing on, this
rezoning on September 6, 1995; aPO,
WHEREAS', the Board of Supervisors held a public hearing on this- rezoning on October
14, 1995-1 and Ends this Tezolnifig, to be in the best interest of the public health, safety,
welfare, convenience, and in n, good zoning practice!
'NOW, THEREFORE', BE IT.ORD AINIED by the Frederick County Board of Supervisors
that Chapter-165 of the Frederick County Code, Zoning Ordinance, is amended to revise
the Zoning District = Map to change 21.15 1.4 acres; designated by PIN 55 =A-34 sfrom B2
(Business General)' to -:B3 ('Industrial Transition) as dek-ri,bed by the appliditiolrf, and -plat
submitted, subject, to the following conditions voluntarily proffered in, writing by the
applicant and properi - ow i
ne.ri
PAGE-1
REZONING REQUESTYROFFER
Ms. Mildred F. Co'16,-owner
Mr. John Tauber, leasseo
MANUFACTUKED.HOME MODELDISPLAY AND SALES
Route 7 East - >B Orty-ville, Pike - Stonewall District w. Tax Parcel 55-A-34
The 'conditions proffered above, 'shall be binding- -upon. the heirs, executors,
administrators, ass ' igns successors in interest . of the: Applicant and Owner. In
the event the Frederick 'Courfty,.Board of Supervisor . S grant said rezoning and accepts
these conditions, the proffered conditions shall 'apply to the land rezoned in
addition to other requirenentsset forth in the Frederick County Code.
R'espectf,
B
uber, leassee ✓
Oate:—
Owner:
By-._
Mildred F. Cole, owner
Date: —MU�,,
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHES-TER, Towwit:
The foregoing instrument was acknowledged before me this , 11 th day of
AugusOS651
by�&
jdtAd.E-: Cole zind .1 'hn, t&uber
---- — — — — — — — — — — — — — — — — — — — — — — — — — — — —
M i Commiss
Y .,,Qn expires
Notify Public .
REZONING REQUEST PROFFER (revised)
Ms. Mildred; F.. Cole; owner.
Mr. John Tauber, lessee
MANUFACTURED HOMEMODEL DISPLAY AND SALES
_Route 7" Fast- Berryville =Pike • Stonewall District, - Tax Parcel 55 -A -34
Preliminary Atten
Pursuant to Section 15.1, 491.1 et seq." of the code of Virginia, 1950, as
p
amended, and the revisions of -the :Frederick County Zoning Ordinance with
respect to conditional zoning, the undersigned applicant-hereby proffers that in the
event the Board of Supervisors of Frederick County,, 'Virginia, shall approve
Rezoning Application # _ -95 for. the rezoning of- 2`.'1514 a_ cres from B-2 Business
General Zoning District 'to the B -3 Industrial, Transition Zoning District,
development of the subject property shall be done in` conformity with the terms and
conditions set forth :herein, except to the extent that; such `terms ;and. conditions may
be subsequently amended or revised by the applicant and such be approved by the
Frederick County Board of Su h' pervisors 'in accordance wi Virginia law. In the
event that such rezoning', is no,t granted, then these proffers shall be deemed
withdrawn and of no effect whatsoever. These proffers shall be binding upon the
applicant and iheir.legal;successors or assigns.
GeneraIr Development Plan and Uses
The developmeitt of, the subject property and. the submission
Deyel:opment': Plan will provide for a, layout that incorporates
improvements for structures, parking, and commercial, entrances
Frederick County 'Zoning, Ordinance site development :standards.
property shall not be subdivided.
The .rezoned property shall be used; for manufactured home
and sales with associated sales office.
of any Site
the planned
as require by
The rezoned
model display
Monetary Contribution of Develop ent,
The undersigned, who,.intends to lease the below described- property to Mr.
John Tatuber; :hereby voluntarily proffers that, if the Board of Supervisors for the
County. of :Frederick; Virginia approve"s..the rezoning for the 2.151.4 acre tract, more
or .less lying on the .south 'side of Route 7 '(Berryville Pike) just east of the
intersLsffiO#7 -g _, Regen`ey ,Lakes - .Drive in the Stonewall Magisterial. District of
Frederick. County; Virginia from B' -2 to B -3;, the leassee will pay to the Greenwood
Volunteer Firea, and. Rescue Company, at the time a building perrnit.is .issued, the
sum of One Thousand' three hundred thirteen dollars and eleven cents ($1,313.11)
for. Fire -' an Rescue Emergency Services costs.
r' ;
r
This ordinance shall be -iri effeet'upon its passage..
Passed this 11 day of October, 1995.
Richard G. Dick Aye Jimmie. K. Ellington _ Aye.
Chairman
W. Harrington Smith, .Jr: Aye,, James L. Longerbeam Aye
Charles W. Orndoff, Sr. svp,, Robert A Sager Avp
A Copy .Attest
John. R. Riley; Jr: .
Frederick County-Administrator
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REZONING -- APPLICATION #03 -15
w
`MBC; LC
Staff Regort f6r the Planning Corninission
w Prepared: April 2`l, 2015
Staff Contact: Michael T. Rudd AICP De ut P `anniri Director
„3A Y, p Y g
Reviewed Action "+
Planning Commission: 05/0.6/15 r Pending
Board o f Supert isors: 05/27715 Pending
.PROPOSAL: To.rezone 2.96 + /- 'acresas'follows' 0.60 + /- acres from,MHl (Mobile Home Community)
- Di'strictto B2 (General Business), District and 2.36 acres from B3 (Industrial Transition), District to,132
(General Business) District with proffers.
LOCATION: The -properties are `located on the southern side of Route; 7;, and '%4 * miles east,!of.
Winchester at _Eckard Circle..
EXECUTIVE SUMMARY & STAFF CONCLUSIONS'_ FOR THE 05/06/15 PLANNING'
COMMISSION MEETIN ,
This'is;an application to rezone a total of 2 96.acres,of land from -B3 (Industrial Transition) District with
restrictive proffers and,the MH1 (Mobile Home'Communrty).Disttict'to B2 (General.Business) District
with; proffers to accommodate commercial uses.-, The property :is located within Urbane Development.
Area,(UDA) and the Sewer and Water, Service Area (SWSA). Ingeneral, the proposed commercial land
usedesi nation:for this ro . ert is consistent with'the current land use su orted -b. the C
g p p y pp y omprchensive
Plan which continues; to promote the existing commercial land uses along the Route '7 corridor This-".,'- .
general area continues to contain and promote both commercial and residential, land uses
With. this rezoning, the applicant has proffered that this project will contribute, to off -:site pedestrian
'improvements based upon. an ;increase ,in_the intensity of the use of this site. VVith,.a maximum cap on
the total Vehicle, Trips per Day for'this site of 2,799 V'PD, the transportation impacts associated with.
this ;xequest arc limited to an extent. 'The Plamzing Commission should evaluate if the approach ,to
addressing the transportation component of the application is acceptable, and the amount of the
potential proffer appropriate: Aside from this, the. application appears to have mitigated many of the ,
impacts assoeiated'with the rezoning request..
Following `the required public. hearing, a recommendation regarding this rezoning application:: to
the Boar'd'of Sicpervisors would be appropriate Tl a applicant should be, prepared to adequately
address all concerns raised by the Planning. Commission.
.Rezoning #03- 15,MBC, LC
Apr "it'21, 201,5
REVIEW DEVALUATIONS'
Virginia Dept. of Transoortation: Please see attachedemail dated March 23, 201. from Matthew E
Smith; P. E .
Fire and Rescue: Plan approved..
p • p -ingof 2.96 acres owned by MBG, LC s,approve,, by
Public Works Department: The ro osed rezon
The Public Works De partment without further comments;,
Frederick County Sanitation.Authority :, Please see :attached letter dated March 2, 2015, from Uwe`
e. Weindel, -PE.
pp ist m easement No
sewer water.".
20" water easement:has nothin to do with.sewer'conve ante: Does water °main ex`
Frederick - Winchester Service Authority': Thew licant needsto be clearer on
g ,y
technical comments.
Frederick: County Park &iRecreatiow Parks and Recreation:encourages the proffered'support fora
Route 7 pedestrian:crossing. However; identifying'this as "in.the v cmityof M_illwood,Drive" will put; r.
i e7 crossing at _a signalized intersection. and is advised.,
Frederick County Public Schools:, No comments.
Frederick County Attorney: Please see attached letter dated`March 27, 2015, from Roderick: B.
Williams, County. Attorney:,
Planning & Zoning:
1) Site. History'
• a 19 atori RZ #03 95yThis a which.
li at on.was for g being requested was subject to rezoning
pp_ _ pp aB3 (Industrial Transition) co'm'mercial zoning _
with proffers. The proffer- statement was very specific.in that.`it stated that the,rezoned.property'
shall only be used for, manufactured,home model display and sales with associated office. The,
property °was previously, zoned B2 :(General Business):
2) Comprehensive'Policy, Plan
The 2030: Com re'hensive;Plan is the' u g
p g ide for the'.future, rowah of Frederick County.
The 203.0 Comprehensive Plan is an official public :document that serves as the community's,
guide for_making decisions regarding,development, preservation, public facilities and other key
. components' of community life: The primary;goat of this, plan, is to protect and improve the
living environment within Frederick County It is in essence:a composition of policies used "to
plan for the fuiure physical development of Frederick County.
Rezoning,, 03- 15M8C;'LC
Aprl;21, 20`1 -5
Page ,4
The Area,Plans, Appendix I" of the 2030 Comprehensive=Plan,,areAhe primary implementation
tool' and will be instrumental to the A ture:plannmi g� efforts of the County
In orderfor, any proposed rezoriing`to be;approved, the applicants will be expected to contribute
-
a
reasonable portion of the costs of new or.expanded infrastructureiieeded to serve the,proposed
development: Such contributions can be in.the;form of cash, dedicated land, or constructed
improvements or in any :other manner consistent with the Code �'of Virginia. [203'0
Comprehensive Plan; Implementing the Plan, VJ
Rezoning requests should be evaluated to determine . their potential impacts on•public faccilities.
Costs to the County should be estimated iri'terrns of whaVimpact the; developmennt which could
'result, from the proposed.rezoning, would have .on public facilities and infrastructure: - ,-[2030
'C 0-- Plan, Implementing. °the Plan,• VJ
Rezoning requests should not be approved unless the net 'impacts on public, facilities are
positive; or unless the:negatve impacts can be adequately addressed through proffers or some :.
other means. Arequesi forrezoning maybe turned,down even though all fiscal impacts;appear.
to`be addressed. .If thereuare other"impacis -which are not•addressed.bythe rezoning application;` .
or if the: request does not conform, to this plan, a. similar method should be : deueloped .for
determining the impacts Of Proposed developments on transportation systems and otherpublic;
facilities.; [2030 Comprehensive Plan, Implementing the Plan, VJ
Land Me:
The" 203.0. Comprehensive Plan and the S'enseny /Eastern Frederick Urban rea Plan provide
.guidance on the future development of, the property. , The property is located within -the UDA -
and' SWSA. The 2030 Comprehensive Plan identifies,tl e general area surrounding.thisproperty
: with a, -high density residential land use designation. Historically,, this, property has been
identified with a commercial land use designation and "the area fronting along Route 7 ,has
developed commercially. In general, the proposed commercial land use designation. for this:
property is consistent with the current, land us supported by, the Comprehensive ,Plan which
continues to. promote the existing commercial -land, uses'; along the.Route�7 corridor: This;:general.
area continues to contain and promote both commercial and residential land uses.,,
Site Acce's`s a-nd, Transportation.
The - Eastern. Road Plan and.the S'eiiseny /Eastern,Frederick Urban Area,Plan call for Route 7 to
bean improved major arterial road. Access to this site'will be via a direct,connecti'on to Route.., `
7, Berryville Pike, and indirectly; from Eckard Circle.
The. site, is located in ,cl'osie .proximity to the; intersection •of Route 7, Blossom Drive, and
Millbrook Drive; a direct route to the Millbrook High, "drd Red Bud Run Elementary school- . .
cluster, and the southern.entrance. to the Third Battle of Winchester Battlefield site. As a result a
of this, concern has previously been expressed about'egress from.ths site for traffic looking to
travel west on Route 7. In addition; the,location of this intersection provides an opportunity-16
,ad his area,. s rian accommodatio_ ns at this; o 'ation that would�benefit pede, y ,
p striansand bic c is
g
Rezoning,: 4,03 -i5MBG LC
April,,21, 20:15
Page S
The application proposes to stage the use of the entrances to this, site based upon vehicleari'p .
counts; closing i ( sest;to� the existing signal), with an' :developrnent `
osin the easternmost , clo
':on the site and utilizing an entranceonto Eck. d Circle'until 500 Vehicle Trips. per Day(VPD)
is achieved. The westernmost entrance, "Will be'improveCd anCd'u1ti11iately.be;;the entrance "serving Y
they site:_ . - -
As part of the development of this site, additional right -of -way will be dedicated along•Route 7
and a 10' .hike /bike trail will be constructed. In. addition, the, owner, proffers` to. .contribute
additional' money available for pedestrian improvements along the Route 7 corridor; $"10,000,
when the 'use. of the property generates more than 500 Vehicle" Trips per Day..(VPD), Jand.
$5:0,000 when uses on the property generate more, than 1,50.0 NPD. "It is `noted that the
guaranteed 'improvements are the same as thosethat would be required with the development f ,
the site and the proffered contributions" -for additional pedestrian improve' ents would only
occur if the use.,of the property increases: n, the future.
Environment._
Issues' concerning water qualify, quantity , use and protection of water resources are.directly"
f related to land development °activities Water supplies are.needed to SUDpoM development; while
surface and groundwater are potentially .affected by development, activities [203:0
..
Comprelensiue,Plan, Section VII; Natural: Resources)
History
:- y g
According to the,Aural` Landmarks `Surve there, are-no si n ficant h storic�structures located on
the properties nor are there any possible-h stork dis "tr cts in, the vicinity. >"
3) Site Suitability/Environment
The site is not located within or near any, 100 ;year ;iloodpl'ains. In addition, there -are no
woodlands or other 'environmenta-1,features on the site., "
4) Potential mpacts
It should be noted that this application provides no limitation:on the potential .commercial land
use that may be developed on ,the site. All land uses- permi`tted 'in the 132 district would "be
allowed. .However, it is unlikelythat they would be-: able'fo develop attheir-m-4ximum intensity
.
due to the Vehicle Trip per-, Da VPD Jca that the A • p p , ,977 VPD)•.
p p, y( ) p p l '_ ant has roffere 2
The Application has addressed the potential impacts of this rezoning request by linking`
improvements to the vehicle trip ,count, therefore, the,majority of the impacts addressed' deal
with transportation. This, is a:highway commercial location and a more intensive development:
proposal would be appropriate. A& such; it is` important fo ensure the impacts associated with
,,such a development. are, "ad'dressed.
Rezoning. #03- 15MBC,, LC
April 21, 201`5
Page.6
Transportation improvements to Route. 7, Berryville Pike, are anticipated in the future..
Therefore, it is important that the right -of.- -way needs for the future improvements to Route 7 are
accommodated, and the application provides some contribution to transportation improvements
resulting from the impacts of this new development. The additional dedication of right -of- -way
along Berryville Pike to provide a minimum right-of-way of 60' from the road centerline of
eastbound Route 7 :appears to be sufficient.
The proposed monetary contribution maybe an acceptable alternative to the actual construction
of physical improvements. It should be determined if the amount and timing of the
contribution is Buff cient'given the potential, use, of the property.
Frederick County Transportation Comments:
Due to the recent receipt of VDOT's comments on the package and their concerns with the
TIA, staff would note that any comments that follow could be amended upon seeing'
updates /corrections to the TIA.
Staff is supportive of the .entrance limitations and pedestrians enhancements proffered by the
applicant., However, as VDOT did; staff would note that-there is a possible need for aright turn
lane into -the proposed entrancebn.Route 7 and would suggest thatwarrants begun tod0on -nine
this. Due to the phased nature of the transportation proffers and the associated trips, perhaps the
turn lane can be accommodated the same way. Finally, regard'ng,R -O -W, it:appearsthat 10' is
sufficient, but staff: would recommend following VDOT's :recommendation of a conceptual
layout to evaluate this.
5) 'Proffer Statement
A) Allowed Uses:
All of the uses permitted in the B2 (General Business) District would be ;allowed. No
additional use restrictions have been proffered'by the Applicant.
This application addresses °the intensity of the development by relating this to the
number of Vehicle Trips,per Day.(VPD). 50'.0 VPD and 1;500 VPD are the two triggers
used to, initiate entrance modifications and monetary contributions for-off ,site pedestrian
improvements. A total cap on the development intensity on the site of 2,977 VPD is
used by`tlie, Applicant..This is consistent With the TIA prepared for this application.,
B) Access Management and Transportation:
The. application proffers to stage the use of the entrances to this site, based upon vehicle
trip counts as follows:
• Closing the easternmost :entrance (closest to the existing signal) with any
development on the site.
• Utilizing an entrance,onto.Eckard Circle until 500 Vehicle Trips PerDay'(VPD)
is achieved.
Rezoning #03- 15MBC, LC
April;21, 2015
Page / .
The westernmost entrance will, be improved and ultimately be the entrance serving the
site.
The application proffers to contribute additional money available for pedestrian
improvements along the,Route 7 corridor. based on vehicle tripe counts as. follows-
• $10,000 when the use of the property generates more than 500 - Vehicle Trips per
Day (VPD)
• $50,000 when uses on the property generate more than 1,500 VPD,.
It has been noted that this is the.only potential contribution to off -site transportation_ .
improvements associated) to this request.
C) Site Development:
No additional :site development standards have been proffered:.
D) Mitigating he "Impact of Development:, .
The Applicant has proffered a cash contribution in the amount of $0.10 per building-
square foot to be directed to Frederick County Fire and Rescue: The purpose of this,
dedication would be to assist in the .capital facility needs of fire and rescue associated .
with the development of this property.
A
The Applicant has proffered a restriction on outdoor construction activities on the site to
minimize the potential impact, of the development of the site on the residents of the „
p
neighboring mobile:home park.
> PLANNING (
This is�an application to rezone a total of 2.96,acres:of land from 133 (Industrial Tra ition) district with
restrictive proffers and the MH1 (Mobile Home Community) District -to B2 (Gene 1 Business) District
with proffers to accommodate commercial uses. The property is located with roan Development
Area (UDA) and the Sewer and Water Service Area.(SWSA). In general, the proposed commercial land
use designation for this property is consistent with the current land use supported by the Comprehensive
Plan which continues, to promote the existing commercial land uses along the Route 7 corridor. This
general area continues to contain and promote both commercial and..residential land uses.
With this rezoning the applicant has proffered that this project will contribute to off -site pedestrian
improvements based upon an increase in'the intensity of the use of this site. With a.maximum cap on
the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with
this request are limited to an extent. The Planning Commission should evaluate if the approach to
addressing the transportation .component of the application is acceptable, and the amount of the
potential proffer appropriate. Aside from this, the application appears to have mitigated many of the
impacts associated with the rezoning request: