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Home My WebLink About05-05 ApplicationMay 12, 2005 Mr. Charles E. Maddox, Jr., P.E., Sr. VP Patton Harris Rust Associates PC 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: REZONING #05 -05, MARATHON BANK Dear Chuck: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 11, 2005. The above- referenced application was approved to rezone 1.0 acres from RA (Rural Areas) District to B2 (Business General) District with proffers. The subject properties are located on the south side of Northwestern Pike (Route 50W), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet west of the Route 37 Interchange and are identified with Property Identification Numbers 53B -3 -5, 53B -3 -6, 53B -3 -7, and 53B -3 -8, in the Back Creek Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Susan K. Eddy Senior Planner SKE/bhd Attachment COU cc: The Marathon Bank, PO Box 998, Stephens City. VA 22655 Barbara E. Van Osten, Board of Supervisors, Back Creek District Cordell Watt and Greg Unger, Back Creek Planning Commissioners Jane Anderson, Real Estate CK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REZONING APPLICATION #05 -05 MARATHON BANK Staff Report for the Board of Supervisors Prepared: May 4, 2005 Staff Contact: Susan K. Eddy, Senior Planner 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 relevant throughout this staff report. Reviewed Action Planning Commission: 04/20/05 Recommended Approval Board of Supervisors: 05/11/05 Pending APPROVED PROPOSAL: To rezone 1.0 acres from RA (Rural Areas) District to B2 (Business General) District with proffers. LOCATION: South side of Northwestern Pike (Route 50W), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet west of the Route 37 Interchange. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 53B -3 -5, 53B -3 -6, 53B -3 -7, 53B -3 -8 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Single Family Residence and Commercial (Kathy's Tortuga Restaurant) ADJOINING PROPERTY ZONING PRESENT USE: North: RA (Rural Area) Use: Residential B2 (Business General/ Use: Vacant MS (Medical Support) South: RA (Rural Area) Use: Residential East: RA (Rural Area) Use: Commercial (7- Eleven) West: RA (Rural Area) Use: Vacant /Agricultural I/ Rezoning #05 -05 Marathon Bank May 4, 2005 Page 2 PROPOSED USES: Commercial (Limited to general office and bank with a gross floor area not to exceed 8,000 square feet) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The Edinburg Residency has completed the review of the TIA for the Marathon Bank rezoning proposal and offers the following comments: VDOT agrees that at the proposed build -out, the site will generate approximately 1,716 trips per day. This will mean an additional 3% increase on the intersection volumes. VDOT agrees that the level of service of the Route 50 and Ward Avenue intersection will remain at a "D" or better due to the small increase in volume. VDOT will require right turn lane tapers and decel lanes contrary to the report's conclusions. VDOT reviewed the proposal and its limited impact on the existing traffic volumes and projected levels of service. VDOT did not find a reasonable way for the developer to improve the intersection level of service above a Level "D Thus, VDOT will remain neutral on the recommendation of this proposal and leave the decision of approval to the Board of Supervisors. Fire Marshal: Extension of municipal water supplies for firefighting are recommended for this site. As a bank, there does not appear to be a significant impact on fire department response. Plan approval recommended. Department of Inspections: Asbestos inspection and demolition permit required to remove existing structure. No additional comments required at this time. Shall comment at the time of site plan review. Public Works Department: Refer to impact analysis F. Drainage: The actual magnitude of the site drainage will dictate the need for onsite stormwater management. Because of the relative size of the site, stormwater detention may be limited to underground piping. Frederick Winchester Service Authority: No comment. Sanitation Authority: No comment. Frederick Winchester Health Dept.: No objection as long as public water and sewer is provided and no existing wells or septic systems are impacted. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. 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. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the Second Battle of Winchester; however, it is in an area of lost integrity. Rezoning #05 -05 Marathon Bank May 4, 2005 Page 3 Department of Parks Recreation: No comment. Winchester Regional Airport: Allowed uses under this rezoning should not effect airside operations of the Winchester Regional Airport. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Attorney Comment: It is my opinion that the Proposed Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and is legally sufficient as a proffer statement, subject to the following: 1. The Rezoning Number should be inserted at the beginning of the Proposed Proffer Statement. 2. The second sentence of the second paragraph, which reads "The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein", should be deleted. The timing of the respective proffers in the Proposed Proffer Statement should be set forth in the individual proffer item. 3. In Proffer No. 2.2, the time of the installation of the landscaped corridor buffer should be set forth, perhaps providing that the installation occur prior to the issuance of the first occupancy permit, or at such earlier time as staff determines to be appropriate. Also, this proffer should provide for County staff approval of the landscape design, unless staff feels that existing zoning ordinance landscaping regulation are sufficient to control the design. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific site, as it is my understanding that that review will be done by the staff and the Planning Commission. Stuff Note: The revised proffer statement (dated May 2, 2005) addresses the attorney's comments. Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy 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. [Comprehensive Policy Plan, p. 1 -1] Rezoning #05 -05 Marathon Bank May 4, 2005 Page 4 Land Use The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA), but outside the Urban Development Area (UDA). The site also falls within Phase One of the Round Hill Community Land Use Plan. The proposed use (bank/office) is generally in conformance with that plan. The Round Hill Plan does not recommend rezoning land within the community for commercial development prior to the provision of central water and sewer. The extension of public sewer and water will therefore be required before the issuance of building permits for this site, as per the comments from the Health Department. The Round Hill Plan calls for standards to minimize the visual disruption to the Route 50 corridor. The Plan calls for shared entrances, green space along Route 50, screening of structures and parking areas, control of the size, number and location of signs, requiring underground utilities and minimum standards for landscaping. Discreet signage with a maximum 10% of facade area is specifically recommended. The objective is to prevent the creation of a typical commercial strip along this route. Staffnote: The revised proffer statement (dated May 2, 2005) proffers landscaping along Route 50 consistent with a Corridor Buffer Illustrative Exhibit. with details to be defined on the future site plan. The revised proffer statement proffers freestanding signage limited to one monument style sign not to exceed 20 feet in height, with a size not to exceed 75 square feet in area, excluding the supporting structure. Staff notes that the sign conditioned with the 7- Eleven across the street is 50 square feet. Transportation The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency. The proposed right in only entrance on Route 50 is therefore contrary to the Round Hill Plan. An interparcel connector with the adjacent Funkhouser /Poe properties would allow for ajoint entrance further west on the Funkhouser /Poe property, where it would likely be possible to achieve a right in and right out access point for a number of adjacent, inter- connected parcels. The Frederick County Bicycle Plan designates Route 50 as a short-term designated route. As a ten foot linear trail is planned on the north side of Route 50, it might be more appropriate to provide a sidewalk on the south side of Route 50. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes. floodplain or Rezoning #05 -05 Marathon Bank May 4, 2005 Page 5 wetlands/hydrologic soils on the parcels identified in this application. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Frederick Poplimento Oaklet soil association. The predominant soil type on the site is Carbo- Oaklet silt loam, 2 to 15 percent slopes (map symbol 6C). This soil type is not considered prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. 4) Potential Impacts A. Transportation A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7 Edition, the TIA projects that the proposed development will produce 1,716 average daily trips (ADT). The TIA projects peak hour Level of Service "D" conditions for certain movements at the intersection of Ward Avenue and Northwestern Pike (Route 50) at project build out. As demonstrated by the TIA, such conditions are expected due to background traffic growth along the corridor, and will be experienced regardless of the introduction of bank generated trips. The TIA also analyzed the need for turn -lane treatments at the proposed intersection of Route 50 /Ward Avenue and Route 50/ Driveway #l. The TIA indicated that a full width right -turn lane would not be required for the intersection of Route 50 /Ward Avenue and Route 50/ Site Driveway #1. VDOT disagrees with this conclusion and will require right turn lane tapers and deceleration lanes. Staff note: The applicant has not proffered right turn taper lanes and deceleration lanes as he understands that VDOT will require these at the time of site plan approval. B. Sewer and Water A 20' regional water transmission line is scheduled to cross Route 50 and follow Ward Avenue south. An eight inch gravity fed sewer main will be extended from the regional pump station located on the Winchester Medical Center West Campus site. Using standard water consumption rate for a bank and general office uses of 200 GPD per 1,000 square feet of floor area, the proposed use of the site will consume approximately 1,600 GPD of water and produce equivalent sewer flows. The Sanitation Authority and Service Authority has offered "no comment" for this rezoning. C. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriffs Office and for the Administration Building are calculated and provided to the applicant for their consideration. The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community to the Fire and Rescue services and Sheriff's office, the applicant has proffered a Rezoning #05 -05 Marathon Bank May 4, 2005 Page 6 contribution in the amount of $2,000 to Frederick County for Fire and Rescue purposes and $2,000 to Frederick County for Sheriff's office purposes. The timing of this contribution is dependant upon future site development activity. 5) Proffer Statement (May 2, 2005) A) Generalized Development Plan The applicant has proffered a Generalized Development Plan (GDP dated May 2, 2005) for the site. The GDP shows a right -in only entrance on Route 50, a full entrance on Ward Avenue aligned with the Ward Avenue entrance to the 7- Eleven, and a ten foot landscaped corridor buffer along Route 50. B) Land Use The applicant has proffered to develop the site only for a bank or a general office. All other uses permitted in the B2 Zoning District would be prohibited on the property. The applicant has also proffered that the gross floor area of the bank and general office shall not exceed 8,000 square feet. (Staff Note: While the proffered maximum square footage is 8,000 square feet, the applicant will still be required to meet all criteria in the Zoning Ordinance and may not be able to accommodate an 8,000 square foot building. The application also notes that the design of the bank will include multiple drive through lanes. Any drive —in lanes will be required to meet the requirements set out in the Zoning Ordinance.) C) Site Development The applicant has proffered to limit site entrances to two as shown on the GDP. Direct access from Route 50 shall be limited to a right in only entrance. The applicant has proffered a ten foot landscaped corridor buffer along the Route 50 frontage which will include mixed ornamental plantings generally consistent with the exhibit entitled Corridor Buffer Illustrative Exhibit, dated May 2, 2005. (Staff Note: This proffer does not take the place ofany ordinance requirements for landscaping. This proffer should be viewed as an enhancement oldie required landscaping, not a substitute for the required landscaping) The applicant has proffered to limit freestanding signage on the property to one monument style sign not to exceed 20 feet in height. The sign area shall not exceed 75 square feet in area, excluding the supporting structure. D) Monetary Contribution The applicant has proffered a monetary contribution in the amount of $2,000 to Frederick County for Fire and Rescue purposes and $2,000 to Frederick County for Sheriff's Office purposes. Both of the above contributions shall be made at the time of issuance of the first commercial building permit for the site. Rezoning #05 -05 Marathon Bank May 4, 2005 Page 7 STAFF CONCLUSIONS FOR 04/20/05 PLANNING COMMISSION MEETING: The proffered use of the Marathon Bank site is generally consistent with the goals of the Frederick County Comprehensive Policy Plan. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention should be paid to the proposed access on Route 50 and the corridor appearance standards for enhanced landscaping and reduced signage as set out in the Round Hill Plan. PLANNING COMMISSION SUMMARY ACTION OF THE 04/20/05 MEETING: Mr. Charles W. Maddox, representing the applicant, spoke on the right -in only entrance along Rt. 50 and the need to make this a viable bank site. He suggested that the right -in turn would help to ease traffic flow by moving traffic off of Rt. 50 Eastbound and into the site, instead of proceeding through to the traffic signal, adding to congestion at the light. Addressing the corridor appearance standards, the applicant stated that the landscaped buffer will be fully detailed on the GDP, prior to the Board of Supervisors' consideration, with flowering shrubs, approximately three to three- and -a -half feet high, to provide a ground screen for the parking area. Trees along the Rt. 50 corridor were not proposed by the applicant due to possible sight- distance issues by VDOT. However, flowering and deciduous trees were envisioned by the applicant in the median islands of the parking lot and along the edges of the parking lot. The applicant also agreed to modify the proffer to limit the size of the monument -style sign to 20 feet in height. The applicant also discussed their commitment to construct the continuous right -turn lane along the front of the property, culminating into a full right turn onto Ward Avenue. Regarding the staff's recommendation for an inter parcel connector with the property to the west, the applicant was agreeable to possibly using a portion of the 25 -foot inactive buffer at the rear of the property, should the adjoining property owner desire to have that connection. The Chairman and C.E.O. of Marathon Bank was available to answer questions from the Commission. He provided an artist's rendering of the brick structure which was a prototype they have previously built. Their analysis had concluded that this same footprint could be placed on this site. There were no public comments. Although the Commission supported the recommendations within the Round Hill LUP, they were sympathetic to the Bank's request for a right -in only entrance with the deceleration lane on Rt. 50 for this site. It was pointed out that prior to this proposal, three residential driveways accessed Rt. 50 at this location. Questions were also raised by Commissioners on signage and street trees. The Planning Commission believed this was an appropriate use for this particular parcel and they unanimously recommended approval. (Commissioners Watt, Wilmot Light, Ours, and Morris were absent from the meeting.) Rezoning #05 -05 Marathon Bank May 4, 2005 Page 8 STAFF CONCLUSIONS FOR 05/11/05 BOARD OF SUPERVISORS MEETING: The proffered use of the Marathon Bank site is generally consistent with the goals of the Frederick County Comprehensive Policy Plan. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention should be paid to the proposed entrance on Route 50. Following the required public !rearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. firi a_ 4Pir Map Features N nags• S--- i.YeePem. Nam. Senn. N Rebei9W.e Ca Ny ehge Road Centerl .V 0 Ae.foulo. 6 f merger Dialers CD Double Church Refuge Church South Freeniok f REZ #05 -05 Marathon Bank 53B 3 5,6,7,8 0 75 150 Feet 300 Map Features N erue.s rogp..n N cw.m l.ke.Fan• N um. Steams N Retain., Wel. FtiW &odM. Road Centerlines At .nb 0 Penes en.mwr. F..e.ea District, mote Church MD Refuge ttr•t South Frederick Zomng Amen ment Number VCH4nng4Dat''ati a,i FREDERICK COUNTY The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Patton Harris Rust Associates, pc (PHR +A) Telephone: 540 -667 -2139 Address: 117 E. Piccadilly Street. Suite 200 Winchester, Virginia 22601 2. Property Owner (if different than above) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA ,&Fe a�5 F:s. Amount,Paid'= Da C. weds OSsFIean g Dat Name: The Marathon Bank Telephone: 540- 869 -6600 Address: P.O. Box 998 Stephens City, Virginia 3. Contact person if other than above Name: Charles E. Maddox, Jr., P.E., Sr. VP (PHR +A) I. Telephone: 540 667 -2139 4. Checklist: Check the following items that have been included with this application. Location Map Plat Deed of property Verification of taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement J i Li; L, Il U 1 5. 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: The Marathon Bank 6. A) Current Use of the Property: Single Family Residence; Restaurant (Kathy's Tortuga) B) Proposed Use of the Property: Bank and General Office 7. Adjoining Property: See Attached PARCEL ID NUMBER 53B- ((3)) -1 53B- ((3)) -24 53- ((A)) -82 53- ((A)) -76 53- ((A)) -68 west of the Route 37 interchange. USE Commercial (7 -11) Residential Unimproved Residential Unimproved (WMC West) ZONING RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) B2/MS (Bus. Gen. /Med. Support) 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The properties are located on the south side of Northwestern Pike (U.S. Route 50), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet 2 Name and Property Identification Number (PIN) Address Name: Winchester Medical Center, Inc. Property 53 -A -68 P.O. Box 1334 Winchester, VA 22604 Name: Darla P. Funkhouser Sharon S. Poe Property 53 -A -82 272 Hilda Drive Clearbrook, VA 22624 Name. Farmers Livestock Exchange, Inc. Property 53B -3 -1 P.O. Box 2696 Winchester, VA 22604 Name: Robert B. Johnson Property 53 -A -76 2054 Northwestern Pike Winchester, VA 22603 Name: John K. June S. Holliday Property 53B -3 -24 111 Ashton Drive Winchester, VA 22603 Name: Property Name: Property Name: Property Name: Property Name: Property Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2 floor of the Frederick County Administrative Building, 107 North Kent Street. 5 Acres Current Zoning Zoning Requested B2 1.00 RA 1.00 Total acreage to be rezoned Districts MARATHON ROUTE 50 WEST Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number: 53B- ((3)) -5, 6, 7 8 Magisterial: Back Creek High School: James Wood Fire Service: Round Hill Middle School: Frederick County Rescue Service: Round Hill Elementary School: Apple Pie Ridge 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 Multi- Family 0 Non Residential Lots 0 Mobile Home 0 Hotel Rooms 0 Square Footage of Proposed Uses Office 8,000 Service Station Retail 0 Manufacturing Restaurant 0 Warehouse Other 0 0 0 0 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public 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 are true and accurate to the best of my (our) knowledge. Applicant(s) Owner(s) Charles E. Maddox, Jr., P.E., Senior VP Patton Harris Rust Associates, pc Donald L. Unger, President and CEO The Marathon Bank Date 3/21/05 Date 3/21/05 4