HomeMy WebLinkAbout08-06 ApplicationJuly 27, 2006
Mr. John Lewis, P.E.
Painter Lewis, PLC
116 S. Stewart St.
Winchester, VA 22601
RE: REZONING #08 -06, SHAWNEE DRIVE PROPERTY
Dear Mr. Lewis:
Sincerely,
T
Candice E. Perkins
Planner II
CEP /bad
Attachment
C
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of July 26, 2006. The above referenced application was approved to rezone .94 acres from
RP (Residential Performance) District to B2 (General Business) District with proffers, for office use.
The subject property is located on Shawnee Drive, approximately 250 feet east of the intersection of
Route 11 and Shawnee Drive, on the right side of the road, and is identified with Property Identification
Number 63 -A -104 in the Shawnee 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.
cc: Gene Fisher, Shawnee Magisterial District Supervisor
June Wilmot, Shawnee Magisterial District Commissioner
Robert A. Morris, Shawnee Magisterial District Commissioner
Jane Anderson, Real Estate
Mitchell Webb, LLC, 19 First St., Ste. 202, Berryville, VA 22611
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
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.
Planning Commission:
Board of Supervisors:
PROPOSAL: To rezone .94 acres from RP (Residential Performance) District to B2 (General
Business) District with proffers, for office uses.
LOCATION: The property is located on Shawnee Drive. approximately 250' east of the intersection
of Route 1 1 Shawnee Drive, on the right side of the road
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 63 -A -104
PROPERTY ZONING: RP (Residential Performance) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING PRESENT USE:
North: RP (Residential Performance)
B2 (Business General)
South: M2 (Industrial, General)
East: RP (Residential Performance)
West: B2 (Business General)
PROPOSED USES: Offi ce
REZONING APPLICATION #08 -06
SHAWNEE DRIVE PROPERTY
Staff Report for the Board of Supervisors
Prepared: July 11, 2006
Staff Contact: Candice E. Perkins, Planner II
Reviewed Action
June 21, 2006 Recommended Approval
July 26, 2006 Pending
Use: Residential
Use: Commercial Bank
Use: Commercial /Industrial
Use: Residential
Use: Commercial Car Sales
Rezoning #08 -06, Shawnee Drive Property
July 11, 2006
Page 2
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 652. This route is the VDOT roadway which has
been considered as the access to the property referenced. VDOT is satisfied that the transportation
proffers offered in the Shawnee Drive Property rezoning application dated March 15, 2006 address
transportation concerns associated with this request. Before development, this office will require a
complete set of construction plans detailing entrance designs, drainage features, and traffic flow data
from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to
comment on all right -of -way needs, including right -of -way dedications, traffic signalization and off -site
roadway improvements and drainage. Any work performed on the State's right -of -way must be covered
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage.
Fire Marshal: Plan approval recommended.
Department of Inspections: No comment
Public Works Department: We have no comment at this time but reserve the right to perform a
detailed review at the time of the site plan submitted.
Frederick Winchester Service Authority: I believe that property would be serviced by the City of
Winchester; sewer and water connection 1 believe are already installed to property.
Sanitation Authority: This site will be served by Winchester City.
Department of Parks Recreation: No comment
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.
Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the
proposal does not significantly impact historic resources 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 noted that the National Park Service Study of Civil War Sites in the Shenandoah
Valley identifies the property as being located within the core areas of the First and Second Battles of
Kernstown and the study area of the Second Battle of Winchester; however, due to the development in
this area, it has been deemed to have lost its integrity.
Frederick County Attorney: It is my opinion that the proposed proffer statement is generally in a
form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia,
subject to the following comments: 1. I would suggest, for uniformity and easy- reference purposes, that
the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the
Rezoning #08 -06, Shawnee Drive Property
July 11, 2006
Page 3
attached format. This format has been used in all recent proffer statements. 2. The heading
"INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the
initial paragraphs is substantive paragraphs of the proffer statement. 3. The last sentences of the first
paragraph, beginning with the word "Therefore" should be deleted, as the actual proffers are set forth in
the itemized proffers. 4. In the second paragraph, I would recommend that the words
"development of this property would require the owner to meet the conditions set forth in this
document" be revised to state "development of this subject property shall be done in strict conformity
with the conditions set forth below'. 5. The words "and the Code of Virginia should be added at the
end of the second paragraph. 6. With respect to Proffer No. 1, as I was not provided with a copy of the
Generalized Site Plan, the staff should review the site plan shown on Exhibit 4 of the Impact Statement
to determine if it is sufficiently detailed to govern the development of the site. 7. Proffer No. 3 may
not, in fact, be a proffer. If this development would require a commercial entrance and require the
owner to install improvements required by VDOT, then this proffer is offering nothing beyond what is
already required. It should be noted that I have not reviewed the substance of the proffers as to whether
the proffers are suitable and appropriate for the rezoning of this specific property, or whether other
proffers would be appropriate, as it is my understanding that that review will be done by the staff and
the Planning Commission.
Staff Comment: The proffers have been revised to reflect the comments provided by the county
attorney.
Winchester City Planning Department: No objections to the rezoning request.
Planning Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this
property as being zoned B2 (Business General), the property was then included in the County's
comprehensive downzoning and was changed from B2 to R -3 (Residential General). The
zoning changed to RP (Residential General) District on September 28, 1983 when the RI, R2,
R3, and R6 zoning districts were reclassified.
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]
Land Use
The parcel for which this rezoning is being requested is located within the County's Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area and Sewer and Water Service Area define the general area in which more
Rezoning #08 -06, Shawnee Drive Property
July 11, 2006
Page 4
intensive forms of planned commercial and industrial development will occur.
The Shawnee Drive property is located within an area that the Eastern Frederick County Long
Range Land Use Plan identifies with an industrial land use designation. The applicant is
requesting a B2 (business /commercial) designation which might be more compatible with the
surrounding area. The site is located adjacent to an existing automobile sales facility (zoned
B2) as well as existing RP residential property.
Transportation
The site will be accessed off of Shawnee Drive (Route 652) which is classified as a local road;
the applicant has proffered to prohibit the site from being accessed off of Route 11. The traffic
analysis provided with the applicant's impact statement shows that the relevant section of Route
11 has 17,000 average daily vehicles per day and Shawnee Drive has an average 5,200 vehicle
trips per day. The site has been proffered to develop with a maximum of 9,000 square feet of
office space which would generate approximately 100 trips per weekday.
3) Site Suitability /Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands
4) Proffer Statement Dated October 16, 2005 and revised on January 16, 2006, March 15,
2006 and May 9, 2006
Generalized Plan
The applicant has proffered a Generalized Development Plan that restricts the development of
this property to a 9,000 square foot office building.
Access to Route 11
The applicant has proffered to prohibit access onto Route 1 1 This site will only be accessed off
of Shawnee Drive
Frontage Improvements
A five foot sidewalk is proffered along Shawnee Drive
Monetary Contributions
In recognition of the impacts that may be realized by the community to the Fire and Rescue
Services, the applicant has proffered a contribution in the amount of $1,000 to be paid to the
Stephens City Volunteer Fire Company for impacts to fire control services. This sum will be
paid upon receipt of the first building permit issued subsequent to the approval of the rezoning.
Rezoning 1408 -06, Shawnee Drive Property
July 11, 2006
Page 5
PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/21/06 MEETING:
The representative for the applicant/owner commented that despite the fact the Comprehensive Policy
Plan calls for industrial use in this area, he believed the parcel was too small for an industrial use. The
representative said the parcel was not suitable for residential use and he believed office use was the
most appropriate for this particular lot. A Commission member asked the representative if he had any
direct conversations with surrounding neighbors about any issues they might have; the representative
replied that he did not meet with the neighbors.
There were no public comments made regarding the proposed rezoning. No issues or areas of concern
were raised by the Planning Commission. The Commission unanimously recommended approval of the
rezoning.
(Note: Commissioners Thomas and Watt were absent from the meeting.)
STAFF CONCLUSIONS FOR 07/26/06 BOARD OF SUPERVISORS MEETING:
This application is a request to rezone approximately .94 acres of land from the RP (Residential
Performance) to the B2 (Business General) District. The property is located within the SWSA (Sewer
and Water Service Area) as well as the UDA (Urban Development Area). The Eastern Frederick
County Long Range Land Use Plan indicates that the property should be used for industrial land uses,
however, due to the subject site's location adjacent to the B2 and RP zoned properties, a rezoning from
a RP zoning to a B2 zoning may be supported to continue the consistency and compatibility of the area.
Following the required public hearing, 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.
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LIGHT, WILLIAM P SANDRA H
63 A 35
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Rezoning 08 -06 Flanning S Development
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63 A 23
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FOREMAN INVESTMENTS, LLC
63 A 34
CARTER, MARY FRANCES
63 A 35
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BETTYBARTON TRUSTEE
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Shawnee Dr. Property ,,,,y
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May 30 2006
To be =completed by Planning Staff
Fee Amount Paid
mber Date Received 5
PC Hearing Date �2
Zoning Amendment u1/�G BOS Hearing Date
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: PAINTE,2- LstilS,
Address: I16, S. srswtcec 5T'.
Wmc et.- E-2 VA. 2).6G 1
2. Property Owner (if different than above)
Name: N\ 4chel13 u e.bb LLC_ hm Otto
Address: 19 CasT 2o
cav usE VA. QQ611
3. Contact person if other than above
Name: t*hrl Lewis, P c
4. Checklist: Check the following
Location map
Plat
Deed to property
Verification of taxes paid 7
MAY a 2006
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
items that have been included with this application
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
11
Telephone: S4o V-5
Telephone:
Soo 955 4sno
Telephone: 5 4 4 0 tclo2 3 ei a
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:
i re. he 1 13 lee_bb LLC n 1, r)V)
6. A) Current Use of the Property: VNAri i
B) Proposed Use of the Property: Q- STS'/ offlcr
7. Adjoining Property:
PARCEL II) NUMBER USE ZONING
'02 2241- tifiQt37i
AT Ir' A ny.
»nfn+E r ;Al VNtk,51
',Ned FaM IL V
41NCthE FAMILV
G3- A 2-5 Nw 3r,70
63 A- ze °°Hr1FIYcwL/ ynpus t-
8. Location: The property is located at (give exact location based nearest road and distance
from nearest intersection, using road names and route numbers):
63 A 99
63- lon
63 lol
63- A Ib.Q
62-,6;
(.0- A 105
(o3 103
1u4N OFF of RT. 1 rwiz) 5 NA1.+riET. 1212 Ng /EAsr SourltD
0.4 tNtFIZ -LT1oN I Z�I aN �,cn ae
S I 1
l`Tt tt1 anI to LEWIN I wNT MED o�S.
12
Single Family homes:
Non Residential Lots:
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 or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number /o3- A 104
Districts
Magisterial: High School:
Fire Service: _TCPrivirS Crry VOL. FIZFteprMiddle School:
Rescue Service AteNs Cory 6oL• Fee ocar. Elementary School:
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested
0.44
�aa
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed
Number of Units Proposed
Townhome: Multi- Family:
Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: S, Von Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other:
13
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):
S vnvr f1/4,,D-
14
Date: l I b 0 5
Date:
Date: x'14 0(0
Date:
Adjoining Property Owners
Rezoning
15
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 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name 7. S. i.ANTO
Property (o 4 r}9
Name YonN T ,'PM1r 1v R. Tuus-rcc.
Property 2- -A- too
Name (AorS+ n N brefiTFI of ViY1F�N /A.
Property A /o
Name
Fi1ST N IT le NIFIL. 5h1K OF 5T7fb13o126
Property 1,
Name t L', A. TAY T2 P 1-VAy E
Property 43_ 6-
Name Atha, l2tv/0 iZ JR.
Property 3_4_705
Name ,FNS, Tier, C. TILL
Property �3 L I _9
Name
Property
Name
Property
M;ddle riZa.
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31(0 VX-Ey 1
YtiMCHESTelz, Va. aa4
STAo WbN, IA. 24goa
112 W. ViNa ST.
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W1N6ffEsreig t/q. 226oz
3355 Slin.)1 4
W1r/cNcsr VA Zl _62
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µhNcWFSTER, VA aa662
#4677
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1.03 Acres
SOUTHERN BA KERY
539 Off 236.01
KATIE LANTZ to LINDEN VANN
STICKLEY
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56.3'
SCALE I FEET
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N 44° 0 WE
MESSICK
263.5'
The above lot, located on the South side of Road No. 652 a short
distarce East of U.S. Highway No. 11, at Kernstown, and situate in
Shawnee Magisterial District Frederick County Virginia, is bounded
as follows:
Beginning at (1) a post in a fence comer on the South sid e
of Road N 652, a corre r to the land of Stickley; thence with Stickley
S 38 deg. 15 min. W 56.3 feet to (2) a post a corner between Stickle/
and the land of tte Southern Bakery Co., thence with the land of the
Southern •Bakery Co.., S 39 deg. 01 min. W 236.0 feet to (3) a post in
a fence turner; the nce with a new division line through the land of
Katie Lantz S 62 deg. 13 min. E 153.3 feetto (4) a past in a fence
corner a corner to Messick; thence with Messick and along a wire fence
N 44 deg. 08 min. E 263.6 feet to 65) a postin a fence corner on the
South sideof -Road No. 652; thence with the South side of Road No. 652_
N 51 deg. 02 min. W 174. feet to the point of begy nning containing 1.03 Acres more or less.
Ri i c?Brd U Good Ric he rd U. Goode, Certified Surveyor
May 17, 1963.
VIRGINIA FREDER'.CK COUNTY, SCT. b —t doy of (02 TM. M ment or ling was produced to me an the
Of wah c°dli ,Ca�e of pcknawudgment�ereto axe wm admitted rp, r 7, to record.
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FIRST NATIONAL BA
OF STRABURG
PIN 63 -A -102
1.20 ACRES
ZONED B2
USE COMM. /INDU
A. JAY JR. FRAY E. LOW
PIN 63 -A -103
0.50 CRES
ZONE) RP
USE SIN E FAM. RES.
0-
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LLEY AVENLE RENTAL
PROPERTIES, LLC.
PIN 63 -A -25
0.50 ACRES
ZONED RP
USE COMM. /INDUST.
COMMONV EALTH OF VIRGINIA
PIN 63 -A -101
38 ACRES
7JNED 82
USE STATE GOVT.
VALLEY AVENUE REM AL
PROPERTIES, LLC.
PIN 63 -A -28
0.41 ACRES
ZONED B3
USE COMM. /INDUST.
PHILLIP R. YOUNT
PIN 63 -A -100
0.37 ACRES
ZONED B2
USE COMM. /INDUSTR.
c
JAMES J. LANT
DAVID R. MILLER JR.
PIN :3 -A -105
0 •5 ACRES
ONED RP
USE SINGLE FAM. RES.
JAMES C. DUSTI JILL LIKENS
PIN 63C -1 -9
ACRES
ZONED RP
USE SINGLE FAM. RES.
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SCALE: DATE:
HISTORICAL PROPERTY KEY
003 BRIGHTSIDE
009 OPEQUON PRESBYTARIAN CHURCH
007 KERNSTOWN BATTLEFIELD
021 WILLOW BROOK
487 TENANT HOUSE AT BRIGHTSIDE
971 HOPES ORDINARY
972 SAVAGE SEAL HOUSE
973 HOUSE IN KERNSTOWN
974 LANTZ HOUSE
975 HOUSE IN KERNSTOWN
976 3248; VALLEY AVENUE
977 LORING RITTER HOUSE
978 33281 VALLEY AVENUE
979 3400, VALLEY AVENUE
980 MERVEL ADAMS HOUSE
981 HANOVER HOUSE
982 HOUSE, RT. 11 SOUTH
983 HOUSE, RT. 11 SOUTH
984 VILLAGE AUTO SALES
1191 RUSSELL HOUSE #2
1192 RUSSELL HOUSE #1
1379 FLETCHER HOUSE
NOTE: INDICATES A POTENTIALLY SIGNIFICANT
SITE AS DENOTED BY THE RURAL LANDMARKS
SURVEY REPORT OF FREDERICK COUNTY
1200 1200
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SCALE: DATE:
CURVE
ARC
DELTA ANGLE
RADIUS
TANGENT
CHORD BEARING
CHORD
01
18.39'
01'21'12"
778.51'
9.19'
556'54'26 "E
18.39'
JAMES J. LANTZ
DB.587, PG.396
TM 63 -A -99
1
I
1
Tax Map 63 —A -104
Existing Zoning: RP
Proposed Zoning: 82— Highway Commercial District
Existing Use: Vacant
Parcel Area: 0.897 acres (39,073 sq. ft.)
Proposed Use: Two Story Office Building
Proposed Building: 40'x112' 4,480 sq. ft. x2
Building Restriction Lines:
Front Yard Setback: Required— 35'
Rear Yard Setback: Required— 0'
Side Yard Setback: Required— 0'
Maximum Building Height: Allowed— 35'
Open Space Required: 15% 5,860 sq. ft.
Open Space Provided: 48% 18,616 sq. ft.
Building and Impervious Area Coverage:
Building Footprint Area: 4.480.00 sq. ft.
1
PROFFER
TM -63 -A -104
0.8966 ACRES
Parking Requirements:
Property Line Setback:
Front Yard Setback Required— 5'
Rear Yard Setback: Required— 5'
Side Yard Setback: Required— 5'
Spaces Required:
Office: (1) per 250 sq. ft.
8.960/250= 36 spaces required
Total Parking Spaces Provided:
38 (2) HDCP spaces included
Loading Required— None
TM -63 -A -100
N31°57'54 2 235.54'
1 S36 °5138= 22969'
DAVID R. MILLER JR.
DB.373, PG.431
TM-63-A- 105
111'54T
28.64'
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ACCESS EASEMENT
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Planning Commission:
Board of Supervisors:
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
June 21, 2006
July 26, 2006
PROPOSAL: To rezone .94 acres from RP (Residential Performance) District to 82 (General
Business) District with proffers, for office uses.
LOCATION: The property is located on Shawnee Drive, approximately 250' east of the intersection
of Route 11 Shawnee Drive, on the right side of the road.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 63 -A -104
PROPERTY ZONING: RP (Residential Performance) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING PRESENT USE:
North: RP (Residential Performance)
B2 (Business General)
South: M2 (Industrial, General)
East: RP (Residential Performance)
West: B2 (Business General)
PROPOSED USES: Office
REZONING APPLICATION #08 -06
SHAWNEE DRIVE PROPERTY
Staff Report for the Planning Commission
Prepared: June 5, 2006
Staff Contact: Candice E. Perkins, Planner 11
Action
Pending
Pending
Use: Residential
Use: Commercial Bank
Use: Commercial /Industrial
Use: Residential
Use: Commercial Car Sales
Rezoning #08 -06, Shawnee Drive Property
June 5, 2006
Page 2
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 652. This route is the VDOT roadway which has
been considered as the access to the property referenced. VDOT is satisfied that the transportation
proffers offered in the Shawnee Drive Property rezoning application dated March 15, 2006 address
transportation concerns associated with this request. Before development, this office will require a
complete set of construction plans detailing entrance designs, drainage features, and traffic flow data
from the I.T.E Trip Generation Manual Seventh Edition for review. VDOT reserves the right to
comment on all right -of -way needs, including right-of-way dedications, traffic signalization and off-site
roadway improvements and drainage. Any work performed on the State's right -of -way must be covered
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage.
Fire Marshal: Plan approval recommended.
Department of Inspections: No comment
Public Works Department: We have no comment at this time but reserve the right to perform a
detailed review at the time of the site plan submitted.
Frederick Winchester Service Authority: I believe that property would be serviced by the City of
Winchester; sewer and water connection I believe are already installed to property.
Sanitation Authority: This site will be served by Winchester City.
Department of Parks Recreation: No comment
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.
Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the
proposal does not significantly impact historic resources 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 noted that the National Park Service Study of Civil War Sites in the Shenandoah
Valley identifies the property as being located within the core areas of the First and Second Battles of
Kernstown and the study area of the Second Battle of Winchester; however, due to the development in
this area, it has been deemed to have lost its integrity.
Frederick County Attorney: It is my opinion that the proposed proffer statement is generally in a
form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia,
subject to the following comments: 1.1 would suggest, for uniformity and easy- reference purposes, that
the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the
Rezoning #08 -06, Shawnee Drive Property
June 5, 2006
Page 3
attached format. This format has been used in all recent proffer statements. 2. The heading
"INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the
initial paragraphs is substantive paragraphs of the proffer statement. 3. The last sentences of the first
paragraph, beginning with the word "Therefore" should be deleted, as the actual proffers are set forth in
the itemized proffers. 4. In the second paragraph, 1 would recommend that the words
"development of this property would require the owner to meet the conditions set forth in this
document" be revised to state "development of this subject property shall be done in strict conformity
with the conditions set forth below 5. The words "and the Code of Virginia" should be added at the
end ofthe second paragraph. 6. With respect to Proffer No. 1, as I was not provided with a copy of the
Generalized Site Plan, the staff should review the site plan shown on Exhibit 4 of the Impact Statement
to determine if it is sufficiently detailed to govern the development of the site. 7. Proffer No. 3 may
not, in fact, be a proffer. If this development would require a commercial entrance and require the
owner to install improvements required by VDOT, then this proffer is offering nothing beyond what is
already required. It should be noted that I have not reviewed the substance ofthe proffers as to whether
the proffers are suitable and appropriate for the rezoning of this specific property, or whether other
proffers would be appropriate, as it is my understanding that that review will be done by the staff and
the Planning Commission.
StaffComment: The proffers have been revised to reflect the comments provided by the county
attorney.
Winchester City Planning Department: No objections to the rezoning request.
Planning Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this
property as being zoned B2 (Business General), the property was then included in the County's
comprehensive downzoning and was changed from B2 to R -3 (Residential General). The
zoning changed to RP (Residential General) District on September 28, 1983 when the RI, R2,
R3, and R6 zoning districts were reclassified.
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]
Land Use
The parcel for which this rezoning is being requested is located within the County's Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban
Development Area and Sewer and Water Service Area define the general area in which more
Rezoning #08 -06, Shawnee Drive Property
June 5, 2006
Page 4
intensive forms of planned commercial and industrial development will occur.
The Shawnee Drive property is located within an area that the Eastern Frederick County Long
Range Land Use Plan identifies with an industrial land use designation. The applicant is
requesting a B2 (business /commercial) designation which might be more compatible with the
surrounding area. The site is located adjacent to an existing automobile sales facility (zoned
B2) as well as existing RP residential property.
Transportation
The site will be accessed off of Shawnee Drive (Route 652) which is classified as a local road;
the applicant has proffered to prohibit the site from being accessed off of Route 11. The traffic
analysis provided with the applicant's impact statement shows that the relevant section of Route
11 has 17,000 average daily vehicles per day and Shawnee Drive has an average 5,200 vehicle
trips per day. The site has been proffered to develop with a maximum of 9,000 square feet of
office space which would generate approximately 100 trips per weekday.
3) Site Suitability /Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands.
4) Proffer Statement Dated October 16, 2005 and revised on January, 16, 2006, March 15,
2006 and May 9, 2006
Generalized Plan
The applicant has proffered a Generalized Development Plan that restricts the development of
this property to a 9,000 square foot office building.
Access to Route 11
The applicant has proffered to prohibit access onto Route 11. This site will only be accessed off
of Shawnee Drive
Frontage Improvements
A five foot sidewalk is proffered along Shawnee Drive
Monetary Contributions
In recognition of the impacts that may be realized by the community to the Fire and Rescue
Services, the applicant has proffered a contribution in the amount of $1,000 to be paid to the
Stephens City Volunteer Fire Company for impacts to fire control services. This sum will be
paid upon receipt of the first building permit issued subsequent to the approval of the rezoning.
STAFF CONCLUSIONS FOR 06/21/06 PLANNING COMMISSION MEETING:
This application is a request to rezone approximately .94 acres of land from the RP (Residential
Performance) to the B2 (Business General) District. The property is located within the SWSA (Sewer
and Water Service Area) as well as the UDA (Urban Development Area). The Eastern Frederick
Rezoning 408 06. Shawnee Drive Property
June 5, 2006
Page 5
County Long Range Land Use Plan indicates that the property should be used for industrial land uses,
however, due to the subject site's location adjacent to the B2 and RP zoned properties, a rezoning from
a RP zoning to a B2 zoning may be supported to continue the consistency and compatibility of the area.
Following the requirement for n public hearing, a recommendation
by the Planning Commission to the Board of Supervisors concerning this rezoning
application would be appropriate. The applicant should he prepared to adequately
address all concerns raised by the Planning Commission.