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PC 02-15-17 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia February 15, 2017 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) December 7, 2016 and January 4, 2017 Meeting Minutes ............................................. (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 5) Rezoning #02-17 for Express Oil Change & Tire Engineers, submitted by Greenway Engineering, Inc., to rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000’ south of the Interstate 81 Exit 313, in the Shawnee Magisterial District, and is identified by Property Identification Number 64-A-1F. Mrs. Perkins ..................................................................................................................... (B) ACTION ITEM 6) Rezoning #01-17 DMJ Holding L.L.C. submitted by Painter-Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This minor proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue) in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64-A-4-19 and 64A-4-20. Mrs. Perkins ..................................................................................................................... (C) INFORMATION/DISCUSSION ITEMS 7) Master Development Plan #01-17 for Freedom Manor submitted by Pennoni Associates Inc. on behalf of Freedom Manor, L.L.C. This application seeks to develop 47.54 acres of land zoned RP (Residential Performance) with 90 units single family detached and 100 units single family attached. The subject properties are located east and adjacent to Papermill Road (Route 644) and approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644) in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-19, 64-A-20, and 64-A-23. Please note this item is presented for informational purposes only. Mr. Klein .......................................................................................................................... (D) 8) Master Development Plan #03-17 for Southern Hills Phase II submitted by Greenway Engineering, Inc., on behalf of Arcadia Communities, L.L.C. This application seeks to develop 40.36 acres of land zoned RP (Residential Performance) and B2 (General Business) with up to 130 units single family detached cluster and right-of-way reserve area. The subject properties is located south of Stephens City, east side of Town Run Lane (Route 1012) in the Opequon Magisterial District, and is identified by Property Identification Number 85D-1-1-95. Please note this item is presented for informational purposes only. Mr. Klein .......................................................................................................................... (E) 9) Annual Report Other Adjourn -2- Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non-public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the policy-making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A Frederick County Planning Commission Page 3393 Minutes of December 7, 2016 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 7, 2016. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: J. Rhodes Marston, Back Creek District STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the December 7, 2016 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the amended agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the October 19, 2016 meeting. Frederick County Planning Commission Page 3394 Minutes of December 7, 2016 COMMITTEE REPORTS Transportation Committee – Mtg. 11-28-16 Commissioner Oates reported the committee discussed the following at their November meeting: 2035 Comprehensive Plan Update; Welltown Road and Rest Church Road traffic concerns update; Warren County Truck Restriction request for Reliance Road; County projects update. City of Winchester – Mtg. 11-15-16 and 12-6-16 Dr. Richard Fieo, Winchester City Planning Commission Liaison, reported the Commission recommended approval for several items including: Conditional Use Permit for Ateethi Services LLC for extended stay lodging; Preliminary Subdivision for Ricketts Business Center, LLC; Conditional Use Permit submitted by Acme Real Estate Holdings LLC for a pet daycare center; Conditional Use Permit for Bapa Hospitality LLC for extended stay lodging; and an Ordinance to rezone 2.34 acres of land at 217 East Southwerk Street from Medium Density Residential District to Medium Density Residential District with Planned Unit Development Overlay. Board of Supervisors – Mtg. 11-9-16 Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved the following items at their meeting: CUP #12-16 for Alma and Ronald Carter (off premise farm market); REZ #11-16 for Southern Hills Phase 2 (proffer amendment). The Board also discussed and Ordinance Amendment for Indoor Recreation in the M1 District and an Ordinance Amendment for Minor Site Plan Threshold. ------------- CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. ------------- PUBLIC HEARING Ordinance Amendment to the Frederick County Code – Chapter 144 Subdivision of Land, ARTICLE V – DESIGN STANDARDS, §144-31. Rural Subdivision. Revision to the Frederick County Subdivision of Land to reduce the right-of-way width mandatory to create a family lot subdivision per the Code of Virginia. Action – Recommend Approval Frederick County Planning Commission Page 3395 Minutes of December 7, 2016 Assistant Director, Candice E. Perkins reported this is a proposed amendment to the Subdivision Ordinance to update the minimum ROW (Right-of-Way) width necessary to create a family division lot. She noted the current Ordinance requires a 50’ ROW. Ms. Perkins continued, the Code of Virginia states that a 20’ROW is the maximum that can be required and the Frederick County Ordinance has been revised to reflect a 20’ ROW requirement. Ms. Perkins reported the DRRC discussed this amendment at their August 2016 meeting and agreed with the proposed change. She concluded the Planning Commission discussed and agreed with this at their October 5, 2016 meeting and the Board of Supervisors discussed and agreed at their October 26, 2016 meeting. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Dunlap, and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance Amendment to the Frederick County Code – Chapter 144 Subdivision of Land, ARTICLE V – DESIGN STANDARDS, §144-31 Rural Subdivision. Revision to the Frederick County Subdivision of Land to reduce the right-of-way width mandatory to create a family lot subdivision per the Code of Virginia. (Note: Commissioner Marston was absent from the meeting) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE IX NONCONFORMING USES, STRUCTURES, AND SIGNS, Part 901- Nonconforming Uses, Structures, and Signs, §165-901.01 Continuation of pre-existing uses, structures, and signs. Off- Street Parking, Loading and Access, §165-202.01 Off-Street Parking; Parking Lots. Revisions to the Frederick County Zoning Ordinance to increase the timeframe a nonconforming use can be discontinued before it is deemed abandoned per the Code of Virginia. Action – Recommend Approval Assistant Director, Candice E. Perkins reported this is a proposed amendment to the Zoning Ordinance as it pertains to the discontinuance of nonconforming uses. She explained currently the Ordinance states that if a nonconforming use is discontinued for a period exceeding one year it is deemed abandoned. Ms. Perkins continued the Code of Virginia, states that a two year period is required before a use can be deemed abandoned and this revision is proposed to change the Zoning Ordinance requirement to two years in conformance with the Code of Virginia. Ms. Perkins concluded the DRRC discussed this amendment at their August 2016 meeting and agreed with the proposed change. The Planning Commission discussed and agreed with the change at their October 5, 2016 meeting; and the Board of Supervisors discussed and agreed with the proposed changes at their October 26, 2016 meeting. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot close d the public comment portion of the hearing. Frederick County Planning Commission Page 3396 Minutes of December 7, 2016 Upon motion made by Commissioner Oates, and seconded by Commissioner Manuel BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE IX NONCONFORMING USES, STRUCTURES, AND SIGNS, Part 901- Nonconforming Uses, Structures, and Signs, §165-901.01 Continuation of pre-existing uses, structures, and signs. Off-Street Parking, Loading and Access, §165-202.01 Off-Street Parking; Parking Lots. Revisions to the Frederick County Zoning Ordinance to increase the timeframe a nonconforming use can be discontinued before it is deemed abandoned per the Code of Virginia. (Note: Commissioner Marston was absent from the meeting) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 603 – B2 General Business District, §165-603.02 Allowed Uses. Revisions to the Frederick County Zoning Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow this use in the B2, M1, and M2 Districts. Action – Recommend Approval Assistant Director, Candice E. Perkins reported this is a proposed amendment to the Zoning Ordinance to remove motorcycle repair from the B2 (General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial General) Districts. Ms. Perkins explained currently, motorcycle repair is permitted in the B2 (General Business) and B3 (Industrial Transition) Districts. She noted this change would bring this use in line with automobile repair, which is permitted in the B3, M1, and M2 Districts. Ms. Perkins concluded the DRRC discussed this item at their August 2016 meeting; the Planning Commission discussed at their October 5, 2016 meeting; and the Board of Supervisors discussed this at their October 26, 2016 meeting. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Unger, and seconded by Commissioner Ambrogi BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 603 – B2 General Business District, §165-603.02 Allowed Uses. Revisions to the Frederick County Zoning Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow this use in the B2, M1, and M2 Districts. (Note: Commissioner Marston was absent from the meeting) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, Part 204 – Additional Regulations for Specific Uses §165-204.24. Commercial Frederick County Planning Commission Page 3397 Minutes of December 7, 2016 Recreations Indoor, ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, Part 101 – General Provisions §165-101.02 Definitions and word usage, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 605 – OM Office - Manufacturing Park District, §165-605.03.1 Conditional Uses. Revisions to the Frederick County Zoning Ordinance to include indoor recreation as a conditional use in the M1 (Light Industrial) Zoning District. Action – Recommend Approval Assistant Director, Candice E. Perkins reported this is an amendment to the Zoning Ordinance to allow commercial indoor recreation as a conditional use in the OM (Office-Manufacturing) District and the M1 (Light Industrial) District. Ms. Perkins noted currently the use is permitted in the B2 and B3 Districts by-right. Ms. Perkins continued, Staff has drafted supplemental use regulations for parking and pickup areas and additional requirements could be added during the Conditional Use Permit process if necessary. Ms. Perkins concluded the DRRC discussed this item at their September 2016 meeting; the Planning Commission discussed the item on October 19, 2016; and the Board of Supervisors discussed this item at their November 9, 2016 meeting. Commissioner Thomas inquired why we decided to go the CUP (Conditional Use Permit) route, was it the parking requirement. Ms. Perkins explained it is due to a number of factors; the M1 is very widely distributed for uses, therefore it may be completely permissible at one site, and then not at another site. She continued Staff wanted to make sure we had an opportunity for adjoiner notifications as well as the ability to assess this on a case by case basis. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Unger, and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, Part 204 – Additional Regulations for Specific Uses §165-204.24. Commercial Recreations Indoor, ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, Part 101 – General Provisions §165-101.02 Definitions and word usage, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 605 – OM Office - Manufacturing Park District, §165-605.03.1 Conditional Uses. Revisions to the Frederick County Zoning Ordinance to include indoor recreation as a conditional use in the M1 (Light Industrial) Zoning District. YES: Wilmot, Thomas, Unger, Ambrogi, Manuel, Cline, Molden, Kenney, Triplett, Dunlap, Mohn NO: Oates (Note: Commissioner Marston was absent from the meeting) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS, Part 802 – Site Plans, §165-802.03 Site Plan and Illustrative Sketch Plan Contents. Revisions to the Frederick County Zoning Ordinance to increase Frederick County Planning Commission Page 3398 Minutes of December 7, 2016 the disturbed area permissible to be considered a minor site plan from 5,000 square feet to 10,000 square feet. Action – Recommend Approval Assistant Director, Candice E. Perkins reported this is an amendment to the Zoning Ordinance to modify the standards for the submittal of a minor site plan. She explained the current threshold for a minor site plan is “a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area”. Ms. Perkins continued, this proposed amendment would increase the threshold from 5,000 square feet to 10,000 square feet to be consistent with the requirements for a land disturbance permit. Ms. Perkins concluded the DRRC discussed this at their September 2016 meeting; the Planning Commission discussed at their October 19, 2016 meeting; and the Board of Supervisors discussed it at their November 9, 2016 meeting. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Dunlap, and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS, Part 802 – Site Plans, §165-802.03 Site Plan and Illustrative Sketch Plan Contents. Revisions to the Frederick County Zoning Ordinance to increase the disturbed area permissible to be considered a minor site plan from 5,000 square feet to 10,000 square feet. (Note: Commissioner Marston was absent from the meeting) ACTION ITEM Rezoning #12-16 Snowden Bridge Station, submitted by GreyWolfe, Inc., to revise the proffers associated with Rezoning #03-05 for North Stephenson, Inc. This revision relates to the transportation section. The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and is identified with Property Identification Numbers 43C-3-5, 43C-3-7A, 43-A-151, and 43-A-152. Action – Recommend Approval Assistant Director, Candice E. Perkins reported this is a request to revise the proffers from Rezoning #03-05 for North Stephenson, Inc. for four parcels of land that total 59.2 acres. The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. Ms. Perkins presented mapping of the property. She continued this minor proffer amendment seeks to amend a transportation proffer that previously dedicated right-of-way for the construction of a public roadway for the realignment of Redbud Road. Ms. Perkins concluded the proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. Frederick County Planning Commission Page 3399 Minutes of December 7, 2016 Commissioner Unger inquired why make this a private road. Ms. Perkins noted the public road is no longer needed. Upon motion made by Commissioner Cline, and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #12-16 Snowden Bridge Station, submitted by GreyWolfe, Inc., to revise the proffers associated with Rezoning #03-05 for North Stephenson, Inc. This revision relates to the transportation section. The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and is identified with Property Identifica tion Numbers 43C-3-5, 43C-3- 7A, 43-A-151, and 43-A-152. (Note: Commissioner Marston was absent from the meeting) INFORMATION/DISCUSSION 2035 Comprehensive Plan – Transportation Chapter Update Assistant Director, Candice E. Perkins reported the Planning Commission discussed the 2035 Update on November 2, 2016; at that time Staff was awaiting updates from VDOT regarding Chapter 5 – Transportation. Ms. Perkins continued Staff has received those comments from VDOT and incorporated those revisions into the plan. Ms. Perkins highlighted the changes to the Transportation Chapter which include: State Code compliance Text; Planning Assumptions Text; Needs Assumption Text; Recommendations; Additional Graphics and Maps. Ms. Perkins concluded the Transportation Committee discussed the edits to the chapter at their meeting on November 28, 2016 and have endorsed the edits. CPPA #01-2016, Leonard Property SWSA Expansion Commissioner Oates and Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Assistant Director, Candice E. Perkins reported this is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 43.77 acres of land. She continued the properties are currently zoned RA (Rural Areas); however the Southern Frederick Land Use Plan designates these parcels for future mixed use commercial/office and industrial uses. Ms. Perkins explained the proposed text addition to the Southern Frederick Area Plan. The properties are located on the eastern side of White Oak Road (Route 636) in the Shawnee Magisterial District and she provided location mapping of the properties. Ms. Perkins continued the Eastern Road Plan calls for White Oak Road between Tasker Road and Route 277 to be in improved two lane roadway. While this improvement has partially taken place for the northern portion of the roadway near Tasker Road, the southern portion of White Oak Road to the south remains a winding and narrow roadway which may be difficult and costly to improve. Ms. Perkins reported the area plan identifies improvements to White Oak Road in this area which may include its realignment near the Wrights Run stream crossing, passing to the east of and behind the existing residences fronting White Oak Road. Frederick County Planning Commission Page 3400 Minutes of December 7, 2016 Commissioner Thomas referred to the mapping presented; he inquired how soon the SWSA will be going further down Route 277. Ms. Perkins explained; future studies would need to be completed to determine this. Commissioner Unger asked if the Sanitation Authority has taken a look at the CPPA. Ms. Perkins noted the Sanitation Authority has reviewed this item. Commissioner Mohn noted at the CPPC meeting in November 2016 Mr. Eric Lawrence , Executive Director of Frederick County Sanitation Authority was present and was comfortable with the basic readiness of the system. Ms. Perkins noted this CPPA is being included in the 2035 Comprehensive Plan Update – Appendix I, and will be discussed by the Board of Supervisors on December 14, 2016. Annual Review of Bylaws and Roles and Responsibilities Director, Michael T. Ruddy presented a brief overview of documents for the Bylaws and Roles and Responsibilities. He continued as discussed during the November 2, 2016 Planning Commission meeting, proposed revisions that have been forwarded to Staff have been incorporated into the draft and ultimately the updated documents will be presented at the Planning Commission’s first meeting in 2017 for adoption. Mr. Ruddy highlighted two revisions: the tabling language to be changed to “postpone”; and revised proffers has been changed from 14 days to 8 days. Commissioner Oates inquired if reducing the number of days on the revised proffers will affect advertising. Mr. Ruddy explained this revision will not affect advertising and it was more of a concern to the preparation of agendas. Cancelation of the regular meeting on December 21, 2016 Chairman Wilmot announced there were no pending items for the Planning Commission’s December 21, 2016 meeting. A motion was made by Commissioner Thomas to cancel the December 21, 2016 meeting of the Planning Commission. This motion was seconded by Commissioner Oates and unanimously passed. ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Oates and unanimously passed. The meeting adjourned at 7:40 p.m. Respectfully submitted, ____________________________ June M. Wilmot, Chairman ____________________________ Michael T. Ruddy, Secretary B REZONING APPLICATION #02-17 EXPRESS OIL CHANGE & TIRE ENGINEERS Staff Report for the Planning Commission Prepared: February 6, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. LOCATION: The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000’ south of the Interstate 81 Exit 313. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/17 PLANNING COMMISSION MEETING: This is an application to rezone a total of 0.604+/- acres of land from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff would note that this proposed use has not been proffered; the applicant has excluded a number uses in the proffer statement (such as landscape services, warehousing, utility facilities, and trailer parking). This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent IHOP Restaurant. An interparcel- connection with the IHOP Restaurant is also planned that will allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The necessary easements to facilitate these access points will be recorded prior to review by the Board of Supervisors. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #02-17 Express Oil Change & Tire Engineers February 6, 2017 Page 2 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: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. LOCATION: The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000’ south of the Interstate 81 Exit 313. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-1F PROPERTY ZONING: B2 (General Business) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Commercial South: B2 (General Business) District Use: Commercial East: B2 (General Business) District Use: Commercial West: B2 (General Business) District Use: Commercial Rezoning #02-17 Express Oil Change & Tire Engineers February 6, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation/access management proffers offered in the Express Oil Change & Tire Engineers rezoning application dated September 9, 2016 addresses transportation concerns associated with the request. It should be noted that to ensure the right in/right out, the entrance design will require a median device be constructed to prevent a left turn in/out of the proposed entrance. Before development this office will require a complete set of construction plans detailing designs, drainage features and traffic flow data for review. Frederick County Fire Marshall: Plan approved. Frederick County Sanitation Authority: No comment. Frederick County Department of Public Works: Please see letter from Harvey E. Strawsnyder, Jr., P.E., Director dated October 5, 2016. Frederick County Attorney: Please see letter from Roderick B. Williams, County Attorney dated October 11, 2016. Winchester Regional Airport: Due to FAA Federal regulation owner/develop will be required to file with the FAA for an airspace study as part of the site plan process for all buildings prior to construction with a separate filing for temporary construction equipment exceeding height of structure. Rezoning is compatible with airport operations. City of Winchester: The City of Winchester can readily provide water and sanitary sewer service to this parcel and has no concerns about the proposed rezoning and development. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester City Quadrangle) identifies this property as being zoned B2 (General Business) District. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. Rezoning #02-17 Express Oil Change & Tire Engineers February 6, 2017 Page 4 The 2035 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. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Transportation and Site Access Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent IHOP Restaurant. An interparcel-connection with the IHOP Restaurant is also planned that will allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The necessary easements to facilitate these access points will be recorded prior to review by the Board of Supervisors. 3) Proffer Statement – Dated September 9, 2016 A. Land Use Restrictions – The Owner has prohibited the following uses:  Landscape and Horticultural Service  Local and Suburban Transit Services  Motor Freight Transportation and Warehousing  Transportation by Air  Utility Facilities and their Accessory Uses  Drive In Motion Picture Theaters  Tractor Truck and Trailer Parking B. Access Management: 1. The Owner has proffered to limit new commercial entrance access to the property to a right in/right-out only partial access. 2. The Owner proffers to construct interparcel connectivity between the property and parcel 64-A-2 (IHOP) to facilitate access to the Front Royal Pike (Route 522)/Travel Lodge Drive signalized entrance. C. Monetary Contribution to Offset Impact of Development: 1. The Applicant has proffered $0.10 per developed square foot for County and Fire Rezoning #02-17 Express Oil Change & Tire Engineers February 6, 2017 Page 5 Rescue services; payable at occupancy permit. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/176 PLANNING COMMISSION MEETING: This is an application to rezone a total of 0.604+/- acres of land from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff would note that this proposed use has not been proffered; the Applicant has excluded a number uses in the proffer statement (such as landscape services, warehousing, utility facilities, trailer parking). This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent IHOP Restaurant. An interparcel- connection with the IHOP Restaurant is also planned that will allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The necessary easements to facilitate these access points will be recorded prior to review by the Board of Supervisors. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. A recommendation regarding this rezoning application to the Board of Supervisors would b e appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 64 A 1F 250FRONTROYAL PIKE 251FRONTROYAL PIKE 156DELCOPLAZA 199FRONTROYAL PIKE 210FRONTROYAL PIKE 241GARBER LN 200FRONTROYAL PIKE 170FRONTROYAL PIKE 158FRONTROYAL PIKE 160FRONTROYAL PIKE FRON T R O Y A L P I K E Applications Parcels Sewer and Water Service Area Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 23, 2017Staff: cperkins Winchester FRON T R O Y A L P I K E COS T E L L O D R DELCO P L Z MILLW O O D P I K E GA R B E R L N WINDY HILL LN REZ # 02 - 17Express Oil Change and Tire EngineersPIN:64 - A - 1FRezoning from B2 to B3 0 110 22055 Feet REZ # 02 - 17Express Oil Change and Tire EngineersPIN:64 - A - 1FRezoning from B2 to B3 §¨¦81 01522 §¨¦81 REZ #02-17 64 A 1F 250FRONTROYAL PIKE 251FRONTROYAL PIKE 156DELCOPLAZA 199FRONTROYAL PIKE 210FRONTROYAL PIKE 241GARBER LN 200FRONTROYAL PIKE 170FRONTROYAL PIKE 158FRONTROYAL PIKE 160FRONTROYAL PIKE FRON T R O Y A L P I K E Applications Parcels Sewer and Water Service Area Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 23, 2017Staff: cperkins Winchester FRON T R O Y A L P I K E COS T E L L O D R DELCO P L Z MILLW O O D P I K E GA R B E R L N WINDY HILL LN REZ # 02 - 17Express Oil Change and Tire EngineersPIN:64 - A - 1FRezoning from B2 to B3 0 110 22055 Feet REZ # 02 - 17Express Oil Change and Tire EngineersPIN:64 - A - 1FRezoning from B2 to B3 §¨¦81 01522 §¨¦81 REZ #02-17 64 A 1F 250FRONTROYAL PIKE 251FRONTROYAL PIKE 156DELCOPLAZA 199FRONTROYAL PIKE 210FRONTROYAL PIKE 241GARBER LN 200FRONTROYAL PIKE 170FRONTROYAL PIKE 158FRONTROYAL PIKE 160FRONTROYAL PIKE FRON T R O Y A L P I K E Applications Parcels Sewer and Water Service Area Building Footprints Long Range Land Use Residential Neighborhood Village Urban Center Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Historic Institutional Planned Unit Development Park Recreation School Employment Airport Support Area B2 / B3 Residential, 4 u/a High-Density Residential, 6 u/a High-Density Residential, 12-16 u/a Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 23, 2017Staff: cperkins Winchester FRON T R O Y A L P I K E COS T E L L O D R DELCO P L Z MILLW O O D P I K E GA R B E R L N WINDY HILL LN REZ # 02 - 17Express Oil Change and Tire EngineersPIN:64 - A - 1FRezoning from B2 to B3 0 110 22055 Feet REZ # 02 - 17Express Oil Change and Tire EngineersPIN:64 - A - 1FRezoning from B2 to B3 §¨¦81 01522 §¨¦81 REZ #02-17 IMPACT ANALYSIS STATEMENT EXPRESS OIL CHANGE & TIRE ENGINEERS DEVELOPMENT Shawnee Magisterial District Frederick County, Virginia TM 64-A-1F August 15, 2016 Current Owner: Titan’s Corporation Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 2 EXPRESS OIL CHANGE & TIRE ENGINEERS DEVELOPMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 0.604±-acre subject property owned by Titan’s Corporation, and identified as Tax Map Parcel 64-A-1F. The subject property is located on the west side of Front Royal Pike (U.S. Route 522 South) approximately 1,000’ south of the Interstate 81 Exit 313 northbound on-ramp, and is currently zoned B-2, Business General District. The Applicant proposes to rezone the 0.604±-acre subject property to B-3 Industrial Transition District with proffers to allow for the development of an Express Oil Change and Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays along the commercial corridor. Basic information Location: Fronting on the west side of Front Royal Pike (U.S. Route 522 South); approximately 1,000’ south of the Interstate 81 Exit 313 northbound on-ramp. Magisterial District: Shawnee District Property ID Numbers: 64-A-1F Current Zoning: B-2, Business General District Current Use: Undeveloped Proposed Zoning: B-3, Industrial Transition District Proposed Use: Express Oil Change & Tire Engineers Facility Total Rezoning Area: 0.604±-acres with proffers for the subject property COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 3 The 0.604±-acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 0.604±-acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Comprehensive Plan Conformity The 0.604±-acre subject property is located in the UDA and the SWSA and is within the study area boundary of the Senseny/Eastern Frederick Urban Area Study. The Senseny/Eastern Frederick Urban Area Study is a large-area plan that identifies land uses, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The 0.604±-acre subject property is identified for B2/B3 commercial land use; therefore, the proposed B-3, Industrial Transition District rezoning is in conformance with the land use recommendations of the Comprehensive Policy Plan. The B-3, Industrial Transition District rezoning is proposed to allow for the development of the Express Oil Change and Tire Engineers facility, which has been determined not to be a permitted stand-alone land use within the B-2, Business General District. The Express Oil Change and Tire Engineers facility is an appropriate commercial land use along a major commercial corridor. SUITABILITY OF THE SITE Access The 0.604±-acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 250 feet south of the Front Royal Pike/Travel Lodge Drive signalized intersection. Access to the subject property is planned to be provided with a shared right-in/right-out commercial entrance; as well as through an inter-parcel connection with the IHOP property that will provide access to the signalized intersection to facilitate protected left turn movements onto Front Royal Pike. Flood Plains The 0.604±-acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map #51069C0216D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 4 Wetlands The 0.604±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 0.604±-acre subject property contains one soil type as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil type is present on site: 3B Blairton Silt Loams 2-7% slope 3C Blairton Silt Loams 2-15% slope The Blaitron Silt Loam soil type is identified as a prime agricultural soil and has severe wet properties. The existing commercial land uses that have been constructed along the east and west sides of the Front Royal Pike (Route 522 South) commercial corridor contain the same soil type, and the subject property is not conducive for agricultural land use per the Comprehensive Policy Plan. The soil type is conducive for commercial development of the subject property. Other Environmental Features The 0.604±-acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present that create development constraints for the proposed commercial development project. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: B-2, Business General District Use: Restaurant (IHOP) South: B-2, Business General District Use: Office East: B-2, Business General District Use: Pool Hall; Retail/Grocery (Delco Plaza & Costco) West: B-2, Business General District Use: Restaurant (Cracker Barrel) Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 5 TRANSPORTATION The 0.604±-acre subject property is located on the west side of Front Royal Pike (U.S. Route 522 South), approximately 250 feet south of the Front Royal Pike/Travel Lodge Drive signalized intersection. Subsequent to final rezoning approval, the contract purchaser proposes to construct an Express Oil Change & Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays. Access to the subject property is proposed to be developed with a right-in/right-out commercial entrance on Front Royal Pike that is intended to be shared with the IHOP Restaurant; as well as an inter-parcel connection with the IHOP restaurant that will allow for vehicles to access the existing traffic signal at the Front Royal Pike/Travel Lodge Drive intersection to facilitate protected left traffic movement. Greenway Engineering has met with VDOT representatives to discuss the proposed right - in/right-out commercial entrance and has been advised that VDOT does not object to this access point. However, VDOT advised that the property owner will need to prepare and submit an access management exception request as a component of the Site Plan before the right-in/right-out commercial entrance can be approved for construction. Additionally, Titans Corporation has an agreement with Lennox, LLC (IHOP Restaurant property owner) that provides for an ingress/egress easement across Tax Map Parcel 64-A-2 that will allow for vehicles to access the existing traffic signal at the Front Royal Pike/Travel Lodge Drive intersection to facilitate protected left traffic movement. Greenway Engineering has prepared an exhibit that identifies the proposed location of the right-in/right-out commercial entrance and the approximate location of the ingress/egress easement through the Lennox, LLC property as information with this request. In order to assess the potential traffic impacts for the proposed Express Oil Change & Tire Engineers facility, Greenway Engineering has analyzed the Frederick County Zoning Ordinance to determine the highest and best land use within the B-2, Business General District that is not otherwise permitted in the B-3, Industrial Transition District and has determined that General Merchandise Stores (SIC 53) would be the appropriate land use to compare to the proposed Express Oil Change & Tire Engineers facility (SIC 75). Additionally, Greenway Engineering analyzed traffic study data from the Institute of Traffic Engineers (ITE) Manual, 9th Edition specific to Shopping Center (820) and Quick Lubrication Vehicle Shop (941). The following analysis compares traffic volumes for the Weekday AM and PM Peak Hours, the Saturday Peak Hours, and the Sunday Peak Hours assuming 4,850 square feet of Shopping Center (820) land use and 6 service bays of Quick Lubrication Vehicle Shop (941) land use specific to the ITE traffic study data: B-2, Business General Land Use ITE (820) Weekday AM Peak: Q = 0.96 VPD per 1,000 square feet gross floor area Q = 0.96 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 4.65 or 5 VPD Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 6 ITE (820) Weekday PM Peak: Q = 3.71 VPD per 1,000 square feet gross floor area Q = 3.71 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 17.99 or 18 VPD ITE (820) Saturday Peak: Q = 4.82 VPD per 1,000 square feet gross floor area Q = 4.82 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 23.37 or 24 VPD ITE (820) Sunday Peak: Q = 3.12 VPD per 1,000 square feet gross floor area Q = 3.12 VPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 15.13 or 16 VPD B-3, Industrial Transition Land Use ITE (941) Weekday AM Peak: Q = 3.0 VPD per service position Q = 3.0 VPD x 6 service position Q = 18 VPD ITE (941) Weekday PM Peak: Q = 4.0 VPD per service position Q = 4.0 VPD x 6 service position Q = 24 VPD ITE (941) Saturday Peak: Q = 7.0 VPD per service position Q = 7.0 VPD x 6 service position Q = 42 VPD ITE (941) Sunday Peak: Q = 4.5 VPD per service position Q = 4.5 VPD x 6 service position Q = 27 VPD The ITE projected traffic volumes identified above indicate that the proposed Express Oil Change & Tire Engineers facility (941) has the potential to increase traffic volumes during the weekday peak hours between 6-13 VPD and by approximately 11-18 VPD during the weekend peak hours compared to the Shopping Center (820) land use. These calculations demonstrate a fairly low increase in potential traffic volumes during these time frames (approximately 0.75-1.75 VPD every 15 minutes during the weekday peak hours and approximately 1.5-2.25 VPD every 15 minutes during the weekend peak hours). The proposed Express Oil Change & Tire Engineers facility will result in a minor increase in peak hour traffic volume that can be accommodated by the existing transportation infrastructure. The proposed access management plan provides for safe and efficient ingress Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 7 and egress for the subject site, which sufficiently mitigates impacts to the transportation network for this rezoning request. SEWAGE CONVEYANCE AND TREATMENT The 0.604±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. The City of Winchester is the provider of public sewer service within this area of the County, which is managed by the City of Winchester Public Services Department. The City of Winchester has an existing 8-inch gravity sewer line that adjoins the western boundary of the subject property within a 20-foot easement that is accessible to the property. All commercial land uses on the west side of Front Royal Pike (US Route 522 South) within proximity of the subject property convey sewer effluent through the 8-inch gravity sewer line that goes under Interstate 81 to a manhole located on the Apple Blossom Mall parcel, which then gravities to the Abram’s Creek sewer transmission line that connects to the Opequon Wastewater Treatment Facility. Based on comparable discharge patterns, the City of Winchester Public Services Department has determined that 75 gallons/day per 1,000 square feet of commercial development is an appropriate calculation for estimating the sewer demand for commercial land uses. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 363.75 GPD TOTAL: Q = 365 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 7.125 MGD is allocated to the City of Winchester. The City of Winchester currently averages approximately 5.0 MGD of the allocated capacity and has approximately 2.125 MGD of allocated capacity available for future development projects. The projected 365 GPD for the proposed project represents 0.02% of available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The 0.604±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The City of Winchester is the provider of public water service within this area of the County, which is managed by the City of Winchester Public Services Department. Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 8 The City of Winchester has an existing 12-inch water transmission located on the east side of Front Royal Pike that provides public water service to the commercial land uses on the west side of Front Royal Pike (US Route 522 South). An 8-inch water is looped off of the 12-inch water transmission line that adjoins the western boundary of the subject property within a 20- foot easement that is accessible to the property. Additionally, a 6-inch water line has been installed on the subject property off of the 8-inch water line loop. Based on comparable discharge patterns, the City of Winchester Public Services Departmen t has determined that 75 gallons/day per 1,000 square feet of commercial development is an appropriate calculation for estimating the water demand for commercial land uses. Q = 75 gallons/day per 1,000 square feet commercial Q = 75 GPD x 4.85 (4,850 sq.ft./1,000 sq.ft.) Q = 363.75 GPD TOTAL: Q = 365 GPD projected water demand The City of Winchester obtains potable water from the North Fork of the Shenandoah River, which is treated at the Percy D. Miller Water Treatment Plant located near Middletown. The Percy D. Miller Water Treatment Plant can treat approximately 10 MGD of potable water daily, which is transmitted to serve all properties in the City of Winchester; as well as some properties in Frederick County. The City has sufficient water capaci ty to serve these properties; as well as sell excess capacity to the Frederick County Sanitation Authority to supplement other water systems in Frederick County. Greenway Engineering met with the City of Winchester Public Services Director to discuss the proposed development project and was advised that the City has adequate capacity to serve this project and that the existing 8 - inch water loop provides adequate pressure and fire flow for all commercial land uses within this portion of the County. Therefore, the proposed rezoning can be sufficiently accommodated by public water service through a system with adequate conveyance, capacity, pressure, and fire flow. SITE DRAINAGE The topographic relief on the 0.604±-acre subject property generally follows a southwestern pattern, which directs drainage towards the rear of the property adjacent to the Cracker Barrel site. Greenway Engineering prepared an ALTA Survey for the 0 .604±-acre subject property, which identifies a 20-foot drainage easement on the property that has been improved with a drop inlet and storm sewer line that ties into the overall drainage system constructed during the development of the Cracker Barrel site. This stormwater collection system conveys stormwater to a regional stormwater management facility that was constructed during the development of the Cracker Barrel site; therefore, development of the subject property will utilize this regional facility. Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 9 The 0.604±-acre subject property is exempt from local stormwater quality treatment requirements due to the size of the parcel; therefore, there should be not stormwater management quality measures to mitigate. Greenway Engineering will work with the County Engineer during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to the regional stormwater management facility and to adjoining properties. The stormwater management plan and erosion and sedimentation control plan will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed Express Oil Change & Tire Engineers facility on the 0.604± acre subject property can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4th edition). The Applicant proposes to develop an Express Oil Change & Tire Engineers facility that is approximately 4,850 square feet with 3 service bays and 3 oil change bays ; therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on the development of this facility: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. x 4.85 (4,850 sq.ft./1,000 sq. ft.) AAV = 26.19 cu. yd. at build-out, or 18.33 tons/yr. at build-out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 18.33 tons of solid waste annually on average. This represents a 0.009% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Garber Farm (#34-424) within close proximity of the 0.604±-acre subject property. The Garber Farm was inventoried as part of the overall report; however, the property was not recommended for inclusion on the list of potentially significant properties in the final report. The Garber Farm has been Greenway Engineering August 15, 2016 Express Oil & Tire Engineers Rezoning File #3484E Impact Analysis Statement/EAW 10 subdivided into multiple properties, which are developed as commercial and residential land uses along Garber Lane (Route 763), and as commercial land uses along Front Royal Pike (US Route 522 South). The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies t he 0.604±-acre subject property as being located within the First Winchester study area boundary, and within close proximity of the First Winchester core battlefield area boundary. The final report identifies all land within the study area boundary that is located in the southeastern quadrant of Interstate 81 Exit 313 as having lost integrity due to the existing commercial and residential land use development patterns; as well as the construction of Interstate 81. The development of commercial land use on the 0.604±-acre subject property is consistent with other properties in this area of the County. The Senseny/Eastern Frederick Urban Area Study does not identify this area of the County as historic or as developmentally sensitive area. The proposed rezoning of the property will not create negative impacts associated with historic properties and historic resources. OTHER POTENTIAL IMPACTS The commercial development of the 0.604±-acre subject property will provide new economic development opportunities for Frederick County, which has been determined by the County’s Development Impact Model to be positive in the consideration of fiscal impacts to County Capital Facilities. It is recognized that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant’s Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 0.604±-acre subject property. FRON T R O Y A L P I K E MILL W O O D P I K E FRON T R O Y A L P I K E £¤50 £¤17 §¨¦81 §¨¦81 £¤522 £¤522 rs763 CO S T E L L O D R DELC O P L Z GA R B E R L N Virginia Geographic Information Network (VGIN) Map Data Source: Frederick County, Va. GIS Department, 2016 Data; 2015 Aerial Photos Courtesy of VGIN/VITA (http://gismaps.vita.virginia.gov/arcgis/rest/services VBMP2015/VBMP2015_WGS); Greenway Engineering AE R I A L O V E R V I E W SH A W N E E M A G I S T E R I A L D I S T R I C T EX P R E S S O I L C H A N G E & T I R E E N G I N E E R S FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 6 - 0 7 - 2 8 PR O J E C T I D : 3 4 8 4 E DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 2 0 0 F e e t Legend TM 64-A-1F Parcel Boundary Winchester City Limits 200 0 200 Feet µ EX P R E S S O I L C H A N G E & T I R E E N G I N E E R S RE Z O N I N G AE R I A L O V E R V I E W RE Z O N I N G F R O N T R O Y A L P I K E MILLWOOD PIKE F R O N T R O Y A L P I K E £¤50 £¤17 §¨¦81 §¨¦81 £¤522 £¤522 rs795 rs797 rs763 COSTELLO DR P R I C E D R T U L A N E D R H A R V A R D D R PRINCETON DR WINDY HILL LN DELCO PLZ G A R B E R L N R Y C O L N Map D ata Source: Frederick County, Va. GIS Department, 2016 Data; Greenway Engineering Z O N I N G A N D L O C A T I O N M A P S H A W N E E M A G I S T E R I A L D I S T R I C T E X P R E S S O I L C H A N G E & T I R E E N G I N E E R S F R E D E R I C K C O U N T Y , V I R G I N I A D A T E : 2 0 1 6 -0 7 -2 8 P R O J E C T I D : 3 4 8 4 E D E S I G N E D B Y : D W E S C A L E : 1 I n c h = 3 0 0 F e e t Le gend TM 6 4-A-1 F Pa rce l Bou ndary Winche ster City L imits Frederick Co unty Z oning B2 (Busine ss, G en era l Distrist) B3 (Busine ss, Ind ustrial Transitio n District) HE (Highe r Educa tion Dis trict) M2 (In du strial, G e nera l District) RA (R ura l Area D istrict) RP (Re sid ential, Pe rfo rman ce Distr ict) 300 0 300 Feet µ E X P R E S S O I L C H A N G E & T I R E E N G I N E E R S R E Z O N I N G Z O N I N G A N D L O C A T I O N M A P R E Z O N I N G SITE Winc hes ter £¤50 £¤17 §¨¦81 £¤11 ËÊ37 ËÊ37 £¤522 £¤522 ËÊ7 LOCATION MAP 8 in. 12 in . 8 in. 6 in. 8 in. 6 i n . 8 in. 8 in. 8 in. 8 in . 6 in. 12 i n . 1 5 i n . 10 in. 4 in . 8 in. 1 0 i n . 8 i n . 8 i n . 8 in. 4 in.6 i n . 12 i n . 8 i n . 8 in . 8 in. 10 in. 8 in. 8 i n . 8 in. 12 i n . 15 in. 8 in. 8 in. 8 i n . 8 in. 8 i n . 8 in. 6 in. 8 in. 8 in. 8 in. 8 in. 8 in . 12 in. 8 i n . 12 in. 10 i n . 6 in . 2 in. 8 in. 4 in. 12 i n . 14 in . 16 in. 10 in . 6 in. 6 in . 8 in . 6 in. 8 in. 8 in. 4 i n . 8 i n . 8 i n . 6 i n . 6 in. 8 i n . 12 i n . 4 in. 6 in . 8 in . 12 in. 6 i n . 4 in. 8 in. 16 in . 8 in . 8 in . 6 in. 6 i n . 16 i n . 6 in. 6 in. 2 in. 6 i n . 8 i n . 6 in. 6 in. 6 i n . 8 i n . 8 in. 6 in. 6 i n . 12 i n . 6 in . 8 in. 2 i n . 12 i n . 8 in. 6 in. 8 in .8 in. 8 in . 6 i n . 4 i n . 12 in.8 in. 6 in. 10 i n . 8 i n . 6 in. 8 i n . 8 i n . 8 i n . 8 i n . 8 i n . 8 i n . 8 i n . 8 in . 8 in. 8 in. 8 in. 16 in. 8 i n . 12 in. 6 i n . 10 in. 6 in. 8 in . 8 in . 10 in. 6 in. 12 i n . 12 in. 8 i n . 8 in. 6 in . 6 in. 6 in . 8 in . 8 in. 8 i n . 1 2 i n . 6 in . 16 in. 8 in . 8 i n . 1 2 i n . 6 in. MALL RD LEGGE B L V D E JUB A L E A R L Y D R FR O N T A G E R D MI L L W O O D A V E E JUBAL EARLY DR FRO N T R O Y A L P I K E MILL W O O D P I K E FRON T R O Y A L P I K E £¤50 §¨¦81 §¨¦81 £¤522 £¤522 rs781 rs795rs797 rs796 rs763 P E M B R I D G E D R COS T E L L O D R Y A L E D R ETNA M S T PRIN C E F R E D E R I C K D R PU R D U E D R K E S W I C K C T HARVARD DR PR I C E D R TU L A N E D R LUDLO W D R WINDY HILL LN MAR G A T E C T Map Data Source: Frederick County, Va. GIS Department 2016 Data; City of Winchester GIS Department 2016 Data; FCSA Water & Sewer Courtesy of FCSA, January 2016; Greenway Engineering WA T E R - S E W E R - S W S A - U D A M A P SH A W N E E M A G I S T E R I A L D I S T R I C T EX P R E S S O I L C H A N G E & T I R E E N G I N E E R S FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 6 - 0 7 - 2 8 PR O J E C T I D : 3 4 8 4 E DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 5 0 0 F e e t Legend TM 64-A-1F Parcel Boundary Winchester City Limits Sewer-Water Service Area (SWSA) Urban Development Area (UDA) Water Line (City) Sewer Line (City) Water Line (FCSA) Sewer Line (FCSA) 500 0 500 Feet µ EX P R E S S O I L C H A N G E & T I R E E N G I N E E R S RE Z O N I N G WA T E R - S E W E R - S W S A - U D A M A P RE Z O N I N G NOTE:Parcel 64-A-1F is inside boththe SWSA and the UDA. 700 725 700 700 7 2 5 7 0 0 700 7 2 5 7 2 5 700 A b r a m s C r e e k 7 0 0 6 7 5 725 7 2 5 7 0 0 7 0 0 67 5 7 2 5 6 7 5 7 0 0 675 6 7 5 F R O N T R O Y A L P I K E MILLWOOD PIKE F R O N T R O Y A L P I K E £¤50 £¤17 §¨¦81 §¨¦81 7 2 5 7 0 0 7 0 0 7 0 0 7 2 5 7 0 0 700 7 2 5 725 7 2 5 £¤522 £¤522 rs795 rs797 rs763 COSTELLO DR P R I C E D R T U L A N E D R H A R V A R D D R PRINCETON DR WINDY HILL LN DELCO PLZ G A R B E R L N R Y C O L N Map D ata Source: Frederick County, Va. GIS Department, 2016 Data; U.S. Fish & Wildlife Service (National Wetlands Inventory: https://www.fws.gov/wetlands/Data/Data-Download.html); Greenway Engineering E N V I R O N M E N T A L F E A T U R E S M A P S H A W N E E M A G I S T E R I A L D I S T R I C T E X P R E S S O I L C H A N G E & T I R E E N G I N E E R S F R E D E R I C K C O U N T Y , V I R G I N I A D A T E : 2 0 1 6 -0 7 -2 8 P R O J E C T I D : 3 4 8 4 E D E S I G N E D B Y : D W E S C A L E : 1 I n c h = 3 0 0 F e e t Le gend TM 6 4-A-1 F Pa rce l Bou ndary Winche ster City L imits Lake or Pon d Wetlan d (N WI) 100 Year Floodp lain Stream 5 Foot Intermediate Contours 25 Foot Index Contours 300 0 300 Feet µ E X P R E S S O I L C H A N G E & T I R E E N G I N E E R S R E Z O N I N G E N V I R O N M E N T A L F E A T U R E S M A P R E Z O N I N G 3C 3B F R O N T R O Y A L P I K EFRON T R O Y A L P I K E §¨¦81 §¨¦81 £¤522 £¤522 Map D ata Source: Frederick County, Va. GIS Department, 2016 Data; Greenway Engineering S O I L S M A P S H A W N E E M A G I S T E R I A L D I S T R I C T E X P R E S S O I L C H A N G E & T I R E E N G I N E E R S F R E D E R I C K C O U N T Y , V I R G I N I A D A T E : 2 0 1 6 -0 7 -2 8 P R O J E C T I D : 3 4 8 4 E D E S I G N E D B Y : D W E S C A L E : 1 I n c h = 1 0 0 F e e t Le gend TM 6 4-A-1 F Pa rce l Bou ndary Winche ster City L imits NRCS Soils 3B:B LAIRTON SILT LOA M, 2 TO 7 P ERCE NT SLO PES 3C:B LAIRTON SILT LO AM, 7 TO 15 PERC ENT SLO PES 100 0 100 Feet µ E X P R E S S O I L C H A N G E & T I R E E N G I N E E R S R E Z O N I N G S O I L S M A P R E Z O N I N G m m mmmmmmmmm mmmm m m m m m !à!à !à !à !à !à !à !à !à !à!à !à !à !à!à !à !à!à!à !à!à !à !à !à!à !à !à !à !à !à !à !à !à !à !à !à!à!à !à !à !à!à !à !à !à !à !à !à !à !à!à !à !à !à !à !à !à !à !à !à !à [e [e[e[e[e [e[e[e[e [e [e [e[e [e [e[e[e [e [e[e[e [e[e [e [e [e[e [e [e[e[e[e [e [e [e [e [e [e [e [e [e[e[e[e[e[e[e[e [e [e [e [e [e[e [e [e [e [e [e[e [e[e[e [e [e[e[e [e[e[e[e[e [e [e [e [e [e [e [e [e [e [e[e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e[e [e [e [e[e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e[e[e[e[e[e[e[e [e [e [e [e[e[e[e [e[e [e [e [e [e [e [e [e [e [e [e [e [e[e[e[e[e [e [e[e [e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e[e [e[e [e[e [e[e [e [e [e[e [e [e [e [e[e [e[e[e[e [e [e [e [e [e[e [e[e[e [e[e [e [e [e [e [e [e [e [e [e [e [e [e[e [e [e [e[e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e[e[e [e [e [e [e [e[e [e [e [e [e [e [e [e[e [e [e [e[e[e[e[e[e [e[e [e [e[e [e [e [e [e [e [e[e[e [e [e [e [e[e[e [e [e [e [e [e [e [e [e[e [e [e[e [e[e[e [e [e [e [e [e [e[e [e [e [e [e L E G G E B L V D M A L L R D P A P E R M I L L R D S P L E A S A N T V A L L E Y R D S L O U D O U N S T W JUBAL EARLY DR ADAMS DR E J U B A L E A R LY D R WEEMS LN E TEVIS ST F R O N T A G E R D PATSY CLINE BLVD M I L L W O O D A V E A P P L E B L O S S O M D R MILLW O O D AVE A D A M S D R E JUBAL EARLY DR S P L E A S A N T V A L L E Y R D S P L E A S A N T V A L L E Y R D MILL W O O D AV E 34-424 Garber Farm First Winchester Third Winchester Second Kernstown F R O N T R O Y A L P I K E MILLWOOD PIKE F R O N T R O Y A L P I K E §¨¦81 §¨¦81 £¤522 rs776 rs781 rs795 rs778 rs782 rs657 rs797 rs796 rs780rs763 D A R B Y D R P E M B R I D G E D R COSTELLO DR K I N R O S S D R Y A L E D R D E W B E R R Y D R F L A N A G A N D R O A K R I D G E L N E T N A M S T CUSTER AVE SENSENY RD P R I N C E F R E D E R I C K D R PRINCETON DR H U NTERSRID GE R D COVERSTONE DR K E S W I C K C T I N V E R L E E W A Y H A R V A R D D R KILLA N E Y CT FAIRFIELD DR B R A M B L E C T P R I C E D R L U D L O W D R ORKNEY DR TEY CT WINDY HILL LN M A R G A T E C T D O N E G A L C T STANLEY CIR D U N E R C T Map D ata Source: Frederick County, Va. GIS Department, 2016 Data; Greenway Engineering H I S T O R I C F E A T U R E S M A P S H A W N E E M A G I S T E R I A L D I S T R I C T E X P R E S S O I L C H A N G E & T I R E E N G I N E E R S F R E D E R I C K C O U N T Y , V I R G I N I A D A T E : 2 0 1 6 -0 7 -2 8 P R O J E C T I D : 3 4 8 4 E D E S I G N E D B Y : D W E S C A L E : 1 I n c h = 8 0 0 F e e t Le gend TM 6 4-A-1 F Pa rce l Bou ndary Winche ster City L imits Ý Cemete ries [e Rural_L andmarks !à CWCamps m CWForts Civil War Battl efi elds First Winchester Third Winchester Second Kern stown 800 0 800 Feet µ E X P R E S S O I L C H A N G E & T I R E E N G I N E E R S R E Z O N I N G H I S T O R I C F E A T U R E S M A P R E Z O N I N G C REZONING APPLICATION #01-17 DMJ HOLDING, L.L.C. Staff Report for the Planning Commission Prepared: February 6, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To revise proffers associated with Rezoning #05-09. This minor proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This minor proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through would max out the hourly trip cap which would leave the remainder of the property undevelopable. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning # 01-17 DMJ Holdings, LLC February 6, 2017 Page 2 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: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To revise proffers associated with Rezoning #05-09. This minor proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20 PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: B2 (General Business) Use: Commercial Car Lot East: B2 (General Business) Use: Vacant West: RP (Residential Performance) Use: Residential Rezoning # 01-17 DMJ Holdings, LLC February 6, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Our District Planning Section has reviewed the DMJ Holdings, LLC Rezoning and Proffer Amendment and offer the following recommendations: The rezoning application for the DMJ Holdings LLC Proffer Amendment dated August 15, 2016 generally utilized the previously approved proffers with minor edits to permit fast food restaurant with drive through use on the property. The transportation improvements proffers as developed from the recommendations of the previously submitted TIA in 2009 have been maintained with the Proffer #2 “Limitation of Future Development”, which is unchanged from the originally approved proffers, set a property development cap of 200 site generated trips per hour during any hour of the day (based on ITE trip rates). The proposed fast food with drive through lane use (ITE code 934) with a 4,000 square feet gross floor area will exceed this cap in the AM peak hour of the generator. Therefore, as the proffers are currently written, if the proposed fast food land use is developed, the remainder of the property will be undevelopable in the future. Please advise. Should the Applicant choose to revise the proffers to permit additional development of the property, given the age of the original TIA and change in development intensity, VDOT Staunton District Planning recommends the preparation of an updated TIA to support the proffer amendment. During the June 28, meeting between VDOT and the developer/property owner at the Edinburg Residency, coordination with the adjacent property owner (additional B2 zoning) to realign/improve Custer Avenue and Pembridge Avenue in order to improve access opportunities to the commercially zoning properties was discussed. Did this outreach take place and were improvements considered? Frederick County Attorney: Please see attached letter from Roderick B. Williams, County Attorney, dated September 12, 2016. Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the County’s Zoning Ordinance. On October 14, 2009 the Board of Supervisors approved Rezoning #05-09 which rezoned the properties to the B2 (General Business) District with proffers. 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 Rezoning # 01-17 DMJ Holdings, LLC February 6, 2017 Page 4 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. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Transportation and Access. Site access is proposed to be provided from two locations. Primary access to the site is via Route 50 and a secondary access point is proposed to be provided from Route 781 (Custer Avenue) via a modified commercial entrance onto Route 781 generally using the existing right- of-way across the properties frontage. The Route 50 entrance would be in the form of a right in right out only entrance, the Route 781 entrance would be right in only. Staff would note that the proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. VDOT has expressed concern that a fast food restaurant with a drive thru would max out the hour trip cap which would leave the remainder of the property undevelopable. 3) Proffer Statement – Dated March 24, 2009; revised December 6, 2016: 1. Generalized Development Plan (unchanged) Proffers 2-8 remain unchanged 9. The Owner agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car washes 2. Fast food restaurants with drive through service window (removed) 3. Automotive dealers with outdoor display and gasoline service stations 4. Model home sales offices 5. Amusement and recreational services operated outdoors 6. Self-storage storage facilities 7. Adult retail Proffer 10 remains unchanged Rezoning # 01-17 DMJ Holdings, LLC February 6, 2017 Page 5 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This minor proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through would max out the hourly trip cap which would leave the remainder of the property undevelopable. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 64A 416A 64A 4 18 64A 4 19 64A 4 20 64A 4 17 64A 4 16 1230MILLWOODPIKE 1230MILLWOODPIKE 1191MILLWOODPIKE 1181MILLWOODPIKE 130ETNAM ST 1173MILLWOODPIKE 128ETNAM ST 126ETNAM ST 107CLARENDON CT 105CLARENDON CT 127ETNAM ST 106CLARENDON CT 124ETNAM ST 106PURDUE DR 125ETNAM ST 104CLARENDON CT 103CLARENDON CT 122ETNAM ST 123ETNAM ST 102CLARENDON CT E T N A M S T MILLW O O D P I K E Applications Parcels Sewer and Water Service Area Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 10, 2017Staff: cperkins MILLW O O D P I K E E T N A M S T RYC O L N CUSTER AVE F L A N A G A N D R P E M B R I D G E D R PUR D U E D R PRINC E T O N D R PRIN C E F R E D E R I C K D R 0150 REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 1764A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer Amendment 0 100 20050 Feet REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 17,64A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer Amendment REZ #01-17 REZ #01-17 REZ #01-170150 REZ #01-17 REZ #01-17 REZ #01-17 64A 416A 64A 4 18 64A 4 19 64A 4 20 64A 4 17 64A 4 16 1230MILLWOODPIKE 1230MILLWOODPIKE 1191MILLWOODPIKE 1181MILLWOODPIKE 130ETNAM ST 1173MILLWOODPIKE 128ETNAM ST 126ETNAM ST 107CLARENDON CT 105CLARENDON CT 127ETNAM ST 106CLARENDON CT 124ETNAM ST 106PURDUE DR 125ETNAM ST 104CLARENDON CT 103CLARENDON CT 122ETNAM ST 123ETNAM ST 102CLARENDON CT E T N A M S T MILLW O O D P I K E Applications Parcels Sewer and Water Service Area Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 10, 2017Staff: cperkins MILLW O O D P I K E E T N A M S T RYC O L N CUSTER AVE F L A N A G A N D R P E M B R I D G E D R PUR D U E D R PRINC E T O N D R PRIN C E F R E D E R I C K D R 0150 REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 1764A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer Amendment 0 100 20050 Feet REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 17,64A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer Amendment REZ #01-17 REZ #01-17 REZ #01-170150 REZ #01-17 REZ #01-17 REZ #01-17 64A 4 20 64A 416A 64A 4 18 64A 4 19 64A 4 17 64A 4 16 1230MILLWOODPIKE147RYCO LN 1160MILLWOODPIKE 1186MILLWOODPIKE 1191MILLWOODPIKE 1181MILLWOODPIKE 1173MILLWOODPIKE 130ETNAM ST 128ETNAM ST 1163MILLWOODPIKE 107CLARENDON CT 126ETNAM ST 131ETNAM ST 105CLARENDON CT 127ETNAM ST 106CLARENDON CT 124ETNAM ST 106PURDUE DR 125ETNAM ST 104CLARENDON CT 103CLARENDON CT 122ETNAM ST 123ETNAM ST 102CLARENDON CT 115PEMBRIDGE DR E T N A M S T MILLW O O D P I K E Applications Parcels Sewer and Water Service Area Building Footprints Long Range Land Use Residential Neighborhood Village Urban Center Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Historic Institutional Planned Unit Development Park Recreation School Employment Airport Support Area B2 / B3 Residential, 4 u/a High-Density Residential, 6 u/a High-Density Residential, 12-16 u/a Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 10, 2017Staff: cperkins MILLW O O D P I K E E T N A M S T RYC O L N CUSTER AVE F L A N A G A N D R P E M B R I D G E D R PUR D U E D R PRINC E T O N D R PRIN C E F R E D E R I C K D R 0150 REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 1764A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer Amendment 0 130 26065 Feet REZ # 01 - 17DMJ Holdings, LLCPINs:64A - 4 - 16, 64A - 4 - 16A, 64A - 4 - 17,64A - 4 - 18, 64A - 4 - 19, 64A - 4 - 20Proffer Amendment REZ #01-17 REZ #01-17 REZ #01-17 0150 REZ #01-17REZ #01-17 REZ #01-17 D MASTER DEVELOPMENT PLAN #01-17 Freedom Manor Staff Report for the Planning Commission Prepared: February 6, 2017 Staff Contact: M. Tyler Klein, AICP, 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To develop 47 acres of land zoned RP (Residential Performance) District with 90 single- family detached clustered units and 100 single-family attached (townhome) units (total density of 5.47 units/acre). This Master Development Plan (MDP) also included proffered improvements including site access, connectivity, recreational units and amenities. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-19, 64-A-20, and 64-A-23 LOCATION: The properties are located east and adjacent to Papermill Road (Route 644) and approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644). PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) Use: Vacant (Madison Village) RA (Rural Areas) Vacant/Agricultural South: RA (Rural Areas) Use: Shenandoah Memorial Park East: RP (Residential Performance) Use: Residential RA (Rural Areas) Residential West: RA (Rural Areas) Use: Residential/Vacant/Agricultural STAFF CONCLUSIONS FOR THE 02/15/17 PLANNING COMMISSION MEETING: The Master Development Plan for Freedom Manor appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. This MDP is also in conformance with the proffers for the approved Rezoning #11-15. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. MDP #01-17 Freedom Manor February 6, 2017 Page 2 It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review has been conducted for the Freedom Manor Master Development Plan dated June 8, 2016, received in this office on June 27, 2016. We have no objection to the Master Plan and find it acceptable. Please provide a signed set of drawing in electronic pdf format for our records. We look forward to the opportunity to review the project in further detail, during the Site Plan submission process. Frederick County Fire Marshal: Plans approved. Frederick County Public Works: Your letter dated December 5, 2016 and corresponding revised plans have adequately addressed our previous review comments dated August 8, 2016. It should be noted that we will comment on the stormwater management plan for the entir e development at the time of the site plan submittal. We will expect that quality as well as quantity will be addressed in the design of the stormwater plan for the proposed development. Frederick County Inspections: No comments required at this time, shall comment on site plan review. Frederick County Parks and Recreation: Plan appears to meet Parks and Recreation requirements. Virginia Department of Health: Health Department has no objection so long as there is no negative impact to wells or drainfields. Frederick County Public School: We offer no comments at this time. Frederick County GIS: The revised road names are accepted as designed. Planning & Zoning: A) Master Development Plan Requirement A Master Development Plan is required prior to development of this property. Before a MDP can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the MDP conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the MDP is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re-mapped from R-1 to A- MDP #01-17 Freedom Manor February 6, 2017 Page 3 2 (Agricultural General) pursuant to the County’s comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County’s agricultural zoning districts were subsequently 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. Parcel 64-A-19 and a portion of parcel 64-A-20 were originally slated to be part of the Westwood Subdivision (Section B) and appear to retain their R-1/RP zoning designation. In 2002, Rezoning #07-02, Doris F. Casey, was submitted to the County for a request for the development of 70 single family detached residential lots on 30.31 acres with access being via Route 522. At that time, the property had frontage on Route 522. Ultimately, the Board of Supervisors denied Rezoning #07-02 on December 17, 2002. On August 20, 2003 a Minor Rural Subdivision (Family Division) was approved creating the 26.87 acre parcel for PIN 64-A-23. On September 14, 2005 the Board of Supervisors approved Rezoning #09-05 of Freedom Manor which rezoned parcel 64-A-23 from the RA District to the RP District with proffers. This rezoning was approved for 70 single-family dwellings on 26.87 acres of land. In 2015, Rezoning #11-15, Freedom Manor, was submitted to the County to request rezoning of 33.6819 acres from the RP (Residential Performance) District and 13.8596 from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. This application would enable the construction of up to 300 residential units. The Board of Supervisors approved Rezoning #11-15 on December 30, 2015. C) Site Suitability & Project Scope Comprehensive Plan: 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. Land Use Compatibility: The parcels comprising this MDP Application are located within the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA defines the general area in which more intensive forms of residential development will occur. In addition, the Freedom Manor Development is located within the Senseny/Eastern Frederick Urban Area Plan of the 2030 Comprehensive Plan. The Senseny/Eastern Frederick Urban Area Plan designates the area where this site is located with a residential land use (4 units per acre density) and a high-density residential land use (12-16 units per acre). Per the approved rezoning, Phase I of the project consists of approximately 34 acres and is limited to 100 single-family detached residential units (or a maximum 6 units/acre). Phase II of the project consists of approximately 13.5 acres and is limited to a maximum of 200 single- family attached or multi-family units (or a maximum of 10 units/acre). The MDP depicts 100 single-family detached units (proposed density at 3.28 units/acre) and 90 single-family attached MDP #01-17 Freedom Manor February 6, 2017 Page 4 townhome units (proposed density at 7.65 units/acre). The proposed unit mix is under the approved totals for each unit type. Site Access and Transportation: Access, as shown on the MDP, will be provided to the site via a roundabout intersection with Papermill Road and will be constructed by the Applicant, and access through inter-parcel connections to the northwest through the Madison Village Development. The transportation network also includes a 10’ pedestrian trail along Papermill Road and Davis Drive (also connecting into Madison Village) and the internal public roads shown on the GDP and a trail that runs the length of the common boundary with the Shenandoah Memorial Park. STAFF CONCLUSIONS FOR THE 02/15/17 PLANNING COMMISSION MEETING: The Master Development Plan for Freedom Manor, LLC is consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance, and this MDP is in a form that is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. SOUTHVIEWSubdivision GLAZEDEVELOPMENTSubdivision WESTWOODSubdivision CHAPEL HILLSubdivision BUFFLICKHEIGHTSSubdivision 01522 ST644 64 A 25 64 A 24 64 3 A 64 A 35 64 A 36 64 3 A1 64D 4 7 64D 4 6 64D4 5 64 A 23 64D4 4 64 A 23A 64D4 3 64D4 1 64D4 2 64 2 D 63D2 15 63D 2 17 64D A 30 64 2 D263D2 13 63 A 146 63D2 963D2 11 63D 2 14 64D 81 1A 63D 1 7 63D 2 12 63D2 863D2 10 64 A 19 64D 1B A 64D 2A 6 64D2 A 5 64D 2A 4 64D2 A 3 64D 2 2 64D 2A 1 64D A 28 64D A 27 64D8 1 1 64D 81 2 63D 1 5 63D 1 6 63D 1 3 63D 1 4 63 A 145 64 A 20 64D 2A 7 64D2 A 15 64D A 23 64D A 24 64D A 25 64D A 26 64D 81 86A 64D 81 86 64D 81 85 63D 1 2 64 A21A 64D2 A 8 64D 2A 14 64D 3 A 64D 3 B 64D A 21 64DA 22 64D A 20 64D 81 69 63 A146A 64D 2A 9 64D2 A 13 64D A 19 64D 81 70 64D 2A 10 64D 2A 11 64D 2A 12 64D A 16 64D A 18 64D 81 68 64D A 15 64D A 12 64D A 17 64 2 C 64D 81 67 64D 81 66 64D A 10 64 2 A2 64 2 B2 63 A 124 64D A 14 64D A 8 64D A 9 64 2 A1 64 2 A3 64 A 18 64D A 7 64D A 6 64D A 5 64 2 A 64 2 A3 64D A 364D A 4 64 A 18A 64 A 41 64 A 42 64D A 2 64D A 1 64C 2 1 64 A 43 64 A 44 W E S T W O O D C I R HARRISO N L N BENTLEYAVE WESTWOOD DR F R O N T R O Y A L P I K E P A P E R M I L L R D Applications Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 10, 2017Staff: tklein Winchester P A P E R M I L L R D F R O N T R O Y A L P I K E EVENDALE LN VINE LN JUSTES DR CALDW E L L L N BENTLE Y A V E LAURELWOOD DR LONGCROFT RD MDP # 01 - 17Freedom ManorPINs:64 - A - 19, 64 - A - 20, 64 - A - 23 0 420 840210 Feet MDP # 01 - 17Freedom ManorPINs:64 - A - 19, 64 - A - 20, 64 - A - 23 MDP #01-17 MDP #01-17 MDP #01-17 SOUTHVIEWSubdivision GLAZEDEVELOPMENTSubdivision WESTWOODSubdivision CHAPEL HILLSubdivision BUFFLICKHEIGHTSSubdivision 01522 ST644 64 A 25 64 A 24 64 3 A 64 A 35 64 A 36 64 3 A1 64D 4 7 64D 4 6 64D4 5 64 A 23 64D4 4 64 A 23A 64D4 3 64D4 1 64D4 2 64 2 D 63D2 15 63D 2 17 64D A 30 64 2 D263D2 13 63 A 146 63D2 963D2 11 63D 2 14 64D 81 1A 63D 1 7 63D 2 12 63D2 863D2 10 64 A 19 64D 1B A 64D 2A 6 64D2 A 5 64D 2A 4 64D2 A 3 64D 2 2 64D 2A 1 64D A 28 64D A 27 64D8 1 1 64D 81 2 63D 1 5 63D 1 6 63D 1 3 63D 1 4 63 A 145 64 A 20 64D 2A 7 64D2 A 15 64D A 23 64D A 24 64D A 25 64D A 26 64D 81 86A 64D 81 86 64D 81 85 63D 1 2 64 A21A 64D2 A 8 64D 2A 14 64D 3 A 64D 3 B 64D A 21 64DA 22 64D A 20 64D 81 69 63 A146A 64D 2A 9 64D2 A 13 64D A 19 64D 81 70 64D 2A 10 64D 2A 11 64D 2A 12 64D A 16 64D A 18 64D 81 68 64D A 15 64D A 12 64D A 17 64 2 C 64D 81 67 64D 81 66 64D A 10 64 2 A2 64 2 B2 63 A 124 64D A 14 64D A 8 64D A 9 64 2 A1 64 2 A3 64 A 18 64D A 7 64D A 6 64D A 5 64 2 A 64 2 A3 64D A 364D A 4 64 A 18A 64 A 41 64 A 42 64D A 2 64D A 1 64C 2 1 64 A 43 64 A 44 W E S T W O O D C I R HARRISO N L N BENTLEYAVE WESTWOOD DR F R O N T R O Y A L P I K E P A P E R M I L L R D Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 10, 2017Staff: tklein Winchester P A P E R M I L L R D F R O N T R O Y A L P I K E EVENDALE LN VINE LN JUSTES DR CALDW E L L L N BENTLE Y A V E LAURELWOOD DR LONGCROFT RD MDP # 01 - 17Freedom ManorPINs:64 - A - 19, 64 - A - 20, 64 - A - 23 0 420 840210 Feet MDP # 01 - 17Freedom ManorPINs:64 - A - 19, 64 - A - 20, 64 - A - 23 MDP #01-17 MDP #01-17 MDP #01-17 E MASTER DEVELOPMENT PLAN #03-17 Southern Hills Phase II Staff Report for the Planning Commission Prepared: February 6, 2017 Staff Contact: M. Tyler Klein, AICP, 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To develop 37.79 acres of land zoned RP (Residential Performance) District with 130 single-family detached (SFD) units. This Master Development (MDP) also includes 2.56 acres of land zoned B2 (General Business) District of right-of-way reservation for a future major collector road (Southern Warrior Drive Extension). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 85D-1-1-95 LOCATION: The site is located east of Town Run Lane (Route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane. PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant B2 (General Business) ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: B2 (General Business) Use: Vacant South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Vacant/Open Space West: RA (Rural Areas) Use: Vacant/Agricultural STAFF CONCLUSIONS FOR THE 02/15/17 PLANNING COMMISSION MEETING: The Master Development Plan for Southern Hills – Phase II appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for the approved Rezoning #11-16. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MDP #03-17 Southern Hills Phase II February 6, 2017 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review has been conducted for the Southern Hills Phase II Master Development Plan with a revision date of January 4, 2017. Based off the review of the submittal, the requested “MDP” meets our minimum requirements and therefore is approved by our office. We offer the following general comments: Our review and comments are general in nature. Should details be overlooked during the review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department. Frederick County Fire Marshal: MDP approved provided hydrant locations complies with Frederick County Codes which can be viewed online and fire apparatus access complies with the 2012 Fire Prevention Code. Frederick County Public Works: Indicate the limits and topography at the soil stock pile located at the northern end at Westchester Drive. The contours shown on the proposed master plan do not reflect the existing topographic conditions. Frederick County Inspections: No comments required at this time. Comments will be made at time of subdivision lot review. Frederick County Parks and Recreation: Plan appears to meet Parks and Recreation requirements. Frederick County Sanitation Authority: Approved. Frederick County Public School: We have reviewed the Southern Hills Phase II Master Development Plans submitted to us on November 30, 2016. We offer no comments. Frederick County GIS: I have reviewed the changes you have made to the street suffixes as requested in our comments dated December 9, 2017. The revisions you have made have been accepted. The street names “Nathan Dr” and “Savannah Way” are approved for use in the Southern Hills Subdivision as shown on this design plan. No more revisions are required at this time; however, should the road layout be altered please resubmit plans to our office for suffix revision comments. Town of Stephens City: No impact to Town of Stephens City. Planning & Zoning: A) Master Development Plan Requirement A Master Development Plan (MDP) is required prior to development of this property. Before an MDP can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the MDP conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the MDP is to promote orderly and planned development of property within MDP #03-17 Southern Hills Phase II February 6, 2017 Page 3 Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History On July 11, 2001, the Board of Supervisors approved Rezoning #01-01 to rezone 105 acres from RA (Rural Areas) District to RP (Residential Performance) District to enable the construction of 250 single-family residential lots. Frederick County administratively approved MDP #09-03 on June 28, 2004 for the Southern Hills project which enabled the subdivision of the project. The Phase I subdivision final plats for the creation of 95 single- family residential lots was approved on June 16, 2006. Revised MDP #16-06 for Phase I was approved in February 2007 for up to 88 single-family detached (SFD) and 232 single- family attached (SFA) residential uses and commercial uses. In 2016, Rezoning #11-16, Southern Hills – Phase II, was submitted to the proffers associated with Rezoning #22-06 for 40.36 acres (37.79 acres of Residential Performance and 2.57 acres of General Business) Zoning Districts to allow for the construction of up to 130 single-family detached (SFD) units. This requested rezoning changed the housing type mix to include only SFD units and decrease the total units by 102. The Board of Supervisors approved Rezoning #11-16 on November 9, 2016. C) Site Suitability & Project Scope Comprehensive 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. Land Use Compatibility: The South Frederick Area Plan of the Comprehensive Plan identifies this property with residential and commercial land use designations. The current RP (Residential Performance) and B2 (General Business) Districts zoning designations are supported by the Comprehensive Plan. The Master Development Plan for Phase II is generally consistent with the original Master Development Plan in terms of area of development and limits of disturbance and the approved proffers with the most recent Rezoning #11-16. Phase II of the project will be developed in a manner that provides areas of open space preservation and active recreational land uses consistent with the original Master Development Plan. The Ewing Family Cemetery is incorporated into the design of the MDP and access is provided consistent with the proffer addressing this feature. The inclusion of the right-of-way dedication for the extension of Warrior Drive is located correctly. Adjacent to the future right-of-way, the MDP provides for the appropriate buffering, screening. MDP #03-17 Southern Hills Phase II February 6, 2017 Page 4 Site Access and Transportation: Access, as shown on the MDP, will be provided to the site via an access drive from Town Run Lane (VA Route 1012), and will connect Southern Hills – Phase I to the south via Westchester Drive. Sidewalks will be included on either side of the internal streets for pedestrian connectivity within the development, and a 10’ trail along Town Run Lane. The Southern Frederick Area Plan depicts a new minor arterial road which is located within the commercial portion of Southern Hills – Phase II. The right-of-way for the new arterial (the future Southern Warrior Drive Extension) is reserved as shown on the MDP. STAFF CONCLUSIONS FOR THE 02/15/17 PLANNING COMMISSION MEETING: The Master Development Plan for Southern Hills – Phase II appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for the approved Rezoning #11-16. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. SOUTHERNHILLSSubdivision MEADOWSEDGESubdivision STEPHENS RIDGESubdivision §¨¦81 §¨¦81 ST1012 ST1012 85 A 60 85 A 134 85 A137D85 A137C 85D 1 195A 85D1 1 13 85D 11 14 85D 11 15 85D 11 16 85D 11 17 85D 11 18 85D 11 19 85D 11 20 85D 11 21 85D 11 22 85D 11 23 85D 11 24 85D 11 25 85D 11 26 85 A 139 85D 11 11 85D 11 12 85 A 140 85 A137E 85D1 1 9 85D 11 10 85 A 137 85D1 1 685D1 1 7 85D1 1 8 85D1 1 51 85D1 1 52 85D 11 50 85D 11 49 85D 11 48 85D 11 47 85D 11 46 85D 11 31 85D 11 30 85D 11 29 85D 11 28 85D1 1 27 85D1 1 485D1 1 5 85D 11 53 85D 11 41 85D 11 42 85D 11 43 85D 11 44 85D 11 45 85D 11 32 85D 11 1 85D1 1 2 85D 11 3 85D 11 66 85D 11 65 85D 11 54 85D1 1 55 85D 11 33 85D1 1 34 85D 11 64 85D1 1 56 85D 11 40 85D 11 39 85D 11 38 85D 11 37 85D 11 36 85D1 1 35 85D 11 95B 85D 11 81 85D 11 80 85D 11 79 85D 11 67 85D1 1 68 85D 11 63 85D 11 95 85D 11 62 85D1 1 57 85D 11 82 85D1 1 78 85D1 1 69 85D 11 59 85D 11 58 85D 11 83 85D1 1 77 85D1 1 70 85D1 1 71 85D 11 61 85D 11 60 85 A 59 85D 11 84 85D 11 85 85D1 1 7585D1 1 76 85D1 1 72 85D 11 86 85D1 1 74 85D1 1 87 85D1 1 73 85D1 1 88 85D 11 95B 85D 11 89 85D 11 90 85D1 1 91 85D 11 92 85 A 141 85 A 141 85D 11 93 85D1 1 94 85 A 138 85 A 142 85 A142A 85 A142A 85E 11 26A 85C 291A 85C 2 90 85C 2 9185C 2 89 85C 249A85C 2 5885C 2 59 85C 2 8585C 2 86 NO R W I C H C T PE A C E A N D PLE N T Y L N WAKEFIELD CT WES T C H E S T E R D R G A R D E N G A T E D R HAYVENHURST CT TO W N R U N L N Applications Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 23, 2017Staff: tklein Stephens City VALL E Y P I K E TOW N R U N L N FAMIL Y D R GARDEN G A T E D R TRU N K D R HAYVENHURST CT C A M P B E L L L N §¨¦81 §¨¦81 MDP # 03 - 17Southern Hills Phase 2PIN:85D - 1 - 1 - 95 0 420 840210 Feet FAIRFAX PIKE MDP # 03 - 17Southern Hills Phase 2PIN:85D - 1 - 1 - 95 MDP #03-17 SOUTHERNHILLSSubdivision MEADOWSEDGESubdivision STEPHENS RIDGESubdivision §¨¦81 §¨¦81 ST1012 ST1012 85 A 60 85 A 134 85 A137D85 A137C 85D 1 195A 85D1 1 13 85D 11 14 85D 11 15 85D 11 16 85D 11 17 85D 11 18 85D 11 19 85D 11 20 85D 11 21 85D 11 22 85D 11 23 85D 11 24 85D 11 25 85D 11 26 85 A 139 85D 11 11 85D 11 12 85 A 140 85 A137E 85D1 1 9 85D 11 10 85 A 137 85D1 1 685D1 1 7 85D1 1 8 85D1 1 51 85D1 1 52 85D 11 50 85D 11 49 85D 11 48 85D 11 47 85D 11 46 85D 11 31 85D 11 30 85D 11 29 85D 11 28 85D1 1 27 85D1 1 485D1 1 5 85D 11 53 85D 11 41 85D 11 42 85D 11 43 85D 11 44 85D 11 45 85D 11 32 85D 11 1 85D1 1 2 85D 11 3 85D 11 66 85D 11 65 85D 11 54 85D1 1 55 85D 11 33 85D1 1 34 85D 11 64 85D1 1 56 85D 11 40 85D 11 39 85D 11 38 85D 11 37 85D 11 36 85D1 1 35 85D 11 95B 85D 11 81 85D 11 80 85D 11 79 85D 11 67 85D1 1 68 85D 11 63 85D 11 95 85D 11 62 85D1 1 57 85D 11 82 85D1 1 78 85D1 1 69 85D 11 59 85D 11 58 85D 11 83 85D1 1 77 85D1 1 70 85D1 1 71 85D 11 61 85D 11 60 85 A 59 85D 11 84 85D 11 85 85D1 1 7585D1 1 76 85D1 1 72 85D 11 86 85D1 1 74 85D1 1 87 85D1 1 73 85D1 1 88 85D 11 95B 85D 11 89 85D 11 90 85D1 1 91 85D 11 92 85 A 141 85 A 141 85D 11 93 85D1 1 94 85 A 138 85 A 142 85 A142A 85 A142A 85E 11 26A 85C 291A 85C 2 90 85C 2 9185C 2 89 85C 249A85C 2 5885C 2 59 85C 2 8585C 2 86 NO R W I C H C T PE A C E A N D PLE N T Y L N WAKEFIELD CT WES T C H E S T E R D R G A R D E N G A T E D R HAYVENHURST CT TO W N R U N L N Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: January 23, 2017Staff: tklein Stephens City VALL E Y P I K E TOW N R U N L N FAMIL Y D R GARDEN G A T E D R TRU N K D R HAYVENHURST CT C A M P B E L L L N §¨¦81 §¨¦81 MDP # 03 - 17Southern Hills Phase 2PIN:85D - 1 - 1 - 95 0 420 840210 Feet FAIRFAX PIKE MDP # 03 - 17Southern Hills Phase 2PIN:85D - 1 - 1 - 95 MDP #03-17 F COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202  Winchester, Virginia 22601-5000 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP - Director RE: 2016 Annual Report presentation DATE: February 7, 2017 At the upcoming Frederick County Planning Commission meeting, staff will present the recently compiled Annual Report of the Planning Department for 2016. Staff will provide an overview of the key facts and figures contained within the report and will be available to answer any additional comments the Commission may have. The Annual Report for 2016 will then be forwarded to the Board of Supervisors. The report will be available on your I-pads following the Planning Commission meeting. Please contact me if you have any questions or would like to provide additional input. MTR/dlw