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PC 04-15-09 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia April 15, 2009 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission shouldadopt the Agenda for the meeting................................................................ (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Conditional Use Permit #01-09 for AT&T and Wesley Helsley, submitted by Dewberry, for a 120 foot Commercial Telecommunications Facility. This property is located at 2042 Martinsburg Pike (Route 11), and is identified with Property Identification Numbers 43-A- 130 and 43-A-132 in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (A) 5) Rezoning 902-09 of The Bishop -Amari Property, submitted by Greenway Engineering, to rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Uses. The property is located in the northeast quadrant of the intersection of Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761), in the Stonewall Magisterial District, and is identified by Property Identification Number 44-A-43. Mr. Ruddy......................................................... 6) Other FILE COPY i CONDITIONAL USE PEWAIT #01-09 Aw�v 041 AT&T AND WESLEY HELSLEY w Staff Report for the Planning Commission w Prepared: April 1, 2009 Staff Contact: Mark R. Cheran, mooning Administrator 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 request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 02/18/09 Postponed at Applicant's Request 03/18/09 Tabled by PC for 28 days 04/15/09 Pending Board of Supervisors: 05/13/09 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit to enable the construction of a 120 -foot lattice type commercial telecommunication facility. Staff would note that the proposed site does not appear to qualify for a lattice -type facility; as such, if a CUP for this site is granted and if the site does not qualify for a lattice -type facility, the CUP is required to be for monopole -type construction. County Code § 165-48.6(B)(2). The site is within and adjacent to the Developmentally Sensitive Area (DSA) designation for historic areas within the Northeast Land Use Plan (NELUP), which further discourages uses that distract from the historical nature of the area. Comprehensive Plan at 6-117. The Planning Commission tabled the CUP for 28 days to give the applicant the opportunity to revise the application, suggesting a monopole -type tower located closer to the FEMA building where trees and buildings could visually shelter the tower and where it would not impact the viewshed of historic battlefields. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. Page 2 Conditional Use Permit #01-09 AT&T and Wesley Helsley April 1, 2009 LOCATION: This property is located at 2042 Martinsburg Pike (Route 11). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-130 and 43-A-132 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Church East: RP (Residential Performance) Land Use: Residential West: RP (Residential Performance) Land Use: Residential PROPOSED USE: This application is for a 120 -foot Commercial Telecommunications Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: Existing private entrance is inadequate for proposed use. Therefore, we cannot support a conditional use permit for this property until the existing entrance is improved to meet VDOT Standards. Any work performed on the State's right-of- way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire and Rescue: Plan approval recommended. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2003. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for structural load, as well as Section 3108 for Towers. The tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached -upon property. (See Page 3 Conditional Use Permit 401-09 AT&T and `dJesley Helsley April 1, 2009 3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Winchester Regional Airport: In accordance with the Code of Virginia, Section 15.2-2294, and the Federal Aviation Administration Notice of Proposed Construction, FAA Form 7460-1, application is required to be filed with the Federal Aviation Administration with a copy forwarded to this office for review and comment. Upon completion of the aeronautical study by the FAA, a copy must be forwarded to this office for final review comment. Any temporary construction equipment exceeding the overall height of the proposed structure including all appurtenances will require filing of a separate 7460-1 form with the FAA before construction begins and requires a separate review by the Airport Authority. Applicant is required to file with the Virginia Department of Aviation. Applicant should send a copy of the FAA 7460-1 form and a quadrangle map showing the proposed tower location. Final comment on behalf of the Airport Authority will be withheld pending a review of the Determination Study completed by the Federal Aviation Administration and comments from the Virginia Department of Aviation. ]Historic Resources Advisory Board: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that this site is located in the core area of the Second Battle of Winchester and the study area of Third Winchester. While this property is located within an area identified as having lost integrity, the area directly behind this site is identified as core area for the Second Battle of Winchester that has retained its integrity. The Northeast Land Use Plan of the Frederick County Comprehensive Policy Plan shows the area where this proposed telecommunications tower is located as a Developmentally Sensitive Area (DSA). The DSA designation is meant to ensure that historical features, as well as existing residential clusters, are protected from future development proposals. In addition to these concerns, the HRAB noted that the home located at 2042 Martinsburg Pike was built in 1947. As it is older than fifty years in age, the structure should be documented and a DHR survey should be completed. HRAB members also discussed the home's value as a part of the DSA. Ultimately, the HRAB was concerned about the visual impact of the tower on the core battlefield area and felt that the tower, which is proposed to serve the FEMA development across the street, should be located on the roof of the FEMA building or on the FEMA site. It was the Board's expressed priority that the applicants first make a serious and genuine effort to locate the tower on the FEMA site where existing trees and development would make the tower less visible from the battlefield. Page 4 Conditional Use Permit #01-09 AT&T and Wesley Helsley April 1, 2009 PlanninI4 and Zoning: Comprehensive Policy Plan: The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") provides guidance when considering land use actions. This proposed commercial telecommunication facility is located within the Northeast Land Use Pian (NELUP) as indicated in the Comprehensive Policy Plan of Frederick County. Comprehensive Plan at 6-117. The NELUP component of the Comprehensive Policy Plan identifies Developmentally Sensitive Areas (DSA) as including and surrounding this site. Id. The objectives of NELUP, as related to Developmentally Sensitive Areas, include identifying appropriate locations to protect potentially significant historic resources as identified by the Frederick County Rural Landmarks Survey, and to ensure the Historic Resources Advisory Board (HRAB) reviews all land development proposals which impact the identified DSA. Comprehensive Plan at 6-111. The general surrounding area of this proposed site contains sites of significant historical importance which include the Hackwood property, established residential areas, and the Milburn Road corridor. The Hackwood property and the Milburn Road corridor are less than 1 1/2 miles from this proposed commercial telecommunication facility. Furthermore, the subject property where this proposed commercial telecommunication facility will be located is adjacent to the study area of Third Battle of Winchester. Comprehensive Plan at 2-12. Frederick County has traditionally set a higher expectation for land use actions with regard to properties in and/or located adjacent to DSA's. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. Staff would note this CUP may not be consistent with the goals of the 2007 Frederick County Comprehensive Polices; specifically land use goals identified and established by the Northeast Land Use Plan (NELUP). Careful consideration of this Conditional Use Permit may be warranted in maintaining the goals set forth in the NELUP plan. Zoning Ordinance: The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). County Code § 165-48.6. The zoning ordinance requires that all proposed telecommunication facilities shall be of a monopole type if located adjacent to identified historic sites. County Code § 165-48.6(B)(2). Commercial telecommunication facilities may be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. County Code § 165-48.6(B). The Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt to collocate on an existing telecommunication facility, and possible co -location structures, in the proposed service area was made. County Code § 165-48.6(A). The applicant has provided an inventory of existing telecommunication facilities and possible co -location Page 5 Conditional Use Permit #01-09 AT&T and Wesley Helsley April 1, 2009 structures in this area, but did not produce adequate documentation that those existing facilities were unsuitable for the proposed use. This proposed telecommunication facility will be positioned on property located in close vicinity of the 150 acre industrially and commercially zoned Rutherford Farm development, the development of which includes a multistory office building and commercial center. This development, for example, may provide satisfactory coverage instead for this applicant and future co -location opportunities in this area of Frederick County. SUMMARY FROM THE 02/18/09 PLANNING COMMISSION MEETING: The applicant requested that the item be postponed/removed from the Planning Commission's 2/18/09 agenda; this request was honored. STAFF CONCLUSIONS FOR THE 03/18/09 and 04/01/09 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 120 -foot lattice type commercial telecommunication facility. Staff would note that the proposed site does not appear to qualify for a lattice -type facility; as such, if a CUP for this site is granted and if the site does not qualm for a lattice -type facility, the CUP is required to be for monopole -type construction. Additionally, the site is within the Developmentally Sensitive Area (DSA) designation for historic areas within the Northeast Land Use Plan (NELUP) area, which designation further discourages uses that distract from the historical nature of the area. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the Page 6 Conditional Use Permit #01-09 AT&T and Wesley Helsley April 1, 2009 approval of this Conditional Use Permit, the CUP will be deemed invalid. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/18/09 MEETING: Mr. Stephen L. Pettler, Jr., attorney with the law firm, Harrison & Johnston, was representing the applicants in this request. Mr. Pettler said the applicants are pursuing the lattice -type tower because the proposed site is located outside the UDA and the site is not "adjacent" to an identified historic site; future Route 37 will cut the proposed site off from battlefield areas; a much larger structure would be constructed and the cost of construction would be greater for a monopole versus a 10'X10' lattice -type tower; and it may be cost -prohibitive for EMS or other future users to co -locate on a monopole structure. Mr. Pettler also addressed the DSA and NELUP issues and stated that the Route 11 corridor is slated for future commercial development and already has significant existing commercial development. Responding to the suggestion of locating the tower in the Rutherford's Farm development or on the FEMA building, Mr. Pettler noted that neither AT&T nor FEMA owns property within Rutherford's Farm or the FEMA building. He pointed out that considerable structural changes to the building would be needed and numerous third -party issues were encountered. Mr. Robert R. Ericksen, real estate manager with AT&T, said the proposed tower location, adjacent to AT&T's existing communications building at 2032 Martinsburg Pike, was preferred because of the existence of a network access point (POP) and a 180 -degree fall zone is not required because the property is owned by the tower owner and the existing building is unmanned. Mr. Ericksen explained that because of the structural improvements necessary and structural integrity issues, in addition to liability and legal issues involving a third party, a stalemate in negotiations was encountered in their attempts at placing the communications facility on top of the FEMA building. One citizen, a resident on Martinsburg Pike, came forward to speak during the public comment portion of the hearing. This citizen inquired if the tower would fall on Route 11 if it happened to collapse. Members of the Planning Commission were varied in their opinions about whether a monopole tower or a lattice -type tower was more visually objectionable to the viewshed. Members of the Commission believed the proposed site was not appropriate because of the available commercial and industrially -zoned property across the street within the Rutherford Farm development and because the HRAB's recommendation that the tower would create a negative visual impact to the historic areas. It was noted that portions of the Rutherford development were outside of the UDA and the HRAB's report had indicated that historical integrity on that side of Route 11 had already been lost. Other Commissioners remarked there had been no public opposition and the applicant had made serious and genuine efforts to locate on the FEMA property and it was not feasible or practical. Members also noted that the proposed tower location was within a commercial and industrial area and, in addition, the area is slated for a future four -lane interstate Page 7 Conditional Use Permit 401-09 AT&T and Wesley Helsley April 1, 2009 highway. A motion to recommend denial was made and seconded, but failed by the following majority vote: YES (TO DENY): Ours, Thomas, Oates, Ruckman NO: Mohn, Kerr, Triplett, Manuel, Ambrogi, Unger, Wilmot ABSTAIN: `watt A new motion to table the CUP for 28 days was made, seconded, and passed by a majority vote, to give the applicant the opportunity to revise the application, suggesting a monopole -type tower located closer to the FEMA building where trees and buildings could visually shelter the tower and where it would not impact the viewshed of historic battlefields. The majority vote to table was: YES (TABLE 28 DAYS): Ambrogi, Manuel, Ruckman, Oates, Thomas, Ours, Wilmot NO: Unger, Triplett, Kerr, Mohn ABSTAIN: Watt (Note: Commissioner Kriz was absent from this meeting.) Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. AT & T - Wesle CUP # of - 09 PIN: 43- A - 130 ;43- A - 132 Future Rt37 Bypass CUPO 109_ATT_Wesley_"sley_012609 Bulldngs � � � I6 Lan DrtelN�mrnt.ltwa 0 125 250 500 Feet t � 6 I 1 Zoning BI (Bushtrss, Nlighha'h-d Dlstdd) B2 fl uslness, (mend MStiist) B3 (Bush— Ind¢snial Rmlffl- Dis4kt) Ehl(Ezn'aahe Plaln(wouln I)l.il kry BE (Ingher Educarinn Dison) 4W All (Indeshial. light IXsh{ct) m(ll wmfal, General usnict) 4w TfRl 01.1-k fhw cam unit. Dish Ict) 40 hLs (Akdnalsgwi rmshkt) W (Rwskle d.1 Planned flisu jt) 4w lu (Reshitvinal Recrwa 1mal cminindh i)1slrkt) PU(Rural_ireaf(snict) RP (R'*l-tial IFHatnanee f)i*M) Subimittal DeadI4-ne & L PIC Meetiag BOS Meer -Ing APPLICATION FOR CONDITIONAL USE P.-EMIXT FgEDERICKCOLVTY, VIASINIA p -,r,- �7 r; -t (The applicant if the V'�Other)'4cpjw"'r- ADDRE�5S-' 16F, 5 0 0 R VA 17ETIEPW)NE: '70r.0- VZ!^-Y4A-I 94Q.- -Jk-/4 2; leaslist all. o-,,iriers, oc,7,upants (atlullt inLdividual% as well a5 any OntitieS OCGU-Py-JTI9 the proper -y), or pprties n t�je interk-ast of the property: 3. The p-ropertV is located aplsasa give, direct ons and includie the, route nQmber of your road or street) 4. The- p:�operty has a road front -age of feet and a acres. depth of ee-� and c6nbistn of ]' ' 'Pleass be exact) The:.prop-rty is owned byA 7 0 tl. M S evidenced by deed from recotded ir�gz—' IFF-LADW (pre owner) tri deed book no. on page , as record,in the records of, -he Clerk of the Circuit Court, Count - of Frederick. magi*terial District —;5—rOALI�-W Current z0aing 43A 150 -A 7-41r, fi`,16r 0'30006:084 A juaining Pr6pertt: 8. I1ie i'pc of rise pro sed is (misrt.lt witl the P1,0ning; DqA, baibi°c� t T , ) 9. It i5 proposoLf that the foliowitir, buildings xvill bV, constraf nedcr - 10. The Following are s it oftlie indivicltials, fig>nm car eorl.)owtions owning, pr315crty adjacn-nt to l 04 skies and rear aad in fimt. of (acrass st et f r€ n-0 th praperty whore the e W.qte . us- Nvill be ccmducte4. (C.ontl nue on back ifnecessary,) ) T'tzese J), ooplc will be notified by mail of this 8pplication: NAME PROPERTY Iii# 4! - CHS PROPERTY ID4 NAME PROPERTY Ili#, W&— AD RE,S NAW REBS PROPERTY lDft— 9 " PROPERTY 09-4, N,i ME PROPERTY ID WWC14e,ti Me VA ZONING East 8. I1ie i'pc of rise pro sed is (misrt.lt witl the P1,0ning; DqA, baibi°c� t T , ) 9. It i5 proposoLf that the foliowitir, buildings xvill bV, constraf nedcr - 10. The Following are s it oftlie indivicltials, fig>nm car eorl.)owtions owning, pr315crty adjacn-nt to l 04 skies and rear aad in fimt. of (acrass st et f r€ n-0 th praperty whore the e W.qte . us- Nvill be ccmducte4. (C.ontl nue on back ifnecessary,) ) T'tzese J), ooplc will be notified by mail of this 8pplication: NAME PROPERTY Iii# 4! - CHS PROPERTY ID4 NAME PROPERTY Ili#, W&— AD RE,S NAW REBS PROPERTY lDft— 9 " PROPERTY 09-4, N,i ME PROPERTY ID WWC14e,ti Me VA I l_. Pleas use this page fear your sketch Of 111C Ph)pcitY. S ljw primp -se s i c,r fing. structures on the property=,nch filing m a urem nt3 ?-o all property ijt;fiu: 7C&-PLAAJ _X 7 I r c l tft rxt elersi atcc:. laetehy rc pectfittli = r;�tal e appticauon ead rill rt't?te v .7tin t . l Fre crick `ottrtt � V,r'gin a to alae the ww described in this,ipp ic�a€ bn- l ttt dmtat d that the, ssclr i ltC t t it il� tt t ris aiatsiit t;nrt 'S 'st►i-t,14U.I mu --L be placed at fiat fvani properiv i-ne as least seven �tI � � # days pt i�r, t� :�lt� �arS� p;,thiic hearing and s �Wrltaiaed _,O ,as avv isOle.- until aper flh(t Beard of Supervi33t-;'public hearing. YOUfor a Conditioaal Uv- Permit au6crims, ativ atember of the Pretletick C'ouirty K arming Commission. Bc zwd Of Sq),-vi'Isurs or Plamii a ciY c l trent I7 atttt�ettt Ccs irt�# cct � r iarctpGrf itez , it e i rntvsed =use willbe Cuaducied. Si natim.i- FA Applicant Centers' ilflailingAr`ls c.�4i ,� � � � � �;�'~� ��i.11�I � Al 0 TO BE CONPUTED USE CODE. RE, NEWAL DATE. Special Limited Power ofAttorney County of Frederick, Virginia Frederick Planning Web Site: w iviv.co.frederick.yams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That I (We) 1 (Name) �{34; 4 � .'.>G��?$a "r- �` �✓ (Phone) ?,S Z 3 4—R��`� (Address) Od'CD7 2% the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) _ tri Z ecz; / t d'r'�l (Phone) 7u,'� (Address) %Gj a !Z/. /Y ZEE; LU ; l✓, -2 0 i 74� To act as my true and lawful attorney -in -'fact and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) �f Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this -_23 day of /1'�r- , 200 �l , Signature(s) State of f(/ jT, City/County of u n 6 0 y\, , To -wit: I, iS r -e q o r 4, I • �J d vt �' a Notary Public in and for the jurisdiction aforesaid, c • ify tb at the person(s) who signed to the foregoing instrument personally appeared before me a�m�d has acknowled ed the same before me in the jurisdiction aforesaid this day of !✓J 200 . ,J`� _ �� l�omnnission Expires: ^ !`a;r<✓��1 � Notar Pu lr NoWry Pu* of im Revised 3/17/08 '7 �A myCo �11�3im Exons. l � Lo o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That I (We) (Name) t�l0!- L)' ( GG JK (Phone) (Address) L PV / A,fif�� the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 05C)0Z.G,, /7�;on Page , and is described as Parcel. -3A Lot: ! Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) 0F��' S l j L� l 11 �'t �� {� /(Phone) -7 (Address) f �� l�lil\ `J lti i ( l� Cie&� To act as my true and lawfill attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Perimit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. r�- In witness thereof, I (we have hereto set m (ou hand and seal this i 1 day of iJP CeML6r. , 200 0 , Signature(s) (�✓ State of Virginia, C-i-ty/County of C r Lit , To -wit: q 1 a-_'-1 S . I , a Notary Public in and for the jurisdiction aforesaid, certify that the pe on(s) who si led to the foregoing instrument personally appeared before me an has acknowledge me before the in th jurisdiction aforesaid this d 9 day of L 3 � 200 S . - Cj My Commission Expires: Notal Public Revised 3/17/08 LIANNE S. STANLEY NOTARY ID # 184188 NOTARY PUBLIC F MONWEALTH OF VIRGINIAMMISSION EXPIRES JULY 31.2010 December 30, 2008 County of Frederick Winchester, VA Robert R. Ericksen, PE, CCIM T: 908 234-8819 One AT&T Way e-mail: rericksen@att.com Room 1A113A Bedminster. NJ 07921 Re: Statement of need for data transmission mast in Winchester, VA. Dear Officials of Frederick County: AT&T is requesting permission to construct a 120' free standing class 3 galvanized steel lattice tower in support a of a long haul line sight radio communications route. The tower design will support the radio route, plus have cellular and fust responder capabilities. The required site for this communications tower is adjacent to AT&T's existing communications building at 2032 Martinsburg Pike, Winchester, VA. AT&T has chosen this location because of the existence of a network access point (POP). Construction of this route will primarily serve our federal customers location at Mt. Weather, VA in support of mission critical customer network applications. AT&T contracted with Comsearch to survey existing structures within a one mile radius of our required access point and evaluate the ability of these structures to support 6 foot diameter and 5 foot diameter microwave dishes. This survey report is included with our application package. None of the existing structures can support these dishes at the required height. Due to the size and weight of the microwave dish antennas, a lattice tower is deemed the best means of support at this tower height. Monopole tower requirements would be of unusually large diameter (6'±) and would be a stronger impact visually than lattice. The applicant requests consideration of this factor, in the request to locate the tower on their site AT&T intends to continuously use the facility and tower. AT&T shall be responsible for removal within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If the tower is not removed within the ninety -day period, the County will remove the facility and a lien may be placed to recover expenses. Sincerely, AT&T Corp By: Y Name: Robert R. Ericksen r r 1 r r 1 r 1 r r r r r r 1 Q a r �o r 1 Q �- 1 J Qt 1 Jm 1 1 I 1 r \ 1 —678- rl O ;" PAVED l�I 15' BRL /o 4 - 0� �CWY 15' BRL- 43 -1 -A P!N A, -A -129T INSTR.M0'0012617A 8fSDENTIAL ZONE. RP USE £X GARAGE c � 9.0 EX 1 STORY BLOCK ",DIG 80 Ey, 1 STORY I BLOC! �� W 16 6B1.02HEIGHT ryyyJJ/ � � �+ EX 2 STORY OWELL/NG -002. 120.0' O PROX. LOCATION 120'C I MMUNK 120' FALI PIN 4J -A-132 MELISSA HEL5/EY--HALL & WESLEY HELSL£Y, SR. /N57R. 050076775 ZONE 50 USF.• RESfDEN7/AL ! 19700 Janelia Farms Blvd Ashburn, VA 20147 C©MSEA R C'H' 703-726-5500 Analysis of Communication Towers in the Vicinity of the Proposed AT&T Corporation Microwave Tower in Winchester, Virginia Comsearch was contracted by AT&T Corporation to identify all commercial communication facilities within a 1.0 mile search radius of their proposed 120' height telecommunications tower to be located at an existing AT&T facility on Route 11, Martinsburg Pike, in Winchester, Virginia. The purpose of this study is to provide the analysis required by the local Zoning Ordinances to obtain a Conditional Use Permit for the proposed telecommunication tower. Comsearch performed a database search from multiple sources including the Federal Communication Commission (FCC) Universal Licensing System (ULS) and Antenna Structure Registration (ASR), a database of the top ten tower owners in the United States, and the Comsearch databases of all microwave and land mobile radio (LMR) commercial telecommunications systems licensed for operation in the United States. The database search determined that there were 4 commercial communication facilities registered within a 1.0 mile radius of the proposed AT&T tower. Table 1 identifies the communication facilities and lists their pertinent parameters including service, frequency band, FCC Call Sign, latitude and longitude, antenna height and licensee. Figure 1 shows the location of these communication facilities with respect to the proposed AT&T tower. Table 1 Commercial Communication Facilities within 1.0 Mile of the Proposed AT&T Tower Frequency FCC Call Antenna ID Service Band Sin Latitude Longitude Height m Licensee 1 Land Mobile 152 MHz KNGB739 39-12-58 78-08-28 24 A E JOHNSON INC Microwave 2 Site 956 MHz WEF653 39-13-20 78-07-57 9.14 H H OMPS, INC SHIRLEY WELL 3 Land Mobile 31 MHz WNGE496 39-14-00 78-06-57 29 DRILLING INC 460-470 4 Land Mobile MHz WPFR957 39-12-45 78-08-29 23 PACTIV CORP Figure 1 Commercial Communication Facilities in Database within 1.0 Mile of the Proposed AT&T Tower In addition to the database search identified above, Comsearch also performed a physical site visit to document the identified communication facilities and to determine if any other commercial communication facilities are present that were not identified in the database search. The on-site evaluation also focused on the area within a 1.0 mile search radius of the proposed AT&T facility. The results of the on-site physical visit are contained in Figures 2 — 5 for the database identified facilities. Figures 6 and 7 provide documentation for two additional facilities determined during the on-site visit and Figure 8 indicates the location of these additional communication facilities with respect to the proposed AT&T tower.. Notes are provided with each figure identifying the type of tower and a determination concerning the viability of the existing facility to support the proposed AT&T communication requirements. This determination is based on a number of criteria including 1) the ability of the tower to adequately support the proposed 6' microwave antenna, 2) the sufficient height of the existing tower to support the planned AT&T microwave link, and 3) proximity to the AT&T facility where the required communication must terminate. The results of this analysis determined that there are no existing commercial communications facilities present within a 1.0 mile radius of the proposed AT&T 120' height tower that will support the requirements of AT&T. The proposed AT&T tower is required to support a highly reliable point-to-point microwave path between the AT&T facility and a location on Mount Weather, which is in excess of 16 miles away in a direction of approximately 132 degrees from true north. The proposed tower will be required to support at minimum a 6' solid parabolic antenna. None of the identified existing communication facilities will meet the stringent requirements of AT&T. t 'Y•�I I J{1 p4C�rriF nl�v'i1'311 1.1 'S��j%r+.`�— _ _�-��11�44 fPA Kik Site: ID 1 Coordinates: 39° 13'0.4" N, 78° 8'28.4" W Tower Height: 64' AGL Guyed Owner/Licensee: AE Johnson, Inc. Notes: This site is located behind an Exxon gas station at the intersection of US - 11 and Welltown Road. This tower will not support the proposed AT&T microwave antenna requirements. Figure 2 — Database Site ID 1 Site: ID 2 Coordinates: 39° 13'20.4" N, 78° 7'57" W Tower Height: NIA Owner/Licensee: HH Omps, Inc. Notes: No tower or communication facilities are at this location. It is assumed that the facility has been deactivated and is no longer in operation. Figure 3 — Database Site ID 2 Site: ID 3 Coordinates: 39° 13' 59.1" N, 780 6' 59.0" W Tower Height: 105' AGL Guyed Owner/Licensee: Shirley Well Drilling Notes: This site is located behind Shirley Well Drilling Company off of US -11. This facility will not support the proposed AT&T microwave antenna requirements. Figure 4 — Database Site ID 3 Site: ID 4 Coordinates: 39° 12'45.4" N, 780 8'29.0" W Tower Height: NIA Owner/Licensee: Pactiv Corp. Notes: Site coordinates are located within private property of Pactiv Corporation behind loading dock located southeast of main entrance. No tower is present at this location and this facility will not support the proposed AT&T microwave antenna requirements. Figure 5 — Database Site ID 4 Site: Power Line Cellular Array Coordinates: 39° 13'6.4" N, 780 8'25.2" W Tower Height: 125' AGL Owner/Licensee: Unknown Notes: This is a cellular base station site positioned on a high power transmission pole located at the end of Mercedes Drive in Winchester, VA. This facility will not support the proposed AT&T microwave antenna requirements. Figure 6 — Additional Telecommunication Facility Found During Site Visit 1 i Site: Land Mobile Antenna Coordinates: 39° 13' 59.1" N, 78° 7' 38.6" W Tower Height: 110' AGL self support Owner/Licensee: Unknown Notes: Site is located behind Agri Court in Winchester, VA. This facility will not support the proposed AT&T microwave antenna requirements. Figure 7 — Additional Telecommunication Facility Found During Site Visit Figure 8 Additional Commercial Communication Facilities Identified in On -Site Visit Within 1.0 Mile of the Proposed AT&T Tower REZONING APPLICATION #02-09 THHE BISHOP-AMARI PROPERTY Staff Report for the Planning Commission Prepared: April 1, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 04/15/09 Pending Board of Supervisors: 05/13/09 Pending PROPOSAL: To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Uses. LOCATION: The property is located in the northeast quadrant of the intersection of Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/15/09 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and the commercial designation for this intersection. The application provides a level of sensitivity to the identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and provides transportation improvements adjacent to this site as generally identified for this corridor. The Commission should ensure that a satisfactory level of expectation has been met regarding: 1) Site design considerations along the property's frontages, including corridor appearance, access, to the site, and median improvements. 2) Appropriate value in the transportation contributions which are aimed at addressing the transportation impacts of this project and the necessary offsite transportation improvements. Following the required public hearing, a recommendation regarding this rezoning application to the Board o Su ervisors would be a ro riate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #02-09 — The Bishop -Amari Property April 1, 2009 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 mattes. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Uses. LOCATION: The property is located in the northeast quadrant of the intersection of Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-43 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Area) South: RA (Rural Area) East: M1 (Light Industrial) West: RA (Rural Area) M1 (Light Industrial) Use: Residential Use: Agriculture Use: Vacant Use: Residential / Vacant Residential Rezoning #02-09 — The Bishop -Amari Property April 1, 2009 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 11 and 761. These routes are the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Bishop -Amari Rezoning Application dated March 5, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: L Refer to Suitability of the Site: Expand the discussion to include a detailed description of the site with specific references to the existing dwellings, existing well locations, if applicable, and existing drainfields. Any wells and/or drainfields should be located on the aerial overview plan. Future designs should address the disposition of these items in accordance with Health Department criteria. 2. Refer to Other Environmental Features: This discussion should be expanded to include the fact that the site is underlain by karst limestone with the potential for sinkhole development. The existence of sinkholes should be included with the master development plans or site plan design, whichever occurs first. 3. Refer to Site Drainage: During the site pian design phase, it will be necessary to verify the adequacy of the drainage structures (culverts and ditches) associated with the intersection of Route 11 and Route 761. This evaluation shall be accomplished in conjunction with the analysis of the design of the onsite BMP facility. Department of Inspections: If existing structures have a change of use or are removed, a building permit is required. Change of Use from Residential to Commercial on existing structures shall comply with the 2006 Virginia Uniform Statewide Building Code, The 2006 International Existing Building Code, and ICC/AMSI Al 17.1-03 for accessibility. Asbestos inspections shall be required for any demolitions and/or renovations. Sanitation Authority: There is a 10" water line along US 11 to a 16" water line along Old Charlestown Road. There is no sewer in this area. The sewer lines shown on the "Rezoning W&S Lines" drawing have not been installed. Service Authority: No comment. Health Department: No comments Rezoning #02-09 — The Bishop -Amari Property April 1, 2009 Page 4 Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Historic Resources Advisory Board: Please see attached letter dated January 26, 2009, signed by Amber L. Powers, HRAB Staff. Frederick County Attorney: Please see attached letter dated January 15, 2009 from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated December 31, 2008from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). 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. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Land Use The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The Northeastern Frederick Land Use plan generally provides for commercial uses in the vicinity of this site and along Route 11, Martinsburg Pike. Further, the development of business and commercial land uses is encouraged at signalized road intersections. The Plan also recognizes the Developmentally Sensitive Areas (DSA's) which are in the immediate vicinity of the site. The application of quality design standards for future development is also an objective of the Plan. Rezoning #02-09 — The Bishop -Amari Property April 1, 2009 Page 5 Transportation The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility and is further defined as an urban four -lane divided facility with a landscaped median. Old Charlestown Pike is identified with an urban two-lane designation. The Plan states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. The Northeast Land Use Plan states that individual access to industrial sites should be discouraged along Martinsburg Pike. This development has proffered one right -in right -out commercial entrance on Martinsburg Pike and a full commercial entrance to and from the property on Old Charlestown Road. Pedestrian accommodations have been provided along the road frontages of this project. 2) Site SuitabilitvXnvironment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. This area is also known for karst topography. The Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the master development plan or detailed site plan design. The Historic Resources Advisory Board has offered suggestions for this project which have been incorporated into the application. 3) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application assumed 20,000 square feet of commercial uses, including a restaurant, and a 16 pump gas station. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Old Charles Town Road and Route 11, for which the Stephenson Village project has proffered the construction. The applicant has proffered a variety of improvements to the properties road frontages and to the signalization ofthe intersection of Old Charlestown Road and Martinsburg Pike. This, and recent TIA's, have also demonstrated level of service and lane geometry issues at the intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The ultimate solution to this intersection has yet to be determined. Previous applications have participated in providing a solution to achieve acceptable levels of service at this intersection by providing a monetary contribution in various amounts that may be used to allow for the development of improvements in the general area of this intersection. Rezoning #02-09 — The Bishop -Amari Property April 1, 2009 Page 6 A monetary contribution has been proffered in the amount of $5,000 that may be applied to the above referenced intersection improvements at Martinsburg Pike and Hopewell and Brucetown Roads. The TIA modeled the intersection of Route 11 and Route 761. This application provides for improvements to the intersection and to Route 11 and Route 761 consistent with the TIA in all locations with the exception of the second north bound through lane at the northbound approach to the intersection of Route 11 and Route 761. A raised median of some sort should be considered on Route 11 directly across from the proposed right -in right -out entrance as part of the initial construction of this project. This would ensure that no left turns can be made into the site from south bound Route 11 such as is experienced in other locations within the County. It would further achieve the divided section called for in the Comprehensive Plan. It may be preferable for this application to also consider median separation of the east and west bound lanes of Route 761 and further delineate the left turn lane into the site. This would appear to be able to be accomplished without any additional right-of-way or pavement impacts and may also be more cost efficient. The provision of an additional area of raised median adjacent to the right turn lane from Route 761 to Route 11 is a good improvement to this intersection. The use of raised medians would further define the intersection, safely control turning movements, and significantly benefit pedestrians who may be more prevalent in this area in the future. B. Design Standards The project's location on a major corridor and adjacent to an area identified as a developmentally sensitive area warrants particular attention. This attention is provided in the application by a combination of proffered commitments aimed at designing the development of the site. These include a commitment to the building placement which provides that no parking spaces or travel aisles will be between all occupied structures and the public street frontages, and building height, lighting, roofline, and construction material standards. Further, commitments have been made regarding any future gasoline fueling islands, particularly their location which ensures they would also be located behind any occupied commercial structures. The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to the occupied commercial structures and a historic information kiosk located on the plaza area which will be designed in consultation with the HRAB. The Historic Resources Advisory Board has been instrumental in working with the Applicant to appropriately address the interpretation of the historic resources of this area. Rezoning #02-09 — The Bishop -Amari Property April 1, 2009 Page 7 The signage must be consistent with current ordinance requirements. The Applicant has proposed additional landscape screening between the parking areas and public streets; this should be in addition to any required by Ordinance. The amount should be further defined Buffer and screening must meet current ordinance requirements. In addition, the applicant has proposed additional evergreen screening adjacent to the property to the west. The applicant has proffered to provide a detailed corridor enhancement strip 20 feet in width along the frontage of the property. Included within this strip is a ten foot multi -use trail and landscape plantings. The applicant has also proffered a limitation on the signage on the property by limiting the business signs to one monument sign (15 feet high and 100 square feet in size) for the land uses on the B3 portion of the property and two monument style signs (10 feet high and 50 square feet in size) for the B2 portion of the property. The applicant has further proffered general building material specifications and finally special consideration has been provided to the buffer and screening of the adjacent properties, in particular, any potential preservation of identified wooded areas. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application makes an effort to address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $0.10 per square foot of developed commercial structural area. Please recognize that this may generate up to $2,000 for fire and rescue services. Proffer Statement — Dated October 27, 2008; revised March 16, 2009 A) Land Use The Applicant has proffered to limit the development of the site to a maximum of 20,000 square feet of structural commercial development which may include up to 5,000 square feet of restaurant use. In addition, a maximum of 16 gasoline pumps may be developed on the property. A variety of land uses have been proffered out by the Applicant. B) Transportation The Applicant has proffered a variety of improvements to the property's road frontages and to the signalization of the intersection of Old Charlestown Road and Martinsburg Pike, including right-of-way dedication. Included as part of the proffer statement are exhibits that depict the proffered improvements. Rezoning #02-09 — The Bishop -Amari Property April 1, 2009 Page 8 A right- in right -out entrance is proffered along Martinsburg Pike and a full commercial entrance along Old Charlestown Road. Interparcel parking lot access is proffered with the adjacent properties to the east and west. A monetary contribution has been proffered in the amount of $5,000 that may be applied to intersection improvements at Martinsburg Pike and Hopewell and Brucetown Roads. C) Site Design The application provides several proffered commitments aimed at designing the development of the site including; a commitment to the building location, building height, lighting, roofline, and construction material standards. Further, commitments have been made regarding any future gasoline fueling islands, particularly their location. The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to the occupied commercial structures and a historic information kiosk located on the plaza area. Additional landscaping and buffering is also proposed by the Applicant. D) Community Facilities The Applicant proffers a monetary contribution in an amount of $0.10 per square foot of developed commercial structural area. Please recognize that this may generate up to $2,000 for fire and rescue services. STAFF CONCLUSIONS FOR THE 04/15/09 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and the commercial designation for this intersection. The application provides a level of sensitivity to the identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and provides transportation improvements adjacent to this site as generally identified for this corridor. The Commission should ensure that a satisfactory level of expectation has been met regarding 1) site design considerations along the properties frontages, and 2) sufficient value in the transportation contributions aimed at addressing the transportation impacts of this project and the necessary offsite transportation improvements. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be ap should be prepared to adequately address all concerns raised by the Planning Commission. COUNTY of FREDERICK Department of Planning aid Development 540/ 665-5651 FAX: 540/665-6395 TO: Evan Wyatt, AICP FROM: ?Michael T. Ruddy. AICP Deputy Director RE: Initial Comments Bishop Amari Rezoning plication DATE: December 31, 2008 I he following points are offered regatdina theishop / mari C+:�i �rnercial R.� ur:ir__; Application. This is a request to rezone 2.77 acres from K to B2 tih,it, Proffers- Pjea. consider the connnents as you continue your work 1 r`,,anin ih��: appllcq ior� ur submission to Frederick County. In addition, pease ensl ri that these uon-anent and aii review agency comments are adequately addressed. T _and FcP The property is located in the general ar ea covered by the Route I 1 North Plan; and the Northeast Land Use Plan. The property is within the W SA and is generally designated in an area of commercia► land use. The business ec=.idor expectations of the Comprehensive Plan should be recognized and should be applied along route 11 and pote 10aily Charles "Town RoaJ. In addition, the adjacent DS'A's'should be consiu--red. Transportation - ' This ;application proposes lane Arid intersection or) Route 11 and. Route 761. It may be preferable fur this al p%.ic.:ation to also cc01-�ider median sepraratior. Af t.;, -.e east and west bound lanes of Route 761 and fixe -cher dei-rneutc: the lei turn lane into th e site. This would appear to be able to be accomplished Wit-h-OUt DO'V additional right of vva- or pavement impacts and may also be more :«ast eff ci`i-,i. 4ii additional area of rais-:d median should be considered adjacent to the righr turn lar,:• fi-orr.. Route 761 to Route 11. The rise of raised med:ans would further define the infer e-crion, safely contrel tdrnif,g mover::4nts, and significantly benefit pedestrians who maybe more prevalent in t-fiis arra. in tike 1,11turie. 107 North Kent Street, Shite 202 - Winchester, Virginia 22601-51100 Initial Comments — Bishop Amari Rezoning Application December 31, 2008 Page 2 A raised median of some so t should also be considered on Route .l. l directly across from the proposed right in right out entrance. This would ensure that no left turns can be made into the site from south bound Route 11 such as • is experienced in other locations within the County. The proffered commitment to provide for inter -parcel connectivity to the adjacent parcels should be flexible in the location of access points for the adjacent property to the east. It may also be beneficial to identify who would be responsible for connecting the 25' distance between the access drive and the adjacent property. Alternately, a specific location could be determined at this time. This may be helpful with regards to the proffered landscape screen adjacent to this property line. In addition, the property to the east is presently zoned ML it may benefit the applicant to design the inter -parcel connection to minimize any potential conflicts between commercial and industrial traffic. The TIA modeled the intersection of Route 11 and Route 761. This application provides for improvements to the intersection and to Route 11 and Route 761 consistent with the TIA in all locations with the exception of the second north bound through lane at the northbound approach to the intersection of Route 11 and Route 761. The application should evaluate if sufficient right-of-way is available in this location to implement this improvement. Pedestrian accommodations should be further recognized and provided in a coordinated manner internal to the project, to and along ?Martinsburg Pike and Old Charles Town Road, and at the intersection of these roads. Proffer Statement. A Generalized Development Plan has not been provided with this application. A GDP accompanying the Proffer Statement could be used to further clarify the proffered commitments and to address some of the comments identified. The Road Improvement Exhibit is mentioned in the proffers. However, this exhibit, and any GDP, should be specifically proffered in the statement. Additional landscaping in the area identified in proffer 10 is desirable. It should be clarified that this landscaping is in addition to any required landscaping provided to meet parking lot landscaping requirements. In addition, the amount of landscaping should be identified in an effort to avoid potential confusion during future site development. To this end, the application may want to further define the buffer areas adjacent to the public streets similar to the nearby Easy Living example. This may include distance of landscape area, distance of parking lot away from right-of-way, planting schedule etc. Initial Conunents — Bishop Amari Rezoning Applicatio;l December 31, 20010 Page 3 Previously, the Board of Supervisors has stated their preference for the developer to deal directly with the local volunteer companies on any direct monetary contribution for their benefit. Any contribution to the County should be designated to the County for fire and rescue purposes. The proffer statement must be signed by the owner/owners of the property. General Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route l 1 and potentially.: Charles Town Road. In. addition to working with the Applicant in the development of information that would be displayed. in the kiosk, the HRAB should also be used to consider the design of the kiosk. Any additional recommendations of the HRAB should also be recognized. One of the existing buildings on the site, the smaller residence Located closest to the intersection, is somewhat unique and could be utilized in the redevelopment of the site and could be reflected in the design of the site. The building may provide an opportunity to reflect the areas architecture, could be utilized in conjunction with the proffereu plaza area and historic kiosk, or could be a standalone commercial use such as an ice cream stand. The Applicant has proffered to utilize similar development themes and construction materials for all occupied structures. This should also include any gasoline canopies. In addition, the Applicant could consider a theme that is representative of the site, area, and context of the location. The previously noted bailding may be one choice for guiding such a theme. I would suggest an evaluation of the existing mature trees on the property to determine if any car, be incorporated into the design of the project. It would be desirable to preserve such examples if possible. Additional comments provided by Mr. John Bishop, AICD I. Access on Old Charlestown Road should be as far back from the intersection with Route 1 I as possible. 2. Access on Route 11 should be designed in a manner that minimizes left turns such as a right in right out or possibly a right in right out with left in only. 3. Inter -parcel access should be provided. Due to the short distance of frontage and the need to keep this entrance as far north from the intersection of Route 1 I and Old Charlestown Road as possible. median control ,Mll need to instituted on Route 1 I to allow for the proposed entrance scenarios. Initial Comments — Bishop Amari Rezoning Application December 31, 2008 Page 4 4. Right-of-way and participation for improvements to Route 11 and Old Charlestown Road should be provided. 5. Bicycle and pedestrian accommodations should be provided along Old Charlestown Road and sidewalks should be included along Route 11. Pending the rezoning it wili also be important that linkages for these modes are provided within the site. 6. .Right turn lane is included on Old Charlestown Road where it intersects with Route 11. Consider a free flowing right turn lame with yield to through traffic. 7. Since two receiving lanes are proposed along the property frontage, consider marking the right turn lane on Route I 1 at Old Char]estown as a right and through. 8. There may need to be some cooperation between this rezoning and the Snowden Bridge Development regarding the proffered signaiization of Route I l and Old Charlestown Road if that signal is not in the foreseeable future. Please clarify. 9. It should be noted that the lane configuration depicted does not match the TTA analysis. Once again, please ensure that all review agency comments ace adequately addressed. Attachments MTR/dlw COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.freder1ck.va.us January 15, 2009 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL �y'u r.. a— " , D 1Vii. nva- , 1�ivi Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application, Parcel Number 44-A-43, Bishop -Amari Property — Proffer Statement dated October 27, 2008 Dear Evan: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Proffer A3 — Regarding proffered out uses, staff will want to review this list to determine whether the remaining allowed uses are appropriate for the Property. Also, staff will want to determine whether any further definition is appropriate for "Truck Stops", which are a subset of SIC 5541 (Gasoline Service Stations), including, for example, the types of goods and services offered at the establishment, how they are offered/marketed, and the faciiities available at the estabiis°rment. 2. Proffers B 1, B2, and B4 — The Proffer Statement should indicate, for Proffers B 1 and B2, that the Road Improvement Exhibit is attached. Also, for all three Proffers, a better -defined final completion date for the proffered improvements, such as, by the time of issuance of the first building permit or by the time of issuance of the occupancy permit, rather than "during the development of the first Site Plan approved for the Property", would be appropriate. 3. Proffers B5 and D — The phrase "at the time of building permit issuance for the first Site Plan approval on the Property" (or similar phrase) may be somewhat ambiguous and cumbersome, in terms of defining a triggering event. It may be better simply to state it as "prior to issuance of the first building permit for the Property". 107 North Kent Street - Winchester, Virginia 22601 Mr. Fvan Wvan, AICP January 15, 2009 Page 2 4. Proffers section C generally — In several of the Proffers throughout this section, the term "occupied commercial structures" appears. I would suggest that the mere term "structures" is likely to suffice in most if not all instances. Otherwise, the basis for treating whatever structures that may be not "occupied" or not "commercial" differently is unclear. 5. Proffers C 1 and C 10 — The factual premise in Proffer C 10 (screening between parking areas and public streets) appears to be at odds with the restriction in Proffer C I (no parking between building frontages and public streets). It may be helpful if the Applicants clarified that they intend to provide the landscaping along the public streets even though Proffer C 1 prohibits parking between the building frontages and the public streets. Also, it would be appropriate for Proffer C10 to state a deadline by which the screening is to be completed. 6. Proffers C2 and C3 — It would be appropriate for each of these two Proffers to state a deadline by which the items (plaza and kiosk) are to be completed. 7. Proffer C9 — Regarding freestanding business signs, some of the proffered height or size limitations may be the same as (or possibly less restrictive than) the limitations that already apply Y a 1 b ordinance. See County Code § 165-30(G) & (H). It may be best to clarify that the proffered limitations specifically refer to those signs that are subject to the general catch-all limitations of § 165-30(G)(7) & (11)(7). 8. The Proffer Statement and the Application will both, of course, require signatures from both owners or the submission of powers of attorney from both owners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B. Williams County Attorney cc: Ms. Candice E. Perkins, AICP, Senior Planner, County of Frederick COUNTY of F .EDERICK Department of Plap-ging cind De.velopment 540/665-5651 FAX: 54C-/665-6395 January 26, 2009 M -r. Evan Wi,,att Greenway Engineering 'Vk tndv 1liE' L �,,. W-Wnch :stcr V "ti 22;6p2 RE: Bisbop - Amari Application Requesting the Rezoning of 2.77 acres from RA to B2 for Commercial Use. Location: 2456 Martinsburg Pike, Winchester, VA Property Identification Number (PIN): 44 — A — 43 Current Zoning District: RA (Rural Area, Dear i!%ir. Myatt: T he Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting on January 13, 2009. The HRAB reviewed infon-nation, associated with the Frederick County Rural Landmarks Survey Rem, the N%erg' i_a Departn..ent of Historic Resources, as well as information provideu by DeNvbe:-ry engineering. Historic Resources Advisory Board Concerns Phe proposal seeks to rezone 2.77 acres of land from. RA tfiaral Areas) District to the B2 (Business General) District. for Coin-a-iercial uses.. Tbe property is located at 24-6 Martinsburg Pike at the ; _-(; rse tion of Martinsburg Pike (Routs 11) and Old Chants Toxwi (toad ;:Route 761). 7'he Swdy of Civil War Sites in the Shena_o(ioah Valley, published by the National Park Service. inentit<es the Bishop -Amari Property as being Located A.vi yin the hounds of the Second Winchester Core Battlefield. The property is adjacent to land that has retained much of its historic integrity and is de:sign.ated as a Development -Sensitive Area, i inchading the M -C- km property to the swath of Cold Charles Town Road). The Raral Landmarks Survey" Report for 'redericlt County, Virginia, identifies jour structures NAA -thin the immediate area o the subject site, one stricture. is located on -sitz, �md. one on-site structure was receniiy demnl i shed: • Hoover's Auto Exchange (#34-944) — Nvas locate:i on site has ieceatly r?ecr; demolished • Hbover, Burton douse (#34-945) — located On site s . ackson, Edgar House (#34-942) • . Mason -Hoover House (#34-943) 107 North Rent Street, Suite 202 * 'Winchester, Virginia 22601-5000 Mr. Evan Wyatt RE: Bishop - Amari Application Requesting the Rezoning of 2.77 acres from RA to B2 for Commercial Use January 26, 2009 Page 2 The Rural Landmarks Survey does not identify any of these structures as potentially significant, nor do any of the structures qualify for the national or state register of historic places. The applicant has attempted to address the impacts of the proposed development on the surrounding area in the proffer statement: Maximum of 20,OOOsf of commercial structure area (excluding gasoline pumps). • Maximum of 5,OOOsf of restaurant area (part of the 20,000sf). Certain uses are prohibited on the site: communication .facilities, truck stops, hotels/motels, organization hotels and lodging, car washes, miscellaneous repair services, motion picture .'.i i'.•'lt eL-?�rl..-..nt t�.t�d YF+[`,rerilitfll'? services r_rie-c C/7T!ia:.iatt re.. -olf, .Sis. ti _ adult retail. ® All buildings shall be oriented towards Martinsburg Pike and Old Charles Town Road. The site will have a 2,OOOsf plaza. The applicant will develop a kiosk that will be located on the plaza area, which will be utilized as an information center for historic features within the community. The applicants will work with the HRAB in the development of the information displayed. The proffers indicate that the site may be developed as a gas station with up to 16 pumps, all of which would be positioned away from the road so as to not be visible. The Historic Resources Advisory Board members raised several concerns during their discussion of t;rus application, including: • Limiting Corporate Architecture and limiting designs to the use of local materials and styles: The Board expressed their desire to see stronger language in the proffers ensuring that locally prevalent architectural materials and styles would be used for the buildings. Members included a request that the applicant consider restricting construction to framed buildings rather than cement. The Board also specifically discussed their concerns regarding the potential construction of trademarked commercial structures that world disrupt the visual integrity of the • Location of the informational kiosk and plaza: Members expressed their desire to see the plaza located directly across from the McCann property rather than on the corner of Old Charles Town Road and Martinsburg Pike. This would provide a more welcoming location for pedestrians. In order to shield the potential gas pumps towards the rear of the property, the Board recomrne Ided that the plaza include a landscape screen or opaque fence. • Members expressed their desire that the applicant include proffers not to build a drive-through restaurant, as such a layout would be aesthetically detrimental to the battlefield area, just as visible gas pumps would be detrimental. • Kiosk design: Board members discussed possible kiosk designs and agreed to be included in the review of the final kiosk design during site plan approval. Mr. Evan Wyatt RE: Bishop - Amari Application Requesting the Rezoning of 2.77 acres from RA to B2 for Commercial Use January 26, 2009 Page 3 After reviewing this information and the applicant's materials and proposals, the Historic Resource Advisory Board voted unanimously to support the Bishop -Amari Rezoning Application, provided that the proffers include the following: 1. Proffer language guiding / restricting the materials and architectural styles to be allowed within the project. ill O l E'♦ +.�. \e'- i u S ' 2_. - i 1, -..t 2. i f ti.el l�:i:�g,:.1age f.r a.:`n�1l,ag l�j.� u � C.'- L1.iiii, f.J:.e � 1rl.11 C�i1�"cL it x'11, ai. �.,�..�,CcC.I"taa u..R. ik-,Jgii- bii�: i. aiZ characteristic of traditional, local architecture. 3. Include drive-thru's in the proffered list of excluded uses. 4. Assure that, in addition to requiring that buildings be located immediately alongside the roadway, structures will have permeable surface (both doors and windows) along at least the ftr�:t floor. In addition to these recommendations, members also ackn.owiedgtd their agreement with the proffer language outlining the design and installation of a historic information kiosk. Board members were open to and pleased with the applicant's request that I3RAB members be involved In reviewing and approving the final kiosk's content and design. Pleas: contact me with any questions concerning these comments from the HRAB. Sincerely, Amber :Powers HP: Ali S Taff A LP!bad cc: Rhoda Kriz, HRAB Chair GREENWAY ENGINEERING! ,NC. a� 151 Windy Hill Lane v Winchester, Virginia 22602 Founded in 1971 March 18, 2009 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Bishop -Amari Martinsburg Pike Commercial Property Rezoning — Review A encu Comment Response Letter Dear Mike: As requested, I have prepared a comment response letter to identify the various matters considered by the Applicant during the review agency comment period for the referenced rezoning. I have incorporated information in response to each review agency item within this letter to assist you with this matter. Please note the following: VDOT Comment — March 12, 2009 Our team has been working with VDOT throughout calendar year 2008 to determine all issues necessary to mitigate the impacts associated with this project. We have conducted multiple meetings with the VDOT review team, including field meetings along the Martinsburg Pike corridor to determine appropriate geometric design parameters and improvements to existing conditions including the provision of a second thru lane and continuous right turn lane on Martinsburg Pike, a future left turn lane, a free flowing right turn lane and raised median on Old Charles Town Road. Additionally, an inter -parcel access drive, 5 -foot wide pedestrian sidewalks, and right-of-way dedication satisfactory for the future development on an urban four -lane divided road section on Martinsburg Pike has been provided. This effort has resulted in a positive comment from VDOT for the build out of this property. FCSA Comment — November 11, 2008 Our team has been working with the FCSA Engineer to discuss various matters to ensure that water and sewer demands are met for this project. A 16 -inch water line adjoins this site, which has adequate volume and pressure for the proposed commercial development. The proposed commercial development has been modeled for sewer demand and the property owners have worked with the Easy Living Associates property owners to obtain permission to extend sanitary sewer from this site to their approved pump station, which Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project 49285/EAW www.greenwayeng.com will direct effluent to the existing sewer force main. The FCSA Engineer noted that the sewer lines shown on the Water and Sewer Lines Map were inaccurate; therefore, this map has been amended to reflect current conditions. FWSA Comment — November 17, 2008 The proposal for public sewer service will direct effluent to the Opequon Wastewater Treatment Facility. FWSA has provided an approved comment for this rezoning request. Building Inspections Comment — November 21, 2008 A paragraph entitled Existing Conditions has been incorporated into the March 16, 2009 Impact Analysis Statement to acknowledge the Building Inspections comments pertaining to necessary inspections and permits prior to the demolition of existing structures on the subject properties by the Applicant. Public Works Comment — January 27, 2009 Item 1 — The Impact Analysis Statement has been revised to address the disposition of drain fields and well serving the existing residential structures when the site is developed for commercial land use. Item 2 — The Impact Analysis Statement has been revised to expand on soil types to identify the underlain karst geology and to identify that geotechnical analysis will be required to determine the existence of features and mitigation of those features prior to the development of the site for commercial land use. Item 3 — The Impact Analysis Statement has been revised to ensure that existing drainage structures are analyzed to verify their adequacy to accommodate the storm water management design during the Site Development Plan review process. Winchester Regional Airport Comment — February 3, 2009 The Executive Director of the Winchester Regional Airport has identified that there are no impacts and has provided an approved comment for the rezoning request. Fire and Rescue Comment — November 17, 2008 The Assistant Fire Marshal has provided an approved comment for the rezoning request. Project 4928S/EAW 2 Clear Brook Volunteer Fire and Rescue Comment A complete rezoning application packet was provided to the Clear Brook Fire Chief on November 10, 2008. Greenway Engineering has been unsuccessful in efforts to obtain formal comments from this review agency. The Planning Department has determined that it is appropriate to proceed with this rezoning application based on the approved comment received from the County Assistant Fire Marshal. Historic Resources Advisory Board Comment — January 26, 2009 The HRAB recommended that the Applicant proffer language guiding materials and architectural styles that reflect local architecture in the area of the project, prevent corporate trademarks, exclude drive-thrus and orient buildings along Old Charles Town Road that include doors and windows on the first floor of structures facing the roadway. The Applicants' proffer statement provides design standards that attempt to address several of these recommendations as follows: Proffer C(1) requires building placement along Martinsburg Pike and Old Charles Town Road and prohibits parking lots and travel aisles between these structures on the public streets. This proffer is intended to ensure that the viewshed from Old Charles Town Road is oriented towards structures. The prohibition of parking lots and travel aisles between these structures on the public streets will ensure that drive-thrus are not visible from the viewshed along Old Charles Town, but does not specifically prohibit drive-thru development if creative design can accomplish this. Proffer C(5) restricts building materials and requires that these materials are utilized on all building walls and roof systems. Greenway Engineering conducted an inventory of all existing land uses on Martinsburg Pike between Interstate 81 Exit 317 and Exit 323 to determine local architecture of the area. This analysis determined that the primary building materials for the majority of residential, church, government (post office) and commercial land uses were brick walls and shingled gabled roofs; however, the commercial rooflines were predominately flat with parapet walls. Additionally, heavy commercial land uses were predominately metal building or concrete block, which have been prohibited by the proffer statement. Therefore, the building materials proffered are consistent with existing local architecture within the geographic area of the County. There is not a proposed commercial user at this time; therefore, it is not practical to proffer specifics such as door and window treatments at this time. Proffer C(6) and C(8) are provided to address the screening of mechanical equipment and gasoline canopies to ensure that the viewshed from Old Charles Town Road is protected. Proffer C(9) is provided to further reduce signage from the recently adopted County sign ordinance. This new ordinance was determined appropriate by the County and the Project 4928SIEAW 3 business community; therefore, further restrictions to signage should be viewed as a positive design commitment by the property owners. Proffer C(3) is provided to assist in recognizing the local history of the area, as well as other community information that will be beneficial to travelers and residents of the community. Greenway Engineering has worked with the HRAB Chair to determine the appropriate design standards for this kiosk. Countv Attorney Comment —January 15, 2009 Item 1 — The Planning Department does not recommend the restriction of additional commercial land uses above those proffered by the property owners. Item 2 — The proffer statement has been modified to incorporate the revisions recommended by the County Attorney. These revisions are reflected in Proffer Sections B(1), B(3), and B(6) of the March 16, 2009 Proffer Statement. Item 3 — The proffer statement has been modified to incorporate the revisions recommended by the County Attorney. These revisions are reflected in Proffer Sections B(7), and D of the March 16, 2009 Proffer Statement. Item 4 — The proffer statement references occupied commercial structures to differentiate commercial structures from structures that could potentially accommodate gasoline canopies and gasoline pumps. Item 5 — The proffer statement provides landscaping in addition to the required parking lot landscaping should this be necessary to screen parking lots from the public street, as well as additional landscaping between the inter -parcel access drive and tax parcel 44- (A)-42. This is only a 2.7± acre site; therefore, the landscaping features will be provided on the Site Plan for the future commercial development. The installation of the landscaping associated with the inter -parcel access drive will be identified on this site plan as a requirement and will be installed following the development of the inter -parcel access drive to ensure the viability of the landscaping materials. The County will require site improvements to be bonded; therefore, the County is protected and has assurance that this landscaping will be provided. Item 6 — The proffer statement has been modified to incorporate the revisions recommended by the County Attorney. These revisions are reflected in Proffer Sections C(2) and C(3) of the March 16, 2009 Proffer Statement. Item 7 — The proffered signage requirements is Proffer Section C(9) are more restrictive than those provided in Section 165-30(G) and 165-30-(H) of the Frederick County Code. Project 4928S/EAW 4 Item 8 — This Proffer Statement and the Special_ Lim Power of Attorney documents have been signed by the property owner and notarized. The Rezoning Application has been signed by the property owner and Greenway Engineering as the applicant. County Transportation Planner Comment — December 31, 2009 Item 1 — The proffered Road Improvement Exhibit dated March 16, 2009 establishes the commercial entrance on Old Charles Town Road at the eastern most portion of the subject property as permitted by the County Code. Item 2 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes a right-in/right-out access only on Martinsburg Pike and does not allow for left turn movements at this access point. Item 3 — The proffered Road Improvement Exhibit dated March 16, 2009 establishes an inter -parcel access drive. Section B(5) of the Proffer Statement further describes this improvement to ensure construction and accessibility from adjoining properties. Additionally, Section B(2) of the Proffer Statement provides assurance for median control on Martinsburg Pike if deemed necessary by VDOT and the County. This language is acceptable to the Planning Department. Item 4 — The proffered Right of Way Dedication Exhibit dated March 16, 2009 establishes right-of-way necessary to accommodate the planned improvements to Martinsburg Pike and Old Charles Town Road, which has been determined to be acceptable to VDOT. Item 5 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes five- foot sidewalks along Martinsburg Pike and Old Charles Town Road. The planned bicycle and pedestrian facility along Martinsburg Pike will be located on the west side of the corridor. Item 6 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes a free flowing right turn lane on Old Charles Town Road, as well as a raised median at the intersection with Martinsburg Pike. Item 7 - The proffered Road Improvement Exhibit dated March 16, 2009 identifies that the proposed lane striping plan will be approved by VDOT. Item 8 — The Bishop -Amari property is providing a significant amount of road improvements to accommodate the future needs identified by VDOT and the County at great expense to the project. This 2.7± acre project site cannot sustain the additional burden of funding traffic signalization that is already proffered by the Snowden Bridge project. VDOT has the authority to execute the traffic signal agreement for the traffic signalization proffered by Snowden Bridge and have this improvement installed should warrants exist in advance of impacts created by the Snowden Bridge project. Project 49285/EAW 5 Item 9 - The Bishop -Amari property is providing a significant amount of road improvements to accommodate the future needs identified by VDOT and the County at great expense to the project. The only recommended improvement that has not been proffered by this project involves the second northbound travel lane on Martinsburg Pike to the south of the intersection with Old Charles Town Road. The 2.7± acre project site cannot sustain the additional costs associated with the second northbound travel lane that is south of the project site. County Planner Comments — December 31, 2008 Land Use The business corridor expectations of the Comprehensive Plan have been met through the transportation improvements provided by the 2.7± acre project site. Extensive design standards have been proffered to mitigate impacts to the DSA located on the south side of Old Charles Town Road. Transportation Item 1 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes a free flowing right tum lane on Old Charles Town Road, as well as a raised median at the intersection with Martinsburg Pike. Additionally, Section B(2) of the Proffer Statement provides assurance for median control on Martinsburg Pike if deemed necessary by VDOT and the County. This language is acceptable to the Planning Department. Item 2 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes a right-in/right-out access only on Martinsburg Pike and does not allow for left tum movements at this access point. Additionally, Section B(2) of the Proffer Statement provides assurance for median control on Martinsburg Pike if deemed necessary by VDOT and the County. This language is acceptable to the Planning Department. Item 3 — The proffered Road Improvement Exhibit dated March 16, 2009 establishes an inter -parcel access drive. Section B(5) of the Proffer Statement further describes this improvement to ensure construction and accessibility from adjoining properties. Item 4 - The Bishop -Amari property is providing a significant amount of road improvements to accommodate the future needs identified by VDOT and the County at great expense to the project. The only recommended improvement that has not been proffered by this project involves the second northbound travel lane on Martinsburg Pike to the south of the intersection with Old Charles Town Road. The 2.7± acre project site cannot sustain the additional costs associated with the second northbound travel lane that is south of the project site. Item 5 - The proffered Road Improvement Exhibit dated March 16, 2009 establishes five- foot sidewalks along Martinsburg Pike and Old Charles Town Road. Project 49285/EAW 6 Proffer Statement Item 1 — The Applicant has proffered a Road Improvement Exhibit dated March 16, 2009, which provides for the major infrastructure commitments associated with the development of the 2.7± acre project site. There is not a know commercial user at this time; therefore, the only additional information that could be gleaned from a GDP is the general location of parking lot area and building area. The proffer statement commits to building placement along the public roads and prohibits parking lots and travel aisles between these building and the public streets. Therefore, the ultimate design of this project site should be acceptable at this level of the process. Item 2 — Additional detail regarding landscaping has been provided in the proffer statement. Item 3 — The proffer statement has been revised to direct the proposed monetary contributions to the County and specifies that these will be for the purpose of County Fire and Rescue services. Item 4 - This Proffer Statement and the Special Limited Power of Attorney documents have been signed by the property owner and notarized. The Rezoning Application has been signed by the property owner and Greenway Engineering as the applicant. General Item 1 - The Proffer Statement provides extensive design controls for structural materials, rooflines, screening of gasoline canopies, lighting and signage that have been proposed to mitigate viewshed impacts, particularly along Old Charles Town Road. Item 2 — Greenway Engineering has worked with the HRAB Chair to determine the appropriate design of the historic information kiosk, which has been incorporated into Proffer Section C(3). Item 3 - The older existing residence on the subject site will be demolished when this site is developed commercially. The location of this structure is in conflict with the future development of the property and the age and construction of the structure does not lend itself towards rehabilitation and relocation within the project site. Item 4 — Consideration will be given to develop the canopy of the gasoline pumps with similar materials used in the occupied structure rooflines if gasoline pumps are realized on the project site and this meets all applicable development codes. Item 5 — The few mature trees located on the 2.7± acre site are situated centrally to the site and will be removed as they will be in conflict with required parking and travel aisle areas associated with the commercial development. Project 49285/EAW 7 I hope that this comprehensive comment response letter for all review agency comments is beneficial in explaining the information that has been incorporated into this project, as well as the reasons for exclusion of some of these matters. It should be apparent that the Applicants have made a significant effort in incorporating the majority of these suggestions into the development information and development program that will provide high standards for a small commercial site that will mitigate viewshed impacts to the DSA area located on the south side of Old Charles Town Road. Please do not hesitate to contact me if you have any questions regarding this information, or if I may provide you with any additional information at this time. Sincerely, Evan att, AICP Greenway Engineering Cc: Greg Bishop Tom Amari Review Agencies 8 Project 49285/EAW r� Ir -5e 77 Founded in 1971 ORFENWAY ENGINEERING, ffle. 151 Windy Hill Lane Winchester, Virginia 22602 November 17, 2008 McKee & Butler, P.L.C. Attn: Ed Yost 112 South Cameron Street Winchester, VA 22601 RE- Bishop/Amari Sewer Easement and Pump Station Access Dear Ed: I appreciate your willingness to continue to meet with me and discuss the information pertai:iing to the Bishop/Amari Property Sanitary Sewer Study prepared by our firm. As you know, Greg Bishop and Tom Amari own a 2.7 -acre parcel (tax parcel 44-((A))-43) at the intersection of Martinsburg Pike and Old Charles Town Road across from the Easy Living Mobile Home Park and the Westfield Business Park. The owners are interested in rezoning this property as a commercial corner and will need to provide public sewer to the property. The purpose of this letter is to request a confirmation signature from the Easy Living Associates Group indicating that you are in agreement to grant a utility easement across your property for the purpose of extending a sewer line from tax parcel 44-((A))-43 that will connect to the future pump station designed on your property. The owners of the Bishop/Amari property recognize that this easement would be established solely for tax parcel 44-((A))-43 and that they are not entitled to have others join into this project. Additionally, the owners of the Bishop/Amari property recognize that your confirmation signature is to agree to grant this easement once all applicable terms are negotiated. On behalf of the owners of the Bishop/Amari property, I would like to thank you for working with us on this development proposal. Please contact me if you have any questions, or when the signed letter is available and we will pick it up. Sincerely, Evan att, AICP Greenway Engineering Easy Living Asso es Signature Da e Easy Living Associates' signature above confirms that the information in this letter is accurate. Project #4906 Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com CAMPBELL STEP IeZoning — Bishop& Arne'.7 r P over 'hy AAAj Rezoning # 02 - 09 UTS EN7�I C PIN: 44-A-43 We 0 100 200 400 Feet r 44B , 2 EASY;1•IpING AS t 44B 1 1 Of SHIRLEY PROPERTIES LLC �� 44 A 46_ DT SHIRLEY PROPERTIES LLC oR/`/'/ - aA A 43 s A BISHOP Q.EGORYA , '► '�\ ♦ V441 W. 'CUTSHAWlENTERPRiSES LC 4 - � `��'.gCp,t.ygR` •� r �.,, '. 'del 0 . ♦. wNRO i4 4A 40 SLAUGHTER JUDITH MCCANN Case Planner: Mike Future R137 Bypass Zoning Mz (Industdat, General District) Application BA (Business, Neighborhood District) MHI (Mobile Hume Community District) Buildings B2 (Business, General DisfrisQ MS (Medical Support District) Urban Development Area 4W B3 (Bnsiness, Industrial Transition District) R4 (Residential Planned Community District) SWSA EM (Eytractiye Manufacturing District) 440 R5 (Residential Recreational Community District) HE (Higher Education District) ( _tel RA (Rural Arca District) MI (Industrial, Light District) RP (Residential Performance District) (P.'+. �.12ii�. Dov ,sw 12; , -. I .,'. PM Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 5, 2009 Revised March 16, 2009 BISHOP-AMARI PROPERTY PROFFER STATEMENT REZONING: RZ# oa-rb'i Rural Areas District (RA) to Business General District (B2) PROPERTY: 2.77 acres± Tax Parcel #44-((A))-43 (here -in after the "Property") RECORD OWNER: Gregory A. Bishop and Thomas Amari APPLICANT: Gregory A. Bishop and Thomas Amari (here -in after the "Applicants") PROJECT NAME: Bishop -Amari Property ORIGINAL DATE OF PROFFERS: October 27, 2008 REVISION DATE: March 16, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application OQ-d for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77± -acres of B-2, Business General District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Gregory A. Bishop and Thomas Amari, being all of Tax Map Parcel 44-((A))-43, and further described by Boundary Survey Plat prepared by Marsh & Legge Land Surveyors, P.L.C., dated May 24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument #080005787 in the Frederick County Clerk of Courts Office. File #4906/EAW Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 5, 2009 Revised March 16, 2009 PROFFER STATEMENT A.) band Use Restrictions 1. The Applicants hereby proffer to limit commercial structure development to a maximum of 20,000 square feet within the Property. It is recognized that gasoline canopies and gasoline pumps are excluded from the 20,000 square feet total identified in this section. 2. The Applicants hereby proffer to limit restaurant land use to 5,000 square feet of the maximum 20,000 square feet identified in Section A(1) of the proffer statement, and to limit gasoline pumps to a maximum of 16 pumps to ensure consistency with the traffic impact analysis prepared for this rezoning application. 3. The Applicants hereby proffer to prohibit the following land uses within the Property: Communication Facilities SIC 48 Truck Stops SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Miscellaneous Repair Services SIC 76 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated B.) Transportation Enhancements 1. The Applicants hereby proffer to improve the Martinsburg Pike (Route 11 North) corridor along the frontage of the Property to implement the future planned urban four -lane divided typical section. This proffered improvement includes widening of the existing northbound travel lane to include a second thru lane, a separate continuous right -turn lane, curb and gutter, and sidewalk along the entire frontage of the Property. The proffered improvements along the Martinsburg Pike frontage of the Property are depicted on the attached Bishop -Amari Property Road Improvement Exhibit prepared by Greenway Engineering, dated March 16, 2009. The Applicants proffer to construct, or cause for the construction of this improvement prior to the issuance of an occupancy permit associated with the development of the first Site Plan approved for the Property. The striping plan File #4906/EAW 2 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 5, 2009 Revised March 16, 2009 indicated on this attached proffered exhibit shall be determined by VDOT during review of the first Site Plan for the property to ensure safe and efficient traffic movement on the Martinsburg Pike corridor. 2. The Applicants hereby proffer to restrict access to the Property along the Martinsburg Pike frontage to one right -in and right -out entrance only. The right - in and right -out access shall be designed to prohibit left turn movements into the Property, which shall require approval by VDOT and Frederick County. The Applicants proffer to construct, or cause for the construction of this improvement prior to the issuance of an occupancy permit associated with the development of the first Site Plan approved for the Property. Additionally, the Applicants agree to provide for left turn control measures on Martinsburg Pike at this entrance after construction if VDOT determines that the installed right -in and right -out entrance design does not adequately prohibit left turn movements into the Property. 3. The Applicants hereby proffer to improve Old Charles Town Road (Route 761) along the frontage of the Property. This proffered improvement includes widening of the existing westbound travel lane to include a second future left turn lane, a separate continuous free-flowing right turn lane, a raised concrete median near the Martinsburg Pike intersection to separate the left turn lane and the free- flowing right turn lane, curb and gutter, and sidewalk along the entire frontage of the Property. The proffered improvements along the Old Charles Town Road frontage of the Property are depicted on the attached Bishop -Amari Property Road Improvement Exhibit prepared by Greenway Engineering, dated March 16, 2009. The Applicants proffer to construct, or cause for the construction of this improvement prior to the issuance of an occupancy permit associated with the development of the first Site Plan approved for the Property. The striping plan indicated on this attached proffered exhibit shall be determined by VDOT during review of the first Site Plan for the property to ensure safe and efficient traffic movement on the Old Charles Town Road corridor. 4. The Applicants hereby proffer to limit the number of entrances to the Property that intersect Old Charlestown Road (Route 761) to provide for one full commercial entrance that is designed to provide for separated left and right turn lanes exiting the Property. 5. The Applicants hereby proffer to provide for an inter -parcel parking lot access drive located a minimum of 25 feet from the eastern Property line to allow for access to tax map parcel 44-((A))-42 and tax map parcel 44-((A))-47. The Applicants proffer to construct, or cause for the construction of this improvement prior to the issuance of an occupancy permit associated with the development of the first Site Plan approved for the Property. Additionally, the Applicants will provide the County with a copy of the recorded deed of easement document allowing ingress/egress to these properties as a condition of final Site Plan approval. It is recognized that the location of this inter -parcel parking lot access drive can be relocated to allow for a shared agreement between the Property and File #4906/EAW 3 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 5, 2009 Revised March 16, 2009 tax parcel 44-((A))-42 without the need for conditional zoning approval, provided that the relocation provides for inter -parcel access to tax parcel 44-((A))-47 along with ingress/egress documents determined to be acceptable to Frederick County. 6. The Applicants hereby proffer to dedicate right-of-way to the Commonwealth of Virginia on the Property sufficient to accommodate the transportation improvements specified in Section B(1) and Section B(3) of this proffer statement. The proffered variable right-of-way dedication on the Property is depicted on the attached Bishop -Amari Property Right Of Way Dedication Exhibit prepared by Greenway Engineering, dated March 16, 2009. 7. The Applicants hereby proffer to provide a monetary contribution of $5,000.00 that may be applied towards right-of-way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County prior to the issuance of an occupancy permit associated with the development of the first Site Plan approved for the Property and may be utilized by Frederick County as local match funding for any applicable transportation improvement or enhancement application associated with the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). C.) Site Design Controls 1. Building Placement. The Applicants hereby proffer to orient all occupied commercial structures along Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 761) and to prohibit parking spaces and travels aisles between all occupied commercial structure frontages and adjoining public streets. 2. Plaza Area. The Applicants hereby proffer to develop a plaza area that will be a minimum of 2,000 square feet and will be constructed adjacent to occupied commercial structures. The plaza area will be constructed during the development of the first Site Plan approved for the Property. 3. Historic Information Kiosk. The Applicants hereby proffer to develop a kiosk that will be located on the plaza area, which will be constructed during the development of the first Site Plan approved for the Property and utilized as an information center for historic features within the File #4906/EAW 4 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 5, 2009 Revised March 16, 2009 community and other community information. The kiosk will be a minimum of eight feet in height with a canopy cover and will provide for a message center that is a minimum of 24 square feet in area. The Applicants will work with the Frederick Countv Historic Resources Advisory Board (HRAB) in the development of historic information that will be displayed in the kiosk. 4. Building Height. The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet in height. 5. Construction Materials. The Applicants hereby proffer to utilize similar development themes and similar construction materials on all walls and roofs for all occupied commercial structures. The principal construction materials shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. 6. Rooflines. The Applicants hereby proffer that all occupied commercial structures shall be designed with roof systems that are designed to screen mechanical equipment from view of adjoining public streets. 7. Building Lighting. The Applicants hereby proffer to restrict lighting along adjoining public streets to building mounted lighting fixtures and ground lighting fixtures. Additionally, the applicant further proffers to restrict pole mounted lighting fixtures within the parking lot area to a maximum of twenty-five (25) feet in height and will design all pole mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed downward. 8. Gasoline Fueling Islands. The Applicants hereby proffer to restrict the placement of any gasoline fueling islands and canopies so they are located behind occupied commercial structures. Additionally, the Applicants proffer that the gasoline fueling island canopy will be at a height lower than the roofline of the occupied commercial structures located along Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property located on the south side of Old Charles Town Road. File #4906/EAW 5 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 5, 2009 Revised March 16, 2009 9. S ignage. The Applicants hereby proffer to limit the number of freestanding business signs to one sign along each public street frontage. Additionally, the Applicants proffer to limit the freestanding business signs to a maximum of 12 feet in height and a maximum of 75 square feet. 10. Buffers and Screening. The Applicants hereby proffer to provide landscape screening to mitigate the viewshed between parking areas and public streets. This landscaping shall consist of a combination of evergreen trees that are a minimum of four feet in height at planting and shrubs that are a minimum three (3) gallon at planting and shall be oriented not to impact required sight distance at the commercial entrances on public streets. Additionally, the Applicants proffer to develop a landscape screen between the inter - parcel parking lot access drive and tax map parcel 44-((A))-42. This landscape screen shall consist of a single row of evergreen trees that are a minimum of four feet in height at planting and are planted on 10 -foot centers. It is recognized that this landscape screen can be relocated to the west side of the inter -parcel parking lot access drive to accommodate a shared agreement with tax map parcel 44-((A))-42 as allowed in Section B(5) of the proffer statement. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $0.10 per square foot of developed commercial structural area for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the building permit for any commercial structural area developed on the Property. File #4906/EAW 6 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 5, 2009 Revised March 16, 2009 E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. in the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Date: Commonwealth of Virginia, Ci /County f FVedcvq c L To Wit: The foregoing instrument was acknowledged before me this2&&Fday of H c- ✓<i 20-�q by (ilb �vtCS r�1G �i Vv1��t,� My Commission Expires 2 ( Za 120 i z � 2-q (o 10 � File #4906/EAW C4,. V�e Notary Public ED MEDIAN Re A- 781 T.M. 44-A-47 \--APPROX. ENTRANCE LOCATION (RICHT IN / RIGHT OUT) SEE PROFFER SECTION 13(2) FOR CONSTRUCTION DETAILS CON LE TL(S). CONT. LEFT TL (WE) THRU LANE (EB) - APPROX. LOCATION OF INTER -PARCEL CONNCETION ACCESS SEE PROFFER SECTION 13(5) FOR CONSTRUCTION DETP!L S PROPOSED PAVEMENT EXISTING PAVEMENT 60 30 O 60 120 LANE STRIPING PLAN TO BE APPROVED BY VDO T 7w,—W _iit—wli ' ■ 5GALE: 1 " = 60' DATE: MARCH 16, 200 SCALE: 1" = 60' DESIGNED BY:EAW/JNT JOB NO. 4906 SHEET 1 OF T.M. 44-A-42 � �t u Lu x iI CL W 0 A I— z �z w � LLJ U) r ® U a CL a Q RIGHT TL CL a THRU LAN[ (WB) LANE lEB) _ __ ._� THRU 0 PROPOSED PAVEMENT EXISTING PAVEMENT 60 30 O 60 120 LANE STRIPING PLAN TO BE APPROVED BY VDO T 7w,—W _iit—wli ' ■ 5GALE: 1 " = 60' DATE: MARCH 16, 200 SCALE: 1" = 60' DESIGNED BY:EAW/JNT JOB NO. 4906 SHEET 1 OF RAISED MEDIAN 1 LINE BEARING DISTANCE L21 -§--4-5- 40'10 " E 272.5127' L22 S 31'06'24" W 247.8968' C2 -3 -N 70'22'03" W 83.2250' U -4-N--69-57'52" W 60.0178' 125 N 69'51'48" W 52.4827' L26 N 69'23'53" W 93.0045' L27 N 65'50'48" W 33.2040' C2 -8 --JN �0 64'52'53" W 20.6730' L29 N 62'30'15" W 17.3127' L30 N 60'30'09" W 11.3844' L31 N 57' 17'49" E 20.6739' L32 N 55'48' 17" E 25.1451' L33 N 55'58' 11 " E 23.0273' L34 N 55'5727 E 58.3133' L35 N 54'45'08" E 50.6595' L36 N 53'43' 1 1 —"E 80.8716' L37 N 52'51'09" E 84.2005' A: EX. R/W L35 P317 L31 L34 `` 5� SIDEWALK - VARIABLE RIGHT OF WAY DEDICATION 10 L29 L28 r f L27 L26 \ID \ \ L25 L24 w SIDEV1ALK L2 L37 x N N 6 Ov Lu o ILu. ZI W oC GjWw L21 2� 1�- ME X LLj U a.Q u 0— rr. �Z �0 E- �r (L w 0L z UE'1 x cc DATE: MARCH 16, 2009 50 25 O 50 100 scmz: 1"=50' DESIGNED BY EAW/JNT 5GALE: 1 " = 50' JOB NO. 4906 SHEET OF1 I1 � —PNC �' A.1 \Ti J�.L ]IN Np.l� 1 Sr �9Jl.a'1 '� 'i REZONING Frederick County, Virginia Stonewall Magisterial District Tax Parcel # 44-A-43 Aggregate Area of 2.77± acres October 279 2004 Revised March 16, 2009 Current Owner: Gregory Bishop 'Phomas Amari Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 16, 2009 BISHOP-AMARI PROPERTY REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact to Frederick County by the proffered rezoning of a 2.77± acre parcel owned by Gregory Bishop and Thomas Amari, identified as tax parcel 44-A-43. The current zoning of the 2.77± acre parcel is RA, Rural Areas District. The Applicants propose to rezone this parcel to establish 2.77± acres of B-2, Business General District to allow for the development of commercial land use within the subject property. Basic Information: Location: East side of Martinsburg Pike (U.S. Route 11) and north side of Old Charles Town Road (VA Route 761) Magisterial District: Stonewall District Property ID Numbers: 44-A-43 Current Zoning: RA, Rural Areas District Current Use: Residential Proposed Zoning: B-2, Business General District Total Rezoning Area: 2.77± acres Proposed Build Out 20,000 square feet maximum commercial land use COMPREHENSIVE POLICY PLAN Sewer and Water Service Area The 2.77± acre subject property is currently located within the Sewer and Water Service Area (SWSA); therefore, the rezoning of this property for commercial land use is appropriate based on current policy. File #4906/EAW 2 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 16, 2009 Northeast Land Use Plan The 2.77± acre subject property is a component of the Northeast Land Use Plan. This land use plan recommends the development of business and commercial land uses along the Martinsburg Pike (U.S. Route 11 North) corridor. Specifically, the Northeast Land Use Plan recommends new commercial business development as a future land use at the intersection of Martinsburg Pike and Old Charles Town Road. The language guiding land development within this plan states that the development of business and commercial land use is encouraged at designated signalized road intersections and further encourages business and commercial uses to provide inter -parcel connectors to enhance accessibility between uses and reduce disruptions to primary and secondary road systems. The subject property is located at a planned signalized road intersection that has been proffered to be installed by the Snowden Bridge project. Additionally, the Applicants' Proffer Statement provides for the construction of an inter -parcel access drive along the eastern property line to allow for access to tax map parcel 44-((A))-42 and tax map parcel 44-((A))-47. Therefore, the proposed commercial rezoning is consistent with the policies guiding future land use development within this area of the County. SUITABILITY OF THE SITE Floodplains The 2.77± acre subject property is located on FEMA NFIP Map #510063-0105 B. This map delineates the subject property as a Category C — Area of Minimal Flooding. The FEMA NFIP map identifies floodplain areas associated with Hiatt Run, located on the south side of Old Charles Town Road (Route 761); therefore, the subject site is not impacted by floodplain area. (Please refer to the Environmental Features Map Exhibit.) Wetlands The 2.77± acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map, as well as information from the Frederick County GIS Database. No evidence of wetlands features and vegetation is present on the property; therefore, the subject site is not impacted by wetland areas. (Please refer to the Environmental Features Map Exhibit.) Steffi Slopes The 2.77± acre subject property is predominately a level site with slopes ranging from 2 to 7 percent; therefore, the subject site is not impacted by areas of steep slope. (Please refer to the Environmental Features Map Exhibit.) File #4906/EAW 3 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 16, 2009 Woodlands The 2.77± acre subject property contains several mature hardwood trees located in the proximity of the existing residential structures; however, the property does not contain areas of mature woodlands. The existing vegetation will be removed during construction of the commercial development; however, the site will be replanted to accommodate parking lot landscaping and buffer and screening landscaping. Soil Types The Soil Survey of Frederick County, published by the. USDA Soil Conservation Service was consulted to determine soil types contained in this tract. The subject site contains the following soil types: 39B — Swimley Silt Loam: 2-7% slope The Swimley Silt Loam soil type located within the 2.77± acre subject property is classified as prime farmland soil. The soil type on this property is suitable for commercial development and has moderate shrink -swell potential. The soil's characteristics are similar to the soil type found on developed properties north of the subject site. Additionally, the project site is underlain by karst geology, which has the potential for sinkhole development. The property owners will ensure that geotechnical analysis is conducted on the subject property during construction of the commercial development to determine if sinkholes exist. If this is the case, the geotechnical engineers will work with the County Engineer to ensure that these features are adequately mitigated. Other Environmental Features The 2.77± acre subject property does not contain areas of lakes, ponds or natural storm water retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints for the proposed commercial land use on this site. Existing Conditions The 2.77± acre subject property has two residential structures that are currently rented by the property owners. Both residential structures will be removed when the subject property is developed commercially. The property owners will ensure that all necessary inspections (including asbestos) are conducted, and that all required permits are obtained from the County prior to the removal of these structures. The existing drain fields and wells that are utilized by the two residential structures will not be utilized when the File #4906/EAW 4 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 16, 2009 subject property is developed commercially. The elimination of the drain fields and closure of the wells will be accomplished in conjunction with applicable Health Department requirements when the subject property is developed commercially. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RA, Rural Areas District Use: Residential South: Zoned RA, Rural Areas District Use: Unimproved East: Zoned: M-1, Light Industrial District Use: Unimproved West: Zoned: RA, Rural Areas District Use: Unimproved Zoned: M-1, Light Industrial District Heavy Commercial TRANSPORTATION The 2.77± acre subject site has approximately 440' of frontage along Martinsburg Pike (U.S. Route 11) and approximately 450' of frontage along Old Charles Town Road (Route 761). A Traffic Impact Analysis (TIA) has been prepared for the rezoning application by PHR&A dated October 15, 2008. The TIA modeling assumes a full commercial entrance along Old Charles Town Road and a right-in/right-out commercial entrance along Martinsburg Pike. The TIA provides information pertaining to existing lane geometry and levels of service at the intersections, accounts for background traffic associated with other planned projects, includes an average annual traffic increase on Martinsburg Pike and Old Charles Town Road, and accounts for a mix of commercial development on the 2.77± acre site including retail, restaurant and convenience store with gasoline pumps. The TIA utilizes traffic volumes from the 7`i' Edition of the Institute of Traffic Engineers (ITE) Trip Generation Report for this site along with a growth rate of two percent (2%) compounded annually and vehicle trips relating to future developments including Rutherford Crossing, FEMA, Snowden Bridge, Semples, North Stephenson and the Adams Commercial Center to calculate the 2010 build out conditions. The TIA demonstrates that the intersection of Martinsburg Pike and Old Charles Town Road will operate at a deficient level of service assuming background traffic impacts. The TIA further identifies that the 2.77± acre site will generate 6,524 vehicle trips per day at total build out in addition to the background traffic volumes. The TIA identifies proffered improvements associated with the Snowden Bridge development, which include traffic signalization at the intersection of Martinsburg Pike s File #4906/EAW Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 16, 2009 and Old Charles Town Road, a northbound right turn lane on Martinsburg Pike, and a separated right and left turn lane on Old Charles Town Road. The TIA demonstrates that these proffered improvements result in a deficient level of service at the intersection of Martinsburg Pike and Old Charles Town Road during the PM peak hour and suggests that the provision of an additional northbound through lane on Martinsburg Pike is needed to bring the intersection to an acceptable level of service. The TIA demonstrates that the additional traffic associated with the development of the 2.77± acre site further decreases the level of service at the intersection of Martinsburg Pike and Old Charles Town Road during the AM peak hour. The TIA recommends that in addition to the northbound through lane on Martinsburg Pike, there will need to be a dual left turn lane on Old Charles Town Road to facilitate turning movements onto Martinsburg Pike when the network is fully developed and the background development projects are constructed. The Applicants have considered the impacts associated with the rezoning of the 2.77± acre site as demonstrated by the October 15, 2008 TIA. The Applicants have prepared a proffer statement that is intended to address their impacts, as well as assist with impacts created by background development projects. The proffer statement provides for the widening of Martinsburg Pike (U.S. Route 11 North) to include new pavement for a second northbound thru lane along the entire property frontage and a continuous right - turn lane from the intersection of Old Charles Town Road to the right-in/right-out entrance; the widening of Old Charles Town Road (Route 761) to provide new pavement for a future second left -turn lane at the intersection of Martinsburg Pike and a continuous free flowing right -turn lane along the entire property frontage and raised median control at the Martinsburg Pike intersection; the provision of an inter -parcel parking lot access drive to support ingress and egress to adjoining parcels; the provision of 5 -foot wide sidewalks along Martinsburg Pike and Old Charles Town Road; right-of-way dedication to VDOT sufficient to accommodate the planned urban four -lane divided typical section on Martinsburg Pike and the planned urban collector typical section on Old Charles Town Road; and a monetary contribution for future improvements associated with the realignment of Hopewell Road and Brucetown Road (Route 672) that can be utilized as matching funds by the County. The Applicants' proffer statement commits to the implementation of these improvements in conjunction with the first site plan approved for the 2.77± acre site; therefore, this proposal mitigates transportation impacts associated with this request and assists in the mitigation of transportation impacts created primarily by background traffic generation through the Martinsburg Pike corridor. SEWAGE CONVEYANCE AND TREATIVIENT The 2.77± acre subject property is located within the Route 11 North Sewer and Water Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) developed an 8 -inch sewer force main adjacent to the Winchester and Western Railroad to provide sewer transmission from this area of the County to the Opequon Water Reclamation Facility (OWRF) located on Berryville Pike (U.S. Route 7). The 2.77± acre subject property will be designed to direct sewage flows to an approved sewer pump station that File #4906/EAW 6 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 16, 2009 will be developed on the Easy Living Mobile Home Park property, which will flow to the 8 -inch sewer force main. The Applicants have worked with these property owners on an agreement to allow for sewer line easements within the Westfield Business Park and Easy Living Mobile Home Park properties to access the approved sewer pump station. The Applicants have not defined a specific use for the 2.77± acre subject property. Therefore, based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 500 gallons/day per acre is a reasonable guide for estimating the sewer impact for this commercial site. Q = 500 gallons/day/acre Q = 500 gpd x 2.77 acres Q = 1,385 gpd The proposed commercial center is estimated to add 1,385 gallons per day to the public sewage conveyance system and the Opequon Water Reclamation Facility (OWRF). The design capacity of the treatment plant is 8.4 million gallons per day (MGD) during summer months and 16.0 MGD during winter months. Approximately 6.8 MGD of this capacity is currently being utilized at the OWRF; therefore, the build -out of 2.77± acre subject property would require approximately 0.08% of the available capacity at this facility. This information demonstrates that the 2.77± acre subject property can be developed with adequate sewer service. WATER SUPPLY The 2.77± acre subject property is located within the Route 11 North Sewer and Water Service Area. (SWSA). The development of the Snowden Bridge Subdivision has established a new 16 -inch water line that follows Old Charles Town Road along the frontage of the subject property. This new water line was adequately sized to provide for transmission and pressure needed to serve land uses within the Route 11 North Sewer and Water Service Area. The Applicants have not defined a specific use for the 2.77± acre subject property. Therefore, based on existing water consumption patterns, the Frederick County Sanitation Authority (FCSA) has determined that 1,000 gallons/day per acre is a reasonable to consider for the water impact analysis for this commercial site. Q = 1000 gallons/day/acre Q = 1000gpd x 2.77 acres Q = 2,770 gpd The proposed uses will utilize an estimated 2,770 gallons of water per day. The Northern Water Treatment Plant provides 2.0 million gallons per day of potable water from the former Global Chemstone Quarry as one of the water sources contributing to the public File #4906/EAW 7 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 16, 2009 water system within the Route 11 North Sewer and Water Service Area. The projected water usage for the build -out of the subject property would require approximately 0.14% of the available capacity at this facility; therefore, this information demonstrates that adequate water capacity is available for this development. SITE DRAINAGE The 2.77± acre subject site gently slopes from the east to west towards the intersection of Martinsburg Pike (U.S. Route 11 North) and Old Charles Town Road (Route 761). There is approximately five feet to topographic relief on site; therefore, it is anticipated that storm water management will be designed within the southwestern portion of the subject site, which will then be channelized into the drainage system along Old Charles Town Road. Specific measures to accommodate stormwater quantity and quality will be address during the Site Development Plan design process to verify the adequacy of existing drainage structures and to ensure that there are not negative impacts to surrounding properties. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities 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 following figures show the increase in the average annual volume based on a maximum development of 20,000 square feet of commercial land use: AVV = 5.4 cu. Yd. Per 1,000 sq. ft. commercial AAV = 5.4 cu. Yd. x 20.0 AAV = 108.0 cu. Yd. at build out, or 75.6 tons 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 maximum development of the commercial center will generate approximately 75.6 tons of solid waste annually on average. This represents a 0.037% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently average 200,000 tons per year; therefore, this information demonstrates that the Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. Solid waste produced by the proposed commercial development will be routed to the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. File #4906/EAW 8 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Revised March 16, 2009 HISTORICAL SITES AND STRUCTURES The 2.77± acre site does not contain structures deemed to be historically significant, nor are there potentially significant st�uctUures adjacent to the subject property. The Frederick County Rural Landmarks Survey identifies Kenilworth (#34-113) approximately 3/4 mile north of the subject property Woodburn (#34-102) approximately '/2 mile southwest of the subject property. Neither of these structures are visible from the subject property; therefore, the development of this property will not negatively impact these structures or their viewsheds. The entire 2.77± acre subject property is located within the identified core battlefield area of Second Winchester-Stephenson's Depot. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this portion of the core battlefield area as "retained integrity"; however, it should be noted that there are two residents that have been developed on the subject property. The Applicants have prepared a proffer statement, which includes a section entitled Site Design Controls to mitigate potential impacts to the Second Winchester-Stephenson's Depot viewshed on the south side of Old Charles Town Road (Route 761). This section of the proffer statement includes the orientation of all occupied commercial structures along the frontage of Old Charles Town Road; the prohibition of parking spaces and travel aisles in front of the occupied commercial structures; the placement of gasoline canopies behind the occupied commercial structures; the reduction of permitted structural heights and outdoor lighting fixtures; the screening of roof -mounted mechanical equipment; and the reduction of permitted sign height and sign size. Additionally, the proffer statement commits to the placement of an information kiosk on the plaza for the development that will provide historic information as deemed appropriate by the County's Historic Resources Advisory Board (HRAB). Design standards for the information kiosk have been provided based on recommendations from the HRAB Chair to ensure that this structure is beneficial to travelers and residents of the community. Therefore, the Applicants' proffer statement provides measures to mitigate viewshed impacts to this portion of the core battlefield area. OTHERIMPACTS The rezoning and commercial development of the 2.77± acre subject property is not anticipated to negatively impact public services and will provide economic development revenue that will benefit the County. However, the Applicants' proffer statement provides a monetary contribution to Frederick County for general fire and rescue services to further mitigate impacts associated with this project. No additional impacts to County capital facilities or services are anticipated by this economic development project. File #4906/EAW 9 Environmental Features Bishop -Amari Parcel, Route 11 Nortl 656 r d , P . CD ti� f 16 IS_f r off.. Ole 10 a , e � ' psi f,.'.` ' �3 i'm.!' � i �y��' +�r»� a�2 � ail ars ?r`�d,�.l�.r':�`�� -i d` �as'.as• t�;m� � �' , 837 ya�fir>tr a mer'` ► fj�3 {e �!' d�,�yy � y $.4�� S"oJ d a�, a�'bPeiaw n /ry'_ ,�x y Mfy� `r, '��'�:Y � �� / � �� ra✓.-T��z+� .++' y�x��1M ..� 4 h'��aXX7�KJy �-J�y.� ��: �•a��M.�O W �+I.y- �� '� �.:/.aY �*� \„a S � '' % :`r � /'�A'_s's-'"y�'.�q•:�'; a+ -r'�y ?;� i✓ s a�'..� �.3!,�5�`�,rc�' ��"��+ °, .�"'-''--.�-'°°-�"' �,�i"`.7r��' `A! » 37d h° 1�s;�✓y � S ° ' a <..�•�'sK,e' >p' +>fr �� i�. r� s� ,1 ��. f :.f�>�"y ��''�aa� � ��r�';��,�`,v •a,�� Yi`�' .t OPA �.`�, ,e"."rr,�'r .r .,}�: ��:..._.*aye-r'J+r'-,y' <.av`.af�,�t.i'<a!,i`yi,,a✓w"� .�r'.� �,y+By?rs ,a = y a; le, ,,,.,.r.,5�,� a ' . . :fi .4 Feet ...j,� ,4 200 100 0 200 400_ Map Data Source: Frederick County, Va. GIS Department, April 2008 Data z I OO Ia la LLIF � ■ F - _ ■ �J .� � - s ,.,r �k O v r n J y w J w U . OC w Q rr 0 L 0 Z J Z 0< T z �r ww Q� O o� 0 2 Un 0 Z m w y, m e a V. NI_ - 646 w 646 y 63, 0 I � 6-15 645 U Z Q z U)ILw ~ z W Legend _j or Q Q > Bishop -Amari Parcel 0 � w } z _jz v Parcel Boundariesw z � C S . U z C7 O F — Streams Q w v w tl Ir Z J U p o0 Lakes & Ponds O Q a Q Wetlands > w p 0 z w w07 z Floodplain a- w 00 LL � 5 z r 5 Foot Contours U CO W m W J Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Map Data Source: Frederick County, Va. GIS Department, April 2008 Data, FCSA 2006 0 34-102 �f. Nk N` Feet 600 300 0 600 1,200 Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Historic Features Bishop -Amari Parcel, Route 11 North 34-703 34-950 4 NI - J,. Legend Parcel Boundaries Bishop -Amari Parcel Civil War Battlefields : - Stephensons Depot Landmarks 34-102 Woodburn 34-703 Helm -McCann Property 34-950 Milburn Chapel & Cemetary ■TIII «i LuI ZF U1 :JOE o% i � M z Uj UI cc0 Cl) J LU U / � Cc V I— Irr�Y 0_0 Z LU cr Z LL p N U Q V— 2 .— w� Cc r f_ 0O H frU _ CD } J,. Legend Parcel Boundaries Bishop -Amari Parcel Civil War Battlefields : - Stephensons Depot Landmarks 34-102 Woodburn 34-703 Helm -McCann Property 34-950 Milburn Chapel & Cemetary ■TIII «i LuI ZF U1 :JOE o% i � M z Uj UI cc0 Cl) J LU U / � Cc V I— Irr�Y 0_0 Z LU cr Z LL p N U Q V— 2 .— w� Cc Q� f_ 0O H frU _ CD w 2 � H Ua } zz orc Q_ T ^ VjJ z ,zrt v w U (f) C) Ow w Q > z Q w F_ m w z LL U C) IN LU UC70 Q U _0 w J U 0o 0� U) _j w a (o Q = w 0 7 Q CL W z w LL O O F w O U m o< A Traffic Impact Analysis of Bishop -Amari Parcels (Route 11/01d Charlestown Road) Located in: Frederick County, Virginia Prepared for: Mr. Thomas Amari 285 Baggess Lane, Winchester, VA 22603 Prepared by: Patton Harris Rust & Associates Eng neers. Surveyors. Planners. Landscape Architects. 10212 Governor Lane Boulevard � 1r Suite 1007 '., F+y.� Williamsport, Maryland 21795 T 301.223.4010 • F 301.223.6831 October 15, 2008 OVERVIEW Report Summary Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Bishop -Amari Parcels located along the east side of Route 11 (Martinsburg Pike), north of Old Charlestown Road, in Frederick County, Virginia. The proposed project is comprised of 15,000 square feet of specialty retail, a 16 -pumps gas station with convenience mart and a 5,000 square foot high -turnover restaurant. Access is to be provided via a right in/right out only site -driveway located along the east side of Route 11 and a full -access site -driveway located along the north side of Old Charlestown Road. The proposed development will be built -out over a single transportation phase by the year 2010. Figure 1 is provided to illustrate the location of the Bishop -Amari Parcels with respect to the surrounding roadway network. Methodology The scope of study provided in this report is based upon a scoping session with Virginia Department of Transportation (VDOT)/Frederick County staff on March 13, 2007. The traffic impacts accompanying Bishop -Amari Parcels development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the Bishop -Amari Parcels, • Distribution and assignment of the Bishop -Amari Parcels generated trips onto the study area road network, Analysis of capacity and level of service using SYNCHRO for existing and future conditions. A Traffic Impact Analysis of the Bishop -Amari Parcels October 15, 2008 RA Project Number: 15256-1-0 PHPage 1 No Scale �,ti'.1 F•epco� Aaorntaryiq � I �° �. 4- 2 - �r; . i � 0 C Stephenson f. SITE�� 4. U Cf 40 dl " N1 Figure 1 Vicinity Map: Bishop -Amari Parcels, in Frederick County, VA A Traffic Impact Analysis of the Bishop -Amari Parcels October 2 -1-0 H008 Project Number: 15256-1-0 Page 2 EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersection of US Route 11/Old Charlestown Road. ADT (Average Daily Traffic) was established along each of the study area roadway links using an assumed "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10%. Figure 2 shows the existing ADT and AN"M peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and SYNCHRO levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 1 to show the 95th percentile back of queue and levels of service for each lane group during existing conditions. A Trak Impact Analysis of the Bishop Amari Parcels RR+A October 1 -1-0 008 Project Number: 15255 6-1-0 Page 3 T P No Scale AM Peak Hour (PM Peak Hour) w Figure 2 Existing Traffic Conditions A Traffic Impact Analysis of the Bishop -Amari Parcels 008 R+A October 25 -1-0H Project Number: 15256-1-0 Page 4 No Scale Figure 3 AM Peak Hour (PM Peak Hour) Denotes Two-way Left turn lane * Denotes critical unsignalized movement Existing Lane Geometry and Levels of Service A Trak Impact Analysis of the Bishop Amari Parcels October 15, 2008 H Project Number: 15256-1-0 Page 5 Table I Bishop -Amari Parcels (Route H/Old Charlestown Road) Levels of Service and Back of Queue (95 %) Results Existing Conditions Assumed 25 reef vemcie Lengui EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Traffic Impact Analysis of the Bishop-Ainari Parcels 008 R+A October ]5, -1-0PH Project Number: 15256-1-0 Page 6 Lane AM Peak _Hour PM Peak Hour Intersection Traffic Group/ LOS Back of LOS Back of Control Approach Queue Queue WB/LR C 57.0 D 58.0 NB/TR Route 11 &Old Charlestown Unsignalized SB/L A 25.0 A 25.0 Road SB/T - -� Assumed 25 reef vemcie Lengui EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Traffic Impact Analysis of the Bishop-Ainari Parcels 008 R+A October ]5, -1-0PH Project Number: 15256-1-0 Page 6 20I0 BACKGROUND CONDITIONS PHR+A increased the existing traffic volumes (Figure 2) along Route 11 and Old Charlestown Road using a growth rate of two percent (2%) per year through Year 2010_ Additionally, all trips relating to specific future "other developments" located within the vicinity of the proposed development were included. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 2 to summarize the calculated trips associated with each of the 2010 "other developments". Figure A is provided in the Appendix section of the report to show the location of each of the background developments. Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway. Figure 5 shows the corresponding 2010 background lane geometry and AM/PM peak hour levels of service. SYNCHRO levels of service worksheets are provided in the Appendix section of this report. PHR+A has provided Table 3 to show the 95th percentile back of queue and levels of service for each lane group during 2010 background conditions. A Traffic Impact Analysis of the Bishop Amari Parcels RA PHOctober 15, 2008 Project Number: 15256-1-0 Page 7 Table 2 2010 "Other" Developments Trin Gi-nerntinn Summary Code Land Use Amount In AM Peak Hour Out Total ' PM Peak Hour In Out Total ADT Rutherford Crossing 130 Industrial Park 215,000 SF 152 33 186 44 164 208 1,814 862 Home Impr_ Superstore 117,000 SF 76 65 140 135 152 287 3,581 815 Discount Store 127,000 SF 73 34 107 321 321 643 7,115 814 Specialty Retail 187,147 SF 139 89 228 207 264 471 8,044 932 H -T Restaurant 5,000 SF 30 28 58 33 21 55 636 934 Fast Food w/ DT 4,500 SF 122 117 239 81 75 156 2,233 932 H -T Restaurant 4,800 SF 29 27 55 32 20 52 610 932 H -T Restaurant 5,500 SF 33 30 63 37 23 60 699 932 H -T Restaurant 7,200 SF 43 40 83 48 31 79 915 912 Drive-in Bank 4,100 SF 28 22 51 94 94 188 1,004 Total 725 485 1,210 1,031 1,165 2,197 26,652 Other Developments 730 FEMA 350 employees 190 24 214 86 191 277 2,713 812 Building/Lumber Store 15,000 SF 26 13 39 33 37 70 639 Total 216 37 253 119 228 347 3,352 Stephenson Village * 210 Single -Family Detached 429 units 77 232 310 255 144 399 4,290 220 Apartment 240 units 20 103 123 100 49 149 1,573 230 Townhouse/Condo 390 units 26 125 150 127 62 189 3,393 251 Elderly Housing - Detach 266 units 29 51 80 78 44 123 1,064 253 Elderly Housing - Attach 72 units 3 2 5 4 3 7 251 Total 155 513 667 564 302 866 10,570 Sempeles Property ** 130 Industrial Park 898,425 SF 459 101 559 154 580 734 5,204 820 Retail 73,500 SF 79 51 130 245 266 511 5,559 Total 538 152 689 399 846 1,245 10,763 North Stephenson (Omps Property) 110 Light Industrial 800,000 SF 752 103 855 118 863 981 5,874 Total 752 103 855 118 863 981 5,874 Adams Commercial 150 Warehousing 120,000 SF 78 17 95 19 57 75 792 151 Self -Service Storage 140,000 SF 12 9 21 18 17 35 334 710 Office 120,000 SF 191 26 217 36 177 213 1,535 812 Building/Lumber Store 25,000 SF 44 21 65 59 67 126 1,024 860 Wholesale Market 150,000 SF 41 34 75 14 17 32 1,010 Total 366 107 473 1 146 334 481 1 4,695 * Assumed Phase 1 build -out for Year 2010 ** Assumed 75% build -out for Year 2010 PHRA A Traffic Impact Analysis of the Bishop -Amari Parcels October 15, 2008 Project Number: 15256-1-0 Page 8 T No Scale' C: Figure 4 PHRA AM Peak Hour(PM Peak Hour) 2010 Background Traffic Conditions A Traffic Impact Analysis of the Bishop -Amari Parcels October 15, 2008 Project Number: 15256-1-0 Page 9 No Scale S1gnaBted "Proffered (by others Signalized "N,,Proffered Intcrsec t Imp rnrements" Interseewn Suggested 11 Signalization-C {, Impru--ts" LOS=C(>=i WB NB - I Right LOS ( i NB - I Thru �'1► ��Fj tarp, � S. °1 r SITE z rJ{'t 4' 11 a'•ol ON chest eSt�wn Rt AM Peak Hour (PM Peak Hour) Denotes Two-way Left turn lane * Denotes critical unsignalized movement nT Tr��n nl N Figure 5 2010 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of the Hishop-Aman Parcels October -0 17' -R+A Project Number: 15256-1 -0 HPage 10 Table 3 Bishop -Amari Parcels (Route I I/Old Charlestown Road) Levels of Service and Back of Queue (95%) Results 2010 Background Conditions (w/ suggested improvements) x Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thtu, R: Right Minimum queue length is assumed to be 25 feet A Traffic Impact Analysis of the Bishop Amari Parcels October 15, 2008 H Project Number: 15256-1-0 Page I 1 Traffic Control Lane Croup/ Approach AM Peak Hour PM i'eak hour 1- LOS Back of Queue LOS Back of Queue WB/L E 324.0 D 212.0 WB/R A 71.0 A 48.0 WB LOS D C Route 1 1 & Old Charlestown Road Signalized NB/T NB/T NB/R B A 146.0 25.0 _ C A 521.0 48.0 NB LOS B C SB/L AJ957.0 41.0 D 239.0 SB/T I D B 482.0 SB LOS C Overall LOS C C x Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thtu, R: Right Minimum queue length is assumed to be 25 feet A Traffic Impact Analysis of the Bishop Amari Parcels October 15, 2008 H Project Number: 15256-1-0 Page I 1 TRIP GENERATION The total trips produced by and attracted to the site were established using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 4 is provided to summarizes the trip generation results for the proposed Bishop -Amari Parcels development. Table 4 Proposed Development: Bishop -Amari Parcels (Route 11/01d Charlestown Road) ,r,;- 1 6— Cnmmary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 814 Specialty Retail 15,000 SF 31 20 50 25 32 57 679 853 Conven. Mart w\pumps 16 pumps 137 137 275 154 154 308 8,682 932 H -T Restaurant 5,000 SF 30 28 58 33 21 55 636 Sub -total 198 185 382 212 207 420 9,997 40% Pass -by (Code 853) 55 55 110 62 62 123 3,473 Total "New" Trips 143 130 273 151 146 297 6,524 TRIP DISTRIBUTION AND TRIP ASSIGNMENT PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the Bishop -Amari Parcels trips (Table 4) throughout the study area roadway network. Figure 7 show the corresponding development -generated AM/PM peak hour trips and ADT assignments. 2010 BUILD -OUT CONDITIONS The Bishop -Amari Parcels assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 show the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 9 show the corresponding 2010 build- out lane geometry and AM/PM peak hour levels of service. Tables 5a and 5b are provided to show the 95th percentile back of queue and levels of service for each lane group during 2010 build -out conditions to achieve the recommended levels of service "C" and "D", respectively. All SYNCHRO levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the Bishop -Amari Parcels PH 008 R 'A October 2 -1-0l� Project Number: 15256-1-0 Page 12 No Scale Figure 6 Trip Distribution Percentages A Trak Impact Analysis of the Bishop Amari R+A October 155,, 2008 2008 H Project Number: 15256-1-0 Page 13 I� No Scale 11 �1 a�b b �` ht•�9(8�J 4 SITE � qti 6(7) 4`- 92004) b `6,;s � (J14)I06�� 7(8) Char/eS� AM Peak Hour(PM Peak Hour) nT Tr��n Figure 7 Development -Generated Trip Assignments A Traffic Trafc Impact Analysis ofthe Bishop -Amari Parcels of the Bishop -Amari Parcels PH"+ L October 2 -1-0008 Project Number: 15Page 14 Page 14 i No Scale -I- Figure 8 PHRn AM Peak Hour(PM Peak Hour) 2010 Build -out Traffic Conditions A Traffic Impact Analysis of the Bishop -Amari Parcels October 15, 2008 Project Number: 15256-1-0 Page 15 No Scale Signaliz¢d "Pn;II rerovemend thy otherts Intersection Imp" LOS=77tF) Signalization WB, NB - I Right kN �, rd Gf J ark J 11 `Ci1� 'Qn9��rtot .59gnaUzed "Non -Proffered ntersecilon Suggested LOS=C(Cj Improvements" NB -] Thru W B - I Lefl G,1 Ib C "To achieve LOS C" Signalized "Non -Proffered Intersection Suggested :LOS=C(D) lmprovemenls" NB -t Thru �1 r/ J an "To achieve LOS D" AM Peak Hour (PM Peak Hour) Denotes Two-way Left turn lane Denotes Turn -lane per VDOT requirement * Denotes critical unsignalized movement Figure 9 2010 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Bishop -Amari Parcels 008 October R+A Project Number: PH Page 16 Table 5a Bishop -Amari Parcels (Route 11/01d Charlestown Road) Levels of Service and Back of Queue (95 %) Results 2010 Build -out Conditions (w/ suggested improvements for recommended LnS - 'C') * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound I.: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Trak Impact Analysis of the Bishop Amari Parcels P'I�A H October -0 008 Project Number: 15256-1 -0 Page 17 Lane AM Peak Hour PM Peak Hour Intersection Traffic Control Group/ Approach LOS Back of Queue LOS Back of Queue _ i WBn" WB/L D 187.0 D 146.0 WB/R A 70.0 A 52.0 WB LOS C C Route 11 & Old Charlestown Road Signalized (For LOS "C") NB/T NB/T NB/R A A 133.0 25.0 D A 563.0 71.0 NB LOS A C SB/L B 152.0 D 1 328.0 SB/T C 1 1172.0 B 364.0 SB LOS C C Overall LOS C C Old Charlestown Rd & Site- Drive #1 Unsignalized EB/LT A 25.0 A 25.0 WBIM - - - - SB/LR B 25.0 B 25.0 WB/R - - - - Route 11 &Site -Drive #2 Unsignalized Right hVOut NB/T NB/R SB/T - - - - * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound I.: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Trak Impact Analysis of the Bishop Amari Parcels P'I�A H October -0 008 Project Number: 15256-1 -0 Page 17 Tabie 5'b Bishop -Amari Parcels (Route 11/01:d Char?estown Read) Levels of Service and Back of Queue (95%) Results 2010 Build -out Conditions (w/ su=-ested improvements for recommended LOS - 'D') * Assumed 25 Leet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Traffic Impact Analysis of the Bishop -Amari Parcels October 15,2008 Page 10 -1-0 PHPA+ Project Number: 15 Page 18 Lane AM Peak Hour PM Peak Hour Intersection Traffic Control Group/ ADnroach LOS Back of Queue LOS Back of Queue WB/L F 500.0 E 377.0 WB/R A 68.0 B 92.0 WB LOS D D Route 11 & Old Charlestown Road Signalized (For LOS ("D") NB/T NB/T NB/R A A 7143.0 25.0 E A 587.0 72.0 NB LOS A D SB/L B__T 169.0 E 351.0 SB/T D 1 1216.0 B 427.0 SB LOS D C Overall LOS C D _ Old Charlestown Rd & Site- Drive #1 Unsignalized EB/LT A 25.0 A 25.0 WB/TR - - - - SB/LR 13 25.0 B 25.0 WB/R - - - - NB/T NB/R Route l 1 & Site -Drive #2 Unsignalized Right In/Out * Assumed 25 Leet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Traffic Impact Analysis of the Bishop -Amari Parcels October 15,2008 Page 10 -1-0 PHPA+ Project Number: 15 Page 18 TURN -LANE WARRANT ANALYSIS In order to determine the right -turn lane requirement along Route 11 during future (2010) traffic conditions at the study area intersections, right -turn lane warrant analyses was completed as per "VDOT Road Design Manual: Guideline for Right Turn Treatment". Accordingly, a northbound right -turn lane will be warranted along Route 11 at the intersection of Route II/Site-Driveway #2 during 2010 build -out conditions. The aforementioned reference is provided in the Appendix section of this report. Existing + Proposed Development Traffic Conditions For informational purposes, PHR+A has provided analysis for the existing + proposed development -generated traffic conditions to observe the traffic impacts of the proposed development on the study area network. Based upon Synchro analysis results, assuming the proffered (by others) improvements, all the study area intersections will maintain overall levels of service `B" or better. Figure B is provided in the Appendix section of the report to show the ADT and AM/PM peak hour traffic volumes. Figure.0 shows the corresponding existing + proposed development AM/PM peak hour levels of service in the Appendix section of the report. The following reiterates the off-site roadway improvements recommended for each of the study area intersections: • Route 11/Old Charlestown Road: In order to achieve levels of service "C" or better, this intersection will require traffic signalization, a northbound right -turn lane and a westbound right -turn lane during 2010 build -out conditions. All of the aforementioned improvements are proffered by others at this intersection. A Traffic Impact Analysis ofthe Biskop-Amari Parcels 008 PHRA October 25 -1-0 Project Number: 15256-1 -0 Page 19 CONCLUSION Based upon Synchro analysis results, assuming the proffered improvements (by others) as well as non -proffered improvements (suggested) shown in Figure 9; all the study area intersections will maintain levels of service "C" or better during 2010 build -out conditions. The following describes the off-site roadway improvements recommended for the intersection of Route 11/Old Charlestown Road: ➢ Proffered Improvements (by others): - signalization - one westbound right -turn lane - one northbound right -turn lane In addition to the aforementioned proffered improvements, the following non -proffered improvements are suggested at the intersection of Route 11/Old Charlestown Road to maintain levels of service "D" and "C", respectively. ➢ Non -Proffered (Suggested) Improvements (to achieve LOS "D" ): - one northbound through lane ➢ Non -Proffered (Suggested) Improvements (to achieve LOS "C"): - one westbound left -turn lane NOTE: Funding source for the aforementioned non -proffered improvements have yet to be identified. The bicycle facility is planned for the west side of Route 11 and will not be accommodated adjacent to the site. However, the Proffer Statement provides a monetary contribution towards improvements associated with the Hopewell Road and Brucetown Road realignment. A Traffic Impact Analysis of the Bishop -Amari Parcels pi October hR+A Project Number: 15256-1-0 Page 20 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Do Fee Amount Paid 41c), Zoning Amendment Number Date Receive 3/.2 Q PC Hearing Date - BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: 540-662-6816 Address: 151 Windy Hill Lane, Winchester, VA 22602 2. Property Owner (if different from above) Name: Gregory Bishop & Thomas Amari Telephone: (540) 974-1175 Address: 285 Boggess Lane, Winchester, VA 22603 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: 540-662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement Verification of taxes paid ® Proffer Statement The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Gregory Bishop Thomas Amari 5. A) Current Use of the Property: Residential B) Proposed Use of the Property: Commercial 6. Adjoining Property: Please refer to attached Adjoining Property Owner Map and Table. PARCEL ID NUMBER USE BONING 44-((A))-5 Commercial RA District 44-((A))-40 Unimproved RA District 44-((A))-42 Unimproved M1 District 44-((A))-46 Commercial & Residential M1 District 44-((A))-47 Residential RA District 44B-((1))-1 Unimproved B2 District 44B-((1))-2 Residential B2 District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject roperty is located in the northeast quadrant of the intersection of Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Route 761). Information to be Subinitted for Capital Facilities Impact Model Planning Staff w use ItsCapital iitt illiliimpact iliodel, it is necessary for 111 order for the the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification[Location: Parcel Identification Numbers 44-A-43 Magisterial: Fire Service: Rescue Service Stonewall Clear Brook Clear Brook Districts High School: Middle School: Elementary School: James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.77± RA District B2 District 2.77± Total Acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Office: Retail: Restaurant: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other See Note Note: The Applicants' Proffer Statement limits occupied commercial development to a maximum of 20,000 square feet, of which no more than 5,000 square feet can be in restaurant land use. 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant (s): - - -Date: Owner (s): fin' - Date: Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Bishop -Amari Parcel, Route 11 North Adjoining Property Owners Listing File 4906 Tax Map Number Owner Mailing Address City & State ZIP Deed Book Pae Instrument Yr. Instrument No. 44 A 42 CUTSHAW ENTERPRISES LC PO BOX 805 MORGANTON NC 28680 0 2004 20302 44B 1 2 EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON VA 22656 626 810 0 0 44 A 5 SHIRLEY ALLEN L ETALS 2455 MARTINSBURG PIKE STEPHENSON VA 22656 0 2006 18222 44B 1 1 DT SHIRLEY PROPERTIES LLC 2455 MARTINSBURG PIKE STEPHENSON VA 22656 0 2006 19976 44 A 46 DT SHIRLEY PROPERTIES LLC 2455 MARTINSBURG PIKE STEPHENSON VA 22656 0 2006 19976 44 A 47 CAMPBELL BEVERLY L & GARLAND L SR 114 WINDING RIDGE LN WINCHESTER VA 226031 965 1252 0 0 44 A 40 SLAUGHTER JUDITH MCCANN & MARSHALL ELLEN L TRUSTEES 562 MILBURN RD WINCHESTER VA 226031 0 12001 12943 3-16-09 Source: Frederick County GIS, March 2009 1 of 1 Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Map Data Source: Frederick County, Va. GIS Department, April 2008 Data, Aerial Photos from March 2006 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By These Presents: That I (We) (Name) Thomas Amari (Phone) (540) 974-1175 (Address) 285 Boggess Lane Winchester VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 080005787 on Page , and is described as Parcel: 44 Lot: 43 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Variance or Appeal ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have Signature(s) set my (our) hand and seal this day of , 200 V State of Virginia, Cit /County f FredCV7LL-- , To -wit: I Dpyt��c�L. Ne<<is6 a Notary Public in and for the jurisdiction aforesaid, certify that the persoq' ,&Vh0 fin; ' signed to the foregoing instrument and who I (are) known to me, personally appeared before me ac ledged the same before me in the jurisdiction aforesaid this Za+" day of March 200 cl �,�� •� ' ,� f.> My Commission Expires: Notary Public Registration #: 2_q I o Revised 3/17108 PW 44-A-47 BEVERLY L h GARLAND L CAYPOEL , SR. DO 695 PG 1252 I-'; Y' 44—A-43 00 L 2.7760 ACRES -------------- -41fz6� 9Y EX GRAVEL DWEWNG y6. REUNANTS OF FENCE. DRIVEWAY ,VA -P -------------- POST IPIN 44-A-42 CUTSHAW ENTERPPoS£S, L.C. 1 ^ INSTR. ED4W20302 1 .r b E16SIING DIAamG 456 h A Ih ENTRANCE REMNANTS OF FENCE 1�-17' RS 9.87 ; ,!L R N 53 4924' W ---- -------- -- ^ W ---------- --- -----' ------- ----------------- ------ EC. ROURLES TE ROAD OBLD CHAD R1W - (08 433 PG 521) VARIWD TH LEGEND IRS - IRON ROD SET BRL - BUILDING RESTRICTION EINE WC - WELL CAP GRAPHIC SCALE WLP - WOODEN LIGHT POLE FH - FIRE HYDRANT 40 50 100 200 —x-- FENCE LINE a- M UTILITY POLE 1 Inch - 100 ft. -�-- OVERHEAD UTILITY LINE UNE TABLE LINE BEAR/NC D/ST. L1 N 057829" E 4056 �� 1T�c' CURVE TABLE NQ rEsNO. RAD/US ARC TAN BEARING ICHORD1 DELTA 1. NO 777L£ REPORT FURNMWED. Cl 716.20" 153.08' 76.83' N 4979 36' W1152.79'1127447-1 2. PROPERTY IDEN77RCA77ON No. 44-A-43 J. EASEMENTS MAY EX/ST THAT ARE NOTSHOWN ON 1NIS PLAT. 4. BOUNDARY INFORMATION SHOWN HEREON 15 BASED UPON AN ACTUAL FIELD RUN SURVEY COMPLETED ON APRIL 26, 2006 AND ORIENTED TO A PLAT OF SURVEY EN777LED "PLAT OF A SURVEY MA DE FOR THE HEIRS OF CEORCE J. MASON' DATED JUNE 21, 1974, PERFORMED BY C. H. KIRKLAND, C.L.S. AND RECORDED IN DEED BOOK 438 AT PACE 597. ID 7682-BDS BOUNDARY SURREY OF THE LAND OF GRBGOR Y A. BISHOP AND THOMAS AMARI 2456 UAR77NSBURG PIKE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA MAY 24, 2006 MARSH & LEGGE Land Surveyors, P. L. C. No.�j0001119 l9 / - %"" 04 `iraND sURgs'%A' DAF 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469