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PC 04-02-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia April 2, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) February 20, 2008 Minutes.............................................................................................. (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Rezoning #02-08 for Grove's Winchester Harley-Davidson, submitted by Potesta and Associates, to rezone 0.2934 acres from the RA (Rural Areas) District with proffers to the B2 (General Business) District with proffers to accommodate a parking expansion. The property is located at the corner of Independence Drive (Route 1092) and Millwood Pike (Route 50), in the Shawnee Magisterial District, and is identified by Property Identification Number 64 -A -159T. Mrs. Perkins..................................................................................................................... (B) 6) Rezoning 903-08 for Winchester Regional Airport Authority, to rezone property to the RA (Rural Areas) zoning classification as follows: 0.21 acres of 1.29 acres, PIN 964 -A - 39A, from Ml (Light Industrial) District; 21.11 acres, PIN 964 -A -40B, from Ml District; and, 15.92 acres of 229.05 acres, PIN #64-A-79, from R4 (Residential Planned Community) District. A total of 37.4 acres is to be rezoned to the RA District. These properties are located on the north side of the Winchester Airport and on the south side of the Airport, adjacent to Airport Road (Route 645) and Bufflick Road (Route 776), in the Shawnee Magisterial District. Mr. Ruddy........................................................................................................................ (C) PUBLIC MEETING 7) Rezoning 409-07 of Clearbrook Property, submitted by German Engineering, to rezone 14.53 acres from RA (Rural Areas) District to B2 (General Business), with proffers, for Commercial Uses. The property is located on the west side of Route 11, approximately 2,200 feet north of Hopewell Road (Interstate Exit 321) and south of Cedar Hill Road (Route 671), in the Stonewall Magisterial District, and is identified by Property Identification Number 33-A-125. Mr. Ruddy......... ................ (B) FILE COPY 8) Master Development Plan #02-08 for Westfield Business Park, submitted by Greenway Engineering, for Commercial Uses. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, and are identified with Property Identification Numbers 44-1-13, 4413-1-2, 4413-1-3, 4413-1-3A, 44B-1-4 and 4413-1-6 in the Stonewall Magisterial District. Mrs. Perkins................................................................................................. . ............ . ...... (E) COMMISSION DISCUSSION 9) Route 277 Study Area Public Participation Meetings Update Mr. Ruddy........................................................................................................................ (F) 10) Planning Commission Bylaws Revisions Mr. Lawrence...................................................................................................................(G) 11) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 20, 2008. PRESENT: Jwme M. Wilmot, Chairnian; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; Richard Ruckman, Stonewall District; Gary R. Oates, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; H. Paige Manuel, Shawnee District; and Gary A. Lofton, Board of Supervisors Liaison, ABSENT: Roger L. Thomas, Vice Chainnan/Opequon District; Lawrence R. Ambrogi, Shawnee District; Christopher M. Mohn, Red Bud District; and Charles E. Triplett, Gainesboro District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. WELCOME NEWLY APPOINTED COMMISSIONER, RICHARD A. RUCKMAN, STONEWALL DISTRICT On behalf of the entire Planning Commission, Chainnan Wilmot welcomed the newly appointed commissioner from the Stonewall District, Richard A. Ruckman. ADOPTION OF THE MEETING AGENDA, FEBRUARY 20, 2008 Upon motion made by Conmussioner Kriz and seconded by Conunissioner Ours, the Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 2185 Minutes of February 20, 2008 D RA � -2 - MEETING MINUTES Upon motion made by Commissioner Kriz and seconded by Conunissioner Ours, the minutes of the December 19, 2007 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) — 02/19/08 Mtg. Conunissioner Oates reported that Diane Kerns, Chain -Ilan of the Conservation Easement Authority (CEA) shared information and talked about ways the CEA and HRAB might be able to work together. Commissioner Oates said the HRAB also continued their review of the Comprehensive Policy Plan. Transportation Committee Conunissioner Oates reported no regular committee meeting for the Transportation Committee; however, three work sessions were held. The topic of discussion at all three work sessions focused on the Transportation Authority and whether or not it would be good for Frederick County to pursue. Commissioner Oates said traffic impact fees were also discussed. He said the Transportation Conunittee anticipates changes to traffic impact fees from the legislature in Richmond and the Transportation Committee is in a wait and see position on this subject. In addition, he said the Transportation Committee is working on the transportation network for the Northeast Land Use Area. Sanitation Authority — 02/19/08 Mtg. Commissioner Unger reported 1'/4 -inches of rain for January and rainfall for the year was down about eight inches; Parkins Mill Plant is down about 70% because of lack of rain; water production was up approximately 300,000 gpd and is totaling about 5.5 million gpd, which is average. He said two projects are anticipated to be put out to bid, the Red Bud force main and pump station; and, the extension of a pipe line from the Parkins Mill plant up the creek. Commissioner Unger said the Sanitation Authority also talked about increasing rates in Frederick County because the City of Winchester is raising the rates of water being sold to Frederick County by 33%. Comprehensive Plans & Programs Subcommittee (CPPS) — 02/11/08 Mtg. Commissioner Kriz reported that the CPPS received a presentation from the Deputy Director - Transportation, Jolu1 A. Bishop, and a short meeting was held afterwards. He said Planning Deputy Director, Michael T. Ruddy, reviewed the Route 277 Plan. The CPPS also discussed their plans for operating next year with three standing committees and hope any interested citizens will make contact, if they wish to serve. Frederick County Planning Commission Minutes of February 20, 2008 Page 2186 -3 - NEW APPOINTMENT TO CPPS Chairman Wilmot announced the appointment of Joaima Leonardis as a citizen member to the Comprehensive Plans and Programs Subcommittee (CPPS). CITIZEN COMMENTS Chainnan Wilmot called for citizen conrnnents on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC HEARING 2008-2009 Capital Improvements Plan (CIP) for Frederick County. The CIP is a prioritized list of capital projects requested by various County departments and agencies. The CIP is created as an informational document to assist in the development of the County's annual budget. Once adopted, the CIP becomes a component of Frederick County's Comprehensive Policy Plan. Action — Recommended Approval Deputy Director, Michael T. Ruddy, reported that the Comprehensive Plans and Programs Subcommittee (CPPB) agreed the CIP (Capital Improvements Plan) requests were in conformance with the Comprehensive Policy Plan at their meeting of November i2, 2007 and forwarded the draft document to the Planning Commission. Mr. Ruddy said the Planning Commission considered the CIP as a discussion item at their meeting of December 5, 2007; the consensus of the Commission was that the proposed projects within the CIP were in conformance with the Comprehensive Policy Plan. He stated that the Board of Supervisors considered the CIP as a discussion item on two occasions and agreed to schedule public hearings. Mr. Ruddy said the Board's discussion resulted in the inclusion of an additional project which establishes a capital expenditure fund for the purpose of purchasing additional and replacement capital fire and rescue vehicles and equipment. In summary, Mr. Ruddy stated that the CIP contains 56 projects, with five new projects. He said the Parks and Recreation Department accounts for two of the new projects; the Winchester Regional Airport, County Administration/ Fire and Rescue, and the Transportation Committee each have one new project. He noted that last year, the Transportation Committee accounted for the majority of new requests because it was the first year they had provided capital projects for the CIP. Chairman Wilmot called for public comments; however, no one came forward to speak. No questions or issues were raised by the Cominission. The Planning Commission agreed the requests within the CIP were in conformance with the Comprehensive Policy Plan. Frederick County Planning Commission Minutes of February 20, 2009 Page 2187 -4 - Upon motion made by Conunissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the 2008-2009 Capital Improvements Plan (CIP) for Frederick County as presentedwith the addition of the Capital Equipment Fund for the County Administration/ Fire and Rescue Department. (Note: Commissioners Ambrogi, Molm, Thomas, and Triplett were absent from the meeting.) Revocation of Conditional Use Permit (CUP 909-04) of James and Barbara Bayliss due to violations of the conditions of their CUP, specifically, the size and number of signs existing on the property. This property is located at 2680 Northwestern Pike (Route 50W) and is identified with P.I.N.s 52-A-55 and 52-A-56 in the Gainesboro Magisterial District. Action — Recommended the Revocation of CUP 409-04 Conunissioner Manuel said he would abstain from all discussion and voting on this matter, due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #09-04 for a cottage occupation for a real estate brokerage office on July 14, 2004 with the following conditions: 1) All review agency comments and requirements shall be complied with at all times; 2) No more than five customers at any one time; 3) Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square - feet in size; 4) Any expansion or modification of facilities will require a new Conditional Use Permit; and, 5) Up to two temporary employees allowed. Mr. Cheran reported that the staff received a complaint regarding violations of this CUP with regards to the size and number of signs located on the property. He said the staff confirmed via a site inspection that the property has two signs located on the property; neither sign meets the size requirements of the conditions of Mr. Bayliss' CUP. Mr. Cheran stated that the staffmet with the property owner and discussed the sign issue in order to bring the property into compliance with the conditions of his permit. He noted that a letter of revocation was sent to the property owner on December 12, 2007. Conunissioner Kriz asked the staff how many signs were on the property, the size of the existing signs, and what size sign was pennitted wider the CUP conditions. Mr. Cheran estimated the signs were larger than four square -feet; he said cottage occupation sign requirements state that a sign shall not exceed four square - feet in size. Mr. Cheran noted that the applicant has his residence for sale; however, the sign located on the property has a directional arrow for an office. Mr. Cheran said that the applicant recently removed one of the two signs. Referring to the photographs in the Commission's agenda, Mr. Cheran and the Commission discussed which sign was currently located on the property and which one was removed. They also discussed the language, directional arrow, and size of the remaining sign indicating an office. Mr. James Bayliss, the property owner and applicant, and his attorney, Mr. Peter Hanson, provided the Commission with copies of information and photographs. Mr. Hanson said the property for which the CUP was granted for a cottage occupation is identified with P.I.N. 52-A-56 and has no existing sign; he said this property is not in a non-compliance state at present. Mr. Hanson said the property with the 4 X 3 sign with side arm and directional arrow is located on P.I.N. 52-A-55 and is advertising the sale of Mr. Bayliss' residence; he said this property is not covered under the CUP. Mr. Hanson commented that surrounding properties are zoned commercial; furthennore, the zoning ordinance gives a property owner the right to post a sign advertising the sale of their property. Frederick County Planning Commission Minutes of February 20, 2008 Page 2188 -5 - Mr. James Bayliss also conunented there were no existing signs on P.I.N. 52-A-56; however, one sign advertising the sale of his residence was located on P.I.N. 52-A-55. Mr. Bayliss contended that the existing sign is a realty sign, not a business sign, and is in compliance with the County Code. Coimmissioner Kriz asked staff for the regulations for an off-site business sign. Mr. Cheran replied that a CTS is required for an off-site business sign. Commission members believed that since the sign contained a directional arrow and had the word, "office," it appeared to be a business sign, rather than a "for -sale" sign. Commissioners suggested to Mr. Bayliss that he replace the "office" language and arrow on his existing sign with the words, "for -sale," and, on the property with the cottage occupation, P.I.N. 52-A-56, place a four- square -foot office sign. They commented that this issue has been ongoing for quite some time. Comnrnissioner Oates asked Mr. Bayliss if the existing sign might be located within VDOT's right-of-way. Mr. Bayliss said the sign was not within the State's right-of-way. Chairman Wilmot called for public comments; however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Connnissioner Watt, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that Conditional Use Pen nit 409-04 of James and Barbara Bayliss be revoked due to a violation of the conditions of the permit, specifically, the size and the number of signs existing on the property, located at 2680 Northwestern Pike (Route 50W). (Note: Commissioner Manuel abstained; Commissioners Ambrogi, Thomas, Triplett, and Mohn were absent from the meeting.) PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, SUBDIVISION ORDINANCE, CHAPTER 144, SECTION 144-17E, EXPANSION OF EXISTING RIGHT-OF-WAY/ DEDICATION OF RIGHT-OF-WAY. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that the requirement for right-of-way dedication for existing roads within Frederick County is covered under the Frederick County Subdivision Ordinance, Section 144-17E, Expansion of Existing Right -of -Way. She stated that this portion of the ordinance requires dedication only when property is proposed for subdivision. Ms. Perkins read this section of the ordinance for the Commission. Ms. Perkins explained that this section has become problematic when a development proposal, a site plan for example, is submitted for a property on an existing street which does not have adequate right-of-way. She said unless the applicant is twilling to offer the right-of-way for dedication, Frederick County can not require the applicant to dedicate the right-of-way. Ms. Perkins read the proposed amendment to this section of the Subdivision Ordinance. Ms. Perkins said the Development Review and Regulations Subcommittee (DRRS) endorsed the proposed ordinance amendment at their meeting on August 23, 2007. She said that both the Planning Commission and the Board of Supervisors have had an opportunity to discuss the proposed amendment. Frederick County Planning Commission Page 2189 Minutes of February 20, 2008 0 QM. Chaimlan Wilmot opened the public hearing to citizen continents. No one came forward to speak. No issues of concern were raised by the Commission members. A motion was made by Commissioner Oates and seconded by Commissioner Kriz to endorse the ordinance amendment as presented. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Subdivision Ordinance, Chapter 144, Section 144-17E, Expansion of Existing Right -of -Way/ Dedication of Right -of -Way. (Note: Continissioners Ambrogi, Thomas, Triplett, and Mohn were absent from the meeting.) PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, ZONING ORDINANCE, CHAPTER 165, SECTION 165-23F, SETBACK REQUIREMENTS/ HANDICAP ACCESSIBLE RAMPS. Action — Recommended Approval Senior Planrier, Candice E. Perkins, reported that the staff is proposing an ordinance amendment that would allow the Zoning and Subdivision Administrator to allow handicap ramps to extend into required setback areas when there are no other alternatives. Ms. Perkins stated that Section 165-23F, Setback Requirements, of the Zoning Ordinance allows for some features to extend into required setback areas, such as decks, but does not provide any opportunities for handicap ramps to extend into required setback areas. She explained that this omission has required some property o -w iers who need handicap ramps to seek a variance from the Board of Zoning Appeals. Ms. Perkins read the proposed ordinance amendment for the Continission. Ms. Perkins said the Development Review and Regulations Subcomnuttee (DRRS) endorsed the proposed text amendment at their meeting on October 25, 2007. She said that both the Planning Commission and the Board of Supervisors have had an opportunity to discuss the proposed amendment. Chainnan Wilmot opened the public hearing for citizen comments. No one came forward to speak. The Planning Commission fully supported the revision to the Zoning Ordinance and stated the need to support handicapped persons in Frederick County. A motion was made by Commissioner Kriz and seconded by Conunissioner Ours to endorse the ordinance amendment as presented. BE IT RESOLVED, That the Frederick County Planning Corns nission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Zoning Ordinance, Chapter 165, Section 165-23F, Setback Requirements/ Handicap Accessible Ramps. (Note: Commissioners Ambrogi, Thomas, Triplett, and Mohn were absent from the meeting.) Frederick County Planning Commission Minutes of February 20, 2008 Page 2190 -7 - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, ZONING ORDINANCE, CHAPTER 165, SECTION 165-47, LANDFILLS, JUNKYARDS, AND INOPERABLE VEHICLES/ TRASH STORAGE AND SCREENING REQUIREMENTS Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this ordinance amendment is in response to issues the staff has encountered interpreting the County's ordinance in regards to durnpsters and screening. She said the existing trash storage section of the ordinance is vague and does not have a specific screening requirement. The zoning ordinance also combines residential and eommercial1industrial trash container requirements and requires them when one or more residence or use shares a parking lot. Ms. Perkins explained that the intent of the proposed amendment is to separate residential and commercial trash container requirements. She said that residential will still be dependent on more than one residence sharing a parking lot, but connnercial/industrial will require outdoor trash containers for all developments. Also, the ordinance would be revised to state that all refuse shall be contained within a completely enclosed facility and the enclosure shall consist of a six-foot opaque fence or wall with an, opaque gate. Ms. Perkins stated that the Development Review and Regulations Subcommittee (DRRS) endorsed the proposed amendment at their meeting on September 27, 2007. She said that both the Planning Commission and the Board of Supervisors have had an opportunity to discuss the proposed amendment. Commissioner Kerr asked if a chain-link fence with plastic slats would be considered an opaque fence. Ms. Perkins replied that a chain -lint: fence with plastic slats does not meet the definition of an opaque fence. Chairman Wilmot opened the public hearing for citizen conunents; however, no one came forward to speak. The Planning Commission supported the amendment as presented. A motion was made by Commissioner Ours and seconded by Commissioner Kerr to endorse the ordinance amendment as presented. BE IT RESOLVED, THAT the Frederick County Planning Convnission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Zoning Ordinance, Chapter 165, Section 165-47, Landfills, Jtmlyards and Inoperable Vehicles/ Trash Storage and Screening Requirements. (Note: Commissioners Ambrogi, Thomas, Triplett, and Mohn were absent from the meeting.) Dy11:1N:7 Review of Board of Supervisors Decision on the Rezoning for Artillery Business Center Coirunissioner Oates asked the staff about the Board of Supervisors' recent action on the rezoning for the Artillery Business Center. Commissioner Oates said there were a number of concerns raised by the Planning Commission at their public hearing and he asked what changes had been made in the applicant's proffer that made the rezoning acceptable to the Board. Frederick County Planning Commission Minutes of February 20, 2008 Page 2191 Mr. Ruddy replied the applicant withdrew the second of the two alternative proffer statements that were presented at the Planning Conunission's public hearing. Mr. Ruddy said that one of the significant changes was the applicant's proffer to provide to the County an 80 -foot right-of-way on the adjacent Carbaugh property from where their 1,100 feet of road stopped to the railroad tracks. Mr. Ruddy said the trigger for the provision of right-of-way to the County was within 90 days of the County's request, but no sooner than December 31, 2008. He said this was an additional proffer with a trigger mechanism attached to it. Mr. Ruddy said he would email the final proffer statement and the approved proffer package to the members of the Planning Cominission for everyone's information. Appointment of Commissioner Cordell Watt to the Conservation Easement Authority (CEA) Chairman Wilmot announced the appointment of Commissioner Cordell Watt as the Planning Commission's Liaison to the Conservation Easement Authority (CEA). ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:15 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of February 20, 2008 Page 2192 REZONING APPLICATION #02-08 GROVE'S WINCHESTER IIARLEY-DAVIDSON Staff Report for the Planning Commission Prepared: March 17, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 04/02/08 Pending Board of Supervisors: 04/231/08 Pending PROPOSAL: To rezone 0.2934 acres from the RA (Rural Areas) District to the B2 (Business General) District with proffers to accommodate a parking lot expansion. LOCATION: The property is located at the corner of Independence Drive (Route 1092) and Millwood Pike (Route 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -159T PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Commercial and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Vacant South: B2 (Business General) Use: Commercial and Vacant East: Route 50 Use: N/A M1 (Light Industrial) Use: Industrial West: B2 (Business General) Use: Vacant RA (Rural Areas) Use: Vacant PROPOSED USES: Parking for the existing Harley Davidson Facility Rezoning #02-08 — Grove's Winchester Harley-Davidson March 17, 2008 Page 2 REVIEW EVALUATIONS: Public Works: We have no comments related to the proposed rezoning. Frederick County Attorney: I have reviewed the proposed proffer statement for this matter and have the following comments: The rezoning map on the GIS internet system shows that the parcel is already zoned B3. I am assuming that a portion of the parcel may be so zoned but that the remainder must be RA and that the GIS system just does not show that. Please let me know if the explanation is otherwise. The GIS system also shows the size of the entire parcel to by 6.29 acres and not 8.28 acres as indicated in the proposed proffer statement (the Commissioner of the Revenue's system shows 8.29 acres). The heading information in the proposed proffer statement also states that the area to be rezoned is 0.2934 acres, but the response in item 9 of the application form states that the proposed use will be a parking lot of approximately 77,000 square feet (greater than 1.5 acres). Is the rest of the proposed parking lot on a portion of the entire parcel which is already zoned to permit the lot? If so, it would be helpful if the application so stated that fact. If not, an explanation of the discrepancy is needed. The applicant wil 1 need to submit a plat showing the specific location of the area to be rezoned. Subj ect to the above comments, the proposed proffer statement is otherwise acceptable. I offer here some further comments, concerning the rezoning application form itself, although I recognize that the applicant may already by planning on addressing these matters: The applicant will need to identify all of its stockholders (or other owners of interest in the LLC, however titled), officers, and directors (or, in the case of an LLC, if so titled, managers of the LLC). Ms. Grove will also need to state the capacity (title) in which she is acting for Jobalie, LLC. Staff Note: The revised proffers dated January 9, 2008 have addressed the County Attorney Comments. Planninst Department: Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject area as being zoned M1 (Light Industrial) and 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. The MI zoning on this site was changed to B2 (Business General) with Rezoning # 33-87 which was approved by the Board of Supervisors on October 14,1987. Originally parcel 64 -A -159T , consisted of 6.28 acres and on November 7, 2007 a boundary line adjustment was approved which added 1.17 acres of land from parcel 64 -A -159E which was already zoned B2 and also added .2934 acres of land from parcel 64-A-159 which was zoned RA. Rezoning 402-08 — Grove's Winchester Harley-Davidson March 17, 2008 Page 3 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-I1 [.and I ve This site is covered by the Frederick County Eastern Long Range Land Use Plan of the Comprehensive Policy Plan and is identified for commercial uses. This rezoning request is proposing B2 Zoning and is therefore consistent with the Comprehensive Policy Plan. Site Access The site will be accessed off of the existing entrance into Independence Drive for the Grove's Harley Davidson. 3) Proffer Statement - Dated January 9, 2008 • The use of the .2934 acres shall be limited to off street parking. • Access to the .2934 acres shall be via the existing Harley Davidson entrance on Independence Drive. STAFF CONCLUSIONS FOR 04/02/08 PLANNING COMMISSION MEETING: This is an application to rezone .2934 acres from the RA (Rural Areas) District to the B2 (Business General) District with proffers to accommodate a proposed parking lot expansion for the existing Harley Davidson Facility. The land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff s concerns. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Man I7nr-nmant- (MMPI—in A.,.4 ne., r ai AerS Ma Frederick Cou[W y, VA Rezoning \ REZ#02-08 Application Grove's Winchester o, Harley Davidson Parcel ID: Location in the County 64 - A - 159T Map Features Application L�71 Airport t Ys L � , ` Location in Surrounding Area 0 75 150 fir e 41GK ' CSG ° F�i Case Planner: Candice ry r.� u4vo vo i cva.mxa) ,51 1.5/ZUUtS -- 11:4Z:03 AM \ \ 64 A 158 64 A 159E PERRY PROPERTIES EFG LLC 50 A °0) \ m a \\\ \ 64 A 159T JOBALIE LLC �\ 50 Q C o / D o /n � zA \AD oz 64 A 159P m .i MYERS JAMES E m m A N O Z N 64 A 159H EFG LC 64 A 1595 NAW FEDERAL CREDIT UNION Man []ocument- (N•\PInnninn A-1 r -%— I. i Frederick County, VA Rezoning REZ402-08 Application Grove's Winchester Harley Davidson Parcel ID: Location in the County 64 - A - I59T Map Features Application Lakes/Ponds --- Streams J Airport t t e 0 a7 d ��. 411 ' Location in Surrounding Area U 75 150 30' F1CK Cn�'2 cL Case Planner: Candice - - -----. — ^r-v-......I..I., . ��.—�.�wwo—w �cvo.inxa) 6/ 1,5/ZUUb -- -I1:4Z:U3 AM — — - — --- _...r� . v,, —r�� V4uo—uo tcuo.mxa) at -1 aizuuts -- 'I'I:42:03 AM Frederick County, `V \ \ Rezoning REZ # 02 - 08 �I ��• Application \ 64 A 15e 64 A 159E PERROPERRYPfiE3 EFG LLC �- 50 \ Grove's Winchester � E-arley Davidson # 00 \ _ 0 Parcel ID: Location in the County l A 'SFX 64 - A - 159T �� \ Ma Features I _' o \\ \ t _;pApplication Zoning Lakes/Ponds it �. \ ,- 64 A 159T.w-�. \� NX JOBALIE LLC �;\ ,�.:. B7 (Business Neighborhocd District) ^-- Streams B2 (Business, General Distrist) D Airport Am B3 (Business, Industrial Transition District) .0 UDA Off, EM (Extractive Manufacturing District) _.-- SWSA ® HE (Higher Education District) M1 (Industrial, Light District) { � 50 M2 (Industrial, General District) MH1 (Mobile Home Community District) Medical MS ( Support District) -� R4 (Residential Planned Community District) +i R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 0 e 64 A 159P \- - MYERS JAMES E E L Fx n '4 64 A 159H 4 !- EFG LC Location in Surrounding Area HA'YY FEDERAL CREOCT UNIDN �� 0 i.`i 150Dheet Ot Case Planner: Candice Map Document: ft\Plannino And I)PvPlnn--f\ 9 t _ . - _ ._ - — — - — --- _...r� . v,, —r�� V4uo—uo tcuo.mxa) at -1 aizuuts -- 'I'I:42:03 AM PROFFER STATEMENT REZONING: RA (Rural Areas) to B2 (Business General District) PROPERTY: 0.2934 acres to be zoned RA to B2, within total 8.28 acre B2 zoned property, Tax Map #64 -A -159T RECORD OWNER: Jobalie, LLC APPLICANT: Jobalie, LLC PROJECT NAME: Grove's Winchester Harley-Davidson, Inc. — Parking Lot ORIGINAL DATE OF PROFFERS: January 9, 2008 REVISION DATE(S): N/A The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the terns rezoning shall include the day following entry of a final court order affinning the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. LAND USE PROFFER: Development on the 0.2934 acres rezoned property shall be limited to off-street parking lot and associated landscaping. This Proffer does not apply to remainder of TM64-A-159T property. Ingress and egress to this portion of the property shall only be accessed through the existing Harley Davidson entrance off of Independence Drive. Respectfully submitted, JOBALIE, LLC Title: 7D_ine_C� Date:% STATE OF �7i dr�C'aG, , AT LARGE �O � COUNTY, To -wit: The forgoing instrument was acknowledged before me this -2-11 day of 2008, by s'� \ \C s Com` My commission e .P JlLLITH =`i MYC ib EXPIRES September 05, 2011 (407) 39&0153 Florid5Notary5ervlce.com Notary Public: —cel, A- - - REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA ('o lie coinl3leted bj, Planning St(ff. Fee Amount Paid O� honing Amendment N mb r Date Received 3 1 IC Hearing Date O BOO Hearing Date �f o The folloiring infol•lnation shall be pro}sided 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 Strect, Winchester. 1. Applicant: Name: Jobalie, LLC Telephone: 540-662-4468 Address: 1038 Heth Place Winchester, VA 22601 2. Property Owner (if different than above) Name: Telephone: Address: 3. Contact pet -son if otber than above Name: Joe Knechtel Telephone: 540-450-0180 4. Checklist: Check the following items that have been included with this application. Location map x Agency Comments Plat X Fees - 2L -Deed to property x Impact Analysis Statement N/A Verification of taxes paid X Proffer Statement x 10 . The Code of Virginia allows us to request full diselosuu•e of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: Motorcycle Sales B) Proposed Use of the Property: Motorcycle Sales 7. Adjoining; Property: PARCEL 1D NUMBER 64 -A -159E 64 -A -159-P 64 -A -159-H 64-A-158 USE Vacant Motorcycle Sales Vacant Construction Co. B2 M1 M1 M1 ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located at corner of Independence Drive and Millwood Pike (U.S. Rt. #50) 11 U. ,he follosinrr, information Should e t rosaccordingidea to the typee of rezlo r h:g proposed : Number of Units Proposed Single Family homes: Townhome: Multi -Family: N,Ion-Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: Parking/approx. 77,000 S F 10. Signature: 1 (we), the undersigned, do hereby respectfully make application an([ 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 Plaru-iing Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: !— lQ "08 Owner(s): 12 Date: Date: Date: Adjoining Property Orvtlel's Rezoning Owners of propert}' adjoining the land will be notified of the Planning Commission and the Board of Supervisors tveetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or near or any property directly across a public right-of-way, a private right-of--,vay, or a rr'atercourse from the requested property. The applicant is requircd to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2jul floor of'the Frederick Counij) flclarinistrative Building, 107 Arorth Kent Street. Nan►e and Property Identification Numbei- Addy ess Name EFG, LLC 340 W. Parkins Mill Road Winchester, VA property#r: 64 -A -159E Name James E. Myers 100 Myerson's Drive Winchester, VA Properly i 64 -A -159P Name EFG, LLC 340 W. Parkins Mill. Road Winchester, VA Property # 64 -A -159H Name Perry Properties 1945 Millwood Pike Winchester, VA Property It! 64-A-158 Name Property 4 Naille Property # Name Property t Nance Property 7 Name property rt 14 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jobalie, LLC (Phone) 540-662-4468 (Address) 1038 Heth Place, Winchester, VA 22601 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. 0 7 0 019 01 0 on Page , and is described as Parcel: Lot: 159T Block: Section: A Subdivision: do hereby make, constitute and appoint: (Name) Potesta & Associates, Inc. (Phone) 540-450-0180 (Address) 508 Front Royal Pike, 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 applications for my (our) above described Property, including: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G Site Plan 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 p)herwiseminded or modified. In witness thereof f we) have hereto set my (our) haiyl and seal this ` 1� day of , 200t�S , Signature(s) State of Virginia, City/County of , To -wit: I, %-41 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this L day of t 200 8 __ 11 My Commiss,fres: Notary Publ 7ki My COMMISSION # DD711776Cyoi[zFR Sencember 05, 2011 153 end knvi+unen�i.ui Car�tW�Surrtt a, A 6� j E G L S Lc1-C, f ` TS4 6-!_-_A__- J'}c Z1v; rt C2 N VST ;srOl../i7�'D7a, !i4 ;'JT J' USE , - • 2az.1<*:• 7M 64, \ - = .�- ;i i t. US`'` Kf5701'ImAL 1a',WDE c a P N, 7ELEPIjONE EA696SEMENT'•.-., a \ \ 1 \ 6Y'N1 PACE 64`'{• \ �` R`t _ _ PA VED\ \ PARKING. LE7 \ \a \ TING L67731 1` t IX/SBNG'?° -. FIM. 677.31 S7021GE BUILD/NC /NVy / 1 YERT1CALf S a\ *�\ DOSRNG ZONING D/S7RXT BOUNDARY `1 t \ t � , 1 z �/ 6r "j• ZON..117): :1.2 4,800 ST BU/LD/NG ,f. 'OUT -$70. CONTROL POINT i p 7/ZONTAL d , . / �a TOP OF MANHOLE LID 11ROL Po/NT .+�• ::- l `-- Oji' - nth,\ 4960.72 C �' 'DING CORNER tj �'+{ /- •�f 7�.� ELEN.\'1.83 / `t^ `\ i ,'t -a 476.X47 g iff '} ./ .,.y^' ""' ''•'' _ - ,� , 4989.38 ✓ s✓�ts ,,•1 j %�? �7- 3 ' \ : \ tti L / 8/�,,p IX/SPNG GURB INLET t i\ -^-`,_-✓ . t /' ' 6 Pte',�ywT-\ RIM. 670.05 , jj// -d N� 669 NV 1.60 aa\ ,j 1 /.,t/t ! r^\ PA✓ED /Nle. 4L/T- 669.53 t� j� `PARK/NG 36'RCP {,i✓ /}�� = l ///7��,� JT,,y'•^�\ %_ 1 J (`%''•�.(,' J6,.\ id- 20'- 6, /NK /N' f\`� //t !• �'�+ 20' W/DE s7 . 5 jt ", "`..,, "'•� '•', ,t:l t /1 ( SEWER EASEMENT ✓ / / fr`�„-..��""` (` f i / / /NS7RUMEM,/ 0 4 0 0 123 94 +FARKWC A7! •1 / / ''�.,�..� tlj 1 i u� l20' WOE ""="-"`�`'^,�:•;?4 ` 4`, 1 .E 4 4 �1pA \ . I I I A7EE/NE E :` } I ASEMFM ' I'� (z` S'1 \"� _ l\ 050016293 & ,;:tc,..LE, ' L' ' tm ' \ 040072394 / YST t L7G✓tS01'J J I :gym,; t A-1547` /,.\.. l 1 I` aa\ \ „a iii' ZGyF�• �L 20' W/DE.STORM USL_.` 1v.1t✓:OIS'� IYCL St?�E- '1• � 7/ d' l � � q \ DEED BOOK. 895EASEMEM ; PACE 110 � i DUSTING ,�; J'• -•''FNM'` 67. [ Te 6.39 COMMERCIAL BU/LO/NC 1d j`,:� -')NH IN ., -^f WATER` ��C PoND 33, 000 5F BU/LD/NG SZUC7URE\l at,'�` `\ b• 1L -/�4_ 7`.+._ry t./.. 1 EPP 667.10-. / 1 \ / a E45 `> LVE lhiS7 r>E 07c701''!,'?:i LASEMENr 7M 6 ti t 9E / ",;O f y ZGAIINC. 5-2 .^ \ 010006353' i USE: V,4CAljT �,. 1-65.35 T- 34.19 f +7 1 'i s Po/NT 1N PRi£MEN7 �..: ,h :..--•..�..' VARIABLE iNDTH S/GM 4(707 - RUE/A£M O _. �.. !NST k• t' t >�F �; \ I' '+ •� -_._>r.-67vYARD DIWN-. M.' ` RI678.36 t / �1✓ 64.44 PAVED 7"-`'C /INK QUT 4.13 RARKIVO CURB INLET ,�/' \„•`°"." f -�` `�! RIM 677.93 1; r\,,, '�`.. w •/ /NV, /N.• 66703 ti ! INV. OUT.- 656.83 1 w IX/S77NG YARD DRAW ' 1 �S 67725 AV Yw iN sie22 fESTRlcnur+ / o $n ` m NK 0177.• 678.14 rI1G R -� i 41y, - /^"�VARIARIF MD7H STORM ' ' ,,�• /. '.%'` / /.- SEWER EASEMENT s� INSTRUMENT 040vjiwy 01239 SEWER EASEMk7I7 s r ... .. ,,,.-• `� /NS7RUMENT /" 01000-279 -• 1' , . EX/S77NG CURB INLET�4i %,✓°'' R/ I 677.30 C�) 28' X'20' SANITARY SEWER E45EMENT INSTRUMENT }• 010006153 ` 1AAES t., MIER'S D. E 988 AC 7.369 { 771: 64..._A..._ 159P /iSE: M070RCi'C c SALES Revision NOTES: 1. THE PROPERTY SHOWN HEREON S SAID TO BE IN THE NAME OF JOBALIE, LLC, AS SHOWN ON INSTRUMENT NUMBER 070019010 IN THE FREDERICK COUNTY, VA LAND RECORDS. 2. THE BOUNDARY SHOWN HEREON IS BASED ON A SURVEY OF RECORD FOUND IN INSTRUMENT # 070019010. 3. TAX MAP /64 -A -159T 4. TOTAL PROPERTY AREA: 8.286 ACRES 5. FOR RESTRICTIVE COVENANTS SEE DEED BOOK 868 PAGE 1092. 6. PROPERTY SHOWN HEREON IS NOT LOCATED IN A FEMA DEFINED 100 YEAR FLOOD ZONE. ..................................................._........................... y . . ......... ... . MMPING REiERENCE MAPPING GENERATED BY FIELD SLRVEY PERFORMED BY CLARK LANDS URVEYING, . PC IN OCTOBER, 2007, AND POTESTA & ASSOCIATES, INC. IN 2006. i I 4 Drawn wz Checked 1 d Approved 4C al Sce P S, Vie: � IQ H W H d "14 O w U N Q N Q w _J w w Q m cn O 00 w n _ O U CE L L1 z >O Q Z�U w� � 0 C w QZw (10 �LLJ Q� CD Qo�wC-, Z wl- rK QED w CDLIJ �CDZ 03 DRAWING LEGEND ._ --v80 EXISTING CONTOUR MAJOR EXISTING CONTOUR MINOR ---� --:r- EXISTING PROPERTY UNE ¢) .EXISTING PROPERTY CORNER FOUND PROPERTY CORNER SET SS EXISTING SANITARY SEWER UNE ® EXISTING SANITARY SEWER MANHOLE W EXISTING WATER UNE A EXISTING WATER GATE VALVE ---UE---UE- EXISTING UNDERGROUND ELECTRIC UNE EXISTING STREET LIGHT -- - UT --- In - EXISTING UNDERGROUND TELEPHONE LINE EXISTING STORM SEWER - - - EXISTING DITCH LINE NOTES: 1. THE PROPERTY SHOWN HEREON S SAID TO BE IN THE NAME OF JOBALIE, LLC, AS SHOWN ON INSTRUMENT NUMBER 070019010 IN THE FREDERICK COUNTY, VA LAND RECORDS. 2. THE BOUNDARY SHOWN HEREON IS BASED ON A SURVEY OF RECORD FOUND IN INSTRUMENT # 070019010. 3. TAX MAP /64 -A -159T 4. TOTAL PROPERTY AREA: 8.286 ACRES 5. FOR RESTRICTIVE COVENANTS SEE DEED BOOK 868 PAGE 1092. 6. PROPERTY SHOWN HEREON IS NOT LOCATED IN A FEMA DEFINED 100 YEAR FLOOD ZONE. ..................................................._........................... y . . ......... ... . MMPING REiERENCE MAPPING GENERATED BY FIELD SLRVEY PERFORMED BY CLARK LANDS URVEYING, . PC IN OCTOBER, 2007, AND POTESTA & ASSOCIATES, INC. IN 2006. i I 4 Drawn wz Checked 1 d Approved 4C al Sce P S, Vie: � IQ H W H d "14 O w U N Q N Q w _J w w Q m cn O 00 w n _ O U CE L L1 z >O Q Z�U w� � 0 C w QZw (10 �LLJ Q� CD Qo�wC-, Z wl- rK QED w CDLIJ �CDZ 03 DRAWING NOTES: v 1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY. 2_ FOR CLARITY NO ARE EASEMENTS SHOWN. EASEMENTS AND/OR OTHER ENCUMBRANCES EXIST UPON THE SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON. 54 -A -159E EFG, LC i� INST. #030019524 �EX. RA ZONING 14.0596 Ac. BOUNDARY � l i N61'40'50"E — 471.39' / oo L2 r� 282 12 f M L4 B2 ZONING Z L 0.2934 ACRES BOUNDARY 100 bI CURRENTLY ZONED RA b> TO BE REZONED TO B2 Id" w CO 64 -A -159T z73.10, JOBALIE, LLC 2 «- 2 — -- INST. .#040012394 S61'40'50"W 8.2858 ACRES 64 -A -159E EFG, LC INST. #030019524 o�I 14.0596 Ac.00I N N Z \ C1 219.97' S65'04'18' INDEPENDENCE 60' R/W 165.00' S61 *40'44"W 00 -x- 0 O a(n LO 0 W w 0> w 120�� -0af I� DRIVE Sl 0'47'38"E 49.81' CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD BEARING C1 68.36' 1330.00' 2'56'42" 1 34.19' 1 68.35' 1 S71'10'28"W RANDY ter STOWERS Lie. No. 2342 U3 —61,1;= �$ LINE TABLE LINE LENGTH BEARING L1 110.81' N28'19'10"W L2 115.41' N61'40'S0"E L3 89.38' S45'2629"E L4 143.98' S51'31'27"W GRAPHIC SCALE 0 75 150 3p0 I� 1 inch = 150 ft FFA' MONTGOMERY lelrg��ezr«g group,Ale180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester. VA22602 (540)450-3235FAX www.MEGi—biz PLAT SHOWING PROPERTY OF JOBALIE, LLC TO BE REZONED SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150' DATE: MARCH 5, 2008 JOB # 07-103 SHEET 1 OF 1 APPROVED BY: ATOR �✓ �l.G L' NOTES: 1_ THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY. 2, NO TITLE REPORT FURNISHED. EASEMENTS AND/OR OTHER ENCUMBRANCES EXIST UPON THE SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON. AREA TABULATION ORIGINAL AREA T.M. 64—A -159T 6.2858 ACRES AREA FROM T.M. 64—A -159E 1.7066 ACRES AREA FROM T.M. 64—A-159 0.2934 ACRES NEW AREA T.M. 64—A -159T 8.2858 ACRES ORIGINAL AREA T.M. 64—A -159E 16.2065 ACRES AREA FROM T.M. 64—A-159 0.5360 ACRES AREA TO T.M. 64—A-159 0.9763 ACRES AREA TO T.M. 64—A -159T 1.7066 ACRES NEW AREA T.M. 64—A -159E 14.0596 ACRES ORIGINAL AREA T.M. 64—A-159 4.8531 ACRES AREA FROM T.M. 64—A -159E 0.9763 ACRES AREA TO T.M. 64—A -159E 0.5360 ACRES AREA TO T.M. 64—A -159T 0.2934 ACRES NEW AREA T.M. 64—A-159 5.0000 ACRES RANDY 1. STOWER' Lic. No. 2342 //- z 7- 07 L 6� SUEiV��9 SURVEYOR'S CERTIFICATION I, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY SHOWN HEREON IS THE SAME PROPERTY CONVEYED TO EFG, LC BY DEED DATED AUGUST 26, 2003, RECORDED AT INSTRUMENT #030019524 AND BY DEED DATED FEBRUARY, 26, 2004, RECORDED AT INSTRUMENT #040003382, AND THE SAME PROPERTY CONVEYED TO JOBALIE, LLC BY DEED DATED JUNE 30, 204, RECORDED AT INSTRUMENT #040012394, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. lKy NTGOMME 2m"" A' �ng��reer�ng group, ,��rc. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 (540) 450-3235 FAX —MEGir,W JOB PLAT SHOWING BOUNDARY LINE ADJUSTMENT BETWEEN THE PROPERTIES OF EFG, LC AND JOBALIE, LLC SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS NOTED DATE: NOVEMBER 27, 2007 07-103 SHEET 1 OF 3 0 0 Ci -1 cn OWNER'S CERTIFICATION: THE BOUNDARY LINE ADJUSTMENT BETWEEN THE PROPERTIES OF EEG, LC AND JOBALIE, LLC, AS APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. EFG, L.C. EU6�NEG�ROVE,R., MANAGING MAMBER ! 7—DATE NOTARY PUBLIC STATE OF4�(w. CITY/COUNTY OF -TTA PriJ- L THE FOREG61NG ,INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY A`? DATE (No -(o y "I ) JOBALIE, L.L.C. MY COMMISSION EXPIRES_ x-30-09 BY: U.�i�i Y� (� (��BE�R� 11-27-0--1 BARBARA A. GROVE, MANAGINDATE NOTARY PUBLIC STATE OF--- CITY/COUNTY F CITY/COUNTY OF vFrtilef THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON H-01-7-0-7 BY DATE MY COMMISSION EXPIRES 1�0-0q (NOTXRY PUBLIC) u Lic No.u2342 PLAT SHOWING BOUNDARY UNE ADJUSTMENT BETWEEN THE PROPERTIES OF Lq^D sDav°� EFG, LC AND rfMONTGOMERy JOBALIE, LLC SHAWNEE MAGISTERIAL DISTRICT eggifreeriNg Ivroup, rfac. FREDERICK COUNTY, VIRGINIA 180-9 Prosperity Dr. (540) 450-3236 VOICE SCALE: AS NOTED Winchester, VA22602 (540) 450-3235 FAX DATE: - NOVEMBER 27, 2007 -MEGina.hlz JOB # 07-103 SHEET 2 OF 3 CURVE TABLE CURVE Cl LENGTH RADIUS DELTA TANGENT CHORD CHORD BEARING C2 268.88' 1185.00' 13'00'02" 135.02' 268.30' S79'09'25"W C3 370.37' 1330.00' 15'57'19" 186.39' 369.17' N77'40'46"E C4 302.00' 1330.00' 13'00'37" 151.65' 301.36' N79'09'07"E `68.36' 1330.00' 2'5642" 34.19' 68.35' N71'10'28"F N VICTORY o�y 72$ R w ROU0.89. " 50 ,' 416.62' L1 �2 32 E 1451"42' 42 E N51'18' -��f1 '37"1 , w�.7�z ' 3 t �m I`r�n 13 ' 2998 N z 64-A-159EZ 1�: EFG, LC N rn14.0596 Ac.64-A-159 ZONE: 62-� EFG, LC 05.0000 ACRES o �5 8 ZONE: RA `r lv'\\N ` ^ PROPERTY LINES HEREBY CREATED PROPERTY LINE HEREBY DELETED I y\T'N61'40'50"E 471.39' �" N �� ZONE R= — PROPERTY LINE 2 1.2 ZONE�r2 I HEREBY DELETED PROPERTY LINES HEREBY CREATED a / L6 I 64 -A -159T o b 40 L PROPERTY LINE JOBALIE, LLC e� O �� BY DELET HEREED o 8.2858 ACRES `� N 35 6RC r N ZONE: B2 Cl ` �Q z z DENOTES REBAR FOUND 35' BR` O DENOTES REBER SET /ND C2 C4 L5 L4 PE o pR Nc f 4 �R/VE Lic. No. 2342 //—'? 7- C,7 4 ,A sURv� 04I GRAPHIC SCALE 100 290 40D 1 inch = 200 ft. rll ONTG ME Y leggiffeCT&Y orroup, Ane. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 (540) 450-3235 FAX www.MEGinc.b¢ N Z w F�- 07 PLAT SHOWING BOUNDARY LINE ADJUSTMENT BETWEEN THE PROPERTIES OF EFG, LC AND JOBAUE, LLC SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: NOVEMBER 271 2007 JOB # 07-103 SHEET 3 OF 3 0 0 Cn CO VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to m�e1 vont and with rcrtil;c.ac acknoMedgement thereto annexed 'W as adr,it€ed to record. "Fax imposed by Sec. 58.1-802 of W1O and 58.1-801 have been paid, if assessable. 1'. /-a "—J(J ' Clerk • • C REZONING APPLICATION #03-08 WINCHESTER REGIONAL AIRPORT AUTHORITY Staff Report for the Planning Commission Prepared: March 14, 2005 Staff Contact: Michael T. Ruddy, AIC]", Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission.: 04/02/08 Pending Board of Supervisors: 04/23/08 Pending PROPOSAL: To rezone property to the RA (Rural Areas) zoning classification as follows: 0.21 acres of 1.29 acres, PIN #64 -A -39A, from M1 (Light Industrial) District; 21.11 acres, PIN #64 -A --40B, from MI District; and, 15.92 acres of 229.05 acres, PIN #64-A-79, from R4 (Residential Planned Community) District. A total of 37.4 acres is to be rezoned to the RA District. LOCATION: These properties are located on the north side of the Winchester Airport and on the south side of the Airport, adjacent to Airport Road (Route 645) and Bufflick Road (Route 776). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64 -A -39A, 64 -A -40B, 64-A-79 PROPERTY ZONING: RA (Rural Areas), M1 (Light Industrial), and R4 (Residential Planned Community). PRESENT USE: Winchester Regional Airport. ADJOINING PROPERTY ZONING & PRESENT USE: North: R4 (Residential Planned Community) South: MI (Light Industrial) B2 (Business General) East: MI (Light Industrial) West: RA (Rural Areas) PROPOSED USES: Winchester Regional Airport REVIEW EVALUATIONS: None Required. Use: Vacant/Public Safety Use: Vacant/Industrial Vacant/Commercial Use: Airport/Industrial Use: Airport/Residential Rezoning #03-08 — Winchester Regional Airport Authority March 14, 2008 Page 2 Planning & Zonina: 1) Site History The site for which the rezoning is being requested is the location of the Winchester Regional Airport. The Winchester Regional Airport is specifically recognized as a permitted use within the Rural Areas zoning district as it has been in operation at this site since before the Frederick County adopted its first Zoning Ordinance. Over time, the Winchester Regional Airport has grown consistent with the growth of the community. To accommodate this growth, the Winchester Regional Airport Authority has purchased additional property and portions of property from the properties surrounding the facility. This is expected to continue in the future. Several areas of land that has been purchased by the Winchester Regional Airport contain a different zoning classification than the majority of the land owned by the Winchester Regional Airport. It is the desire of the Winchester Regional Airport to have a consistent zoning designation for their property and to ultimately consolidate their multiple properties into their main parcel. The land containing the different zoning classifications was previously part of several projects whose rezoning was approved by the Board of Supervisors. These include Governer's Hill, Airport Business Center, and Wilson's Industrial Project. 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 site is located in the Sewer and Water Service Area (SWSA) and outside the Urban Development Area (UDA). The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the majority of the rezoning within the Airport Support Area. The Winchester Regional Airport is specifically recognized as a permitted use within the Rural Areas zoning district. Further, the Airport Support Area is designed to specifically recognize and support the unique characteristics of the area encompassing and surrounding the Winchester Regional Airport. The rezoning of this property will further ensure its protection as the Winchester Regional Airport site and provide for the consistent administration of the property owned and operated by the Winchester Regional Airport. Potential Impacts: No impacts are anticipated. This is an extremely positive rezoning request that minimizes potential future impacts, promotes the permitted land use of the property as the Winchester Regional Airport and addresses the Comprehensive Policy Plan. Rezoning #03-08 — Winchester Regional Airport Authority March 14, 2008 Page 3 STAFF CONCLUSIONS FOR 04/02/08 PLANNING COMMISSION MEE'T'ING: The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. Other elements that make this a positive rezoning include: the ability to have a consistent zoning classification for the Winchester Regional Airport, and the designation as a specific permitted use within the rural area zoning district. The rezoning proposal supports the Airport Support Area, as well as further supporting operations of the Winchester Regional Airport within the County. A recommendation by the Plannin- Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Plannin,- Commission. ester Re io�.a l Airport Authorit : oa, 64 A A 4Ph hSP i�9S R pOOp'k� �gRpFRF Rq ZZs SHENANDOAH UNIVERSITY �Np �j Tye P" Su(phe" S m a o Q �uA"any: r0� W •p �� ~ J A t� z y \. U 64 A 83 �_\ \ GOVERNOR'S HILL LLC I \ -\\ \ 64 A 79 WINCHESTER REGIONAL . TS OP , \ �� P U \ Q O ! h m f m p B4rr/ of �. 4. r i NIck v i R4,� m hpOo-J �a Map Document: (NAPlannino And nPvalnnm—f\ 9 1 +n, 11n A A r, Frederick County, VA Rezoning REZ # 03 - 08 Application Winchester Regionai Airport Authority flarcei �D: 64 - A - 39A, 40B Location in the County 64 - A - 79 Map Features i Application rp Lakes/Ponds --- Streams U Airport oour:r factor, krr,h�sre� �� e � Ia r1- �q + Fye Location in Surrounding Rrea 1OK ., cpG 0 250 500 t0�eet Q�4 '�� w .e Case Planner: Mike rwu.11-1 01 10twuO -- I I:01:L6 AIVI R 08 Winebester Re io..al Airport Map Document: (N:\Planning_And_Develo -•••••••�_•-•-•�.�.�t+ ��._�_�.,a,aavr_rvrNaacvvoavvry-v-� rtcLu3Ub U3ILUL5-MXa).J/-I i2UL)d--I1:b1:23 AM hester Reg� Airpo XWWO.9 mom= 4 64 A A RF•9'QhsO�TH< SHENAN9KlAH'l}NI'vERSnY — \ �C Frederick,aunt � VA Rezoning REZ 4 03 - 08 C' J�\ Application o Ca i ooU j+r1 r, Qo �,��s'� Winchester -Regional b AirpGrt Authority m„ i Parcel ID: f a 1,� fi 64 - A - 39A, 40B Location in the County 64 - A - 79 (� \_ 64 A 83 GOVERNOR'S HILL LLC • " �� j ;� ��♦♦ \ \ - SC \ ♦, Map Features jApplication Zoning 10 Lakes/Ponds- B1 (Business, Neighborhood District) \ ♦ - � \, \�\,, � ` • f '� � �� `�\, ♦ ♦ 5,, �` • — Streams B2 (Business, General Distrist) !. 7 Airport aF 63 (Business, IndusMal Transition District) Wit+ UDA ^Ogi EM (Extractive Manufacturing District) '" - SWSA Gi HE Higher Education District) c.:> M1 (Industrial, Light District) p M2 (Industrial, General District) ��\ ar MH7 (Mobile Home Community District) 4P MS (Medical Support District) R4 (Residential Planned Community District) •.,,� \� B4 A 79 p. L ' W R5 (Residential Recreational Community District) WINCHESTER REGIONAL U,,qF� _ O RA (Rural Area District) RP (Residential Performance District) a ' w LwPip4 lel I Location in Surrounding Area ,CK coG 0 250 .500 1.0 Net �.._ Case Planner: Mike -•••••••�_•-•-•�.�.�t+ ��._�_�.,a,aavr_rvrNaacvvoavvry-v-� rtcLu3Ub U3ILUL5-MXa).J/-I i2UL)d--I1:b1:23 AM ` *Winchester Regioixal gri Map Document: (NAPlannino And r)avc lnnmon4\ 1 I Frederick County, STA Rezoning REZ # 03 - 08 Application Winchester Regiona? Airport Authority Parcel ID: 64 - A - 39A, 40B Location in the County 64 - A - 79 Map Features -... /application Lakes/Ponds Streams Airport JJ A - our. xto e 5r ph>..'.,'r lei Location in Surrounding Area 0 250 500 10I OL Mt w - •� �- cz Case Planner: Mike - -----_ --r- ----- •- -• v - • �.-.... �.v_vv � cvv.0 inu/ vt t J/GVUb -- 11 :0l :L3 HM REZONING APPLICATION FORM. FREDERICK COUNTY, VIRGINIA. 7-o be con7jileted by Planning Stqff- Fey Amount Paid S Konini,, Amendment 14\'�'Urjnber BOS Hd 3//arjiig Date jo 1�' �C Ecaring Date The fWluwin� inforinaion shall be prorkktl L3 tile apyVicant: A.11 parcel idc,,ntif.-icatio.iiiiiiiiiber.i, deed. book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Ken[ Street, Winchester. 1. Applicant' C C C1, Name: R- , :r Address: AL 2. Property Owner (if different than above} Name: Address: 3. Contact person if other than above Name: Telephone: -654�11L 5-161� Telephone: Telephone: 4. Cheeldist: Check the fol]ON.k ing iterns that have beta included witli this applicilloll. Localion map Aacnev Comments V 1 -Auo_ PlatFees Deed to property Impact Analysis Statement V Verification of taxes paid Proffer Statement 17 -S. 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: G. A) Current Use of the Property: aC B) Proposed Use of the Property: Va ('At i R - 7. Adjoining Property: PARCEL ID NUMBER USE ZONING lUf/ _aPMI E 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): (035 -Ft Se J �- Avi afi6n;ve- at 4 A 40 riit�i=L�i;� ��11.•.f`rr11 ' �iiii�l�l.'�'.i� [��-��::��:. _ fi . Proposed Re -Zoned Property Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning 64 A 39A -NOT LISTED- Airport Road Winchester Regional 491 Airport Road Airport Authority Winchester, VA 22602 M1 Adjoininq Properties Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning 6911 Portabello Road 645 1 730 Airport Road Land Quest Inc McLean, VA 22101 M1 Winchester Regional 491 Airport Road 6451 A 730 Airport Road Airport Authority Winchester, VA 22602 RA 150 Tailspin Circle 64 A 39 138 Tailspin Circle Wilson Pro ert, LLC Winchester, VA 22602 M1 -NOT LISTED- Winchester Regional 491 Airport Road 64 A 39B Airport Road Airport Authority Winchester, VA 22602 M1 -NOT LISTED- BSW Investments, LLC 401 Madison Forest Drive 64 A 39C near Airport Road c/o Stephen Wilson Herndon, VA 20170 RA Winchester Regional 491 Airport Road 64 A 79 511 Airport Road Airport Authority Winchester, VA 22602 RA I E Proposed Re -Zoned Property Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning 64 A 40B Winchester Regional 491 Airport Road Airport Auth rity 491 Airport Road Winchester, VA 22602 M1 Adjoining Properties Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning Adams, C Douglas & 303 S Loudoun Street 64 A 40A 600 Pe asus Court Patricia N Winchester, VA 22601 B2 -NOT LISTED- P.O. Box 601 64 A 40D Airport Road County of Frederick Winchester, VA 22604 RA Winchester Regional 491 Airport Road 64 A 79 511 Air ort Road Airport Authority Winchester, VA 22602 RA 4264Q Entre Ct 64 A 40K 390 Airport Road Airport Business Park LLC Chantilly, VA 20151 M1 C Proposed Re -Zoned Property Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning 64 A 79 511 Airport Road Winchester Regional Airport Authority 491 Airport Road Winchester, VA 22602 R4 Adjoining Properties Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning 6231 Leesburg Pike 201 Prince Prince Frederick Group LC Suite 600 64 A 89B Frederick Drive c/o James L Mcllvaine Jr. Falls Church, VA 22044 B2 - NOT LISTED - Carpers Valley 8401 Greensboro Dr Ste 300, 64 A 87 Millwood Pike Development LLC McLean, VA 22102 R4 1080 Coverstone The County of Frederick, 107 North Kent Street 64 A 87A Drive VA Winchester, VA 22601 R4 Carpers Valley 8401 Greensboro Dr Ste 300, 64 A 86 1400 Millwood Pike Development LLC McLean, VA 22102 R4 8401 Greensboro Dr Ste 300, 64 A 83 1652 Millwood Pike Governors Hill LLC McLean, VA 22102 R4 8401 Greensboro Dr Ste 300, 64 A 82 1736 Millwood Pike Governors Hill LLC McLean, VA 22102 R4 112 E Piccadilly Street 64 A 80J 296 Arbor Court Cam field LLC Winchester, VA 22601 M1 - NOT LISTED - 112 E Piccadilly Street 64 A 80M Arbor Court Cam field LLC Winchester, VA 22601 M1 338 Arbor Court 64 A 80A 338 Arbor Court Herndon, Dennis A Winchester, VA 22602 M1 P.O. Box 355 6494 380 Arbor Court D & H Family LLC Millwood, VA 22646 M1 Winchester Regional 491 Airport Road 64 A 79G Bufflick Road Airport Authority Winchester, VA 22602 RA - NOT LISTED - Winchester Regional 491 Airport Road 64 5 A Airport Road Airport Authority Winchester, VA 22602 RA Winchester Regional 491 Airport Road 64 5 D 1846 Airport Road jAirport Authority Winchester, VA 22602 RA Proposed Re-Zoned Propert Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zonin 64 A 79 511 Airport Road Winchester Regional 491 Airport Road Airport Authority Winchester, VA 22602 R4 Adjoining Properties Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning Winchester Regional 491 Airport Road 64 5 4A 786 Airport Road Airport Authority Winchester, VA 22602 RA - NOT LISTED - Winchester Regional 491 Airport Road 64 5 3A Airport Road Airport Authority Winchester, VA 22602 RA Winchester Regional 491 Airport Road 6451 A 730 Airport Road Airport Authority Winchester, VA 22602 RA -NOT LISTED- Winchester Regional 491 Airport Road 64 A 39A Airport Road Airport Authority Winchester, VA 22602 M1 -NOT LISTED- Winchester Regional 491 Airport Road 64 A 39B Airport Road Airport Authority Winchester, VA 22602 M1 Henzel, George L & 1539 Meadow Branch Ave 64F 1 1 640 Airport Road Victoria L Winchester, VA 22601 M1 128 Wood Avenue 64F 1 9 600 Airport Road See Properties LP LLP Winchester, VA 22601 M1 Winchester Regional 491 Airport Road 64 A 40B 491 Airport Road Airport Authority Winchester, VA 22602 M1 Adams, C Douglas & 303 S Loudoun Street 64 A 40A 600 Pegasus Court Patricia N Winchester, VA 22601 B2 Boke Properties, LLC 296 Victory Road 64 A 40H 401 Pegasus Court c/o Brenda Lloyd Winchester, VA 22602 B2 500 Pegasus Court 64 A 40G 500 Pegasus Court Neran is Properties, LLC Winchester, VA 22602 B2 Winchester Regional 491 Airport Road 64 A 74 431 Bufflick Road Airport Authority Winchester, VA 22602 RP 1341 Pitcock Lane 64 A 72 417 Bufflick Road lCollins, J W Harvey Winchester, VA 22602 RA Proposed Re -Zoned Property Parcel ID Number Physical Address Owner's Name Owner's Address Existin Zoning 64 A 79 511 Airport Road Winchester Regional Airport Authority 491 Airport Road Winchester, VA 22602 R4 Adjoining Pro erties Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning -NOT LISTED- Marston, Shelva & Haynes, 108 Forest Ridge Road 64 A 71 Bufflick Road Dolores Winchester, VA 22602 RA Marston, Shelva & Haynes, 108 Forest Ridge Road 64 A 70 399 Bufflick Road Dolores Winchester, VA 22602 RA 391 Bufflick Road 64 A 69 391 Bufflick Road Robertson, Kirby Edward Winchester, VA 22602 RA -NOT LISTED- Winchester Regional 491 Airport Road 64 A 68 Bufflick Road Airport Authority Winchester, VA 22602 RA Nesselrodt, Lawrence K & 367 Bufflick Road 64 A 67 367 Bufflick Road Vivian E & Etals Winchester, VA 22602 RA 361 Bufflick Road 64 A 66 361 Bufflick Road Nesselrodt, Richard L Winchester, VA 22602 RA Darr, Barbara & Kenneth L 355 Bufflick Road 64 A 65 355 Bufflick Road Jr. Winchester, VA 22602 RA Hott, Donald L & Kimberly 345 Bufflick Road 64 A 64 345 Bufflick Road F Winchester, VA 22602 RA 339 Bufflick Road 64 A 63 339 Bufflick Road Fishel, Carl W & Hopewell Winchester, VA 22602 RA Winchester Regional 491 Airport Road 64 A 61 325 Bufflick Road Airport Authority Winchester, VA 22602 RA 317 Bufflick Road 64 A 60 317 Bufflick Road Cooper, David A Winchester, VA 22602 RA Kyle, Rober W & Doolan- 299 Bufflick Road 64 A 59 299 Bufflick Road Kyle, Kathy L Winchester, VA 22602 RA Anderson, Charles E & 452 Newlins Hill Road 64B A 48 262 Bufflick Road IBonnieJ Winchester, VA 22603 RA Proposed Re -Zoned Pro ert Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning 64 A 79 511 Airport Road Winchester Regional Airport Authority 491 Airport Road Winchester, VA 22602 R4 Adjoining Properties Parcel ID Number Physical Address Owner's Name Owner's Address Existing Zoning -NOT LISTED- Winchester Regional 491 Airport Road 64B 3 A Bufflick Road Airport Authority Winchester, VA 22602 RA -NOT LISTED- Winchester Regional 491 Airport Road 64B 3 B Bufflick Road Airport Authority Winchester, VA 22602 RA -NOT LISTED- Winchester Regional 491 Airport Road 64 A 88 Bufflick Road Airport Authority Winchester, VA 22602 RA Fredericktowne Group LC 1400 Millwood Pike 64 A 89 204 Ryco Lane c/o Richard G Dick Winchester, VA 22602 B2 9. The following information should be provided according to the t)!pe of rezoning proposed Number of Units Proposed !V'/ Single Family homes: Townh.ome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Souare Footage of Proposed Uses tJ Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 10. Signature: I 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 sib issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge- Applicant(s): /losy� R k t f Owner(s): G— . Date: � 1 (J Date. Date: Date: Aml� The rezoning request from the Winchester Regional Airport Authority is a down zoning request. Once approved, the Airport's property would require lower standards for development in the area and reduce traffic to the area impacted. As such, we request a waiver to the requirement for an Impact Analysis Statement. .401 The Winchester Regional Airport Authority waives the right to place proffers on the land as part of this rezoning application. ACREAGE I'll 11111 TABLE. PARCEL NO. TOTAL ACREAGE CURREN720NINC ACREAGE FOR REZONING PROPOSED ZONING II Mj LN I 31J.iJ AG.MP15.53 AC. R4 y, I i 1 � ; .. CUIi_ETABIE \�� CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD ; �1 ;1 U II Alt w Ii —'i N� n R .. t E.. - _ t { ergo DarvEFA o BE FEzoncD D ¢I D.e a be •. J. i/ r d � � ARF11T o-111ERT1 unE FREDERICK CO— F— L J )A FROM FARCEL 11 TO BE E30NED EaOM IN TO PA `' `!a E�IFll AIBCRLRIl 11 TO _.. —'i N� n R .. t E.. - _ t { ergo DarvEFA o BE FEzoncD D ¢I D.e a be •. J. PRf3/MINARY00 NO! USE FOR CONSIRUCf/ON RE—ZONING APPLICATION WINCHESTER REGIONAL AIRPORT WINCHESTER; VIRGINIA OEM AIRPORT E,H,aR CONSULTANTS, INC. 1 d � � ARF11T o-111ERT1 unE PRf3/MINARY00 NO! USE FOR CONSIRUCf/ON RE—ZONING APPLICATION WINCHESTER REGIONAL AIRPORT WINCHESTER; VIRGINIA OEM AIRPORT E,H,aR CONSULTANTS, INC. 1 DRAWING: 08020 Rezoning.dwg LAYOUT: Ll CK FREDERICK COUNTY PARCEL NIF C' LLE.#64-A-79, 213.13 AC ZONED RA. (N F CLUB 14.63 AC ADDED TO PARCEL 79 FROM PARCEL 86 TO BE 70!' ! I—Ev RE -ZONED FROM R4 TO RA. F A FREDERICK COUNTY FREDERICK COUNTY .11JT PARCEL #64-A-79, PARCEL 213.13 AC, ZONED RA. #64-A-79,213.13 AC, L --------------- 64-A-79 I 1.04 AC ADDED TO ZONED RA. WINCHESTER REGIONALPARCEL 79 FROM 0.25 AC ADDED TO AIRPORT AUTHORITY PARCEL 83 TO BE PARCEL 79 FROM FREDERICK COUNTY DB 659, PG 175 PARCEL #64-A-74, 0.16 \kN D8 800, PG 11393 RE -ZONED FROM R4 PARCEL 82 TO BE RA ---------___.__3_F-ZONED FROM R4 ZONED AC, ZONED RP, TO BE _T 0 RE -ZONED TO R.A,--- x RUNWAY 14-32 _FRIGK PARCEL #64 -A -39A, 0 1.29 A(; -,ZONED Ml, TO BE TERMIfAL RE ED TO RA. 'A FREDERICK COUNT -PAR E #64 -A -40B, 21.11 AC, Z M ADMIRAL YRD DRIVE TO BE RE -ZONE E7) RE -ZONING APPLICATION EXHIBIT WINCHESTER REGIONAL AIRPORT —www ,delf,airp,,t.com— DRAWN BY: PJW I CHECKED BY: TSE I SCALE: DATE: 7EBRUARY2008 P.CREAOE SU,MMARY'LABLE. PARCEL NO. TOTAL ACREAGE CURRENT ZONING ACREAGE GOR REZ.NMG PROPOSED ZONING 6 a33 016 TOTN 15181 5.93 ]i l0 _CU,ABLE _ CURVE `RAONB DELTA_ LEN ENGTH —a BEARI-24 NG CHORD c3 E9o' .a6. a 3vsr.9w fb]0 0.56 W' ate Po' 0961' NSt 31'•]W v ,�.�FpRTRRpPERTY�NE�.,� �I� K� z«,rn.w M t 1 1 1 ` n ~11 BVGfUctt RO Ri'llTbl'•I, 11' 1'� T J 11— IAIIl 6n, _E. REF, TO M 11-1 TI RR � ------ ��: TL _ RCS .RF RTYLNE '_ °�Ep 1- TO '111 IAICIL 11 TO 11 RE zpNEO GRau Ra TO nw.T9- r,wna `> ".��.. N„ fR 1.3'Ao3o RE3oNEpToaA.�-- -- "war BYRp ORrvE TO BE RE2ONE0 RP. 1 1 A r9np�0ai PRFGMtNAFYOO NOT USf FOR fONSTFUCRON RE -ZONING APPLICATION WINCHESTER REGIONAL AIRPORT WINCHESTER, VIRGINIA DELM AIRPORT E"R'BB CONSULFANTS,ING 2 DRAWING: 08020 LAYOUT: L1 \ �\ \ FREDERICK COUNTY PARCEL \ €''`F''''`"€ `''' \ #64-A-79, 213.13 AC ZONED RA. ] (�UUv CLUB UB I.P.\ 14.63 AC ADDED TO PARCEL 79 r D.� . ; > €�r ,, FROM PARCEL 86 TO BE PARCEL #64-A-79, PARCEL RE -ZONED FROM R4 TO RA. S / 64-A-79 1.04 AC ADDED TO ZONED RA. WINCHESTER REGIONAL PARCEL 79 FROM 0.25 AC; ADDED TO AIRPORT AUTHORITY PARCEL 83 TO BE PARCEL 79 FROM DB 659, PG 175 DB 800, PG 1693 RE -ZONED FROM R4 PARCEL 82 TO BE ZONED: RA TO RA. RE -ZONED FROM R4 FREDERICK COUNTY PARCEL #64-A-74, 0.16 AC, ZONED RP, TO BE RE -ZONED TO RA. t FREDERICK COUNTY PARCEL #64 -A -39A, 1.29 AC, ZONED M1, 0.21 AC TO BE -� RE -ZONED TO RA, t _ FREDERICK COUNTY PAR �EL �I V T ADMIRAL TO E REZONED 21.11 C, . CSI M1,_- f�BYRD DRIVE I 0� RE -ZONING APPLICATION EXHIBIT WINCHESTER REGIONAL AIRPORT d e l t a a 2 DRW.o PJW I CHECKED BY: TSE I SCALE: 7'=500' DATE: JANUARY 2008 ] r FREDERICK COUNTY FREDERICK COUNTY PARCEL #64-A-79, PARCEL - - - - - - 213.13 AC, ZONED RA. #64-A-79,213.13 AC, 64-A-79 1.04 AC ADDED TO ZONED RA. WINCHESTER REGIONAL PARCEL 79 FROM 0.25 AC; ADDED TO AIRPORT AUTHORITY PARCEL 83 TO BE PARCEL 79 FROM DB 659, PG 175 DB 800, PG 1693 RE -ZONED FROM R4 PARCEL 82 TO BE ZONED: RA TO RA. RE -ZONED FROM R4 TO RA. FREDERICK COUNTY PARCEL #64 -A -39A, 1.29 AC, ZONED M1, 0.21 AC TO BE -� RE -ZONED TO RA, t _ FREDERICK COUNTY PAR �EL �I V T ADMIRAL TO E REZONED 21.11 C, . CSI M1,_- f�BYRD DRIVE I 0� RE -ZONING APPLICATION EXHIBIT WINCHESTER REGIONAL AIRPORT d e l t a a 2 DRW.o PJW I CHECKED BY: TSE I SCALE: 7'=500' DATE: JANUARY 2008 • C REZONING APPLICATION #09-07 CLEARBROOK PROPERTY Staff Report for the Planning Commission Prepared: October 23, 2007 (Updated March 17, 2008) Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 11/07/07 Tabled 45 days 01/02/08 Tabled 90 days 04/02/08 Pending Board of Supervisors: 04/23/08 Pending PROPOSAL: To rezone 14.53 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the west side of Route 11, approximately 2,200 feet north of Hopewell Rod (Interstate Exit 321) and south of Cedar Hill Road, Route 671. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-125 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: B3 (Industrial Transition) Use: Vacant East: 133 (Industrial Transition) Use: Vacant RA (Rural Areas) Residential West: RA (Rural Areas) Use: Agricultural/Interstate 81 PROPOSED USES: Commercial, Office, and Retail Uses. Page 2 Rez. #09-07 Clearbrook Property March 17, 2008 REVIEW EVALUATIONS. Virginia Department of Transportation: Please see attached correspondence from 1Wr. Lloyd Ingram, VDOT, dated August 22, 2007. Fire Marshall: Plan approval recommended. Clearbrook Fire & Rescue: Based on square footage, the amount of $0.05 to the Clearbrook Vol. Fire Co. we feel is not enough for the service that we will have to provide. Also, the money that goes to the Fred. Co. Fire & Rescue does not help this station for the cost of services. Department of Inspections: No Comment. Department of Public Works: 1. Refer to the hnpact Statement, Physical Impacts, on Page 1: The discussion indicates that the site is not located near any 100 -year flood plains. However, a review of available topographic surveys and the wetlands study performed by Triad Engineering, Inc. indicates that Thomas Run flows through the site. It will be necessary to evaluate the 100 -year storm associated with Thomas Run to determine the impact on the proposed site. The discussion of physical impacts should be expanded to include a description of the soils and underlying geology. It should be noted that the site is underlain by karst limestone which could be susceptible to the development of sinkholes. The discussion of physical impacts should also include a reference to the wetlands study performed by Triad Engineering, Inc. It should be noted that this study does not address the wetlands potential on the northern half of this site. Therefore, an amendment to this report will be required with the master development plan submittal. 2. Refer to the Water Supply paragraph on Page 2: The narrative indicates that this development will "generate" 1,000 gallons per day per acre. This misuse of words should be corrected. 3. Refer to the Drainage paragraph on Page 2: The discussion indicates that this site drains from 1-81 to the site. This statement is not entirely correct. A portion of the site drains to the north towards Cedar Hill Road. A detailed stormwater evaluation will be required to insure that this site does not adversely impact any off-site properties. This evaluation may lead to off-site drainage improvements including, but not limited to, upgrading the culvert located under Route 11. The site developer will be responsible for funding these improvements. 4. Refer to Solid Waste Disposal on Page 2: Provide an estimate of solid waste generated by the proposed development. This estimate should be presented as tons per year. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: We have capacity and will be able to provide sewer and water service to this site. Department of Parks & Recreation: No comment. Health Department: The Health Dept. has no objection as long as adequate central water and sewage systems are to accommodate the proposed development and use of the property. Applications for permits and plans are required for any proposed restaurant or hotel/motel. Winchester Regional Airport: We have reviewed the proposed rezoning application. Allowed uses under this rezoning should not impact airside operations at the Winchester Regional Airport therefore we have no further comment regarding this rezoning request. Page 3 Rez. #09-07 Clearbrook Property March 17, 2008 Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey Report, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Attorney Comments: 1. I would suggest, for uniformity and easy -reference purposes, that the details of the zoning, owners, property, etc. be summarized at the beginning as set forth on the attached format. This format has been used in all recent proffer statements. 2. The first sentence under "Preliminary Matters" ends with a period after the word "District". That is not the end of a sentence, and a comma should go after the word "District" with the sentence continuing with the word "development". 3. The proffer request involves a single parcel of 14.53 acres, a portion of which is sought to be rezoned B2, and a portion which is sought to be rezoned B3. However, the Proffer Statement does not include a Generalized Development Plan, and there was no other information submitted with the materials which I had to indicate where the boundary line is to be drawn between the proposed B2 and B3 zoning districts. 4. In Proffer 1(a)(i), I would recommend that the words "provided by" be changed to words "limited to". 5. In Proffer 1(b)(i), further clarification should be given with respect to the "12' lane", as to whether it is a travel lane, turn lane, etc., and to set forth that it will be constructed to VDOT standards. 6. In Proffer I(c)(i), the word "designate" is vague or inappropriate. This should be clarified. I would recommend consideration to replacing the word "designate" with the words "design and construct". In addition, the proffer should provide that the inter -parcel connection be designed and constructed prior to the first occupancy permit issued for the property. 7. In the last sentence of Proffer 1(d)(ii), it should be stated that the proffer of an additional $2,500 is to the County. Also, it is not clear what the word "prorated" means with respect to this $2,500 lump sum proffer. Also, the timing of when this proffer amount will be paid should be set forth. 8. In Proffer I (e)(i), I would recommend that the last sentence be reworded to state as follows: "This will be started when requested by Frederick County, and, in any event, will be completed before the approval of the first site plan on the property." 9. 1 would recommend that Proffer 1(f)(i) be reworded to state as follows: "The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten feet in width along the frontage of the site on Route 11 prior to the approval of the first site plan on the property." 10. In Proffer I (f)(ii), I would recommend that the words "to dedicate" be inserted after the work "proffers" in the first sentence. In addition, this proffer should set forth the time by which the easement will be dedicated. 11. In Proffer 2(a), I would recommend that the words "for Fire and Rescue purposes" be inserted in place of the words "to be disbursed to the Frederick County Fire and Rescue Department". 12. In Proffer 4(a), the limitation of not more than 12 fuel pumps "per business" is not clear. I assume this is meant to limit the number of fuel pumps per service station, and not to permit a service station to have the number of fuel pumps equal to 12 times the number of businesses on the property. In any event, it would appear that this portion of the proffer is covered by Proffer 6. 13. The staff should review Proffer 4 to determine whether all uses which should be prohibited on the site are listed in this proffer. 14. In Proffer 6(a), I would recommend adding the words "on the property" be added after the word "business". 15. The Proffer is prepared to be signed by "MV Winchester, LLC" (which I assume is the developer). However, the current owner of the property is "Mohebatullah Vahidi", and the Proffer Statement should be signed by him as the owner of the property. Planning Department: Please see letter dated April 5, 2007, signed by Susan K. Eddy, Senior Planner. Transportation Planner: Please see letter dated April 6, 2007, signed by John A. Bishop, Transportation Planner. Page 4 Rez. #09-07 Clearbrook Property March 17, 2008 Planning & Zoning: 1) Site History The original Frederick County zoning map (U-S.G.S. Inwood 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 plan designates the site for business use. The plan states that "Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor". The B2 zoning request is consistent with this plan. Transportation Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does not provide that Level of Service. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. Site Access and design. The Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. Pedestrian accommodations have been addressed with this project with the construction of a bike and pedestrian path along Route 11. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains 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 detailed site plan design. Page 5 Rez. #09-07 Clearbrook Property March 17, 2008 4) Potential Impacts Proposed Uses: The application's proffer statement limits the amount of commercial development to 190,000 square feet of building floor area and further limits the development of several specific land uses. A. Transportation Trak Impact Analysis. The TIA for this project evaluated the development of 30,000 square feet of office, 150,000 square feet of retail, 10,000 square feet of restaurant and a 12 pump gas station with convenience mart with site access being provided by a single site driveway along the west side of Route 1 l . The trip generation figures projected for this project, 12,592 average daily trips, appears reasonable given that the applicant has proffered a maximum floor space of 190,000 square feet, has proffered out truck stops, and limited the number of gas pumps to 12. It is comparable to 190,000 square feet of retail use, the scenario required to be modeled in the rezoning application. The Applicant's revised proffer statement, dated February 21, 2008, has added a prohibition of Gasoline Service Stations. Therefore, the actual impacts may be different from that modeled in the TIA. The TIA indicates that a Level of Service C condition will be maintained at the intersection of Route 11 /Hopewell Road/Brucetown Road with the suggested improvements in place. The TIA-suggested improvements at this intersection include: signalization, an eastbound left- turn lane, an eastbound right - turn lane, a westbound left -turn lane, and a southbound right -turn lane. With regards to the intersection of Route 1 I /Rest Church Road, an unsatisfactory level of service D will be maintained with the suggested improvements in place. None of the above improvements identified in the TIA as being needed to achieve either a Level of Service C or D have been addressed by this application or provided for in the proffer statement. Transportation Program. The Applicant's transportation program is limited to providing for right-of-way dedication along Route 11, the construction of a 12 foot travel lane across the frontage of the site along Route 11 and a right turn lane into the site, limiting site access to one commercial entrance from Route 11, and the designation of inter parcel connection to the south and north. The Applicant has designated an area for an easement along the front of the property in which a bicycle trail will be constructed along the frontage of this property. The application addresses the intersection of Route 11 and Hopewell Road, Route 672, by proffering to enter into a signalization agreement at this location and participating in a share of the cost of this signalization in the amount of $50,000. An additional monetary contribution in the amount of $2,500 is provided to further assist in right-of-way acquisition for future turn lanes at this intersection. The Applicant has included a commitment to provide to the County a transportation study of the Route 11 corridor from Hopewell Road to the West Virginia State Line. Unfortunately, the timing of this study may not be of benefit to the County. Alternately, the Applicant has proffered to provide for the design and construction of one additional left turn lane at the intersection of Route 11 and Rest Church Road. In general, the Applicant's transportation program falls short of addressing the transportation impacts generated by this request, as identified in the Applicant's TIA. C. Design Standards The Northeast Land Use Plan recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on the north side by RA (Rural Areas) zoned property which is used residentially. While it is possible that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed. To that end, the Applicant has provided screening above what would be required by Ordinance adjacent to these properties. Page 6 Rez. #09-07 Clearbrook Property March 17, 2008 The project's location on a major corridor warrants particular attention. Initially, this was not fully provided for in the application. The Applicant has since included additional proffer language that provides for additional landscaping and signage restrictions along the Route 11 frontage of the property in addition to the provision of a split rail fence. The application has provided for additional landscape screening along Interstate 81. Consideration could be given to extending the building material commitment along Route 11 to the building facades along Interstate 81. D. Community Facilities The development of this site will have an impact on community facilities and 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 addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $0.10 per building square foot for Fire and Rescue Services. 5) Proffer Statement — March 15, 2007, Revised September 18, 2007 through February 21, 2008 A) Generalized Development Plan The Applicant has not proffered a Generalized Development Plan B) Land Use The application's proffer statement limits the amount of commercial development to 190,000 square feet of building floor area and further prohibits the development of gasoline service stations, Truck Stops and Mobile Home Dealers from existing on the property. The Applicant has limited the signage along Route 11 to one monument style sign. No other signage restrictions are offered. The Applicant has provided additional landscape screening, above that required by ordinance, adjacent to the neighboring residential properties. In addition, the Applicant has proffered a 10 foot wide landscape screen as defined in the zoning ordinance along the properties frontage along Interstate 81. The Applicant has proffered a split rail fence along Route 11, landscaping along Route 11, and has prohibited parking, signage, or outdoor storage within 50 feet of Route 11. C) Transportation The proffer statement provides for right-of-way dedication along Route 11, the construction of a 12 foot travel lane across the frontage of the site along Route 11 and a right -turn lane into the site, limiting site access to one commercial entrance from Route 11, and the designation of inter parcel connection to the south and north. The Applicant has designated an area for an easement along the front of the property in which a bicycle trail will be constructed. The application addresses the intersection of Route 11 and Hopewell Road, Route 672, by proffering to enter into a signalization agreement at this location and participating in a share of the cost of this signalization in the amount of $50,000. Tile latest proffer statement has modified the proffered contribution to the amount of $100,000 for signalization improvements to allow for this money to be used for transportation and signalization improvements in the Route 11 corridor. Further, the Applicant has included a mechanism for additional contributions based upon reaching a higher vehicle trip count The additional contributions are in the amount of $100,000 and are triggered with the 8,001 and 9,001 vehicle trip counts. However, no mechanism for evaluating or tracking trips is established. This approach has consistently been recognized as being undesirable from the County's perspective. Page 7 Rez. #09-07 Clearbrook Property March 17, 2008 A monetary contribution in the amount of $2,500 is provided to further assist in right-of-way acquisition for future turn lanes at this intersection. The Applicant has removed the commitment to provide to the County a transportation study of the Route 11 corridor from Hopewell Road to the West Virginia State Line, but has proffered to provide an additional left tern lane on Route 11 at the intersection of Rest Church Road. It has not been demonstrated that the right-of-way is available to implement such an improvement at this intersection. In addition, it has not been evaluated what impact such an improvement would have on the existing lane configuration at this intersection. D) Community Facilities This application proffers a monetary contribution in an amount of $0.10 per building square foot for Fire and Rescue Services. E) The Applicant has provided an additional proffer dedicating the necessary easements to ensure access to public water and sewer to the properties to the north of this site. STAFF CONCLUSIONS FOR 11/07/07 PLANNING COMMISSION MEETING: The land use proposed in this rezoning is consistent with the Northeast Land Use Plan. However, the impacts associated with this rezoning request have not been mitigated by the Applicant. In particular, transportation improvements have not been provided that would achieve an acceptable level of service (Level of Service C or better), most significantly, at the two major intersections identified in the Applicant's TIA. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/07/07 MEETING: The applicant's representative requested a postponement to allow additional time to work on transportation issues with VDOT. The Planning Commission unanimously voted to table the rezoning application for 45 days at the applicant's request. (Note: Commissioner Oates abstained from voting.) STAFF UPDATE FOR 01/02/08 PLANNING COMMISSION MEETING: The applicant has provided the Planning Commission with a revised version of the proffer statement, dated November 1, 2007. In an effort to address the outstanding transportation concerns in this general area, the applicant has increased the amount of the monetary contribution from $50,000.00 to $100,000. As the Commission is aware, this amount was identified for signalization improvements to the intersection of route 11 and Hopewell Road, Route 672, one of the intersections impacted by this rezoning request. The monetary contribution in the amount of $2,500 to further assist in right-of-way acquisition for future turn lanes at this intersection remains in place. The applicant also modified the proffer to eliminate the proposed traffic study for the corridor in favor of providing the left -turn lane at the intersection of Route 11 and Rest Church Road. In general, the recommendation previously offered remains valid. The land use proposed in this rezoning is consistent with the Northeast Land Use Plan. However, the impacts associated with this rezoning request have not been mitigated by the applicant. In particular, transportation improvements have not been provided that would achieve an acceptable level of service (Level of Service C or better), Page 8 Rez. #09-07 Clearbrook Property March 17, 2008 most significantly, at the two major intersections identified in the applicant's TIA. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/02/08 MEETING: Three adjoining property owners spoke during the public hearing portion of the meeting. All three voiced concerns about the application being vague and incomplete, particularly because so many uses were permitted under B2 Zoning. They wanted to know what uses were intended and to see a general site layout showing the planned location for buildings, roadways, parking lots, and landscaping. The residents were also concerned about their wells and drain fields. The Deputy Director -Transportation provided information on the County's planned transportation network for this area. He described improvements that included re -alignment of Brucetown and Hopewell Roads, intersection improvements, and signalization. Commission members were interested in knowing the monetary value of the improvements in order to be able to assign improvement costs to each development proposal based on their traffic generation. VDOT's representative felt the most critical item needed at this point was a full design and plans for the alignment of the Hopewell Road intersection, so that VDOT could determine which sections need to be completed first. The applicants said they used worst-case scenario traffic counts for a variety of uses in their TIA because a specific user for the site has not yet been determined. The applicants stated that transportation problems in this area will have to be approached in pieces because no one developer could afford to finance the entire project; they believed they were offering their fair share of the improvements. They spoke about the various transportation proffers made by other projects in this vicinity and believed all the pieces were coming together for this intersection. The Staff and Commission discussed the applicant's TIA which described a variety of improvements at the intersections of Hopewell Road and Rest Church Road, left -turn lanes, additional through lanes, re- alignment, and signalization. It was noted that many details, including right-of-way, still need to be worked out to provide a blueprint on how development will proceed. It was pointed out that the impacts identified in the TIA had not been fully addressed in this application. Commissioners raised concern about moving the application forward without a detailed plan and causing greater impacts at particular locations. Commissioners commented on the need to find some fair and proportionate method for each development to contribute their fair share of the transportation improvements. A motion was made and seconded to deny the rezoning request because the transportation impacts associated with the rezoning had not been mitigated. In particular, transportation improvements had not been provided that would achieve an acceptable LOS Category C, specifically at the two major intersections identified in the applicant's TIA. This motion for denial was defeated, however, by the following vote: YES (TO DENY): Unger, Watt, Light, Ours, Mohn NO: Manuel, Thomas, Kriz, Triplett, Kerr, Wilmot ABSTAIN: Oates Page 9 Rez. #09-07 Clearbrook Property March 17, 2008 Commission members commented that the proposal was within the SWSA and was designated for business use in the Comprehensive Policy Plan. They wanted to see more effort by the applicant, with VDOT and the staff, to reach a level of agreement that this application is providing the best approach, given the scale of the project and how it fits with other development in this area.. A new motion was made and seconded to table the rezoning application for 90 days to allow the developer to meet with local residents and to re-evaluate his transportation plan and proffers. This motion passed by the following majority vote: YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Manuel, Watt, Unger, Wilmot NO: Light ABSTAIN: Oates STAFF UPDATE FOR 04/02/08 PLANNING COMMISSION MEETING: The Applicant has provided a revised Proffer Statement for the project which has eliminated gas stations as an allowed use and added language to provide water and sewer easements to the properties to the north. The transportation proffers have also been modified to broaden the application of the monetary contribution for transportation improvements and provided the potential for additional contributions to be made based upon future trip counts. As noted previously, such an approach is undesirable, complicated, and still does not address the potential transportation impacts generated by this request. In general, the recommendation previously offered remains valid. The land use proposed in this rezoning is consistent with the Northeast Land Use Plan. However, the impacts associated with this rezoning request have not been mitigated by the applicant. In particular, transportation improvements have not been provided that would achieve an acceptable level of service (Level of Service C or better), most significantly, at the two major intersections identified in the applicant's TIA. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adeguately address all concerns raised by the Planning Commission Clearbrook Property Rezoning - Route 11, Frederick County Page 1 of 2 Mike Ruddy From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia_gov] on behalf of Ingram, Lloyd [Lloyd. I ngram@VDOT.Virginia.gov] Sent: Wednesday, October 31, 2007 2:50 PM To: germaneng@comcast.net Cc: Eric Lawrence; mruddy@co.frederick.va.us; Ingram, Lloyd Subject: Clearbrook Property Rezoning - Route 11, Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Clearbrook Property Rezoning Application dated March 15, 2007, revised October 9, 2007. VDOT offers the following comments: a This rezoning is one of several that have been reviewed by this Residency in the Route 11/Clearbrook area. The key intersection of Routes 11 and 672 continues to fall below a Level of Service "C". While it is realized that this one rezoning cannot mitigate the entire needs, the applicant has provided proffers in an attempt to lessen impacts created by this rezoning. ® The value of the offsite proffered improvements has increased with the offer to design and construct the NB Route 11 left turn lane onto WB Rest Church Road. The value of the "OR" proffer is extremely difficult to determine as presented in this proffer. With the potential generation of approximately 12,500 trips per day, the proffers do not appear to adequately address either conclusion found in the TIA, Page 13 of August 28, 2006 submittal. The Residency recently supported a rezoning application that generated only 2400 trips per day. Yet the developer offered turn lane improvements to a major roadway including a signal, a two lane roadway on a 60` right-of-way including a bridge and $720,000 for local transportation improvements It appears that the proffered offsite improvements are not sufficient to mitigate the traffic generated by this proposed rezoning. The Residency is not satisfied with the proffers offered in this rezoning. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the_ I.T. E -.—Trip Generation Manual, Seventh_ Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires inspection fee and surety bond coverage. 11/1/2007 Clearbrook Property Rezoning - Route 11, Frederick County Thank you for allowing us the opportunity to comment. Lloyd A. Ingrain, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 11/1/2007 Page 2 of 2 I—OAAA6J[d.6d W V VuacaAa — x.aaxuxx ivy.o.u3u.bv _ —o From: "Ingram, Lloyd" <Uoyd_Ingram@VDOT.Virginia.gov> To: <germaneng@comeast.net> CC: "Eric Lawrence" <elawrenc@co.frederick.va.us>, "Copp, Jerry" <Jerry. Copp@VDOT.Virginia. gov>, "Ingram, Lloyd"<Lloyd.ingram@VDOT.Virginia.gov> Subject: Clearbrook Property Rezoning - Route 11, Frederick County Date: Wednesday, August 22, 2007 9:36:49 AM The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the Clearbrook Property Rezoning Application dated March 15, 2007. VDOT offers the following comments: This rezoning is one of several that has been reviewed by this Residency in the Route 11/Clearbrook area. The key intersection of Routes 11 and 672, continues to fall below a Level of Service "C". While it is realized that this one rezoning cannot mitigate the entire needs, the applicant has provided several proffers in an attempt to lessen impacts created by this rezoning. The value of the offsite proffered improvements is extremely difficult to determine as presented in these proffers. With the potential generation of approximately 12,500 trips per day, the proffers do not appear to adequately address either conclusion found in the TIA, Page 13 of August 28, 2006 submittal. The Residency is confident the value of the offsite improvements is not sufficient to mitigate the traffic generated by this proposed rezoning. The Residency is not satisfied with the proffers offered in this rezoning. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh. Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 httpJ/mailcenter3.comcast.net/wmc/v/wm/46CC3FAD0005507DO0004C 1 C22165579960... 8/22/2007 ",OU '1'V ci-'FREDERICX Department of Planning and Development 540/665-5654 FAX: 540/665-6395 April 5, 2007 Mr. Claus Bader, P.E. German Engineering, PLC 102 Whipp Drive Winchester, VA 22602 RE: Proposed Rezonina. of Clearbrook Pronertv Dear Claus: I have had the opportunity to review the draft rezoning application for the Clearbrook Property. This application seeks to rezone land from the RA (Rural Areas) District to the B2 (Business General) and B3 (Industrial Transition) Districts. Staff's review comments are listed below for your consideration. 1. Requested Zoning. It is unclear to staff why the applicant is requesting B2 and 133 zoning. The uses proposed (office, retail, restaurant, hotel and gas station) are all allowed in the 132 District, but the hotel and some retail uses are not allowed in the 133 District. If the applicant continues to seek a split zoning, a plan with metes and bounds for each district will be needed. Staff has no idea at present which portion of the site is planned for 132 and which is planned for 133. 2. Northeast Land Use Plan. The site is within the limits of the Northeast Land Use Plan, a component of the Comprehensive Policy Plan. The plan designates the site for business use. The plan states that "Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor". The proposed 132/133 uses are generally consistent with the Northeast Land Use Plan. 3. Northeast Land Use Plan. The Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on the north and east by RA (Rural Areas) zoned properties, which are in residential use. Screening along these properties has been addressed. Consideration should also be given to screening along Interstate 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Page 2 Mr. Claus Bader, P.E. RE_ Proposed Rezoning of Clearbrook Property April 5, 2+ 07 1 81 _ Future inter -parcel connections also need to be considered. An inter -parcel connector was proffered with the Clearbrook Business Center property to the south, and the applicant should work with that property owner to coordinate the location of that connection. The applicant should also consider at least one inter -parcel connection to the north as this area is also planned for business use and the County would not want to see any commercial entrances close to the intersection of Route 11 and Cedar Hill Road. 4. Northeast Land Use Flan. The plan calls for Level of Service Category C or better for proposed industrial and commercial development. This application does not provide that Level of Service. See TIA comments below. 5. Eastern Road Plan. The Eastern Road Plan, a component of the Comprehensive Policy Plan, calls for Martinsburg Pike (Route 11) to be upgraded to a four lane, divided median section. The proffers provide ten additional feet of right-of-way along Route 11, construction of a 12 foot travel lane, and a 20 foot easement along the frontage of Route 11. This aspect of the application conforms to the Eastern Road Plan. 6. Bicycle Plan. The Frederick County Bicycle Plan identifies Martinsburg Pike as a short-term designation. Address the provision of a bike trail on the frontage of this site. 7. Comprehensive Policy Plan. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. While some design features have been proffered, the applicant should seriously consider limiting the size and number of signs. 8. Impact Analysis. The application must address all environmental features, including soil and bedrock conditions. The site contains a significant amount of soil type 32B (Oaklet silt loam, two to seven percent slope) which is classified as prime agricultural soil in Frederick County. 9. Traffic Impact Analysis (TIA). The TIA background information does not include the already approved Clearbrook Business Center and the Woodside Commercial Center. The TIA background information does not include accurate data for Rutherford Crossing, formerly known as the Rutherford Farm Industrial Park. Include data from the most recent Rutherford Crossing TIA, dated September 7, 2006. Page 3 Mr. Claus Bader, P.E. RE: Proposed Rezoning of Clearbrook Property Anri` 5. 2007 10. 'Traffic Impact Analysis. The TIA proposed development trip generation was based on 30,000 square feet of office, 150,000 square feet of retail, 10,000 square feet of restaurant and a gas station with 12 gas pumps. Given that the applicant has proffered a maximum floorspace of 190,000 square feet and also given that the applicant has proffered out truck stops and limited the number of gas pumps to 12, the projected 12,592 average daily trips appears reasonable. It is comparable to 190,000 square feet of retail use, the scenario required to be modeled in the rezoning application. 11. Traffic :impact Analysis. As stated previously, the Northeast Land Use Plan calls for Level of Service C or better. The application does not provide Level of Service C. The TIA-suggested improvements at the intersection of Route 11/Hopewell Road/Brucetown Road include: signalization, an eastbound left - turn lane, an eastbound right -turn lane, a westbound left -turn lane, and a southbound right -turn lane. This application does not address any of the improvements needed at this intersection. The TIA-suggested improvements at the intersection of Route II/Rest Church Road include: a westbound leg, signalization, one eastbound thm-lane and one eastbound left -turn lane, one northbound right -turn lane, an additional northbound left -turn lane and one southbound left -turn lane. Most of these improvements were proffered with the Sempeles Property rezoning and many are already in place. The additional northbound left -turn lane has not been proffered by anyone. 12. Proffer Statement lai. It appears this proffer is trying to limit the number of entrances on Martinsburg Pike. It is recommended that the word "limit" be used. It would be beneficial for the County and VDOT to agree on the location for this entrance. 13. Proffer Statement Ibi. Given the projected traffic from this development, a right -turn lane into this site would be beneficial in addition to the proffered through lane along Route 11. 14. Proffer Statement Ici. As noted in comment #3 above, consider an inter - parcel connection to the north and coordinate the inter -parcel connection to the south with the adjoining property owner. 15. Proffer Statement Idi. The County has not sought a traffic signal at the entrance to this proposed development. in the future, the County may need a signal at the intersection of Cedar Hill Road/Woodside Road and Route 11. A signal at the entrance to this development would be too close to that intersection. The proffered monetary contribution to install the traffic signal at Page 4 Mr. Claus Bader, P.E. RE: Proposed Rezoning of Clearbrook Property April 5, 2007 the site entrance would be better spent addressing other road improvements needed in the area. 16. Proffer Statement ldii. In light of the many improvements that have recently been put in place at the intersection of Route 11 and Rest Church Road, it is very unclear what improvements are being proffered with this rezoning. Please provide greater detail. This proffer also needs a timing element, such as before the first building permit. Consider a proffer that addresses the needed improvements at the intersection of Route 11 and Hopewell RoadBrucetown Road. 17. Proffer Statement le. In light of the many improvements that have recently been put in place at the intersection of Route 11 and Rest Church Road, including new signalization, it is very unclear what is being offered with this proffer. Provide greater detail. 18. Proffer Statement. It is clear that the applicant is trying to proffer road improvements commensurate with the development proposed. Some of the proposed improvements are already being provided by others. The applicant will need to work with County staff and VDOT to better establish appropriate improvements that can be addressed with this application. 19. Adjoiners. Add details of property 33-A-126 to the list of adjoining properties. 20. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, Clearbrook Fire and Rescue Company, the Frederick -Winchester Service Authority and the Frederick County Attorney. 21. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of January 27, 2005. Fees may change. Page 5 Mr. Claus Bader, P.E. RE: Proposed Rezoning of Clearbrook Property April 5, 2007 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, —du'a�o /�/- - It Susan K. Eddy, AICP Senior Planner SKE/bad cc: MV Winchester, LLC, c/o Mo Vahidi, American Medical Equipment & Services, 794 Center Street, Herndon, VA 20171 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-639S April 6, 2007 Claus Bader, P.E. German Engineering, PLC 102 Whipp Drive Winchester, VA 22602 RE: County Transportation Planner Comment on the Preliminary Rezoning Application for the Clearbrook Property Dear Mr. Bader: As the Transportation Planner for Frederick County, VA in which the proposed rezoning is located, I have reviewed the Traffic Impact Analysis and Rezoning Application for the Clearbrook Property. I have the following comments and concerns to point out: Traffic Impact Analysis The TIA does not include a signed copy of the VDOT scoping sheet. This document aids the County in review of the TIA by detailing what is agreed upon at that scoping session. 2. Staff experience with VDOT has been that Synchro has been required for TIAs in this region. Is there a particular reason that HCS+ was used for this particular TIA? 3. Due to the proximity of this development and the square footage, it seems appropriate to study the intersection of Route 11 and Route 671 which is just 650 feet from the proposed site driveway. 4. Table 1 on page 5, detailing background traffic, shows grossly incorrect traffic generation from the Rutherford's Farm development. This background needs to be updated to the current approved use based upon the updated Rutherford TIA. In addition, the rezoning of parcels 33 -A -124A (Woodside Commercial Center) and 33 -A -123/33 -A -122A (Clearbrook Business Center) has not been included in the background traffic. 5. On page 10 of the TIA which depicts the development -generated trip assignments, 755 trips are shown taking the northbound off -ramp from I-81 to Route 669 (Rest Church Road) and the same 755 trips taking the return trip southbound. I find it unlikely that northbound I-81 trips are going to bypass the interchange at I-81 and Route 672 (Hopewell Road) to take the I-81/Rest Church exit and head south on Route 11 to this proposed development. These 755 trips need to be allocated to the I-81/Hopewell Road interchange. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Claus Bader RE: County Transportation Planner Comment on the Preliminary Rezoning Application for the Clearbrook Property April 6, 2007 Page 2 6. The `new intersection' box and the suggested improvements boxes on page 12 do not meet level of service "C" as required in the Comprehensive Plan's discussion of traffic analysis. In addition, there is no indication of the source of the improvements shown in the `New Intersection' box. More specifically, a second northbound left turn lane on Route 11 to Rest Church Road is shown, but there are currently no existing agreements to implement this turn lane. 7. In the HCS+ detail reports included in the appendix, a Peak Hour Factor of .88 is used for all analysis except the site driveway where .90 is used. I find it unlikely that traffic will be proceeding more expediently to and from the site driveway than the surrounding road system. Please correct this discrepancy. In summary, the traffic impact analysis, in its current state, makes an accurate determination of impacts and needs in this area very difficult and as such does not meet the requirements outlined in the transportation section of the comprehensive plan for impact analysis. Rezoning Application/Proffers 1. Regarding Proffer 1 -a -i, the proffer states that access will be provided by one commercial entrance and that the final location of said entrance will be subject to VDOT review and approval. Better language might be limited to one commercial entrance with that location subject to VDOT and County review and approval. In addition, any entrance implemented ideally would align with the entrance to parcel 33 -A -124A, which was recently rezoned as Woodside Commercial Center. 2. Regarding Proffer 1 -b -i, the proffer states that the applicant will construct a 12 foot lane along the frontage of the site on Route 11 and that the improvement will be built prior to receiving any occupancy permits. One lane implements the Eastern Road Plan desire for two southbound through -lanes in this area, but does not address the right turn lane that will be desired for this site as that Road Plan is implemented. In addition, please consider the planned ten foot bike path for the west side of Route 11. 3. Regarding Proffer 1 -c -i, the proffer states that the applicant will designate one inter - parcel connection along the southern boundary. This does not meet County requirements. Inter -parcel connection to the north should be considered. In addition, the southern inter -parcel connection will ideally be coordinated with the recently rezoned Clearbrook Business Center. 4. Regarding Proffer 1 -d -i, the proffer states that the applicant will install a traffic signal at the entrance to the development. If there is to be a future signal on this section of Route 11 the proper location will be at the intersection of Route 11 and Route 671. The entrance to the proposed development is too close to this potential future signal. Claus Bader RE: County Transportation Planner Comment on the Preliminary Rezoning Application for the Clearbrook Property April 6, 2007 Page 3 5. Regarding proffer 1 -d -ii, without the applicant summarizing other proffers to this intersection, it is difficult to determine what this proffer actually adds to the intersection of Rest Church and Route 11. Please clarify. 6. Regarding proffer 1 -e -i, the proffer states that to address off-site impacts of the development, the applicant will provide engineering and design to the intersection of Route 11 and Rest Church Road. While I strongly agree that there is a significant need to address the impacts of this development on the surrounding transportation network beyond the development frontage, this proffer may not be the appropriate way to address the wider impacts of the proposed development in terms of the Route 11 corridor, this and other significantly impacted intersections. In addition, once again it is unclear what is already proffered at this particular intersection. In summary, it appears that the transportation proffers shown here are just less than those of the rezoning of parcel 33 -A -124A (Woodside Commercial Center). The problem with that is that Woodside Commercial Center has an approved proposal that will generate less than half of the vehicle trips of this development. The submitted proffers fail to mitigate impacts projected by the TIA and that is with a TIA that fails to properly model background traffic, or the flow of traffic created by this proposed development. Should you have any questions or wish to discuss this review further, please contact the case planner, Mrs. Susan Eddy, and we can arrange a meeting which I will be happy to attend. Sincerely, John A. Bishop, AICP Transportation Planner JAB/bad cc: MV Winchester, LLC Lloyd Ingram, VDOT Jerry Copp, VDOT MOR' ON,MARKA P 86P BOYC�KPVB � V Y� ¢� y meati 33 A 112 / FAIRFIELD FARM OF FREDERICK CO,LLC Cedar�vJ��O' 33 A 113 BLAIN, BRADLEY K LGDAR HILL ESTATES 33 A 124 BLAIN, BRADLEY K ¢a \ 33A 114C "i HMC, LP, LLP OPEN DOOR BAA A 23 rCNORCH /NC 33A 1148 HMC, LP, LLP 44 A 84 WAVERLY FARM k 33 A ,1628 FREDERICK, COUNTY OF LLQ11F- OK PARK , c 33 i COOK 0 876 j AVID C m q 'yam O Ap U tV 11 Jy5 yy ro p �O Q5 Q P2 L O o m �o 9 c z' a 34 A 11A � 0-N MINERALS (CHEMSTONE) COMPANY. v ¢i OpQ � cv BOG LL 1p0. 33 M`'t 0 Map Document: (NAP [anning_And_Development\ 1_Locator_Mps\ClearbrookProperty REZ0907 07 ReZoning REZ # 09 - 07 Application Clearbrook Parcel ID: 33-A-25 Location in the County Map Features O Hamlets Future Rt37 Bypass Application Streets Primary Secondary Tertiary `- Winchester Res Urban Development Area SWSA 0 150300 6010eet ' ® n Case Planner: Candice 5f9nn7 -- 1'4a -1A PRA -- — _ ---- —-.--.--^.�•��••• ...t..,�.7_ �•��ovr—vrcuvI AI[AU) !7[O/LUU/ -- 1:54:"14 FM REZ #11� - 07 Land to 11rIap -- - - - --._._-......,,••• ,.,r...y_,��..ov, _vr �ov,.n �xu/ u.-attvut --1:54:"14 YM GERMAN ENGINEERING PLC P.O. Box 4205 WINCHESTEE!, VA 22004 540-664-1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader Cate: 3/7/2008 Re: Clearbrook property Mike, Here are the revised proffers for the Clearbrook rezoning. We changed them to reflect Roger Thomas' comments at the Planning Commission, eliminated gas stations as an allowed use and added language to provide water and sewer easements to the properties to the north in an effort to give these residents some of what they requested in a meeting on February 19th. We are unable to provide the residents with everything they asked for such as rezoning their property to B-2 free of charge. Thanks, Claus M1 i", l 7 2008 Rezoning: Property: Record Owner: Applicant: Project Name: Original Bate of Proffers Revised Bate Proffers: Magisterial. District: Preliminary Matters RZ #09-07 Area: 14.53 acres Tax Parcel 33-(A)-125 MV Winchester, LLC W Winchester, LLC, CIO Claus Bader, P.E. Clearbrook Property Larch 15, 2007 June 14, 2007 August 22, 2007 September 17, 2007 September 18, 2007 November 7, 2007 February 21, 2008 Stonewall 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 909-07 for rezoning of 14.53 -acres from the RA District to General Business (B-2) District, development of the subject property shall be performed in accordance with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to Mohebatullah Vahidi from Akhter Sayef and Gous Ahmed as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050012825 dated June 15, 2005. Proffers 1. Transportation a. Access a. Direct Access to Martinsburg Pike (US Route 11) shall be limited to one commercial entrance to provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Turn lane a. The applicant hereby proffers to construct a 12' travel lane along the frontage of the site on Route 11 and a right turn lane into the site from Route 11. All road improvements shall be constructed in accordance with VDOT standards. This will be built prior to receiving any occupancy permits. c. Inter -parcel Connections a. Upon construction of a state approved entrance onto Martinsburg Pike, Route 11, the applicant hereby proffers to designate one inter - parcel connection to the property to the south and to the north. The final location of the inter -parcel connections shall be determined a+ the Master Development stage.. d. Transportation and Signalization Improvements a. For vehicle trips generated by the development of the property up to 8,000 vehicles per day, the applicant hereby proffers to contribute $100,000.00 toward transportation and signalization improvements in the Route 1 I corridor, including the offset intersection of Route 11 with Hopewell Road (Route 672) in recognition of off-site transportation impacts. The final design and location of the improvements will be determined by the Virginia Department of Transportation (VDOT). This agency will also determine when this improvement will be warranted. The applicant shall enter into a "improvement and signalization agreement" with VDOT that provides the aforesaid $100,000.00 one time contribution towards the cost of the improvements and signalization. This contribution will be paid to Frederick County upon the issuance of the first occupancy permit in the development. Additional contributions for transportation improvements shall be made based on the number of vehicle trips generated by the development of the property in accordance with the following schedule: Vehicle trips per day from 8,001-9,000: an additional $100,000.00 Vehicle trips per day from 9,001-12,000: an additional $100,000.00 These additional contributions shall be made when vehicle trip counts for the subject property meet or exceed the above trip rates. N The applicant also proffers an additional $2,500 to be applied towards the right of way acquisition for future turn lanes at the Hopewell Road/Route 11 intersection upon the request of the County. These funds will be paid to Frederick County upon the issuance of the first occupancy permit in the development. e. Contributions for Road improvements in recognition of off-site transportation impacts. The applicant hereby proffers to design and construct an additional left turn lane on route 11 North at the intersection with Rest Church Road. Work shall begin on this improvement within eighteen (18) months of the approval of the first site plan for the property or at the request of VDQT. £ Right of Way Dedication a. The applicant hereby proffers to dedicate to the Commonwealth of Virginia a strip of land ten(10') feet in width along the frontage of the site on Route 11. The dedication will take place as a part of the approval of the first site plan. b. The applicant hereby proffers to dedicate a twenty foot(20') drainage, pedestrian, and utility easement along the frontage of Martinsburg Pike, Route 11, to Frederick County. The Applicant also proffers to construct the bicycle trail along the frontage of the subject property within the easement and will contain the bicycle trail as identified on the County plan. The applicant will retain the right to place the proffered split rail fence (see item 7-A) and a monument sign (see item 7-13) within this easement. The dedication will take place as a part of the approval of the first site plan. 2. Monetary Contributions — Fire & Rescue a. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, of $0.15 per building square foot for Fire and Rescue purposes, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The applicant hereby proffers that the combined building floor area on this site shall not to exceed 190,000 square feet. 4. The applicant hereby voluntarily prohibits the following uses from existing on the subject properties_ a. "Truck Stops -Retail" as noted in SIC 5541. b. SIC 5271 — "Mobile Home Dealers" c. SIC 5541 —"Gasoline Service Stations" 5. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreens trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of development. The applicant proffers a combination of deciduous trees, planted 40 feet apart and shrubs along the bicycle trail on the property along Route 11. In addition, the applicant proffers a ten (10) foot wide landscape screen as defined in the zoning ordinance along the property's frontage on Interstate 81. 6. Corridor Enhancements to be completed by prior to the first occupancy permit. a. The applicant will construct a split rail fence along the road frontage. b. The applicant will erect a single monument style sign, not to exceed twelve (12') in height, with the park's narne and list of tenants. This monument sign will not exceed twelve (12') in height or one hundred (100 sf) square in area. The applicant will not install any freestanding signs between the buildings and Route 11 other than this one monument sign. c. The applicant will not allow any parking spaces or outdoor storage to be constructed within 50' of Route 11. d. The applicant will require each building facade along Route 11 to be constructed of wood, vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business park and on all sides not facing Route 11. 8. Design Standards for parking areas a. The applicant shall design the parking areas for the site to incorporate green design standards to reduce the storm water runoff from the pavement through the use of bio retention areas. 9. Water and Sewer Access to Adjoining Properties a. The applicant shall cause to be dedicated to the Frederick County Sanitation Authority the necessary easements to ensure access to public water and sewer to the properties to the north of the subject site. An W The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: MV Winchester, LLC BY: - P-1 4 14-ri- 3 Mohebatullah Vahidi Date Commonwealth of Virginia, City/County of i -L To Wit: f I The foregoing instrument was acknowledged before me this G7 day of �r'1 tr, 2008 By �V _ _ SANG WON HA Notary Public Commonwealth of Virginia Reg. #7147140 e 2011 1C My Commission Expires�� Registration No.P' / �t 7 12648 Vahidi \ A:\1001-Pi-offerSeptemberl8v5.doc 5 Impact Statement For consideration of Rezoning the lands for the Clearbrook Property Stonewall Magisterial District Frederick County, Virginia March 15, 2007 Revised June 14, 2007 Tax Map Number 33-(A)-125 Total Area: 14.53 acres Owner. MV Winchester, LLC C/O American Medical Equipment & Service 794 Center Street Herndon, VA 20170 Contact: Claus Bader, P.E. German Engineering, PLC 102 Whipp Drive Winchester, VA 22602 (540) 664-1971 Clearbrook Propex-ty Rezoning Introduction The site is located between Interstate 81 and Martinsburg Pike (US Route 11) about 2,200' north of exit 321 in Clearbrook, VA. The site has one house and several storage buildings on it. The Owner is seeking a change in zoning from RA to B2 to create a neighborhood business park that is consistent with the Frederick County Comprehensive Plan. Existing Conditions The majority of the property is now a hayfield and is improved with a single family dwelling unit and three out buildings. Comnrehensive Planning The site is intended to be zoned to business/commercial per the comprehensive plan and public water and sewer is available at the site. The benefit to Frederick County by approving this rezoning will be a positive economic impact and employment opportunities for our citizens. Proposed Development The applicant plans to remove all buildings except for the house on the property. This structure is to be converted to an office use. The site will be graded, landscaped, and a commercial entrance installed that will meet current VDOT regulations. There are no any tenants for the property; therefore, the traffic and fiscal impacts will assume a gas station with food mart not to exceed twelve (12) pumps, a 10,000 sf restaurant, 30,000 sf of office space 150,000 sf of retail and commercial space with associated parking. A portion of the commercial/retail space may be occupied by a 100 room hotel. Physical Impacts The site is not located near any 100 year flood plains. The drainage channel known as Thomas Run will be evaluated as a part if the required site plans for the project. Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Due to the karst geology of the area, a study of the geology may be required prior to construction of any facilities on the property. The wetlands delineated by the study preformed by Triad Engineering will be incorporated into the development plans and identified on the Master Plan as required by Frederick County Code. Surrounding Properties The site is bounded by Route 11 to the east and Interstate 81 to the west. The property to the south has been rezoned from RA to B-3. The parcels to the north are residential and parcels are intended to become commercial as indicated by the Comprehensive Pian. Traffic Impact and Analysis See attached report by Patton Harris Rust Associates. Sewer Conveyance and Treatment The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 7,265 gpd. The applicant will build a sewer pump station to be dedicated to the FCSA. The pump station's holding capacity will be designed so that additional pumps can be installed in the future to accommodate neighboring parcels. Water Supply The FCSA has a 12" water main along Route 11. This development is expected to use 1000 gallons/day/acre for a total of 14,530 gpd. Drainage The site currently drains from Interstate 81 to the east and to the north. This development will adhere to the Frederick County Ordinance and to the guidelines set forth by the Department of Public Works for stormwater management quantity and quality. Solid Waste Disposal The Civil Engineering Reference Manual, 4"' edition uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. Given the size of this project, 1,471 tons of solid waste can be expected to be generated by this site each year. The solid waste will be transferred to the Frederick County Landfill Facility by licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. Police Fire and Rescue Impact 2 The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.05 per building square directly to the Clearbrook Volunteer Fire Department and also $0.05 per building square to the County for fire and rescue services. Parks & recreation Impact The only impact to the Parks might some of the businesses signing up for shelters for company picnics. This development is not expected to increase population; therefore, no measurable impacts are predicted. 3 CwERMAN ENGxINEERING7, PEC 102 WHIPP DRIVE WINCHESTER, VA 22002 540-664-1971 CLEARBROOK PROPERTY VICINITY MAP TAX MAP 33-A-125 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA DESIGN: CSB DRAWN: CSB CHECKED: C5B FILE: 1001 -MO DATE: 3/15/07 SCALE: 1"=100 A Traffic Impact Analysis of the Clearbrook Property Located in: Frederick County, Virginia Prepared for: MV Winchester, LLC C/O American Medical Equipment and Services 794 Center Street Herndon, VA 20170 Prepared by: Patton Harris Rust & Associates, pc Engneers. Surveyors_ Planners. Landscape Architects. 300 Foxcroft Avenue, Suite 200 F 304 264Martinsbu.9 West Virginia 25401 71 PH August 28, 2006 OVERVIEW Report Summary Patton Harris Rust &Associates, pc (PHF.+A) has prepared this document to present the traffic impacts associated with the proposed Clearbrook Property located along the west side of Route 11 (Martinsburg Pike), north of the intersection of Route ll/Hopewell Road, in Frederick County, Virginia. The proposed project is to be comprised of 30,000 square feet of office, 150,000 square feet of retail, 10,000 square feet of restaurant and 12 pump gas station with convenience mart with access to be provided via a single site -driveway along the west side of Route 11. The project is to be built -out over a single transportation phase by the Year 2010. Figure 1 is provided to illustrate the location of the proposed Clearbrook Property with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Clearbrook Property were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the study area, • Calculation of trip generation for the proposed Clearbrook Property, • Distribution and assignment of the Clearbrook Property development -generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS+, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 11 (Martinsburg Pike)/Hopewell RoadBrucetown Road, Hopewell Road/ I-81 northbound ramps, Hopewell Road/ 1-81 southbound ramps, Route 11/ Rest Church Road (Route 669), Rest Church Road/ I-81 northbound ramps and Rest Church Road/ I-81 southbound ramps. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.2 % based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT (Average Daily Trips) and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 illustrates the respective existing lane geometry and levels of service. All traffic count data and HCS+ levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis ofthe Clearbrook Property Project Number: 14623-1-.0 August 28, 2006 PHPage I I No Scale 7 T cYr Rid ewa W Ilk .. a` I tt, Combs �� n# st Churchd r� la _ Chapel UrPw D HUtk H�1th VvDodb- �✓- i` t edar Hilljj1�` SITE J� 1 tzl A, 3) O ' ti j opPWPlm( $y ! Bru etOWO,RX� 07—"' LP -8 ,P + A Figure 1 Vicinity Map s Clearbrook Properly in Frederick County, Virginia A Traffic Impact Analysis of the Clearbrook Property Project Number: 14623-1-0 28,206 PH"A+ August 28, 2 e 2 Page 2 b � h �y O (241 86(228) 86(228) No Scale )1 (135 a� (85) 65 �--� H4 (129)73 (173)163. Road Figure 2 Rest Church Road E R a 0 78(6j) �► 235(2I9) )x`10 L SITE Site- Dnve 1 o N N � b � N � (322)137-__O (Sq)1j7 �a N h h 392(47) tice[ (4 (Sq) 8 RO�aX 54(52j �Qn 11 AM Peak Hour(PM Peak Hour) Existing Traffic Conditions A Trak Impact Analysis of the Clearbrook PropertyClearbrook Property Project Number: 14623-1-0 +A August 28, 2006 3 3 Signalized 1 n Intersection O� I Oi B(B) Signalized Intersection LOS—B(B) y g No Scale (4).4 -Rest Church Road SITE _Site - Intersection i o � � �Q Signalized Intersection LOS-B(B) * UnsiLi1itiz Intersecon Brucetown Road Q � Q7tp Bruceto, �� *�)CRodd 4Unsign2l�A)� ze Inters, ecton n 11 Figure 3 PH R+A AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement Denotes two-way left turn lane Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of the Clearbrook Property Project Number: 14623-1-0 August 28, 2006 Page 4 2010 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2002 and 2004) for Route I 1 within the vicinity of the site, a growth rate of 3.5 % was calculated and applied to the existing traffic volumes (shown in Figure 2) to obtain the 2010 base conditions. Additionally, PHR+A included specific future developments located within the vicinity of the proposed site. Using the 7 t Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to summarize the 2010 "other developments" trip generation. Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 5 shows the respective 2010 background lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. Table 1 2010 Background Developments Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 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 538 151 689 3399 845 1,245 10,763 Rutherford's Farm Industrial Park I30 Industrial Park 500,000 SF 292 64 356 90 337 427 3,228 Total 292 64 356 90 337 427 3,228 Stephenson Village 210 Single -Family Detached 215 units 40 120 160 137 77 214 2,145 220 Apartment 120 units 10 53 63 56 28 84 853 230 Townhouse/Condo 195 units 15 72 87 71 35 107 1,697 251 Elderly Housing - Detach 133 units 17 30 47 55 3I 86 531 253 Elderly Housing - Attach 36 units 2 1 3 2 1 4 125 Total 83 276 359 321 172 493 5,351 * Assumed 50% build -out for Year 2010 A Trade Impact Analysis of the Clearbrook Property RA Project Number_ 14623-1-0 PH August 28, 2 e 5 Page 5 Figure 4 2010 Background Traffic Conditions Finn A Traffic Impact Analysis or the Clearbrook Property Project Number: 14623-1-0 August 28, 2006 Page 6 i ��oeA Qi -D Signalized G Intersection 0 % / LOS--B(B)� No Scale (A)A Signalized OG Intersection Gp eta LOS--B(B) p� Rest Chu fih Road / E G Unsignalizeu p Intersection �A)A "00 4 1 SITE —Si te- DnveI Ntgnattzed "New Intersection" Intersection EB - I Left WS--c(c) Fourth Leg LOS C(C)' Si gn alization V EB - I L e ft + 1 Right AL 'ell Road ir. - V Figure 5 2010 Background Lane Geometry and Levels of Service RAA Traffic Impact Analysis of the Clem -brook Property Project Number: 14623-1-0 August 28, 2006 7 7 s ,Ignauzeu "Suggested In Improvements" LOS C(C)' Si gn alization 11 EB - I L e ft + 1 Right AL 'ell Road CCC . Brucetown Road (QC. 9�A)� Unsignalized i�, NOTE A' ssuutted 10secoudyell ow%red -clearance Intersection Q ��% Q for- the eastbound and westbound direction to account - - focthe offset'' B�*e�E Dadb� 01)t 00 Q * AM Peak Hour (PM Peak Hour) II * Denotes Unsignalized Critical Movement Denotes two-way'left turn lane Figure 5 2010 Background Lane Geometry and Levels of Service RAA Traffic Impact Analysis of the Clem -brook Property Project Number: 14623-1-0 August 28, 2006 7 7 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Clearbrook Property. Table 2 Proposed Development: Clearbrook Property Trin Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 710 Office 30,000 SF 63 9 72 19 93 112 528 820 Retail 150,000 SF 122 78 200 393 425 818 8,839 932 H -T Restaurant 10,000 SF 60 55 115 67 43 109 1,272 945 Gas Sta w/ Mart 12 pumps 60 60 121 80 80 161 1,953 Total 305 202 507 559 642 1,200 12,592 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Clearbrook Property site. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments. 2010 BUILD -OUT CONDITIONS The Clearbrook Property assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 9 shows the respective 2010 build -out lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the Clearbrook Property Project Number: 14623-1-0 +A H August 28, 2006 PPage 8 No Scale -f- Figure 6 Trip Distribution Percentages A Trak Impact Analysis of -the Clearbrook Property Project Number: 14623-1-0 August 28, 2006 Page 9 ro ,y 4 np No Scale «� Q h m ~ O � ]r _ eyal ReSt Church Road (291)159 00 1 � w Q 7 81(257) (223)122 -ft*V 24(77) b SI 1 ii (39D�125 Site- (244)77 Drive-- e ry 11 E A G O 11 ,sir sOftft57(180) Ho ewell Road to I h, L ye4 / grucetovvn 1Coa' b 7(j80 B (156)85 Ro t� ll e AM Peak Hour(PM Peak Hour) momm� LP, T_P + / \ r Figure 7 Development -Generated Trip Assignments AA Trac Impact Analysis of Clearbrook PropertyImpact Analysis ofthe Clearbrook Property PH RA Project Number: 14623-1-0 August 28, 2006 Page 10 RAA Trak Impact Analysis of the Clearbrook Property ProjectNumber_ I4623 -I-0 August 28, 2006 P Page C I Signalized �ro Signalized Intersection O Intersection L05 B(B) p` O LOS=B(B) 7- O No Scale B18 �► a `�, �„ Rest Church Road VSignalized Intersection LOS=B(B) E \ A Unsignalizec p Intersection O� Q14� Hopewell� * F �m 4(9),,- m Unsignalized Intersection O UO f� +A SITE Site- Dri� Intersection \ veto Signalized. "Suggested Intersection Improvements" LOS—C(C) Signalization EB - I Left + I Right WB- I Left SB - I Right U _ V CNS �r n AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement Denotes two-way left turn lane Figure 9 2010 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis o{the Clearbrook Property Project Number= 14623-1-0 August 28, 2006PHP A+12 Page 12 CONCLUSION The traffic impacts associated with the proposed Clearbrook Property are acceptable and manageable. Assuming suggested improvements, all intersections except the intersection of Route 1 I/Rest Church Road, will maintain overall levels of service "C" or better during 2010 build -out conditions. The intersection of Route 1 I/Rest Church Road will maintain levels of service "D". The following describes the suggested roadway improvements for each of the study area intersections as shown in Figure 9 during 2010 build -out conditions. • Route 11 / Hopewell RoadBrucetown Road: Traffic signalization along with separate eastbound left and right turn lanes, westbound left turn lane and southbound right turn lane will be required to maintain acceptable levels of service. • Route 11 / Rest Church Road: Westbound leg along with additional eastbound and northbound left turn lane will be required to maintain acceptable levels of service. PH ��A Trak ImnactAnalysis ofthe Clearbrook Prooerty Project Number: 14623-1-0 August 28, 2006 Page 13 REZONING AppLICATION FORM FREDERICK COUNTY, V IRGliN-IA be completed by Planning Staff-* Fee Amount Paid $ zl-"5-193 9�' Date Received `! g ling Amendment Number BOS Hearing Date 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, 1 07 North ]Kent Street, Winchester. L Applicant: Name: MV Winchester, LLC Address: 794 Genter Street Herndon VA 20170 2. property Owner (if different than above) Name: Mohebatullah Vahidi Address: i 794 Center Street Herndon VA 20170 3. Contact person if other than above Telephone: (703)-471-0082 Telephone: (703)-471-0082 Name: Claus Bader, P.E., German Engineering Telephone: (640) 664-1971 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 11 5. The _Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. ;'lease list below all owners or parties in interest of the land to be rezoned: Mohebatullah V hidi 6. A) Current Use of the Property: RA Residential and agricultural B) Proposed Use of the Property: 7. Adjoining Property: PARCEL JID NUMBER USE ZCNJNG Please see the attached. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): This property is located on the west side of Route 11 approximately 2.200 feet north of Interstate exit 321 (Hopewell Road) in Clearbrook, VA. 12 9. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: Max. of 5 Mobile Home: 0 Hotel Rooms: 100 Square Footage of Proposed Uses Office: 30,000 Service Station: 12 pumps Retail: 75,000 Manufacturing: Restaurant: 10,000 Warehouse: Other: 75,000 sf, 100 Room Hotel 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): - , f - ��" Date:�� Date: Owner(s): eu1 - fj Date: 7 Date: 13 Adjoining properly Owners Rezoning Owners of property adjoining the land will be notified ofthe Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any properly abu Ping the requested property on the suite or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name rind Property Identification Nucnher Address Name R & J Land Development, LLC 1631 Red Bud Road Winchester, VA 22603 Property # 33-A-123 Zone: B3, Use: Vacant 35 Flatt Road Name_ Bradely K. Blain Rochester, NY 14623 Property # 33-A-124 Zone: RA, Use: Vacant/Agricultural 3703 Martinsburg Pike Name Elaine F. Magee Clearbrook, VA 22624 Property # 33 -A -125A Zone: RA, Use: Residential P.O. Box 10 Name Deborah D. Swimley Clearbrook, VA 22624 Property # 33 -A -125B Zone: RA, Use: Residential P.O. Box 113 Name Philip K. Martin Brucetown, VA 22622 Property # 33 -A -125C Zone: RA, Use: Residential 2042 Cedar Hill Road Name Robert O. & Joyce Widdows Clearbrook, VA 22624 Property # 33-A-1 25E Zone: RA, Use: Residential 2000 Cedar Hill Road Name Mark & Elizabeth Caroline Regan Clearbrook, VA 22624 Property # 33-A-- 125D Zone: RA, Use: Residential 1073 Red Bud Road Name Silverwolfe, LLC Winchester, VA 22603 Property # 33 -A -124A Zone: B3, Use: Vacant 2587 Northwestern Pike Name Open Door Baptist Church, Inc. Winchester, VA 22602 Property # 33 -A -124A Zone: RA, Use: Church 14 Name and Property identification Number Address Name Frederick A. & Un H. Stronko 3656 Martinsburg Pike Clearbrook, VA 22624 Zone: RA, Use: Residential Property # 33 -A -124D Name Everett L. Caton 2060 Cedar Hill Road Clearbrook, VA 22624 Zone: RA, Use: Residential Proper' �' Proper' ff 33-A-126 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 15 Ki Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) MO&C-M-TI 1-1,19 y (/R91,0) (Phone) 703-471'0082 7 CE Pt e 5TP-E-E-7- (Address) CZb AY6W. 5YJ� VR 90176 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. 0500JV8P--5 on Page and is described as Parcel: «j Lot: Block: Jq_ Section: 33 Subdivision: do hereby make, constitute and appoint: (Name) C6,66tS PG < (Phone), - 66¢-1471 (Address) /O a GVH lff Z)k11/F . (Vl /`<HeT7M , Ut? oZ 960 2. To act as my true and lawful attorney -in- act 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: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) a Subdivision a Site Plan 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, l (we) have hereto set my (our) hand and seal this LJ4' _day of �200-7 , A Signature(s) State of Virginia, City/County of Ci i f :Ea a , To -wit: I, eyni �� f-(1,[fa Notary Public in and for the jurisdiction aforesaid, certify th�tr rson(} wl � I-(1,[ signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same .fibefore me in the jurisdiction aforesaid this 1,2�day of u , 200_. (.t�llt�r My Commission Expires: 3 coo/ No Public _ Jul 31 07 11:10a . .. Ii�� 1. ,�,`?.e.ii �'tl a�k�'�•.�1�` ... :ii�°N r� �61��1xL�,hr.� :•n : r .� ��'.. tr tir `i. .n'l�e� �.q,, _r.. ...,...r..lu:.--.•F'1 r_..n ri ...., .. ..rn....K.••U..:r..i �. .... �j•��. DKDn n1,r;1431I NO. RRO. _DELTR ARC TPN, tHO, CHIL 13RG. 1 11499.15' 02009'38'• 433.63' 216.84' 433.60' 2 11499.16' 00814'0S" 47.12' 23.56' 47.12' S 34021'15"11 3 11499.16' 00044'51" 150.00' 75,00' 150.00' S 320SI.47"U 4 11499.16' 01010'42" 236.51' 1111.26' 236.50' S 32054'01"U f/1, INTERSTATE ROUTE 81 o✓�- N 2922'0©-1✓ � _636. .9 ` J w CD eaRN MAY ��►- REMAINING LAND 14.5309 ACRES r cm � c v � r 0 Cf rWQGF `q A7 O Ln O WKELUNC y'+ UrSTING4 ?`bio �/ W� � co A. tyro O•p '� �i . x a t leo' o �- ['Tewi '4, o Lor v mil �O WY lu N Q ` 7 � tx �� M fimo :iu:Kr :�r1.. MAY I.4.Sj09 ACRCS 1' FIN^L PLAI' o BOUNDARY LINE ROJUSTMENT � ....�•.::"'::"" _"! o :� UCTk�"E:h7 LUT 1'i11Lll' Y.. �Sf{1tiIN lU'1;;. oc-t! °N F." V:•: jh? iR rrs�.� RK) T1 -IC -AND OF UENNtS J_ 6 VIRGINIA R. K i : "."� rr�crvr 5T011EURL: i]15TRICT ' r, rs m t : C • • MASTER DEVELOPMENT PLAN #02-08 WESTFIELD BUSINESS PARK Staff Report for the Planning Commission Prepared: March 17, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 04/02/08 Board of Supervisors: 04/23/08 Action Pending Pending LOCATION: The subject properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-1-B, 44B -1 -2,44B -1 -3,44B -1-3A, 44B-1-4 and 4413-1-6 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) and B3 (Industrial Transition) Use: Residential and Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: M1 (Light Industrial) Use: Residential RA (Rural Areas) Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential/Vacant West: MH1 (Mobile Home District) Use: Mobile Home Park PROPOSED USE: Commercial Uses (120,000sf maximum per proffer) MDP #02-08, Westfield Business Park Marcb 17, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Route 11, the VDOT facility which would provide access to the property. VDOT offers the following comment: The overlay detail should reference the revised WP -2 detail dated November, 2007. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plans approved as submitted. Frederick County_ Public Works: Your submittal of a wetlands study for the subject project has adequately addressed our review comments dated December 26, 2007. Therefore, we can grant our approval of the subject master development plan. Frederick County Inspections Department: No comment required at this time. Frederick County Sanitation Authority: I" review. Correct & resubmit — 2 items. 2nd review — Approved. GIS Department: Westfield Court has been approved and added into the system. Structure numbering will be assigned during the permit construction phase of development. Winchester Regional Airport: The Master Development Plan was reviewed and determined that the proposed development plan 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 surface. Planning & Zoning: A) Master Development Plan Re uirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. MDP 402-08, Westfield Business Park March 17, 2008 Page 3 B) Location The subject properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. C) 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. D) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: 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. Therefore this Master Development Plan is in accordance with the Comprehensive Policy Plan. Transportation The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. With the rezoning for this property the applicant proffered to construct a new 12 foot lane on Martinsburg Pike along the frontage of their property as well as enter into a signalization agreement with VDOT to fund a signal for their entrance. The applicant also proffered to provide a ten foot asphalt pedestrian path along the frontage of the site along Martinsburg Pike, which is shown on the MDP. Site Access The Northeast Land Use Plan states that individual access to industrial sites should be discouraged along Martinsburg Pike. This development has proffered that one public street entrance and one commercial entrance shall be permitted on Martinsburg Pike from the property. Proffers — Dated September 13, 2006, Revised May 9, 2007 (See Attached Proffer Statement) MDP 902-08, Westfield Business Park March 17, 2008 Page 4 STAFF CONCLUSIONS FOR THE 04/02/08 PLANNING COMMISSION MEETING: The master development plan for the Westfield Business Park depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Therefore, the preliminary Master Development Plan for the Westfield Business Park is in a form that is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Staff is ultimately seeking administrative approval authority of the Master Development Plan. Frederick Westfield Business Location in the County Location in Surrounding Area Map Document: (N:\Planning_And_Development\_1_Locator_Mps\2008\WestfieldBusinessPark_MDP0208_031808.mxd) 3/19/2008 -- 8:42:12 AM Parcel ID: 44--B,4'4B-1-2, 44B -1-3,3A, Map Features 44B - I - 4,6 . Application Zoning 0 Lakes/Ponds B1 (Business, Neighborhood District) — Streams B2 (Business, General Distrist) k Urban Development Area i 63 (Business, Industrial Transition District) 0%0 SWSA rc-, EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) fr MH1 (Mobile Home Community District) • MS (Medical Support District) - R4 (Residential Panned Community District) all R5 (Residential Recreational Community District) GD RA (Rural Area District) RP (Residential Performance District) Location in Surrounding Area Map Document: (N:\Planning_And_Development\_1_Locator_Mps\2008\WestfieldBusinessPark_MDP0208_031808.mxd) 3/19/2008 -- 8:42:12 AM Wap Westfield Busiffli"PM1 3,h, r i a I It Ale Man Dnnnmenf- /N,\PInnninn A-1 Frederick County, VA Master Development Plan MDP#02-08 Application ..4 Westfield Business Park Location in the County Parcel ID: 44-1-B,44B-1-2, 44B-1-3, 3A, 44B-1-4,6 Map Features ® Application 45 Lakes/Ponds ^-- Streams `" Urban Development Area SWSA o� Via; �hen.t3 �•o a�p aan Sprin r Location in $urroun4iny Area AGK ' c�G �■ j_,5 ®150 30�J eet m � Case Planner: Candice - - --- _-• -••r ••=iuuuan'caarain-tvwrV/Vb-U.5It5Ui5.mxa)31TJ/ZUU8--8:42:12AM \AgG�q. A� \ �qY P \ 44\ EASY LIVING ASSC i 44 1 � EASY LIVING ASSOCIATES p 44 A 5 SHIRLEY ALLEN L ETALS s r Fqs oo�Pi Orly " Ogss �F Es�lO RYP,oe y,: S Zr q �yri`os60 ...,.. AR0", Rr/F bC . raI estfiel I 44 1 D PAYNE 0. L 8 RUTH B. 44 A 7 WHITE ELW000 L 44 1 A SIMKHOVITCH RONALD S. 6 WAMPLER JA CK K SRB JA - 1 A ryC pB yOr 1 ti0yr10 443 1 S EASY LIVING ASSOCIATES PONyB FS 44B 1 IIA DYE JANETS J OI(04R o � s,�'H�B OROryp Oys � qyy £ sus gpcy � N C F gq R`g �1 a�os(�B r (OSF9 B9q'b 42 ' srF ) OCOq n Ay \L o m i 4B 1 4 CUTSHAW ENTERP 44 A Sd EASY LIVING ASSOCIATES �A IC CUTSHAW ENTERPRISES L C 44 A 43 BISHOP GREGORY A v sy \ O 9yy vy \\ \\ OYT q rS P 9c F q'Poy 9yy'a \�i Fpr a A 41 CUTSHAW ENTERPRISES LC Men DnCument- (N,\Pln—inn n1,1 ne.,el,,.,..,,,..e1 4 1 ,. r reaerieK Lounty, VA Master Development Plan MDP #02-08 Application Westf eld Business ark Location in the County Parcei ID: 44-1-B,44B-i-2, 44B -1-3,3A, 44B-1-4,6 Plop Features _ Application Lakes/Ponds ^— Streams ,t Urban Development Area SWSA J 1pK , c�G !� 0 75 150 30,0 ' W EDCase Planner: Candice -- ----- -- -- I ------• — rvwruwo uo10U0-nx0)011WZUUd--6:42:12 AM Greenway Engineering September 15, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April I-8, 2007 Revised April 30, 2007 Revised May 9, 2007 EASY LIVING ASSOCIATES -- RT. 11 NORTH CONAlERCIAL PRIMk-ER S T AT.E ME T REZONING: RZ #03-07 Rural Areas District (RA) to Business General District (132) and Industrial, TransitionDistrict (133) PROPERTY: 19.02 acres Tax Parcels #44-((1))-B, 44B -((l)) -2,,44B -((l)) -3,44B -((l)) -3A, 44B -((I))-4, and 44B-((1))-6 (here -in after the "Property") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant's) PROJECT NAME; Easy Living Associates Rt. I I North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: May 9, 2007 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 Applicant hereby proffers that in the event the Board of Supervisors of Frederick. County, Virginia, shall approve Rezoning Application #03,-07 for the rezoning of 19.02± -acres from the Rural Areas (RA) District to establish 4 -.0.2± - acres of B-2, Business General District and 15.0± -acres of B-3; Industrial, Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth ,herein, except to the extent that such terms and conditions. may be subsequently amended. or revised by the Applicant and such be approved by the Frederick County Board of 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 landsuwn. ed by Easy Living Associates, being all of Tax Map Parcels 44-((1))-B, 44B-((1))-2, 4413-((1))-3, 44B -((i)) -3A, 44B - ((l))4, and.4413-((1))-6„ and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633JEA1v Greenway Engineering September 15,.2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Remised April 30,, 2007 Revised May 9, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan C GDP") prepared by Greenway Engineering dated April 30, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary cominercial street system identified in the B-3 Zoning District area may be reduced without the need of a modified GDP for the Property. , B.) Land. Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B-2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC_ 704 Car Washes SIC 7542 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 2. The Applicant hereby proffers to prohibit the following land uses within the B-3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation. by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession. Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File *0633/EA\A' 2. Greenway Engineering September 15, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April. 30, 2007 Remised May 9; 2007 3. TIlre Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the Property: B-2, General Business District 30,000 total square feet (5,OOD square feet maximum restaurant) B-3, industrial. Transition District 90,000 total square feet C.) Transportation Enhancements 1, The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this: improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five-foot sidewalk along: the southwest side of the primary commercial street system to the private access drive and a five-foot sidewalk. along the south side of the private access drive to the adjoining property. 3, The Applicant hereby proffers to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 as identified on the proffered GDP, that will be identified on the Site. Plan on this portion of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant. and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12 -foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the Site Plan in which the average daily traffic volume of the cumulative Site Plans exceeds 500 VPD forthe Property. 5. The Applicant hereby proffers to enter into a signalization agreementwith the Virginia Department of Transportation "VDCTt to fully fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Fite ff063YEAW Greenway Engineering September 15, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30.2007 Revised May 4, 2007 Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic. signalization at the subject Property shall he provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 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 6.72) and Brucetowil. Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10 -foot right-of-way to VDOT along the. entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval .for the Property. The Applicant hereby proffers a reservation of :right -of --way on tar :map parcel 44B-((1))-6 that is 50 feet in width and located within the defined 50 -foot buffer area as identified between Al and A2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others that will provide access to the adjoining parcels along this portion of the Property. The reserved 50 -foot right-of-way shall be dedicated, to Frederick County within 90 days of written request by the County. The. Applicant shall provide disclosure of this right-of-way reservation and .dedication on all plats and property deeds that are. impacted by the section of the proffer statement. 9. The Applicant hereby proffers a reservation of night -of -way on tax map parcel 44-((1))-B and tax map parcel 44('(1))-C, also owned by the Applicant; that.is 50 feet in width and located within the area identified between B1 and B2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others which will replace a portion of the private access drive located on the two identified parcels. The reserved 50 -foot right-of- way shall be dedicated to Frederick County within 90 days of written request. by the County. The Applicant shall provide disclosure of this right-of-way reservation and dedication on all ,plats and property deeds that. are impacted by this section of the proffer statement. File #06331EAw Greenway Engineering September 15, 2006 Easy Living Associates ReXoniiig. Revised ]March 21, 2Q07 Revised April 15,:2007 Revised April 30;,2007 Revised May 9, 2007 D-) Site DI -sign Controls The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10 -foot right-of-way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martilisburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated April 30, 2007; which shall include a 10 -foot wide asphalt pedestrian. trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40 -foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improveintrits shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant .hereby proffers to limit business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will be limited to a maximum height of 15 feet and 1.00 square feet in each message face area, and two monument style signs for the landuses on the B-2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of rnetal buildings on the B-2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone; split -face block, simulated stucco, wood and glass on three sides of the primary land use _structures within this portion of the Property. 4. The Applicant hereby proffers to preserve a 50 -foot strip of the existing vegetation surrounding the north, east and west boundaries of the B-3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50 -foot vegetation strip that are a minimum of four feet in height and planted on 10 -foot centers. The 50 -foot vegetation strip will be field. located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen.. 5.. The Applicant hereby proffers to establish a full buffer and screen, within the area identified on tax map parcel 44B-((1))-6: between the two black dots and labeled as 50' Buffer — See Proffer D5 on the proffered GDP. The full buffer and screen shall contain an opaque element that is six feet in height, 64 evergreen trees that are a minimum of four feet in height at planting, and 32 deciduous trees that are a File #/0633/EAw Gteenway Engineering Septentser 15, 2006 Easy Living Associates Rezoning Revised March 2.1, 2007 Rer=ised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 minimum two-inch caliper at planting (total of 4 trees per 10 linear feet). This foil buffer and screen shall be insta- Iled in conjunction with the first Site Plan that is de-veloped within the B-3 District portion of the Property. 6. The Applicant hereby proffers that the screening requirements identified in Sections D(4) and D(5) may be modified upon the construction of a public street by others pursuant to Sections C(8) and C(9) of this Proffer -Statement. E.) Monetary Contribution to offset Impact of Development 'Flip Applicant hereby proffers to provide a monetary contribution of $12;000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be inade payable to. the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File # 6331FAW Greenway Engineering September .i 5, 2006 Easy Living Associates Pezoning Revised March. 21, 2007 Revised April I8, 2007 Revised April 30, 2007 Revised May 9, 2007 F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions :shall apply to the land rezoned in addition to other: requirements set forth in the Frederick County Code. Respectfully Submitted: EASY LIVING ASSOCIATES By: 0 �% acob H. Yost; 111,.Manager Date Commonwealth of Virginia., City/C` ountybf _ _ _ _ _ P P6de0G To Wit: The foregoing instrument was acknowledged before me this I Mday of M t 200 by JQ eo- \1Q6+ -,=„I LCtnaae-r- t� Notary Public My Con3mission Expires E�6"7cu-u LQ 24C8 Fite #0633/L --AW AMENDMENT Action: PLANNING COMNfTSSION: April 18, 2007 - Recommended, Approval BOARD OF SUPERVISORS: May 9, 2007 U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-07 OF Easy Living Associates WHEREAS, Rezoning #03-07 of Ease Living Associates, submitted by Greenway Engineering, to rezone 4.02 acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District with proffers; for commercial uses, was considered. The properties are located on the west: side. of Martinsburg Pike (Route 11), approximately 600 feetnorth of the Martinsburg Pike/Old. Charles Town Road (Route 761) intersection, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-1-13, 4413 -1 -2;.4413 -1 -3,,44B -1-3A, 4413- 1-4 and 448-1-6. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 18; 2007; and WHEREAS, the. Board of Supervisors held a public hearing on this rezoning on May 9, 2007; and WHEREAS, the Frederick County Board of Supei visors finds the approval of this rezoning to be in the best interest of the public health, safety,_ welfare, and in conformance with the Comprehensive Policy Plan, NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the. Frederick County Code, Zoning, is amended to revise the Zoning District Map; to change 4.02. acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District with. proffers, for commercial uses, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes. #30-07 This ordinance shalt be in effect on the date of adoption.. Passed this 9th day of May, 2007 by the follouring recorded note: Ricbard C. Shickle, Chairman ay Barbara E. Van Osten Aye Gary Dove Aye Bill M..Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A. COPY ATTEST r 4 W v.}5 John ey, Jr. Frederick County Administrator PnRes. #30-07 APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and. Development Use Only. Date application received Complete. Date of acceptance Incomplete. Date of return Application # CQ —1 Y L Project Title: Westfield Business Park Master Development Plan 2. Owner's Name Easy Living Associates Jacob H. Yost, III, Manager (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: (540) 662-4185 4. Design Greenway Engineering Company: Address:. 151 Windy Hill Lane Winchester, VA 22602 Phone Number: (540) 662-4185 Contact Name: Evan Wyatt, AICP 5. Location of Property The subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. 6. Total 19.027± acres Acreage: 7. Property Information a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: Property Identification Numbers North South East West f) Magisterial District: 44-((1))-B; 44B -((I))-2; 44B-((1))-3; 44B -((1))-3A; 44B -((J))-4; & 4413- ((1))-6 B2 District (4.021± acres) B3 District (15.006± acres) Vacant and Residential Commercial * Please see Sheet 2 of the MDP Property Uses Stonewall District 8. Is this an original or amended Master Development Plan? Original ® Amended ❑ I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. M Signature: Date: 3 bo VY! r,- cr r—. 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 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Easy Living Associates, Jacob H. Yost, III,Manager (Phone) (540) 662-9470 (Address) 2489-3 Martinsburg Pike, Stephenson, VA 22656 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. 060016824 on Page Deed Book No. 626 on Page 8 10, Deed Book No. 664 on Page 818,. Instrument No. 020008972 on Page Deed Book No. 903 on Page 244, Deed Book No. 659 on Page 693, and is described as Parcel: 44 Lot: B Block: 1 Section: Subdivision: Parcel: 44B Lot: 2 Block 1 Section: Subdivision _ Parcel: 44B Lot: 3 Block: 1 Section: Subdivision: _ Parcel: 44B Lot: 3A Block: 1 Section: Subdivision: Parcel: 44B Lot: 4 Block: 1 Section: Subdivision: _ Parcel: 44B Lot: 6 Block: 1 Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (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: t ` + ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) r_ ❑ Subdivision ❑ Site Plan ❑ 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) h� hereto set my (outland qd seal this _0 day of &I I;Ck, 200, Signature(s) /"l4kat C( � / State irginia, City o t of i-[2 &A_,r i ctc ,'To -wit: I, 1 e] reit<Qi a - otary Public in and fof the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this ` day of /�IG�C�., 200 E?. 0o9 909 I My Commission Expires: No ry Public ap Data Source: Frederick County, Va. GIS Department, 2007 Data Adjoining Property Owners March 2007 Easy Living Associates Commercial Center File 0633 Number Tax Map Number Owner Address City & State ZIP Zoning Land Use Acreage Deed Book Pae Instr_Year Instrument Land Improvement Total Value 1 44 1 C EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 MI -11 39 29.49 468 634 0 0 $750,000.00 $720,000.00 $1,470,000.00 2 44 1 D1 EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 M1 4 8.82 468 629 0 0 $270,000.00 $0.00 $270,000.00 3 44 1 D PAYNE, O. L. & RUTH B. PO BOX 160 STEPHENSON, VA. 22656 M1 4 18.19 381 225 0 0 $296,500.00 $380,100.00 $676,600.00 4 44 1 A SIMKHOVITCH, RONALD S. & 2929 VALLEY AVE WINCHESTER, VA. 22601 RA 2 4.08 546 527 0 0 $71,500.00 $375,700.00 $447,200.00 5 44B 1 12D WAMPLER, JACK K SR & JACK K JR P/A & WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE ISTFPHENSON.VA 22656 RA 2 1.33 1 927 1092 0 0 $90,600.001 $180,600.00 $271,200.00 I 6 .446 1 12B ISIMKHOVITCH RONNIE S JR 2601 MARTINSBURG PIKE S T EPHENSON, VA 22656 RA 2 G. 17 870 584 0 v w51,000.00 $125,300.010 $176,300.00 7 44B 1 12A 0 0.36 0 0 0 $0.00 $0.00 $0.00 8 44B 1 12 0 0.78 0 0 0 $0.00 $0.00 $0.00 9 44B 1 11A DYE, JANET S PO BOX 356 STEPHENSON, VA 22656 RA 2 0.38 0 2007 2760 $54,000.00 $163,400.00 $217,400.00 10 44B 1 11 0 0.38 0 0 0 $0.00 $0.00 $0.00 11 44B 1 10A PYNE, DONALD A & DOROTHY L 2565 MARTINSBURG PIKE STEPHENSON, VA. 22656 RA 2 0.38 0 2002 7205 $51,000.00 $142,200.00 $193,200.00 12 144B 1 10A1 0 0.33 0 0 0 $0.00 $0.00 $0.00 13 44B 1 9 0 0.82 0 0 0 $0.00 $0.00 $0.00 14 44B 1 8 SIMMONS, ANN H. & C/O DAVID HIETT 2543 MARTINSBURG PIKE STEPHENSON, VA. 226561 RA 2 0.77 583 882 0 0 $51,000.00 $112,500.00 $163,500.00 15 44B 1 7 CAMPBELL, STEPHANIE J -HAW 2537 MARTINSBURG PIKE STEPHENSON, VA 226561 RA 2 0.77 0 2002 14982 $50,000.00 $90,100.00 $140,100.00 16 44 A 50 CUTS ENTERPRISES, L C PO BOX 2337 WINCHESTER, VA 226041 M1 4 3.62 849 1335 0 0 $179,000.00 $650,500.00 $829,500.00 17 44 A 49 SHANHOLTZ, DAVID L ET ALS 830 OLD BETHEL CHURCH RD WINCHESTER, VA 226031 RA 2 1.55 0 2002 13194 $69,000.00 $96,500.00 $165,500.00 18 44 A 48 MCKEE, JANNEY T. & C/O MOULDEN, MELVIN 932 ALLEN DR WINCHESTER, VA. 22601 RA 2 2.53 0 0 0 $17,800.00 $0.00 $17,800.00 19 44 A 48A THARP, SHARON M 1855 SENSENY RD WINCHESTER, VA 22602 RA 2 0.63 904 976 0 0 $51,000.00 $0.00 $51,000.00 20 44 A 47 CAMPBELL, BEVERLY L & GARLAND L SR 114 WINDING RIDGE LN WINCHESTER, VA 22603 RA 2 0.75 965 1252 0 0 $36,000.00 $0.00 $36,000.00 21 44 A 43 BISHOP, GREGORY A & AMARI, THOMAS 285 BOGGESS LN WINCHESTER, VA 22603 RA 2 2.62 0 2005 12933 $113,000.00 $186,500.00 $299,500.00 22 44B 1 1 DT SHIRLEY PROPERTIES, LLC 2455 MARTINSBURG PIKE STEPHENSON, VA 22656 RA 2 0.90 0 2006 19976 $40,000.001 $0.001 $40,000.00 3/10/2008 Source: Frederick County GIS Department, March 2007 1 of 1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICPA Deputy Director RE: Route 277 Triangle and Urban Center Land Use Study; Commission Update DATE: March 19, 2008 On Tuesday, March 18, 2008, a public meeting was held at Sherando High School to engage the community in the Route 277 area and to seek their participation in the Route 277 Triangle and Urban Center Land Use Study. The meeting was held in the school library and was attended by 112 members of the general public. The level of participation was extremely high and proved to be enormously valuable to the overall study effort. It is anticipated that much of the discussion and many of the comments and issues can be addressed as we continue with this study. Staff will take the opportunity to update the Planning Commission at your April 2, 2008 meeting on the input received during the public meeting, in addition to the information that has been received through the County's website which has been considerable and very constructive. The meeting will also provide the Commission and Staff with the opportunity to further discuss the Route 277 Triangle and Urban Center Land Use Study effort. Enclosed for the Planning Commission's review are the draft Route 277 Triangle and Urban Center Land Use Study text and maps. These are the draft documents that were presented at the public meeting. Please contact me if you have any further questions. MTR/bad Attachments 107 North tient Street, Suite 202 . Winchester, Virginia 22691-5000 The Route 277 Triangle and Urban Center Land Use Plan. The Route 277 Study effort has identified opportunities to create new communities, integrate land use and transportation choices, address community infrastructure needs, and expand the County's goals for economic development. A series of maps have been prepared which identify Future Land Use, Transportation, Community Facilities, and Historical, Natural and Recreational Resources within the study area. The Route 277 Triangle and Urban Center Land Use Study promotes five main areas of new land use focus; the Route 277 Urban Center, the Route 277 Triangle; Center of Economy, Interstate Commercial @ 307, Neighborhood Commercial @ White Oak Woods, and Tasker Woods. The above areas combine to frame the southern boundary of the County's urban areas. Land Use. The Route 277 Urban Center The Route 277 Urban Center is envisioned to be an intensive, walkable urban area that is well integrated with the surrounding community. The urban center should be based on the principles of New Urbanism or Traditional Neighborhood Design promoted in the Comprehensive Plan. It shall contain a large commercial core, generally higher residential densities with a mix of housing types, an interconnected street system, and public open space around which the urban center is designed. Community facilities shall also provide a focal point for the urban center and surrounding community. Presently, Sherando High School and Sherando Park provide this function. In the future, these resources shall be complemented by a new Elementary School which shall serve the existing and future population and be located within the urban center. Public spaces in the form of pocket parks, plazas, or greens shall be further integrated into the design of the Route 277 Urban Center. The Route 277 Urban Center is centrally located to the community and is in the short term, respectful to the Agricultural District. The commercial and residential mix of land uses shall have a strong street presence and shall relate to existing Route 277, Warrior Drive and Double Church Road. The mix of commercial, residential, employment, and community uses shall be linked to the surrounding community with inter modal transportation choices and public open spaces. Route 277 Triangle, Centers of Economy Route 277 Triangle; Centers of Economy is designed to be a significant area of commercial and industrial opportunity that is fully supportive of the County Economic Development Commission's targeted goals and strategies. The intent of the mixed use designation is to further enhance the County's commercial and industrial areas and to provide focus to the County's future regional employment centers. In specific areas a mix of flexible uses, with office uses in prominent locations is encouraged. Such areas are supported by substantial areas of industrial and commercial opportunity, and provide for areas that are well designed with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image. Residential land uses are not permitted. Interstate Commercial @ 307 Located at a highly visible location on a prominent interstate interchange, this area of land use shall be designed specifically to accommodate and promote highway commercial land uses. Particular effort must be made to ensure that access management for the supporting transportation network is a key priority as the function of the interstate and primary road network is of paramount importance. Access to the areas of interstate commercial land uses shall be carefully designed. The building and site layout and design of the projects shall be of a high quality. In addition, an enhanced buffer and landscaping area shall be provided adjacent to the Interstate 81 right-of-way, its ramps, and the new arterial road, the South Frederick Parkway. Neighborhood Village Commercial @ White Oak Woods A Neighborhood Village Commercial area is proposed at White Oak Road and Route 277 which is sensitive to the existing character and scale of the location, adjacent to Sherando Park and the White -Oak Campground. The orientation of this neighborhood commercial shall be to the park and adjoining street network. A new Fire and Rescue Facility and Community Facility shall provide an additional focal point to this area. This facility and the commercial land uses shall be of a general scale and context similar to projects such as Creekside. High quality building and site design is a priority. Accessory residential uses are only permitted as second story or above residential units. A second smaller area of Neighborhood Village Commercial is identified on the south side of Route 277 in the general vicinity of the future entrance of Shenandoah and the existing Sandy's Mobile Home Park. Tasker Woods The Tasker Woods Land Use Plan was approved in 2005. The Route 277 Study has provided the opportunity to complement the original plan and complete the whole picture by providing guidance on the future land use for all of the land area between Route 522, Tasker Road, and White Oak Road. An area of Neighborhood Village Commercial is proposed between the originally proposed residential areas and Route 522, serving the Tasker Woods area. An internal access road serving this area has been provided with the Tasker Woods project. Therefore, no new commercial entrances shall be permitted on Route 522. Access Management is a priority along the Route 522 corridor. A significant corridor appearance buffer is proposed along Route 522 similar to that established for Route 50 West corridor in the Round Hill Land Use Plan which consisted of a 50' buffer area, landscaping, and bike path. Accessory residential uses are only permitted as second story or above residential units. In addition to the Neighborhood Village Commercial land uses, an area of commercial land use is proposed generally north of Tasker Road. This is an extension of the previously planned commercial area on Tasker Road. Two areas have been identified as recreational and natural resources and have been connected together in an effort to N protect the existing natural resources and provide additional recreational opportunities for the Tasker Woods area. Defined Rural Areas. The Route 277 Study has sought to further define the boundary between the Rural and Urban Areas of the community. As noted, the above areas of proposed land use combine to frame the southern boundary of the County's urban areas. The plan provides enhanced recognition of Double Church Agricultural District. This recognition and the location and boundaries of the proposed land uses further promote a clean separation between the County's rural and urban areas. A summary of the new future land use designations promoted in the Route 277 Study is provided as Appendix A of this plan. Transportation. In support of the new areas of land use, a transportation network has been proposed which relates to the location and context of the areas of land use, promotes multi -modal transportation choices and walkability, and furthers the efforts of the Win -Fred MPO. In this study there is a direct nexus between transportation and land use. The relocation of Interstate 81, Exit 307, provides a new orientation for the County's primary road system and provides new opportunities to create a transportation network which supports the future growth of the community growth in the right locations. A new arterial road is proposed, Route 277 relocated, which connects the relocated Interstate Exit 307 with existing Route 277 west of Double Tollgate. This is in the vicinity of the proposed entrance to Shenandoah. The context of this road is a limited access parkway whose function is to move large volumes of traffic through and around the community. The concept of a South Frederick Parkway was envisioned through the study. Access to this new parkway would be limited to Town Run Lane, Double Church Road, Warrior Drive, Hudson Hollow Road, and existing Route 277 business at its new intersection with the parkway. With regards to access to Town Run Lane, the Exit 307 Interchange Justification Study should evaluate the possibility of an alternative access east of its current location to ensure a viable long term approach to access management in this area in a manner that accommodates the anticipated highway commercial land uses. Access Management is a significant consideration of this study and is a key element of the potential South Frederick Parkway. This concept is supportive of providing for key connections to the south. The use of frontage roads, minor collector roads, and inter parcel connections to bring traffic to access points is promoted. Access management is also a key consideration on other roads within the study area, however, within a different context. The study also proposes a new and extended major collector network supplemented by interconnected minor collector street network in support of a significant urban center and new areas of economic growth. Existing Route 277 and Town Run Lane, Double Church 3 Road, Warrior Drive, Hudson Hollow Road, and White Oak Road are all identified for enhancement. Roundabouts should be considered as a priority preference for intersection design. Roundabouts are particularly effective when used in series, such as along the Parkway, and when used where intersection spacing may be an issue such as where Warrior Drive and Double Church Road intersect with the Parkway. The context of the collector road network is proposed to be significantly different however than that of the Parkway with the focus being placed on a more walkable and complete street thoroughfare design. The change in context is based upon classification of road and to ensure compatibility with adjacent land uses and community goals. Particular attention should be paid to street network within the Urban Center. The surrounding land use, site design, and building design are features that will help create context and promote the creation of new communities, places, and focal points. Attention should also be provided to the context of the street in the immediate vicinity of Sherando High School, Sherando Park, and the Neighborhood Village Commercial Areas to ensure that these prominent locations are safe and accessible to all modes of transportation. Bicycle and pedestrian accommodations should be fully integrated to achieve complete streets. Appropriately designed intersection accommodations should include pedestrian refuge islands and pedestrian actualized signals. More specific considerations for Sherando Park include taking a proactive approach in creating safe interconnected routes to the park from the adjacent areas. Traffic calming across the frontage of Sherando Park including a roundabout at the park's main entrance is warranted with strong consideration of channeling down to 2 lanes from White Oak Road to the commercial east of Warrior Drive, generally across the parks entire frontage. Consistent application of Comprehensive Plan goals to achieve an acceptable level of service on area roads and overall transportation network, level of service C or better, should be promoted. Further, efforts should be made to ensure that additional degradation of the transportation beyond an acceptable level of service shall be avoided. Consideration of future development applications within the study area should only occur when an acceptable level of service has been achieved and key elements and connections identified in this plan have been provided. Community Facilities, Natural, Historical and Recreational Resources Community Facilities. The Route 277 study effort included an evaluation of current and future community facility needs and a collaborative discussion with community facility providers including Frederick County Public Schools, School Transportation, Parks and Recreation, Fire and Rescue, and Public Works who provided input regarding their long range plans. Representatives of the Handley Regional Library also provided input. As a result of effort, the Route 277 Study addresses community facility needs and identifies new opportunities for collaboration. Fire and Rescue expressed a preference for a smaller facility in this area to support existing operations and identified the optimum location for such a facility in the general vicinity of the intersection of White Oak/Hudson Hollow Road and Route 277. In conjunction with this need, Parks and Recreation and Fire and Rescue identified a particular location that could jointly accommodate their future needs. This example may also provide an opportunity to accommodate additional longstanding community need; to provide satellite meeting space for the Sheriff's Office and the Treasurer/Commissioner of Revenue's Office in this area of the County. The Route 277 Study seeks to provide for such a facility generally in the White Oak Woods area. Anticipated growth in the County school and park systems is recognized by providing for additional areas of expansion adjacent to the existing Sherando High School and Sherando Park. A new Elementary School has been identified as necessary in the future. Every effort should be made to locate this future elementary school as a component and focal point of the Route 277 Urban Center. Natural and Recreational Resources. The natural and cultural features of an area provide an opportunity to incorporate the unique features of an area into a planning effort that promotes the character of the community, furthering the community's sense of place. In addition to the recognition of the County's Rural Areas and Agricultural Districts, the Route 277 Study and future land use maps recognize the areas green infrastructure. Of particular note is the Wrights Run area which provides a great opportunity for a future Greenway through the center of the study area. In addition, several other environmental stream corridors provide important connectivity throughout the study area. Other features of note include the mature woodlands located throughout the study area but especially in the vicinity of the White Oak Woods area and at the intersection of Route 277 and Warrior Drive. Historic Resources. Several structures were recognized by the HRAB as having significance to the Route 277 Study Area. The identified structures should be buffered and preserved whenever possible. Three historical churches located in the study area are in good condition, have historic cemeteries, and should be preserved during any development or land use planning of the 277 corridor. To that end the two churches along Double Church Road have been recognized and the general area surrounding these churches being designated as a rural area. Macedonia Church is located just north of the Tasker Woods area and should continue to be preserved. All of the above churches are active and provide a great resource for the community. The Melvin Sandy house is located immediately adjacent to Sherando Park and would be ideal for use as an element of the Park. In the event that it cannot be included as part of the park, it would be appropriate for the use on the property to develop as something which would encourage the protection of the structure and provide a use which encourages park users to utilize the property. Similarly, the White Oak Campground has significant historic presence in the area and should also be included into uses associated with Sherando Park. The HRAB felt that increasing the trail network throughout the 277 corridor would increase the preservation and rehabilitation of the historic structures listed above but especially between the Melvin Sandy house and the White Oak campground into Sherando Park. 5 Appendix A The Route 277 Triangle and Urban Center future land use designations. The County's Comprehensive Plan and Zoning Ordinance currently provide for commercial and industrial land uses. To further enhance the commercial and industrial opportunities and to provide a focus for this future regional employment center, two new mixed use designations are promoted by the study. The mixed use designations envisioned for the study area are described further in the following narrative. Urban Center The Urban Center is larger than the Neighborhood Village Commercial and is envisioned to be a more intensive, walkable urban area with a larger commercial core, higher residential densities, and be designed around some form of public space or focal point and an interconnected street system. Urban Centers should be located in close proximity to major transportation infrastructure. Minimum 50 percent of area shall be non residential. Accessory residential bonus for second story and above residential units Neighborhood Village Commercial Neighborhood Village Commercial areas are envisioned to be compact commercial centers that focus and complement the surrounding neighborhoods, are walkable and designed at a human scale, and which are supported by existing and planned road networks. Accessory residential uses are only permitted as second story and above residential units Centers of Economy - Promoting the County's Economic Development efforts. The intent of the mixed use designation is to provide focus to the County's future regional employment centers, to encourage a mix of flexible uses which are consistent with the EDC's targeted industries and are supported by substantial areas of industrial and commercial opportunity, and to provide for areas that are well designed with high quality architecture and site design, and which will promote a strong positive community image. Residential land uses are not permitted. Mixed Use Office Commercial Employment center with low to mid rise offices transitioning and mixing with commercial land uses. Located at, and supported by, key transportation elements and intersections. Minimum 25 percent of area shall be office Mixed Use Office Industrial Employment center with mid to higher rise office buildings on individual sites or within campus style parks transitioning and mixing with industrial land uses. Office land uses shall have a prominent visual location in relation to surrounding community and street network. Located at, and supported by, key transportation elements and intersections. Minimum 25 percent of area shall be office i Route 277 Triangle &N ` - i "• .;,,� � rs ,. Urban Center Study ff 1 ■ ■ f■fin■g'[J Facilities, i�(1n y y r�� •.� - _,�� .` i� W. E •-lorl�� unit, S y' acilities, : i � urur..! rre �r'•. •,y w _I; - `�� AR l Natural nsxEaa' . ¢` Tasker 5 ,..o.r..r..r..r ! '. 1 Woods... Recreational Resource The �,. Trans - DRAFT ,'"'�f r''`' a , f1 Rntert ytoi r astgate Fredencktowne j� ° j r Industrlal 1 " �r� I ♦, Park ••� �. . f �%f eraj�c. Cedar _ �� J `". vY� ;� �` ry Y ' /!fij lP y% %i�✓� L✓eadows �'.. • ....t� i If- . . J � :. - . S� , , � '".• ♦f '.°.++' i �' �Ve . s''. � i` - i , Rural c}e Comnlurxtj Center e`� . a_6 e , ` ✓I .. 1. � o O •.. ruRrux wrce ,r. r ! f �:� ��,,�' tea♦ p m r , c , 8 , � � * %'w Exit "eY The fP / f Meadows �i'fr .+� / % 's / �r w Vie - 3@7 r t;! '� Ir r't// f. �°`r Fart`+•`'+� �,.' 1�.� •_ ♦ �...•, 1 f � � `h-- j .. ',• „�• ✓,r' /F ylt� I � �� t f`v� / I . } , <. j- �-.= i7 _ '� '' i - - r � 21/m, r I +`•a Meadows j ^, Souther a '{ ' ....r+✓ . f 1. 522 Edg y, f �� / �j; ♦ c ,., n i ' r l{ Fill\ i '°�"'",�*'....... s ® �' :•Si. / •.�� fmr«�#8�>I. rAra- t ��'` * ti11s [)owls Church iS ,�" j j • \�.. ' / Ag d Forest Digrid RT277 Area Facilltres1(` �' y Y ► %� : 1, 77 Reso 1 ac r IRTz77Transportanon Forest Lake &S. ElementaryS h i Wo. -.Ch— h Ag 8 F tal p- Mitldle School ' N I Resource & Rec S • Hgh Sohovl pace Hew Meloe Collector i ci O• -111,.-1 Expans on FPo tlpl In f4-111, 4 New Minor Gollectof I \ �, - `� Lakes �'�,�Focem al trot: i .640 _ �•�. ®Palk •^�,so-eamcentenmes '� �\ i•• �� 0 0.125 0.25 0.5 Miles �Fture Ra,k Relvcatetl ExR3gl lntarchange `, l ,,r�ss i�uw R-1 Cmanrty came` - -Shenandoah Ir..} F & Rescue Station O Roundabout Intersect vn ; J j H t IResoafces UnpDocum tL(NiPlanning_And_DevelopmenttgS_PROJECTS\2007_ ProjeCWTRIANGLEM"Ie_LanduseStudyArea_Communl Facllii es, `'/ _ g _ tY p �°frads_ALT4x.mxd) 2129'2408 — 1:06:57 PM J C • COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director %%b �^ SUBJECT: Planning Commission Guiding Document Revisions Bylaws, Roles and Responsibilities, and Subcommittee Restructuring DATE: March 21, 2008 In 2006, a Bylaws Committee was established and tasked with reviewing the Planning Commission's Bylaws, and the Roles and Responsibilities. This Committee considers the existing bylaws and other areas in which the operations of the Planning Commission may be enhanced. The Committee's recent discussions have resulted in a number of recommended minor revisions to the Bylaws and associated Roles and Responsibilities documents. These proposed revisions were presented for an initial review by the Planning Commission during the March 5, 2008 regular meeting. As the Planning Commission's Bylaws state that the "bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice" (Bylaws, Section 9-1), no action was taken by the Commission on March 5, 2008. In recognition of the 30 day notice period, the Commission will be presented an opportunity to adopt the revisions during the April 2, 2008 meeting. The proposed revisions are summarized below; the full documents with proposed revisions are attached. • Restructure of the PC Subcommittees. • Clarification regarding weather cancellation of a regularly scheduled PC meeting. • Establishment of a deadline by which revised proffers may be submitted for consideration by the PC. • Establishment of a 45 -day tabling time frame. • Expansion of the opportunity to utilize a staff briefing/work session. Please contact me should you have questions. Attachments: Planning Commission Bylaws (draft rev. 3-05-08) Roles and Responsibilities (draft rev 3-05-08) Proposed Alternative Structure of PC Subcommittees (rev. 2/3/08a) ERL/bad 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 PLANNING COMMISSION BYLYk.WS County of Frederick, Virginia (rev. 07/14/06; adopted 08/03/06; adopted 01/03/07; rev. & adopted 1/02/08) (DRAFT REV. 03-05-08) AR'T'ICLE I -AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the Code of Virginia (1950), as amended. 1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter referred to as the "Commission." ARTICLE II -PURPOSE 2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors and to carry out all duties and functions described by the Code of Virginia, as amended. ARTICLE III - MEMBERSHIP 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 165 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 165 of the Code of Frederick Coun 3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1) participate in an orientation to familiarize themselves with the operations of the Department and the Commission, and 2) meet with planning staff representatives in an effort to review and better understand specific agenda items prior to attending their first two (2) Planning Commission meetings. -1- ARTICLE IV -OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor. at the first fneetifig of 5 the —calendar —yew Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chainnan shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-4 Report official communications. 4-3-1-5 Certify official documents involving the authority of the Commission. 4-3-1-6 Certify minutes as true and correct copies. 4-3-1-7 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. 4-3-2-2 When acting as Chair, the Vice Chairman shall carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. -2- 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all Commission meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all Commission meetings, public hearings and public meetings. 4-3-3-7 Provide to the Board of Supervisors reports and recommendations of the Commission. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the Commission. 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice- chairman. ARTICLE V - COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman and will serve for a term of one year. The chairman may request recommendations from the Commission or committee members on committee appointments. -3- 5-4 Members of the committees may be Commission members, employees of the County, or citizen volunteers. 5-5 The chairman and vice-chairman of the Planning Commission shall be ex -officio members of every committee. 5-6 The committees will elect a chairman and vice-chairman annually. These officers shall be current Commission members and should represent different Magisterial Districts, if possible. 5-7 The committees may operate as a committee of the whole or by executive committee with current and past Commission members serving as members of that committee. 5-8 The committees may establish standing subcommittees whose activities will be a specific annual responsibility of the parent committee. Two executive committee members will serve as co -liaison to the standing subcommittee and will assist staff in managing its activities. Membership will be comprised of past Commission members and citizens. Membership will be appointed by the Chairman of the Committee with concurrence by the Commission Chainnan. 5-9 The committees may establish ad-hoc groups to assist in specific, carefully -defined tasks for a limited period of time. Important considerations for membership on the ad-hoc group are skills and experience necessary to assist in providing acceptable solutions. Membership will be appointed by the Chairman of the Committee with concurrence by the Commission Chairman. ARTICLE VI — COMMISSION MEETINGS 6-1 Regular- meetings shall be held at the fifne and plaee set by the Commission at the first, moo* r� of eaeea4e a.,,. At the first meeting of each calendar year, the Commission shall fix the date, time, and place of all its regular meetings for the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chainnan later declare that weather or other conditions make it hazardous for members to attend. 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five days before the meeting. 6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.1 344(A) of the Code of Virginia, 1950, as amended. 6-5 Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission. ARTICLE VII - VO'T'ING 7-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VIII - OPERATING RULES 8-1 Order of Business for a regular meeting 8-1-1 Call to Order 8-1-2 Adoption of the Agenda 8-1-3 Consideration of Minutes 8-1-4 Committee Reports 8-1-5 Citizen Comments on Items not on the Agenda 8-1-6 Public Hearings 8-1-7 Public Meetings 8-1-8 Planning Commission Discussion 8-1-9 Other 8-1-10 Adjournment 8-2 Minutes 8-2-1 The Commission shall keep minutes of each meeting. The Chairman and Secretary shall sign all minutes following approval by the Commission certifying that the minutes are true and correct. Minutes made available to the public prior to formal -5- approval by the Commission shall be clearly identified as a draft version of the meeting. 8-3 Procedures 8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Commission shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 8-3-3 The initial motion on an agenda item shall be made by a member representing the application's Magisterial District. If both District representatives are absent or decline to make the initial motion, then any other Commissioner may act. 8-3-4 Business items on the agenda shall be considered using the following procedures: 8-3-4-1 Report by County Staff 8-3-4-2 Presentation by Applicant 8-3-4-3 Citizen Comment 8-3-4-4 Rebttaal by Applicant Applicant Response 8-3-4-5 Staff Summary 8-3-4-6 Discussion by Commission 8-3-4-7 Motion and Action by Commission 8-3-5 Public comment shall be allowed in all cases required by the Code of Virginia, 1950, as amended, or the Code of Frederick County. In other cases, the Chairman may allow public comment. 8-3-6 The Commission members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 8-3-7 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Commission and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 8-3-8 Public Hearings 8-3-8-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Virginia, 1950, as amended, or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, 1950, as amended. 8-3-8-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 8-3-8-3 In addition to those required by law, the Commission may hold public hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 8-3-8-4 The 90 -day period (Section 165-10 of the Frederick County Zoning Ordinance) for the Planning Commission to make a rezoning recommendation to the Board will start at the date of the first completed public hearing. 8-3-9 Tabling 8-3-9-1 The Planning Commission shall have the authority to table agenda items 45 - days (less if reaching the limits of Section 165-10) -W for any one of the following: situations oeeufs:. A) The agenda item does not meet the requirements of the Code of Virginia, 1950, as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Revised proffers have been received from the applicant within twenty-one (21) days of the advertised Planning Commission meeting. E) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. F) The applicant provides the Frederick County Planning Department with a written request to table the agenda item. -7- G) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. H) The applicant fails to appear at the meeting in which the application has been advertised to appear. 8-3-9-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-10 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. 8-3-9-3 An application that has been tabled for an unspecified period of time shall be re -advertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. 8 3 8 4 The Planning Commission haN-e the authefity to ae4 on an agenda item shall that has been tabled one time;A4en the agenda item has been r-ea&ei4ised subsequent Planning Commission agenda. 8-3-10 Work sessions 8-3-10-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 8-3-10-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission. 8-3-10-3 Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 8-3-10-4 The chairman shall lead the session and require orderly behavior and discussion. 8-3-10-5 No actions shall be taken or motions made at a work session. 8-3-10-6 Work sessions shall be open to the public. Public comment is not required at -8- a work session. 8-3-10-7 The secretary shall keep a general record of all work sessions and the items discussed. 8-3-11 Adjournment 8-3-11-1 In no case shall the Commission consider any new items after 10:30 P.M. and in all cases the Commission shall adjourn by 11:00 P.M. ARTICLE IX - AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice at any time during the calendar year. 9-2 Planning Commission shall conduct an annual review of these bylaws in November of each calendar year to ensure their accuracy. 9-3 At the first meeting of the calendar year the By -Laws will be adopted. ®:\Boards & Committees\Planning Commission\BYLAWS\2008 Bylaws\draft. By- LawsUpdate030508.doc FREDERICK COUNTY PLANNING COMMISSION ROLES AND RESPONSIBILITIES (rev. 7-14-06, adopted 8-3-06) DRAFT REVISION 3-05-03 This document has been prepared to assist Frederick County Planning Commissioners in understanding what their role and responsibilities are in the myriad of activities that they accept as a member of the Planning Commission. This compilation is a companion document to the Commission's By -Laws. APPLICATION COMMUNICATIONS There are three primary sources of information gathered by and weighed by the Planning Commission in order to make quality planning recommendations to the Board of Supervisors. They are ex -parte communications, staff reports and public input. Ex -Parte Communications: Individual meetings between Commissioners and an applicant/developer regarding a specific application shall follow the Virginia Freedom of Information Act. During this discussion or at any other time prior to action taken by the Commission on the application, a Planning Commissioner should make no commitments or endorsements. Any new written materials provided by the applicant to any one Commissioner shall be made available to all commissioners and staff by the applicant prior to the application appearing on the agenda. To not do so may result in the application being tabled at the Planning Commission public hearing. Staff Application BriefingsM/ork Sessions.- Prior essions: Prior to a the first public hearing being held, staff will hold a briefing for the Planning Commissioners, with an invitation extended to the Board of Supervisors to participate, regarding any application deemed sufficiently complicated / controversial to warrant detailed explanation. The purpose is to appraise the Commissioners regarding the details of the application, both those items that meet the ordinance and those that do not. This provides the opportunity for the Commissioners to have a common understanding of the application prior to the public hearing. The decision to hold a briefing on a specific application will be made jointly by the Director of Planning and the Chairman of the Planning Page 1 of 4 Commission. In addition to complexity, the application shall be basically complete prior to scheduling the briefing. The Planning Commission may request a work session for an application which, after the first public hearing is concluded, is subsequently tabled. The purpose of the work session is to discuss amongst each other and with staff details of the application, any revised proffers provided or anticipated by the applicant, and other improvements which could be made to the application. For either a briefing or a work session: -The applicant may attend, but will not have an active role in the briefing The briefing will fell The format of a Planning Commission work session as identified in paragraph 9 3-9 8-3-10 of the Commission's By - Laws will be used. -In no case will the SGhe d jinn of the staff bFiefinT g GhaTnTge the legal timeline for consideration before the Planning Commission be changed.before aGtinn is talon Public Hearing/Meeting: Efficient and effective public hearings are an essential part of enabling the Commission to make reasoned recommendations to the Board of Supervisors. Every attempt will be made to obtain focused and broad representation of opinion or information from the public. When possible specific time limitations will not be used. However, both rules of order as well as time constraints most appropriate for the specific application will be implemented when there is either large interest in or controversy regarding an application. One constant during this process on both the part of the public, the applicant and the Commission itself is civility and respect for information offered or a differing opinion. Deviation from this behavior is unacceptable. COMMISSIONER DEVELOPMENT: Each Commissioner shall be committed to preparing for and keeping knowledge current in order to do the most effective job for the community. Page 2 of 4 New initial appointees should strive to obtain Planning Commissioner certification from an acceptable training program within the first year of appointment. This training is supported by the Planning Department budget Further continuing education through many offerings should be pursued and will be supported by the Planning budget as possible. These opportunities should be shared amongst the number of Commissioners who are serving. Examples include CPEAV's annual meeting, other special offerings as well as the American Planning Association's readings and meetings. A library is maintained by the Planning office. COMMISSIONER ATTENDANCE Commissioners are expected to participate in 80% of the regularly scheduled meetings per year. Members who cannot attend a meeting due to illness, business, other governmental or family reasons should attempt notify the Commission Chairman and/or staff Administrative Assistant prior to the scheduled meeting in order for the absence to be noted. It may affect quorum considerations. Especially essential is preparation and readiness for each of the Commission's meetings in order to use not only the Commission's but the staff's and public's time wisely. COMMISSION COMMITTEE ASSIGNMENTS: Appointments to a Commission committee or liaison assignments are made by the Chairman and shared by the membership. Generally, they involve a once per month meeting. CONFLICT OF INTEREST: Each Commissioner needs to be familiar with Commonwealth of Virginia information on conflict of interest. If a Commissioner is unsure if there is conflict, the County GOMMGRwealth's Attorney is the correct resource. Upon determination that there is or might be perceived to be a conflict, the Commissioner should state immediately after the agenda item is read that recusal action is necessary (with, preferably, stating the reason) then step down from the dais until the item is concluded. Page 3 of 4 PUBLIC REPRESENTATION. - Commissioners are citizens, too. If there is an stern before another publiG bed a public item that is of interest, the Commissioner should participate, but not identify themselves as members of the Frederick County Planning Commission unless acting in an official capacity and directed to do so. Implied endorsements by the Commission should be avoided. Page 4 of 4 PROPOSED ALTERNATIVE STRUCTURE OF PC SUBCOMMITTEES (draft 1/23/08, rev.2/3/08a) BACKGROUND.- Our ACKGROUND: Our two major subcommittees, Comprehensive Policy and Plans (CPPS) and Development Regulation and Review (DRRS) are comprised of both citizen and Planning Commission members. They are appointed by the Chair of the Commission for annual terms. Each citizen member is personally contacted to assess interest in continuing service, including retired planning commissioners. Each current planning commissioner is expected to serve on one or the other of these two committees. The Chair and Vice Chair serve as ex -officio members of both. CURRENT STATUS: There exists a continuing high level of interest on the part of citizen members to serve which is a positive. The result has been larger committees as need for skills in the membership changes. However, as the size of the planning workload increases, these larger committees are continuing to work as a whole, rendering them less effective in accomplishing the needs of the Planning Commission and the County. It is simply more difficult to get through the workload. Beginning in 2006 and growing in 2007, one solution was to establish small task forces based on specific, limited projects (i.e., UDA revision, NAICS/SIC conversion, Sign Ordinance revision, UDA B-2 second story residence ordinance, etc.) The task forces (or ad hoc) sought specific skills of their citizen members to deal with the subject matter (appointed by Subcommittee Chair/Commission Chair). These have worked well, and have been an opportunity to get projects completed, with volunteers being able to commit to something that is not an extended time requirement. The Task Force concept is in our current By -Laws. ,K6711[6175 Goal: Help relieve staff of some of the workload, engage citizen members with particular expertise more directly related to the special projects, and establish an executive structure that has the responsibility for collaborating with staff in directing the work of the committee, as well as decision making regarding the recommendations of the subcommittees and task forces. Structure: 1. Executive committee of current and former planning commissioners. 2. Standing committees to be made up of former planning commissioners -and citizens, with two liaisons from the executive committee to be a conduit back to executive committee and to guide ongoing work (see example below). 3. Ad hoc task forces or work groups established as appropriate to work on time limited, specific projects. (This is already permitted in By -Laws.) EXAMPLE: CPPS is the largest subcommittee with six current Commissioners, four retired Commissioners, and six citizen members (16 total). Because of additional citizen interest and CPPS input needed, there are five likely new citizen members to be added. The CPPS annual workload includes activities in the following areas which could well be the responsibilities and titles for the CPPS standing committees: 1. Public facilities (schools and Sanitation Authority currently on CPPS, with Parks, Libraries, and Public Works to be added) 2. Comprehensive plan update 3. Small Area Plans (suggest dropping or changing the "small") MEETING SCHEDULE The current schedule is a monthly meeting of the total committee. That could be the same schedule for the new structure except that the meeting would be only for the executive committee. The meeting's purpose would be to manage CPPS' workload in consultation with staff, get recommendations from subcommittees and task forces, and make recommendations for full PC action. Citizen members may attend the monthly CPPS meeting, but would not be required. The subcommittees would meet on their own schedule as Task Forces do. The executive committee liaisons would manage each subcommittee's work. They would note discussion and actions recommended as a record. IMPLEMENTATION The purpose of this proposal is to help relieve staff, engage citizenry better, and manage the committees' workloads. This goal needs to be tested regarding its effectiveness within this proposed structure. It seems easier to identify potential standing subcommittees for CPPS because a good portion of its area of responsibility occurs each year. Perhaps it would be advisable to start with CPPS to test the restructure out. For DRRS, using task forces has been effective. However, looking at the 2007 (and years previous) goal list for DRRS, one sees the overhaul of both the zoning and subdivision—major large tasks still before us. And with CPPS revising portions of the comp plan annually, zoning ordinance changes (an example currently are TND ordinances as a result of the UDA revisions) only fall further and further behind. Using TND ordinances changes again as an example, those changes could be accomplished by a task force, but it will likely take a standing subcommittee to oversee the full revision until it is done. A few changes to the By -Laws would be in order.