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PC 01-02-08 Meeting AgendaGT_M1: FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia January 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) Election of Officers, Committee Assignments, 2008 Meeting Schedule and Adoption of Bylaws...................................................................................................................... (no tab) 3) Committee Reports ............................ 4) Citizen Comments ...................................... ............................................................ (no tab) ................................................ (no tab) PUBLIC HEARING 5) Rezoning #09-07 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 32 1) 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........................................................................................................................ (A) 6) Rezoning #11-07 of 1932 Senseny Road Pharmacy, submitted by Painter -Lewis, PLC, to rezone 2.2 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for a Pharmacy. The properties are located at 1932 Senseny Road (Route 657) at the intersection with Greenwood Road (Route 656), in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-196 and 65A-2-1. Mr. Ruddy ........................................................ (B) ................................................................ 7) Conditional Use Permit #08-07 for Wayne and Mellisa Fauver, for a Public Garage with Body Repair. This property is located at 441 Marple Road (Route 654), and is identified with Property Identification Number 42 -A -54-D in the Gainesboro Magisterial District. Mr. Cheran....................................................................................................................... (C) 8) Other FILE COPY REZONING APPLICATION 09-07 CLEARBROOK PROPERTY Staff Report for the Planning Commission Prepared: October 23, 2007 (Updated December 14, 2007) 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 Pending Board of Supervisors: 02/13/08 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 32 1) 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: B3 (Industrial Transition) Use: Vacant RA (Rural Areas) Residential West: RA (Rural Areas) Use: Agricultural/Interstate 81 PROPOSED USES: Commercial, Office, and Retail Uses. Rezoning #09-07 — Clearbrook Property October 23, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: Please see attached correspondence from Mr. 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 Impact 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 I-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 Rezoning #09-07 — Clearbrook Property October 23, 2007 Page 3 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. 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 I (a)(i), I would recommend that the words "provided by" be changed to words "limited to". 5. In Proffer I (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 I (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. I 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 Rezoning #09-07 — Clearbrook Property October 23, 2007 Page 4 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. 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. Rezoning #09-07 Clearbrook Property October 23, 2007 Page 5 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. 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 gasoline service stations to only one with no more than twelve pumps. A. Transportation Traffic 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 11. 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. Rezoning #09-07 — Clearbrook Property October 23, 2007 Page 6 The TIA indicates that a Level of Service C condition will be maintained at the intersection of Route 11 /Hopewell RoadBrucetown 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 11/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 Profam. 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 1I 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. 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. Rezoning #09-07 — Clearbrook Property October 23, 2007 Page 7 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 through September 18, 2007 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 limits the development of gasoline service stations to one with no more than twelve or fewer pumps. The Applicant has prohibited 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. 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 also 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, or as an alternative, to provide an additional left tern lane on Route 11 at the intersection of Rest Church Road. D) Community Facilities This application proffers a monetary contribution in an amount of $0.10 per building square foot for Fire and Rescue Services. Rezoning 409-07 — Clearbrook Property October 23, 2007 Page 8 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 fixture 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 l I 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), most significantly, at the two major intersections identified in the Applicant's TIA Following the requirement fora public hearing, a recommendation by the Planning Commission to the Board of Supervisors conclor"ing, this rezonin application would be appropriate. Thea licant should be reared to adequate p address all concerns raised by the Plannin Commission. Clearbrook Property Rezoning - Route 11, Frederick County Mike Ruddy Page 1 of 2 From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram@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: . 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. Tril) 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. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Viiginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 11/1/2007 Page 2 of 2 uomeast W eL)mait - nmall iviessage r-agu 1 vi i From: "Ingram, Lloyd"<Lloyd.ingram@VDOT.Virginia.gov> To: <germaneng@comcast.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. TripGeneration 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 Transpor Cation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 http://mailcenter3.comeast.net/wme/v/wm/46CC3FAD0005507DO0004C 1 C22165579960... 8/22/2007 April 5, 2007 Mr. Claus Bader, P.E. German Engineering, PLC 102 Whipp Drive Winchester, VA 22602 RE: Proposed Rezoning of Clearbrook Property Dear Claus: COUNTY of FREDERICK Depa: tment of PlanniMg and Development 540/665-5651. FAX: 540/665-639-5 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. L Requested Zoning. It is unclear to staff why the applicant is requesting 132 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 Rent Street, Suite 202 n Winchester, Virginia 22601-5000 Page 2 Mr. Claus Bader, P.E. RE: Proposed Rezoning of Clearbrook Property April 5, 2C07 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 Plan. 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 1 I . 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 cf Clearbrook Property Anri l 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 thru-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 lei. 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 ldi. 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 trafc signal at Page 4 Mr. Claus Bader, F.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 I 1 and Hopewell Road/Brucetown 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, 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 April 6, 2007 Claus Bader, P.E. German Engineering, PLC 1.02 Whipp Drive Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 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 1 I 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-1 24A (Woodside Commercial Center) and 33 -A -123/33 -A -122A (Clearbrook Business Center) has not been included in the background traffic. 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 tum 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 ficult and as such does e requirements outlined in impacts and needs in this area very dif the transportation section of the comprehensive plan fo pact analysis Rezoning App lication/Proffers I . 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 entrap t location subject to VDOT and Co un review and approval. In addition, any implemented ideally would align with the al . entrance to parcel 33 -A -124A, which was recently rezoned as Woodside Commerce 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 1 a�hat the lements the Eastern Road Pent will be banllt prior to desire for receiving any occupancy permits. One lane p 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 r the west de of Route 1 inaddition, please consider the planned ten foot bike path fo 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 ideally be coordinated with the recently rezoned southern inter -parcel connection will Clearbrook Business Center. 4. Regarding Proffer I -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 TLA 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 cc: MV Winchester, LLC Lloyd Ingram, VDOT Jerry Copp, VDOT P 86P e�YCE,KPY9 ro N Sy I' D � yl a— AVID C c- 33 33 A 112 / FAIRFIELD FARM OF FREDERICK CO,LLC y ted a`'V!/hd 33 A 113 BLAIN, BRADLEY K CEDAR HILL £STATES 33 A 124 BLAIN, BRADLEY K ^J 33 A 114C HMC, LP, LLP i 'FNUOORBAFTfSTCHURCH tRC 33A 1148 HMC, LP, LLP �Oy9� t3USIN£SS e z m BOG 33 cooK 87g I' D � yl z 0 AVID C w > ,a � y �t v v'n tib. P 1A40NE\OO�pPN� A ��' C7 33 NEMf'j F ,40 0 33 A J' FRED ERICK, OF � Qe q CLEARS DK PARK 0 1 z �s 5 44 A so FARM 2. Y� WAVERLY a a 0 a5 O m moo CO) 3 34 A 71A i z n � 0-N MINERALS (CHEMSTONE) COMPANY. ^ o ¢s � U O� Q Map Document:(N:\Planning_And_Development\_1_Locator _Mps\ClearbrookProperty_REZ0907 072507m. 1 j . _ _ ReZoning REZ # 09 - 07 \ Application Clearbrook Property r---✓ Parcel ID: 33-A-125 Location in tha County Map Features O Hamlets 44. Future Rt37 Bypass 4D Application stm.ts Primary '�. Secondary '�- Tertiary Winchester Rds of Urban Development Area SWSA I' D � yl $picetown Kd` }, �a �t v v'n tib. P 1A40NE\OO�pPN� A ��' C7 33 NEMf'j F ,40 0 33 A on FRED ERICK, OF 30 q CLEARS DK PARK 0 1 z 44 A so FARM Y� WAVERLY a 0 Map Document:(N:\Planning_And_Development\_1_Locator _Mps\ClearbrookProperty_REZ0907 072507m. 1 j . _ _ ReZoning REZ # 09 - 07 \ Application Clearbrook Property r---✓ Parcel ID: 33-A-125 Location in tha County Map Features O Hamlets 44. Future Rt37 Bypass 4D Application stm.ts Primary '�. Secondary '�- Tertiary Winchester Rds of Urban Development Area SWSA J 0 150300 600 �1EK CSO eet W .G d Case Planner. Candice 5/?nn7 -- 1.4d•1A mann I' D � yl �t cl Br ucetow' Defo J 0 150300 600 �1EK CSO eet W .G d Case Planner. Candice 5/?nn7 -- 1.4d•1A mann Map Document (NAPInnnlnn Anrl r)--inn—nm i i —t— _ Frederick County, VA ReZoning REZ#09-07 Application Clearbrook Property Parcel ID: 33-A-125 Location in the County Map Features O Hamlets Zoning *1*, Future Rt37 Bypass 4s 61 (Business, Neighborhood District) 0 Application =- B2 (Business, General District) streets ! B3 (Business, Industrial Transition District) ^�. Primary A� EM (Extractive Manufacturing District) '�. Secondary HE (Higher Education District) '�- Tertiary ® M1 (Industrial, Light District) Winchester Rds M2 (Industrial, General District) �0 Urban Development Area i MH1 (Mobile Home Community District) • MS (Medical Support District) R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) OW SWSA " at ,� a 04 m y O r7 Brucetowi o Location in Surrounding Area 1GK ' CSG C 150000 50 4 ' ®heel "t Case Planner: Candice — _ --- - _ ••r �. .�� .. �N� ay_r.�wavr_vrGau7.filxa} 7tL0/ZUUf -- 1::34:14 PM REZ #IM -- 07 w _ Laud tffl Map 4REZ 07 - • • sV' ■ ■ rIgMap Frederick County, VA Rezoning REZ # 09 - 07 x \ Application Clearbrook Property Parcel ID: {d '' 33-A-125 - Location in the County • f � j r -''aryl rt Map Features O Hamlets Future Rt37 Bypass ±± t •_ "'7 L7 Application fteets Primary FlulA i-ra:. Secondary Tertiary Winchester Rds Urban Development Area A"! SWSA d fc,, S C1 0 i '{ Y / f o Bruceta^m l t Location ro Surroundtny rea Kim*0 1503®�ee' qr q.' +1 Case Planner: Candice Maq Document' (N'\Planninn A-4 n—.Il a +t e t ne__ __ ___ - - "- _ _ ��•-...t,�a'.'vv r —PN +Y-r\Lzz-UyU1-Ulc0U(-MXO) IIZOIZUUI -- 1:34:14 PM GERMAN ENGINEERING PLC 102 WHIPP DRIVE WINCHESTER, VA 22002 540-664-1971 To: Mike Ruddy CC: Mo Vahidi From: Claus Bader ®ate: 10/12/2007 Re: Clearbrook property Mike, Here are the revised proffers as discussed today. Thanks, Claus C; (' T 2 Rezoning: Property: Record Owner: Applicant: Project Name: Original Date of Proffers: Revised Date Proffers: Magisterial District: Preliminary Rafters Area: 14.53 acres 'fag Parcel 33-(A)-125 MV Winchester, LLC PSV `Vi:alchester, LLC, C/® Claus Bader, P.E. Clearbrook Property March fly, 2007 Juane 14, 2007 A aanust 22, 2007 Stonewall pursuant to Section 15.2-2296 Et Seq. of the Code of Virginia, 1450, 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 #09-07 for rezoning of 14.53 -acres from be the RA District to General Business (B-2) District, development of the subject property 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 nogranted, sheall be binding these ers shall be upo this applicant ed withdrawn and have no effect whatsoever. Theseproffers 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 dated June 15, 2005the Frederick County Circuit Court Clerk's Office as instrument 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 at the Master Development stage.. d. Signalization a. The applicant hereby proffers to contribute $100,000 toward the signalization improvement at 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 signalization ements 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 "signalization agreement" with VDOT that provides the aforesaid $100,000 one time contribution towards the cost of the signalization. This contribution will be paid to Frederick County upon the issuance of the first occupancy permit in the development. The applicant also proffers anadditional $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 the County. These funds will be Paid to Frederick County p on 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 land on route 11 North at the intersection with Rest Church Road. Work shall 2 begin on this improvement within eighteen (18) months of the approval of the first site plan for the property or at the request of VDOT. f. Right of Way Dedication a. 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. The dedication will take place as a part of the approval of the first site plan. pedestrian, b. The applicant hereby proffers to dedicate a 20' drainage, p 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-B) 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" 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. The applicant hereby proffers the following conditions to "Automobile Service Stations-, Retail" as defined in SIC 5541 -"Gasoline Service Stations". 3 a. Only one business on the property will be allowed to have retail fuel pumps. b. The total number of pumps will be limited to twelve or fewer. c. Diesel fuel will be restricted to two pumps or fewer and trust be located with other pumps. Diesel fuel sales to "over -the -road trucks" wprohibited. ill be 7. Corridor Enhancements to be completed by prior to the first occupancy permit. a. The applicant will construct a split rail fence along the road ot oe exceed twelve b. The applicant will erect a single monument ontage- sty g� - _ ent (12') in height, with the park's name and listoften nts(1 0 Thisfl Mon square in area will not exceed twelve (12') in height or one The applicant will not install any freestanding signs between the buildings and Route 11 other than this one monument sign. or outdoor storage to be c. The applicant will not allow any parkingspaces constructed within 50' of Route 11. a f d The applicant will require each building facade along Route 11 to be or stucco. However, metal siding constructed of wood, vinyl, glass, masonry, 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. M Uoi UtF U ! ua: iYa The coed tions proffered above shall be binding upon heirs, executors, admzni-,tr3tors, assigns, M, -1d successors in the interest of the applicant and owncr. in the event the Fwd Board of Supervisors grants this rezoning and accepts the conditions, the Pro erect conditions shall :apply to th4 land rezoned in addition to other "uirements set forth in the Frederick County Cade and Ordinance_ R.cspCCtfuily Submitted` - MV winchester. LLC N4,0hebatullah Vabidi CoTnmoneveWt'h of Virginia, Q-7 ?ate Cil.,/County of E14� TO Wit: '1'be foregoing inshummt mus acknowledged before me this Y day of C�c� 2007 NOtarj Pkibiic My Commission Expires Registration No. Demand Pollard Commonwealth of Virginia 01 Notary Public Commission Na 351925 My Commission Expire810131/2008 lib$ VahicGl A:L1001-lirotCcPSti+�►�'ig v4.dtlC 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 Property 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. Comprehensive 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 I 1 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, 4t' 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. ° ° o ° a o Branson / Spring 11 Road Rt. 671 C°dar Hrn Roo, Rt, 671 ¢° ° 0 124 / b � N ry a 0 123A �2sq 6>> 123 1240 ° a t. 672 0 e a° Rt. 72 gNa own Roo shington ring ° O� C/eorb�ook Q c JF c CLEARBROOK PROPERTY DESIGN: CSB GERMAN ENGINEERING, PEC VICINITY MAP DRAWN: CSB 102 WHIPP DRIVE TAX MAP 33-A-125 CHECKED: CSB WINCHESTER, VA 22602FILE: 1001-MO 540-664-19` 1 STONEWALL DISTRICT DATE: 3/15/07 FREDERICK COUNTY, VIRGINIA SCALE: 1 "=1000' A Traffic Impact Analysis of the Clearbrook Property Located in: Frederick County, Virginia Prepared for: MV Winchester, LLC C/® American Medical Equipment and Services 794 Center Street Herndon, VA 20170 Prepared by: Patton Harris Rust & Associates, pc Engneers. Surveyors. Planners_ LandscapeArchitects. 300 Foxcroft Avenue, Suite 200 R+AF Martinsburg, West Virginia 25401 HT 304264.2711 3D4.264.3671 August 28, 2006 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+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/ I-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 Trak Impact Analysis of the Clearbrook Property PH J� Project Number= 14623-1-0 J August 28, 2006 Page 1 No Scale Cedar H III PLIWPJI Rd R o'-91 Church Rd uCev is Rd I- + HM Figure I Vicinity Map - Clearbrookbrook Property in Frederick County, Virginia A Traffic Impact Analysis of the Clearbrook Properh Project Number: 14623-1-0 August 29, 2006 R+A Page 2 PH Figure 2 PHRn Existing Traffic Conditions k Hour) A Traffic Impact Analysis of the Glearbroolc rroperzy Project Number= 14623-1-0 August 28, 2006 Page Signalized -� Intersection �Z� O Signalized O LOS--B(B) .� Intersection rJ LOS--B(B) 2 *f $B) No Scale ")A(B)gftft* ro Rest Church Road SITE Site - Drive Unsignalized O Intersection (A)A�4 ,t L �Q Signalized Intersection LOS--B(B) *Unsignatized Intersection Brucetown Road B (117 p rucetownRoad C(�x *0))C Unsignalized r ]] Intersection p M AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement /A Denotes trvo-:vay lett tttrn lane JT Tf� 1L 1 0 Figure 3 Existing Lane Geometry and Levels of Service A Traffic Tra��cImpact Analysis ofthe Clearbrook Property Analysis ofthe Clearbrook Property P Project Number: , 2 1 Augustt 28 28, 20066 HRA+ 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 11 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 7th 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 538 151 689 399 845 1,245 10,763 Rutherford's Farm Industrial Park 130 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 Townbouse/Condo 195 units 15 72 87 71 35 107 1,697 251 Elderly Housing - Detach 133 units 17 30 47 55 31 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 Traffic Impact Analysis of the Clearbrook Property PH � Project Number 14623-1-0 August 28, 2006 Page 5 C C', N ti O (295)22 � x`227 2283)67) (I55)l89 a� ( No Scale i G O Cn Rest Church Road (2 (148)84 304 18 (278)295 (442) O��w,tiary,`ry L (63)117 r 9(8j )56J (28)33 SITE Site- Q? ite- 1 n b \ Q _ b 7 � 6(34) 48(269) 6(34) (141)16, (80)1 b b o b N / (62 8Road r` 62(60) )l (1p2)971`] 7 ^ NN b O N AM peak Hour(PM Peak Hour Figure 4 2010 Background Traffic Conditions A Traffic Impact Analysis of the Clearbrook Property P—,R+A Project Number: 14623-1-0 20 -0 August 28, 2006 Page 6 O /frb B(8) No Scale (A)A a A Signalized F O Intersection �p LOS—B(B) Zest Chin h Road Unsignalizet Intersection (A)q t SITE Site - Drive I Unsignalized Intersection Q cetVVjjo Road A Signalized G Intersection O LOS--B(B) 11 �► cm�� Signalized. New Intersection" Intersection LOS--C(C) EB - I Left Fourth Leg Improvements" G L " Signalized"Suggested Intersection Improvements" Lbs -,q Signalization EB - I Left + I Right kcn t�c the eastbound -and redi6i. oto account / AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement Denotes two-way le'f't turn lane Figure 5 2010 Background Lane Geometry and Levels of Service A Trak Impact Analysis of the Clearbrook Property PH"'N ProjectNumber: t 28, 20 6August 28, 2 e 7 Page 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 m__•_ lam.. ..�� C»mmnr-« Code Land Use 1 1 1 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 S 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 A WM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. A Trafc Impact Analysis of the Clearbrook Property Project Number: 14623-1-0 PH"A+ August 28, 2006 Page 8 40% 10% No Scale 11 Rest Church Road SITE Site - Drive 11 Ho Me]] Road BrucetOvm Road 40% l0% T T�+/ Figure 6 Trip Distribution Percentages A Traffic Impact Analysis ofthe Clearbrook Property Project Number: 14623-1-0 August 28, 2006 Page 9 Figure 7 Development -Generated Trip Assignments PHRI� A Trak Impact Analysis of the Clearbrook Property Project Number: 14623-1-0 August 28, 2006 Page I0 N'v N Q CID No Scale ®, *Imft24(77)I Vb^ 11 A JI/j CO U Rest Church VV. (29!)159 f� Road � � b G O 8!(257) (223)122 -AMA 24(77) i WN SITE (39$)!25 (24q)7j® Site- T Dnpe N 11 �A G 0 11 ftaa#* 57(I80) Ho ewe" }load �► �ql� t� Sro 0, Brucetown Koa *ftft b 1�O Bruceto wn (I56)85riy%1 � 11 AM Peak Hour(PM Peak Hour) LP_ _.PA - Figure 7 Development -Generated Trip Assignments PHRI� A Trak Impact Analysis of the Clearbrook Property Project Number: 14623-1-0 August 28, 2006 Page I0 a No Scale �Is9 j 82j®► � 25I�3 aI 5 9� o h A 'CO O %-.6(34) `. 4*48(2 9) Rest Chtrrch Road (141)_160 � 6(3q) c i 1 `rc 197(475 (148 )84 Q� �� 328(519) (502)417 L (399)125 SITE (244)77 1 ^® D Site - (31)22 N O rive 11 ` v �A 11 O ® I73 ) (Ig8 ��2p8(37q (134)158 Ho ewe]] Road c0�� as i O Bruceton e Road i� (63)117 ��71S (156) q o p (2g)33 a (261) ,rti -^ r 71(54) c B171cet° s 45(53) m(- (- W 63R=� r 62(60) (87)62 (102)97 h N b AM Peak Hour(PM Peak Hour) P, TP+A Average Daily Trips ! I A Traffic Impact Analysis of the Clearbrook Property PH J� Project Number: 14623-I-0 August 28, 2006 Page 1 I a $ "Suggested Intersection Improvements" Signalized Intersection Signalized Intersection O tp - 1 Left + I Right LOS B(B) �! LOS B(B) SB - 1 Right B) � • �. CNS ` No Scale �'i MM (C)CM.6 (B)B ait 11 c OcStt O 0 Rest Char- Road Signalized Site_ Intersection )nye LOS—B(B) 11 o Unsignalized O Intersection (A)A �► Road SITE 71-niersectiont7 Un exsection Intersection9(9)4 �ceto"''tRoa �(�x Signalized_ "Suggested Intersection Improvements" LOS--C(C Signalization EB - 1 Left + I Right WB - I Left SB - 1 Right U. � • �. CNS ` (C)CM.6 L_ 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 otthe Clearbrook Property PH'I�A Project Number: ]4623-1-0 August 28, 2006 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 11/Rest Church Road, will maintain overall levels of service "C" or better during 2010 build -out conditions. The intersection of Route 11/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. s Route 11 / Hopewell Road/Brucetown 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_ A Traffic Impact Analysis of the Clearbrook Property PHP' Project Number: t 28,2 1 6August 28, 2006 Page 13 REZONINGK COUNTY,�GV aA ON FORM �Ei3ERI completed b planning Staff Amount Paid $�� — be comp Y Fee Arn � Date Received ,T ning Amendment Num er $OS Hearing Date ' Hearing Date o. ~`rovided by the applicant: The following information shall be p page numbers may be obtained from the Office of d book and p Winchester. All parcel identification numbers, deeg the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, 1. Applicant: Name: MV Winchester, LLC Address: 2 Property owner (if different than above) Name: Mohebatullah Vahidi Address: vn gn170 Telephone: (703)-471-0082 Telephone: (703)-`171-0082 3. Contact person if other than above 664-1971 Name: Claus Bader, P.E:, German Engineering Telephone: (540 ) items that have been included with this application. 4. Checklist: Check the following X Agency Comments ----- Location mapX Fees Plat X Impact Analysis Statement Deed to property Proffer Statement Verification of takes paid X 11 5. The Code of `Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: RA Residential and agricultural /�+f)�*nJ, B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Please see the attached. g. 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 roe is located on the west side of Route 11 approximatel 2 200 feet north of Interstate exit 321 Ho ewell 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: s. Max. of 5 Mobile home: _0 Multi -Family: 0 Non Residential Lo Home: 0 Hotel Rooms: 100 S uare Foota e of Pro osed Uses Office: 301000 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): --Aa .�13 �; � _ Date: Date: Owner(s):�'c`'� 2fr �; �1 Date: Date: 13 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Identification Number Address and Development, LLC 1631 Red Bud Road Winchester, VA 22603 Zone: B3, Use: Vacant rdroperty A-123 K. Blain 35 Flatt Road Rochester, NY 14623 Zone: RA, Use: Vacant/Agricultural A-124 Elaine F. Magee 3703 Martinsburg Pike Clearbrook, VA 22624 Zone: RA, Use: Residential Property # 33 -A -125A Name Deborah D. Swimley P.O. Box 10 Clearbrook, VA 22624 Zone: RA, Use: Residential Property # 33-A-1258 Name Philip K. Martin P.O. Box 113 Brucetown, VA 22622 Zone: RA, Use: Residential Property # 33 -A -125C Name Robert O. & Joyce Widdows 2042 Cedar Hill Road Clearbrook, VA 22624 Zone: RA, Use: Residential Property # 33 -A -125E Name Mark & Elizabeth Caroline Regan 2000 Cedar Hill Road Clearbrook, VA 22624 Zone: RA, Use: Residential Property # 33-A-1 25D Name Silverwolfe, LLC 1073 Red Bud Road Winchester, VA 22603 Zone: B3, Use: Vacant Property # 33-A-1 24A Name Open Door Baptist Church, Inc. 2587 Northwestern Pike Winchester, VA 22602 Zone: RA, Use: Church Property # 33 -A -124A 14 15 Address Name and Property Identification Number Name3656 Frederick A. & Un H. Stronko Property # 33 -A -124D Martinsburg Pike Clearbrook, VA 22624 Zone: RA, Use: Residential Name Everett L. Caton 2060 Cedar Hill Road Clearbrook, VA 22624 Zone: RA, Use: Residential Property It 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 is Special Limited Power of Attorney ' County of Frederick, Virginia C,t� 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) M01-1C—B TULLflki (IR111-D1 (Phone) 703 - 471- 6708-'� (Address) C a f�11? �PrV"q aa/70 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.O5oo1;tSA' on Page , and is described as Parcel: J025 Lot: Block: 6 Section: 3 3 Subdivision: do hereby make, constitute and appoint: (Name) C66US BW GF R&� I PLC (Phone)$4a .66¢-1177) (Address) D 2 9) /ff *DklOF 1 NCfQR. aZ X60 �- 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) 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 otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this LJO-�lay of 200" A Signature(s) State of Virginia, City/County of F-06, C��atiL , To -wit: I, `yn+A; IgLt+H0,'-'a' Notary Public in and for the jurisdiction aforesaid, certify th person.(}-wl 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 r1 2 y of y/ �a , 200_. L"EhAa- My Commission Expires: 4 Notarf Public Jul 31 07 11:10a {•"FFG.v`(.W�"�J'1,v7'��i�@yn��`��ww',A_ NO. RRO. _OELTR _ ARC TAN, CHD. Cm, BIG: 1 11499.16' 02009'38" 433.63' 216.84' 433.60' 5 33°23'29"41 2 11499.16' 00014.05" 47.12' 23.56' 47.12' 5 34021'15°il 3 4 11499.16' 00044'51" 150.00' 75,00' 150.00' S 33051'47"Y 11499.16' 01010'42" 236.51' 110.26' 236.50' 5 32°54101"v �r— E b x INTERSTATE ROUTE 81 N z�oza ror1-a= �ss,aq• `- RAAN MAY REMAINING LAND II 14.5309 ACRES p GAFWGF 6 EXISTING C:J p'�fi 11Nc S w —r � � � "Q9.93• w o LOT 4 a Ly 13 m�-pv Os =s a 2 (;u w••• . I �11 Nn! ia r�`� C f� ¢ Cl Z ;dia �� U -S• ROUTE Mq RT1NS.B UR G lA jK E TABULATION 6EFORE ADJUSTMENT LOT 1 1.3200 ACRCS MAY 116,29+46 ACRES DAVID M13via -- kln.1a55 ,�� •r� ,,.•.�'� AFTER AOJUSTMEM ,.,(nvF• LOT IA 3,0839 ACRES - N' MAY td).5309 ACRES I F INN l L PLAT BOUNDARY LINE ADJU5TMENT W fi. mi -111. I I L,;"' I RNO THr- _AND OF OENN15 J. S VIRGINIA 13, mol. I 5TOIlEWRLt 015 RIFT ! w ":: f rs Iiui 1 ; COJ •••�•R� .. ''-J1 •.,.:' ._ - na.o scnrl.cxNIA r�I/.�'iJ/,.J.1� ,� �,,,�I ,ur'r1 YnC-.� ,,ti ;� '�••�._ :!_ ia`!1 �• J.f :•1 r1� •i - is r: I.... `. !. -'Ty`-S'�.:" r tl ;.:c. bf • .n..a:...L�•-..�,..,�::-- ��ur �,+.. ,y�-t/J� 541 r ue�rs�r_• ,. ,.r!C97.1liRf ..00P}P:IN rf. nL'c. r.. .•'(' :� • C� REZONING APPLICATION #11-07 1932 SENSENY ROAD PHARMACY Staff Report for the Planning Commission Prepared: October 23, 2007 (Updated December 14, 2007) 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 Pending Board of Supervisors: 02/13/08 Pending PROPOSAL: To rezone 2.2 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers specifically for a pharmacy with drive through window. LOCATION: The properties are located at 1932 Senseny Road (Route 657) at the intersection with Greenwood Road (Route 656). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-196 and 65A-2-1 PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Retail South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Use: Retail PROPOSED USES: Retail Use; Pharmacy with drive through window. Rezoning #11-07 — 193 2 Senseny Road Pharmacy October 23, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 657 and 656. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed the transportation proffers offered in the rezoning application. While the applicant has attempted to mitigate the traffic impacts, there still is the possibility that there is insufficient left turn stacking room on north bound Route 656 at the intersection of Route 657. The applicant's parcel lacks sufficient depth to allow for adequate right-of-way dedication to elevate the stacking situation. All other impacts appear to have been adequately addressed. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Department of Inspections: No comments. Department of Public Works: We have no comments regarding the proposed rezoning. We do, however, reserve the right to perform a detailed review of the site plan. Frederick -Winchester Service Authority: No comment. Sanitation Authority Department: We have adequate sewer and water facilities to serve this site. Department of Parks & Recreation: No comment. Health Department: Health Dept. has no objection to rezoning, as public water and sewer services to be provided. Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Frederick County Public Schools: Based on the information provided that staies 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: The HRAB considered the rezoning proposal during their meeting of February 20, 2007 and again on April 17, 2007 to discuss the proposed historical monument on the property. The HRAB reviewed the generalized development plan and proposed marker provided by your office and offered no additional comments. The HRAB has endorsed the proposed rezoning Rezoning #11-07 —1932 Senseny Road Pharmacy October 23, 2007 Page 3 with the historic monument to the Greenwood School House (DHR #34-421). Attorney Comments: In my opinion, all proffers are in proper legal form. However, I would recommend that the language of 43 be modified to make it clear the $1,000 "cash contributions" relates to each permit. PlanninLy Department: Please see attached correspondence from Mike Ruddy dated April 12, 2007 Planning & Zonin2: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being rezoned from A-2 (Agricultural General) to R-3 (Residential) with rezoning application 018-78. Subsequently, the residential zoning classifications were consolidated into the RP (Residential Performance) zoning district, the zoning which the property currently retains. 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. I-]] [,and rIVP The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6-72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection, developing the south eastern portion of the intersection for neighborhood commercial development, if done in a compatible manner, would be consistent with the Comprehensive Policy Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. Rezoning #11-07 — 1932 Senseny Road Pharmacy October 23, 2007 Page 4 Recently, The Frederick County Board of Supervisors approved the land use proposal for the urban areas of the County. This alternative form of land use provides a desirable choice for properties located within areas identified as potential neighborhood villages and urban centers. This property is located in an area designated as a potential neighborhood village. Staff has encouraged this applications consideration of the neighborhood village concept and the principles of new urbanism to the greatest extent practical. However, this is a not a requirement of the Comprehensive Plan, rather a choice that may be utilized by the applicant when considering the future development of a property. Regardless of the above comment, this property is located in a developing area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are considered. The general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types, need to be followed. Given the lack of details concerning the physical construction of the property, the County should be confident that the commercial use of this properly will be complementary with area and adjacent residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an improved major collector. This translates to a four -lane divided urban section, such as is being implemented with Warrior Drive within the Wakeland Manor development. The idealized intersection design in the Comprehensive Plan (6-15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right-of-way, and sidewalks. Greenwood Road adjacent to this property is designated as an improved minor collector road. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. The applicant is implementing the Eastern Road Plan. On Senseny Road an additional lane is being provided, as is a raised median across the frontage of the property providing additional access management. Greenwood Road is being improved to the standard identified in the Eastern Road Plan. However, the improvements do not fully address the turning movements identified in the Applicant's TIA. Site Access and design. Access to the site is proposed via a right in, right out only entrance on Senseny Road. This restricted movement is further promoted with the construction of a raised median within Senseny Road that extends from Greenwood Road to beyond the eastern properly line of the property. The Applicant is proposing a full commercial entrance on Greenwood Road at the southern most point of their property. As noted elsewhere in this report, concerns have been expressed regarding the limited ability to accommodate a critical left turn movement on northbound Greenwood Road at its intersection with Senseny Road. This issue was highlighted by VDOT during their review of the TIA. Rezoning #11-07 — 1932 Senseny Road Pharmacy October 23, 2007 Page 5 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. The property is the site of the historical Greenwood School House (DHR #34-421), one of only a few schools constructed of formed rusticated concrete block. Some other attributes of the school included a bell tower that sat on the roof as well as serving as a public school in the "Modern Expansion Era." The site has been used as a residence since the schools closure in 1942. The initial review of this application by the HRAB offered several suggestions to be considered to mitigate impacts on historic resources. Please see the attached letter dated February 26, 2007 which describes the original recommendations of the HRAB. The Applicant returned to the HRAB on April 17, 2007 and obtained their endorsement of the proposed rezoning with the construction of a historic monument to the Greenwood School House. A historical monument has been proffered by the Applicant. The construction will generally conform to the sketch included as part of this application (Exhibit 8). 4) Potential Impacts Proposed Uses: The application is very specific with the use proposed; a pharmacy with a drive through window has been proffered. Therefore, the potential impacts can be easily evaluated. A. Transportation Traffic Impact Analysis. The TIA prepared for this application was based upon the development of a 13,000 square foot pharmacy with a drive through window and evaluated the functionality of the Greenwood Road and Senseny Road intersection. It is anticipated that the use would generate 1,146 vehicle trips per weekday with a weekday p.m. peak hour of 124 vehicle trips. It was projected that the background traffic, in addition to the traffic generated by the proposed rezoning, would degrade the intersection. The Applicant's transportation program seeks to address the impacts identified in the TIA. However, careful consideration should be given to the transportation impacts of the request as they pertain to Greenwood Road and its intersection with Senseny Road. All intersections should reflect a LOS C or better. This is a goal of the Comprehensive Policy Plan. Overall, the intersection does not achieve this goal due to the northbound left turn movement on Greenwood Road. VDOT reviewed the application and transportation proffers offered in the rezoning application and offered the following comment: While the applicant has attempted to mitigate the traffic impacts, there still is the possibility that there is insufficient left turn stacking room on north Rezoning #11-07 —1932 Senseny Road Pharmacy October 23, 2007 Page 6 bound Route 656 at the intersection of Route 657. The applicant's parcel lacks sufficient depth to allow for adequate right-of-way dedication to elevate the stacking situation. All other impacts appear to have been adequately addressed. Transportation Program. The Applicant's transportation program provides for the construction of improvements to Route 656, Greenwood Road, and Route 657, Senseny Road, across both road frontages of the property. This is to include right-of-way dedication and construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. As depicted on the Generalized Development Plan, the proposed improvements to Senseny Road implement the County' s Eastern Road Plan. Access to and from Senseny Road has been restricted to a right in and right out only entrance with additional median separation as identified on the Generalized Development Plan. A full commercial entrance is proposed on Greenwood Road. It is at this location that the possibility exists that there is insufficient left turn stacking room on north bound Route 656 at the intersection of Route 657. The applicant's parcel lacks sufficient depth to allow for adequate right-of-way dedication to elevate the stacking situation. This entrance should be carefully evaluated. In relation to this issue and the request in general, the applicant has proffered to provide $25,000.00 for future transportation improvements within the Route 657 and Route 656 right- of-ways. The Applicant has sought to address inter -parcel circulation and access by proffering a fifty foot easement at the south east corner of the site to allow for access for future redevelopment on the properties to the east of this parcel. B. Design Standards Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance and the sensitive integration of the project into the surrounding community. Signage, landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Such design elements should seek to exceed those provided on other similar developments (Orrick Commons) to ensure that this project fits in with the surroundings and context of this particular location. The above could be done in context with the historical character of the property and could also recognize the location as a potential neighborhood center. The application provides for a limitation on the commercial signage to a single monument sign. The maximum height of the sign has been proffered at 20 feet. The current ordinance proposal under evaluation for signage may restrict the height of monument signs along collector roads to 15 feet. This application should seek to be consistent with the proposed ordinance. The historical monument provides context as to the historic use of the property and is a positive design element. Rezoning #11-07 — 1932 Senseny Road Pharmacy October 23, 2007 Page 7 C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. The Applicant has proffered a monetary contribution in the amount $1,000.00 for impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue Company. 5) Proffer Statement — Dated January 24, 2007; revised February 22, 2007, April 13, 2007, July 19, 3007, August 20, 2007, September 21, 2007. A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan for the purpose of identifying the general configuration of the proposed commercial development and locations of site access. B) Land_ Use The Applicant has proffered that the only permitted use on the properly will be a pharmacy with drive through windows. A five foot sidewalk has been proffered parallel to Senseny and Greenwood Roads. Signage has been limited to a single monument sign. The maximum height of the sign has been proffered at 20 feet. Staff note: The current ordinance proposal under evaluation for signage may restrict the height of monument signs along collector roads to 15 feet. This application should seek to be consistent with the proposed ordinance. The building is proffered to be constructed using compatible building architectural style and materials and has limited the facades of the building to certain materials. Staff note: A specific design, including building orientation, has not been provided. C) Transportation The Applicant has proffered frontage improvements on Route 656, Greenwood Road, and Route 657, Senseny Road, including right-of-way dedication and construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. Access to and from Senseny Road has been restricted to a right in and right out only entrance with additional median separation as identified on the Generalized Development Plan. A full commercial entrance is proposed on Greenwood Road. Staff note: It is at this location that the possibility exists that there is insufficient left turn stacking room on north bound Route 656 at the intersection of Route 657. The applicant's parcel lacks sufficient depth to allaw for adequate right--vj'way u %.cation to eierate the stacking situation. This entrance should be carefully evaluated. The Applicant has proffered to provide $25,000.00 for future transportation improvements within the Route 657 and Route 656 right of ways. The Applicant has proffered a fifty foot easement at the south east corner of the site to allow for inter -parcel circulation and access for future redevelopment on the properties to the east of this parcel. Rezoning #11-07 — 1932 Senseny Road Pharmacy October 23, 2007 Page 8 D) Community Facilities The Applicant has proffered a monetary contribution in the amount $1,000.00 for impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue Company. E) Historical The Applicant has agreed to construct a monument on the site commemorating the Greenwood School. This monument will be constructed of materials from the original Greenwood School and generally conform to the sketch shown in Exhibit 8 of the rezoning application. STAFF CONCLUSIONS FOR 11/07/07 PLANNING COMMISSION MEETING: This rezoning application is generally consistent with the Comprehensive Policy Plan, in particular, the long range transportation elements of the plan. However, careful consideration should be given to the impacts generated by this request, in particular, the transportation impacts of the request as they pertain to Greenwood Road and its intersection with Senseny Road. All intersections should reflect a LOS C or better and that is not accomplished with this application. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/07/07 MEETING: Three local residents and the owner of the Greenwood Grocery and Deli came forward to speak regarding this rezoning application. Two of the residents inquired about provisions for pedestrian and bicycle mobility and if crosswalks would be available. They also asked about landscaping for the site. The third citizen was a homeowner whose house and driveway were located directly across from the pharmacy entrance. She said she would be directly impacted by the traffic, and by vehicle headlights and parking lot lighting shining into her home and onto her property. She inquired about the hours of operation and the appearance of the structure. She talked about the traffic congestion at all hours of the day and said her mailbox was located across the street, next to the pharmacy entrance. The owner of the Greenwood Grocery and Deli asked if the proposed median would block left -turn traffic from going into his main entrance on Senseny Road. Commission members commented that this was a low -intensity business and would provide a neighborhood service. They recognized efforts by the applicant to improve the transportation problems at this location, particularly with the expansion of the intersections, the right -in and right -out, and the median strip. However, they agreed there would be some imperfect traffic issues remaining on Greenwood Road. Additionally, given the location within an established neighborhood, they wanted the applicant to go further in providing some comfort to the community in terms of the appearance of the structure and site. They believed more information was needed regarding the structure's appearance and how it will fit onto the site and possibly, the submission of a rendering. Commissioners also requested the applicant provide additional information on pedestrian connectivity. Rezoning #11-07 — 1932 Senseny Road Pharmacy October 23, 2007 Page 9 The Commission voted to table the rezoning application for 45 days to allow the applicant an opportunity to provide additional information concerning building design, site layout, and pedestrian connectivity. The majority vote was as follows: YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Ours, Wilmot, Light, Oates, Morris, Manuel, Watt, Unger NO: Thomas 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 December 13, 2007. In an effort to address some of the comments made during the Planning Commission meeting Proffer Number 12 has been added which attempts to provide a long term solution to address the concerns over access to and from the site. Ultimately, the ability has been provided through this proffer to close the proposed entrances in favor of improved access and circulation south of the entrance on Greenwood Road and in a location directly across from the signalized entrance to the Orrick Commons project. Both scenarios could only occur with the development of adjacent properties and the provision of inter parcel connectivity. Proffer Number 13 has been added which commits the Applicant to providing pedestrian signalization with the crossing of Senseny Road. Ultimately, this would be done with the approval of VDOT in accordance with their requirements. The Applicant has also provided a series of renderings of the building elevations for the Commission's review. Please recognize that these renderings are not proffered. Rather, they have been provided to represent the prototype that the Applicant believes will be constructed on this property. Staff had discussed the possibility of providing additional architectural detail along the road frontages of this property. At this time, the Applicant has not modified the details of the building further. Following the requirement for a public hearing, a recommendation by the Plannink Commission to the Board of Supervisors concerninz this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: John Lewis FROM: Michael T. Ruddy, AICP-% Deputy Director RE: Rezoning Notes — 1932 Senseny Road, Ervin Development DATE: April 12, 2007 The following points are offered regarding the 1932 Senseny Road, Ervin Development Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input I provided at our meeting of Monday March 19' 2007. 1932 Senseny Road, Ervin Development Rezoning; — Additional Rezoning Notes. General. Please ensure that all review agency comments are fully addressed in particular those offered by the HRAB. The comments offered by the Frederick County Attorney in review of this application are attached. T .anA T Tei - Recently, The Frederick County Board of Supervisors approved the land use proposal for the urban areas of the County. This alternative form of land use provides a desirable choice for properties located within areas identified as potential neighborhood villages and urban centers. This property is located in an area designated as a potential neighborhood village. Staff would encourage this applications consideration of the neighborhood village concept and the principles of new urbanism to the greatest extent practical. However, as we have discussed before, this is a not a requirement of the Comprehensive Plan, rather a choice that may be utilized by the applicant when considering the future development of a property. Regardless of the above comment, this property is located in a developing area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are considered. 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 1932 Senseny Road, Ervin Development Rezoning — Preliminary Rezoning Comments April 12, 2007 Page 2 Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance and the sensitive integration of the project into the surrounding community. Signage, landscaping, lighting, and building layout and form should be carefully planned to ensure that this achieved. Such design elements should seek to exceed those provided on other similar developments to ensure that this project fits in with the surroundings and context of this particular location. The above could be done in context with the historical character of the property. Impact Analysis. Transportation. Please make sure that the application provides a transportation impact analysis (TIA). The TIA should at a minimum provide an evaluation of the intersection of Senseny Road and Greenwood Road and should recognize the recently approved Orrick Commons rezoning, TIA, and proffered transportation improvements, in addition to the traffic generated by the proposed use of this property. Inter -parcel circulation and access should be a greater consideration. It is anticipated that redevelopment may occur on the properties to the east of this parcel. Therefore, inter - parcel connectivity should be accommodated to the adjacent property to the east. The desired typical section for the ultimate upgraded Senseny Road and Greenwood Road should be addressed and incorporated into this application. The Comprehensive Plan identifies Senseny Road as a major collector road with a four -lane divided urban typical section. Greenwood Road is identified as a minor collector road with an urban section. Due to the character of Senseny Road, a right -in -right -out restriction should be designed into the projects entrance on to Senseny Road. This, in conjunction with the raised median should address access management along Senseny Road. Please recognize that pedestrian accommodations should also be incorporated into the project. Particular consideration could be given to this at the signalized intersection of Senseny and Greenwood. Other projects in the general vicinity of this project have contributed additional funding for transportation improvements in the general area. This has been done in recognition of the need to address the broader transportation improvements in this developing area of the County. 1932 Senseny Road, Ervin Development Rezoning — Preliminary Rezoning Comments April 12, 2007 Page 3 Proffer Statement. The Generalized Development Plan accompanying the Proffer Statement is extremely specific. It may be prudent to be more general on the site development plan but maintain specificity on important elements such as the right -in -right -out entrance, pedestrian accommodations, and building location. It would be preferable to state which specific improvements will be completed by the applicant to satisfy the County and the State at the time of rezoning. This should be done in the language of the statement and should pay particular attention to the proffered transportation elements. The simplification would provide flexibility to implement other designs including future New Urbanist overlays. Other. The impact statement should address the anticipated impacts on solid waste through a landfill impact analysis and should further address the impacts to fire and rescue services. Provide a plat of rezoning that includes a metes and bounds description of the property for which the rezoning is being requested. Also, please provide a deed for the property. It should be confirmed that the deed and covenants for the property, in particular lot 1 of the Greenwood Heights subdivision, contains no restrictions on the use of the property. ffuu-491=9 M] `� 1241 ', GreenPark- Dr .g s t l� 55 A tsa 656 7CG M/INAGEMENL+_C F� c� 657 oc �E. ers' iv 1 55 A 201 ORRICK CEMETERY COMPANY, INC. I ;I 55 A 201A i ;ORRICK CEMETERY COMPANY, INC 71 657 a� U Hensen yRd�, 55 "�1196-- LOVE, SANDRA Iv Q 1279 � �', �, 656SG h CO t F f) O rr qt J l �65� A 33 V ' M YpNG,gO oQ �•y�Jas �� cQ r: 1277 a �1 , El 6511 1 30 ;q CESNIK„iEFFREYT ,x 656 a.n Man nnrntnan4 W-XDI—;� A -A n m . Q _n art ; r reaerlcK Lounty, VA Rezoning REZ # 11 - 07 Application 1932 5enseny Rd Pharmacy Parcel D: Location in the County 55 - A - 196; 65A - 2 - 1 Map Features 0 Hamlets *!. Future Rt37 Bypass REZ1107_1932SensenyRdPharmacy Lakes/Ponds Streams c+, Buildings Streets Primary 1s Secondary '�- Tertiary ^- Winchester Rds o• Urban Development Area SWSA Topography (5' interval) Location in Surrounding Area iF 0 25 50 lop � tet 1 ,4” Case Planner: Mike - �— --_ -•-•-r•••—• u• Na„� ,crwcuy�urnanuacy_tttL ITU/ UaZUUt.mxa) U/2812007 -- 4:13:58 PM — — — _ - �•• •,,. lialillo\ Y—fRC l lu/ vyzau/.mxa) ti/Zts/ZUU/ --4:13:58 PM 1279 i( Get 656 CD 127io- 7 o Q 0 656 41 zoning NEW Map Document: (NAPlanninn Anti no—Inn—M Q t ......4... r reuerlCK t-;ounty, V A Rezoning REZ # 11 - 07 Application 1932 Senseny Rd Pharmacy Parcel ID: 55 - A - 196; 65A - 2 - 1 Location in the Gountj Map Features O Hamlets Zoning 4%,, Future Rt37 Bypass n REZ1107_1932SensenyRdPharmacy c * 81 (Business, Neighborhood District) 0 Lakes/Ponds B2 (Business, General Distrist) e16 B3 (Business, Industrial Transition District) ^— Streams i EM (Extractive Manufacturing District) -> Buildings O HE (Higher Education District) Streets em M1 (Industrial, Light District) '•d Primary M2 (Industrial, General District) '�. Secondary er MHT (Mobile Home Community District) '�- Tertiary i MS (Medical Support District) '�- Winchester Rds R4 (Residential Planned Community District) ,f Urban Development Area eW R5 (Residential Recreational Community District) '7 RA (Rural Area District) RP (Residential Performance District) (s ,.A Topography (5' interval) O Greanv4►d J 1CK ., coG VIEW 25 50 w G a RECase Planner: Mike ----- _..r•.•••••,�•,•••,•,.•,�r�...r I t`u'UV40Uf-fiIXU) WZO1ZUUI --4:13:58 PM PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 December 14, 2007 tel.: (540)662-5792 fax.: (540)662-5793 email: office@painterlewis.com Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 RE: 1932 SENSENY ROAD REZONING APPLICATION Dear Mike: I have made some changes to the rezoning proffers in an attempt to address some of the concerns expressed by the Planning Commission and staff. Proffer No. 12 has been added to provide a long term solution to the concern that the pro- posed entrances to the site are too close to the intersection of Senseny Road and Green- wood Road. The intent of the proffer is to provide the county with a mechanism to close these entrances while preserving the right of the owner to have access to both of these roads. In the event that the adjacent properties are redeveloped, this proffer will allow site connections at locations further from the intersection. The TIA indicates that traffic movement conflicts at the Greenwood Road entrance will occur at peak times assuming traffic increases due to fu- ture development. I believe that the other proffered road improvements will result in more ef- ficient traffic movement through the intersection in the short term. I also believe that future residential and commercial development in the area will not only bring more traffic but it will bring additional road improvements including the Channing Drive connection to Sulphur Spring Road and even to Route 50. These improvements will result in a change in the trip distribution of the immediate area and could have a positive impact on the Senseny Road/Greenwood Road intersection. Proffer No. 13 binds the applicant to address the pedestrian crossing of Senseny Road at its intersection with Greenwood Road. Any pedestrian facilities will have to be installed only after approval by VDOT. I have provided architectural renderings of the building elevations. These renderings repre- sent the prototype building that would be constructed on the site. I have discussed with the developer the possibility of adding windows to the blank walls which make up the building bays facing Senseny I:oad and Greeff ivvvod mead. Ti e probieiiiS pose' by doing so are: 1) building security is compromised and 2) interior display areas are adversely impacted. False windows are not aesthetically pleasing. Therefore, it is undesirable to add these windows. Regarding the color of the masonry and EFTS, I believe that the colors can be altered if there is some theme that you are trying to maintain in the area. Page 1 PAINTER-LEWIS, P.L.C. Mr. Mike Ruddy December 14, 2007 1 am sending a copy of this letter to you via email and I am also sending a disk with image files which help to illustrate the above issues. Thanks for all your help. SjFtoi�rely;, JoM C. Lewis, P.E., C.L.A. Enclosure C: Dave Ervin Phil Lemieux Greg Kerr Danny Laycock Job No.: 0611002 Page 2 PAINTER-LEWIS, P.L.C. 1932 Senseny Road Proffer Statement Rezoning #: r I 1- 0-7 Property: 2.2 acres PARCEL ID's: 55-A-196 and 65A-2-1 Recorded Owner: Sandra Love, Power of Attorney Applicant: Mr. David Ervin Ervin Development Corporation 1830 Plaza Drive Winchester, Virginia 22601 Project Name: Ervin Development Corporation 1932 Senseny Road Original Date of Proffers: January 24, 2007 Revision Date(s): February 22, 2007 April 13, 2007 July 19, 2007 August 20, 2007 September 21, 2007 December 13, 2007 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0611002 PROFFER STATEMENT PARCEL ID 55-A-196 and 65A-2-1 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcels TM# 55-A-196 and TM# 65A-2-1 from RP to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Frontage Improvements on Route 656 and Route 657 The applicant will make the necessary dedication of right-of-way and the road frontage improvements, as required by Virginia Department of Transportation, to Route 656 and Route 657 in support of the proposed development. The dedication and improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during site plan review process. 2.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (GDP) dated 08/20/07 for the purpose of identifying the general configuration of the proposed commercial development and locations of site access. 3.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Greenwood Community Fire and Rescue Company the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of each building permit issued for each building proposed for the site, subsequent to the approval of this rezoning. 4.) Permitted 132 Use The applicant agrees that the ONLY permitted B2 use on the subject property will be a pharmacy with drive through window(s). 5.) Design Features The applicant agrees to construct a five (5) foot wide sidewalk running parallel with route 657 and route 656. The sidewalk will be owned and maintained by the property owner. The sidewalk will be completed prior to the occupancy of any structure on the property. 6.) Restricted access to Route 657 The applicant agrees to install a right in, right out only entrance on Route 657 eastbound, as required by Virginia Department of Transportation. A median will be installed to ensure proper use of the "right -in, right -out" only entrance as shown on the page 2 PROFFER STATEMENT PARCEL ID 55-A-196 and 65A-2-1 Generalized Development Plan and as required by Virginia Department of Transportation. The design of the entrance will be shown on the site plan. 7.) Monetary Contributions The applicant agrees to provide $25,000.00, for future transportation improvements within the route 657 and route 656 right-of-ways. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 8.) Historical Monument The applicant agrees to construct a monument on the site commemorating the Greenwood School. The monument will be constructed of materials from the original Greenwood School and generally conform to the sketch shown on Exhibit 8. The approximate location of the monument is shown on Exhibit 4. The maintenance and upkeep of the monument will be the responsibility of the property owner. 9.) Signage Freestanding commercial signage along Senseny Road and Greenwood Road shall be limited to a single monument sign. Maximum height for said sign shall be 20 feet. 10.) Building Design The proposed building shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade fronting Senseny Road and/or Greenwood Road shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for buildings. 11.) Inter -parcel Circulation and Access The applicant agrees to provide a 50 foot easement parallel to the southern property line of the site to allow for future redevelopment on the properties to the east of this parcel. 12.) Future Site Access Provision The applicant recognizes that the intersection of Greenwood Road and Senseny Road will operate more efficiently if the proposed site entrances are located further from the intersection and/or at a traffic signal. The applicant agrees to close the Senseny Road entrance that is shown on the Generalized Development Plan under the condition that a travel way is designed and constructed to Frederick County standards connecting the site to a full movement ingress and egress access point to Senseny Road. The applicant agrees to close the Greenwood Road entrance that is shown on the Generalized Development Plan under the condition that a travel way is designed and constructed to Frederick County standards connecting the site to a full movement ingress and egress access point to Greenwood Road. Rights to utilize the travel ways must be unencumbered and granted to the applicant and their assigns in perpetuity. page 3 PROFFER STATEMENT PARCEL ID 55-A-196 and 65A-2-1 The applicant will have no financial responsibility for the design and construction of the travel ways, or for the creation of documents granting rights to utilize the travel ways, or for the maintenance of the travel ways. The applicant agrees to bear the costs associated with all on-site construction required to connect to the travel ways (at the property lines) and to close the site entrances. The applicant reserves all reasonable rights to approve the location of the travel ways with respect to the site connection locations. At a minimum, the centerlines of the site connections shall align with the centerlines 'of the site drive aisles. 13.) Pedestrian Crossing of Senseny Road The applicant recognizes that the ultimate width Senseny Road at the intersection with Greenwood Road will be approximately 100 feet from the south side to the north side. The safe passage of pedestrians across Senseny Road is necessary and desirable. The applicant agrees to install pedestrian visual signals and controls to aid in the crossing of Senseny Road. These signals will be installed only in accordance with, and with the approval of, the Virginia Department of Transportation. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: 0/ k4c'e'_ AIL Sandra Love, Power of Attorney City/Gouflty of 'W i nches cy' , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of C 200 r, r�l. Yar Publi- My commission expires: ., page 4 Ro- 5 n- a w v¢ d F- O W}Ld a J MZ� Lu owl W Wa W Gl�� N N U J _Z Q� w W W o W a C9 a - V J N E ., t5 m m o N � � � N O 9 Lu �3.6c o . o 0 ' n N -C W E O o a 'Fn O L N o= E z 3 w a zN W �w z zz O W SURVEY: 0.I.: P—L NA DRAWN 0Y: JOB NO.: RED 0611002 SCALE: DATE: 1 "=40.0' 08/20/07 SHEET: 1/1 SANDRA LOVE PIN J 55-A-196 , a? PROPOSED ZONE: B2 PROPOSED USE: BUSINESS / II 1.76 AC. r r ij $ / SANDRA LOVE / r r PIN 65A 2-: liI jr 82PROPPROOSPEODSED E-ONE1 ; BUS / r ( 11l I 0.475 AC. INESS rr 1�,41 ;/r , �I 1 rl ' ' -_```_ ``Ess amu• ,7 =\” ; � q �40 0 4a Scale 1" = 40 ft 5 n- a w v¢ d F- O W}Ld a J MZ� Lu owl W Wa W Gl�� N N U J _Z Q� w W W o W a C9 a - V J N E ., t5 m m o N � � � N O 9 Lu �3.6c o . o 0 ' n N -C W E O o a 'Fn O L N o= E z 3 w a zN W �w z zz O W SURVEY: 0.I.: P—L NA DRAWN 0Y: JOB NO.: RED 0611002 SCALE: DATE: 1 "=40.0' 08/20/07 SHEET: 1/1 E7>< 1-i 13 I T- ,--3 %,� FRONT ELEVATION REAR ELEVATION i1 RIGHT SIDE ELEVATION LJ (g�Fcrf SIDE ELEVAVION STO PREMIERE STO PREMIERE CEMEX SYSTEM SYSTEM (METRONOT)NA5 NA06-0029 NA05-0001 TERRACOTTA PEACHY BEIGE RAFTERTAIL BENJAMIN MOORE COLOR CEMEX 2170-30 TO MATCH (METRONOT) #66 SEDONA CLAY RAFTERTAIL SOFT IVORY C16%/phwmacy ccarter-Burgess PAINTER-LEWIS. P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 December 6, 2007 tel.: (540)662-5792 fax.: (540)662-5793 email: office@painteriewis.com Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 RE: 1932 SENSENY ROAD REZONING APPLICATION Dear Mike: It is my understanding that one of the concerns expressed regarding the rezoning application is the location of the proposed entrances to the site. As you know, we have located the en- trances as far away from the intersection of Senseny Road and Greenwood Road as possible in order to facilitate turning movements. The Senseny Road entrance will function adequately as a "right-in/right-out" point of access. The traffic impact analysis has determined that the Greenwood Road entrance will likely be intermittently blocked by the northbound queue at the traffic signal during peak traffic times. The Senseny Road entrance will function properly, however, the functionality of the intersec- tion would improve if this entrance was eliminated and the site could access the new traffic signal at the Orrick Commons project. This signal is located about 300' east of the site. The attached exhibit is outdated, but it shows the location of the signal on Senseny Road. Ideally, commercial traffic would access Senseny Road at this signal. Likewise, if the Greenwood Road entrance could be relocated further south on Greenwood Road, the queuing problem could be resolved. Neither of these improvements will be possible until additional residential lots in the Green- wood Heights subdivision are converted to commercial uses. It is our intention to provide the county with the ability to eliminate the proposed entrances to the site if and when the oppor- tunity arises. Therefore, we are proposing to add another proffer to the rezoning application as follows: 12.) Future Site Access Provision The applicant recognizes that the intersection of Greenwood Road and Senseny Road will operate more efficiently if the proposed site entrances are located further from the intersec- tion and/or at a traffic signal. The applicant agrees to close the Senseny Road entrance that is shown on the Generalized Development Plan under the condition that a travel way is de- signed and constructed to Frederick County standards connecting the site to a full movement ingress and egress access point to Senseny Road. The applicant agrees to close the Green- wood Road entrance that is shown on the Generalized Development Plan under the condition that a travel way is designed and constructed to Frederick County standards connecting the Page 1 PAINTER-LEWIS, P.L.C. Mr. Mike Ruddy December 6, 2007 site to a full movement ingress and egress access point to Greenwood Road. Rights to utilize the travel ways must be unencumbered and granted to the applicant and their assigns in per- petuity. The applicant will have no financial responsibility for the design and construction of the travel ways, or for the creation of documents granting rights to utilize the travel ways, or for the maintenance of the travel ways. The applicant agrees to bear the costs associated with all on-site construction required to connect to the travel ways (at the property lines) and to close the site entrances. The applicant reserves all reasonable rights to approve the location of the travel ways with respect to the site connection locations. At a minimum, the centerlines of the site connections shall align with the centerlines of the site drive aisles. Attached to this letter you will find two exhibits: 1) the neighborhood overview, and 2) a Gen- eralized Development Plan with revisions corresponding to the above proffer. Please call me to discuss this addition to the Proffer Statement for the rezoning. S' erely, J n C. Lewis, P.E., C. L.A. Attachments C. Dave Ervin w/attachments Phil Lemieux w/attachments Greg Kerr w/attachments Danny Laycock w/attachments Job No.: 0611002 Page 2 PAINTER-LEWIS, P.L.C. OMOK ODMONS (Y Q LLJA >0. U CD X17` `- Y - : - _ � L' _- _ __ f � 1 - j1/ J ■ CL O i N uj FP �V Lr L w {/❑j N s L O C ~ Ll D II �� z J W U, z Z 0 O Z suRVEY: ca,: -- NA _ DRAWN 6Y: ,Jpg Np•; _ RED 0611002 75 SCALE: DATE_ 1'=75.0' 12/5/07 � — — - sHEE-r: 1 J 1 - pt 1 t }t ,t t4 tt oma . i JE-m- 4.1 E—m — -, tl t y F F Fii j ----------------------- SENSEN'r' ROAD -- SFATF ,/. .., ---------------------------- .s.�rs...h... ---- =— —------------ � yId' 5 VW. ti 1 A� ---- =— —------------ IMPACT ,ANAL PSIS STATEMENT A PROPOSED REZONING for Ervin Development Corporation — 1932 Senseny Road Redbud Magisterial District Frederick County, Virginia September 21, 2007 Prepared for: Mr. David Ervin Ervin Development Corporation Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.G. 116 South Stewart Street Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 0611002 IMPACT ANALYSIS , ATEMENT 1932 Senseny Road IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS +; ^, IMPACT ANALYSIS 5 - ATEMENT 1932 Senseny Road i. INTRODUCTION Ervin Development Corporation (the Applicant) proposes to rezone two parcels of land located in the southeast quadrant at the intersection of Senseny Road, VA Route 657, and Greenwood Road, VA Route 656, in Frederick County, VA. The parcels are both currently zoned RP (Residential Performance District) and are identified as TM#'s 55-A- 196 and 65A-2-1. It is the applicant's desire to have these parcels rezoned to B2 (Business General District). The total area requested is approximately 2.2 acres. The description of B2 zoning in the Frederick County Zoning Ordinance states that general business areas are located at major intersections, involve frequent and direct access by the general public, and should have direct access to major thoroughfares. Considering this and that all other parcels at this intersection are currently zoned B2 or contain commercial uses we believe that this site is suited for rezoning to the Business General District. A. SITE SUITABILITY The subject parcels are located at the corner of a major intersection within the Urban Development Area established by Frederick County as shown on Exhibit 2. Although the subject site lies within an area designated as residential, it is also located at a busy intersection where B2 uses would be beneficial and convenient for neighboring residents to access for their daily needs. The properties in the northwest and southwest quadrants of this intersection are currently zoned B2. The property in the northeast quadrant contains a convenience store and gas station. Adjacent to that property is the future "Orrick Commons" shopping center which is currently under construction. On the subject parcels, in the southeast quadrant, the applicant plans to construct a pharmacy with a drive through window. The location, zoning, uses, and owners of the adjacent parcels can be seen in Exhibit 1. There are existing covenants for the subject parcel identified as TM# 65A-2-1 located in the Greenwood Heights subdivision. When the consolidation of the two subject parcels occurs these covenants will be eliminated. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on this site. STEEP SLOPES According to the soil survey information there are no steep slopes located on this site. MATURE WOODLANDS There are no mature woodlands located on this site. 2 IMPACT ANALYSIS o i"ATEMENT 1932 Senseny Road SOILS According to the Soil Survey of Frederick County, the site contains the following soil type only: • Clearbrook channery silt loam: 913 (2-7%) This soil is moderately deep, gently sloping, and somewhat poorly drained. It is mostly found along heads of drainage ways and in broad upland depressions. B. SURROUNDING PROPERTIES The subject parcels are bordered to the east and south by parcels identified as TM#'s 65A-2-1-2, 65A-3-44, and 65A-3-39 and are all zoned RP. Across Greenwood Road, to the west is a parcel identified as TM#65A-7-7 and is zoned RP. North of that parcel is TM# 65A-7-8 zoned B2. Diagonally across the intersection is TM# 55-A-194 which is zoned B2. Across Senseny Road, to the north, are parcels identified as TM# 55-A-198 and 55-A-197 and are both zoned RA. Adjacent to these parcels is TM# 55-A-201 which is zoned B2. The location, zoning, uses, and owner of these parcels can be seen in Exhibit 1. C. TRAFFIC The property is located at the signalized intersection of Senseny Road and Greenwood Road. According to the Frederick County Eastern Road Plan (Exhibit 3) Senseny Road and Greenwood Road, from Senseny Road to the north, are ultimately planned as 4 lane major collectors. Greenwood Road, from Senseny Road to the south, is ultimately planned as a 2 lane minor collector. The proposed use for this property is commercial; the traffic impacts foreseen by the rezoning of this parcel are outlined below. According to figures from the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 656, Greenwood Road, in 2005 from the north to this intersection was 9,500 vehicles/day and from the south to this intersection was 4,400 vehicles/day. The Average Annual Daily Traffic on Route 657, Senseny Road, from the west to the Route 657, Greenwood Road, intersection in 2005 was 12,000 vehicles/day and from the east was 4,500 vehicles/day. These figures are factored to account for all motorized vehicles. he figures in e ITE Traffic impacts from the proposed heEditiononing willbe Theetypeated using of modeltused for thehtraffc Trip Generation Manual, Seventh analysis is Land Use: 881 Pharmacy with Drive -Through Window. This land use is anticipated for this property and can also be considered on the high end of trip generation for a commercial use. Land Use: 881 Pharmacy with Drive -Through Window Based on a projected gross total of approximately 13,000 square feet: • Weekday: 88.16 trips per 1,000 sf = 1,146 trips ■ Weekday A.M. Peak Hour: 7.87 trips per 1,000 sf = 102 trips 3 IMPACT ANALYSIS o FATEMENT 1932 Senseny Road ■ Weekday P.M. Peak Hour: 9.51 trips per 1,000 sf = 124 trips A Weekend Peak Hour: 7.85 trips per 1,000 sf = 102 trips A Traffic Impact Analysis was prepared for the proposed use as part of the rezoning application. The TIA was reviewed by VDOT. The TIA showed that projected background traffic generated by nearby planned projects significantly impacted the functionality of the Greenwood Road and Senseny Road intersection. The addition of traffic which would be generated as a result of the proposed rezoning will contribute to the degradation of the intersection by the addition of turning movements into and out from the site. The applicant can mitigate traffic impacts only to the extent that ownership of the right-of-way allows. In this case, the southern right-of-way line along the parcel adjacent to Senseny Road and the eastern right-of-way along the parcel adjacent to Greenwood Road can be expanded through fee simple dedication. Within this dedication area, turn lanes can be constructed to facilitate traffic movements not only associated with the site, but also general traffic movements through the intersection. As shown on the Generalized Development Plan, the applicant will construct a right turn lane within a 10' right-of-way dedication along Senseny Road. Any access to the site along Senseny Road will be restricted to "right in, right out" only. In order to ensure this type of restricted entrance, a raised median will be constructed in Senseny Road. The applicant will construct a through lane and a right turn lane within a 20' right-of-way dedication along Greenwood Road. The existing through lane in Greenwood Road will be converted to a left turn lane. Please refer to the attached Proffer Statement. D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county sewer system. The location of the existing 8" sewer line is shown on the Water and Sewer Facilities Maps 55-7 and 65-1, Exhibit 5. E. WATER SUPPLY The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county water system. The location of the existing 8" water line is shown on the Water and Sewer Facilities Maps 55-7 and 65-1, Exhibit 5. F. DRAINAGE According to the USGS topographic map and the Frederick County Soil Survey it appears that this site has gentle slopes ranging from 2 percent to 7 percent. It appears that the water sheet flows across the site from west to east and then down Senseny Road. With the development of this site a storm water management system would be implemented to control any added flow created by the increased impervious areas. 4 IMPACT ANALYSIS,.:, iATEMENT 1932 Senseny Road G. SOLID WASTE DISPOSAL FACILITIES The commercial development will be responsible for the cost of solid waste collection and disposal. Dumpsters will be provided on site as required and will be collected by a private hauler. A typical drugstore accumulates approximately 1.25 cubic yards of waste per 2,500 square feet. Therefore, the proposed pharmacy will accumulate about 6.5 cubic yards per day. With a trash compactor proposed on-site the volume of waste will be reduced by a ratio of 3:1 to approximately 2.2 cubic yards per day. H. HISTORIC SITES AND STRUCTURES This site does contain one known "potentially significant" historic structure as listed in The Rural Landmarks Survey Report of Frederick County. This structure is listed as 421 -Greenwood School. During the Civil War many schools in the area closed because most of the male students went to war and a lot of the schoolhouses were destroyed. Following the Civil War many new schools were established. This period marked the beginning of public education in Frederick County. The majority of the schoolhouses built during this period were one -room buildings constructed of brick, and later rusticated concrete block. Thirty schools from this time period were surveyed, including the Greenwood School. Most of these structures are now abandoned or have been converted to residences, churches, or commercial uses. The Greenwood School is currently used as a private residence. It is the applicant's intent that materials from the school building will be used to construct a monument on site commemorating the historical building with a plaque describing the history of the structure. The monument will generally conform to the sketch shown on Exhibit 8. Please see the Generalized Development Plan (Exhibit 4) for the monument location. There are several other "potentially significant sites" that lie within a mile of the site. These include 417 -Carper House, 420 -Carmen House, 1136-Keyser-Edmonson House, 1148-Brookland, and 1151 -Ford -Braithwaite. The Rural Landmarks Survey Report lists several other structures within approximately one mile of the site as shown on Exhibit 6. A copy of the Civil War Battlefields and Sites map has been attached as Exhibit 7. The subject parcels do not lie on any Civil War Battlefield sites. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The new Development impact Modei (D.i.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. W IMPACT ANALYSIS . ATEMENT 1932 Senseny Road EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Volunteer Fire Company located on Greenwood Road. No additional fire and rescue facilities will be required for the area proposed to be rezoned. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. OTHER IMPACTS Any impact to the adjacent RP lots will be greatly reduced due to the required 25 foot buffer areas that will include all required plantings and an opaque screen fence. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. 6 IMPACT ANALYSIS — (ATEMENT 1932 Senseny Road IMPACT ANALYSIS STATEMENT APPENDIX IMPACT ANALYST` STATEMENT 1932 Senseny Road EXHIBIT 1 -ADJACENT PROPERTIES MAP e � r 1 TGC Management, LLC TM# 55 A 194 Stafford, Timothy y Use: Commercial Zoned: er cial Kerns, Kathy S. TM# 65A 7 8 I TM# 65A 7 7 Zoned: B2 Zoned: RP Use: Residential 4 Use: Residential Greenwood Road Rt. 656 `` \\ \ ' \ \ \ \� vJ Greenwood Sen, LLC m No TM# 55 A 198 I o m \\ * \ \\ Zoned: RA \ ' ID °; rt �\ \ \ `\ �� Use: Commercial n C - ;o c, o o `, \ Stafford, Timothy TM# 55 A 197 Zoned: RA Use: Residential h CUM, David\ \ \ Future 'Orrick;. Commons' # ss JR' & Paige �^ \ \ Commercial Site ,70 Use' Re$.ae �iai Mas' e n, eth rM#n85,q2 Shirley Orrick Cemetery Company, Inc. Zoned: B2 Use aReside.,tic, A Use: C mmei cI/Residential d � / 100 0 106 300 Scale 1" = 100 ft 1 ` CONSULTING PAINTER -LEIS, P.L.C.PROJECT: ADJACENT PROPERTIES 116 South Stewart Street Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 Email: off ice@painterlewis.com ERVIN DEVELOPMENT CORP. 1932 SENSENY ROAD CVS PHARMACY IMPACT ANALYST` STATEMENT 1932 Senseny Road EXHIBIT 2 - EASTERN FREDERICK LAND USE MAP stonyd Cis 4 AA _PI A IV' Primary Roads Secondary Roads Terciary Roads Proposed Rt 37 By -Pass City/Town Boundary County Boundary UDA SWSA Rural Community Center VA Residential so Business West P 17 4 r1,50 Industrial Institutional Recreation Historic \ DSA Mixed -Use Planned Unit Development Eastern Frederick 0 U HI &,Y Long Ranne Land Use Plan j Note: Created by Fredenck County Planning Department rT January 2004 2 3 i IMwos IMPACT ANALYST— STATEMENT 1932 Senseny Road EXHIBIT 3 - EASTERN ROAD PLAN 10 L 0 Proposed Interchanges Cross Sections R4D�. ,%PU2:� U4D �-'sU6 D a� IL Depicted sections do not eliminate the need for turning lanes or bicycle and pedestrian facilities. N Last Revision 1110212006 W E s 0 0.5 1 2 1 Miles Generalized Cross Section Designations EASTERN ROAD PLT Frederick County, Virginia Department of Planninq & Development IMPACT ANALYSIS , FATEMENT 1932 Senseny Road EXHIBIT 4 - GENERALIZED DEVELOPMENT PLAN Sq� _Roj a II SANDRA LOVE {` PIN 55-A-196 r r PROPOSED ZONE: 132 PROPOSED USE: BUSINESS 1.76 AC. r / SANDRA LOVE i PIN 65A-2-1 r i PROPOSED ZONE: 62 I / PROPOSED USE: BUSINESS 1 0.475 AC. Illi' a � r III \ SO 40 0 - _ 40 Scale 1 " = 40 ft z � a rr z � o vQ M ZWU o W w> -Q > MWEr �ZM 0 �wCL V Ld N GNto U J ZC)) LLJ w z >� w O W d J a ON U) W W z ;;i a. 0 4- U 5= :27 N O � � U Ln Ln � Un I 1 � N N i Co ^(DC 0 --- '- -A- Q- `o a� (D U o Q- - ~ E W I C� z Ld D zCD II 0w SURVEY: C.I.: P -L NA DRAWN BY: JOB NO.: RED 0611002 SCALE: DATE: 1 "=40.0' 08/20/07 SHEET: 1/1 IMPACT ANALYST, STATEMENT 1932 Senseny Road EXHIBIT 5 - WATER AND SEWER FACILITIES MAP 55-7 AND 65-1 12 - IEwR 1 \ eo of Ir °{1i+71 i1 / / e � Y l 712 RVERITRW EEE a M - �EWAG NE ENRG =TA o R NEEEA6E RaE WATER AND SEWER 4 MH - NM HaE .9D a" _ 11.1 FACILITIES MAP O CO - CIE.WWT (IPE I NCIE 9 O P 'U sTAnaN L.T os - PV DING sTATwx RED - NCVUG[ft 2 t [NAvnr scrhR .�. - WAN TI- (—GE (—GEF-) m NR RELEASE vatvE -WATER 'A' POST OEEICE BOX 1677 WAIEft PETER WINCHESTER, VIRGINIA 12604 N * r , N SEMEN VALVE ws we - .11 K I. 'CJ nuaLING sT.TmR 9 8 9 REVISED - NOVEMBER, 2OD5 1 2 66 {fes J GRAPHIC SCALE MAP REVISED BY: --- GRID LOCATION MAP _ _ I IRI f Yei6 t IegC�lanJ`�T�. RE[ �A_ �55-i r / Sense.i '- lY Rd o f f I' a J+ V Qu M =SEWAGE HERRING STATRYN B pR -PIR RCLEASE vaLY{ WATER AND O NHOLE •BO BO - BLOW DEF 2 ] ' U 9] 8 9 __SEWER 111 ! 1 Q V- `LISATION OO PS-"UYP NWOUT TIN LM TAEl10 FAC-ILO"tf—Z3 MAr UMP o RED - RE.=G 5 N i Fu PFORCE MAue 2 SE _ WATER TANK (STORAGE FAC4.ITr) ORAMTr SEWER HT - WATER VALVE WV - WXTE. MAN POST OFFICE BOK 1817 /� /'� J /V� 'V^ Apt RELEASE VALK wu - waIIa "EATER WINCHESTER. MRGINIA 22604 SEKER YAirc WS WATERS MPLG - CR SAMPLING STATION `B 9 REVSED -MARCH, 1004 778 GRAPHIC SCALE 7 8 e >m MAP REVISED BY. -�--� X65- f d rar )' �'F.aw,...•ee..�«r +...-�.o.� GRID LOCATION MAP 65-1 IMPACT ANALYSI, -)TATEMENT 1932 Senseny Road EXHIBIT 6 - HISTORIC STRUCTURES MAP 13 SUiY F:Vohn m• 0417** .13 SF )422 x 0 CL .E 3H__ KKK' 423 ! i i j 1 MILE RADIUS FROM CENTER OF SITE HISTORICAL PROPERTY KEY 317 - ABANDONED HOUSE, RT 659 411 - HOUSE, RT 656 412 - GREENWOOD UNITED METHODIS- 413 - HOUSE, RT 656 414 - TAYLOR, SYLVIE HOUSE 415 - BAKER HOUSE 416 - GAYLORD DAWSON HOUSE 417 - CARPER, JOHN HOUSE** 418 - HOUSE, RT 657 AT RD 1213 419 - AMBROSE HOUSE 420 - CARMEN HOUSE** 421 — GREENWOOD SCHOOL** 422 — HOUSE, RT 657 423 — BRAITHWAITE HOUSE 1136 — KEYSER—EDMONSON HOUSE** 1148 — BROOKLAND** 1151 — FORD— BRAI TH WAITE** 1152 — OUTBUILDINGS, RT. 657 n on <> UQ m o ` Z 0- �z�� OWLu QY W�UU ON OW F- 0 Z a) U) LTJ =LL- w NOTE: ** INDICATES A POTENTIALLY 0 W Elf SIGNIFICANT SITE AS DENOTED BY THE RURAL LANDMARKS ■ SURVEY REPORT OF FREDERICK COUNTY ■ J °��(0o�n0 Cn Cf) NLo N L i Co CD a) N a 0 cLD o ., W (E d n J �jvu7© L a) o U) o 'E 0 Wco a) LL - U a z Ji W e t. a■ - Z Of W �W U) CD fill OZ SURVEY: C,I,: NA NONE DRAWN BY: JOB NO:: 1200 0 1200 RED 0611002 EXERE SCALE: DATE: 1"=1200' 11/28/06 Scale 1" = 1200 ft SHEET: IZ- v IMPACT ANALYSIS -jTATEMENT 1932 Senseny Road EXHIBIT 7 - CIVIL WAR BATTLEFIELD MAP 14 it CIVIL WAR SITES - Civil War Batt2flhells and .bites Frederick County Planning a Deo-eWpnent Nncho-star, Vlrgirio —V� (As Defined by the NPS ShenaValley Civil War Sites Study) 12-10-97 IMPACT ANALYSI. STATEMENT 1932 Senseny Road EXHIBIT 8 - HISTORIC MONUMENT SKETCH 15 IMPACT ANALYSIS STATEMENT 1932 Senseny Road EXHIBIT 9 - PROPERTY DEEDS 16 ANS S 6755 t10' E -4 ^ W LOT 1 q 9,9a5 sa FT. O.7oKR r: .}•. I�i°`� PRQRRIY UNE° 00, PDVW 1' C•s mp 66 38' E PARCEL 1 76,730 50 FT. 1.76 ACRES ASAI TED D/R a" UMESd SW AREA tlyj 71oa, SAN LEM N CLT'a mit IT Cr PAT91E7ff SENSENY ROAD - ROUTE 657 VANA&E RIW HOUSE IOCA 77aV SURWY $ 8;(923PGQ7P� THE PROPBUY CF CORA C. SMITH AEW BOW 190 PACE 441 (PARCE 1) ASID BOCK 261 PAGE 398 (LOT 1) ,wAMNSE D/s7R1CT naoMar COUNTY, l4RGdV7'A THIS PLAT HAS BEEN PREPAREb 111THOUT THE BENEFIT OF A ME REPORT �.4•:j-/l. L AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERM R OINVM- SM17N c1fER� -- N 6832 [1,-- 3_ ANS S 6755 t10' E -4 ^ W LOT 1 q 9,9a5 sa FT. O.7oKR r: .}•. I�i°`� PRQRRIY UNE° 00, PDVW 1' C•s mp 66 38' E PARCEL 1 76,730 50 FT. 1.76 ACRES ASAI TED D/R a" UMESd SW AREA tlyj 71oa, SAN LEM N CLT'a mit IT Cr PAT91E7ff SENSENY ROAD - ROUTE 657 VANA&E RIW HOUSE IOCA 77aV SURWY AV THE PROPBUY CF CORA C. SMITH AEW BOW 190 PACE 441 (PARCE 1) ASID BOCK 261 PAGE 398 (LOT 1) ,wAMNSE D/s7R1CT naoMar COUNTY, l4RGdV7'A THIS PLAT HAS BEEN PREPAREb 111THOUT THE BENEFIT OF A ME REPORT �.4•:j-/l. L AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERM R OINVM- SM17N _ FLo17D NME - zoNF• C COMMUNITY NP. 510063 PANEL.' 0115 8.:1 -D47E -v sw ENGINEERS Iry U PLANNERS & j%S-c;O=ES SURVEYORS 3078 SHMNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)867-1103 Slit^ lei' 27.2 I SIA4Y BLOOC A FRAME /dE9CF31� � �raII l7,osFm1 la1' y 22.1' COMUZITT [ANEUPY HOUSE DETAIL SCALE I' — 80' 7d Z 4m O °tales ?� 15:12'10' E 61.85' jf)�N 607172' E 2357' S 737921 E 50.81' i THIS is 77 C1rRAFY 7HAT av .,VLY J, 1998 1 MADE AN ACL7RAlE 5iRFEY CF 176E PRQUSES ,wow Haim, AND rHAr D1ETR£ ARE NO EASE- MEN75 U4 ENUROACHIZOVS NSI&E CN 77E 77tIXM 090? PIAN 7MOS£ 010MN MWM IV07EM 1 [ Z 1) TAX AssESwmr ANAP NO. 65A-2 7 (POT 1) 2. CUIRRENr NsIRUN.-]Jr N a'IA/N cr 7711E /s NR1 BOGY 68 PAGE 460 _X RS - REBAR 70 BE SET RF - REBA17 TUUNa IPF - RCW PIPE FWND 1r 1998 Sri4LE I.— SD' EDWARD W. DOVE (SRT. N0. 54-17-3(A) 964 _ strR SLP L S REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be completed by Planning Staff. - Fee Amount Paid $, . d Zing Amendment Number Date Received Hearing Date 6 $OS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: � /ljhn �E' X1115 l G� Er�rirl ['k Ve't0P0W'-111 Name: 1 Ci nk'r - Ltw is %�. _ Telephone: s�o (tet S� C/3 Address:116 S--tcwart- �St- vyil coestolam, ' as ) 2. Property Owner (if different than above) Name: eo �-Cj \- C {iCC-ll'r !'- Address: % 9 3 a SCI-1,5e-n 3. Contact person if other than above Telephone: -1k Name: 6C1Y-eil'CL /---D On- Telephone: 5%3 Poles of 14Horne-`J 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments ✓ Plat ✓ Fees ✓ Deed to property ✓ Impact Analysis Statement ✓ Verification of taxes paid ✓ Proffer Statement 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: VIn pc , are. 6. A) Current Use of the Property.. B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE ZONING ss-AIq -I-ao► CirJmer�iQi/Ycsl�lcn�7�I gz siden tinl KA sG-A-i98 Commerc " RA- Cem fn C 0-101 B a. 6 A --j - g 1'e5jadeh1a 1 _ B; IDSA -7'7 f eEid(--ntlul �P bSA - 3 - �{4 resp e� a- R!� G�}+ - a-1- ;I- 8. }mss rc1e� to j t' 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): 1q,3Z P oC-0 �6 11✓�I��ee�Q� O� S-e-Oj -,- roc' KOC cl cU-Ic/ C-77��e�n �,� ©Q�a Road (Sooth�.5f gbctdraPf) 12 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 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. n d- Applicant(s): Date: Date: Owner(s) :u �� 'L� u�d U �— Date: Date: 13 Special Limited Power of Attorney County of Frederick, Virginia Planning office, County -of_Frederick, _V_irginia,.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) (Phone) 5I0-96`7__3 6C (Address) (�1C� �� l�tJ '].(� Mas I � a b (01 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded m the Clerk s Office of the Circuit Court of the County of Frederick, Virginia, by bolf 7A ecatt V60 +MtffnTrMrr_tt0. i� on Page V6 , and is described as Parcel: Lot:/910 Block: fi Section: SJ Subdivision: do hereby make, constitute and appoint: (Name) I Cl i (n fe r Le w f S, F Lc (Phone)(' 140) � (6 a - 5'7 1--q (Address) 116 G, StewCLrt A- ; WO -1 6 "KS tc r. lf,A )2 (no 1 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: 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 otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 2(c, day of 1✓ 200x, Signature(s) State of Virginia, City/Ge4pt-y- of 1h ) 11VI L I Q-ki , To -wit: W tL Fr L � I, 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 Z� day of S!-�& , 200—q. My Commission Expires: —� ePul4i Adjoining Property Owners - 1932 Senseny Road Rezoning Name and Property Identification Number Address Name: Orrick Cemetery Company, Inc. 501 S. Braddock Street c/o R.W. Burks Admin. Winchester, VA 22601 Pro e # 55-A-201 Name: Stafford, Timothy V. & Mary McHale 8705 C Street Property # 55-A-197 Chesapeake Beach, VA 20732 Name: Green Sen, LLC c/o Greenwood Grocery 1893 Senseny Road Property # 55-A-198 Winchester, VA 22602 Name: TCG Management, LLC 847 Lake St. Clair Property # 55-A-194 Winchester, VA 22603 Name: Stafford Timothy V. & Mary McHale 8705 C Street Property # 65A-7-8 Chesapeake Beach, VA 20732 Name:Kerns, Kathy S. 918 Greenwood Road Property # 65A-7-7 Winchester, VA 22602 Name: Shields, Robert J. & Carolyn L. 927 Greenwood Road Property # 65A-3-39 Winchester, VA 22602 Name: Gum, David C. Jr. & Paige E. 3026 Woodside Road Property # 65A-3-44 Clearbrook, VA 22624 Name: Mason, Kenneth L. & Shirley A. 1930 Senseny Road Property # 65A-2-1-2 Winchester, VA 22602 14 �K. CO CONDITIONAL USE PERMIT #08-07 w WAYNE AND MELLISA FAUVER w Staff Report for the Planning Commission „3a Prepared: December 12, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/02/08 Pending Board of Supervisors: 01/16/08 Pending LOCATION: This property is located at 441 Marple (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42 -A -54-D PROPERTY ZONING & PRESENT' USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: This application is for a proposed public garage with body repair (auto restoration). CUP #08-07, Wayne & Mellisa Fauver December 12, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 654, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial must be constructed to VDOT standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee ($40.00) & surety coverage ($2,500.00). The entrance will have to be constructed according to State standards for Standard Private Subdivision Road/Street Entrance. This includes in part: a minimum 24 feet wide and paved 25 feet into the entrance or right-of-way, whichever is longer. A minimum sight distance of 390' must be obtained and then maintained. Positive drainage must be maintained during and after construction. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Existing building shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and Sections 311, S (Storage) of the International Building Code/2003. Other Code that applies is ICC/ANSI A117.1-03 and Usable Buildings and Facilities. A change of use permit shall be required and a new certificate of use and occupancy shall be issued prior to operation. Please submit a floor plan of the building at the time of permit application and indicate all egress door locations. Employees shall have minimum plumbing fixtures provided within travel distance requirements (500') of the International Plumbing Code. Frederick -Winchester Health Department: The Health Department has no objection to the request as stated so long as total number of occupants in the home does not exceed six. If the number does not exceed six total occupants, one employee can be added for each occupant slot. For example, if four people currently occupy the property as occupants/dwellers, the two employees are allowable if the bathroom facilities are located in the detached garage. The occupant/dweller and employee total should never exceed six at any time. All are considered 24 hour occupants even if habitation/occupation is part time. Planning and Zoning: Public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing garage approximately 3,500 square feet in size. This property and the surrounding properties are heavily wooded for natural screening of this proposed use, and are currently zoned RA. The nearest II •'-' d 11 tha one -hundred (100) feet from this property and no more than U 11%A iigS or uwi wings are iiivre Luuu vn five (5) vehicles waiting for repair are allowed at one time. Section 165-47 of the Frederick County Zoning Ordinance allows up to five (5) inoperable vehicles on property that is zoned RA (Rural Areas), if the vehicles and exterior storage of parts and equipment are properly screened. CUP #08-07, Wayne & Mellisa Fauver December 12, 2007 Page 3 No more than two (2) employees allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. STAFF CONCLUSIONS FOR THE 01/02/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than two (2) employees allowed with this Conditional Use Permit. 3. The applicant will be limited to repairing only five (5) vehicles at a time. 4. No more than five (5) inoperable vehicles on the property at any given time. 5. All repair activities shall occur entirely within the 3,500 square foot enclosed structure. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. Any business uses outside the repair realm of the Conditional Use Permit is not permitted. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements, and shall not exceed four (4) square feet in size. 9. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriatefor the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. LT Man Documant- (NIAPIn—i n nnA no eh ,..k Frederick County, VA Conditional Use Permit CUP # 08 - 07 Application Wayne & Mellisa Fauver Parcel ID: 42 -A -54D Location in the County Map Features O Hamlets Future Rt37 Bypass CUP0807_Wayne_Melissa _Fauver Lakes/Ponds -- Streams O Property Lines �t Urban Development Area SWSA F1 'Alba Location in Surrounding Area 6 5001.0 0 �eet Q Case Planner: Mark 15 /e - ----� .. _. - - -��•-�.�p..,�..c.y��c-ivrcuwa-r OUvCt_Vu"Ou/-IGU4Uf-MxC) lZ/3/ZUU7 -- 1:46:44 PM J n OF z 8 D—a KATYDiDIDR '� m gYyFkF/Ty z nV'c A C v sygHyo�szq �/ A // kOFNT03C 4T = 42 A 62 '4IF`�CNFF OTT SyF�NA�RoeFRT R✓R8DTs LC 654 47 Mqk S /sJq 41 �Nq'PT �1 PyE S9A y'44T RNFRBFRT 47 C$PNy� 47 A MFssc Esse GSM 49ess/ 76sC \ KSTFV C/rSTFV FNR. FN �OONN'4 S SHf..6 38 WIGHT E $'URA I, Man Dncument- /NAPhnninn nn �10 .r 10 1 Frederick County, STA Conditional Use Pennit CUP #08-07 Application Wayne &r Mellisa Fauver Parcel ID: 42 -A -54D Location in the County Map Features O Hamlets 4%. Future Rt37 Bypass '" CUP0807_Wayne_Melissa_Fauver 0 Lakes/Ponds ^— Streams O Property Lines ,f Urban Development Area SWSA ��WUNNATNyAIV I 42 41 P H[ppFryv Py 4z�h� t , 11 ¢ RF/TZF<FA RgNk</N tACFy 474 A/,/gNpA I Q� AM t 3 w 3& SN Y4 o N a Q c. 0 4areiah Rua+. e a 4Z NF(TZ4 AMFSj c "' YN s✓ c v ¢ = ON9`�N � m � \ Pae (Fl T'F�B j c OoPOTN ✓ GOT< 0 3 ¢ ewe �v 4 FPS , P � 4? 1p1 R4 �STgO/F e o� BRgy ✓ 0 4z S = 17 RO't'q<OT � d s �✓ e o 4jgpRFFN 41 A 112C MILLER HARRY A. JR. ® Q oa SyF< � T72 /'fg� OT q OF z 8 D—a KATYDiDIDR '� m gYyFkF/Ty z nV'c A C v sygHyo�szq �/ A // kOFNT03C 4T = 42 A 62 '4IF`�CNFF OTT SyF�NA�RoeFRT R✓R8DTs LC 654 47 Mqk S /sJq 41 �Nq'PT �1 PyE S9A y'44T RNFRBFRT 47 C$PNy� 47 A MFssc Esse GSM 49ess/ 76sC \ KSTFV C/rSTFV FNR. FN �OONN'4 S SHf..6 38 WIGHT E $'URA I, Man Dncument- /NAPhnninn nn �10 .r 10 1 Frederick County, STA Conditional Use Pennit CUP #08-07 Application Wayne &r Mellisa Fauver Parcel ID: 42 -A -54D Location in the County Map Features O Hamlets 4%. Future Rt37 Bypass '" CUP0807_Wayne_Melissa_Fauver 0 Lakes/Ponds ^— Streams O Property Lines ,f Urban Development Area SWSA 0 500 y 1 OFoeet 41GK ,CSG rr—:A, Case Planner: Mark ,�"a�d r.��ync—ancuwa_rauvCl_�urVaV/—ILU4U/.ITIXq)12/3/"LOU--1:46:44 PM I t , 11 I AM t 3 0 500 y 1 OFoeet 41GK ,CSG rr—:A, Case Planner: Mark ,�"a�d r.��ync—ancuwa_rauvCl_�urVaV/—ILU4U/.ITIXq)12/3/"LOU--1:46:44 PM Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA i 1. Applicant (The applicant if the owner other) NAME: ADDRESS: q,41 Ao rpi, RJ, Winches-ifrf 'VA • 30663 TELEPHONE q 0 - 550 -C.4 - Ll 9 (Cel) 4L4 D (ka "`e) 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) ++.11 /.Z r til I E o F1 t' 4 Ci 4 q 4. The property has a road frontage of feet and a depth of feet and consists of acres. (Please be exact) 5. The property is owned by ! - . "e �� ! SG, 0- %ger as evidenced by deed from ►Tr — - yoi h I'recorded €nslwc:lix-4 (previous owne ) in de-e�ek no. on page as recorded in the records of the Clerk oie Circuit Court, County of 1 Frederick. �s#q-OOT3.51 i ( K 8- (S4 5 _ �I 6. Tax(Parcel)Identification (I.D.)No. q,� "",!'a-"5q'D) Magisterial District Current Zoning 7. Adjoining Property: USE ZONING North , . Cid ;4 East fes CdLq: 5 424 South IC)r 12A West a� 8. The type of use proposed is (consult with the Planning Dept. before completing) Car Sbw 9. It is proposed that the following buildings will be constructed: A 11A 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME �� I nk ° ADDRESS PROPERTY ID# I -0 (Jl� ,I�i , t� �Iy tAV ADDRESS eft NAME wiun e- �� PROPERTY ID# q0 -,#q -6qC 6J NAMEEMAIT ry A 16 C r ej ADDRESS PROPERTY ID# /-/;-p"r�� l' -4 NAME { cQ�, J AA t-�ADDRESS PROPERTY ID# Z/ / /� !` 5 NAME W 1'� lib ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# Ll u/- A +rOl ASL l��hAQO �N 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 1�`� lD 5 PIN 42-A-117 M HARRY L BRAITHWAITE Ili PIN 41-A-111 L2 PG do LARA D. BRAITHWAITE HARRY L T RAITHWAITE Ill $3� DB 785 PG 674 W8 104 PG 1584 08 ZONED: RA - USE n RESIDENTIAL ZONED: RA - USE: RESIDENTIAL" iilc � N 9825'11- E 891.12' 1 a 7711 (---I CMI oI �►� APc°ROX LOCATION ;o EXISTING DRAINFIELD �� Pr 4 IRF Fft n PIN 41-A-118 EAS11NG 50' o c�► N 26.240 ACRES , D1�1 G' IRF . ("So AREA) � { 27.240 ACRES EX %01/ 50, v (ORIGM AREA) u vi ZONED: RA IRS 9 .. t w USF RESIDENTIALPR e PIN 42 -A -501C dAYNE KEITH FAUVER k MEWSA GAY FAUVER L.R. X040002085 ZONED: RA - USE RESIDENTIAL PIN 42-A -54D 6.000 ACRES (AMUSTED AREA) 5 000 ACRES (ORIGINAL AREA) ZONED: RA USE: RESIDENTIAL 9 43'40" E Rf 397.98' z Q o 60' BRL o PERTY LINEw z Z , Y VACATED A � a CIE ' t OL DMI LING 1.000 ACES r- PORTION OF � OGARAGE PIN 41-A-118 N TO BE JOINED WTH APS B£CCUE A PART OF PIN 42 -A -54D 50' BRL S 29V3'1O' 17 910.05' (11)ASMRISK DENOTES NEW PROPERTY UNE HEREBY CREA TED. ZONED LEGEND IRF -- IRON ROD IRS - IRON ROD BRL - BUILDING FOUND SET RESMIC170N LINE FLOOD NOTE. -- ZONE- C COMMUNITY NO.: 510063 PANEL: 0105 8 DA 7E• 07-17-78 PIN 42-A-62 FRUIT HILL ORMARDS DB 556 PG 392 RA N USE: AGRICULTURAL' _50 BRL 39_8._27 _ -- *L6 IRF S 3129'53" mW IRF PIFs 42-A-55 & 56 �s FRANK H. COOPER DB 205 PG 140 ZONFD: RA N USE: RESIDENTIAL LINE TABLE LINE BEARING DIST. L 1 _I N 60 46'38" W 195 44' L2 N 2825'40" E 16.00' L3 S 6004553'° L`5 60' L4 N 2843'40" E 130. 00' L5 S 60-45'5J- E 111.75' *L6 S 31:2926" W 130.10' L7 S 60'455J" E 274.17' *L8 N 60'455J" W 335:08' *L9 N 3129'26" E 130.90` L 10 S 60 45'5,x'" 7-1202. 59' � RAD. 6� S�AL� 1A/O TES` �. �_z,,�a._. ° i5o 3a 600 1. NO 77 7L REPORT FvmlSHED. - 2. PROPERTY IDLN77RCA77ON NO. 41-A-118 & 42-A-540 i inch = 300 ft. 3 EASEMENTS OTHER THAN SHOWN MA Y EXIST. 4 THE DOUNDARY INFORMA77ON SHOWN ON THIS PLAT IS BASE ON AN ACTUAL FIELD RUN SURREY MADE ON APRIL 21, 2004. BOUNDARY LINE ADJUSWENT BETWEEN 7HE LANDS OF HA *1?R. r L, BRA ITH WAW& A/ AND A YNE KEY TH f ,',, ? & AJ, SE GA Y FAUWDR T_ H OF_ W A Yrs` �q asA .... ge 14 - No us rt4L N I o 14 - No us rt4L N I 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicanty Signature of Owner CCS � j.c-� Owners' Mailing Address Owners' Telephone No. J t TO -BE COMPLETED BY ZONInG ADMINISTRATOR: USE CODE: RENEWAL DATE: