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PC 01-16-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia January 16, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adoptthe Agenda for the meeting............................................................................ (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Ordinance Amendment — Chapter 165 Zoning, Article IV Supplementary Use Regulations, §165-30 Signs. This ordinance amendment proposes changes to the Frederick County Zoning Ordinance in regards to signage. Specifically this ordinance amendment proposes changes to the types of signage allowed, the allowable sign height and sign size. This ordinance amendment also proposes changes to §165-156 (Definitions). With this ordinance amendment, each individual zoning district in the Zoning Ordinance will be updated to reflect the changes to the sign ordinance. Mrs. Perkins..................................................................................................................... (A) 5) Rezoning #08-07 of Artillery Business Center, submitted by Patton Harris Rust & Associates, to rezone 58.7 acres from RA (Rural Areas) District to Ml (Light Industrial) District, with proffers, for Office and Warehouse Uses. The property is located east and adjacent to Shady Elm Road, approximately 1,500 feet south of Route 37 in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A-1. Mr. Ruddy............................................................. ............... (B) ............................................ 6) Other FILE COPY i COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner=' i Subject: Public Hearing— Revisions to the Frederick County Sign Ordinance Date: December 26, 2007 Over the past year, the County has been evaluating potential areas within the County's sign ordinance that warrant enhancements. The County's Development Review and Regulations Subcommittee (DRRS) endorsed changes to the Sign Ordinance (§165-30 of the Frederick County Zoning Ordinance) during its meeting of January 25, 2007. The changes were presented to, and received mixed reviews from, various community organizations through Spring 07 and early summer. In response to the various organizations' concerns, a Sign Ordinance Work Group was formed. The work group was comprised of representatives from various community interest groups that were selected with assistance from the Chamber of Commerce. The participating groups included representatives from the local petroleum industry, local hotel builders, automobile dealership industry and commercial, residential, and industrial developers. The Sign Ordinance Work Group was tasked with reviewing the ordinance which was developed by the DRRS and revising the ordinance so that all parties were more comfortable with the propowd changes. The DRRS endorsed the Sign Ordinance Work Group's changes at their meeting on October 25, 2007, the sign ordinance was presented to the Chamber of Commerce and they endorsed the changes at their meeting on November 29th. The draft sign ordinance was also discussed by the Planning Commission at their meeting on December 5, 2006. The Planning Commission had minimal comments and supported the revisions. Members of the Board of Supervisors were sent copies of the proposed ordinance amendment and staff received minimal comments on the proposed amendment. There are numerous proposed changes to the existing sign ordinance as evident by the attached documents. Some of the major changes include the types of signs which will be allowed in certain districts, freestanding sign spacing, sign heights, sign sizes, as well as the number of signs permitted. In regards to allowed signage in certain districts, the main change is the addition of electronic message signs which will have restricted timing and size. Sign size and height is proposed to be regulated by road classification: arterial roads, collector roads and all other roads. Requirements for developments utilizing multi -tenant complex signs have also been incorporated into the ordinance. Freestanding signage continues to be monument style. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Frederick County Planning Commission Re: Public Hearing - Sign Ordinance December 26, 2007 Page 2 The attached documents show the existing ordinances, the changes to the ordinance supported by the Work Group, the MRS, the Chamber of Commerce and the PC (with strikethroughs for text eliminated and bold red italic for text added) and a clean version of the proposed text as it is proposed to be adopted. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Existing ordinances 2. Existing ordinances with strikethroughs for eliminated text and bold red italic for proposed changes 3. Proposed ordinances (clean version) CEP/bad ��T�TACIn►fIF SIT` 1 ? § 165-29 FREDERICK COUNTY CODE § 165-30 (1) The Planning Commission may allow other means of motor vehicle access which do not meet the above requirements. Such means may involve the use of entrances which physically limit or restrict left turns, methods which ensure one-way travel or other methods. (2) In such cases, the Zoning Administrator may require a traffic access plan which describes existing traffic, conditions and design on the streets abutting the site and the methods proposed to ensure that the intent of this section has been met. C. Internal circulation. A complete system of internal traffic circulation shall be provided to serve all uses in any shopping center, industrial park or any development included in a single master development plan, site plan or subdivision plat approved by Frederick County. In such developments, internal access shall be provided in a fashion so that all uses can be mutually accessed without entering onto arterial or primary highways. In such cases, a pattern of internal circulation shall be designed to ensure that conflicts are avoided between moving vehicles, parking areas, pedestrian areas, loading areas and the various uses provided. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks shall be provided in conformance with adopted corridor or walkway plans or approved master development plans. The Planning Commission may require additional sidewalks or walkways on master plans or site plans to promote a general system of pedestrian access in residential neighborhoods or business corridors. E. Fire lanes. Fire lanes shall be required as set forth in Chapter 90, Fire Prevention. [Added 12-9-1992] § 165-30. Signs. Signs shall be allowed or prohibited according to the following requirements in order to promote safety, to protect property values, to create an atmosphere conducive to orderly economic growth and to meet the intentions of this chapter: A. Signs prohibited in all districts. The following types of signs shall be prohibited in all zoning districts: (1) Animated or flashing signs. (2) Signs painted directly onto the exterior of buildings. (3) Inflatable signs. [Added 9-12-20011 (4) Roof signs. [Added 9-12-2001] (5) Portable signs. [Added 9-12-2001] B. Signs allowed in all districts. The following types of signs shall be allowed in all zoning disincts: 165:36 06-15 -2007 § 165-30 ZONING § 165-30 (1) Signs indicating the names or addresses of the occupants of residences. (2) Signs or bulletin boards associated with public institutions, churches, schools or community centers. (3) Commemorative plaques and historical markers. (4) Signs identifying civic, social or other nonprofit organizations. (5) Private road signs. (6) Signs erected or required by a governmental agency. (7) Temporary yard sale signs. (8) Temporary real estate signs. (9) Temporary window signs. (10) Temporary construction signs. (11) Temporary campaign signs. [Added 9-12-20011 (12) Entrance signs for developments or subdivisions. [Amended 9-12-2001] (13) Monument signs. [Added 9-1.2-2001] C. Signs allowed in certain districts. The following types of signs are allowed only if they are specifically listed under the list of allowed uses for the zoning districts in which they are located: (1) Business signs. (2) Directional signs. (3) Cottage occupation signs. (4) Freestanding building entrance signs. (5) On-site informational signs. [Added 9-12-20011 D. Off -premises business signs. Signs that advertise a product not produced or for sale on the lot or parcel on which the sign is located and signs that advertise a business that is not located on the premises shall be allowed as a conditional use only. Such signs shall be allowed only if a conditional use permit for that sign has been granted. In considering such a sign, the following standards should be considered: (1) No off -premises business sign shall be allowed in the RP Residential Performance, the R4 Residential Planned Community, R5 Residential Recreational Community or the MH 1 Mobile Home Community District. (2) Appropriate separation shall be provided between the off -premises business sign and surrounding residences and other uses. The Board of Supervisors may require that such signs not be visible from surrounding residences. 165:37 06-15-2007 § 165-30 FREDERICK COUNTY CODE § 165-30 (3) Off -premises business signs shall be limited to a size, scale and height that does not detract from surrounding properties and uses. (4) Off -premises business signs shall be properly separated from each other to avoid clutter along road corridors. (5) Off -premises business signs shall not be of a type that will distract motorists or cause other safety hazards. (6) Off -premises business signs shall be properly maintained. E. Setbacks. All freestanding signs shall be set back at least 10 feet from lot lines or property boundary lines. Signs that are attached to buildings shall meet the required setbacks for that building. In general, freestanding building entrance signs shall not be located in front yard setback areas. However, freestanding building entrance signs may be located in front yard setback areas as long as they are no more than five feet from the entrance to the building or use designated. F. Minimum spacing between freestanding business signs. The minimum distance separating new from existing freestanding business signs or separating new freestanding business signs shall be 50 feet. The Zoning Administrator may allow two signs to be separated by less than 50 feet in order to allow the signs to share an appropriate location. In such cases, the two signs shall be separated from other signs by a distance of 50 feet plus the distance by which the separation between the two signs was reduced from the required 50 feet. G. Height. No sign shall exceed the maximum height requirement for the zoning district in which they are located. Business signs located in the RA (Rural Areas) Zoning District shall not exceed 10 feet in height. All signs other than business signs shall be no more than 10 feet in height. No freestanding business entrance sign shall exceed five feet in height. [Amended 12-14-20051 H. Size. The following restrictions shall apply to the size of signs: (1) No business sign or directional sign shall exceed 100 square feet in area. Standardized franchise signs may exceed 100 square feet in area, but shall not exceed 150 square feet in area. In the B -I (Neighborhood Business) District and the RA (Rural Areas) Zoning District, no business sign or directional sign shall exceed 50 square feet in area. [Amended 12-14-20051 (2) Cottage occupation signs shall not exceed four square feet in area. (3) Wall -mounted business signs in the B2 Business General, the B3 Industrial Transition, M1 Light Industrial, the M2 Industrial General or the MS Medical Support Districts shall be permitted to encompass 20% of the area of the wall to which the sign is attached, provided that the total area of the wall -mounted business sign does not exceed 200 square feet. [Amended 9-12-20011 (4) No freestanding building entrance sign shall exceed four square feet in area. 165:38 06- 15-2007 § 165-30 ZONING § 165-31 I. Maintenance. All signs shall be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shall be repaired or removed within 30 days. (1) If an off -premises sign advertises a business or activity that is no longer being operated or conducted or if a directional sign refers to a location where the advertised activities no longer exist, that sign shall be considered to be abandoned and shall be removed by the owner within 30 days. (2) If the message portion of a sign is removed, the supporting structural components shall be removed or the message portion replaced within 30 days. J. Sign permits. [Amended 6-9-19931 (1) Before a sign may be constructed, reconstructed or altered, a sign permit shall be obtained from the Frederick County Building Official_ (2) Commemorative plaques and historical markers shall be exempt from obtaining sign permits. § 165-31. Protection of environmental features. [Amended 12-11-1991; 8-9-2000; 7-11-2001; 4-23-20031 In order to protect those areas of a parcel which have environmental characteristics that make them unsuitable for development, certain portions of a development shall remain undisturbed or be protected. It is the intention of this section that the disturbance of such areas by the development process be limited. It is also the intention of this section that the large portions of the areas with such environmental characteristics be placed in open space, environmental easements, the portion of the parcel left undivided or other areas where they will remain undisturbed. It is intended that the environmental conditions on a property be reviewed as the first step in the planning process before lots or dwellings are located. A. The requirements of this section shall apply to land in the following zoning districts: RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District BI Neighborhood Business District B2 Business General District B3 Industrial Transition District M1 Light Industrial District M2 Industrial General District HE Higher Education District RA Rural Areas District MS Medical Support District 165:39 06 -15 -2007 § 1.65-156 ZONING § 165-156 SCREENING— A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. [Added 9-12-2001] SEARCH AREA — A geographic area in which a commercial telecommunication facility site may be located that would satisfactorily cover a targeted area and/or hand-off with its neighboring sites. [Added 4-9-1997] SEASONAL USE— Any use which ceases operation for at least three months in a year. [Added 8-14-2002] SELF-SERVICE STORAGE FACILITY — A structure containing separate storage spaces of varying sizes leased or rented as individual leases for the purpose of storing personal property and household goods. SEMITRAILER — Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. [Added 6-9-1993] SERVICE STATION — Any premises primarily used for supplying gasoline, oil, tires, accessories and services for automobiles at retail directly to the motorist or consumer. Repair uses are accessory to the other retail services provided. SETBACK — The required distance between a building or structure and a lot line. SETBACK, FRONT YARD — The required distance between a street right-of-way line and the front line of a building or structure. SETBACK, REAR YARD — The required distance between a building or structure and the rear lot line of the lot containing the building or structure. SETBACK, SIDE YARD — The required distance between a building or structure and the side lot line of the lot containing the building or structure. SEWAGE TREATMENT FACILITY — Any device or system used in the storage, treatment, disposal or reclamation of sewage and industrial wastes generated by more than two uses or dwellings. SHOPPING CENTER — Any development in the B 1 Neighborhood Business or B2 Business General Zoning District containing two or more uses within a single approved master development plan or site plan. SIGN — Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. A. SIGN, BUSINESS — A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to a service or -entertainment offered. 165:187 06-15-2007 § 165-156 FREDERICK COUNTY CODE § 165-156 B. SIGN, COTTAGE OCCUPATION — An on -premises sign advertising an approved cottage occupation. C. SIGN, DIRECTIONAL — An off -premise sign containing directional messages concerning the distance or direction to particular locations. [Amended 9-12-20011 D. SIGN, BUILDING ENTRANCE — A sign designating the location to the outside entrance to a particular use. E. SIGN, OFF -PREMISES —A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on a parcel of land other than the one on which the sign is located. F. SIGN, ON -PREMISES — A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the parcel of land on which the sign is located. G. SIGN, TEMPORARY or PORTABLE —A movable sign not affixed to the ground or intended to be moved or intended for temporary use. H. SIGN, ANIMATED — Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. [Added 9-12-2001] L SIGN, FLASHING—Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. [Added 9-12-2001] J. SIGN, ILLUMINATED — A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. [Added 9-12-2001] K. SIGN, INFLATABLE — Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event. [Added 9-12-2001] L. SIGN, INTERSTATE OVERLAY —An on -premise business sign located within the Interstate Area Overlay District meeting all requirements of Article XVI of this chapter. [Added 9-12-2001] M. SIGN, MONUMENT — A business sign or subdivision entrance sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to, the support structure. [Added 9-12-2001] N. SIGN, ON-SITE INFORMATIONAL — A sign commonly associated with, and not limited to, information and directions necessary for the convenience of visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas. [Added 9-12-2001] O. SIGN, ROOF —A sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof, the cave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. [Added 9-12-2001] 165:188 06-15-2007 § 165-156 ZONING § 165-156 P. SIGN, PORTABLE — A sign that is not ptmnanent, not affixed to a building, structure, or the ground, and is intended to be moved or intended for temporary use. [Added 9-12-2001] Q. SIGN, WALL -MOUNTED —A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign. [Added 9-12-2001] SIGNIFCANT EXTERIOR ALTERATION— Any change in the exterior appearance of a structure, excluding minor changes, such as painting, minor repairs and installation of easily removed equipment, such as air conditionilg and/or storm doors or windows. SINGLE-FAMILY — A single person, or two or more persons related by blood or marriage occupying a dwelling, living together and maintaining a household, which may include not more than one unrelated person; however, not more than four unrelated persons occupying a dwelling, living together and maintaining a household shall be deemed to constitute a "single family." [Added 10-10-2007] SINKHOLE -- Any depression in the surface of the ground which provides a means through which surface water can enter directly into subsurface aquifers. SITE PLAN — A- specific and detailed plan of development meeting the requirements of this chapter. STEEP SLOPES — Land areas where the slope exceeds 50%. [Amended 5-9-2000; d-23-2003] STORMWATER MANAGEMENT FACILITY - A facility designed to Virginia Erosion and Sedimentation Control Law standards that is intended for the control and management of stormwater to minimize the detrimental effects of surface water runoff_ [Added 9-12-2001] STREET — A roadway dedicated to or owned by Frederick County . or the Virginia Department of Transportation; also, existing privately owned rights-of-way which serve as the principal means of access to more than one property. STREET, ARTERIAL A street so classified by the Virginia Department of Transportation or by Frederick County which collects and distributes traffic to and from collector streets. STREET, COLLECTOR — A street so classified by the Virginia Department of Transportation or,by Frederick ,County which- collects and .distributes traffic to and from local, -_ or minor streets. STREET ENTRANCE— The location where at -grade access from a street to a parcel is provided. [Added 9-12-2001] STREET INTERSECTION — The location where two.or more streets cross at grade without a bridge. [Added 9-12-2001] STREET, LOCAL or MINOR A street so classified by the Virginia Department of Transportation or by Frederick County which are designed to provide access to abutting properties. 165:189 11 - 15 -2007 TTAIMErNT 2 T Proposed changes to the Frederick County Sign Ordinance As of January 2, 2008 Existing Ordinance Suggested additions and deletions §155-30. Signs This section is established to regulate the erection, number, area, height, location, type and maintenance of signs to promote the health, safety and general welfare of the public and the orderly development of the county by protecting property values, minimizing visual distraction to motorists; protecting and enhancing the image, appearance and economic vitality of the county; providing for signage that is adequate but not excessive; and supporting the Frederick County Comprehensive Policy Plan. Any ope of sign not currently listed in Sections(s) 165-30 and 163-I55 of the Frederick County Zoning Ordinance shall be prohibited A. Signs prohibited in all districts. The following types of signs shall be prohibited in all zoning districts: (1) Animated or Flashing Signs. (2) Signs painted directly onto the exterior of buildings. (3) Inflatable Signs. (4) Roof Signs. (5) Portable Signs. B. Signs allowed in all districts. The following types of signs shall be allowed in all zoning districts: (1) Signs indicating the names or addresses of the occupants of residences. (2) Signs or bulletin boards associated with public institutions, ehufenes, seheal�r (3) Commemorative plaques and historical markers. (4) Signs identifying civic, social, or other nonprofit organizations. (5) Private road signs. (6) Signs erected or required by a governmental agency. (7) Temporary yard sale signs. (8) Temporary real estate signs. (9) Temporary window signs. M DRAFT (10) Temporary construction signs. (11) Temporary campaign signs. (12) l +b ,ls for- ^ elo vt subdivisions. ' (13) A if. pA signs. (12) Fla, sin ns. b`� (13) Informational sins (14) Directional signs (15) Temporary Banner signs. Not to be displayed for more than 30 days. C. Signs allowed in certain districts. The following types of signs are allowed only if they are specifically listed under the list of allowed uses for the zoning districts in which they are located: (1) Business Signs. (2) Dir-eaiena4 Signs7 (2) Cottage occupation signs. (3) Freestanding building entrance signs. � b„ ' (4) Residential subdivision identification signs. (5) Multi -tenant complex signs. (6) Interstate overlay district signs. (7) Electronic Message Signs. Such electronic sign messages shall be displayed for a inininium of two (2) minutes, and shall not be animated by scrolling, flashing or other similar non -static displays. In no case shall all Electronic Message Sign occupy more than 50 percent of the area of a permitted sin size D. Off -premises business signs. l ^+ ,a on the pfemises shall be allowed as a eon i+iona4 use only. In all zoning districts only inulti-tenant coniplex signs and residential subdivision identification sins shall be allowed off -premises. No other o pe of off -premises signs shall be allowed Off - premises siqns shall be freestanding inonument signs. Such signs shall be allowed only if a conditional use permit for that sign has been granted. In nide -inn suea sig the fallerstandards should be ^^nide~' : Conditions which may be placed oil off - premises signs may include, but need not be limited to, the following: (1) Appropriate separation shall be provided between the off -premises sign and surrounding residences and other uses. The Board of Supervisors may require that such signs not be visible from surrounding residences. (2) Off -premises business signs shall be limited to a size, scale, and height that does not detract from surrounding properties and uses, and in no case shall exceed the -2- DRAFT regulations for on premises multi -tenant comiplex sins and residential subdil'ision identification dans. (3) Off -premises busiiiess signs shall be properly separated from each other to avoid clutter along road corridors, and rit no case shall be less than the regulations for on -premises multi -tenant complex signs and residential subdivision idenhfctit/on signs. (5) Offlpi!emises biasiness signs Shall not be ef a type that will disir-aet motorists Of v u. u.Jv other- safety 11q;GCQQs: r r-efflises business g properly Ll 11 LIAlllt l.L E. Setbacks. All freestanding signs shall be set back at least 10 feet from lot lines or property boundary lines. Signs that are attached to buildings shall meet the required setbacks for that building. In general, freestanding building entrance signs shall not be located in front yard setback areas. However, freestanding building entrance signs may be located in front yard setback areas as long as they are no more than five feet from the entrance to the building or use designated. F. Minimum spacing between freestanding busifiess signs. The minimum distance separating new from existing freestanding busiiiess signs or separating new freestanding business signs shall be -50100 feet. The Zoning Administrator may allow two signs to be separated by less than -5-0 100 feet in order to allow the signs to share an appropriate location. In such cases, the two signs shall be separated from other signs by a distance of ,0 100 feet plus the distance by which the separation between the two signs was reduced from the required -50100 feet. G. Height. The following restrictions shall apply to the height of signs: (1) No-T#'all-mounted signs shall not exceed the maximum height requirement for the zoning district in which they are located. General office buildings, and hotel or motel buildings allowed to exceed the general height requirements for the underlying zoning district as per §165-24R6 (Height limitations, exceptions) shall be allowed wall -mounted signs with a maximum height not to exceed the maximum height requirement of'§165-24R6. (2)— No Freestanding business building entrance signs shall not exceed 5 feet in height. (3) Freestanding directional signs shall not exceed 5 feet in height. (4) Freestandinb informational signs shall not exceed 5 feet ill height. (5) Freestanding residential subdivision entrance signs shall not exceed 8 feet ill height. (6) All other freestanding bels signs located in the RA (Rural Areas) Zoning District shall not exceed 10 feet in height. All signs athef! 4iam business sig*s sha4l be no more than 10 feet in height. (7) All other freestanding signs located ill zoning districts other than the FLA (Rural Areas) Zoning District shall be perinitted to establish a inaximuari sign height reflective of the roadtvat7 tvltich the site's entrance is located on, as such: (a) Signs along Arterial Roads shall not exceed 25 feet in height (b) Signs along Collector Roads shall not exceed 1 S feet in height (c) Signs along all other roads shall not exceed 12 feet ill height -3- DRAFT (8) Sign height shall be measured frofn the grade level of the adjacent street to which the land upon the sign is located. (9) In developments utilizing a multi -tenant complex sign, on-site freestanding business signs shall not exceed 12 feet in height H. Size. The following restrictions shall apply to the size of signs: (1) Wall -mounted business signs in the B2 Businesrvenen,�he u2 lades+r4.,4 r" peft Zoning Dist -; shall be permitted to encompass 20% of the area of the wall to which the sign is attached, provided that the total area of the wall -mounted business sign does not exceed 200 square feet. In situations where there are more than 8 individual building users, each user shall not have a sign larger than 25 square feet. (2) Cottage occupation signs shall not exceed four square feet in area. (3) No Freestanding building entrance sign shall not exceed 4 square feet in area. (4) Subdivision entrance signs shall not exceed 30 square feet in area. (5) Directional signs shall not exceed S square feet in area. (6) Informational signs shall not exceed 10 square feet in area. (7) No or dir-eetional sig „ h n not , -we-ed 4-00 b Standardized fr-anha inn f ifl .b 'ere ��e�+ but >1 ii + exeeed5O sqar-e-feet in area. in the R i (Neighbe.-goo Business) Dis4iet and !he RA (Rmufa4 Areas) Zoning no busine b directional sign shall exeeed 50 square fe� in afea-. All freestanding business signs located in zoning districts other than the RA (Rural Areas) Zoning District shall be permitted to establish a maximum sign area reflective of the adjacent roadways' classification, as such: (a) Signs along Arterial Roads shall not exceed 150 square feet (b) Signs along Collector Roads shall not exceed 100 square feet (c) Signs along other roads shall not exceed 50 square feet (8) In developments utilizing a multi -tenant complex sign, on-site freestanding business signs shall not exceed 50 square feet. L Type. All freestanding business signs shall be monument signs. J. Number. (1) Freestanding business signs, excluding multi -tenant complex signs, in the MI and M2 Districts shall be limited to one per property. (2) Freestanding multi -tenant complex signs in the MI and M2 Districts shall be limited to one per business park. (3) Freestanding business signs, shall be limited to one per development in all other districts where allowed. -4- (4) Freestanding multi -tenant complex signs shall be limited to one per 1,200 linear feet of road frontage per development in all other districts where allowed. (j) Cottage occupation signs shall be limited to one per business. K. Maintenance. All signs shall be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shall be repaired or removed within 30 days. (1) If an off -premises sign advertises a business or activity that is no longer being operated or conducted or if a directional sign refers to a location where the advertised activities no longer exist, that sign shall be considered to be abandoned and shall be removed by the owner within 30 days. (2) If the message portion of a sign is removed, the supporting structural components shall be removed or the message portion replaced within 30 days. k L. Sign Permits. (1) Before a sign may be constructed, reconstructed or altered, a sign permit shall be obtained from the Frederick County Building Official. (2) The following signs shall be exempt from obtaining sign permits, provided they comply with ordinance regulations: (a) Signs indicating the names or addresses of the occupants of residences. (b) Signs or bulletin boards associated with public institutions. (c) Commemorative plaques and historical markers. (d) Signs identifying civic, social, or other nonprofit organizations. (e) Private road signs. (f) Signs erected or required by a governmental agency. (h) Temporary yard sale signs. (i) Temporary real estate signs. 6) Temporary window signs. (k) Temporary construction signs. (1) Temporary campaign signs. (m) Directional signs. (n) Informational signs. (o) Flag signs. -5- DRAFT Section 165-156 (Definitions) of the Frederick County Zoning Ordinance SIGN —Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. A. SIGN, BUSINESS — A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to a service, activity or entertainment offered. B. SIGN, COTTAGE OCCUPATION — Airon premises sign advertising an approved cottage occupation. C. SIGN, DIRECTIONAL —sign eontainiag direefiefial messages e..,,,.o,-,,;,-,, the dist neeor- three.+,,, to pai4iettlur 1..,..,+,.,ns. A sign that Is designed or erected for the pu;Pose of providing directionn and/or orientation for pedestrian or vehicular traffic. D. SIGN, BUILDING ENTRANCE — A sign designating the location to the outside entrance to a particular use. E. SIGN, OFF -PREMISES — A sign which directs attention to a business, commodity, service, activity or entertainment conducted, sold or offered on a parcel of land other than the one on which the sign is located. F. SIGN, ON -PREMISES - A sign which directs attention to a business, commodity, service activity or entertainment conducted, sold or offered on the parcel of land on which the sign is located. G. SIGN, TEMPORARY ; POR T- n ur E n moveable ��c+ affixed to the b.e.,,or- intended + b moved intended r^,. temp,.,-afy , A sign intended to display either commercial or non commercial messages of a transitory or temporary nature. H. SIGN, ANIMATED — Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. I. SIGN, FLASHING — Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. J. SIGN, ILLUMINATED — A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. K. SIGN, INFLATABLE —Any display capable of being expanded or powered by air or other gas and used on a pefmanefft tori,pefaf , basis to advertise a business, service, product or event. -6- DRAFT L. SIGN, INTERSTATE OVERLAY - An on -premise business sign located within the Interstate Overlay District meeting all requirements of Article XVII of this chapter. M. SIGN, MONUMENT - A businessor- subdivision freestanding sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of or affixed to, the support structure. The support structure for the monument sign must be ca ininiinum of SO% of the size of the sign face area. Examples of Monument Signs MWSTATE a UNIVERSITY GROUND OR LOW PROFILE MONUMENT OR BLADE PYLON N. SIGN, ON SITE INFORMATIONAL - A sign commonly associated with, and not limited to, information and diree4io necessary for the convenience of visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas. O. SIGN, ROOF - A sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. A SIGN, PORTABLE - A sign that is fiat pefmaaerA, + affixed to a building, + + the nd and ; intendedto be moved o if4ended for- temporary use. A sign desi,-ned or intended to be mowd easily that is not permanently embedded in the ground or affia:ed to a building or other structure. Q. SIGN, WALL -MOUNTED - A sign fastened to the wall of a building or structure in such a manner that the wall becomes the significant supporting structure for the sign. SIGN, BANNF1'? - A sign having characters, letters or illustrations applied to cloth, ;caper, flexible plastic, orfabric of ony other kind, with only siich inaterial_for backing. SIGN, FLAG - F/ags of the United States, the Common 0tvalth of Virginia, Frederick Count)', other countries and states, the United Nations Or anization or similar organizations of ivhlch this nation is a member, religious groups, civic organizations and service clubs, are allowed provided that there shall be no more than three (3) flags oil any one lot. In addition, (lily business zoned use, industrial zoned use, and business in the Rural Areas District lvith an 1 -1J3ai approved Condition Use Permit (CUP) may display its corporate or business emblem in the form of a flag, provided that there is no more than one (1) such flagon any parcel SIGN, ELECTRONIC MESSAGE - A sign with a fixed or changing message and/or display composed of a series of lights that may be changed through electronic means. LED (Light Emitted Diodes) is a type of Electronic Message Sign. Such electronic sign messages shall be displayed for a minimum of two (2) minutes, and shall not be animated by scrolling, flashing or other similar non -static displays. In no case shall an Electronic Message Sign occupy, more than 50 percent of the area of a permitted sign size SIGN, MULTI -TENANT COMPLEX- A sign that identifies the name of the development and the users in a business park. SIGN, RESIDENTIAL SUBDIVISION IDENTIFICATION —A sign which denotes the name of a residential subdivision, condominium or apartment complex. SIGN AREA — The sign area shall be measured as the area of a sign face with the smallest square, circle, rectangle, triangle or combination thereof, that encompasses the extreme limits of the letters, figures, designs, devices, pictures, projected images, symbols, fixtures, logos, emblems or insignias, or any part or combination thereof, together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a double faced sign where the interior angle formed by the faces is 45 degrees or less or where the sign face is parallel, only one display face shall be used in calculating the area. Measuring Sign Area i,g-n - .. BUSINESS PARK — A development which includes multiple buildings and uses. Shopping Centers, Industrial Parks, and Office Parks are types of Business Parks. -8- Changes to Other Ordinance Sections ARTICLE V RA Rural Areas District § 165-50. Permitted Uses U. Business signs V. Signs allowed in §165-.:? OR W. Cottage Occupation signs CC Residential subdivision identiflicatioa sig -as ARTICLE VI RP Residential Performance District § 165-59. Permitted Uses (9) Business sfgus associated with schools, churches, fires stations and conipaures and rescue squads, recreational facilities, public parks, playga•ounds, and libraries. (12) Residential subdivision identification sig -ars (13) Sig -us allowed in §165-30R §165-60. Conditional Uses Uses and associated signs permitted with a conditional use permit shall be as follows: -9- DRAFT ARTICLE IX MHl Mobile Home Community District § 165-79. Permitted Uses L.signs, signs for- Ron- pr-e& signs b L. Business signs associated with schools, churches, public parks, playgrounds and recreational uses, fires stations and companies and rescue squads. M Residential subdivision identification signs. N. Signs allowed in ,165-30B DRAFT ARTICLE X Business and Industrial Zoning Districts § 165-82. District use regulations A. B 1 Neighborhood Business District Allowed Uses Business signs Dir—eefiafia sines Signs alloived in §165-3011 Freestanding building entrance signs !Multi -tenant complex siggns Electronic Message sighs § 165-82. District use regulations B. B2 Business General District Allowed Uses Business signs D +'e a signs Signs alloiwed in §165-30B Freestaotdiug building entrance signs Multi -tenant complex signs Flectronie,Message signs §165-82. District use regulations C. B3 Industrial Transition District Allowed Uses Business signs Dir-eetional signs Signs allojived hi §165-30B DRAFT Freestanding building entrance signs Multi -tenant complex signs Electronic Message signs § 165-82. District use regulations D. M1 Light Industrial District Allowed Uses Business signs Difeetiana4 sip Signs allowed in §165-30B Freestanding building entrance signs ?Multi -tenant complex signs Electronic Message signs �12- DRAFT ARTICLE XI EM Extractive Manufacturing District §165-85. Permitted uses. J. Business and difectior signs L. Signs allowed in 5165-30B lid Freestaading building entrance signs ARTICLE XII HE Higher Education District §165-92. Permitted uses. E. Pifec4ion l si-, n Business signs F. Si, -ns allowed in X5165 -30B G. Freestanding building entrance signs ARTICLE XIII MS (Medical Support) District §165-97. Permitted uses. Business sigms Signs alloiwed in §165-30B 141u1ti-tenant complex signs Freestanding building entrance signs - 13 - AT I`ACHMEN i 3 DRPIT TT Proposed changes to the Frederick County Sign Ordinance — Clean Version As of January 2, 2008 §165-30. Signs This section is established to regulate the erection, number, area, height, location, type and maintenance of signs to promote the health, safety and general welfare of the public and the orderly development of the county by protecting property values, minimizing visual distraction to motorists; protecting and enhancing the image, appearance and economic vitality of the county; providing for signage that is adequate but not excessive; and supporting the Frederick County Comprehensive Policy Plan. Any type of sign not currently listed in Sections(s) 165-30 and 165-156 of the Frederick County Zoning Ordinance shall be prohibited. A. Signs prohibited in all districts. The following types of signs shall be prohibited in all zoning districts: (1) Animated or Flashing Signs. (2) Signs painted directly onto the exterior of buildings. (3) Inflatable Signs. (4) Roof Signs. (5) Portable Signs. B. Signs allowed in all districts. The following types of signs shall be allowed in all zoning districts: (1) Signs indicating the names or addresses of the occupants of residences. (2) Signs or bulletin boards associated with public institutions- (3) Commemorative plaques and historical markers. (4) Signs identifying civic, social, or other nonprofit organizations. (5) Private road signs. (6) Signs erected or required by a governmental agency. (7) Temporary yard sale signs. (8) Temporary real estate signs. (9) Temporary window signs. (10) Temporary construction signs. (11) Temporary campaign signs. (12) Flag signs. (13) Informational signs (14) Directional signs (15) Temporary Banner signs. Not to be displayed for more than 30 days. CRAFT C. Signs allowed in certain districts. The following types of signs are allowed only if they are specifically listed under the list of allowed uses for the zoning districts in which they are located: (1) Business Signs. (2) Cottage occupation signs. (3) Freestanding building entrance signs. (4) Residential subdivision identification signs. (5) Multi -tenant complex signs. (6) Interstate overlay district signs. (7) Electronic Message Signs. Such electronic sign messages shall be displayed for a minimum of two (2) minutes, and shall not be animated by scrolling, flashing or other similar non -static displays. In no case shall an Electronic Message Sign occupy more than 50 percent of the area of a permitted sign size D. Off -premises signs. In all zoning districts only multi -tenant complex signs and residential subdivision identification signs shall be allowed off -premises. No other type of off - premises signs shall be allowed. Off -premises signs shall be freestanding monument signs. Such signs shall be allowed only if a conditional use permit for that sign has been granted. Conditions which may be placed on off -premises signs may include, but need not be limited to, the following: (1) Appropriate separation shall be provided between the off -premises sign and surrounding residences and other uses. The Board of Supervisors may require that such signs not be visible from surrounding residences. (2) Off -premises signs shall be limited to a size, scale, and height that does not detract from surrounding properties and uses, and in no case shall exceed the regulations for on -premises multi -tenant complex signs and residential subdivision identification signs. (3) Off -premises signs shall be properly separated from each other to avoid clutter along road corridors, and in no case shall be less than the regulations for on - premises multi -tenant complex signs and residential subdivision identification signs. E. Setbacks. All freestanding signs shall be set back at least 10 feet from lot lines or property boundary lines. Signs that are attached to buildings shall meet the required setbacks for that building. In general, freestanding building entrance signs shall not be located in front yard setback areas. However, freestanding building entrance signs may be located in front yard setback areas as long as they are no more than five feet from the entrance to the building or use designated. F. Minimum spacing between freestanding signs. The minimum distance separating new from existing freestanding signs or separating new freestanding signs shall be 100 feet. The Zoning Administrator may allow two signs to be separated by less than 100 feet in order to allow the signs to share an appropriate location. In such cases, the two signs shall be separated from other signs by a distance of 100 feet plus the distance by which the separation between the two signs was reduced from the required 100 feet. -2- DRAFT G. Height. The following restrictions shall apply to the height of signs: (1) Wall -mounted signs shall not exceed the maximum height requirement for the zoning district in which they are located. General office buildings, and hotel or motel buildings allowed to exceed the general height requirements for the underlying zoning district as per §165-24136 (Height limitations, exceptions) shall be allowed wall -mounted signs with a maximum height not to exceed the maximum height requirement of § 165-24136. (2) Freestanding building entrance signs shall not exceed 5 feet in height. (3) Freestanding directional signs shall not exceed 5 feet in height. (4) Freestanding informational signs shall not exceed 5 feet in height. (5) Freestanding residential subdivision entrance signs shall not exceed 8 feet in height. (6) All other freestanding signs located in the RA (Rural Areas) Zoning District shall not exceed 10 feet in height. (7) All other freestanding signs located in zoning districts other than the RA (Rural Areas) Zoning District shall be permitted to establish a maximum sign height reflective of the roadway which the site's entrance is located on, as such: (a) Signs along Arterial Roads shall not exceed 25 feet in height (b) Signs along Collector Roads shall not exceed 15 feet in height (c) Signs along all other roads shall not exceed 12 feet in height (8) Sign height shall be measured from the grade level of the adjacent street to which the land upon the sign is located. (9) In developments utilizing a multi -tenant complex sign, on-site freestanding business signs shall not exceed 12 feet in height. H. Size. The following restrictions shall apply to the size of signs: (1) Wall -mounted business signs shall be permitted to encompass 20% of the area of the wall to which the sign is attached, provided that the total area of the wall - mounted business sign does not exceed 200 square feet. In situations where there are more than 8 individual building users, each user shall not have a sign larger than 25 square feet. (2) Cottage occupation signs shall not exceed four square feet in area. (3) Freestanding building entrance sign shall not exceed 4 square feet in area. (4) Subdivision entrance signs shall not exceed 30 square feet in area. (5) Directional signs shall not exceed 5 square feet in area. (6) Informational signs shall not exceed 10 square feet in area. (7) All freestanding business signs located in zoning districts other than the RA (Rural Areas) Zoning District shall be permitted to establish a maximum sign area reflective of the adjacent roadways' classification, as such: (a) Signs along Arterial Roads shall not exceed 150 square feet (b) Signs along Collector Roads shall not exceed 100 square feet (c) Signs along other roads shall not exceed 50 square feet -3- DRAFT (8) In developments utilizing a multi -tenant complex sign, on-site freestanding business signs shall not exceed 50 square feet. Type. All freestanding business signs shall be monument signs. Number. (1) Freestanding business signs, excluding multi -tenant complex signs, in the M1 and M2 Districts shall be limited to one per property. (2) Freestanding multi -tenant complex signs in the M1 and M2 Districts shall be limited to one per business park. (3) Freestanding business signs, shall be limited to one per development in all other districts where allowed. (4) Freestanding multi -tenant complex signs shall be limited to one per 1,200 linear feet of road frontage per development in all other districts where allowed. (5) Cottage occupation signs shall be limited to one per business. K. Maintenance. All signs shall be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shall be repaired or removed within 30 days. (1) If an off -premises sign advertises a business or activity that is no longer being operated or conducted or if a directional sign refers to a location where the advertised activities no longer exist, that sign shall be considered to be abandoned and shall be removed by the owner within 30 days. (2) If the message portion of a sign is removed, the supporting structural components shall be removed or the message portion replaced within 30 days. L. Sign Permits. (1) Before a sign may be constructed, reconstructed or altered, a sign permit shall be obtained from the Frederick County Building Official. (2) The following signs shall be exempt from obtaining sign permits, provided they comply with ordinance regulations: (a) Signs indicating the names or addresses of the occupants of residences. (b) Signs or bulletin boards associated with public institutions. (c) Commemorative plaques and historical markers. (d) Signs identifying civic, social, or other nonprofit organizations. (e) Private road signs. (f) Signs erected or required by a governmental agency. (h) Temporary yard sale signs. (i) Temporary real estate signs. 0) Temporary window signs. (k) Temporary construction signs. (1) Temporary campaign signs. (m) Directional signs. -4- (n) Informational signs. (o) Flag signs. T_� -5- Section 165-156 (Definitions) of the Frederick County Zoning Ordinance SIGN —Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. A. SIGN, BUSINESS — A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to a service, activity or entertainment offered. B. SIGN, COTTAGE OCCUPATION — A -sign advertising an approved cottage occupation. C. SIGN, DIRECTIONAL —A sign that is designed or erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. D. SIGN, BUILDING ENTRANCE — A sign designating the location to the outside entrance to a particular use. E. SIGN, OFF -PREMISES — A sign which directs attention to a business, commodity, service, activity or entertainment conducted, sold or offered on a parcel of land other than the one on which the sign is located. F. SIGN, ON -PREMISES - A sign which directs attention to a business, commodity, service activity or entertainment conducted, sold or offered on the parcel of land on which the sign is located. G. SIGN, TEMPORARY - A sign intended to display either commercial or non commercial messages of a transitory or temporary nature. H. SIGN, ANIMATED — Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. I. SIGN, FLASHING — Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. J. SIGN, ILLUMINATED — A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. K. SIGN, INFLATABLE — Any display capable of being expanded or powered by air or other gas and used to advertise a business, service, product or event. L. SIGN, INTERSTATE OVERLAY — An on -premise business sign located within the Interstate Overlay District meeting all requirements of Article XVII of this chapter. DRAFT M. SIGN, MONUMENT — A freestanding sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of or affixed to, the support structure. The support structure for the monument sign must be a minimum of 50% of the size of the sign face area. Examples of Monument Signc MM STATE UNIVERSITY GROUND OR LOW PROFILE MONUMENT OR BLADE PYLON N. SIGN, INFORMATIONAL — A sign commonly associated with, and not limited to, information necessary for the convenience of visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick-up and delivery areas. O. SIGN, ROOF — A sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. P. SIGN, PORTABLE —A sign designed or intended to be moved easily that is not permanently embedded in the ground or affixed to a building or other structure. Q. SIGN, WALL -MOUNTED — A sign fastened to the wall of a building or structure in such a manner that the wall becomes the significant supporting structure for the sign. SIGN, BANNER — A sign having characters, letters or illustrations applied to cloth, paper, flexible plastic, or fabric of any other kind, with only such material for backing. SIGN, FLAG - Flags of the United States, the Commonwealth of Virginia, Frederick County, other countries and states, the United Nations Organization or similar organizations of which this nation is a member, religious groups, civic organizations and service clubs, are allowed provided that there shall be no more than three (3) flags on any one lot. In addition, any business zoned use, industrial zoned use, and business in the Rural Areas District with an approved Condition Use Permit (CUP) may display its corporate or business emblem in the form of a flag, provided that there is no more than one (1) such flag on any parcel. SIGN, ELECTRONIC MESSAGE - A sign with a fixed or changing message and/or display composed of a series of lights that may be changed through electronic means. LED (Light Emitted Diodes) is a type of Electronic Message Sign. Such electronic sign messages shall be displayed for a minimum of two (2) minutes, and shall not be DI.AL6=T animated by scrolling, flashing or other similar non -static displays. In no case shall an Electronic Message Sign occupy more than 50 percent of the area of a permitted sign size SIGN, MULTI -TENANT COMPLEX - A sign that identifies the name of the development and the users in a business park. SIGN, RESIDENTIAL SUBDIVISION IDENTIFICATION — A sign which denotes the name of a residential subdivision, condominium or apartment complex. SIGN AREA — The sign area shall be measured as the area of a sign face with the smallest square, circle, rectangle , triangle or combination thereof, that encompasses the extreme limits of the letters, figures, designs, devices, pictures, projected images, symbols, fixtures, logos, emblems or insignias, or any part or combination thereof, together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a double faced sign where the interior angle formed by the faces is 45 degrees or less or where the sign face is parallel, only one display face shall be used in calculating the area. Measuring Sign Area A. CHA%N;_:L LETTERS B. FLEX FACE/80A+R0 BUSINESS PARK — A development which includes multiple buildings and uses. Shopping Centers, Industrial Parks, and Office Parks are types of Business Parks. -8- M 17J 4 Changes to Other Ordinance Sections ARTICLE V RA Rural Areas District § 165-50. Permitted Uses U. Business signs V. Signs allowed in §165-30B W. Cottage Occupation signs CC. Residential subdivision identification signs ARTICLE VI RP Residential Performance District § 165-59. Permitted Uses B (9) Business signs associated with schools, churches, fires stations and companies and rescue squads, recreational facilities, public parks, playgrounds, and libraries. (12) Residential subdivision identification signs (13) Signs allowed in §165-30B §165-60. Conditional Uses Uses and associated signs permitted with a conditional use permit shall be as follows: -9- -*J ARTICLE IX MH1 Mobile Home Community District § 165-79. Permitted Uses L. Business signs associated with schools, churches, public parks, playgrounds and recreational uses, fires stations and companies and rescue squads. M. Residential subdivision identification signs. N. Signs allowed in §165-30B ARTICLE X Business and Industrial Zoning Districts § 165-82. District use regulations A. B 1 Neighborhood Business District Allowed Uses Business signs Signs allowed in § 165-30B Freestanding building entrance signs Multi -tenant complex signs Electronic Message signs §165-82. District use regulations B. B2 Business General District Allowed Uses Business signs Signs allowed in § 165-30B Freestanding building entrance signs Multi -tenant complex signs Electronic Message signs § 165-82. District use regulations C. B3 Industrial Transition District Allowed Uses Business signs Signs allowed in § 165-30B DRAFT -lt- Freestanding building entrance signs Multi -tenant complex signs Electronic Message signs § 165-82. District use regulations D. M1 Light Industrial District Allowed Uses Business signs Signs allowed in §165-30B Freestanding building entrance signs Multi -tenant complex signs Electronic Message signs DRAFT -12- ARTICLE XI EM Extractive Manufacturing District § 165-85. Permitted uses. J. Business signs L. Signs allowed in §165-30B M. Freestanding building entrance signs ARTICLE XII HE Higher Education District § 165-92. Permitted uses. E. Business signs F. Signs allowed in §165-30B G. Freestanding building entrance signs ARTICLE XIII MS (Medical Support) District § 165-97. Permitted uses. Business signs Signs allowed in § 165-30B Multi -tenant complex signs Freestanding building entrance signs DRAFT =2 • n 11 REZONING APPLICATION 408-07 ARTILLERY BUSINESS CENTER Staff Report for the Planning Commission Prepared: October 23, 2007 (updated December 26, 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 by PC 12/19/07 Tabled by PC 01/16/08 Pending Board of Supervisors: 02/13/08 Pending PROPOSAL: To rezone 58.7 acres from RA (Rural Areas) District to MI (Light Industrial) District, with proffers. LOCATION: The property is located east and adjacent to Shady Elm Road, approximately 1,500 feet south of Route 37. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75-A-1 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Agricultural and residential ADJOINING PROPERTY ZONING & PRESENT USE: North: M i South: RA (Rural Areas) East: B3 (Industrial Transition) West: RA (Rural Areas) M 1 (light Industrial) Use: Industrial Use: Agricultural Use: Commercial/vacant Use: Agricultural Vacant PROPOSED USES: Light Industrial Office and Warehouse Uses (0.4 FAR proffered). Rezoning #08-07 Artillery Business Center December 26, 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 651, 652 and 11. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed several submissions of proposed transportation proffers offered to mitigate the development's potential trip generation. While not satisfied that the transportation proffers offered in the Artillery Business Center Rezoning Application dated December 26, 2006, revised October 9, 2007, it appears that through a combination of previous proposed proffers, as well as the current proffer by the application the transportation concerns associated with this request can be 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. Tri 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: Demolition permit and asbestos inspection shall be required prior to the removal of any structures. No additional comments required at this time. Department of Public Works: 1. Refer to page 2 of 4, Transportation: The discussion of Scenario A indicates that 60 percent of the trips would utilize Apple Valley Road and 40 percent would use Springdale Road. It appears that the existing traffic distribution is approximately 80:20. Considering the current condition of Springdale Road, we conclude that the 80:20 distribution is more realistic than the 60:40 distribution. 2. Refer to page 3 or 4, Environmental Features: a. The narrative indicates that the property does not contain any wetlands. However, a review of available aerial photographs indicates the existence of a pond on the property. A wetland study needs to be performed to verify that this pond does not represent a wetland. b. The discussion of drainage needs to address stormwater management and the potential impact on a karst environment. c. The discussion of soils needs to be expanded to include a review of the karst geology and the potential for sink hole development. This condition is particularly relevant along the eastern property boundary. 3. Refer to page 4 of 4, Solid Waste Disposal Facilities: Indicate if the solid waste projection is presented as pounds per day or pounds per year. 4. Refer to the proffer statement, Site Development Item 2.2: The dedication right-of-ways should be sized to accommodate sufficient turning radii at the intersection with Shady Elm Road. The discussion indicates that "entrances to the said roadway will be located at a minimum of 400 feet apart". This statement raises the question, "apart from what?" Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: We have capacity and can provide sewer and water service to this site. Rezoning #08-07 — Artillery Business Center December 26, 2007 Page 3 Department of Parks & Recreation: No comment. Health Department: The Health Dept. has no objections as long as no septics or wells are proposed or existing. If any existing septics or wells are located, please call the Health Department for proper abandonment procedures. 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: The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Study of Civil War Sites in the Shenandoah Valley. The subject parcel is the site of the Route 651 House (DHR #1042), dated from circa 1880-1910 and representing a typical example of a vernacular I -House. This project also adjoins the Henry Carbaugh property (DHR 34-1040). The Henry Carbaugh House represents a typical vernacular Queen Anne -style dwelling constructed in the early twentieth century and still retains many elements of its original construction, as noted in Frederick CoupVirginia: History Through Architecture. Although neither of these two structures is listed as potentially significant by the Rural Landmarks Survey, mitigation of the impacts to these structures should be considered. In addition, a small portion of the property is located in the study area of the 1St Kernstown Battlefield. Although not located in the core area of the battlefield, attention should be given to the potential archeological significance of this property in the battle for Kemstown. The application states that the applicant proposes to construct no more than 327,000 square feet of office space and no more than 327,000 square feet of warehouse space. The HRAB feels that this proposed development can address several issues prior to the rezoning of this property. If the property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: Archeological Survey and Documentation. The HRAB felt that there is a need to document the historic and archeological significance of the property based upon the proximity to the 1st Kernstown Battlefield area and the location of the historic structure on the property. The HRAB suggested documenting the house and any out -buildings for their historical significance including identifying past owners/occupants, building materials, architectural features, photographs of both the interior and exterior, etc. The HRAB also suggested a Phase 1 one archeological survey would be appropriate to determine the presence of any battlefield artifacts on the property. Attorney Comments: 1. In Proffer 2.2, at the end of the second sentence I would recommend that the following words be added"..., in the location shown on the Generalized Development Plan." 2. In proffer 2.3, it is not clear who makes the determination that an internal access road is "necessary". That should be clarified. Planning Department: Please see letter dated March 23, 2007, signed by Susan K Eddy, Senior Planner. Rezoning #08-07 — Artillery Business Center December 26, 2007 Page 4 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephens City 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. 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 - 11 Land Use The properly is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Southern Frederick Land Use Plan. The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The Southern Frederick Land Use Plan and the Eastern Frederick County Long Range Land Use Plan designate this area for industrial land use. The Plan recognizes the desire to provide for industrial uses along the CSX Railroad. The proposed M1 light industrial rezoning is consistent with the land use designation of the Comprehensive Plan. The application of quality design standards for future development is also an objective of the Plan; in particular, along business corridors. These include landscaping, screening, and controlling the number and size of signs. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. 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). Rezoning #08-07 — Artillery Business Center December 26, 2007 Page 5 The Eastern Road Plan of the Comprehensive Policy Plan and the Southern Frederick Land Use Plan calls for Shady Elm Road to be improved to a major collector road. In addition, a new east west major collector road connecting Shady Elm Road to Route I I is identified. The County's Eastern Road Plan further defines the appropriate typical section for these major collector roads as an urban divided four -lane facility. The construction of planned major collector road typical sections, as identified in the Comprehensive Plan, is not provided for by this application. 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 achieve a level of service C or better on the roads and intersections studied in the application's TIA. It is important to note that the County's Eastern Road Plan does not call for improvements to Springdale Road. Therefore, the Applicant should concentrate any efforts to address their transportation impacts on those roads and intersections identified in the Comprehensive Plan; in particular, Shady Elm Road, the new east west major collector road, and the intersection of Apple Valley Road and Route 11. Site Access and circulation The Comprehensive Plan generally provides for a limitation on the number of entrances that may be located along business corridors. Further, the Plan generally seeks to address pedestrian accommodations. No pedestrian accommodations have been provided internally to the project and, more importantly, along the projects frontage with the planned major collector roads. 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 Frederick County Engineer has referenced the potential for wetlands to exist on this site based upon the presence of an existing pond. Also, the Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design as this area is also known for karst topography. The property is the site of a historical house, the Route 651 House (DHR # 1042), dated from circa 1880-1910 and representing atypical example of a vernacular I -House. This project also adjoins the Henry Carbaugh property (DHR 34-1040). The HRAB suggested the following be considered to mitigate impacts on historic resources: the completion of an archeological survey and documentation of the property, and the completion of a Phase 1 archeological survey to determine the presence of any battlefield artifacts on the property. The application does not presently address the comments provided by the HRAB. Rezoning #08-07 — Artillery Business Center December 26, 2007 Page 6 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application evaluated two scenarios. Scenario A assumes the existing road network with development access to be provided via a single site driveway located on Shady Elm Road. Scenario B assumes, in addition to Scenario A, direct development access to Route 11 via a future roadway link planned over the existing railroad and through the proposed Renaissance Commercial Center. The TIA assumed 326,700 square feet of office use and 326,700 square feet of light industrial use. This was generally consistent with the proffered square footage limitation on the use of the property based upon a 0.25 FAR. However, concern has been raised regarding the trip generation figures used in the TIA. As a result, the inaccuracy of the trip generation figures brings into question the conclusions provided in the TIA. Using trip generation figures from the TIA, the proposed rezoning is projected to generate 3,562 average daily trips (ADT). An addendum to the TIA, dated September 12, 2007, was provided which reflected a change in the land use and FAR. The proffered square footage limitation has been increased to a 0.4 FAR. As a result, the TIA assumes 511,395 square feet of light industrial land use and 511,395 square feet of warehousing resulting in a trip generation of 5,950 average daily trips (ADT). Concerns remain with the TIA, in particular with the land uses used and the trip generation numbers. The TIA may not represent the most intensive use of the property enabled by the M1 zoning or the proffered square footage limitations. The addendum to the TIA continues to indicate that, with the exception of the intersection of Route 11 and Springdale Road, Level of Service C conditions or better will be maintained on study roads and intersections with the following improvements. A level of service D is identified at Route 11 and Springdale Road during Scenario B. 1. The proposed signalization of Springdale Road and Route 11, Scenario A (not a desirable avenue for industrial development traffic). 2. Improvements to the intersection and signalization of Apple Valley Road and Route 11. 3. Improvements to the intersection and signalization of Renaissance Driveway and Route 11 (Scenario B). 4. Improvements to the intersection and signalization of Site Driveway and Shady Elm Road (Scenario A). 5. Improvements to the intersection and signalization of Shady Elm Road and Apple Valley Road (Scenario A). The application fails to address the transportation impacts generated by the request as identified in the Applicant's TIA. Rezoning #08-07 — Artillery Business Center December 26, 2007 Page 7 Transportation Program. The Applicant's transportation program provides for right-of-way dedication along Shady Elm Drive (45 feet from centerline), construction of the widening of the northbound lane of Shady Elm Road, right-of-way dedication along the southern property line to partially accommodate an east west major collector road (80 feet in width), the design of a rural four -lane road to approximately the railroad bridge, the potential construction of a rural two-lane section (westbound lanes) of this road at such time a fourth building permit may be issued or a bridge crossing of the existing railroad is constructed by others, and a monetary contribution in the amount of $50,000 to the County for the design and construction of a railroad crossing. None of the above improvements identified in the TIA have been addressed by this application. In addition, the Applicant's transportation program does not provide for or advance the County's Eastern Road Plan element of the Comprehensive Plan. Bicycle and pedestrian accommodations have not been provided in the applicant's transportation program. B. Sewer and Water Water demand for the site would be approximately 29,350 gallons per day. Sewer generation is projected to be equivalent to the water demand at approximately 29,350 gallons per day. The Frederick County Sanitation Authority has stated that they have capacity and can provide sewer and water service to this site. The wastewater from this site would be directed to the Parkin's Mill Wastewater facility. C. 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 $5,000. The application also provides for a monetary contribution in the amount of $2,500 for the Sheriff's Office and $2,500 for general government purposes in an effort to address the impacts to these community facilities. 5) Proffer Statement — Dated December 26, 2006; revised through October 9, 2007. A) Generalized Development Plan The Applicant has provided a basic Generalized Development Pian which simply illustrates the proffered transportation improvements described in this report. B) Land Use The Applicant has limited the development of the property to a 0.4 Floor Area Ratio (FAR). The Applicant has proposed signage limitations along Shady Elm and the collector road. However, the limitation proposed may be in excess of those signage standards currently being proposed through the DRRS. Rezoning 408-07 — Artillery Business Center December 26, 2007 Page 8 C) Transportation This application has provided for additional dedication of right-of-way along Shady Elm Road and the widening of the existing northbound lane along the property's Shady Elm frontage. The application has provided for the dedication of an 80 foot right-of-way along their southern property line for a minimum of 1,100 feet. The Applicant has proffered the design of a rural four - lane divided collector road to connect with proposed Renaissance Drive. The Comprehensive Plan identifies this important road as an Urban our- lane divided road. This should be recognized in this application. The design of the bridge necessary to accommodate this road has not been proffered by the Applicant. Therefore, care should be taken when evaluating the value of designing a major collector road without understanding the design, and ultimately obtaining the approval by CSX, of the bridge necessary to accommodate the road. The construction of the westbound two lanes as a two lane rural undivided road is proffered for a minimum of 1,100 feet. Please be aware that the proffer only guarantees that this rural two lane section will be constructed prior to the issuance of the fourth building permit. There is no guarantee that there will be a fourth building permit for the property. Therefore, there is no guarantee that this road will be constructer. Any construction of this road by the Applicant is very questionable, and most certainly untimely with the development of this property. A second trigger is provided for the construction of 1,100 feet of this road as an R2, on the Applicant's property, which is at such time construction commences of a bridge over the adjacent railroad. However, no design or construction of the bridge crossing is provided by the Applicant. In lieu of the above, the Applicant has proffered a contribution to the County in the amount of $50,000 for the design and/or construction of a bridge over the railroad or for any other general transportation improvements as may be decided by the County. Presently, the County is not in the road building or bridge design business. It would be more appropriate for the Applicant to undertake this effort to secure the approval of a future bridge crossing, facilitate the future development of their property, and help mitigate the transportation impacts associated with the potential development of 58 acres of MI zoned land. The Applicant has proffered a limitation on the number of entrance providing access to the site to two from the east -west collector road and two from Shady Elm Road. In addition, the Applicant has proffered to one tree every fifty feet along Shady Elm Road, and the collector road. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000• The application also provides for a monetary contribution in the amount of $2,500 for the Sheriff's Office and $2,500 for general government purposes in an effort to address the impacts to these community facilities. Rezoning #08-07 Artillery Business Center December 26, 2007 Page 9 STAFF CONCLUSIONS FOR 11/07/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Southern Frederick Land Use Plan. However, the application does not fully recognize the transportation improvements identified for this area in the County's Eastern Road Plan. Further, the transportation impacts associated with this rezoning request, as identified in the Applicant's T1A, have not been mitigated by the Applicant. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/07/07 MEETING: Six citizens spoke during the public comments portion of the hearing; all but one citizen was opposed to the rezoning. Those who were opposed were primarily residents of Hedgebrook Hills and adjacent areas and most were unaware this area had been designated for industrial development when they purchased their homes. They stated that allowing industrial and commercial uses to encroach on the existing residential neighborhood would be aesthetically unappealing and would negatively affect their quality of life. They believed industrial zoning would set a precedent for additional rezoning, particularly on the Carbaugh property, and it would negatively affect the value of their homes. They expressed concern about increased traffic on local roads and the safety of neighborhood children. It was noted that existing local roads did not have the capacity to handle industrial traffic and Springdale Road was not wide enough for two vehicles to pass. The one citizen who spoke in favor of the rezoning was a partner in a local business on Prosperity Drive. He agreed Springdale was substandard and a satisfactory connector road was needed through this entire area; he believed this rezoning could supply that new connector. Planning Commission members did not believe the rezoning package was sufficiently complete for them to vote at this time. They commented that the transportation package needed additional work; some questioned why the applicant had no plans for improving the road base or width of Shady Elm Road. Commissioners believed there were ways this site could be developed into an attractive industrial park and be compatible with the residential community around it. They suggested a number of ideas that could be incorporated to enhance the package, such as: segregating sidewalks from the industrial area; utilization of expanded buffers, berms, and landscaping; and, addressing the standard of appearance by avoiding steel - framed structures with metal exteriors. In addition, Commission members disliked receiving proffer revisions on the same day as the public hearing because it did not provide them enough time to thoroughly review the document. A motion was made, seconded, and unanimously passed to table the rezoning application for 45 days to give the applicant additional time to enhance the rezoning package and to allow the Con-unission the opportunity to review the revised proffers. (Commissioner Manuel abstained from voting.) Rezoning 908-07 — Artillery Business Center December 26, 2007 Page 10 STAFF UPDATE FOR 12/19/07 PLANNING COMMISSION MEETING: In response to the input the Applicant received before, during, and after the November 7, 2007 Planning Commission meeting, a revised proffer statement dated November 15, 2007, including a revised generalized development plan and proffered exhibit was submitted for the Planning Commission's consideration. Previously, the Applicant had modified their proffer statement in a version dated 11/06/07 which generally included transportation related changes. This effort was the result of a significant amount of communication and cooperation between staff, VDOT, and the Applicant and generally went a long way towards satisfying the outstanding transportation concerns associated with this project. As previously noted, the transportation proffer statement did not fully satisfy either scenario in the Applicant's TIA, rather it addressed elements of both scenarios modeled in the Applicant's TIA by attempting to deal with the longer term transportation solution while simultaneously offsetting the near term impacts. At your November 7 meeting, the Commission expressed additional concerns regarding the transportation impacts of this request. In the latest proffer statement, dated November 15, 2007, the Applicant has further modified the proffers in an effort to clarify the commitments they have made and to attempt to satisfy some of the concerns that have been expressed to date. In summary the Applicant has: o Modified their basic Generalized Development Plan to illustrate two land bays in addition to illustrating their proffered transportation improvements described in this report. The purpose of this is to provide an additional trigger for the construction of a portion of the east west collector road. • Included an exhibit, Exhibit A, which details the landscape buffers, hiker/biker facilities, and right- of-way dedication proffered in Section 3 of the proffer statement along both Shady Elm Road and the future east west collector road. • Added Section 3 to the proffer statement which describes the above exhibit and further describes that the Applicant will make available for future dedication to the County or State an additional area along Shady Elm Road twenty feet in width. This is beyond that area previously dedicated in Section 2.1. This area is in the area commonly set aside for the twenty five foot parking lot setback. Outside of this twenty foot distance buffer, the provision of a fifteen foot trail and landscaping easement is proffered, in essence resulting in a thirty five foot front parking setback. Please recognize that when this right-of-way dedication is implemented, the front parking lot setback along Shady Elm Road would be reduced to fifteen feet, less than current standards. • Added to the landscaping buffer the planting of four ornamental trees between each of the previously proffered one street tree for every fifty feet along the collector road frontages of the property. • hiker/biker trail along the collector road frontages of the property. Clarified the provision of a Rezoning #08-07 — Artillery Business Center December 26, 2007 Page 11 • Clarified the initial dedication of right-of-way along Shady Elm Road in the amount of twenty feet. This is the same amount as would be required to be dedicated as part of the subdivision process. • Clarified the triggers for the construction of the east west collector road. • Provided for the signalization of any intersection in the vicinity of the site with a monetary cap in the amount of $200,000.00, or an equivalent cash contribution in the amount of $200,000.00 for general transportation improvements in the vicinity of the site. • Reduced the monetary contribution for the design and/or construction of a bridge over the railroad or other improvements from $50,000.00 to $25,000.00 while maintaining flexibility with the application of these monies for the design and/or construction of the future east west collector road or any other transportation improvements deemed necessary by Frederick County or VDOT. • Included a proffer stating that the property shall contain a minimum of three users upon final build out. • Provided for a monetary contribution in the amount of $5,000.00 for improvements to Star Fort and proffered to complete a survey documenting any historical structures on the property in general accordance with the guidelines of the Department of Historic Resources. Please recognize that no limitation of the specific uses has been proffered out nor have any restrictions been placed on the size and scale of the buildings or uses. The minimum of three users proffer provided is extremely flexible and should be carefully evaluated. The Planning Commission previously expressed concern regarding large warehouse and distribution uses on this site. The County's targeted industries seek to maximize the available land uses from tax and revenue generation perspective. In relationship to the concerns expressed relating to the appearance of these developing business corridors and the buffering of the adjacent residential land uses, the net result of the modified proffer statement, above what would be required by ordinance, is the following; an additional ten feet in distance between the edge of the Shady Elm Road right-of-way and the parking lot resulting in a thirty five foot front parking setback, the street trees at a ratio of one tree for every fifty feet previously included in the proffer statement, and an additional four ornamental trees planted between each street tree. Staff has noted that a significant amount of landscaping has been proposed within a minimal 5' space between the proposed trail and the edge of the parking lot, in particular, when you take into consideration the parking lot landscaping required by ordinance. It may be more sustainable and offer a better buffer if the landscaping that is in addition to what is already required by ordinance (the Street and Ornairiental Trees) is placed in the 5' to 10' area immediately in front of the trail. This would appear to be achievable along the east west collector road, and if care is taken to locate this additional landscaping as close to the west side of the trail as possible, also along Shady Elm Road. Rezoning #08-07 — Artillery Business Center December 26, 2007 Page 12 STAFF CONCLUSIONS FOR 12/19/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning remain consistent with the Southern Frederick Land Use Plan. Careful consideration should be given to ensuring the Commission's satisfaction that the application fully recognizes the transportation improvements identified for this area in the County's Eastern Road Plan and mitigates the impacts of this request. In addition, the corridor appearance and buffering of the adjacent residential land uses should be accomplished to the satisfaction of the Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/19/07 MEETING: Following a lengthy public hearing at which twenty one citizens spoke, a motion was made and seconded to approve the rezoning; however, this motion was defeated by a majority vote. A second motion was made, seconded, and passed to table the rezoning application for 30 days to give the applicant additional time to address issues associated with this rezoning request. (Commissioner Manuel abstained from voting.) STAFF UPDATE FOR 01/16/08 PLANNING COMMISSION MEETING: The Applicant provided a revised Proffer statement dated December 21, 2007 in response to the issues raised by members of the Planning Commission and members of the public at the December 19, 2007 Planning Commission meeting. The following is a summary of the changes. • Proffer 1.4 has been increased to provide for a monetary contribution to the County of Frederick in the amount of $250,000.00 for off-site transportation improvements. This is a net increase of $25,000.00 from the previous proffer and consolidates the monetary contribution for transportation. • Proffer 2.1 has been changed to provide for the dedication of forty feet of right-of-way along the property frontage for Shady Elm Road. This results in the necessary eighty foot right-of-way for an improved major collector road and the required twenty five foot parking lot setback in compliance with Ordinance requirements. • Proffer 2.7 has been added which states that no warehouse -distribution facility greater than 200,000 square feet shall be constructed on the property within five years of the date of final rezoning. Obviously, this is temporary, short term approach to addressing this concern. • Proffer 3.1 pertaining to landscaping and trails has been modified to provide for a densely planted landscape screen consistent with the Zoning Ordinances standards for a landscape screen, in addition to the street trees planted fifty feet on center. This landscaping and a ten foot trail will be located within the twenty five foot parking lot setback adjacent to the right-of-way. • Proffer 4.1 has been modified to refine the materials for the building facades. Rezoning #08-07 Artillery Business Center December 26, 2007 Page 13 STAFF CONCLUSIONS FOR 01/16/08 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning remain consistent with the Southern Frederick Land Use Plan. The corridor appearance, buffering of the adjacent residential land uses, and right-of-way dedication has been addressed to meet the minimum expectations. However, the transportation improvements identified for this area in the County's Eastern Road Plan and the mitigation of the transportation impacts of this request should be recognized further. The transportation impacts associated with this request as identified in the Applicant's TIA have not been fully mitigated. March 23, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Proposed Rezoning of the Shady Elm Property Dear Patrick: COUNTY of FREDERICK Department of Planning a3 -.d Development 540/665-565 FAX: 540/665-6395 I have had the opportunity to review the draft rezoning application for the Shady Elm Property. This application seeks to rezone 58.74 acres of land from the RA (Rural Areas) District to the B3 (Industrial Transition) District. Staff's review comments are listed below for your consideration. 1. Comprehensive Policy Plan. The site is designated on the Eastern Frederick County Long Range Land Use Plan for industrial use. The site is within the Sewer and Water Service Area (SWSA). The site is within the limits of the Southern Frederick Land Use Plan. This small area land use plan calls for industrial uses along the CSX Railroad and specifically designates the site for industrial use. The proposed B3 rezoning is not consistent with the Comprehensive Policy Plan. The Shady Elm area north and south of Route 37 is a thriving industrial area, and its integrity should not be compromised with quasi -retail uses. While the B3 District can function as a transition between business and industrial areas, the Kernstown Business Park immediately to the east, which is Zoned B3, already serves as the transition between the retail uses along Valley Pike (Rotate I!) a.nd this planned industrial area. An M1 rezoning would be consistent with the Comprehensive Policy Plan. 2. Comprehensive Policy Plan. A number of road improvements in the vicinity of this site are called for in the Southern Frederick Land Use Plan. These include a new interchange of Route 37 at Shady Elm Road, Shady Elm Road upgraded to a major collector road, and a new east/west collector road connecting Shady Elm Road to Route 11. The County's Eastern Road Plan further defines these road plans. Shady Elm Road is to be improved to an urban four -lane divided section. This applicant will need to address any right-of-way needed for this road and also address any additional paving needed along their frontage. The new east/west collector road is planned to be an urban four -lane divided section. The applicant is encouraged to work with the owners of the 107 North Xent Street, Suite 292 . Winchesier, Virginia 22641-5090 Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of Shady Elm Property March 23, 2007 Renaissance Commercial Center, who will be constructing a section of the collector road east of the CSX railroad line, and work with the CSX to plan for the connection of the new road as it meets their property on the eastern border. The applicant should address any right-of-way and road paving associated with this road as it traverses their property. 3. Comprehensive Policy Plan. The Comprehensive Policy Plan calls for Level of Service Category C or better to be maintained on roads adjacent to and within new developments in the County. This application does not provide that expected Level of Service. See TIA comments below. 4. Comprehensive Policy Plan. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. These include landscaping, screening and controlling the size and number of signs. These design elements should all be addressed in this application. 5. Impact Analysis Statement — Proposed Uses. The application states the rezoning is for 327,000 square feet of office and 327,000 square feet of warehouse space. Unless a specific use and/or floorspace are proffered, the County will assume the maximum possible development as per the County's rezoning application (18,848 square feet of retail use per acre in the B3 District). The applicant will need to base all analysis, including the TIA, on these numbers unless the proffers ensure a lesser scale of development. 6. Traffic Impact Analysis. The proposed development trip generation in the TIA was based on office and light industrial floorspace. See comment #5 above on basing the TIA on the worst case scenario as called for in the rezoning application. Also, light industrial use is not allowed in the B3 District. While the County is supportive of i -Yid igtrial_ uses in this lr��atinn a TTA. for a B3 rezoning should not be based on light industrial use, which is not allowed in the B3 District. Since the application lists the proposed uses as office and warehouse, the TIA should reflect these uses. 7. Traffic Impact Analysis. As stated previously, the Comprehensive Policy Plan calls for Level of Service C or better. While this application would not be the sole cause of the poor levels of service, rezoning should not exacerbate existing or projected failing situations. The TIA lists three intersections where improvements are needed: A. Route lI/Springdale Road: Traffic signalization is required at this intersection. The application does not address this issue. Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of Shady Elm Property March 23, 2007 B. Route 11/Apple Valley Road: Additional northbound and southbound thru lanes are required. The application does not address this issue. C. Renaissance Driveway/Route 11: Traffic signalization and additional lanes are required at this intersection. A new traffic signal at the intersection of Route 11 and the new east/west collector road may be provided by the owners of the Renaissance Commercial Center. Liaise with this property Wainer on the rroposed lane configuration and the t;ming of the traffic signal.. The County's Eastern Road Plan does not call for improvements to Springdale Road. Therefore, the applicant should direct their efforts to solving transportation problems at the intersection of Route 11 and Springdale Road and, most importantly, to upgrading Shady Elm Road and providing a new collector road on their property. 8. Proffer Statement 2.1. As stated above, the applicant should be addressing not only right-of-way along Shady Elm Road, but should also be addressing the road improvements called for along their frontage. 9. Proffer Statement 2.2. The Eastern Road Plan calls for the new collector road to be an urban four -lane divided section. The applicant should be addressing half of this road section (with the adjacent property owner to eventually provide the other two lanes) along the entire southern property boundary. The 800 linear feet proposed only covers half of the boundary line. 10. Proffer Statement 2.2. For good access management, access to the site should be hinmnitedl to one access point on Shady Elm Road and un to two access points on the new collector road. The applicant is encouraged to consider limiting access to the site to these three points. 11. Proffer Statement 2.3. Staff assumes this would be a state road built to state standards. 12. Proffer Statement 2.4. Given that the land directly across Shady Elm Road is subdivided for future residential purposes, it would be beneficial to also include street trees along the frontage of Shady Elm Road. Page 4 Mr. Patrick Sowers RE: Proposed Rezoning of Shady Elm Property March 23, 2007 13. Other. Include a copy of the recorded deed and a survey or plat of the parcel. Please use the correct acreage of the site throughout the application. (Both 60 acres and 58.74 acres are used in this application.) 14. Adjoiners. The list of adjoining property owners was not included with this preliminary application. A complete list must be included with the rezoning. 15. 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, Stephens City Fire and Rescue Company, the Frederick - Winchester Service Authority and the Frederick County Attorney. 16. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of January 27, 2005. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, V �(' C, Susan K. Eddy, AICP Senior Planner SKE/bad cc: Venture I of Winchester, LLC, 827 Armistead Street, Winchester, VA 22601 .­ "--vovi vi Izvi.mxa) f/ IZ/ZUUI -- 3:13:13 PM REZ #T$ - 07 w Land lRe Map - - .. 1-1 1 - 1. - - rlvi Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. December 21, 2007 Mr. Michael Ruddy DEP, 2 Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Artillery Business Center Rezoning Application Dear Mike: Please find attached a revised Proffer Statement and supporting Generalized Development �J Plan (GDP) and landscape exhibit for the Artillery Business Rezoning Application. The revisions are intended to address issues raised by members of the Planning Commission and members of the public who spoke at the December 19, 2007 Planning Comis msion meeting. CORPORATE_ The modifications are as follows: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540.667.213 F 540.66.5. DAQ3 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 • The previous monetary contribution of $25,000 for bridge design and $200,000 earmarked for a traffic signal or other transportation improvements have been added together and increased into a single lump sum of $250,000 for offsite transportation improvements deemed necessary by -Frederick County and VDOT. • The previous 20 foot Right of Way dedication and 20 foot buffer/Right of Way reserveation area have been added together to become a simple 40 foot Right of Way dedication. Parking lots would be located a minimum of 25 feet from the Right of Way to comply with Ordinance requirements. • A material design palette has been added to stipulate that any building facades fronting Shady Elm Road or the proposed East-West Collector will be constructed exclusively of one or a combination of the following: cast stone, stone, brick, architectural block, glass, wood, dryvit or stucco. • The proffered landscape screen now provides for street trees located 50 feet on center as well as 3 trees per 10 linear feet (1/3 deciduous, 2/3 evergreen). These landscape elements will be placed on either side of the proffered hiker/biker trail within the 25 foot parking setback which will ensure the sustainability of the landscape screen. • Proffer 2.7 has been added to address building size and phasing for warehouse - distribution type facilities should one be located on the Property. This proffer limits any such users to a maximurn of 200,000 square feet in size for five years from the date of final rezoning. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Ham's Ru t & sociates Patrick R Owers REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) PROPOSED PROFFER STATEMENT RZ. # tl -07 Rural Areas (RA) to Light Industrial (M1) 58.7 acres +/-,- Tax /-;Tax Map Parcels 75-A-1 [the "Property"] Venture I of Winchester, LLC Venture I of Winchester, LLC Artillery Business Center December 26, 2006 L; , 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11/6/07;11/15/07;12/21/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised November 15, 2007 (the "GDP"), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriffs office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 4 Proffer Statement Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00 for the design and/or construction of the future East-West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be made within 60 days of issuance of the first Certificate of Occupancy for any structure located on the Property. 2, Site Development 2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. (See 1 on GDP) 2.2 The Applicant shall dedicate 80 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minimum of 1100 feet of a future East-West Collector Road as depicted on the GDP from Point A to Point B prior to issuance of the first building permit. The Applicant shall design said collector road from Point A to Point B as a Rural 4 Lane Divided (R4D) cross section. The Applicant shall then construct the ultimate two westbound lanes of the roadway for a minimum 1100 feet as shown on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) « Prior to issuance of the fourth building permit for the Property. « Prior to the issuance of a building permit for any structure located in Land Bay 2. « Prior to issuance of a certificate of occupancy for any structure located in Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. • Upon commencement of a bridge as shown on the GDP to facilitate the railroad crossing of the proposed East-West Collector Road. • Prior to December 31, 2013. 2.2.1 The Applicant shall construct a maximum of two entrances on the portion of the East-West Collector Road constructed by the Applicant as shown on the GDP. 2.2.2 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East-West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by 5144-24C of the Frederick County Code, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2 of 4 Proffer Statement Artillery Business Center 2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.6 The Property shall contain a minimum of three users upon final build -out. 2.7 No warehouse -distribution facility greater than 200,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. Landscape Buffers, Hiker/Biker Facilities, & Additional Right of Wad 3.1 Within the 25 foot parking setback between the proposed right of ways for Shady Elm Road and the East-West collector as required by g 165-27E(5) of the Frederick County Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, the Applicant shall provide a densely planted landscape screen as depicted by Exhibit A consisting of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as all elements of a landscape screen as defined by 5 165-3713(1) of the Fredvick County Code located between the proposed trail and any parking areas. 4. Design Standards 4.1 Any building facade fronting Shady Elm Road or the proposed East-West Collector shall be constructed of one or a combination of the following : cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. 4.2 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance/tenant directory sign along either Shady Elm Road or the proposed East-West Collector as a monument style sign that shall not exceed 30 feet in height. 5. Historic Resources 5.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building Permit. SIGNATURES) APPEAR ON THE FOLLOWING PAGE(S) 3 of 4 Proffer Statement Venture I of Winchester, LLC By: l f\A rt�!�, Date: 1 2- Artillery Business Center STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Theoregoing instrument was acknowledged before me this 2/ �'r day of -L)(xn 2007, by My commission expires I fA 2q-11 Notary Public "- 2 ��.� � tz� � � 3 '5 5 of 5 ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates, pc O vcn �, \o GENER4LlZE0 DEVEL OPMENT PLAN 117 F. Picad lly 5i. Winchester, Virginia 22601 Q VOICE: (540) 667-2139 FAX: (540) 665-0493 �I FREDERICK COUNTY, VIRCINIA SHADY ELM ROAD 3' HEDGEROW AS REQUIRED PER 165-27E(11)(a) 3 TREES PMNTED PER 10 LINEAR FEET (�3 DECIDUOUS, Z/s EVERGREEN) PARKING AREA o 11000 @Geese so r0' ASPIIALT TRAIL tp �\ STREET TREES 50' ON CENTER 40' RIX DEDICATION & NORTHBOUND LANE IMPROVMENTS EXISTING SHADY ELM ROAD (40' R/W) 25' PARKING SETBACK (MINIMUM) NOTE. - STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE EAST—QUEST COLLECTOR ROAD 3" BEDGEROW AS REQUIRED PER 165—Z7E(II)(a) 3 TREES PL4NTED PER 10 LINEAR FEET ('/s DECIDUOUS, '13 EVERGREEN) PARKING AREA 9 10' ASPHALT TRAIL BO' R/W DEDICATION & ROAD CONSTRUCTION STREET TREES 50' OJV CENTER 25' PARKING SETBACK (MINIMUM) NOTE. - STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVILED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE N,) ART/LEERY BUSINESS VENTER Patton, Harris, Rust &Associates, pc �O NS �O EXHIBIT A 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 Q \I! V FREDERICK COUNTY, VIRGINIA REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): ED PROFFER AATEMENT RZ.&�D `7 Rural reas (RA) to ight Industrial (M1) 58.7 acres / Tax Map Pyrels 75-A-1 [the "Property"] Venture/of Winchester, LLC Ven trire I of Achester, LLC Business December 26, 2006 2/6/07; 3/22/07; 8/1/07; 8/17/07; 11/6/07;11/15/07 0 F's � (� 1 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised November 15, 2007 (the "GDP"), and shallinclude the following: Moneta1y Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for bre and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 5 Proffer Statement Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $25,000.00 for the design and/or construction of the future East-West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT upon issuance of the first building permit. 2. Site Development 2.1 The Applicant shall dedicate 20 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. (See 1 on GDP) 2.2 The Applicant shall dedicate 80 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minimum of 1100 feet of a future East-West Collector Road as depicted on the GDP from Point A to Point B prior to issuance of the first building permit. The Applicant shall design said collector road from Point A to Point B as a Rural 4 Lane Divided (R4D) cross section. The Applicant shall then construct the ultimate two westbound lanes of the roadway for a minimum 1100 feet as shown on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) • Prior to issuance of the fourth building permit for the Property. • Prior to the issuance of a building permit for any structure located in Land Bay 2. • Prior to issuance of a certificate of occupancy for any structure located in Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. • e as shown on the GDP to facilitate the Upon commencement of a bridg railroad crossing of the proposed East-West Collector Road. • Prior to December 31, 2013. 2.2.1 The Applicant shall construct a maximum of two entrances on the portion of the East-West Collector Road constructed by the Applicant as shown on the GDP. 2.2.2 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East-West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct a traffic signal, not to exceed $200,000 in cost, at an intersection located within the vicinity of the Property within 180 days of receiving written notice from the County and VDOT. The County may also choose to accept a monetary contribution of $200,000 for general transportation improvements within the vicinity_ of the site in lieu of the aforementioned traffic signal construction. The Applicant shall contribute the $200,000 monetary proffer within 60 days of receiving written notice from Frederick County and VDOT after issuance of the first certificate of occupancy for any structure on the Property. If no written notification from the County and VDOT has been provided within. 10 years from the date of 2of5 Proffer Statement Artillery Business Center final rezoning, the Applicant shall contribute the monetary contribution of $200,000 to the County for general transportation improvements within the vicinity of the site and shall not be responsible for the aforementioned signal construction. 2.4 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by §144-24C of the Frederick County Code, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.6 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.7 The Property shall contain a minimum of three users upon final build -out. 3. Landscape Buffers, Hiker/Biker Facilities& Additional Right of Way 3.1 The Applicant shall provide a 20 foot distance buffer as measured from the proposed right of way dedication for Shady Elm Road as depicted by Exhibit A. The Applicant shall make any area within the 20 foot buffer available for public right of way at no cost to the County or VDOT should any transportation improvements necessitate the use of the buffer area for right of way purposes. Additionally, the Applicant shall provide a 15 foot landscape easement between the aforementioned distance buffer and any future parking. Said 15 foot landscape easement shall include a ten foot asphalt trail constructed to Parks and Recreation Standards as well as a five foot landscape strip which will include street trees planted a maximum of 50 feet on center with four ornamental trees planted 10. feet on center between each street tree as depicted by Exhibit A. Building and parking setbacks from Shady Elm Road shall be provided from the right of way boundary in existence at the time of each site plan submission. 3.2 Within the 25 foot parking setback provided from the proposed 80' right of way for the East-West Collector as required by § 165-27E(5) of the Frederick County Code, the Applicant shall provide a 10 foot distance buffer, a 10 foot asphalt trail constructed to Parks and Recreation standards, and a 5 foot landscape strip will include street trees planted a maximum of 50 feet on center with four ornamental trees planted 10 feet on center between each street tree as depicted by Exhibit A 4. Design Standards 4.1 The Applicant shall incorporate one or a combination of the following construction materials into any building facade fronting Shady Elm Road or the proposed East- West Collector: cast stone, stone, brick, glass, wood, stucco or other high-quality, long lasting masonry materials. By definition, standard, smooth -faced cinder block shall not be considered a high quality, long lasting masonry material. 4.2 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance/tenant directory sign along either Shady Elm Road or the proposed East-West Collector as a monument style sign that shall not exceed 30 feet in height. 3 of 5 Proffer Statement 5. Historic Resources Artillery Business Center 5.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) 4of5 y'rojfer Statement Venture I f i chester, LLC By: Date: f iLA STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: lir1wery iusiness i-eruer The foregoing instrument was acknowledged before me this Z5 day of Ald i r&�%�%' , 2007, by DA a- My co ssio spiresFGb ��;; f�) 4 Notary Public- ,Q 1 �c�s rs '! C-1 '7 5 of 5 October 2007 Artillery Business Center INTRODUCTION The 58.7 acre Artillery Business Center is comprised of a single tax map parcel identified as 75-A-1. The Property is located adjacent to Shady Elm Road just South of Route 37 with access provided to Route 11 by Apple Valley Road to the North and Springdale Road to the South (See Figure 1). Currently, the subject acreage is zoned RA (Rural Areas) but bounded to the North and West by property zoned M1 (Light Industrial) with property zoned B3 (Industrial Transition) bounding the project site to the East (See Figure 2). The Property is located wholly within the Sewer and Water Service Area (SWSA). Recently, Frederick County approved revised boundaries for the Urban Development Area (UDA). Originally, the subject property was located within the UDA. With the adoption of the revised UDA boundary, however, the Property is now located outside of the UDA. The Comprehensive Policy Plan identifies that areas located outside of the UDA but within the SWSA boundary ate intended for commercial and industrial uses. This application seeks to rezone the Property from RA (Rural Areas) to the M1 (Light Industrial) zoning district in an effort to integrate the site with the surrounding area, particularly those properties along Shady Elm Road to the north. Rezoning the Property from its current residential /agricultural designation to the light industrial zoning classification will provide for an increasingly viable industrial node that accommodates the County's future land use and transportation goals while bolstering the County's tax base. COMPREHENSIVE POLICY PLAN The Eastern Frederick County Long Range Land Use Plan (EFCLRLUP) identifies industrial as the intended land use designation for the Property and the surrounding area to the North. The site is also located within the boundary of the Route 11 South Land Use Plan. This small area land use plan does not identify an intended land use for the Property but instead simply indicates its current RA zoning designation. As such, the EFCLRLUP can be considered the guiding document regarding the intended land use for the Property. The proposed M1 (Light Industrial) zoning designation would be in keeping with the intended land use identified by the Comprehensive Plan. ACCESS AND TRANSPORTATION Currently, access to Route 11 is provided by Shady Elm Road's connection to Apple Valley Road to the North and Springdale Road connecting Shady Elm Road with Route 11 to the South. The majority of project generated trips will travel north through the existing industrial area fronting Shady Elm Road. The adopted Eastern Road Plan includes a collector road located just South of the subject property that wil> connect Shady Elm Road with Route 11. This future connection would allow commercial and industrial traffic to avoid using Apple Valley and Springdale Roads as a means of access to Route 11 from Shady Elm Road. The recent Master Development Plan for the Renaissance Commercial Center Property which is located east of the railroad tracks from the subject site has provided the alignment for this planned roadway from Route 11 to the railroad. The Applicant has proffered to design a four lane divided roadway from Shady Elm Road to the planned roadway within the aforementioned Renaissance Commercial Center. The road design would incorporate a 1 of 4 FIGURE 1 rluuKt October 2007 Artillery Business Center vertical alignment that would accommodate the future bridge that will be needed to cross the railroad tracks. The Applicant has proffered a monetary contribution of $50,000.00 for the design and/or construction of this bridge. The Applicant will 80 foot right of way dedication along a portion the southern property line and the construction of a two lane section of the collector for a minimum distance of 1,100 feet to implement the roadway on the west side of the railroad. The Eastern Road Plan also calls for Shady Elm Road to be a major collector. The Applicant has proffered sufficient right of way to along the Property's frontage with Shady Elm Road and also proffered to widen the existing northbound lane of Shady Elm Road to a width of 24 feet to accommodate the two future northbound through lanes. A traffic impact analysis (TIA) was prepared for this application using composite data. collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7`h Edition, the TIA projects that the proposed development will produce 5,950 vehicle trips per day (VPD). The TIA uses two scenarios to analyze the impact of the proposed rezoning on the subject area street system. Scenario A assumes access is provided by the existing road network with Apple Valley Road providing access to the North and Springdale Road providing access to the South. Using this scenario, 80 percent of the trips would utilize the northern connection where Shady Elm Road meets Apple Valley Road with the remaining 20 percent of the trips utilizing the Springdale Road -- Route 11 intersection. The identified improvements needed to keep the transportation system operating at a Level of Service (LOS) C or better include the following: - Additional northbound and southbound through lanes for Route 11 at Apple Valley Road. - Signalization of Springdale Road — Route 11 Intersection - Signalization of Apple Valley Road — Shady Elm Road Intersection Scenario B assumes access provided by the future connection of Shady Elm Road directly to Route 11 asintended by the Eastern Road Plan. This scenario will serve as the ultimate transportation plan for the subject site as the roadway is currently being planned and provided for on the nearby Renaissance Commercial Center. Under Scenario B, the same improvements found under Scenario A would be needed where Route 11 intersects Apple Valley Road and Springdale Road. In addition, a signal would be needed at the intersection of the new collector road and Route 11. All improvements to this intersection with the exception of an additional northbound through lane are provided by the proposed Renaissance Commercial Center MDP. While the Applicant recognizes that the proposed development would yield increased traffic at the subject intersections, it is important to note that background traffic alone, with the exception of the Apple Valley — Shady Elm intersection, would result in a Level of Service (LOS) that is less than the specified "C" threshold as identified as the goal by the Comprehensive Plan. The Applicant is implementing a road connection between Shady Elm Road and Route 11 which will help mitigate traffic congestion at both the Springdale Road and Apple Valley Road intersections with Route 11. ENVIRONMENTAL FEATURES The site does not contain conditions that would preclude or substantially hinder development activities. The Property does not contain any areas of steep slopes, stream channels, flood plain, or 2 of 4 October 2007 Artillery Business Center wetlands. Verification of wetland data would be provided through a wetland delineation which would be required and completed during the master plan phase of the development process. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Frederick-Poplimento-Oaklet soil association. Such geology is prevalent on land located West of Interstate 81 and accommodates commercial and industrial development as evidenced by development on surrounding parcels. Drainage leaves the site to the East where it meets a drainage divide which directs drainage approximately 3,000 feet South into Opequon Creek. A lack of steep slopes on the 58.7 acre site result in little to no issues associated with drainage (See Figure 3). The site is underlaid by karst geology. During design of on site improvements, proffered geotechnicial studies will be completed to ascertain if there are areas of concern. The final design will reflect measures to address any critical geologic features discovered. SEWAGE CONVEYANCE AND WATER SUPPLY Water service can be provided to the Property by two different scenarios. The first option is to connect to the existing 8" water main on Prosperity Drive, east of the site. The second option is to connect to the existing 12" water main in the Dawson Industrial Park. Assuming a water consumption rate of 500 gpd/acre, water demand for the site would be approximately 29,350 gallons per day. Sewer service would be provided to the site by connection via force main to tap into the existing 6" force main at the Dawson Industrial Park. Sewer flows would be roughly equivalent to the projected water consumption of 29,350 gallons per day. SOLID WASTE DISPOSAL FACILITIES The following table shows a projection of solid waste generation as a part of this project. Development Type-- Area (Square ft Waste Generation Total Waste lbs Light Industrial/Warehouse 1,022,790 .01 lbs/s .ft. .-.r... 10,228 -in 11110 M- IA,.__ Solid waste would be transferred by private carrier and deposited at the County landfill. HISTORIC SITES AND STRUCTURES It is noted that the Frederick County Rural Landmarks Survey identifies two older structures within the vicinity of the site (See figure 4). One of the structures, identified as "The House off Route 651" (#34-1042), is located on the Property but is not listed as potentially significant. Figure 5 includes an up to date photo of the house. The adjacent property to the South includes the Carbaugh House (#34-1040). Figure 6 depicts a current photo of the Carbaugh House which is located approximately 1/3 mile south of the subject Property. 3 of 4 ov f N, L J f �j IQ) J J L/ J f Q -j / if ,r -`,Q �� ' �^\ '�'`.'-�-� '�`�/' / j' �'1 --'/rte - SHADY ELM Patton, Harris, Rust & Associates, pc 1-9 SITE DRANAGE 117 E. Picodilly St. Winchester, Virginia 22601 Cb VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY VIRCINIA I IGUNE ribur\t Jd��'wWdli9*4£7�n4Z4 w- P��• ' • ji ��'�;'"'•1 ,1 � ,. ``tea€•" �c"�' �� '", r+. * �+'a �y -.., _ t d `!t �. r%��° F % '� ,r^�"�� °i+' r M•� y'�, ;� - 4 � .x r��' �,�..,`,a.�',F 4.s_l'i::r:.ier�� �� -•• ii '� �° . so- _ • . ,� � _ � � �-a a.:�e`•-r � , '� •�f. :: •+,� a.4+ `�' t�,<� � No- � r� A v a Ip 'y ,- 4 -. r L£pr!"t4'r, IC�:'.r ��• y.• . K n �"4►�F11 rA • , , �'. �"4,I.. r' _ _ 4a►E.' ... .,�P+�°.�,-}�..s�' �y� .lam - �1 3P 3 :., 4L'rt�s ^X ; P�,' J:s`'' ". f sr -x � �� 1.,.. `.�i� .- y�,► sr r,: e v A' IWO tN "C JAL /-f NoL �w. j � :; - yam•,,.++' .. � .f�sr �-'�.•�,, j' f: ' z ..aw October 2007 Artillery Business Center The National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia indicates that the subject site is located well outside of any core battlefield areas. Figure 7 and Figure 8 depict the Property location with respect to the First Kernstown and Second Kernstown Battlefield. As labeled on each of the battlefield exhibits, the land use along Shady Elm Road has been modified substantially since the 1991 study. As existing development separates the Property from the identified core battlefield for First and Second Kernstown, development of the site would not pose any detrimental impacts to viewsheds or interpretative quality of the battlefields. IMPACT ON COMMUNITY FACILITIES The industrial uses proposed as with this rezoning results in a net positive fiscal impact for Frederick County. 4 of 4 I Ex. 801 f4 Oji`•: - •"i f ii%lii:i ii%'i:?. iii: + 'l: I ::t;.i.•:::.+:Yi?I%`j?- U'- L --•J.."• ^ P :F li: t'I �i :il :'I �: "li ;tai?:•:•:,.;::...'' ', 4til ��;-' i�-a} :;;SiF'...,.: ,L• _ :i �.;:< I>i• ,:i!ii'j af: ' 7�. •:i is �iiY•t:f,::!i:j: 1 •i,. I.y'�tiy�� }� .. .. � :. � � . �i=iii :i{ji:.• : Yj::'!ii'r:ji °il! 51[; �•I. '�_'�,•, fi ?�. q:;:;__I; I;:'::iE!.,•: l . f%i iii �Liyititi'.��:'ili] ii`i:i iiii: a._.�'. --,•.•.•:•.:. .?`'':;lis: i:.•:;iii •r;• �;f¢-!:' `k,. •�I�'�i:�j::;>::::�s� ..,. ..11. • ;,. :.,;, - ci;l, i' • y il�ii``:'4iia;::is iF?2:iiii!: i:ic jil ii':'? •. i' - _•`:— �;,:: %i ��!:. •1,: i%I':.•�•� r'd r�.stribu i•d` Center .;1+!;i;ici•!jj_'iiiiii:l ,�ii:;i 'ii:!=E:ij" .i :• .i_ � ;�' •Y.:....,[.......... - ,f•t.:d,ui1.:-;t1i,..ii;l '.,;iji fiiF - •�i•..: ;-r,�ayY. `�,y tl:i!i;ir�t I ! : ,'1:::� • 'i;ijii;iji:• •`;r• , •. t'"" S�,( f`, • : ... •• — ii"it;i• Itt; ;•i:•;1't•p0i. .,K '. :ri0.'•;:a- d. •: 1i.: °, ,:,i.,.•.,,,..r Dawson Ihdurial,'.a••k j:;;iii: , •j s i::;r• _:j:::' ! ; i:j'iir. i i ' Irii�`�I. ;! �% •'ti �'iii�:- {ii;i`3{E Indi?strial Use •~�'F�li:`�li�' •i!i1i; iS: 1t.ij6, '-•' Industrial P&k PROJECT 5/TE �.II 1 6,11.1 I:1 •+ •• `� �.—ate.. U .. . 1 r i - Y Retained integrity Lost Integrity Study Area Boundary Gore Area Eouridary Roads , c„,`'4.: f. '•� _: Y° :.._ • , Streams and Rivers ' -- County or City Boundary miles SHADY ELM �b LOCATION MAP oCb SECOND KERNSTOWN BATTLEFIELD V fREDERICK COUNTY, j9RGIN!A Patton, Harris, Rust & Associates, pc 117 E. Picadilly St Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 FIGURE 8 Patton Harris Engineers. Surveyors. P H Rust & Associates, Inc Planners. Landscape Architects. 10212 Governor Lane Blvd, Suite 1007 Williamsport, Maryland 21795 Phone: 301.223.4010 Fax: 301.223.6831 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: Lloyd Ingram VDOT — Edinburg Residency Michael Glickman September 12, 2007 An Addendum to: A Traffic Imbact Analysis of the Lvnch-Shady Elm Road Rq eo, dated November 29, 2006 14846-1-1 Per your request, Patton Harris Rust & Associates (PHR+A) has prepared this document as an addendum to: A Tr zc Impact Anal.ry it of the Lynch -Shad y Elm Road Properl , by PHR+A, dated November 29, 2006. The purpose of this document is to present a revised traffic impact analysis due to modifications in proposed land use and change in FAR (Floor Area Ratio) from 0.25 to 0.4. The revised development includes 511,395 square feet of Light Industrial and 511,395 square feet of warehousing. PHR+A has provided traffic analysis for 2010 build -out conditions. All methodology and existing & background conditions remain consistent with the aforementioned November 29, 2006 report. 2010 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data, a growth rate of 5% and 2% was calculated and applied to Route 11 and Apple Valley Road, respectively, to obtain the 2010 base conditions. PHR+A has prepared analyses for two (2) alternative future roadway network scenarios: Scenario A assumes the existing roadway network with development access to be provided via a single site -driveway located along Shady Elm Road (opposite Soldiers Rest Lane) and no direct access to Route 11; Scenario B assumes, in addition to the site -driveway described under Scenario A, direct development access to Route 11 via a future roadway link planned through the proposed Renaissance Commercial Center. Additionally, PHR+A included specific future developments located within the vicinity of the proposed site. Using the 7t1i Edition of the Institute of Transportation Engineers' (ITE) Trig Generation Ref_ort, PHR+A has provided Tables 1a thru 1f to summarize the 2010 "other developments" trip generation. Figure 1 shows the location of the background developments with in the vicinity of the proposed development. Figures 2a and 2b show the 2010 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network during Scenarios A and B, respectively. Figures 3a and 3b show the respective 2010 background lane geometry and AM/PM peak hour levels of service during Scenarios A and B, respectively. All HCS+ levels of service worksheets are included in the Appendix section of this report. Page 1 of 18 Patton Barris Rust & Associates, Inc Ad d e n d u m Page 2of18 Table la 2010 "Other Developments" - Kernstown Commons Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT Kernstown Commons (From Limited Access Break Report dated February, 2006) 138 414 552 71 701 310 Hotel 120 rooms 31 20 3 51 14 38 129 33 194 324 2,453 444 Theater w/ Mat. 16 screens 11 56 142 271 294 565 6,134 820 Retail 85,500 SF 87 97 97 194 129 129 258 3,594 853 Convert. Mart w\pumps 4,250 SF 868 1,669 43 80 80 160 895 912 Drive-in Bank 3,500 SF 24 19 69 40 26 66 763 932 H -T Restaurant 6,000 SF 36 33 46 27 17 44 509 932 H -T Restaurant 4,000 SP 24 22 69 40 26 66 763 932 HJ Restaurant 6,000 SF 36 33 69 40 26 66 763 932 H -T Restaurant 6,000 SF 36 33 186 63 58 121 1,736 934 Fast Food w/ DT 3,500 SF 95 91 553 988 890 847 1,737 19,130 Total 477 407 884 856 882 1,738 18,310 *Total Pass By: 25 25 50 62 62 124 1,459 Total "New Trips": 1 452 382 833 794 820 1,614 16,851 *Pass By trips are fifteen percent (15%) of total retail development and Convenience Mart Table lb 2010 "Other Developments" : Crosspointe Center Development (Phase 2) Trin Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 210 Single -Family Detached 775 units 138 414 552 435 245 36 679 109 7,750 1,740 230 Townhouse/Condo 200 units 15 74 89 73 4 10 348 253 Elderly Housing - Attach 100 units 4 3 7 171 6 31 150 180 1,224 710 Office 90,000 SF 151 236 21 151 386 801 868 1,669 17,673 820 Retail 440,000 SF Total Tris 544 661 1,205 1,346 1,302 2,648 28,735 Total Internal 80 80 159 330 330 660 6,954 Total Pass -by 29 29 58 125 125 250 2,651 Total "New Trips" 435 553 988 890 847 1,737 19,130 Table lc 2010 "Other Developments": Volvo Car Delarship Trip Generation Summary AM Peak Hour PM Peak Hour ADT Code Land Use Amount In Out Total In Out Total 841 Car Sales 23,446 SF 36 12 48 27 43 70 782 Total Trips 36 12 48 27 43 70 782 Engineers 9 Surveyors o Planners 9 Landscape Architects Patton Harris Brest &/associates, Inc Addendum Page 3 of IS Table Id 2010 "Other Developments" : Ryland/Russell Property Trip Generation Summary Table le 2010 "Other Developments": Villages at Artrip (Phase 2) Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 110 Light Industrial 470,448 SF 410 56 466 61 448 509 3,412 210 Single -Family Detached 233 units 43 129 173 145 85 230 2,330 230 Townhouse/Condo 123 units 10 51 61 48 24 71 1,070 820 Retail 156,816 SF 125 80 205 404 438 842 9,098 Total 588 316 904 658 995 1,653 15,910 Table le 2010 "Other Developments": Villages at Artrip (Phase 2) Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT Land Bay A 35 123 158 736 820 Retail 117,612 SF 105 67 173 334 362 697 7,546 210 Single -Family Detached 102 units 20 60 81 69 40 109 1,017 230 Townhouse/Condo 438 units 29 140 168 135 67 202 3,811 820 Retail 10,000 SF 24 15 39 66 71 137 1,520 Land Bay B 210 Single -Family Detached 37 units 9 27 36 28 16 44 373 Land Bay C 488 Soccer Complex 3 field 2 2 4 43 19 62 214 Total Trips 84 244 328 340 214 554 6 935 Total Internal 1 1 2 16 16 31 107 Total "New Trips" 83 243 326 325 198 523 6 828 Table if 2010 "Other Developments": Renaissance Commercial Center (Scenario B only) Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 110 Light Industrial 120acres 70 14 84 35 123 158 736 820 Retail 117,612 SF 105 67 173 334 362 697 7,546 Total 175 82 257 369 486 855 8282 Engineers A Surveyors • Planners • Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 4 of 18 No Scale Figure 1 Location Map - 2010 Background Developments Engineers • Surveyors • Planners e Landscape Arcnizeczs Patton Barris Rust & Associates, Inc Addendum Page 5 of 18 No Scale �8J 'Pa (jJQlIAO�A 17 (63) ** o J I1 aa. as 4° Sraa� J- b ti A est e r2 dne (96)76m jA O} (180)96 % d . % %�' p 1Y q N SITE �� gryo �a! cA Il !r► Jy /pn' �I h� b n q AM Peak Hour (PM Peak Hour) nT TP+A _ --- Figure 2a 2010 Background Traffic Conditions (Scenario A) Engineers o Surveyors a planners a Landscape Architects Patton Barris Rust & Associates, Inc Addendum Page 6of18 AM Peak Hour (PM Peak Hour) Figure 2b 2010 Background Traffic Conditions (Scenario B) Engineers • Surveyors 9 Planners • Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 7 of 18 l� W � signalized NO Scale r Intersection g Overall LOS B(ll) (o)Cr� 3 � �A� v o J, a �r2 F Signalized ' Suggested So° InLersectib/t Improvements" LOS=B03) NB&SB-1'Phm Jo A ryJ9 e (C)L� *Q `SIVE II s rf °yd 3�I �dJ a� AAM Peak Hour (PM Peak Hour) Denotes Critical Left -turn Movement Figure 3a 2010 BackgrOund .ane Ge-cmetr j' and I�e`v'e' i o Service ivar e-ai iv A" Engineers a Surveyors 9 Planners r Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 8of18 q q Signalized Intersection Overall LOS C(F) No Scale y w a J -AA" 9,OA� ` 11 11 a� 4 �� ma F o Signalized "Suggested roa D Intersection Improvements" 44 Sr 4om LOS=B(C) NB & SB - I Thru 1� Ci Sr �ji � ) It r� �r 9 J� ;fir % Signalized "New Intersection" SITE E-Intei5Cf ion EB & WB - New Le NB -1 thru, l left *� $ . 11 LOS=B(B) SB - 1 thru, l Right r� of ffrrkra�r � - Q J ay r rway s 11 r� 8darr� �� °ad fb) cl AM Peak Hour (PM Peak Hour) _PT JQ n * Denotes Critical Left -turn Movement Figure 3b 2010 Backl4round Lane Geometry and Levels of Service (Scenario B) Engineers • Surveyors • Planners • Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 9 of 18 TRIP GENERATION Using the 7`'' Edition of the Institute of Transportation Engineers' (ITE) Tris Generation Re -ort, PHR+A has prepared Table 1 to summarize the trip generation for the proposed Lynch -Shady Elm Road Property development. Table 1 Proposed Development: Lynch - Shady Elm Road Trin Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 110 Light Industrial 511,395 SF 452 62 514 68 500 568 3,718 150 Warehousing 511,395 SF 217 48 265 59 178 237 2,232 Total 669 109 779 127 677 805 5,950 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of revised trips for Scenario A and Scenario B, shown in Figures 4a and 4b, respectively, remain consistent with the November 2006, study. Figures 5a and 5b show the respective revised development -generated AM/PM peak hour trips and ADT assignments. 2010 BUILD -OUT CONDITIONS The Lynch - Shady Elm Road development assigned trips (Figures 2a and 2b) were added to the 2010 background traffic volumes to obtain 2010 build -out conditions. Figures 6a and 6b show the revised 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area during Scenario A and Scenario B, respectively. Figures 7a and 7b show the corresponding 2010 build -out lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. Engineers o Surveyors • Planners a Landscape Architects Patton Barris (Rust & Associates, Inc Addendum Page 10 of 18 CONCLUSION Per HCS+ analysis results, assuming suggested improvements, all intersections will maintain overall levels of service "C" or better during 2010 build -out conditions for Scenario A and Scenario B, except the intersection of Route 11 /Springdale Road. The aforementioned unsignalized intersection will maintain levels of service "D" during Scenario B. The signal warrants will not be met for this intersection during Scenario B. The following describes the suggested roadway improvements for each of the study area intersections as shown in Figures 7a and 7b. • Route 11 /Springdale Road: Traffic signalization will be required during 2010 build -out conditions for Scenario A. The signal warrants for this intersection will not be met during Scenario B. • Route 11 /A112le Valley Road: An additional northbound and southbound thru lane will be required during 2010 build -out conditions for Scenario A and Scenario B. ® Renaissance Driveway/Route 11: Traffic signalization along with an additional northbound thru lane, northbound left -turn lane, an additional southbound thru lane and a southbound right -turn lane will be required during 2010 build -out conditions for Scenario B. • Shady Elm Road/Site Drive#1: Traffic signalization along with a westbound right -turn lane will be required during 2010 build -out conditions for Scenario A. • Shady Elm Road/Apple Valley Road: Traffic signalization will be required during 2010 build -out conditions for Scenario A. NOTE: Intersections where signalization is suggested in order to meet the Frederick County level of service requirement must satisfy signal warrants as outlined in the Manual on Uniform Traffic Control Devices (MUTCD) prior to installation. Engineers • Surveyors o Planners a Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 11 of 18 No Scale ee Figure 4a Trip Distribution Percentages (Scenario A) Engineers a Surveyors a Planners • Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 12 of 1S No Scale : g m ": + iiiii*i^viDPr�Pnta6PC Nwenario Rl Figure 4b, rid �,�S�r wb� Engineers 9 Surveyors o Planners a Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 13 of 18 No Scale G�AAIP r� a �a4A-0 jxrw402(36) roa 9 A q,1¢ryb '%L 11 rro ` Op J S L 'Voda roa w` Sr 0 N r (203)33 (203)33 y� 1 22rj3s J 11 SITE u b Sn? a�P _ 6 "1~ ti L AM Peak Hour (PM Peak Hour) n -D+ A Figure Ga Develo ment_Generated Trite Assignments (Scenario A) !Engineers • Surveyors e Planners • Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 14 of 18 a PyA�'lr N `I No Scale lA 1P� (135)22 `�°IQ. ry�1 1'S1bg1ry (34)5 ? qA «� �Iro 0 S�roj b oTa 4 S�aa� n14,'°ro �eS`L �e Sfe �nL SIjrE ti d b b AM Peak Hour (PM Peak Hour) n P+A - __U "N-1 V Figure 5b Development -Generated Trip Assignments (Scenario B) Engineers • Surveyors m Planners e Landscape Architects Patton Harris Rust & Associates, lett Addendum Page 15 of 18 No Scale �,?�j2Pd Q�50(145 575(13 ) a :11 1P r 01V a e-° Sr ,y e n fp O 1 b tiry ��1 Opti � 1/ A ogwftp (30 4 1 9ft*4� 9 ' iSITE o� N� ^ice Pio rl��J2o v � �3 b•~b� AM Peak Hour (PM Peak Hour) iLU PT _P+A Figure 6a 2010 Build -out Traffic Conditions (Scenario A) Engineers a Surveyors © Planners • Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 16 of 18 l N.L *- Figure 6b 2010 Build -out Traffic Conditions (Scenario B) Engineers • Surveyors • Pianners • Landscape Architects No Scale (fPyAAle �,6�J va � l� t66(242 7 � q Ptd (232 r�9 ) 7 (287)1 37 r ��0! til �1 h1 L rf Oi ti�o,��bb `tib ape 11 N `�7 F ti �fiti1 O `�ry1b,"� Srroaw S,ca so 'rye rS n L� P sp Le s ITE r"p 11 ?Le �2 has W b ^J '�� �0� eway �68Aay j � J I Oro -)o �(6JJ�36� n oq AM Peak Hour (PM Peak Hour) LP_ _P+/ l N.L *- Figure 6b 2010 Build -out Traffic Conditions (Scenario B) Engineers • Surveyors • Pianners • Landscape Architects Patton Harris Must & Associates, Inc Addendum Page 17 of IS Signalized "Suggested Intersection improvements" LOS=00 Signalization W Signalized d'Y Intersection ley AP l Overall LOS C(E) No Scale raJ�o U G �lPL �O dv. a� yAIP $(A)* oaa a � 6 �4'� SignalizedImp"Suggested tnterseetlnn rovements" LOS--B(C) NB & SB - I Thru 5r C� J° �t �Q• Signalized " Suggested ns�r Q Intersection Improvements" air LOS B(B) Stinal'Trtii n& (c$� I * SITE reQ ' 1.t s los 11 dae� �pll * °aa nad "Suggested r�'Jd ISigI]igrSP.eBzCtipit Improvements" L0=$It') Signalization Q. v Skjn �f:deRn��F (CjC AM Peak Hour (PM Peak Hour) ■■TJ■ A * Denotes Critical Left -turn Movement r• r igu e ni a 201 0 n ia-uut Lane Getieiiy niu Levels vfSer vice (Sienarto Ali Engineers o Surveyors • Planners • Landscape Architects Patton Harris Rust & Associates, Inc Addendum Page 18 of 18 w Signalized 'I/Intersection Overall LOS B(F) No Scale 9,0 11 'OIP 11 G ani �Da a Signal nd 'Suggested (A) ,,a Inteme,tiott Improvements" Wk A * 4o LOS -13(C) NB & SB -1 Thru a *� S _ s0i . (C)$"Ohow p �" 11 F2 '1 Signalized "New Intersection" �� luterSeCtou EB & wB - New Leg C+TTL� W`F X I 1 E NB -1 Thru, I Left 1 P 11 LAS BI Cl SB -1 Thcu,1 Iaght oai `'Fj� fj rS rn a CY f Y P 0, 1LL° w� l � S y �� 11 °ad AM Peak Hour (PM Peak Hour) *Denotes Critical Left -turn Movement Lp— —P+ A Figure 7b 2010 Build -out Lane Geometry and Levels of Service (Scenario B) Engineers • Surveyors • Planners 9 Landscape Architects REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA - 0, t /A. O S/ 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 Dent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street _ Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Venture I of Winchester, LLC Telephone: 540.247.4974 Address: 118 Armstrong Place Winchester, Virginia 22602 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 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: Paige Manuel Mark Lynch James Lynch Randy Kremer 6. A) Current Use of the Property: Residential/Agriculture B) Proposed Use of the Property: Light Industrial 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located East and adjacent to Shady Elm Road approximate 1,500 feet South of Route 37. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of application package. 9. Parcel Identification/Location: Parcel Identification Number: 75-A-1 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Z ning Requested 58.7 RA M1 58.7 Total acreage to be rezoned 2 Districts Magisterial: Back Creek High School: Sherando Fire Service: Stephens City Middle School: James Wood Rescue Service: Stephens City Elementary School: Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Z ning Requested 58.7 RA M1 58.7 Total acreage to be rezoned 2 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other 511,395 511.395 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) -��� - Date /-,' 3 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Venture I of Winchester, LLC (Phone) 540.667.9794 (Address) 827 Armistead St, Winchester, Virginia 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 24270 and is described as Tax Map Parcel 75-A-1 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester Virginia 22601 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 X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) Subdivision 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 thereoif,�I (we) have hereto set my (our) hand and seal this dayofof , 200_, J � Signature(s) vlt�"���� 4 A►C( r L . State of Virginia, C} /County of ,To -wit: Pn?� e f r I AJ t>c cG _ /tl,,Li 1 I j f a Notary Public in and for the jurisdiction aforesaid, certify that Cc person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same b9fore me 'n the jurisdiction aforesaid this � day of 114&lck-, 200 My Commission Expires:f/ 12fit, 7 Votary Public $t1p0 IRO l a 93 ft/w) PIN: 74-A-68 N/F HENRY J. & NORA CARBAUGH DB 574, PG 537 MILE POST 'S7` FOUND AT SEE DETAIL N/F CSX TRANSPOP.TATION INC. x115 SHOWN ON VALMAP V-32.113 ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates PIN: 75-A-1A/F ZV1 I fb SYNERGY 117 E. Picadilly St. Winchester, Virginia 22601 VESTMENTS, LLC Q INST. NO. 11862 v FREDERICK COUNTY, lilRG/1V1A r� PIN: 75-A-1 D I N/F FVC PROPERTIES, INC. INST. NO. 17707 o PIN: 75 -A -1E o N/F FVC PROPERTIES, INC. a INST. NO. 9679 o� rn I i mmrn �mw Z a N2� �clz PIN: 75-A-1 B u 01 N/F FVC PROPERTIES, INC. mt 88 :7 Io DB 896 PG 1326 PIN: 75-A-1 N 2,557,582 SF/58.74140 AC (AS NOW SURVEYED) U N N m PIN: 75 -A -1C ' N/F COOUGATED CONTAINER CORP. ( OB 729, PG 929 9 SEE DETAIL N/F CSX TRANSPOP.TATION INC. x115 SHOWN ON VALMAP V-32.113 ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates oV I fb ZONING BOUNDARY 117 E. Picadilly St. Winchester, Virginia 22601 V Q VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, lilRG/1V1A