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PC 09-03-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia September 3, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) Committee Reports................................................................................................ (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Conditional Use Permit #09-08 for Shenandoah Mobile Company, for a Commercial Telecommunications Facility. This property is located at 1203 Redbud Road (Route 66-1), and is identified with Property Identification Number 55 -A -129A in the Stonewall ------------ ----- Magistenal District._ - --- -- - -- -- — - - Mr. Cheran....................................................................................................................... (A) 5) Conditional Use Permit #10-08 for Adam Arkfeld, for a Cottage Occupation - MotelBed & Breakfast. This property is located at 250 Sister Chipmunk Lane, and is identified with Property Identification Number 34-A-98 in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (B) 6) Rezoning #07-08 of the Unger Property, submitted by Painter -Lewis, PLC, to rezone .49 acres from the B2 (General Business) District to the B2 District, with proffers, and .85 acres from the RP (Residential Performance) District to the B2 District, with proffers, for Commercial Use. The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane in the Stonewall Magisterial District, and are identified by Property Identification Numbers 53A -A-5 and 53A -A-6. Mrs. Perkins................................................................ ............... (C) COMMISSION DISCUSSION 7) Traffic Impact Analysis (TIA) Standards Mr. Bishop..........................................................................................:............................ (D) 8) Other FILE COPY J • CONDITIONAL USE PERMIT #09-08 Qw41cK ` CO�� SHENANDOAH MOBILE COMPANY Staff Report for the Planning Commission Prepared: August 13, 2008 Staff Contact: Mark R. Cheran, Zomni4 Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/03/08 Pending Board of Supervisors: 09/24/08 Pending LOCATION: This property is located at 1203 Redbud Road (Route 661). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55 -A -129A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Residential PROPOSED USE: This application is for a 195 -foot Commercial Telecommunications Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 661, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work CUP #09-08, Shenandoah Mobile Company August 13, 2008 Page 2 performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire and Rescue: Plan approval recommended. Inspections Department: Building permit required for construction of telecommunications tower. Structure shall comply with The Virginia Uniform Statewide Building Code, use group U (Utility and Miscellaneous) of The International Building Code 2003. Structured plans submitted for permit application shall be sealed by a VA Licensed Design Professional for antenna attachment. Please note the requirements in Chapter 17 Special Inspections for this type structure, soils, concrete, bolts, etc. Note: All Chapter 1 VUSBC min. inspections shall be conducted by the Frederick County Inspections Staff. Request to utilize a third party inspection agency that complies with the Frederick County policy shall have prior approval granted by the Building Code Official. Winchester Regional Airport: We reviewed the FAA Determination of No Hazard to Air Navigation dated March 12, 2008 in which the FAA has stated that marking and/or lighting will not be required by their agency. However, due to air medivac operations throughout the County and given that the site is within the Winchester Regional Airport's airspace, the Winchester Regional Airport Authority is requesting that lighting be installed and maintained in accordance with FAA Advisory circular 70/7460-1K Change 2 as a condition for approval of this CUP. Applicant is required to file with the Virginia Department of Aviation and applicant should send a copy of the FAA Aeronautical Study and a quadrangle map showing the proposed tower location for their review and comment. Federal Aviation Administration: This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following conditions(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency (ies) and power. Any changes in coordinates, heights and frequencies, or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studies structure requires separate notice to the FAA. This determination concerns the effect of this structure on the sale and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance or regulation of any Federal, State or CUP #09-08, Shenandoah Mobile Company CUP #09-08, Shenandoah Mobile Company August 13, 2008 Page 3 local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. Historic Resources Advisory Board: HRAB considered several of the potential benefits and impacts of the proposal, including the tower's possible impact: as related to the designated Scenic Byway as indicated on the FCC coverage map; on the entire area's viewshed; as related to the potential increase in coverage area as indicated on the FCC coverage map; as related to the potential increase in coverage levels and capacity within the area surrounding the tower, as shown on the applicant's coverage analysis map. The group also considered the applicant's explanation for ruling out possible co -location sites within the wider area, and the aesthetic measures that the applicant had recommended for mitigating the visual impact of the proposed tower. Ultimately, the HRAB felt that the benefits, in terms of additional coverage levels as shown in the applicant's coverage map, did not warrant the cost of the proposed tower's impact on the area's viewshed. Planning and Zoning: This Conditional Use Permit (CUP) is for a proposed 195 foot monopole -type commercial telecommunication facility. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved CUP. The Frederick County Zoning Ordinance specifies that commercial telecommunication facilities may be subject to additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, land use patterns, scenic areas and properties of significant historic values. The 2007 Comprehensive Policy Plan of Frederick County provides additional guidance when considering Conditional Use Permits. (See map 1) This proposed commercial telecommunication facility is located outside the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA), but is located within the Northeast Land Use Plan (NELUP) as indicated in the 2007 Comprehensive Policy Plan of Frederick Coup . The NELUP component of the Comprehensive Policy Plan identifies Developmentally Sensitive Areas (DSA) located adjacent to and surrounding this site. The objectives of NELUP, as related to Developmentally Sensitive Areas, are to indentify appropriate locations, to protect potentially significant historic resources as identified by the Frederick County Rural Landmarks Survey, and to ensure the Historic Resources Advisory Board (HRAB) reviews all land development proposals which impact the identified DSA. This proposed site is located along Redbud Road (Route 661), which has been designated as a Virginia Byway, approved by the Board of Supervisors on June 9, 2004. The designation of this road as a byway takes into consideration the scenic landscape, historic civil war battlefields, and environmentally significant nature of the area. The general surrounding area of this proposed site contains sites of significant historical importance. These sites include the Third Winchester Battlefield, Hackwood, and Milburn Road. All three of these sites are approximately one mile from this proposed 195 foot monopole -type commercial telecommunication facility and may CUP #09-08, Shenandoah Mobile Company August 13, 2008 Page 4 have a negative scenic impact on the aforementioned properties. This proposed use may also have a negative impact along Redbud Road Virginia Byway, the proposed Redbud Trail Greenway and within the Redbud Agricultural and Forrestal District, which includes this property. Frederick County has traditionally a higher expectation for land use actions with regards to properties located in its rural areas, scenic areas, along byways, and adjacent to DSA's. These performance standards are to ensure that scenic areas and properties of significant historic values are not negatively impacted. Staff would note the subject property where this proposed 195 foot monopole -type commercial telecommunication facility will be located may not be consistent with the goals of the 2007 Frederick County Comprehensive Polices; specifically, land use goals identified and established by the Northeast Land Use Plan (NELUP). Careful consideration of this CUP may be warranted in maintaining the goals set forth of NELUP plan. Background: The Frederick County Zoning Ordinance requires the applicant to provide confirmation that an attempt to co -locate on an existing telecommunication facility and possible co -location structures in the proposed service area. This proposed 195 foot monopole -type telecommunication facility will be located on a 33 acre site on Redbud Road (Route 661). The applicant has provided an inventory of existing telecommunication facilities and possible co - location structures in the area. (See maps 2 - 4) Staff does not concur with the applicant that there are illegible existing facilities, or appropriate structures available for co -location in this general area. Staff has identified possible co -location sites within a three (3) mile radius of this proposed site. (See map 5) These possible sites may demonstrate satisfactory coverage in this area of the County. Therefore, the maps provided within the application, analyzing coverage need in this area may be insufficient to determine the adequacy of the search area, existing coverage, co -location structures, and capacity of the licensee holder in the vicinity of the proposed facility. STAFF CONCLUSIONS FOR THE 09/03/08 PLANNING COMMISSION MEETING: This request is not in conformance with 2007 Comprehensive Policy Plan of Frederick County and the impacts associated with this request cannot be mitigated. However, should the Planning Commission find this use appropriate, this proposed commercial telecommunication facility will be in conformance with Section 704 of the Telecommunication Act of 1996. Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. CUP 409-08, Shenandoah Mobile Company August 13, 2008 Page 5 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. !4F ■ 55 A 129 CHILDRESS NATHAN D A f s 55 A 10 PENTON EGLENN r, Ha � � 55 : PNti514 55 A 18 SEIPEL WAYNE D & STEPHANIE P COURNEYAI :R/ 112 " 0 750 1,500 3,000 Feet we I I I I 55 A 128C BREWER LINDA K TIMBROOK ■I , 55 A 128 ORNDORFF JOHN D i 55 A 126 COOK JIM L "ilienandoah Mobile Co 1pK , coG Conditional Use Permit - New Cell Tower CUP 09 - 08 PIN: 55 - A - 129A x. ti - .. `� , ti 1 `•. 1v x Case Planner: Mark Future R137 Bypass Zoning M2 (Industrial. General District) Application B I (Business. Neighborhood District) 4W MH I (Mobile Home Community District) � Urban Development Area B2 (Business, General Distrist) 41M MS (Medical Support District) SWSA i ED (Business, Industrial Transition District) Q AGF Districts 40+ EM (Estractise Manufacturing District) qM- R5 (Residential Recreational Comm nit; District) 40 609df1 FrWWt* MjMd 41W HE (Higher Education District) C:D RA (Rural Area District) 55, 7 12 m� P4TN E GLEN Q �Q s � cy x(41 .. 1 � ��ybryGs, f Future F4 RT 37 Bypass W,. OR er t.00 tionh CD Q C -d h qq: 1JiprOxi to 3 y Q tx fl � 55 A 128C BREWER LINDA K TIMBROOK ■I , 55 A 128 ORNDORFF JOHN D i 55 A 126 COOK JIM L "ilienandoah Mobile Co 1pK , coG Conditional Use Permit - New Cell Tower CUP 09 - 08 PIN: 55 - A - 129A x. ti - .. `� , ti 1 `•. 1v x 2 19 PB Case Planner: Mark Future R137 Bypass Zoning M2 (Industrial. General District) Application B I (Business. Neighborhood District) 4W MH I (Mobile Home Community District) � Urban Development Area B2 (Business, General Distrist) 41M MS (Medical Support District) SWSA i ED (Business, Industrial Transition District) _ R4 (Residential Planned Community District) AGF Districts 40+ EM (Estractise Manufacturing District) qM- R5 (Residential Recreational Comm nit; District) 40 609df1 FrWWt* MjMd 41W HE (Higher Education District) C:D RA (Rural Area District) Oft) Double Church District 4W M I(industril,Light District) RP (Residential Performance District) Red Bud District 2 19 PB ci�i��Vie NheOf Proposed I'ower L Garter-Hard sty House Sul r Spring.S a; rAL F° � t k t' --' —� – �� . r i 660 i t �. f t i 7 s` ,•` r �Qdfrfes-Semp�s�use JI (i fieri id y ' HentA4uls . Propose Tower , Location 664�_� Hackwood /(I Mft) i- `Third Battle of Winchester 1 ..t t, ``!I ;,Wood Sibell Hou/se 656 �. � --- � �,.•n ,I 661 •`�nepo ` Wood, W Miller's House Bru ley House 0 375 750 1 50D et ,... BERRYVRLE PIKE Landmarks Proposed Tower Location i�,��, �� i } I ! � _ - I ,•fir t � � � �. - � Cell Tower Visible Agricultural & Forestal Districts ~ F , 1 4M South Frederick District .� . j��,•i�,��F t t ',.j � �"� � l` )Double Church District Red Bud Coverage of Site 046A without Existing Sites Coverage of Existing Sites with Site 046A W Coverage of Existing Sites without Site 046A FCC Licensed cell Towers b -n Freda rick county, Virginia o Cellular o' Structure Types 0 ANTENNAE o� D MONOPOLE TOWERBerkeley !J h Current and Potential Co -Location °? Antenna Structure Register % Cell Tower 3 Mile Buffer A S' h � F srHY a �* rab s X522 Nd GOR628 .-- Hampshire Y j �J�erso f� a er G�°^a FredericK 1 n 6D f r C,3 bb IcfdY { e� S� Lg 7 L J. ' �` \. Jia• , , 522 Shenandoah /{ Warren461 J T00 - i p 0 ????? Submittal Deadline '%!(/f P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: ADDRESS: Shenandoah Mobile Company PO Box 459, 500 Shentel Way, Edinburg, VA 22824 TELEPHONE 540-984-3003 2. Please list all owners, occupants, or parties in interest of the property: David M_ and A. Katherine Gregg, 1203 Redbud Road, Winchester, VA 22603 3. The property is located at: (please give exact directions and include the route number of your road or street) 1203 Redbud Road, Winchester, VA 22603 -From 1-81 Exit 315 and Hwy 7 interchange proceed East 1-4/10 mile to the left exit from Hwy 7. (left after the 2nd light after Sheetz). Turn left at the top of the onto Morgan Mill Rd and proceed 7/10 mile to Redbud Rd. Turn left and proceed 4/10 mile to driveway on the right. Follow to rear of property and turn left at the house Proceed past barn and corral to site. 4. The property has a road frontage of 604 feet and a depth of 2270 feet and consists of 33 acres, (Please be exact) 5. The property is owned by David M and A. Katherine Gregg as evidenced by deed from Linda McGuinness recorded JUL 16 W08 (previous owner) in deed book no. 800 on page 81 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 55 A 129A Record 0035860 Magisterial District Stonewall Current Zoning Rural Agricultural (RA) V. Adjoining Property: USE ZONING North Agricultural RA East Agriculture RA South Residential avant RA West Agricultrua RA 8. The type of use proposed is (consult with the Planning Dept. before completing) Telecommunications facility 9. It is proposed that the following buildings will be constructed: N/A 10. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAMF Glen E. Penton ADDRESS 221 ettler Lane, Stephenson, VA 22656 PROPERTY ID#55A 12 ecor 02 05 NAME Linda K. Brewer Timbrook ADDRESS 209 Bentlev Auer Lle, Winchester, VA 2260; PROPERTY I D#55 A 128C Record 037064 NAME William G. Meier III ADDRESS 270 Lick Run Xing, Stephenson, VA 22656 PROPERTY I D#55 7 5 Recor #00 9048 NAME Ernest L. Lam ADDRESS 1263 Redbud Road, Winchester, VA 22603 PROPERTY ID#55 A 14 Record 0015712 NAME Emma Harris ET ALS C/OKaren Sheilds ADDRESS 4922 Dashiell PI, Woodbridge, VA 22192 PROPERTY ID#55A13 ecor #0015711 NAME _ ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. Sketch attached_ Full construction drawings included r / PROPOSED S ENTEL loo':100' LEASE AREA LOCATION PROPOSED SHENTEL 70'x70' T �/ FENCED coMPDNNo LDCAnoN I Lnvf , TAX MAP NUMBER 55–A -129A DAVID & KATHERINE GREGG SUBMITTALS SITE lD: DATE DESCRIPTION TITLE: /27/07 PRELIMINARY / PROPOSED SHENTEL IV r-T PROPOSED SNEMEL 795 /! PROI. NO.: ! WIDE ACCESS ORNE OFF OF EXISTING DRIVE LOCATION MONOPOLE TOWER / LOCATION / EXISTING TPAININLT RING LOCATION EXISTING ACCESS DRNE LOCATION (fYP.) / EXISTING BNTN LOCATION / r / 1 r / TAX MAP NUMBER 55–A -129A DAVID & KATHERINE GREGG SUBMITTALS SITE lD: DATE DESCRIPTION TITLE: /27/07 PRELIMINARY [RE7VIWON DYNATEK r-T PROI. NO.: DRAWN BY: 046 A - REDBUD Dynatek SITE PLAN 6666 M.L. ..•.� .`SHRMAKIDOAH MOBILE COMPANY CHECKED BY: D.C.B. THLECO1af-MCATIONS SERd10ES 7134 BToukT d DT 'me B -0.1d, OIL 44403 Pao-:800.8.78-3224 Far(330)4484334 r-T n .dy-tektdn ..com 12. Additional comments, if ny: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted- tyA of Applicant s tore_ At y7CanAr OwKers' Mailing'Address 1203 Redbud Road, Winchester, VA 22603 Owners' Telephone No. 540-323-0639 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of t t r. County of Frederick,Virginia S ianning Office, County of Frederick, Virginie, 109 North Kent Street, Wimchester, virgimia 22601 Phone 560-665-5654 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) David M. Gregg (Phone) 540-323-0639 t f lb (Address) 1203 Redbud Road, Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property') conveyed to me (us), by deed recorded in the Clerk's Office of the CL-cuit Court of the County of Frederick, Virginia, by 800 081 Instrument No. on page , and is described as 55 A 129A Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Lynn D. Koerner 540-335-0030 (phone) (Address) 3126 South Ox Road, Edinburg, VA 22824 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 any (our) above described Property, including: = = = (1ftelfldifig of'e>m)= a Conditional Use Permits - Telecommunications Facility G -- - -- M2sterelepment-Plvrrt Wrtliminary aa4 Final)- - - -- Subdivision- - 0 Site Pian My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously N/A approved proffered conditions except as follows: This authorization s c e one year from the day it is signed, or until it is otherwise cinded or modified. In ss thereo (we) e hereto sept my ( hand and seal this _;_ day of 200_V, Signature(s) State of Vuginia Ci County o� To -wit: J I = ilc, Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who sig#d to the foregoing instrument and who is (are) ?mown to me, personally appeared efore me ani has acknoMed ed the same before me in the jurisdiction aforesaid this �� day of_Jt�s� , 2 �. My Commission Expires: 31 iotaty public ! KAREN P. HORN % Notary Public i Reg.#356391 My Commission Exps, Oct. 31, 2009 S1Gf. Ov.. r Site Acquisition and Project Development Consultant for Shentel MEMO Frederick County Planning and Development Attn: Mark Cheran; Zoning and Subdivision Administrator From: Lynn Koerner, Representing Shenandoah Mobile Company (Shentel) Date: July 15, 2008 RE: Condkk-nal U I s mt Agp kation — TelecommunkaCom Facility She 046 — Red Bud Please find attached the search ring form that was assigned for the area. Please note that the search area is an area within 1 mile of the search coordinates. Additionally, find attached a map that identifies the three candidates that were evaluated. Candidate A is in the vicinity of the proposed tower. Candidate B is by the sports field at the school and was proposed as a light pole replacement. Candidate C is a power pole which was proposed to be replaced. Both Candidates B and C were rejected by RF as not being able to meet the coverage objective. This was due both to location and the limited height that could be achieved. Within the assigned search area, no other service providers and commercial telecommunication facility infrastructure was identified and so no collocation was possible. A visual impact study was conducted on July 5, 2008 and is attached. During the study, the various roads surrounding the site were driven and due to terrain and tree cover, the balloon was not observed. Sincerely you ; Lyn Koerner Site Acquisition and Project Development Consultant SHENTEL PCS Search Area Ring Form SITE NAME: Redbud SITE ID: WAIOSH046 -i �A�35fi085D `r StaM Hwy 37 1 � G V1fA1054104G , WA06SHOTM t �rrYvide Ave ;' �' i • _ - _i__ BerrYvNle Pike WAa35H.101 1h+A43St1130 i Latitude (NAD83): 39° 12'08,96' N (39.20248) Longitude (NAD83): 78° M' 45.06' W (-78.11279) Search Area Requirements Ground Elevation: 667 it AMSL Radiation Center: 150 it AGL Alvin Height (/UUfSL): 600 it AMSL ERP (watts): 310 watts Antenna Type: APXV18-2065-16-C Max Height (AMSL): 700 ft AMSL Antenna Config.: Sectored Antenna Orlentation: 00,1201,2401 Structure Type: - Com� r ants: Look for structure or land for structure with in 1 mile of search coordinates_ �� ® Provide capacity and coverage in Northeast Winchester Site will require F3 Lucent Modcell 4,0 B �. Site Objectives and Neighbors �w &treet or Suburb =wage Level Conunents Ltke Neighbors Northeast Winchester _ -84dt3m Irrbulfding coverage or better Neighbor Lists to be included in 1-81, Hwy 7 and Redbud Rd -98d8m Rural In -Vehicle coveran or better - "—"— `- subsequent releases of search area information forms, Market, Gaup Prto Version Number Rete ct bate: Quad State Frederick 1 inary - 11 -Sep -07 Master Lease Type: Master Lease Site Id: RF E.n sneer- None - Dexter TorculasVill,�, Sk 661 OQ` 3� DWAYNEQL 9��qc 7gFh �G O= ��kFlrylgpQAf �k m e �gp4` j RSG a UERW&LE PERE- - Cl � ., Shenandoah Hills C" W C:1439.21278 W76.12058 m ��GfS�T Street Atlas USA:p 2005 JJ( I"Y' 't1IVG SE17L'�Si;y H39.20062 W78.10507 Q 1y Z O OLD WAGON RD SR�1 Data use subject to license. -A- i mw%w—% ft •: • 2004 DeLorme. Street Alias USA -i-2005. p qoo 800 1200 1600 2000 200 00 www.delorme.com MN (10.0 VV) Data Zoom 13-5 Shentel Site 046 Data use subject to license. h © 2006 DeLorme. Topo USA® 6.0. vwwv.delorme.com MN (10.1' W) Data Zoom 144 Topo Map indicating locations of photos and views • i • CONDITIONAL USE PERMIT #10-08 w4 �a ADAM ARKFELD Staff Report for the Planning Commission w Prepared: August 15; 2008 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/03/08 Pending Board of Supervisors: 09/24/08 Pending LOCATION: This property is located at 250 Sister Chipmunk Lane, MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 34-A-98 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a Motel/Bed and Breakfast REVIEW EVALUATIONS: VIRGINIA DEPARTMENT OF TRANSPORTATION: The application, for a Conditional Use Permit for this property appears to have little measurable impact on Route 668, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. CUP 410-08, Adam Ackfeld August 15, 2008 Page 2 FIRE AND RESCUE: Plan approval recommended. INSPECTIONS DEPARTMENT: Existing R5, under 5 sleeping units, requires no change of use per 2006 Virginia Uniform Statewide Building Code. No permit or inspection required unless renovation or new structures are added. Our records indicate 4 bedroom dwelling with 8 occupancy. HEALTH DEPARTMENT: Contact the Office of Drinking Water for information regarding the well. No objections regarding drainfield. Per Office of Drinking Water, 8/7/08, no water testing required to limited number of potential guests. Planning and Zoning: The Frederick County Zoning Ordinance allows for motel uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP); a bed and breakfast qualifies as motel use. This proposed three (3) bedroom bed and breakfast will take place on 58 acres of land. The applicant will be limited to a total of six (6) guests. No other activities will be associated on-site with this proposed bed and breakfast. The nearest structures from this proposed use are more than 150 feet away. There will be no employees associated with this proposed use, other than those residing on-site. Based on the limited scale of this proposed use and evaluation of the property, it appears that this proposed use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 09/03/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size. 3. No more than three (3) bedrooms and six (6) guests allowed with this bed and breakfast use. 4. No other activities will be associated on-site with this bed and breakfast. Any expansion or modification shall require approval of a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. o — y v - -- --�® arm Arakfeld .-- �a Conditional Use Permit - Bed it Breakfast 34 A SBA BRADFORDA NET.TEARKFELD ✓ CUP 10 - 08 Q ®P ' PIN: 34 - A - 98 _.. OPO pPq 's. 9yy� s 00 y \ p T!0 35.A i2, Q o _41AYCHA NL�s ARI(;ELD JANET D ti. QR 34 A 98 ARKFELD ADAM CHARLES ; 0 m w .n m -'ti q 9rp 34 6 12 MCc��gN s s 44013A NN T 8 PAULA 13 {4y 34 6 11 PEFFERCLARENCE��I PI 10 AFL . 6 GgG a N0 -v y� - 3 6S�SPNB S 45 A UL66 A�AH LIyAN LINDA 4f r 45 A 66- LEWRICHARD $ WULF PATRICIA II " 0 750 1,500 3,000 Feet µE Case Plannet: Mark ©Application Zoning M2 (Industrial, General District) f' l D Urban eveo E � o pment Area •_ BI (Business, Neighborhood District). ' MHI (Mobile Home Community District) NW SWSA B2 (Business, General Dtstrist) 40 MS (Medical Support District) 4w B3 (Business, Industrial Transition District) R4 (Residential Planned Community District) 4W EM (Extractive Manufacturing District) 4M R5 (Residential Recreational Community District) i HE (Higher Education District) RA (R rat Area District) OW Ml (Iudustrirl, Light District) RP(Residential Performance District) �Ips12008\Adam :rlt eld_(:UP1JOc '",i. -;r,_ d;.i" ^-^' g.�3.41ANI r P�R Case Plannet: Mark ©Application Zoning M2 (Industrial, General District) f' l D Urban eveo E � o pment Area •_ BI (Business, Neighborhood District). ' MHI (Mobile Home Community District) NW SWSA B2 (Business, General Dtstrist) 40 MS (Medical Support District) 4w B3 (Business, Industrial Transition District) R4 (Residential Planned Community District) 4W EM (Extractive Manufacturing District) 4M R5 (Residential Recreational Community District) i HE (Higher Education District) RA (R rat Area District) OW Ml (Iudustrirl, Light District) RP(Residential Performance District) �Ips12008\Adam :rlt eld_(:UP1JOc '",i. -;r,_ d;.i" ^-^' g.�3.41ANI Submittal Deadline p/C Meeting BC.S- Meeting � APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: 99 ADDRESS : S-� 'ss fCr I - c q TELEPHONE 3 — ) Please list all owners, adult occupants, or parties in interest of the property: C1.-" 3. The property is located at: (please give exact directions and include the route number of your road or street) SAS enc fr . ©use ci C"Ict . O feet and a `The property has a road frontage of �C)- acres. � ' depth of '500 feet and consists of Sk i (Please be exact) a .,•, �i'7'� 5. The property is owned by as evidenced by deed from C- (previous owner) in deed book no. `7 on page �, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No- Magisterial District . S7�•n� 4. Current Zoning 7. Adjoining Property: USE ZONING North i•X00,teA _R1 East 'ZI+ ; rc� U L South ,fid RA West _RI S. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted_ (Continue on back if necessary.) These people will be notified by mail of this application: NAME >" <i iGi ADDRESS 20 8' I -Ink '.p�fi PROPERTY ID# �%'�- -/� � � �� '� NAME6:,-r, ^ 0-een Proe4ies LLCADDRESS.3a`74_ Vo"IJI'de PROPERTY ID# 3S --z' -3.1 `" NAME A r la ADDRESS S- 1 JA d Y G-Ccc -Z-7, PROPERTY ID# 35--1-9— 2, Su.sa-h � NAME r d` C--- ADDRESSP 3 ( PCP4C� (f-s-rG Vc 2-,7, PROPERTY ID4_/ £ a�r�C►p-�' NAMES/ewC-1l C�1 .-�. ADDRESS �-?3 9X4Jk 6 -c -c-4 PROPERTY ID# 'floc" � r`" k a s i PR.OPE _ NAME ` r� 6rc-ldrADDRESS�CC PROPERTY ID#3 NAME on . c MCI / _ ADDRESS d ic-eor V! PROPERTY ID#� 5�� ✓ _ ��,esr aha ti r(Cla- AT A iUF r CJS f r�� %ice UJu /(ADDRESS PROPERTY ID# NAME7/;; , l"-/ PROPERTY ID#?y-X - 99 NAME�or /� �%D `�' _ /L- ADDRESS PROPERTY ID# NAME o, S GJ /S�DRES C/ter"-P�� aacaff ADDRESS C(,va •bva�� v1'42ZG Z y PROPERTY ID# 3 Y - % - S /- Sd 3, J')Ans "�-d � r 10 /c_I r%R z 7;> S % 7/' lCe a CL, (s, -tee, L) , - NAME -e i s £ d DRESS �2 0�'l , �,,,ti_ D� PROPERTY ID# h NAME t� Q�, MO' DDRESS PROPERTY IDiv ✓t 2— _ NAME ADDRESS PROPERTY ID# NAME _ ''ADDRESS PROPERTY ID# 1►AII� PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address P0, 13. C^�E«��c g �� V/> cA a6 ,:� Owners' Telephone No. TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DA'L'E: t;•,iim:iirii.'i llil-4y HEREON WAS DETERMINED BY A fiao RUN SURVEY i:r v6:;JCl: t;i -Vtl Z & ASSOCIATES ON NOVEMBER 19. 1999 AND APRIL 7; 2000. H i ,& i l t:Jei:T 40 EASEMENTS AND RESTRICTIONS OF RECORO. ;. r. , l i i t i i t t -4-1- FL04iSHED. 34 A -98A I. 51 i r u 3ERIi 'ONM RA, Ull 3 NOTED OTHERWISE. ADJOINING ACREAGES ANNETTE ARKFELD lAkEN FROM PUBLIC RECORD. - - BRADFORD 34-A-998' #050012717 & ANNETTE AR FELD SHEET 3 C 35—A - L -CRO -GRI PROPERT LLC #020022 K 35.35 1 BRADFORD #05DOT7530 34 -A -99A-"#050012717 & 21-08 AC. rr / AIJNErTE #06001056a ARKFELD 7 06 AC �'.- mom/` lilY N. JOHi'iSiiN BRADFORD �` �' EXISTRyG 50' r f i0j-6 .r2 9 4 8� INGRESS/EGRESS &#05D02717 & 60UTILTIES EASEMENT IN 010568#0 7 AC. INS7.O5DO12717 / /! ' NEW (AKA SISTER CHIPMUNK, I ,`,•' i TM 134-A-98- LANE) / THESE PROPERTY 58.133 �n frrlr+.L,1 �. LINES HER Y ACRE5 l C LEEK ROAD REVISEp Lor 1 � TM #34-A-988 L I Ili 5.000 ' r JANET ARKFELD �/ fm 791/1345 i t I i TII roN ACRE5 m ORIG. 10 7.2 AC- u`:"-il' _'0 (SHEET 4) j4i TM 04-A-98 :i iii;- ! / EXISTING R/W / -�' • WIDTH UNKNOWN DASHED AS ;t. 11 71 i I _IA JANE :KELL� 11 ' �� } RE ��Y �� ` ; fl/ r�oo`a ! I A (`� ORIG. LOT 1 cQr TM #34 -A -9a8 � J ! iS PA L L.Y FORD & ANNf-FTE BROWN IT030008574 5 AC. TADS CHARLES ARKFELD 1050012717 TM 34-6-5 CLARKE COUNTY # #060012912 1 ! ✓ TM #1-A-2 FLOYD J. 10:.37 AC.. ERIC R: & SUSAN JENKINS, Sr-✓ _ 1 f � % , \ 8277 ARKFELD & GAYLE R. 1 y idj. .. -i tV1 (j d l(jN WILSON f 1 r' r� 1 217.329 F.C. 1 0 idle;• #020001812 f j� o' . t iri #311-A-96 53.047 AC. 5 AC- rtul jj. &•I -A-9& 10.086 AC. Ind ff i --A-98 58.133 AC, IhI j�-34-A-98B 5.000 AC: i 1i f/o AI&A 01 5.086 AC_ TM ##34-6-7 ADJU`;1141CNT LEWIS E. C.RUMPACKER, Jr. / /o & CHRISTINE :M. MA.NGM #070014064 ! EXISTING 50' R/ w & 5.16 AC. UTILITY EASEMENT IN /so aI O6G012@12 v !' INDEX r5� J EET, �,1 TM #34-6-8ERIC PLAT, BOUNDARY SUSAR� B FINAL ✓ COME ADJUSTMENT of 9 EI/ 0 r/ 'FIX S -10.32 AC. 2 F`ARCELS 110imu ICHAEL M. ARTZ DISTRICT,f -EDDTL-K COUNTY, TM 34-A-95t3pc. No. 1513-8 VIRGINIA HARRY M. & � �c ALS 1'ti1L7r Vlt;i;lNiA H. SMITH �- DATE. sUR�`y— APR- L Z9, 2008 5 AC - PK -E 7t,:N7 OWNER: () / TM 145-A-66 Artz and Associates, PLC _ 1 f RICHARD LEW & `S"swi.ry a Valley Eregrueery 9. PLC AbAhi CHARLES ARKFELD PATRICIA WuLF L#M %RVEMN6 I" FIANNWG IJ WFN'o- 16 East Piccadilly sue l TM 13}4-98 988 INSTA05t141.2Z17 602/93�4I� WNCKLSTER, W, 22NI 4-140 �G ALSO TA 1C .}� (} (�/� (y 2 - _ - 33.07 , A.Ct _ - TEL 540- fip7-Y1;SJ�- FAX 540 667 91hd PROJEC1 &#21:1:6 `EE `ALSO IFY5TY'F' 0600��}�L TOLL FII££1-00f1-7�5-73't0 FRONT ELEVATION' HEA',E:R TR!I,(. LOUVER AN T,,IN--'A AFO,- FRQ',T Dz-' R �'Icl F-1-1 A—ItH I c-j-.qz 'T `,.'IjTilS REDUCED AT Y.. a::0R.v),�M TO ';0 ST'. -',";F A S'NVUL �- 1 '-\I A V'I L FT EN D ...... . . . .. - ------- r,i R �DOED t%lj --j!- 7�% LO'll E-3 A REAR ELEVATION 1/1.1 a 7._". EL11,1•INATF.D ALL LITTLE DEICES C SIO;"d� �jat�•'vl RE.LNR 0= 'rAL'Y ROOM — CL-AVNER, LES'S CLU-TF=l ADHD TRANSOM Yii )DowS r �Cb`E S; DIN11- GLA -SS D! ,DR'S AND FLANKINIC 00t 1-1 rlI\1DS rr t;7 Ad_LOVYO-. t , INCREASED SIDE O" ''VVINDOW HEADS D INCREASED ROOF OV Ri_ ANI REZONING APPLICATION 907-08 UNGER PROPERTY Staff Report for the Planning Commission Prepared: August Z9, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 09/03/08 Board of Supervisors: 09/24/08 Action Pending Pending PROPOSAL: To rezone .49 acres from B2 (General Business) District to B2 with proffers, and .85 acres from RP (Residential Performance) District to B2 (Business General) with proffers. LOCATION: The properties are located on North Frederick Pike (Route 522) between Westminster Canterbury Drive and Hickory Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 53A -A-5 and 53A -A-6 PROPERTY ZONING: B2 (Business General) and RP (Residential Performance) PRESENT USE: Commercial and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) South: RP (Residential Performance) East: B2 (Business General) RP (Residential Performance) West: B2 (Business General) Use: Commercial — Stonewall Plaza Use: Residential Use: Commercial — Continental Restaurant Use: Residential Use: Commercial PROPOSED USE: Commercial Use (13,225sf CVS Pharmacy) Rezoning #07-08 — Unger Properiy August 19, 2008 Page 2 REVIEW EVALUATIONS: Virl4inia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 North and 1318. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Unger Property Rezoning application dated July 15, 2008 address transportation concerns associated with this request. We offer the following comment: We feel the proffer statement should include closing the first crossover to the south and provide a left turn lane at the second crossover to the south to accommodate U-turns. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work perforined 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. Staff Note: The revised proffers for the rezoning address the closure of the crossover as well as the turn lane. Fire Marshall: Plan approval recommended. Department of Public Works: We have no comments at this time. We reserve the right to perform a detailed review of the site plan submitted for the proposed commercial property. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: There is adequate sewer and water capacity to serve this site. Department of Parks & Recreation: No comment. Health Department: Health Department has no objections to the rezoning request. Winchester Regional Airport: The proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Frederick County Public Schools: We offer no comments. Attorney Comments: It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick Country Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subj ect to the following: Introductory paragraph — Concerning subsequent amendments or revisions to the proffers, to read more clearly, "and such are approved by the Board of Supervisors" should read "and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors". Also, the reference to "TM#s 53A -A-6" should not include the plural "s" and, in the last sentence of the paragraph, "owner" should be plural. Proffer 1 — The Rezoning #07-08 — Unger Property August 19, 2008 Page 3 proffer should state that the use and development of the subject property shall be in conformity with the Generalized Development Plan (GDP) dated 7/8/08, identified as "GDP", and which is attached to the proffer statement, and should then indicate the matters that the GDP reflects. Proffer 2b — To avoid any later ambiguities, the references to the parcels served by the entrance should be generic, that is, to the subject parcel and to TM# 53A -2-C (or, if greater specificity was intended or desired concerning the neighboring property in particular, the proffer could state "...to the subject parcel and to the commercial establishment [or, for more specificity, "the restaurant] on TM# 53A -2-C..."). Proffer 3 — For consistency with the terminology of the Zoning Ordinance, the applicant may wish to change "pharmacy" to "drugstore". For clarity, the reference to square footage and improvements would read better as "containing a floor area of approximately 13,225 square feet and associated improvements...". The last part of the proffer should state that the structure/improvements will be constructed in conformity with the GDP. Proffer 5 — The GDP does not show the referenced easements. Closing paragraph — The reference to "owner" should be plural. The final version of the rezoning application form will need to indicate the capacity in which the signatory for the applicant is acting (e.g., title) and, as well, the form and the proffers will need to be signed by both owners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Staff Comment: The County Attorney's comments have been addressed by the revised proffer statement. Plannin1l Department: Please see attached letter dated July 31, 2008, and signed by Candice E. Perkins, Senior Planner. Plannine & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of both parcels as B-2 (Business General) District. In 1980, parcel 53A -A-6 was included in the County's comprehensive downzoning and was changed from B2 to R-3 (Residential Limited) District. The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] Rezoning #07-08 -- Unger Property August 19, 2008 Page 4 Land Use The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting a rezoning to the B2 (Business General) Zoning District and therefore this request is in general conformance with the Comprehensive Policy Plan. Transportation and Site Access The subj ect site is currently accessible via North Frederick Pike (Route 522). As shown on the Generalized Development Plan (GDP), the proposed use is a CVS Pharmacy that will be developed on four parcels of land. The GDP shows the ultimate access for the site as being from one entrance on Westminster -Canterbury Drive (Route 1318) and a right in/right out on North Frederick Pike (Route 522). This application also accounts for the closure of the crossover on Route 522 and Hickory Lane as well as the construction of a left turn lane at the second crossover to the south of the site on Route 522. 3) Site Suitability/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other environmental features have been identified. The General Soil Map of the Soil Survey of Frederick County Virginia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento Loams soil association (14B). These soil types are generally to strongly sloping, well -drained and deep. 4) Potential Impacts A. Transportation Waiver Request In conjunction with this rezoning application, the applicant is requesting an entrance spacing waiver on Route 522. As shown on the GDP, the applicant is proposing to have a right-in/right- out entrance on Route 522 which is less than 200 feet from the existing entrance on the adjacent property (The Continental Restaurant). In accordance with Section 165-29B(1), the Planning Commission may allow other means of motor vehicle access which do not meet the requirements set forth in 165-29, which is the section of the Zoning Ordinance that establishes entrance spacing requirements. The approval of this waiver request would allow this property to develop a pharmacy use with a new entrance that would be adjacent to the existing entrance on the Continental Restaurant property. If the rezoning application and the waiver request are granted, then the site will develop as a pharmacy consistent with the GDP. Rezoning #07-08 — Unger Property August 19, 2008 Page 5 5) Proffer Statement — Dated July 15, 2008, Revised August 8, 2008 A) Generalized Development Plan • The use and development of the property shall be in conformance with the Generalized Development Plan. B) Improvements to Route 522 and Route 131.8 • Design and construction of a right turn lane eastbound into the site along the frontage of the site. • Design and construction of a right in/right out entrance from Route 522 to serve the subject parcel. (Staff Note: The location of this entrance is subject to the entrance spacing waiver request). • Design and construction of the closure of the crossover on Route 522 at Hickory Lane. • Design and construction of a left turn lane at the second crossover to the south on Route 522. • Design and construction of a 10 foot wide asphalt bicycle/pedestrian path along the Route 522 frontage and a sidewalk along the Route 1318 frontage. STAFF CONCLUSIONS FOR 09/03/08 PLANNING COMMISSION MEETING: This is an application to rezone two parcels totaling 1.34 acres from the RP (Residential Performance) and the B2 (Business General) District to the B2 District with proffers to accommodate a proposed pharmacy. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. With this application, the applicant is also requesting that the Planning Commission grant them an entrance spacing waiver. This is strictly a Planning Commission waiver; action from the Board of Supervisors is not required. Staff would note that there are two actions required with this application, a decision on the waiver request and a recommendation to the Board of Supervisors on the rezoning application. Following the requirement for a public hearing, a decision on the waiver request and a recommendation on the rezoning application by the Planning Commission to the Board of Supervisors concerning this application would be gmropriate. The applicant should be prepared to adequately address all concerns raised bV the Plannine Commission. COU of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 31, 2008 Mr. John Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning of the Unger Property Dear John: I have had the opportunity to review the draft rezoning application for the Unger Property. This application seeks to rezone .85 acres from the RP (Residential Performance) to the B2 (Business General) District. Staff's review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with a commercial designation. The proposed B2 Zoning is a business use and is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. 2. Rezoning Application. The rezoning application provided is incomplete; section five of the application needs to be completed. 3. Additional Property. Parcel 53A -A-5, which is owned by the Ungers and is part of the proposed CVS development, should also be included with this rezoning. 4. Bike Path. Route 522 is identified on the Frederick County Bicycle Plan as a short term destination. A bicycle/pedestrian path should be provided along the frontage of the site. 5. Deed and Plat of the Property. The deed provided with the application references a site that is over one acre in size, but the rezoning is for a .85 acre property; indicate if this is the correct deed. A recorded plat of the property also needs to be included with the application. 6. Proffer 5. Proffer 5 references the name of the adjacent property (the Continental Restaurant); the proffer should be revised to reference the PfN of the adjacent property. 7. Transportation Proffers. As indicated by VDOT, the proffer should also guarantee the closure of the crossover in the Route 522 median and the construction of the left turn lane at the second crossover. 8. Transportation Improvements. Proffer 2 should be revised to state that the transportation improvements must be completed prior to the issuance of any certificate of occupancy. Proffer 2a does not reference the sidewalk that is shown on the GDP. Proffer 2 should be revised to include the completion of the sidewalks/bicycle paths shown on the GDP. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Page 2 Mr. John Lewis RE: Proposed Rezoning of The Unger Property July 31, 2008 9. Exhibit 2 and GDP. There is a property shown between the Continental and the CVS site that is shown on exhibit 2 and the GDP; reference the ownership of this parcel. 10. 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, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 11. Special Limited Power of Attorney. Provide a power of attorney for the property owners. 12. Fees. The fee for this application includes a $5,000.00 base fee plus $200.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. 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, Candice E. Perkins, AICP Senior Planner Attachments cc: Vern and Frances Unger, 5179 Barley Drive, Stephens City, VA 22655 CEP/bad 0 53D 3 1 MP LLC 41 53D 3 4 MP LLC 53 42 D ` UPPER CRUST LLC �r 42 A 1980 WINSTONE LLC S 3 53 U 5 ht) RGER 53 A D1� UPPE_ R i 53A A . 6 sdq CRUST LLC UNGER tr R 5 - Har est -Harvest Com m l ` Unities, /nc t ;. I ` ' /f/ppsq 10 44 v ,04 - R�N F � u d.1=�_ r Rq�r�N✓ ; FROG f !* o r t D 7 ♦ sdq " 0 250 500 1,000 Feet k'F. a Tnger Property Rezoning REZ 07 - 08 a PIN: 53A - A - 5, 53A - A - 6 PAT EL C r t.. D—m,i rr (N�"lec'i -c Ai,d 4: _,..\ 1_LCII—ILt _..-_ r"fopetr Ill d) S!1i31[008 10.58'. 3�r1t'.'; Case Planner: Candice Application Zoning M2 (Industrial General District) e Urban Development Area Pme° Bl Business, Neighborhood District ( g ) 4M MHI (Mobile Home Community District) 4aJ S W S A B2 (Business, General Dismal) 410MS (Medical Support District) B3 (Business_ Industrial Transition District) -C_- R4 (Residential Planned Community Dist, ict) 4M EM (Extractne (ExtractMmufacturing District) R5 (Residential Recreational Community District) 4M HE (Higher Education District) RA (Rural ADistrict) 4W Ml (Industrial, Light District) RP (Residential Performance District) r t.. D—m,i rr (N�"lec'i -c Ai,d 4: _,..\ 1_LCII—ILt _..-_ r"fopetr Ill d) S!1i31[008 10.58'. 3�r1t'.'; LANCER PROPERTY TM # 5 A -A -6,53A -A-5 Route 522 -North Frederick Pike Proffer Statement Rezoning #: Property: PARCEL ID: 53A -A-5: 0.49 acres PARCEL ID: 53A -A-6: 0.85 acres Recorded Owner: Frances A. Unger Applicant: Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Project Name: Unger Property TM # 53A -A-6, 53A -A-5 Original Date of Proffers: July 15, 2008 Revision Date(s): August 8, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0803001 PROFFER STATEMENT PARCEL ID: 53A -A-6, 53A -A-5 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application #eh"°g for the rezoning of parcels TM# 53A - A -6 from RP to B2 and 53A -A-5 from B2 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such subsequent amendments or revisions to such conditions are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The use and development of the subject property shall be in conformity with the Generalized Development Plan, identified as "GDP" and dated 08/06/08 and which is attached to the proffer statement. The GDP is for the purpose of identifying the general configuration of the proposed commercial development, the use of the site, the location of interparcel access easements, and construction improvements to Route 522 and Route 1318. 2.) Improvements to Route 522 and Route 1318 The applicant will make the necessary road frontage improvements, as required by Virginia Department of Transportation, to Route 522 and Route 1318 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. All improvements listed below and approved by VDOT will be constructed prior to issuance of a certificate of occupancy for the proposed pharmacy. The improvements will include: a) The design and construction of a right turn lane eastbound into the site along the frontage of the site; b) The design and construction of a right in/right out entrance from Route 522 to serve the subject parcel; c) The design and construction of a right turn lane northbound on Route 1318 at its intersection with Route 522; d) The design and construction of the closure of the crossover on Route 522 at Hickory Lane; e) The design and construction of a left turn lane at the second crossover to the south on Route 522. f) The design and construction of a 10' wide, asphalt bicycle/pedestrian path along the Route 522 frontage and sidewalk along the Route 1318 frontage as generally depicted on the GDP. page 2 PROFFER STATEMEI-4 I' PARCEL ID: 53A -A-6, 53A -A-5 3.) Parcel Usage The applicant agrees to limit the use of the parcel to that of a pharmacy containing approximately 13,225 square feet and associated improvements that will be constructed as generally shown on the GDP. 4.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Volunteer Fire and Rescue Company the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site. 5.) Inter -parcel Circulation and Access The applicant agrees to provide an interparcel access easement for the benefit of the parcel identified by PIN 53A -2-C located to the east of the site. The general location of the easement is shown on the GDP. The easement will be created with the first site plan for the development of the site. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: Frances A. Unger City/County of INIiy1C,1'le:ikV' , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this b+h day of 200 Not Public r Notary Registration number: 3q 7q My commission expires: _ page 3 L D. S RN�OU C FRE DERICK PI c NOR HeotjN6L/IC� `'`'NES . . . . . .............. LEFT TURN LANE - AT NEXT CROSSOVER { IL z D. S RN�OU C FRE DERICK PI c NOR HeotjN6L/IC� `'`'NES . . . . . .............. LEFT TURN LANE - AT NEXT CROSSOVER { IL z J 0 I U-) CL > 0 W 0 Q Of Lr) LJ L4� . L®L.I i� WLL- LLJ 3 z O Ld 0 Q LL � 0 S ■� E N C (!) N r N Lo L 3 ■mom r N 1 (c) co O C 1 � � r c-) 0 e L -c O u) Q r w E w �® 00 i VIII z U) ,,• :mow a z III0w t� SURVEY: C. I.: P -L NA DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=60.0' 08/06/08 SHEET: D IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for UNGER PROPERTY TM #53A -A-6, #53A -A-5 Route 522 -North Frederick Pike Stonewall Magisterial District Frederick County, Virginia August 6, 2008 Prepared for: Francis A. Unger 5179 Barley Drive Stephens City, Virginia 22655 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 0803001 UNGER PROPERTY TM #53A -A-6, 53A -A-5 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 6 page 2 UNGER PROPERTY TM #53A -A-6, 53A -A-5 i. INTRODUCTION Frances A. Unger (the Owner) proposes to rezone two parcels of land located along Route 522 between Westminster -Canterbury Drive and Hickory Lane in Frederick County, VA. One parcel is currently zoned RA and is identified by Tax Identification Number 53A -A-6. The parcel contains 0.85 acres. The second parcel is identified by Tax Identification Number 53A -A-5. It is zoned 132 and is hereby included by reference. Please refer to Exhibit 1 on the following page. It is the Applicant's desire to have these parcels rezoned to B2, Business General District. The intended purpose of the rezoning request is to enable the owner to develop the land for commercial purposes. These parcels will be combined with adjoining parcels #53-4-2-D, and #53-4-3-D1 to create a single parcel that will be developed for use as a pharmacy. A. SITE SUITABILITY The subject parcels are currently used for residential and commercial purposes and located to the east of the Route 37 West Land Use Plan according to the Frederick County Comprehensive Policy Plan. The stated goal of the area study is to balance the economic development opportunities associated with the existing development activities while limiting development potential west of Route 37. The parcels are to the east of Route 37, within an area that already contains significant commercial development. The parcels are also within an area that contains significant residential development. The parcels are contained within the Eastern Frederick County Long Range land Use Plan and are identified for commercial development. The site is within the boundaries of the Sewer and Water Service Area as well as the Urban Development Area. A conceptual plan for the parcels once combined with the two adjacent parcels, has been developed and is shown as Exhibit 2. Combining the four parcels will provide frontage and access from both Route 522 and Westminster Canterbury Drive. The implementation of the concept plan will require the demolition of the existing buildings on the site. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0105 shows that the subject parcel is not in the floodplain. WETLANDS No wetlands have been identified on the site. STEEP SLOPES Steep slopes, as defined by the Frederick County Zoning Ordinance, do not occur within the boundaries of the proposed rezoning area. page 3 ' Sunnyside Plaza j t Wi/l CO DRAWN BY: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 WINCHESTER, VIRGINIA 22601 TELEPHONE (540) 662-5792 FACSIMILE (540) 662-5793 EMAIL: officeftainterlewis,com - UNGER PROPERTY TM #53A -A-6, 53A -A-5 MATURE WOODLANDS No mature woodlands are located within the boundaries of the proposed rezoning area. Some mature specimens exist on the perimeter of the site and some of these trees will be preserved during the construction of future commercial facilities. SOILS The soils on the site are in the Frederick-Poplimento associations. The USGS Soils map shows the predominant soil types on the site are Frederick -Pop lime nto Loams (1413) and Frederick-Poplimento Rock Outcrop Complex. These soils are gently to strongly sloping, well -drained, and deep. B. SURROUNDING PROPERTIES The subject parcels are bordered by parcels that are zoned either RP or B2. The surrounding parcels include TM#s 53A -2-D-3, 53A -2-D-2, 53A -2-D-1, 53A -2-C, 53-4-2- D, 53-4-3-D1, and 5313-5-11B. The locations of these parcels are shown on Exhibit 2. The zoning, owner, and use of each parcel is shown in the table below. Tax Map No. Owner Ex. Zoning Ex. Use 53A -2-D-3 Almira Kipps RP Res. 53A -2-D-2 Gerald & Jami Wrenn RP Res. 53A -2-D-1 Robert Clark RP Res. 53A -2-C Robert Hassinger B2 Com. 53-4-2-D Upper Crust, LLC B2 Com. 53-4-3-D1 Upper Crust, LLC B2 Com. 5313-5-11 B Harvest Communities, Inc. RP Res. The proposed commercial project has been designed to reduce impacts to the surrounding parcels by incorporating the design standards of the Frederick County Zoning Ordinance. Appropriate buffers and screening will be provided between the proposed commercial land and the existing residential land in order to mitigate the potential noise and lighting glare. The Conceptual Development Plan shown on Exhibit 2 shows the arrangement of buffers and screening along the existing residential parcels. C. TRAFFIC No Traffic Impact Analysis was performed for this rezoning. The future use is known for the site and a preliminary review by the Frederick County Department of Planning and Development and by VDOT has already been completed. The total build -out of the site is approximately 13,225 square feet of pharmacy retail space with drive through window. According to the Seventh Edition of the ITE Manual, this type of development will generate 1,166 average daily trips. The applicant has proffered that the pharmacy will be the use for the parcel. page 4 see; 7,30 •moo � . �-- _—_ �ZJOpir \\ a 5 1 r y N 5 y,. a { Mp i p•1•N•:LLC ZONE 3p-3-1 ' s USE:• R2 I i $ p E. VACANT I NST # p ACRES 1 �` n p017122 �! I,. t. ? 101.15 TONE f F I NMP' LLC 530 USONED_ e2-4 1.31 VACANT INST# oACRES 0017123 U S RTH - -_ -_ ROUTE RE�ERIC P _ �_ —_ 2 _ /KE --- ZCjT[l c &L/ OVNO C) I ~127 - s foe 4' ' I ( % 1 i i lY ! r `�,r... S63'tn•t.� ��e`_ -_ S66-yZ•76'E,� +t.to• 4 a CLARKA-2—p_ 1 ZO SDOBERT, USE: RP IDENTIAL RENN, S3A— GERALD 2�D-2 USeZA. JR RE p RP & RAMI ENTIAL J3A_ pS —D -3 I ALA US ZONED' RP A REST DENTIAL e �i `� L J F— Z) oz �9a LO J < w (CD C) 0 PQ Lo IrK LdW w F— Ix w 0 w SURVEY: C.I.: P -L NA DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=50.0' 08/06/08 SHEET: EXHIBIT 2 O O CD N 0) r-) UU Ir NU) L0 ksi (n N Ln 1®s aj N (.D N L (D (,c)j u��$� -t � C) . !✓ > L0 - Lo - ' � (1) o C) U U ._ �■ m -co LL�0�Q0_ E �. w 00 Q� �M „all t w J w II 13 Z UI L111111111 1111111 3 s oo w iim SURVEY: C.I.: P -L NA DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=50.0' 08/06/08 SHEET: EXHIBIT 2 UNGER PROPERTY TM #53A -A-6, 53A -A-5 D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County UDA/SWSA line. The development will he serviced by the county sewer system. Sewer is currently in the Route 522 right of way and can be extended to serve the site. E. WATER SUPPLY The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county water supply system. Water lines are in both the Westminster Canterbury Drive and Route 522 rights of way and can be extended to serve the site. F. DRAINAGE The site lies within a small watershed which contains predominantly residential development. The watershed discharges to the drainage system in the Route 522 right of way. Please refer to Exhibit 3. According to the Frederick County Department of Public Works, storm water discharge from the Harvest Communities, Inc. housing development has contributed to some localized flooding of a property located to the east of the site. The Frederick County Department of Public Works has requested that the storm sewer system proposed for the pharmacy project be modified to pick up some of the upstream runoff and convey it directly to the Route 522 storm sewer system. If the permission of the owners of Harvest Communities, Inc. can be obtained, remedial work will be performed in conjunction with the construction of the pharmacy to improve the drainage system in the immediate area. It is important that the quantity and quality of storm water runoff from the site be preserved or enhanced through the development of the site. Any development on this site can be expected to increase stormwater runoff. Storm water management facilities will be constructed as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located near the site on Route 522 approximately 1 mile west of the subject parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 27 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $225 in tipping fees will be paid to dispose of 5 tons of solid waste annually. page 5 Sunnyside Plaza APPROX. DRAINAGE AREA Ml •S Rte' \Orth • ` �` Cb )(71 J I i -, sl 'e ms` CO i� � � v PPROX. D INA( APPROX. P TH a FLOW TH AND (b FROM T E SITE {� \o qj 0 b \ \ (0 vli \ AR y 80 / °' fh \\ Fr eder'ck 200 0 1 200 Scale 1" = 200 ft iii 00 Q' i CL Illi CD V) z �w -j w W SURVEY: s C. I.: COUNTY 5' DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=200.0' 07/08/08 SHEET: EXHIBIT 3 I <tz0 3:> w � w c® 0 .o <In U N ifa Lj -41=®® E ON C t� w w D LL- 0 0 P Cn a_ �� iii 00 Q' i CL Illi CD V) z �w -j w W SURVEY: s C. I.: COUNTY 5' DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=200.0' 07/08/08 SHEET: EXHIBIT 3 e NOMA .o N E ON o t� 0 O 0 P Cn N �� (n N � -3 smrm �m, No N 1 0 0 CD CN, C o i Lo 0- V 0 . 0 i N U N D I i Ld iii 00 Q' i CL Illi CD V) z �w -j w W SURVEY: s C. I.: COUNTY 5' DRAWN BY: JOB NO.: SEM 0803001 SCALE: DATE: 1 "=200.0' 07/08/08 SHEET: EXHIBIT 3 UNGER PROPERT'y i"M #53A -A-6, 53A -A-5 H. HISTORIC SITES AND STRUCTURES The subject properties do not contain any historic/archeological sites identified in Frederick County and Virginia Department of Historic Resources records. None is on the National Register of Historic Places or the Virginia Landmarks register. None of this site is located within any Civil War battlefield identified in the National Park Services, Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. The site is located between Fort Milroy and Star Fort but is not identified as core battlefield area. See the Civil War Battlefields and Sites exhibit on the following page. There are several historic sites within 1 mile of the site, of these three (3) are identified as potentially significant. The complete list of historical sites within a 1 mile radius of the site and map can be seen on Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Volunteer Fire and Company located on Route 50 in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. J. LOT CONSOLIDATION The Generalized Development Plan in Section 7 shows the total site proposed for the pharmacy in a consolidated form. Consolidation will eliminate interior lot lines. page 6 CIVIL WAR SITES --------- Civil War Battlefields and bites a( Frederick CownYy PlGnning S ➢evelopnent f e_+ Winchester, Virgirin II (As Defined by the NPS Shenandoah Valley Civil War Sites Study) 12-1Q-97 IaZ.ONING APPLICA`T'ION FORM FRE- DFRICK COUNTY, VIRGINIA t"o be cor7pleted by Planning Staff Ling Amendment Njimber Hearing Date g IJ O Fee Amount Paid $. 5 J S! Date Received 1305 Hearing Date The_following inforrmtion:.shall be provided by the applicant: All.parcel identification numbers, deed book and:page number may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 worth tient Street, Winchester. 1. Applicants Naive: P(] Ih-tcr' �U111S E�LG Telephone; 540 • Loo - 57 qa Address:�'� uJi n ch es fer. U�4 20 cool Z. Property Owner (if different than above) Name: Vernon. and- f uancff> UrU�' Telephone , �'� { - 5�(-n Address: 51 3. Contact person if other than above NaiveA4 Telephone; - 4. Checklist: Check the following items that have been included with this application. Location snap Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid F offer Statement 10 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: .rClnces V oG-e_ 6. A) Current Use of the Property: pleS1 d 0111 Cd B) Proposed Use of the Property: Com me�Cu( 7. Adjoining Property: PARCEL ID NUMBER 5 3.A- a- D-3 53A- a - D -a G--:!44 - D -1 5-�,A - a - G USE pr--S-oent&l �esiclPr�;iic� Comrnex-�a_a_� CommeX-U U�4 Cbmme rC.%ai C�es�den�iia,l ZONING P -P BA �a �a RP 8. Location: The property is located at (give exact location fused on nearest road and distance from nearest intersection; using road names and route numbers): II 4; The following information should be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes: Townhome: Multi -family: Non -Residential Lots; Mobile Hume: I-30tel Rooms: Square Footage of Proposed Uses Office: Service Station; Retail:131225; s1f, Manufacturing- Restaurant: Warehouse: Other: 10. Signature: I (we), the undersigned, do hereby respectfixlly 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. T (tine) authorize Frederick County officials to enter the property, for site inspection purposes. I (we) understand that the sign issued when this application, is submitted roust be placed at the front property line at least sever days priorto. the Plaairung Commission public 'hearing and the Board of Supervisors' public bearing 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): Dane: Date: Owner(s): �� '/-? �� e-� �• _ rn Date: L _ e IR Date: 12 Special Lirnited Power of Attorney County of Frederick, Virginia Frederick Plannina Web Site: 1VVAv.coJrederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men. By Those Present: That I. (We) (Narne) Uernoo a Francs Una er (Phone) 54{1' Scf-7Ci (Address) 6 1-Iqr. rV S Vit fs Q t �j ,yA aZr�(,a the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page ,g , and is described as Parcel:; � Lot: ,�_ Block: 53,41Section: Subdivision: do hereby slake, constitute and appoint: (Name) I Q i f 1 " I rW i5 L.C. (Phone) (Address) 61 I U( Lar UfMW 0=( , M i f XJ InIL-A V^ ol01 UUJ To act as my true and lawful attorney-in-fact for and in my (our) name; place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) _ Conditional Use Permit Master Development PIan (Preliminary, and Final) _ Subdivision Site Plan Variauce or Appeal Comprehensive Policy Pian jiniendirient 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 frorn the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this CP day of 200&, Signatures) State of Virginia, City/County of i1lJ � � i PA".lam , To -wit: I, l U Lu fi(., rrtis a Notary Public in and for the juristrckias' f •. � aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared befog, me and has acknowledged the same before me in the jurisdiction aforesaid this 6 day of io S' , 200_E.-2 My Commission Expires: *N—ublic /17/08 Unger Property TM# 53A -A-6 Rezoning Street Addresses of Properties w/i 300 feet Name and Property Identification Number Owner Address Name: Unger, Vernon B. & Frances 5179 Barley Drive Property # 53A -A-5 Stephens City, VA 22655 Name: Kipps, Almira 106 Hickory Lane Property # 53A -2-D-3 Winchester, VA 22603 Name: Upper Crust, LLC 112 A Bruce Street Property # 53-4-3-D Winchester, VA 22601 Name: Upper Crust, LLC 112 A Bruce Street Property # 53-4-3-D1 Winchester, VA 22601 Name: Wrenn, Gerald A. Jr. & Jami EI 104 Hickory Lane Property # 53A -2-D-2 Winchester, VA 22603 Name: Clark, Robert 102 Hickory Lane Property # 53A -2-D-1 Winchester, VA 22603 Name: Harvest Communities, Inc 147 Creekside Lane Property # 5313-5-11 B Winchester, VA 22602 Name: Hassinger, Robert 108 Lisa's Drive Property # 53A -2-C Winchester, VA 22603 Name: MP, LLC 1205 Caroline Street Property # 53D-3-1 Winchester, VA Name: MP, LLC 1205 Caroline Street Property # 53D-3-4 Winchester, VA 14 PAINTER-LEWIS, P.L.C. CON5UL77NGENGINEERS tel.: (540)662-5792 817 Cedar Creek Grade, Suite 120 fax: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com May 28, 2008 Mr. Eric Lawrence Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 RE: Driveway Spacing Waiver Request P.I.N. Nos. 54-4-2-D, 53-4-3-D1, 53A -A-5, 53A -A-6 Stonewall Magisterial District Dear Eric: On behalf of the contract purchaser of the four lots listed above, I am requesting a waiver from Section 165-29. A. (4) of the Frederick County Zoning Ordinance pertaining to "Minimum Driveway Spacing". This section requires a minimum distance between new driveways of 200 feet. Please refer to the following three items: 1) Aerial overview of the site; 2) Proposed Driveway Spacing Waiver Request Exhibit ("the layout exhibit"); 3) Draft of letter to Frederick County for use by Robert Hassinger. These four lots currently contain the Bubbleworks Car Wash, the Oates Grocery, and the Unger residence. The Site Aerial shows the three existing entrances along Route 522. The layout exhibit shows that entrance 1 provides access to the grocery and residence and the other two entrances, 2 and 3, provide access to the Continental Restaurant. Please note that there is an existing ingress/egress easement on the restaurant site to the benefit of the grnrer�i ¢ita, This easement is shown on the lavout exhibit. There is no ingress/egress easement agreement between the restaurant property and P.I.N. No. 53A -2-D-1. Access to this parcel is from Hickory Lane. The layout exhibit shows that the distance from Westminster Canterbury Drive to Hickory Lane is 535 feet along Route 522. The application of Section 165 would limit the number of driveways accessing Route 522 to one entrance located approximately 200 feet from both Westminster Canterbury Drive and Hickory Lane. As shown on the layout exhibit this one entrance would have to be located within a 135 foot space near the existing boundary between 53A -A-5 and 53A -2-C. Entrance 2 would meet the spacing require- ment with the closure of entrances 1 and 3. Due to a lack of depth on 53A -2-C, the re- construction of entrance 2 to current VDOT standards would interfere with vehicle circu- lation immediately in front of the existing restaurant. It would also eliminate a significant amount of parking area now serving the restaurant. The logical location for the entrance is on 53A -A-5 as shown on the layout exhibit. 0803001 PAINTER-LEWIS, P.L.C. Mr. Eric Lawrnece May 28, 2008 have spoken with Mr. Robert Hassinger, owner of the Continental Restaurant, and I have proposed the option of closing his two entrances and providing access via the pro- posed entrance shown on the layout exhibit. Mr. Hassinger is not willing to close his en- trances at this time. I provided Mr. Hassinger with a copy of a draft letter stating his posi- tion. He did not indicate whether or not he will sign it and forward it to you. rlease consider the following in support of the proposed waiver: o The existing entrance to Oates Grocery will be closed. o A new entrance will be located further from the Westminster Canterbury Drive in- tersection. o The new entrance will have a deceleration lane and it will be designed to VDOT standards. o The location of the new entrance will ultimately meet the requirements of Section 165-29 and it is the logical location for the single entrance that can serve all par- cels fronting on Route 522 between Westminster Canterbury Drive and Hickory Lane. o The new entrance will permit "right in/right out" turning movements only. No left turns will be permissible. o A permanent ingress/egress easement will be provided for the benefit of 53A -2-C and the new entrance will be designed to permit a shared access with 53A -2-C. o The location of an entrance from Westminster Canterbury Drive will meet the re- quirements of 165-29. o While access from Westminster Canterbury Drive will serve the proposed devel- opment, the second access from Route 522 is necessary to meet the develop- ment requirements of the proposed pharmacy. In addition, two entrances will bet- ter serve all parcels fronting on Route 522 in the eventuality that entrances 2 and 3 are closed with the redevelopment of 53A -2-C. If you have any questions, please call me. JQUn C. Lewis, P.E., C.L.A. Attachments C: J. Martin 0804007 PAINTER-LEWIS, P.L.C. To: Mr. Eric Lawrence- Frederick awrence –_— _Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 (tel: 665-5651) Date: May 22, 2008 Re: Shared Access with Proposed CVS Pharmacy From- Mr. Robert Hassinger Continental Restaurant 1361 North Frederick Pike Winchester, VA 22603 I have met with representatives of the developer of the CVS pharmacy proposed for the corner of Route 522 and Westminster -Canterbury Drive. I do not at this time wish to participate in the proposed shared access driveway, knowing that the result would be the closing of the two existing entrances to the Continental Restaurant. Robert Hassinger Date / 00' 200' l 55' X 55' PERMANENT ACCESS EASEMENT FOR THE BENEFIT OF PARCEL _--------- __ _ 53A -2 -C NORTH FREDERICK- PIKE 1 0 -71 Fol a 1 1 I 1 1 1 I I I i 1 I I I 1 1 t z ZONED: B2 USE: CRC 1 IL I. 1 4R 2S IED: B OMMERA� 11 S. UPP R CRUST, 3-4-3—D1 ONED: 132 _USE. C.OMMERC i i ZON// E (: B � REtlDENi 1 47 �i y EXISTING ACCESS EASEMENT FOR THE ) BENEFIT OF PARCEL 53A—A-5 j A / 53A-2—D—A 1 W / THOMAS FERRELL z / 53A -2—C ZONED: B2 / ROBERT HASSINGER USE: COMMERCIAL 1 � r— --- ZONED: B2 1 (r j USE: RESTAURANT ------ O I •` Y I � U 1 j 1 I � I 1 r— 1 _fir i 11 ROBERT L. CLARK 1 ZONED: RP 1 USE: RESIDENTIAL � 1 , 1 1 1 1 1 w 1 I — HARVEST COMMUNITES, INC. 536-5-11B ZONED: RP USE: RESIDENTIAL i / 1 1 1 1 1 1 1 I 1 1 I 1 I I I I i 0 h®- Z z U) >< > L ww®� ��ED ix �® ® LL. < (nLLJ Lli0 ^ /ryV �t M LLd L!. < ® M a LA Q IX 1JIn O ■ ■ ► i FREDERICK PLAZA LAND TRUST 53D-3-1 11K W ZONED: B2 > USE: VACANT 1c:1 1 Q) O 4- (p 1� r7 o U5 N Lo M U) � N w U-) F - gamma z N co IQ IU 0f c CD Ld 0 U z 6' : Lo Q g�Jl (n Ld 1 1 °� 1 � Q) 1 I 1 I i FREDERICK PLAZA LAND TRUST I 1 1 1 53D-3-4 1 ZONED: B2 1 USE: VACANT / 00' 200' l 55' X 55' PERMANENT ACCESS EASEMENT FOR THE BENEFIT OF PARCEL _--------- __ _ 53A -2 -C NORTH FREDERICK- PIKE 1 0 -71 Fol a 1 1 I 1 1 1 I I I i 1 I I I 1 1 t z ZONED: B2 USE: CRC 1 IL I. 1 4R 2S IED: B OMMERA� 11 S. UPP R CRUST, 3-4-3—D1 ONED: 132 _USE. C.OMMERC i i ZON// E (: B � REtlDENi 1 47 �i y EXISTING ACCESS EASEMENT FOR THE ) BENEFIT OF PARCEL 53A—A-5 j A / 53A-2—D—A 1 W / THOMAS FERRELL z / 53A -2—C ZONED: B2 / ROBERT HASSINGER USE: COMMERCIAL 1 � r— --- ZONED: B2 1 (r j USE: RESTAURANT ------ O I •` Y I � U 1 j 1 I � I 1 r— 1 _fir i 11 ROBERT L. CLARK 1 ZONED: RP 1 USE: RESIDENTIAL � 1 , 1 1 1 1 1 w 1 I — HARVEST COMMUNITES, INC. 536-5-11B ZONED: RP USE: RESIDENTIAL i / 1 1 1 1 1 1 1 I 1 1 I 1 I I I I i 0 h®- Z z U) >< > L ww®� ��ED ix �® ® LL. < (nLLJ Lli0 ^ /ryV �t M LLd L!. < ® M a LA Q IX 1JIn O ■ ■ ■ N Q) O 4- (p N r7 o U5 N Lo F, U) � N U-) 3 gamma ai N co N o c CD 6' Lo Q g�Jl (D > 11 °� Q) a O � E ,aIjs a p JJi I` I A Oc F--- L- E I : 2g ,� w wagon 00 £< SURVEY: C -I.: P—L NA DRAWN BY: JOB NO.: JCL 0803001 SCALE: DATE: 1 "=60' 05/27/08 SHEET: DWWAIVER COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDU Y� TO: Planning Commission FROM: John A. Bishop AICP, Deputy Director - Transportation RE: Traffic Impact Analysis (TIA) Standards DATE: August 20, 2008 For your discussion and feedback, staff has attached a current draft of the Traffic Impact Analysis Standards under development by staff and the Transportation Committee. The purpose of these TIA standards is to ensure that the County continues to have TIA's submitted where we believe necessary and not just where required by VDOT's new Chapter 527 regulations. They are also meant to ensure the quality and completeness of the analysis, and that the analysis is presented in the most readable manner possible. The ultimate desire is for a product that does not need to be debated at the Planning Commission and Board of Supervisor level, allowing the focus to be on the impacts as opposed to the study. Staff and the Transportation Committee have held two meetings with local consultants and development industry representatives as we try to work through their concerns. Staff will be in attendance to present the standards and discuss the issues raised to date. We are seeking feedback from the planning commission on this draft policy. Attachments UNTI-TWIM 107 North hent Street, Suite 202 e Winchester, Virginia 22601-5000 Traffic I.npact Analysis Standards Draft 3 08/18/08 A Traffic Impact Analysis (TIA.) is required in order to allow County Officials and staff the opportunity to assess the impact of a proposed development. The TIA should provided sufficient information to allow this assessment to take place. A.ny application that includes a TIA, as determined by planning staff, which does not meet the standards laid out herein shall not be considered complete. These TIA standards shall be applicable to rezonings, masterplans, subdivisions; and site plans. When a TIA is required Any action that meets the thresholds outlined in the Virginia Department of Transportation Chapter 527 .regulations shall require a TIA (see attached VDOT table). Additionally, Frederick County may choose to require a TIA under the following scenarios; I. Any proposed action that is expected to generate 1200 or more vehicle trip ends per day or 100 or more vehicle trip ends in the peak hour and has not previously had a TIA clone for similar or greater trip generation. Additionally, staff may require a TIA for any level of traffic generation on corridors facing, significant congestion or safety concerns as determined by the professional judgment of the planning staff. 2. Any significant intensification of use as determined by planning staff 3. A change in use that, while not resulting in greater trip generation, results in a significant change in trip demographics or peak travel tunes resulting in an unstudied impact on the transportation. system. 4. An updated TIA shall be required for any TIA that is 9 months or greater old, as determined by the TIA publication date, so long as the delay which causes the TIA to be out of date is not primarily due to actions by the Planning Commission or Board of Supervisors. Planning Staff shall have the ability to waive this requirement if they deternine that the age of the TIA does not significantly impact the ability to determine impacts of the proposed action on the surrounding network. .Process and Report Requirements 1. Each TIA will be required to undergo a formal scoping meeting with VDOT and County Staff at the regular VDOT engineers meeting. The applicant shall be responsible for scheduling the scoping meeting and it will be the responsibility of planning staff to make sure they are in attendance. Applicants will not be required to re -scope the project due to a failure of planning staff to attend the original scoping meeting. 2. Each submittal must include the following: a. All required. VDOT copies and pain lent for Chapter 527 submittal, and all items on the attached checklists which can be found in the Traffic hnpact Analysis Regulations Administrative Guidelines published by VDOT in September; 2007. Utilize the subdivision plat or site plan package checklist for master plans. b. I paper copy (or PDF on CD) and 1 CD with modeling files. If submitting PDF copy of the report, both report and n-iodeling files may be on the same CD_ Each TlA must include the following; a. An executive summary which summari.zcs the development, significant findings of the TIA, and impacts of proposed mitigation b. Sections on existing traffic, existing traffic with build out year background traffic, existing traffic with build out year background and development generated traffic, existing traffic with :full background traffic, and existing traffic with full background and development traffic. In certain situations it may be appropriate to eliminate some of the above scenarios or to have other scenarios included; the planning staff in concert with VDOT is enabled to male these modifications at the scoping ineeting with the applicant. c. The TIA must include all proposed access points, with details about access type. d. Accident Data for the most recent 3 year period to include accident type and severity e. Appendices thatinclude output report sheets from the analysis software grouped according to location. f. Planning staff and/or VDOT may require additional analysis as required by the uniqueness of each development. Technical Details l . Trip generation must be determined using the most .recent addition of the ITE Trip Generation Report unless agreed to by VDO— T and planning staff. Only trip generation methodology approved by VDOT and planning staff at the scoping meeting may be used. 2. The TIA rnust depict a worst case scenario alloy Table under the proposed zoning as determined by planning staff. The applicant may depict a less than worst case scenario if their proposed proffers would limit their development activities to uses that produce equal or less traffic than what is depicted in. the TIA. 3. Only scenarios approved by VDOT and planning staff may be included in the TIA. If the applicant wishes to include other scenarios in their presentation to the Board of Supervisors and/or Planning Commission, that will be allowable. 4. Existing signal tunings provided by VDOT must be used for existing conditions, However, where exi.sti.ng signal timings are not operating optimally as demonstrated by the applicant and agreed to by VDOT, an E improved signal. timing plan may be used if that plan will be provided to VDOT. 5. Level of Service (LOS) must be considered for all movements and approaches and shown graphically iii. the report. 6. When level of service does not meet the requirements of the comprehensive plan, the report must in.elude suggested improvernents that would meet the requirements of the comprehensive plan. 7. When a neN1 signal is proposed, arterial level of scrvice must. be analyzed. This must include a signal progression analysis if warranted. S. When conditions of existing or existing with background scenarios result in level of service l~, additional. analysis must be done when development traffic is added in so that the impacts of the new development may be considered. Items to include when doing this comparison are intersection capacity utilization, changes in delays, queue lengths, and vehicle to capacity ratio. Planning staff could also consider additional analysis that would depict the development impacts in this situation. 3 Administrative Guidelines September 2007 S 1V J.1',�A.&..(� RY s �, ��_C F IC IMI ANALYSIS REGULATIONS .C�.CT REQUIREMENTS -!_ Process 3 threshold Review Process FW* r Comprehensive Plant and Plan I 5,000 VPD on state- _ Application submitted to VDO far review and $1000 covers first and tlmendntlents controlled highways, or comment second review I:dajnr change to VDOT May request a nieelinp with file locality :rithirl 34 clays (No fee if initialed by infrastructure I transportation locality or other public facilities Review to he complelud in 90 days tar later if agency} �W � mulualfy ayr2ed Rezoning Resiaential 900 Vf 1 ! on st ate-controllod TIA and Application submilled (o VDOT for For fir -,i and Second highways, or review anti cornnnernl review: 100 WH on locality VDOT may request a meetingwith the locality $500- -100 VPH or Less maintained streets AND 'a and applicant witt)in 45 days within 3400 feet ofstate 51400 - more Ilion 100 .maintained highway, or Review to be completed in ,15 days if no VPH 240 VPD AND nwre than meeting is scheduled or v:ithin 120 days doubles current traffic othera:ise (No fee initiated by volume on a slate controlled NOTES: locality Of OtI1F;lplrt7ttc tligh:aay- agency) 250 VPH or 2500 VPD an All Other 1_ 1aVtnen 2 related comprehensive Land Uses state-controlled highways, or plan revision and rezoning proposal „ are heintg considered concrrrmnily 250 VPH or 2500 VPD on for the carne geographical area, focality maintained streets then only a rezoning T1A package AND :within 3400 feet of a is squired- slate Maintained highway Subdfvision Piat, Site l�c:sldential '300 VPH on state-controlled TIA and Applicallon and Plans subrllitted to FQf first and Second Plan, or Plan of highways, or VDOT for review and comment.. review: Development100 VPH on locality VDOT may request a meeting with the locality 4 r 00 - 100 IIPH or less J maintained StfeL'(5 AND and applicant within 30 days within 3000 feet of a state maintained highway, or Review to he comploled in 30 days if no X1000 intone than 100 meeting is scheduled or vaithin 90 days VPH 200 VPD AND more than otherwise {No fee Initiated doubles current traffic IVOTf=S' locality or other public ubllic volume on a stale controlled agency} hi hwa 1. Not required IF assumplions and conclusions remain valid in the All Other "' 250 VPH or 7„„504 VPD on Rezoning TIA submitted to VDOT state-controlfed highways, or in accordance with Chapter 527 (must include copy of previous TIS 2.50 VPI -I or 2500 VPD on if rezoning approval is more than 2 locality maintained streets years old} AND within 3000 feet of a 2. Required IF a Rezoning TIA was state rnatntained highway NOT submitted to VDOT in accordance with Chapter 527 3. Required IF conditions analyzed in Rezoning TIA submitted to VOOT in accordance with Chapter 527 have materially chantged such That adverse impacts to state-controlled highways have increased For proposals generating less than 1000\1PH the locality andlor applicant may request a Scope of Work f rleeting with VDOT. For proposals generating 1000 VPH or more the locality andfor applicant shall hold a Scope of kNork Meeting with VDOT. r,= Third or subsequent submissions require additional fee as though they were an initial submission. For mixed use developments, a proposal is deemed IQ have significant impact if the trips associated with the residential component exceed 100 VPI 1. or it the total trips generated exceed either 250 VPH, or 2500 VPD. 7� 3 edminish-ative Gttkl :line., Sepleinber M 07 ctniz;c1,cccicli�t Package Tralli.c .Impact Analysis Regul-ations: 24 VAC 30-155-40 ❑ A o.,OV R SHEET COtltaillillb: ❑ Contact.Infortllation for the ❑ Locality, ❑ Developer (or ow-ner), if applicable; Site Infornladon ❑ Rezoning location, ❑ Highways adjacent to the site, ❑ Parcel number or numbers; ❑ Proposal Sitllirnrtr): tit,ith the ❑ Development's name, ❑ Size (acreage), ❑ Proposed zoning, ❑ Propose(] types of land rises, including maxinilm-i number of lots or maximum business square feet, and El A Statement regarding the proposal's compliance with the comprehensive plan. 1-1 ❑ A 'I'RAI;l+IC .;N-it',1c-i- NALN''SIS prepared III accordance with 24 -VAC -30-155-60. ❑ A CONCEPT PLAN of the proposed development. ❑ ANY PRO T+ITERED CONDITIONS st.ibinitted by the applicant. ❑ FEES - ❑ i -+[}r the initial or second review of a rezoning proposal, a single fee for both reviews will be determined by the number of vehicle trips gencrated per peak .hour of the generator, as follows: ❑ 100 or less vehicles per peak hour- S500 ❑ More than 100 vehicles per peak hour - S1,000 ❑ Fov a third or subsequent submission of a, rezoning proposal that is requested by VDOT on the basis of the Failure of the applicant to address deficiencies previously identified by VDOT, the fee is equal to the initial fee paid. AdII-3inistralive Guidetllies Se pteli bei- 200 r: Subdivision 'Plat € r Site 'tart PackwYe Checklist Traffic Itnpact Analysis Regrtlatious: 24 VAC 30-155-50 ❑ A COVER SHU—. r containing: ❑ Contact information for the El Locality, C1 Developer (or owner); ❑ Site information L❑ Development location, El 1-lighNvays connected to, ❑ Parcel number or Dumbc rs; and ❑ Proposal summary tivith the ❑ Developnnetit name, ❑ Size to acres. ❑ A SttPP LiV1r.N TAL TRAFFIC A: A .VSfS its defined in 2=I-VAC-30-15ti-50 C. ❑ A CONCEPT PLAN of the proposed developmettt_ ❑ A LIST OF T'rzt314<t ttt tt CONDITION'S apl-roved by the local government that apply to the development, ❑ f'.EE5 - El For the initial or second review of subdivision flat, site plan, orplan of development accornpanied by a supplemental traffic analysis, a single fee for both reviews will be determined by the number of vehicle trips generated per beak hour of the generator, as follows: ❑ 100 or less vclucles per peek. hour - 5500 EJ More than 100 vehicles per peals hour -- S 1,000 ❑ For a third or subsequent submission of s subdivision plat; site plan, or plan of development accompanied by a supplemental traffic analysis that is requested by VDOT on tite basis of the failum of the applicant to address deficiencies previously identified by VDOT, the fee is equal to the initial fee paid. l7