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PC 05-05-04 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 5, 2004 7:00 P.M. CALL TO ORDER TAB 1) Committee Reports ................................................ (no tab) 2) Citizen Comments ................................................. (no tab) _PUBLIC HEARING 3) Conditional Use Permit #06-04 of East Side Raw Bar & Grill, for expanding a non- conforming use. The property is located at 1815 Millwood Pike (Route 50 E), and is identified with Property Identification Numbers 64-A-144 and 64-A-145 in the Shawnee Magisterial District. Mr. Cheran ...........................................................(A) 4) Rezoning #05-04 of Burlington, LLC, submitted by Gilbert W. Clifford & Associates, Inc., to rezone .78 acres from RP (Residential Performance) District to B2 (Business General) District. This property is located east of Winchester and north of Route 50, on the ease side of Tulane Drive, behind the former Hardee's Restaurant, and is identified by Property Identification Number(s) 64A-2-12 and 64A-2-13, in the Magisterial District. Mr. Camp............................................................ (B) 5) Solenberger Trust - Withdrawal from Agricultural and Forestal District Mr. Beniamino ........................................................(C) 6) Ordinance Amendment - Restaurant Use in B3 District Mr. Cheran ...........................................................(D) PUBLIC MEETING 7) Master Development Plan #04-04 for Hiatt Run Adult Community, submitted by Painter -Lewis, P.L.C., for 47 single-family small lot dwelling units. The property is located at the intersection of Route 11 and Route 838, near Stephenson, and is identified with Property Identification Numbers 44-A-17, in the Stonewall Magisterial District. Mr. Camp.............................................................(E) 8) Other Front Lobby • :7 • 4lo�.r CO CONDITIONAL USE PERMIT #06-04 EAST SIDE RAW BAR & GRILL Staff Report for the Planning Commission Prepared: April 16, 2004 Staff Contact: Mark R. Cheran, Manner 1 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. Planning Commission: Board of Supervisors: Reviewed Action 05/05/04 Pending 05/26/04 Pending LOCATION: This subject property is located at 1815 Millwood Pike (Route 50 E). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-145 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Restaurant ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) and M-1 Industrial Light Zoning District Land Use: Residential, Vacant, and Industrial PROPOSED USE: Restaurant Use. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 50, 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 minimum commercial standards. Fire Marshal: Building egress must be maintained. C.U.P. #02-04 April 16, 2004 Page 2 Health Department: The Health Department has no objection to the construction of an outside dining area provided it does not extend beyond the gravel lot behind restaurant, where it could impact the drainfield. An application and $40 plan review fee must be remitted to our office before you begin construction. Inspections Department: No comment at this time. Shall comment at site plan review. Planning and Zoning: The Frederick County Zoning Ordinance allows for restaurant use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This property is currently operating as a restaurant. This proposed CUP will bring this property into conformance with the Frederick County Zoning Ordinance, as related to restaurant use in the RA Zoning District. A restaurant has operated on this site since the 1960's. The applicant proposes to add a outdoor dining deck with an area of 1100 square feet. The site currently has a thirty-four (34) space parking lot. This parking area is in compliance with the requirements for parking areas in the RA Zoning District. Granting approval of this Conditional Use Permit will ultimately accomplish two things: First, the CUP will legitimize the seafood restaurant. Second, the CUP will enable the owner of the property to construct an outdoor seating area. STAFF CONCLUSIONS FOR THE 05-05-04 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 future expansions of this restaurant use shall be in compliance with Section 165-27 of the Frederick County Zoning Ordinance, as related to parking areas and landscaping. All improvements shall be in place prior to any building permits being issued. 3. Any change of use or modification more than 2000 square feet ( deck or building) shall require a site plan and new Conditional Use Permit. Submittal Deadline 6 `IL P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the �( --w owner other) NAME: ��1{al'�7-/`f [� LGP,rFt' ; �(. !.► 151 ADDRESS. IS3 � 'I� �'�(�� 11i �LLI',`=5iL'/e \/A �7CnOZ TELEPHONE szk 3 2. Please list all owners, the property: occupants, or parties in interest of LL ( 3. The property is located at: (please give exact directions and include the route number of your road or street) !�5 E to e'sr / - I , 5 le© 4. The property has a road frontage of feet and a depth of ge o feet and consists of ;Z- P acres. (Please be e act) 5. The property is owned by f tas evidenced by deed from IA (11 e'_ ; q. ,LO Fv 9 �1- ; LL- recorded (previous owner) j<— in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of ,� Frederick. 6. Tax(Parcel)Identification (I. D.) No. �� - /.3 (�� Magisterial District '� N/4r��' C� 1� 15 7-r, + C I Current Zoning 7. Adjoining Property: USE ZONING North East South dnf„�r � 141•1 West 8. The type of use proposed is (consult with the Planning Dept. before completing) % 1 e" iF / �/�I�C r✓ �V��@ - 9. It is proposed that the following buildings will be constructed: E, L'- 5 f D Z (} t- IL ,c rbc vF .4 ?�-c CGI 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 r <Uf - t�� c !L_. 1..�� ! 5( zo L ADDRESS PROPERTY ID#` - NAME -4 C: , �.- C ADDRESS PROPERTY ID# NAME , L L L ADDRESS PROPERTY ID# Lj - 0- - l C NAME, L PROPERTY ID#' NAME p" ��1 J PROPERTY IDI 4 41 >4L- i J NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS y ADDRESS t• r:u �_ c s-1� 2 ZG °Z ADDRESS r - r. ADDRESS �;ti� .� C t Ste,/, J C zT, '2- ADDRESS 2 ADDRESS 64-A-81 Winchester Industrial Park, LLC 1936 Millwood Pike Winchester, VA 22602 West of Property 64-A-13 9 J&G, LLC 253 Bush Drive Winchester, VA 22602 (North of Property) 64-A-144 J&G, LLC 253 Bush Drive Winchester, VA 22602 North of Property 64-A-143 J&G, LLC 253 Bush Drive Winchester, VA 22602 (East of Property) 64-A-146 Walter R. & Deborah A. Sealing 1825 Millwood Pike Winchester, VA 22602 (South of Property) 64-A-148 J&G, LLC 253 Bush Drive Winchester, VA 22602 (Southeast of Property) 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. Location Map 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 Owners' Telephone No. 5-4D ,u Z0 6v 3 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: l� 7 a •f�� 9 t t :. � iie 9�. �. �w.•: •�� r� 64 A 140 J J&G 71-� �-c�►f f RA GI •sill* avo',\ RA RA 1. 14 East • Raw Bar & Grill .4 ■ ■■■■■■ ■■■■■■■ ■■ _I J■■■■■■■■■■ 0 100 Fee ■ ii ■iriii .�: i •a�� ; _..,, `., '4_ F Fp L*T1 ��. k r ",M.:F} Eke s:;..' -Ti S .. 1�i •}�w't. r, '� r.` +b�,.( , � 'y � ( + y' �,`�' .�" ';�t� d��i '" y I ■ j , �IJ • ? T.. S S ps .�A PSS K} 4� East Side '.. S,�`t„y R' + !°... F �; e ? Vii."'• fi 4.. i h' y `M' Raw Bar I • ,• �*. T s y 0.i ., . ? i� �,� .. 1 - e1 i,} _ a 1� I to n�. y y.•� 7' 4 + ,4x rt} `'+�Si i. alis �' j�,f y�. "R`' F �,pF 4 `S - ,� L:'.. ■■ �jMEN C,�.n , a]: .�� . _ . . • d'C-y. r t. .v ,}� ,y Y�." 1. y�. y 0 80Feet■■ • • C� REZONING APPLICATION #05-04 BURLINGTON, LLC Staff Report for the Planning Commission Meeting Prepared: April 19, 2004 Staff Contact: Jeremy F. Camp, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/05/04 Pending Board of Supervisors: 05/26/04 Pending PROPOSAL: To rezone .78 acres from the RP (Residential Performance) District to the B2 (Business General) District. LOCATION: The property is located east of Winchester and north of Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant, MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMB : 64A-2-12 and 64A-2-13 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP (Residential Performance) District South: Zoned B2 (Business General) East: Zoned RP (Residential Performance) District West: Zoned B2 (Business General) PROPOSED USE: Parking lot to serve adjacent commercial use REVIEW EVALUATIONS: Use: Residential (College Park Subdivision) Use: Vacant (Intended site of future hotel) Use: Residential (College Park Subdivision) Use: Commercial (Holiday Inn) REZ Burlington, LLC Page 2 April 19, 2004 Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 797. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Burlington, LLC rezoning application dated March 17, 2004 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Fire lanes and emergency vehicle access shall be identified during the site plan process and shall meet the requirements of Frederick County Code section 90-4 and the International Fire Code in force at the time of construction. Fire lanes are required at all fire hydrants, fire department connections and all normal and emergency access points to the structure. Water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4 and Appendix B of the International Fire Code in force at the time of construction. Plan approval recommended. Millwood Station: Fire lanes need to accommodate aerial ladder trucks. Proper hydrant coverage. Frederick -Winchester Service Authority: No comments. County Engineer: Provide a narrative indicating the proposed method of stormwater management to be applied to the site development, i.e., on-site detention or possible off-site drainage improvements. Sanitation Authority: We do not serve this area. Inspections: Demolition permit is required for structures to be removed along with asbestos inspection in accordance to section 112.1.4. No additional comments required at this time. Shall comment at the time of site plan review. Health Department: Health Department has no objections to the request as stated as long as available public water and sewer are utilized. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the First and Second Battles of Winchester; however, they are currently part of College Park subdivision and already contain a house and, therefore, have lost their integrity. REZ Burlington, LLC Page 3 April 19, 2004 County Attorney: Appears to meet all legal requirements. Frederick County Public Schools: No comments at this time. Frederick County Department of Parks & Recreation: No comment. Winchester Regional Airport: The proposed rezoning request for the Burlington, LLC property is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. Winchester City Planning Department: No comments other than to note that having the direct connection to Route 50 so close to the signalized intersection seems like poor planning. Should consider making it a right-in/right-out access only and make use of the side street entrance for all left - turn movements. Planning & Zoning: 1. Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the subject parcel as R-2 (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) Location: The property is behind the site of the former Hardee's Restaurant on Millwood Pike (Route 50). It is located east of Winchester, on the east side of Tulane Drive. The two parcels of land consist of .78 acres of land, and are currently lots 12 and 13 of the College Park Subdivision. The site of the proposed rezoning is within the Shawnee Magisterial District. A single family residence is persently located on the subject site. 3) Comprehensive Policy Plan: Land Use Compatibility: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1-1) The area comprising this rezoning is within the study limits of the Route 50 East Corridor land use plan, but are outside of the area planned for future uses. The .78 -acre site is within an area REZ Burlington, LLC Page 4 April 19, 2004 of existing residential uses adjacent to existing commercial uses. Introducing commercial uses within the residential neighborhood may impact existing residents. Efforts should be made to minimize these impacts. (Comprehensive Policy Plan, pages 6-17 through 6-20) The subject property is within close proximity of the Interstate 81 Interchange (exit 313). As described in the Frederick County Comprehensive Policy Plan, the "Idealized Interchange Development Pattern" includes retail and service uses within closest proximity of interchanges, followed by buffered residential uses. The proposed rezoning appears to be generally consistent with this land use policy standard. (Comprehensive Policy Plan, page 6-10). The UDA (Urban Development Area) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. Substantial areas of land are needed for business uses in the UDA. The subject property is located entirely within the UDA. (Comprehensive Policy Plan, p. 6-1, 6-2, 6-5). 4) Site Suitability (Impact Analysis Statement) A. Flood Plain: none B. Wetlands: none D. Steep Slopes: none E. Soils: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Clearbrook-Blairton soil association, which is the predominant association on land located east of Interstate 81. It is noted that these types of soil present some limitations to site development due to a seasonal high water table, frost, and depth to bedrock. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. F. Historical Resources: none 5) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: RI ,EZ Burlington, LLC Page 5 April 19, 2004 Monetary contribution of $3,000 to Frederick County for Fire & Rescue and Police Services. General conformance with the associated General Development Plan (GDP) Planning Staff Comment: The GDP states that there will be a meeting room in the proposed hotel facility on the property to the south. The nature and size of this meeting room will need to be clarified by the applicant during the site plan review process to ensure that adequate parking and safety improvements are provided for the facility. There may need to be more than 116 parking spaces for the facility, depending on this information. Provision for a landscape screen and a 6' tall opaque fence along the east and north property lines. Planning Staff Comment: This proffered screen is a requirement of the Frederick County Zoning Ordinance. Enhanced landscaping and/or fencing should be considered. • Provision that the site will only be used for a parking lot. • Restriction of access other than through the future use on the adjoining B-2 parcel to the south. • Modification of the existing entrance along Millwood Pike (Route 50) as to restrict the entrance and exit of eastbound traffic. • Limitation of only one commercial entrance on Tulane Drive for the entire future hotel site. No entrances shall be located on the property proposed for rezoning. • Planting of a continuous evergreen hedge row along Tulane Drive. STAFF CONCLUSIONS FOR THE 05/05/04 PLANNING COMMISSION MEETING: This application is a request to rezone .78 acres of land from the RP (Residential Performance) District to the B2 (Business General) District. The applicant is seeking the rezoning of this property with the intent of developing a hotel on the parcel to the south and using the .78 -site for parking. The proffer to limit the future use of the subject property as a parking lot only, along with the other proffered conditions, help mitigate much of the impact that this rezoning will have. All issues identified by the Planning Commission during the scheduled public hearing should be adequately addressed by the applicant. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. y 4 It �\ ---------- 64 A 110 \ '+ SHENANDOAH UNIVERSITY k d z.. - 64A 8 3 35 !J"'fir/y`y' •'' 'M SHERWOOD 64A 3 A APPLE BLOSSOM PROPERTIESIra LE L J� QVT 0 / REZ # 06 - 04 Burlington LLC / 75 64A4I BURLINGTON,N,LLC / % f/ PINs /64A 3 B 64A — Z — 12 \ \ i SAH1& AYANN, INC f' 64A 2 13 �0 Feet F a !•�5� r Bg�t r L iss�`• 5 jzl :: Y ��F?� _ �:4>r.1 z 64 A 110 HENANDOAH F a UNIVERSITY �r' v S d iY .F �i•�r��y ��Y� � _ 64A 83 35SHERWOO n t ',� •s �u L RIP h .. 5rf v`. }S�4 L. N � � ll�r � 4 7 -� 5. ^4 d'[t � ? T .j ♦ • \ / j �`\ �, . s ARL: �{jM K N O Rl�iz m-, (�y`�Y{ f;a x��'�a °i� ��" i ��•�l�axlt i�x r�.a s k;. �, jsa>x` � Z ry�2 ^ ,..\ .\\\ /; l +r RP m Ar ,r� r v ' r gi;; 4 RP RP 05 04 `+ / � REZ — MYk,A 'i�,�"*¥-Ta '�34'�, v^�r�i i Burlington LLC r [ PIN s �r 44 BURL INGTON LI,C� I / v ~\ \ ,'kms i��t� .iy �• � a �� i {��' �a � 1 � ��•"� t� �i�Ba�j' + � ! t t � r ft a �'�. � / / 4 ��L 64A - 2 -12 Fx r ac i . {7 � �+ r TY �•� i f x 64A -2-13 4 � es" ` �i "ri}'t3 49' �t "Y'��° ++��+ Y,� r7 - �\ i � � 11 i, '..s� i'��., r , rJ1 �i�x of �f [ 41 � •3c1r o-2'., �( t �J WE 0 100 Fe 'aF3yFi�' �;*, {' F } '�: -17 Je ' rf f pity.. < Kl"7 s.rph.�S ¢ rX f� .. � .� ® •' �s S' - � j� �' f ' W � y, x� r °-. art'yri �' � � y �` ,✓ r b r 'rw _ A Y �� s i �{��'�� t„r �d.Y w f • k Nk1FF �p �4 to ' ,r �� •` '``� t �`-SJ. w �: M p3 • a - ti* REZ # 05 - c Burlington PINs 34A-2-12 ;AA -2-13 REZONING A PPL ICA TION x SHEMRt f ,�WVERSITY 1p Ao z T j, 14tiv 1" X �114 E= PLAZA C. J, BURLINGTON L.L.C. FEBRUARY, 2004 F -pa -A BY, gMmrt v. elffford & amodates. In& Engineers Land Plannom Water Quolity 117 E Pi=* SL Wim&testff, Vk0io 22601 VDM (540) 667-2139 FAY- (540) 665-0493 aft gwelffOmnsine.com Burlington LLC Rezoning Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE BURLINGTON LLC PROPERTY Shawnee Magisterial District April, 2004 Prepared by: Gilbert W. Clifford & Associates a division of Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 T al;ie of C"- i,tents I. Application II. Impact Analysis II. Fiscal Impact Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket Burlington LLC Rezonine Burlington LLC Rezoning APPLICATION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Srg1 Fee Amount Paid Zoning Amendment Number Date Received PC 1 -fearing Date BOS Hearina Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates Inc. Telephone: 667-2139 Address: 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Burlington, LLC Telephone: '540-648-4283 Address: 150 Wingate Drive, Winchester, VA 22601 3. Contact person if other than above Name: Chuck Maddox Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 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: Bipen Patel 6. A) Current Use of the Property: Vacant B) Proposed Use of the Property: Hotel Parking Lot 7. Adjoining Property: See Attached PARCEL H) NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. 2 Information to be Submitted for Capital Facilities Impact Model In order- for the Planning Staff to use its capital facilities impact model; it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 64A-2-12 & 13 Magisterial: Fire Service: Rescue Service: Shawnee Millwood Station Millwood Station Districts High School: Middle School: Elementary School: James Wood James Wood Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home -1 Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other Parking lot for 100 room motel 3 Current Zonin Zonin Re uestedRP B2 n Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home -1 Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other Parking lot for 100 room motel 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I- (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (bur) knowledge. Applicant(s) Owner(s) Date Date 21.s'/a-�- 64A-2-10 64A-2-11 64A -3-A 64A-3 -B 64A-4-1 64A-8-3 64 -A -4A 64A-102 64-A-107 64-A-101 M Harley N Oates Sr. Apple Blossom Pro-perti Sahi & Ayann, Inc. WMW investments Ruth T. Sherwood Delco Development Co Delco Development Co. Apple Blossom Shenandoah Uni 106 Princeton Drive, Winchester, VA 22602 104 Princeton Drive, Winchester, VA 22602 1370 Neff Ave., Suite U, Harrisonburg, VA 22801 937 Front Royal Pike, Winchester, VA 22602 P.O. Box 2126, Winchester, VA 22604 103 Princeton Drive, Winchester, VA 22602 P.O. Box 334, New York, NY 10021 P.O. Box 334, New York, NY 10021 1370 Neff Ave., Suite U, Harrisonburg, VA 22801 1460 University Drive, Winchester VA 22601 RP RP Residential Residential B2 Commercial B2 B2 Commercial Commercial RP B2 Residential Commercial B2 Commercial B2 Commercial HE Educational I W ' Special Limited Power of Attorney County of Frederick, Virginia Plannilzg Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) WMV -Investments . & Burlington, LLC (Phone) 540-678-4283 (Address)'J.50 Wingate Drive Winchester, VA 226.01 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 02-2194 1 Instr=ent No. 716 on Page 8 6 , and is described as 64A 2 12 & 13 College Park Parcel: 64ALot: Block: _4 Section: Subdivision: do hereby make, constitute and appoint: Ronald Mislowsky (Marne) Charles. E. Madel - yP, PHR A (Phone)4 _667-21 39 (Address)117 E i n To act as my true and lawf d attorney -in --fact for andin ary (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (o`'ur) above described Property, including: a Rezoning (Including proffers)- ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) 0 Subdivision XX Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is Otherwise rescinded or modified. -In witness thereof, e) have hereto t my (our) hand and seal this 19 day of December , 200 3 , Signature(s) State of V#giinia, City/County of Winchester To -wit: Mn ��1 a Not Publre m and for the I, `a�� ar3' urisdiction aforesaid, certify that the person(s), who signed to the foregoing instrument and who is (are) known to me, pens lly appeared before me and has acknowledged the same before me in the jurisdiction aforesaid thisay of�j12QQ '�L E�� My. Commission E�;pires: � Notary Public Burlington LLC Rezoning II IMPACT ANALYSIS IMPACT STATEMENT BURLINGTON, LLC REZONING Shawnee District Frederick County, Virginia TM 64A-2-12 and 13 .078± Acres April 8, 2004 Current Owners: Burlington, LLC Contact Person: Charles E. Maddox Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 540-667-2139 BURLINGTON, LLC REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of parcel 64A-2-12 & 13, owned by Burlington, LLC totaling 0.78± acres. The subject parcel is located on the east side of Tulane Drive (Route 797), approximately 300 feet from Millwood Pike (US Route 50). The current zoning is RP, Residential Performance District. The applicants propose to rezone the 0.78± acres to B2, Business General District to allow for the expansion of the parking lot to serve a future hotel use on the adjoining parcel. Please see the attached Site Plan entitled Burlington, LLC, Rezoning, prepared by Gilbert W. Clifford & Associates dated February, 2004. Basic Information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN 1. Urban Development Area East of Tulane Drive, south of Princeton Drive Shawnee 64A-2-12 & 13 RP District Residential Parking Lot B2 District 0.78± acres Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcels 64A-2-12 and 13 have approximately 420 feet of frontage along Tulane and Princeton Drives. The development of this property as a parking lot will allow for the elimination of an existing private residential access drive serving the existing residence on the subject parcel. Flood Plains The site is located as "Zone C", area outside the 100 -year flood plain. Wetlands The National Wetlands Inventory Map indicated that there are no wetlands on the subject site. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Frederick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 36, and contains the following soil type: 3B Blairton, Silt Loam, 2-7% covers 100% of the site. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RP District Residential South: Zoned B2 District Future Hotel East: Zoned RP District Residential West: Zoned B2 District Holiday Inn 2 C. TRANSPORTATION The proposal to rezone the 0.78± acre -parcel to B2 District to allow for the expansion of the adjoining parking lot will allow for the elimination of an existing private access drive on Princeton Drive. The applicant has proffered that access to this parcel will occur via existing entrances to the adjoining site. Therefore, the proposed rezoning will mitigate an existing impact to Princeton Drive, thus improving access management in this area. D. SEWAGE CONVEYANCE AND WATER SUPPLY The adjoining site has public water and sewer service provided by the City of Winchester Public Utilities Department. No water or sewer service will be required to serve the 0.78± acre -parcel once it is rezoned and developed as a parking lot. Therefore, there is no impact to water supply or sewage conveyance systems. E. DRAINAGE The 0.78± acre -parcel naturally drains to the north and east. The development of this parcel as a parking lot will be designed to direct storm water to the south to an existing culvert pipe at US Route 50. The net impact to stormwater flow along Princeton and Tulane Drive therefore is positive. F. SOLID WASTE DISPOSAL The proposal to rezone the 0.78± acre -parcel to B2 District to allow for the expansion of the adjoining parking lot will allow for the elimination of a single family dwelling. Therefore, the proposed rezoning will mitigate an existing impact for solid waste disposal. G. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures on the 0.78± acre -parcel or within proximity of the subject site. H. OTHER IMPACTS The proposal to rezone the 0.78± acre -parcel to B2 District to allow for the expansion of the adjoining parking lot will not impact other services provided by Frederick County and/or the City of Winchester. 3 Burlington LLC Rezoning III PROFFER STATEMENT RE ZONING REQUEST PROFFER Property Identification Number 64A-2-12 & 64A-2-13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST Preliminary Matters Pursuant to Section 15.2-2296 et. Sea., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (B-2). Development of the subject property shall be done in confonnitywith the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B-2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. On Site Development The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1- A full landscape screen along the north and east sides of the subject property as shown as item 1 on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be A' tall at planting and be 2" in caliper. Item 2 - The site being rezoned shall be used only for parking required for the B-2 use on the adjoining parcel to the south. Item 3 - Road access to the combined B-2 use shall be only by approved VDOT entrances on the south parcels and no "entrance shallbe requested onstreets fronting on the parcel requested for rezoning. Page 1 of 3 Item 4 - The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in/out to allow westbound entrance from and exit to Route 50. Item 5 e 3 combined parcels for B-2 use shall have one only'VDOT approved entrance on Tulane Drive to the west. Item 6 - A continuous evergreen hedge row screen consisting of approved shrubs will be planted along the frontage with Tulane Drive of the rezoned parcel. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public Page 2 of 3 bneet 3 or 3 Burlington LLC Rezoning IV AGENCY COMMENTS March 2, 2004 Mr. Tom Price Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development RE: Preliminary Review Comments for Burlington Rezoning Property Identification Numbers (PIN) 64A-2-12 and 64A-2-13 Dear Tom: 540/665-56.51 FAX: 540/665-6395 Thank you for providing me with the opportunity to review the preliminary rezoning application for the proposed development referred to as the Burlington Rezoning. This rezoning application proposes to rezone .78 acres from the RP (Residential Performance) District to the B2 (Business General) District with the intent of using the property as a parking lot for a future hotel/motel. Staff's review comments are listed below for your consideration. 1) General Development Plan. Please show and/or label all zoning buffers and screens and proffered landscaping improvements on the General Development Plan. Please remove what appears to be existing trees from the GDP. These trees can be kept; however, showing them on the GDP is more confusing than helpful. Please also consider proffering general conformance with the GDP. 2) Screening Detail. An upgraded fence and screen would benefit adjoining residential properties. Please consider including a screening detail with the proposed GDP. 3) Access Management. Allowing access to the property exclusively through the southern parcel (hotel site) and removing all existing entrances would help mitigate potential traffic impacts. Staff would suggest that this type of proffer be considered. 4) Allowable` Uses. Staff suggests that the owner consider proffering to only use the property as a parking lot. This would ensure that the property would not be used for something else in the future without further review by the County. 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Preliminary Review Comments - Burlington REZ Mr. Tom Price March 2, 2004 5) Millwood Pike Entrance. Staffopposes not removing the existing entrance off ofMillwood Pike, because this entrance does not meet the minimum spacing distance from the Tulane Drive Intersection. Please consider removing this entrance from the rezoning's GDP. A shared entrance with the Motel 8 site would be desirable over such an entrance. A waiver from the Planning Commission would be necessary to allow this entrance to remain where it is. 6) Tulane Drive Entrance. Consider proffering language which limits the hotel site to only one entrance off of Tulane Drive, and that this entrance will be at the location shown on the General Development Plan. 7) Landscaping. Please note that you do not show an evergreen hedge row screen around the entire perimeter of the parking areas facing adjoining roads. Such an evergreen hedge row would be required by the Zoning Ordinance to screen the parking areas (headlights) from Tulane Drive and Millwood Pike. Updating any proposed landscaping illustrations would be appropriate. S) Parking Layout. Please be advised that the landscaped islands shown in the center of the proposed parking lot of the subject properties appear unusual and will be questioned if a site plan shows this same layout. Staff would suggest eliminating the four parking spaces within this center landscaped area and replacing them with landscaped area. 9) Special Limited Power of Attorney. Please have the property owner complete the attached special limited power of attorney form which authorizes you to represent them during the application process. 10) Deed and Plat. Please provide a copy of the most recently recorded deed and plat or survey of the .78 acre parcel. A copy of the deed and plat of the old Hardee's lot would also be helpful since yore incl?di.su ngthlot in the GDP. 11) Verification that Taxes have been Paid. Please provide a receipt from the Treasurer's office which verifies that real estate taxes to the property have been paid. 12) Impact Statement. Please provide an impact analysis statement for this rezoning as specified in the rezoning application. 13) Fees. The fee for this application includes a $1,000.00 base fee plus $50.00 per acre, and a _ - $50:00 P ublic hearing sign fee. Thus a total of $1,089.00 is due upon submission of the official rezoning application. Page 3 Mr. Tom Price Preliminary Comments - Burlington REZ March 2, 2004 14) Agency Comments. Please provide appropriate agency comments for the following agencies: Frederick County Fire Marshal, Frederick County Public Works, Frederick County HRAB, Frederick County Parks & Recreation, City of Winchester, Frederick County Sanitation Authority, Frederick County Service Authority, Virginia Department of Transportation, and the Frederick County Attorney's Office. All of the above comments must be appropriately addressed before staff can accept this rezoning application. Please do not hesitate to contact me with questions regarding this application. Sincerely, Jeremy F. Camp, Planner II JFC/bad Attachment: Power -of -Attorney Statement Rezoning Comments Burlington, LLC Frederick County Department of Public Works Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4th Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accuratelyas possible_in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, �13w itn��,L�c) behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Department of Public Work's Comments: A Q V Public Works Signature & Date: Notice to Dept. of Public Works lease Return This orm to the Applicant 10 Rezonine Comments Burlington, LLC 'Virginia Department of Transportation Mail to: Hand deliver to: Virginia Dept. of Transportation Virginia Dept. of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, VA 22824 Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to ass ist.the Virginia Department of Transportation with their review. ``Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. MaddoX Jr., P.E., VP _ 117 E. PiccadillyStreet, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side' of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Virginia Department of Transportation Comments: documentation within the application to rezone this property appears to have little measurable impact on Routes5b & 797. These proffers offered in the Burlington, LLC rezoning application dated March 17, 2004 addresses transportation concerns fIc N data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way n mprovements and drainage. Any work performed on the State's right-of-way must be covered under a I n. se pe is permit is issued by this office and requires an inspection fee and su ety bond coverage. VDOT Signature & Date:30Oaf Notice to Advisory Board — Please Return This Form to the Applicant 10 C, F{ UA -a j� f` i Rezoning Comments Burlington, LLC Frederick — Winchester Health Department Mail to: Hand deliver to: Frederick -Winchester Health Dept," "'' ''''' ' Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick- Wi.nchester Health Department with their review. Attach a copy of your application form, location map, proffer- statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: Location of Property: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Frederick --- Winchester Health Department's Comments: 441A ) Q / p - - - 7 ��[�^ 7YIPn�% �FG.S p lyy1, ,q�� . �L�f�s "�'"c r'�7t^ fes'("` � rehT ial�i �'i'_c �E� t^'n �,r-'!� iit 1` cMYYY-4CVA/.^✓' r.F" 'A�f��%.ed- Signature & Date: Notice fo Health Department - Please Return This Form to the Applicant 15 Rezoning Comments Burlington, LLC Fire and Rescue Company Name of Fire & Rescue Co. Address & Phone Millwood Station P.O. Box 3037 Winchester, VA 22604 667-1535 Applicant: Please till out the infonnation as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Fire and Rescue Company's Comments f /,2c Z--Z✓-v�-S /,LAfC6/J 7P i Fire & Rescue Company's Signature & Date: Notice to Fire & Rescue Company — Please Return This Form to the Applicant 21 Rezoning Comments Burlinzton, LLC Superintendent of Frederick Co. Public Schools Mail to: Frederick Co. Public Schools Attn: Superintendent P.O. Box 3508 Winchester, VA 22604 (540) 662-3888 Hand deliver to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg, 1415 Amherst St. Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent of Public Schools with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address Location of Property: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Superintendent of Public Schools' Comments: At / t fv ,�;2- 161-0 Superintendent Signature & Date Notice to School Superintendent - Please Return This Form to the Applicant 13 February 17, 2004 Mr. Tom Price Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development RE: Request for Historic Resources Advisory Board (HRAB) Comments Burlington LLC Rezoning DearL-. Price: 5401665-5651 FAX: 540/665-6395 Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the IHRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the First and Second Battles of Winchester; however, they are currently part of College Park subdivision and already contain a house and, therefore, have lost their integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, -a.G�C•t Candice E. Mills Planner I CEM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 —tee SERVING THE TOP OF VIRGINIA / WINCHESTER REGIONAL AIRPORT February 11, 2004 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Thomas Price Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comment Burlington LLC Shawnee Magisterial District Dear Mr. Price: The proposed rezoning request for the Shepard properties is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director RezoninI4 Comments Burlington, LLC Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please„ fill out the intornlation as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant, Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Winchester Regional Airport's Comments A Winchester Regional Airport Signature & Dater o� Notice to Winchester Regional Airport — Please Return This Form to the Applicant z Rezoning Comments Burlington, LLC Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact'analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Dept. of Parks & Recreation Comments: No Comment Signature & Date: 2/5/04 Notice to e t. of Parks & Recreation — Please Return This Form to the Applicant 12 Rezoning Comments Burlington, LLC Frederick County Sanitation Authority TVI -all to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any otherpertinent information. Applicant's Name: Gilbert W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Sanitation Authority Comments: g 01 � Sanitation Authority Signature & Date Notice to Sanitation Xut ority — Please Return This Form to the Applicant 14 Rezoning Comments Burlington, LLC City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, VA 22601 (540) 667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, VA Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres City of Winchester's Comments: �"�,�•� I� lr�'�1 %C'-a`�-U ©ThC.'� 'T�` I'I�VT-'c T`L� ' IG' ' • '� • i( lilfVal /��eh i Q? G' G? 6055' 0 F'! %� Iz /�6 u5'[ /In .5/. r�L � �% Lv� �e �� frv--� L;i`-�1s City if Winchester's Signature & Date:` Notice to City of cheste — Please Return This Form to the i 18 Rezoning Comments Burlington, LLC Mail to Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1st Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Fire Marshal's Comments: Fire Marshal's Signature & Date �-- Notice to Marshal — Please Retur This Form to the Applicant 11 Control number RZ04-0001 Project Name Burlington,LLC Address 117 E.Piccadiliy Street Type Application Rezoning Current Zoning RP Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 2/5/2004 Date reviewed Date Revised 2/6/2004 Applicant G.W.Clifford & Associates City State Zip Winchester VA 22601 Tax ID Number Fire District 64A-2-12 & 13 21 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Applicant Phone 540-667-2139 Rescue District 21 I Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments Fire lanes and emergency vehicle access shall be identified during the site pian process and shall mee'the requirements of Frederica: County Code section 90-4 and -he international Fire Code in force at the time of construction. Access Comments Fire lanes are required at all fire hydre,�','S, Tire department Connections and all ncrmal anG emergency access points to the structure. Additional Comments \',, ater Supplies for firefighting shah meet the requireme f''S of F;ederick County Code section 90-4 and Appendix i1 of the 4nternationai l=ie Code in force at the time of constriction. Plan Approval Recommended Reviewed By Signature_ Yes Timothy L. Welsh Title IN y Rezoning Comments Burlington, LLC Frederick -Winchester Service Author--it- Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Analicant:':_ Please fill out the information as accurately, as possible in order to assist the Department of Public Warks with their review. Attach copy of your application form, location_ map, proffer statement impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Mailing Address: c% C. E. Maddox. Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Phone: (540)67-2139 East of Winchester and north of US Route 50, on the east side of Tulane behind the former Hardee's Restaurant. Current Zoning: RP Zoning RTquested: B-2 Acreage: 0.78 Acres Fred-Winc Servile Authority's Comments: Fred-Winc Service, Signature & Date:_ wity's Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant 24 Rezoning Comments _ Burlington, LLC,,_ Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540) 665-6383 Rand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA Applicant: Please fill out the information as accurately -as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis,iand any other pertinent information: Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address Location of Property: c/o C. E. Maddox Jr., P.E., VP 117 E. Piccadilly.Street Suite 200 Winchester VA 22601 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres County Attorney's Comments: Assistant Cc Rezoning Comments Burlington, LLC Frederick County Department of Inspections Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 01 Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name Mailing Address: Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr., P.E. VP I 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Department of Inspections Comments: I Public Works Signature & Date: Notice to Dept. of ef0 n-7 -e V1 /.. mac — Please Return This to the Applicant 12 Burlington LLC Rezoning ON SURVEY PLAT & DEED 0 0 020021941 THIS DEED, made this j_3_ day of `Dgc I~_..,jie__ 2002, by and between .ED A. FLEET; Widow, of the first part, hereinafter called the Grantor; and VGTON, L.L.C., a Virginia Limited Liability Company, of the other part, called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars 010.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that Certain lot of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the South side of Princeton Drive, In Shawnee Magisterial District, Frederick County, Virginia, designated as Lot No. 12 on the plat of College Park Subdivision, prepared by Lee A. Ebert, C. L. S., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 261 at page 208; Lot No. 12 having a frontage on said Princeton Drive of 100 feet and extending back for a distance of 202.24 feet on its eastern boundary and 208.8 feet on its western boundary with a width in the rear of 70 feet; and being described in the Deed of Dedication dated November 30, 1959, and recorded in the aforesaid Clerk's Office in Deed Book 261 at Page 206, to which Deed and plat and the references therein contained, reference is made for a further description of said property; and being a portion of the same property which was conveyed to Marvin C. Fleet and Mildred A. -Fleet, !his wife, as tenants by the entirety, with survivorship as at common law, by deed from Francis P. Lages, at ux dated May 18, 1965 and recorded in the aforesaid Clerk's Office in Deed Book 311 at Page 218. Upon the death of Marvin C. Fleet, intestate on June 15, 2002, Mildred A. Fleet, the Grantor herein, became the sole owner of said property. Reference is hereby made to the aforesaid instruments for a further and more particular description of the property herein conveyed. A &JO:INSTON RNM AT UW ...cSTEfI VIRGINIA This conveyance is made subject to all easements, rights of way and restrictions of record, If any, affecting the subject property. WITNESS the following signature and seal: EAL) Mildred A. Fleet STATE OF ' i,,,, CITY/COUNTY OF%g-yr To -wit: The foregoing !! instrument was acknowledged before me this /— day of 20qwidow. My commissionexpiresiocicWapp otary u c VIRGINIA: FREDOUCKCO[JiV'I'Y, SCT. This instrument of writing was produced to me on at and with certificate of aclrnowledgement ft- .to annexed was admitted to record. T imposed by Seu i8.1-$02 of c4 $��J_ , and 58.1-801 have been paid, if assessable 4ewClerk 3N JOHNSTON RNErS AT j.AW ESTER VIRGINIA 'i i l.. ).1 If HU C) C) X_ This conveyance is made subject to all easements, rights of way and restrictions of record, If any, affecting the subject property. WITNESS the following signature and seal: EAL) Mildred A. Fleet STATE OF ' i,,,, CITY/COUNTY OF%g-yr To -wit: The foregoing !! instrument was acknowledged before me this /— day of 20qwidow. My commissionexpiresiocicWapp otary u c VIRGINIA: FREDOUCKCO[JiV'I'Y, SCT. This instrument of writing was produced to me on at and with certificate of aclrnowledgement ft- .to annexed was admitted to record. T imposed by Seu i8.1-$02 of c4 $��J_ , and 58.1-801 have been paid, if assessable 4ewClerk 3N JOHNSTON RNErS AT j.AW ESTER VIRGINIA 'i i l.. ).1 If HU 0 u�N Q � N vs N co < G 'l7 m z 1i W V G :9 H C.) 030000966 o THIS DEED OF CORRECTION made and dated as of the 1 < day of January, 2003, by and between NIILDRED A. FLEET Widow, of the one part, hereinafter called the Grantor, and —BURLINGTON, L L C , a Virginia Limited Liability Company, of the other part, hereinafter called the Grantee. WHEREAS, by Deed dated December 13, 2002, of record in the CIerk's Office of the Circuit Court of Frederick County, Virginia, as LR020021941, the Grantor herein conveyed a certain property to the Grantee herein, said property being_therein designated as Lot 12 on the plat of College Park Subdivision (Tax Map Parcel 64A-2-12); and WHEREAS, it was the intention of the Grantor to include in the aforesaid conveyance two contiguous tracts of land, one designated as Lot 12 (Tax Map Parcel 64A- 2-12) which was conveyed by said Deed and one designated Lot 13 (Tax Map Parcel 64A- 2-13) which was omitted; and WHEREAS, in order to correct the aforesaid Deed, the parties have agreed to this conveyance. WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom and the consideration heretofore paid, the Grantor does hereby convey with General Warranty and with English Covenants of Title unto the Grantee, in fee simple, together with all rights, rights of way, privileges, appurtenances and improvements thereunto belonging, all the following described realty, to -wit: " nN & JOHNSTON All those two (2) certain lots or parcels of land lying EYS AT LAW .. TEIL VIRCMA and being situate on the South side of Princeton Drive, Shawnee Magisterial District, Frederick County, Virginia, designated as Lots No. 12 and 13 on the plat of College Park Subdivision, prepared by Lee A. Ebert, C.L.S., of record in the aforesaid Clerk's Office in Deed Book 281, at Page 208, Lot No. 12 having a frontage on said Princeton Drive of 100 feet and extending back for a distance of 202.24 feet on its Eastern boundary and 208.8 feet on its Western boundary, with a width in the rear of 70 feet, and Lot No. 13 having a frontage of said Princeton Drive of 80 feet and extending back for a distance of 208.8 feet on its Eastern boundary and 199.03 feet on its Western boundary, with a width in the rear of 67.9 feet; and being the same realty conveyed to Marvin C. Fleet and Mildred A. Fleet, his wife, as tenants by the entirety, with survivorship as at common law, by deed from Francis P. Lages, et ux, dated May 18, 1965, duly recorded in the aforesaid CIerk's Office in Deed Book 311, at Page 218. Upon the death of Marvin C. Fleet, intestate, on June 15, 2002, Mildred A. Fleet, the Grantor herein, became the sole owner of said property. A reference to the aforesaid instruments and to the references therein contained is here made for a further and more particular description of the realty hereby I1conveyed. This conveyance is made subject to all legally enforceable restrictive covenants, rights of way and easements of record, if any, affecting the aforesaid realty. WITNESS the following signature and seal: Mildred A. Fleet &JOHNSTON f5 AT LAW h.STI:R VIRGINIA STATE OF NEBRASKA, CITY/COUNTY OF iii' , To -wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this- / /-/ day of January, 2003, by Mildred A. Fleet, Widow. My commission expires d GENERAL NOTARY- Stsla pf Ne6resicg KARYN E, MONETO My Comm. ��. Sert. 5.2004 otary Public (NOTARY SEAL) VIRGINIA: FREDERICK CQUNTY, SCT; Th s instrument of -Mi -9 wes ptvdaoad to me i(n— �� at �.M. and with certificate of acknowledgeinent thereto annexed was admitted to record. T imposed by Sec. 58.1_802 of S— 21A , and 58.1-801 have been paid, if assessable Ckrk - ^N B JOliNSTON 'S AT LAW i- .c!k VIRGINIA CD fV O t.n Burlington LLC Rezoning TAX TICKET Trans . yrpe : PA Y� Dept,/Bi 1 I #: RE29k�3'1810'0P/0I1D#�IteS`2/04j'*004; Name: B�_L..IMGTON LLC f84;/2k104 Name 2 : Bill i7rate : 12,/06/20@3 Helf-, / 0 Address: 2 PRINCETON DR Map#: 64A 2 1 U INCH Efi T Ea. VA MMMMMDDSfiL LLL;i 71p'. 22689 - , 3 1 Acreage: .00 Di $I/Cis . 114 , 62 D860 : COL_ L E_E PARK 1 " 1;j Mor tg . Ca . -- ISSN: Status:. Me- - 00 Land:. X11,000 Improve: 0 '-- Original Bill: $48+15' Credits: Use: ...... $48.15 Discount:.x•00 12D06 TVDe Drawer Transit •ChPck•Numaer•,7'rar7s' ..,. / 12003 CHS Amount Balance 12,+'04/"2083 PAY CDS 26820 1B 1021 $40 . 15 $40.15 $40.15CR .00 ----- - --.--�---- -- ------------_ - r — -- - ---- Trans • Type: PAY Dept/B i I 1 # : Name: • 000020194 CUst•Transactions: RE2003= x!00401 t OEti02 , P/I Datd ; 2/04/g01a4 ` 2/'04/2004 BURLTNG Name, 2: IDgj LLC B i 1 1 Date:. 12, 00/2063 Half. a Address: Map#: U4A 2 12 102. PTON P13 WINCHESTER• TON DR MMMMMDDSSL,LLLS VA Zip: 226 -, 4361. Acreage: Mortg.Co•: .00 Dist/Cis 04" 02 aese: COLLEGE "ARK Lie SSN : R -Re . - go - @e@ 000 - 0B - 000 Land: Original Bill: 33 r 50k] $667.22 Improve:. Status: V 49, 300 - Use r, I • • • • • • • • • • • • • • • • • • • • • . . • • Credits: Y 1667.22 Discount: a•00 •'• • • , , . • • . Date '.. Ty �r 12/ari/2003 CHG Drawer TraT Lt ChecMMM k Numberirans • • • . . . • . • . . • • • • • • . Amount BaIante 18/04/2803 PAY CDS 26020. AB 1021 ..mount 3067.22 $6A67 q .22CR $ .08 a • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: David M. Beniamino, Planner n% RE: Public Hearing: Request to remove Parcel 63-(A)-1, owned by the John T. Solenberger Trust, from the South Frederick Agricultural and Forestal District. DATE: April 20, 2004 Please find attached a letter from the Trustees of the John T. Solenberger Trust to Mr. Chris Mohn, Deputy Planning Director, dated January 9, 2004, requesting the removal ofParcels 63-(A)-1 and 63 -(A) - IA from the South Frederick Agricultural and Forestal District. It is noted that research of county documents has shown that parcel 63-(A)-1 A is not a part of the South Frederick Agricultural and Forestal District. Therefore, the request is limited to parcel 63-(A)-1. The South Frederick Agricultural and Forestal District was established in 1980 and has been renewed four times. The most recent renewal of this district occurred in March 2000 for a period of five years. Currently, 11,451.94 acres are contained in this district, which is comprised of 168 parcels. The parcels in question are located in the Shawnee Magisterial District. As noted above, the John T. Solenberger Trust desires to remove the referred 183.01 parcel from the South Frederick Agricultural and Forestal District. The property owner notes that this request was prompted by the recent adoption of the West Jubal Early Land Use (WJELUP), which calls for suburban residential and mixed use development on land located north and adjacent to the subject acreage. Indeed, removal from the South Frederick Agricultural and Forestal District is necessary to begin planning efforts for the subject acreage that are intended to result in its inclusion within the county's Urban Development Area (UDA). Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners with the ability to request removal of land from an agricultural and forestal district through a public process via the local governing body. The Agricultural District Advisory Committee (ADAC) considered this request during their meeting of March 18, 2004. The ADAC unanimously recommended approval of the property owner's request for removal of acre 63-(A)-1 from the South Frederick Agricultural and Forestal District. 107 North Rent Street a Winchester, Virginia 22601.-5000 Solenberger Trust April 20, 2004 Page 2 Attached is a map which delineates the location of this acreage and its proximity to other land within the South Frederick Agricultural and Forestal District. Staff requests that the Planning Commission consider this request and forward a recommendation to the Board of Supervisors for final determination regarding this matter. Attachments FEB 0 6 2004 January 9, 2004 Frederick County Planning Attn: Chris Mohn, Deputy Director 107 North Kent Street Winchester, Virginia 22601 RE: Removal of Parcels 63-((A))-1 and 63-((A�)-1A from South Frederick Agricultural and Forestal District Dear Mr. Mohn, Our family, as trustees of the John T. Solenberger Trust, provided Frederick County with a letter dated November 17, 2003 supporting the expansion of the County's Urban Development Area boundary for properties to the north and east of our land. Furthermore, our letter advised that we plan to work with Frederick County to bring our land into the Urban Development Area as the next logical phase. Please accept this letter as a formal request to undertake the process necessary for removal of the referenced parcels from the South Frederick Agricultural and Forestal District. Due to the recent planning activity in this area it is prudent to begin the planning process for our property now; therefore, it is our understanding that the removal of this acreage from the South Frederick Agricultural and Forestal District is a necessary first step. Please find attached an executed agreement authorizing Greenway Engineering to represent our parcels throughout the process of removal from the South Frederick Agricultural and Forestal District and incorporating these parcels into the County's Urban Development Area. Sincerely, Trustees of the John T. Solenberger Trust C ndi Solenberger, Trusfee Ili, vxl Je olenb u b r, Trustee John Solenberger, Jr., ri tee Stacy See,' rustee rWr. h ♦44 s ♦ � , 4i�1 ♦♦ % %0 t Fd`rr • C MEMORANDUM TO: Frederick County Planning Commission FROM: Mark Cheran, Planner I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Discussion: Proposed Zoning Ordinance Amendments - Restaurant Use in the B- 3 (Industrial Transition) Zoning District DATE: April 21, 2004 The Development Review and Regulations Subcommittee (DRRS) at its February 26, 2004, meeting discussed adding the Restaurant use in the B-3 (Industrial Transition) Zoning District. The Frederick County Zoning Ordinance currently allows the Restaurant use in most of the business and industrial districts. The DRRS recommended adding restaurant uses in the B-3 Zoning District. Restaurant Use by Zoning Districts Restaurants are Restaurants are Permitted Not Permitted B 1 Neighborhood B3 Industrial Transition Business B2 Business General RP Residential Performance M1 Light Industrial EM Extractive M2 Industrial General Manufacturing RA Rural Areas w/CUP R4 Residential Planned Community w/MDP R5 Residential Recreational Community w/MDP 107 North LKer:t Street Q Winchester, Virginia 22601-5000 Staff supports the DRRS recommendation, and would recommend adding restaurant use into Section 165-82 C, B-3 (Industrial Transition) Zoning District of the Frederick County Zoning Ordinance. The current ordinance language is below in italic print; proposed ordinance amendment language is below in bold print. This proposed ordinance amendment is presented as a public hearing to enable the Planning Commission to raise issues and seek clarification. Staff will be available to respond to your questions. Comments raised during this public hearing will be forwarded to the Board of Supervisors for their consideration. ARTICLE X Business and Industrial Zoning Districts §165-82. District use regulations C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. Allowed Uses Standard Industrial Classification (SIC) Restaurants 58 1 C� • MASTER DEVELOPMENT PLAN #04-04 HIATT RUN ADULT COMMUNITY Staff Report for the Planning Commission Prepared: April 16, 2004 Staff Contact: Jeremy F. Camp, Planner II 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 reviewing this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/05/04 Pending Board of Supervisors: 05/11/04 Pending LOCATION: This property is located at the intersection of Martinsburg Pike (Route 11) and McCanns Road (Route 838), south of the Stephenson area. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-17 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP District South: Zoned RP District East: Zoned RA (Rural Areas) District West: Zoned RP District Zoned M 1 District Use: S.F. Residential Use: S.F. Residential McCann Road (Route 838) Use: Agricultural & Public Facility Use: S.F. Residential & Church Martinsburg Pike (Route 11) Industrial PROPOSED USE: 47 single-family small lot dwelling units MDP #04-04, HIATT RUN ADULT COMMUNITY Page 2 April 16, 2004 REVIEW EVALUATIONS: Vir!inia Dept. of Transportation: The preliminary master plan for this property appears to have a measurable impact on Route 11, the VDOT facility which would provide access to the property. The following items need to be addressed: 1) Again, VDOT is requesting a 25' right-of-way dedication be given to VDOT along the Route 838 property frontage; 2) a proposed 4" force main will be required to be located behind the ditch line; 3) the bore under Route 11 at Route 837 will need to be performed at a 90 degree angle; 4) increase the radii at the road intersection that ties into Hayes Meadow Circle to a minimum of 35'; 5) move utilities out from under the road prism; 6) any plantings within the VDOT roadway will need to be performed under a VDOT Planting Agreement between the Developer/Homeowner's Association and VDOT; 7) sidewalk dimensions within the VDOT right-of-way are now 5' in width; 8) CG -12 -A's will be required at all intersections within the VDOT right-of-way; 9) the plan sheet depicts a sidewalk running parallel with Route 11, but passing downstream of the wingwalls of the existing box culvert. Is there some type of pedestrian bridge anticipated in being built there?; 10) under the Traffic Impact Analysis, I believe this is a typo, as you show a traffic count between 4:00 a.m. and 6:00 a.m. generating approximately 50 trips per day; 11) is the entrance depicted approximately 225' north of the proposed new entrance to be eradicated? Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and all -site road improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Fire Marshal: Plans meet the current code requirements; however, during the Site Plan process, we would propose that the proposed fire hydrant #3 be relocated to Lots 8, 22 or 41. Plan approval recommended. Sanitation Authority: No comment. Public Works: Upon review of the subject master plan, we offer the following comments: The proposed plan indicates that the following lots or portions thereof will be placed within the existing flood plain limits: 1, 2, 9, 10, 12, 13, 14 and 15. Consequently, it will be necessary to perform an evaluation to determine if construction within these limits will shift the flood plain limits south to the adjacent property. Additionally, it will be necessary to ensure that the proposed development will not create drainage that will impact off-site areas. Provide a copy of this evaluation at the time of the subdivision plan submittal. As construction of the proposed homes occurs, it will be necessary to address the above referenced flood plain limits. A comprehensive review of the stormwater drainage and overlot grading will be addressed at the time of the subdivision plan review. Geographic Information Systems: Hays Meadow Circle was previously approved for use in the MDP #04-04, HIATT RUN ADULT COMMUNITY Page 3 April 16, 2004 Frederick County system. Any roadway that accesses more than three addressed structures requires a road name. Therefore, private streets A, B, and C, require official road names. Parks & Recreation: Plan appears to meet open space and recreational requirements. Also, staff recommends that the proposed 10' linear Park Trail meet the minimum hard surface standards used by this department for trail construction. Winchester Regional Airport: The above referenced master plan has been reviewed and it appears that it should not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However, the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft arriving from and departing to the north. Frederick County Public Schools: No additional comments at this time. HRAB: See attached letter from Rebecca Ragsdale, dated September 17, 2003. Planning & Zoning: A. Master Development Plan Requirement A master development plan is required for most subdivisions and development of property in Frederick County. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. A master development plan is not intended to be a detailed drawing, but is rather a general schematic of a proposed development. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location This property is located at the intersection of Martinsburg Pike (Route 11) and McCanns Road (Route 838), south of the Stephenson area. The parcel consist of 10.325 acres. It is within the Stonewall Magisterial District. C) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcel as 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. MDP #04-04, HIATT RUN ADULT COMMUNITY Page 4 April 16, 2004 D) Intended Use. The applicant intends to develop 47 single family small lot dwellings, each with 1 '/2 stories, on lots between 4,000 and 6,000 square feet in area. The development is intended to be part of an age -restricted community with both a public and private roads. All streets shall have curb & gutter, sidewalks, and street signs. Extensive landscaping is proposed, including a landscape screen along the east property line which is in addition to the requirements of the Zoning Ordinance. E) Site Suitability Land Use Compatibility: The site of the proposed development is located in an area with a mixture of land uses. The dominant land use in the area is single-family residential. However, agriculture and business uses can be found within close proximity of the subject property. Historic Resources: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, identifies the site as being part of the Second and Third Battles of Winchester core battlefield area. Specifically, the site is part of the arca of Stephenson's Depot. The Frederick County Battlefield Network Plan encourages the strategy of working with developers and landowners to preserve key areas of historical significance. The Historic Resources Advisory Board (HRAB) reviewed the proposed application for Hiatt Run Condominiums on September 16, 2003. The HRAB had great concern over the loss of core battlefield land, and did not believe that the proposed use was compatible with the surrounding land uses. However, the HRAB understood that the parcel is zoned appropriately for the proposed development. Therefore, they recommended various measures that could be taken to reduce the potential impact the development would have on the surrounding properties and historical resources. These recommendations included: changing the building layout to minimize visibility from Stephenson's Depot; reducing the height of all buildings; committing to an architectural design complementary to the area; increasing landscaping along Martinsburg Pike (Route 11); preserving the stone wall that currently exists along McCann Lane; adding a farm fence along Martinsburg Pike (Route 11); and allowing for the possibility of linking the proposed trail with a future trail leading to the battlefield property to the south. Environment: Hiatt Run, a tributary to Opequon Creek, flows through the southern portion of the 10 -acre parcel. There is a zoning ordinance requirement for a riparian buffer along natural waterways in Frederick County. No development or land disturbance is permitted in a MDP #04-04, HIATT RUN ADULT COMMI.7NITY Page 5 April 16, 2004 riparian butter, other than for public facilities, roads, and utilities. Thus, a riparian buffer is required as part of this development. Floodplains also exist on the property and will be surveyed by the applicant prior to approval of the site plan or subdivision design plan. No disturbance of the floodway is proposed by this development. No lakes, ponds, steep slopes, or other environmental features are known to exist on the parcel. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Frederick-Poplimento soil association, which are common soil types found immediately west of Interstate 81, and in some areas east of Interstate 81. These soils are moderately good agricultural soils. Limestone rock outcrops are the mail limitation to use of these soils for community development. Transportation: The site has road frontage along Martinsburg Pike (Route 11 N) and McCanns Road (Route 838). Martinsburg Pike is a major collector road. The Frederick County Primary Road Improvement Plan (priority 2b) depicts this segment of Martinsburg Pike to be improved to an urban four lane system in the future. Furthermore, the Comprehensive Policy Plan delineates Martinsburg Pike as a possible location for a future bicycle trail. McCanns Road is a local road, without plans for improvement at this time. (Comprehensive Policy Plan, page 7-9 and 7-16) Access to the 10 -acre site is proposed via one new entrances off of Martinsburg Pike, a proposed public road (Hays Meadow Circle), and a private road network. The entrance off of Martinsburg Pike meets the requirements of the Frederick County Zoning Ordinance, and has been reviewed by VDOT. The private road network also meets the requirements of the Frederick County Zoning Ordinance for a small lot development, which includes the following: a minimum road width of 20 feet, a minimum of 8 inches of aggregate base material, an asphalt surface material, curb & gutter, and sidewalks. Comprehensive Policy Plan: The Frederick County Northeast Land Use Plan (NELUP) identifies the area of the subject parcel as "developmentally sensitive". The Developmentally Sensitive Areas (DSAs) were recommended along Martinsburg Pike with the aim of protecting existing residential land uses, historical features, and maintaining open space. The 10 -acre site is within the County's Urban Development Area (UDA). (Comprehensive Policy Plan, page 6-33) Density: The preliminary master development plan for Hiatt Run Condominiums consists of up to 47 MDP #04-04, HIATT RUN ADULT COMMUNITY Page 6 April 16, 2004 single-family small lot dwelling units on 10.325 acres. This is in comparison to the previously submitted preliminary master development plan for Hiatt Run Condominiums, which proposed up to 96 garden apartments (condominiums) on 10.0 acres. Hiatt Run Adult Community, the proposed preliminary master development plan, calls for a gross density of up to 4.55 residential units per acre. This is less than the 5.5 residential gross density allowed by the zoning ordinance for this type of development. Furthermore, the proposed gross residential density is less than the 9.6 residential units per acre proposed with the previous submission of Hiatt Run Condominiums on December 3, 2003. The typical residential density in this area of the County is less than 1 residential unit per 3 acres. Recreational Facilities, Landscaping, Buffers, and Open Space The development intends to utilize the ornamental landscaping option of the County's landscaping ordinance. Landscaping is also required for the proposed parking areas, and as necessary for the required residential separation and road efficiency buffers. A trail is proposed in the open space area south of Hiatt Run. This trail will link with a proposed sidewalk along Martinsburg Pike (Route 11 N), and will be stubbed at the southern property line to allow for the possibility of connection with a future trail. The applicant has indicated to staff that this trail will be constructed and maintained by the property owners association. STAFF CONCLUSIONS FOR 05/05/04 PLANNING COMMISSION MEETING: This preliminary master development plan proposes up to 47 single-family small lot dwellings on 10.325 acres of land, currently zoned RP (Residential Performance) District. It is a revision of the Hiatt Run Condominiums Preliminary Master Development Plan; recommended for denial by the Planning Commission during their meeting on December 3, 2003. The proposed revision, was submitted by the applicant with the aim of providing an alternative type of development which would be more compatible with the surrounding area. The most significant changes associated with the revision include the reduction in density, the reduction in building height, elimination of one entrance off of Martinsburg Pike, a reduction in the number of vehicle trips per day, and the addition of a landscape screen along the eastern property line. This Preliminary Master Development Plan is consistent with the technical requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All of the issues identified by staff, as well as those issues brought forth by the Planning Commission, should be appropriately addressed prior to a recommendation to the Board of Supervisors. A summary of concerns and comments from the Planning Commission to the Board of Supervisors concerning this master development plan application would be appropriate. 0:IAgeiidas l COMMENTSIMDP''s 110041HiattRunAdultComm. wpd 8 RLE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 18, 2003 Ms. Sara Beth Saurino Painter -Lewis, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 RE: Hiatt Run Condominium Complex Master Development Plan Martinsburg Pike and McCann Lane; Zoning District: RP (Residential Performance) Dear Ms. Saurino: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of September 16, 2003. The HRAB reviewed information associated with the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information contained in the Frederick County Battlefield Network Plan. The HRAB also considered details you provided about the proposed development and comments from the Shenandoah Valley Battlefields Foundation. Historic Resources Advisory Board Concerns The vacant parcel proposed to be developed with eight condominium buildings is located within the limits of the Second Battle of Winchester and the Third Battle of Winchester (Opequon) core battlefield areas, as delineated by the National Park Service. In particular, the site proposed for development is adjacent to Stephenson Depot. Therefore, the HRAB has expressed concern for loss of core historic battlefields and believes the proposed use is incompatible with surrounding land uses. Specifically, the HRAB has concerns about loss of battlefield viewsheds, the proposed density of the development and its impacts on Stephenson's Depot. Based on the above concerns, the HRAB was not in favor of the proposed development. However, the HRAB recognizes that the property is already zoned for residential uses and should the property develop, suggests the following be considered to mitigate impacts on historic resources: Building layout: Given the topography of the property and the adjoining battlefields, consider an alternate grouping of buildings to minimize visibility from Stephenson's Depot. Height of buildings: Consider a building height that is more compatible with surrounding land uses, such as one story instead of three. This would also address concerns regarding battlefield viewsheds. 107 North Kent Street • Winchester, Virginia 22601-5000 Ms. Sara Beth Saurino Re: Hiatt Run Condominium Complex Master Development Plan September 18, 2003 Page 2 Architecture of buildings: Consider building materials and architectural features more in keeping with the character of the surrounding properties. Landscaping along Martinsburg Pike: Provide additional landscaping along Martinsburg Pike to minimize visibility of parking areas. Include a fence as part of landscaping features along the roadway that is reminiscent of fencing historically found along Old Valley Pike. Stonewall along McCann Lane: The HRAB suggests preservation ofthe existing stonewall along the property line adjacent to McCann Lane. Connections to other Battlefield Resources: Provide trail linkages to adjacent battlefield resources, as trail systems occur on these properties. The HRAB discourages use of asphalt or similar surface materials on any trails constructed. Please contact me with any questions concerning these comments from the HRAB. Sincerely, ^a Rebecca Ragsdale Planner I cc�ssie Solenberger, HRAB Chairperson yynsia Tyler, Stonewall District Supervisor .Jeremy Camp, Planner II U.\CONMTTEES\fiRAB\Com enu\2003\HiattRunMDP.wpd