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PC 09-04-02 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia SEPTEMBER 4, 2002 7:00 P.M. CALL TO ORDER TAB 1) August 7, 2002 Minutes ................................................. (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Rezoning #02-02 of Rex Dalrymple, (continued from 6/19/02 meeting) submitted by Valley Mill, L.L.C., to rezone 3.18 acres from RP (Residential Performance) to B2 (Business General) District. This property is located along Valley Mill Road (Route 639) at Berryville Pike (Route 7) and is identified with Property Identification Numbers 54F-1-9, 5417-1-9A, 54F -A-30, 54F -3-A, and 54F -3-A1 in the Red Bud Magisterial District. (Ms. Kennedy)...................................................... (B) 5) Rezoning #08-02 of Bowman/Shoemaker, submitted by Greenway Engineering, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General) District. This property is located south of Fairfax Pike (Rt. 277), approximately 800 feet east of the intersection of Rt. 277 and Double Church Road (Rt. 641), and is identified with Property Identification Number 86-A-81 in the Opequon Magisterial District. (Mr. Camp) ............................................ .............(C) 6) Rezoning #09-02 of Aikens Property, submitted by G. W. Clifford & Associates, Inc., to rezone 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Industrial Transition) District. This property is located west and adjacent to Martinsburg Pike (Rt. 11) and south and adjacent of Stine Lane and is identified with Property Identification Numbers 54-A-21, 54 -A -20A, 54-A-20, and 54-A-22 in the Stonewall Magisterial District. (Mr. Camp) ........................ ............................... (D) PUBLIC MEETING 7) Request for Waiver of Buffer and Screening Requirement submitted by Greenway Engineering on behalf of Timothy Johnson. The parcels are identified with Property Identification Numbers 33-A-92 and 33-A-93 in the Stonewall Magisterial District. (Mr. Camp) ......................................................... (E) 8) Master Development Plan #05-02 Foxe Towne Plaza, submitted by G. W. Clifford & Associates, Inc., to develop a 5.649 -acre tract for commercial uses. The property is located southeast of the intersection of North Frederick Pike (Route 522 N) and Rt. 37, and to the west of Fox Drive (Route 739), and is identified with Property Identification Number 42-A- 195 in the Stonewall Magisterial District. (Mr. Camp) ......................................................... (F) 9) Subdivision #14-02 of The Lands of Thomas E. and Ester M. Hinkle, submitted by Dove & Associates, for the subdivision of a 1.0331 -acre parcel into two single family detached lots. The property is located at 150 Stanley Drive (Rt. 781) and is identified with Property Identification Number 64A -A-11 in the Shawnee Magisterial District. (Mr. Davenport) ..................................................... (G) 10) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 7, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; William C. Rosenberry, Shawnee District; Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Robert Sager, Board of Supervisors' Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Abbe Kennedy, Senior Planner; Jeremy F. Camp, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JUNE 5, 2002 AND REVISED MAY 1 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the minutes of June 5, 2002 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissoner Thomas, the revised minutes of May 1, 2002 were unanimously approved as presented. Frederick County Planning Commission Minutes of August 7, 2002 Page 905 -2 - COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 07/25/02 Mtg. Commissioner Thomas reported that the DRRS continued their discussions on amendments to the woodlands disturbance ordinance, which will be coming before the full Commission for discussion in September or October. He also reported that the DRRS is also reviewing setback requirements in the rural ordinance dealing with setbacks adjacent to agricultural land and apple orchards. Historic Resources Advisory Board (HRAB) - 07/16/02 Mtg. Commissioner Gochenour reported that the HRAB considered the interpretive sign for the Rutherford Farm site. She said it has been suggested that Dr. Brandon Beck write the script and be involved in the historical documentation of the sign. Commissioner Gochenour also reported that the HRAB is seeking additional input for their ideas and suggestions and suggested the possibility of having a historical planner on staff for Frederick County. Economic Development Commission (EDC) Commissioner Thomas reported that the EDC is working on an out -commuter study to determine the destination of commuters going out of Frederick County and Winchester to work. He said the preliminary numbers for Frederick County indicate that close to 12,000 out -commuters per day are going to work outside of Frederick County, which contributes to the traffic problems. Commissioner Thomas stated that the EDC also discussed having a planning share -it to talk about the direction of the EDC and its future goals and missions. Sanitation Authorit (y SA) Commissioner Fisher reported that at the July SA's meeting, Wellington H. Jones, Director, reported that under the current conditions, the quarries at Stephens City have been producing about one million gallons per day. Frederick County Planning Commission Minutes of August 7, 2002 Page 906 -3 - AMENDMENT TO AGENDA Chairman DeHaven announced that Item Number 6, Subdivision #07-02 of MBC, L.C./ Frederick County School Board, for the Millbrook Drive Access Road to Millbrook High School, has been pulled from the agenda this evening at the applicant's request. PUBLIC HEARING Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-48.6, Commercial Telecommunication Facilities. The proposed amendment is intended to establish a minimum setback distance for commercial telecommunications towers when a setback waiver is requested, and to require engineer certification when the requested setback is less than the tower height. Action - Recommended Approval Planner Jeremy F. Camp stated that the Development Review and Regulations Subcommittee (DRRS) has prepared a text amendment to Section 165-48.6, Commercial Telecommunication Facilities. Planner Camp stated that if the amendment is approved, it will establish a minimum setback distance for commercial telecommunications towers when a setback waiver is requested, as well as require engineer certification when the requested setback is less than the tower height. He said that the changes will provide clear guidelines for the Planning Commission and the Board of Supervisors to follow when reviewing applications for new telecommunications towers. Planner Camp also noted that this amendment was discussed at the Commission's June 19, 2002 meeting and the Board of Supervisors' meeting of July 10, 2002. Chairman DeHaven called for public comments, however, no one was present to speak. There were no questions raised by the members ofthe Commission. The Commission believed the amendment to be appropriate as presented. Upon motion made by Commissioner Thomas and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 16548.6, Commercial Telecommunication Facilities. The proposed amendment is intended to establish a minimum setback distance for commercial telecommunications towers, when a setback waiver is requested, and to require engineer certification when the requested setback is less than the tower height. Frederick County Planning Commission Minutes of August 7, 2002 Page 907 -4 - Proposed Amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, Article V, RA, Rural Areas District, Section 165-55 C, Existing Structures. The proposed amendment is intended to clarify that only lots created around existing "dwellings" may qualify for a special 50' side and rear yard setback. Action - Recommended Approval Planner Jeremy F. Camp stated that the Development Review and Regulations Subcommittee (DRRS) has prepared a text amendment to Section 165-55C of the Frederick County Code, Chapter 165, Zoning Ordinance, dealing with setbacks for existing structures in the RA (Rural Areas) Zoning District. Planner Camp said the proposed amendment would change the wording from existing "structures" to existing "dwellings" and will eliminate potential misuse of this exemption. Planner Camp also noted that this amendment was discussed at the Commission's June 19, 2002 meeting and the Board of Supervisors' meeting of July 10, 2002. Commissioner Moms inquired if the "Definitions" section of the ordinance needed to be amended to reflect the proposed change and Planner Camp replied that it did not. Chairman DeHaven called for public comments, however, no one came forward to speak. The Commission believed the amendment to be appropriate as presented. Upon motion made by Commissioner Morris and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, Article V, RA, Rural Areas District, Section 165-55 C, Existing Structures. The proposed amendment is intended to clarify that only lots created around existing "dwellings" may qualify for a special 50' side and rear yard setback. DISCUSSION ITEM DISCUSSION ON PLANNING COMMISSION DISCUSSION ITEMS Planning Director, Eric R. Lawrence, gave a brief follow-up to the Planning Commission's work session on July 17, 2002. Director Lawrence stated that staff summarized the items discussed so the Commission could prioritize the items in the order of work importance. Commissioner Rosenberry suggested the possibility of several Commissioners getting together on an item of interest to do preliminary work for the Commission; he believed considerable progress could be achieved in this way, rather than the entire Commission working on the items individually. Commissioner Thomas mentioned that a couple of work items needed the establishment and/or a consensus of a County Vision Statement for the next 10-15 years. He said that a work session Frederick County Planning Commission Minutes of August 7, 2002 Page 908 -5 - between the Planning Commission and the Board of Supervisors to determine the County's goal, or vision statement, was needed before work on these items could begin. Commissioner Thomas also pointed out that an item or two could be turned over to the Development Review and Regulations Subcommittee (DRRS) and the Comprehensive Plans and Programs Subcommittee (CPPS). Commissioner Fisher suggested that the Commission propose a vision statement for the Board to consider, which would put the process in motion. Commissioners agreed that the accomplishment of each of the items may require a different approach than any of the other items. They also believed the Commission should spend more time together to discuss planning issues. It was decided to send the Zoning Ordinance Exceptions item on the list to the DRRS and the Transportation Planning Item on the list to the CPPS. Members of the Commission agreed that the other items would be handled by small groups of the entire Commission. They considered the possibility of getting together in October at a work session to get a briefing from the small committees on each subject. It was decided that individual members would sign up for items that were of interest to them; small groups would be formed to study the topics. OTHER CERTIFIER PLANNING COMMISSIONERS PROGRAM Planning Director, Eric R_ Lawrence, reported that he received a notice from Michael Chandler, Professor of Agricultural and Applied Economics, that he retired from his academic position at Virginia Tech effective July 1, 2002. Director Lawrence had provided copies of the letter from Mr. Chandler to the Commission. Commissioner Morris said that although Mr. Chandler has retired from Virginia Tech, the Virginia Citizens Planning Association has contracted with Mr. Chandler to continue the Board of Zoning Appeals and the Planning Commission Certification Programs, as well as the annual Institute. Commissioner Moms added that there was a possibility that a local community group may have Mr. Chandler in the Frederick County area to offer a Citizens Planning Seminar. Commissioner Moms stated that more information will be forthcoming on that issue. APPOINTMENTS TO THE COMPREHENSIVE PLANS & PROGRAMS SUBCOMMITTEE (CPPS) Chairman DeHaven formally appointed the following Stonewall citizens as members of the Comprehensive Plans & Programs Subcommittee for the duration of the restudy of the Northeast Land Use Plan: Mr. James Stillwell, Mr. Glen Penton, Mr. Doug Cochran, and Mr. Tom Stevenson. Frederick County Planning Commission Minutes of August 7, 2002 Page 909 ADJOURNMENT unammous vote. WOE No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by a Respectfully submitted, Eric R. Lawrence, Secretary Charles S. Deflaven, Jr., Chairman Frederick County Planning Commission Minutes of August 7, 2002 nage 910 REZONING APPLICATION #06-02 DALRl(MPLE Staff Report for the Planning Commission Prepared: August 19, 2002 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. Reviewed Action Planning Commission: 06/19/02 Tabled 09/04/02 Pending Board of Supervisors: 09/25/02 Pending PROPOSAL: To rezone 3.18 acres from RP (Residential Performance) to B2 (Business General) District. LOCATION: This property is located at the southeast quadrant of the intersection of Berryville Pike (Route 7), and Valley Mill Road (Route 659). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3-A1 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business General) District Use: Vacant South: Zoned RP (Residential Performance) District Use: Residential East: Zoned B2 (Business General) District Use: Commercial - 220 Seafood RP (Residential Performance) District Residential West: Zoned B2 (Business General) District Use: Commercial RP (Residential Performance) District Residential REZ #06-02, Dalrymple Page 2 August 26, 2002 PROPOSED USE: Commercial REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have significant measurable impact on Routes 7/716/659, the VDOT facilities which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation Manual, Sixth 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. See attached VDOT comments dated 3/25/02. Fire Marshal: Recommendations: Sp_ rinkler system and automatic fire alarm system. Plan approval recommended. Greenwood Volunteer Fire & Rescue: The only noted question is do we really want to create another way to get onto Route 7 by-passing the light? This may cause more accidents. County Eugiueer: We have no comments at this time. We reserve the right to perform a detailed review at the time of the site plan submission. Sanitation Authority: No comment. Health Department: Keep fuel tanks 100'+ from existing wells. Keep sewer lines 50'+ from wells. Abandon all other wells as per the requirements in the water well regulations. Existing septic tanks must be pumped and removed or pumped and filled with suitable fill material. Restaurant permits are required. Historic Resources Advisory Board: No comments on this rezoning request. City of Winchester: Please see attached letter from Tim Youmans, Director of Planning, dated 10/31/01. Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. Prior to the redistricting, the subject parcels were part of the Stonewall Magisterial District. REZ #06-02, Dalrymple Page 3 August 26, 2002 2) Location The five parcels which comprise the proposed rezoning are located on the south side of Berryville Pike (Rt. 7); and on the east side of Valley Mill Road. There is an existing access road (Route 716) that extends along the front of the subject property and intersects Valley Mill Road. The subject property abuts a B2 parcel on the northwest, RP property to the southwest, a restaurant along the northeast property line, and RP property on the southeast. Rt. 7 is classified as a major arterial roadway. There are three existing structures on the site, to be removed to the development. The subject property is located in the Redbud Magisterial District, and is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). 3) Site Suitability The site is not located in a flood plain, and there are no wetlands present on the site. Approximately 29,150 sq. ft (.67 Ac.) of the site has slopes greater than 15%, and this area is generally located along the eastern property line. Approximately 37,000 sq. ft. (.84 Ac.) of the site is currently wooded. The trees mostly consist of second generation growth, one -inch to three-inch caliper, and brush as undergrowth. The soils on the site are listed in the Soil Survey of Frederick County Virginia as moderate to severe for building site development. 4) Potential Impacts & Issues a.) Transportation Impact Analgis Statement The subject site could have access from both Valley Mill Road (Rt. 659) and Berryville Pike (Route 7). Information provided within the applicant's Impact Analysis Statement advises that traffic generation from the 3.18 acres requested to be rezoned will produce 1,992 vehicle trips per day on the existing road system, as calculated utilizing The Institute of Transportation of En ig neers Trip Generation Ch Edition, for a fast food restaurant and a convenience store. As part of this rezoning, the applicant requests to discontinue the existing Rt. 716 and Valley Mill Road entrance; the entrance would be relocated further east on Valley Mill Road. Review Agency Comment The Virginia Department of Transportation (VDOT) has reviewed the Rezoning Concept plan. VDOT comments first on the proximity of the proposed site to I-81. If VDOT were to approve an entrance, there could be no guarantee that the location would not be impacted by the widening of I-81 in the immediate vicinity. VDOT affirms that Rt. 716 should be retained as an open REZ 906-02, Dalrymple Page 4 August 26, 2002 operating facility for public access for users on and through the site with properly dedicated right-of-way to the Commonwealth of Virginia. With the proposed extension of Rt. 716 along 659, VDOT feels an acceptable headlight glare barrier (not vegetative) should be located between Rt. 716 and Rt. 659 (Valley Mill Road). VDOT also states that Rt. 716 should be one- way south where it is parallel with Rt. 659. If so, the 24' proposed roadway width would be acceptable with curb. Planninjz Staff Comment The applicant states that 60 percent of the new traffic would utilize Valley Mill Road, and 40 percent Berryville Pike. The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the average annual daily traffic (AADT) counts for Valley Mill Road was 6,100. Counts for Berryville Pike were 24,000 AADT. Based on these assumptions, the proposed use would introduce an additional 1,195 VPD onto Valley Mill Road. This increases the traffic on Valley Mill Road to 7,295, an increase of 20 percent. The proposed use would introduce 797 VPD onto Berryville Pike, an increase of seven percent over the current 24,000 AADT. b.) Water & Sewer .Impact Analysis Statement There will be public water and sewer serving the site. An existing 16" waterline runs along the north and west line of the site, generally following existing right-of-ways. There are two fire hydrants located on or near the site. Based on a demand of 1,000 g.p.d., the projected water demands for the site would be 3,180 g.p.d. The applicant states that, per Mr. John Whitacre of the Frederick County Sanitation Authority, the existing water line has adequate capacity to support the proposed rezoning. Currently there are several wells on the site, and the existing wells will be used to irrigate the site landscaping. An existing gravity sewer is located along Valley Mill Road approximately 275' south of the intersection of Route 7 and Valley Mill Road. Based on a demand of 1,000 g.p.d., the projected flows for the site would be 3,180 g.p.d. The applicant states that, per Mr. John Whitaker of the Frederick County Sanitation Authority, the existing sewer line has adequate capacity to support the proposed rezoning. Review Agency Comments The Frederick County Sanitation Authority had no comment on their review sheet submission. Staff Comments REZ #06-02, Dalrymple Page 5 August 26, 2002 Staff would note that there is also a City of Winchester sewer main in close proximity to the site and that if the applicant intends to utilize the City's sewer main, approval for connection should be through the Winchester Department of Public Utilities. This could be addressed at the time of the Master Development Plan review. c.) Solid Waste Disposal For intense commercial uses (worst case scenario) based on the EPA environmental defense fund study for intense commercial uses, the amount of solid waste generated per 1,000 sq. ft. of building space would be approximately 10,500 lb./yr. This results in approximately 64,050 lb. of waste generated per year. d.) Impact on Community Facilities The County's Capital Facilities Fiscal Impact Model projects an impact to fire and rescue services. STAFF CONCLUSIONS FOR 06/19/02 PLANNING COMMISSION MEETING: The 3.18 -acre site, comprised of five parcels zoned RP (Residential Performance), is within the Urban Development Area and the Sewer and Water Service Area. Adjoining these tracts on the east and on the west are existing B2 tracts. Furthermore, the site is adjacent to Interstate 81, Exit 315, and is consistent with the Idealized Interchange Development Pattern included within the County's Comprehensive Policy Plan. Staff would note that the applicant does not specifically identify mitigation efforts to offset the anticipated impacts on the County's fire and rescue services, nor does the applicant consider the impact such a use would have on the public as they exit the interstate and enter our community, as well as the adjoining residential uses. Futhermore, staff would note that the Rezoning Concept Plan, submitted with this application, is not a proffered document; therefore, it should only be utilized for illustrative purposes. The applicant should be prepared to address the concerns raised in this report, as well as the concerns raised by the Planning Commission and the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 6/19/02 MEETING Four neighboring residents spoke at the meeting: The owners of the 220 Seafood restaurant expressed their concerns about traffic congestion, well contamination, noise, and visual impacts; they believed the applicant should provide a traffic signal and provide an improved overall traffic flow plan. The other two citizens were also concerned about additional traffic impacts on an area already heavily congested; they also requested some buffering on the west side of the site. REZ 906-02, Dalrymple Page 6 August 26, 2002 The Commission believed the applicant should supply detailed information on transportation flow, signage for traffic control, detailed protection of water wells, information on stormwater management, and detailed information on design standards, landscaping, and lighting. Members of the Commission informed the applicants that the issues raised must be addressed and they would be more comfortable approving the rezoning if the issues were detailed in a proffer statement. They also believed the applicant should proffer out undesirable B2 uses and address the residents' concerns regarding traffic congestion. Commission members agreed that this was the opportunity to mitigate the anticipated impacts. The Commission voted unanimously to table the rezoning request for 60 days to give the applicant the opportunity to provide additional detailed information concerning all of the items mentioned above. (Note: Commissioners Triplett and Light were absent from the meeting.) UPDATE SINCE PLANNING COMMISSION MEETING ON 06/19/02 A statement of proffers was hand delivered to members of the Planning Commission just prior to the meeting on June 19`'', which was noted as "unacceptable" by the Chairman. The initial statement of proffers and the amended and re -stated statement of proffers attempts to address some of the concerns of the Planning Commission. The most recently revised proffer statement is dated August 9, 2002, however, some of the proffered conditions as written would apply only if the property is ultimately owned and developed by Valley Mill, LLC. Staff would also note that the submitted proffer statement has not been signed by all of the current property owners. The amended proffer statement provides for the following: • A monetary contribution of $2,500.00 for Frederick County Fire and Rescue • Landscaping to exceed the requirements of the Frederick County Code as they relate to landscaping, buffers. The number of plants within the buffer yard along the southern property line between the existing residences and the proposed development will have a plant increase of 20% to increase year-round screening. • Work with VDOT to level the existing berm between Rte. 716 and Route 7, and to work with staff and VDOT to landscape it in an attractive and maintained setting. The applicant would make this effort in order to beautify and counter -balance the impact the proposed use will have on the public as they exit from I-81 and enter our community, as well as minimize the impact the proposed use will have on adjoining residences. • All wells on the property will be capped in compliance with all federal, state and local laws, ordinances, and regulations, and the applicant voluntarily proffers that all fuel tanks which may be constructed on the property will be constructed of double lined tanks with adjacent monitoring wells to deter and monitor the escape of fuel products into the surrounding soils. REZ #06-02, Dalrymple Page 7 August 26, 2002 • In the event the property is subsequently purchased and developed by the proposed end user as a 7 -Eleven Convenience store, the applicant will cause the building to be constructed using an architecturally distinctive brick facade and brick faced exterior walls with a mansard roof design and brick faced columns supporting the canopy over the location of the fuel pumps adjacent to such 7 -Eleven Convenience Store. • Work with VDOT to construct off-site road improvements to the subject property, as well as the property to the east (220 Seafood Restaurant) as follows: construction of a right turn lane in the VDOT right-of-way situated to the south of Virginia Route 7 and contiguous to the northern boundary of the subject property. The sight turn lane shall be approximately 600 feet in length and approximately 14 feet in width, and shall connect with and provide access to the entrance to the 220 Seafood Restaurant as well as the subject property out of the main traffic lanes on Route 7 eastbound. The cost of constructing the right turn lane shall be at the expense of the applicant, its lessees or assigns. • Prohibit the following uses for a period of 20 years: communication facilities; electric, gas and other utility facilities and offices; legal services; membership organizations; model home sales offices; public buildings; parks; churches; libraries; adult care residences and facilities; fire stations, companies and rescue squads. STAFF CONCLUSIONS FOR 09/04/02 PLANNING COMMISSION: The applicant has submitted a revised proffer statement in attempt to address various concerns raised during the Planning Commission's June 19`x' meeting. Most of the issues of concern have been addressed. Staff would note, however, that the proffered conditions have not been signed by the property owners. Also, many of the proffers, as written, would apply only if the site is ultimately owned and developed by the applicant, Valley Mill LLC. The3.1 S acre site, comprised of five parcels zoned RP, requesting B2 zoning classification is consistent with the County's Land Use Plan. The applicant should be prepared to address any concerns raised in this report, as well as the concerns raised by the Planning Commission and the Board of Supervisors. O:\Agendas\COMMENTS\REZONING\Staff Report\2002\Dalrymple.PC2.wpd NOV- 5-01 MON 8_44 REX DAL;2YMPLE CITY OF W1Nq CHESTER9 MEMORANDUM TO: Tim Youmans Director - Planning FROM: Dale E. Lehnig, P. E. Project Engineer - Public Utilities 11 DATE: October 31, 2001 SUBJECT: 7 -Eleven i Route 7 @ Valley Mill Road Frederick County We have reviewed the following: 4109973093 P_01 GI \I Rouss City Hall 16 North Cameron Street Winchester, VA 22601 640-667-1816 FAX: 540-722-3618 TDD: 640-722-0782 Web Site: �_ 171r�v �j , chester va.us V 3 1 2001 l 11 1. 7 -Eleven, Route 7 at Valley Mill Road, Frederick County, Shee 1 and 2 of 2, including Sheet 1 - Rezoning Site Plan (dated 5/01), and Sheet 2 - Rezoning Landscape Plan (dated 5/01). Plans were prepared by: Chester Engineers, 618 West Diamond Avenue, Gaithersburg, MD 20878. 2. Rezoning Application Form and supporting documentation_ Rased on our review we have the following comments: 1. The Rezoning Application Form and attached Inform public sewer and notes the location of the existing sa Frederick County Sanitation Authority stated that the project. The Report should clarify that the existing sE main, and approval for connection should be through Utilities. 2. The Plans do not show the proposed sanitary sewer location of the proposed sanitary sewer lateral(s), loc materials. Connections must conform to the City of � 3. If the proposed sewer connection point is a City of W payable to the City of Winchester are applicable and water meter(s). 4. The Plans should show the location(s) and size(s) of No error or omission in either the plans, calculations or applicatioi applications have been reviewed by the City or not) shall permit o from constructing this work in any other manner than that provide If you should have any questions, please do not hesitate to call. cc: file Post -it" Fax Note _ 7671 "Providing quality services to our citizens in a t courteous manner, while anticipating the future note that the site will be served by y sewer. The report also notes that has adequate capacity for this main is a City of Winchester sewer Winchester Department of Public rection. Plans need to show the ns of cleanout(s), pipe sizes and ;hester Standards, pester sewer main, availability fees based on the size of the proposed e proposed water meters. (whether these plans, calculations or release the applicant and deWgner for in the City Ordinances, t .� # or 1'-) -01st i ective, efficient and of our community." 14 0: Funkhouser, Rhonda From: Funkhouser, Rhonda Sent: Monday, March 25, 2002 2:55 PM To: 'Renk Sterenberg w/ Chester Engineers' Cc: Melnikoff, Steve; Coffman, Homer; Heironimus, David (Dave) Subject: 7 -Eleven / Route 7, Berryville Pike @ Route 659, Valley Mill Road / Frederick County A VDOT review has been completed on the Rezoning Concept Plan dated May, 2001 for the referenced project. Our first comment revisits the caveat statement concerning the proximity of the proposed site to Interstate Route I-81. There can be no guarantee by VDOT that in the event of an approved entrance being granted by VDOT, that the location would not be impacted by widening of I-81 in the immediate vicinity. We are providing general approval of the Rezoning Concept Plan referenced above, based primarily on the fact that the plan acknowledges the affirmed VDOT position that Route 716 should be retained as an open operating facility for public access for all users around, on and through the site property with properly dedicated right-of-way to the Commonwealth of Virginia. Other comments, which have been established prior to site plan stage development due to the overall complexity of issues surrounding the site,- are restated for continuity. • The desirable entrance access to Route 7 should be located as far east on the site as practical. An acceptable minimum distance would be 300' east of Route 659 intersection radius termini to proposed entrance west radius termini. • Entire site frontage along Route 7 should provide appropriate curb and gutter CG -6 with face of curb established at 14' from existing edge of pavement. • The drainage analysis should include the site discharge on existing series of culverts under the 220 Seafood entrance (on Commonwealth of Virginia right-of-way). This should address culvert size required to accommodate cfs volume at inlet end (receiving additional cfs from site). Comments addressing proposed extension of Route 716 along existing Route 659: • An acceptable headlight glare barrier (not vegetative) between Route 716 and Route 659 should be provided. Route 716 should be one way south where parallel/concentric with Route 659. If so, the 24' proposed roadway width would be acceptable with curb. VDOT would continue to reserve the opportunity for detailed review of any site plan proposal. If there are any questions, please call. Barry J. 5weitzer Trans. Roadway Engineer N iL ko C C C r9 IL Jl +) C D O U X O L 0) U w L LL rq N Lf) O O Ln 0 P- 9) (n OUTPUT MODULE APPLICANT: PiN 54F -A30, etc.. Net Fiscal Impact LAND USE TYPE Business Costs of ImpacUamM INUI MODtJLE Credits_iit.be Take Total Potential Adjustment For REAL EST VAL $4,421,324 Required (entered in Cur, Budget Cur. Budget Cap, Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE 4 CapitaLl=zcil0ies col sum only) 9pavCapguip ExpendtD.ebt-S. Taxes. Other (Unadjusted) CQsLBalan Facilities Impact Dwelling Unit Fire and Rescue Department $43,621 $0 $0 $43,621 ERR Elementary Schools $0 -- Middle Schools $0 $0 $0 $0 $0 $0 ERR High Schools $0 _- _ Parks and Recreation $0 $0 $0 $0 $0 ERR Public Library $0 $0 $0 $0 $0 ERR Sheriffs Offices $0 $1,350 $0 $o $1,350 $1,350 $0 ERR Administration Building $0 $0 $0 $0 $0 ERR Other Miscellaneous Facilities $0 $15,654 $3,150 $18,804 $18,804 $0 ERR SUBTOTAL $43,621 $17,005 $3,150 $0 $20,155 $20,155 $23,466 ERR LESS: NET FISCAL IMPACT $2,641,117 $2,641,117 $2,641,117 $ ERR NET CAP. FACILITIES IMPACT RR INDEX. "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" 9 Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 METHODOLOGY 1. Capital facilities requirements are Input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is Input in row total of second column (zero if negative); included are the one-time taxeslfees for one year only at full value. 3. NPV of future open cap equip taxes paid In third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid In fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for now facilities, as calculated for each new facility, 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of casts covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do Include interest if the projects are debt financed. NOTES: Model Run Date 915101 ERL P.I.N.s 54F -A 30, 30A, 31, and 54F -1-9A, 9 Rezoning: Assumes 3.18 acres zoned B2 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. VICINITY MAP SCALE: 1 "=2000" AMENDED AND RE -STATED STATEMENT OF PROFFERS In re: Frederick County Department of Planning and Development Re -zoning Application # 06-02 Valley Mill, LLC, Applicant Valley Mill, LLC, in conjunction with Frederick County Re -zoning Application #06-02, hereby proffers the following to the County of Frederick, Virginia, in consideration of the review and approval of its application to re -zone Tax Map Parcels 54F-1-9, 54F -1-9A, 54F -A-3 0,54F-3 -A and 54F-3 -A 1 from current RP (Residential Performance) zoning to B2 (Business General) zoning. 1. Valley Mill, LLC hereby voluntarily proffers that, in the event re -zoning application # 06-02 is approved and the property subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will pay to the Treasurer of Frederick County, Virginia the amount of $2,500.00 for Frederick County Fire and Rescue. This payment is intended to off -set additional costs to Frederick County due to an increased demand for public services necessitated by proposed development and will be paid at the time of the submission of the first site plan on the property. 2. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved, and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will cause landscape architecture on the subject property to exceed the requirements of the Frederick County Code as they relate to landscaping, buffers, and like requirements as follows: the number of plantings required within the buffer yard will be increased by twenty percent (20%) of the number required by the Frederick County Code. Nineteen (19) additional evergreen plants, a combination of trees and shrubs, will be provided in the buffer yard to further enhance year-round screening. The buffer yard is located along the southern property line between the existing residences and the proposed development. The cost of maintaining such landscaping shall be at the expense of the applicant, its lessees or assigns. 3. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to level the existing berm between Route 716 and Virginia Route 7 and, in order to beautify and counter -balance the impact of the proposed use this parcel will have on the public as they exit from interstate 1-81 and enter our community, as well as minimize the impact the proposed use will have on adjoining residences, Valley Mill, LLC hereby agrees to work with the Virginia Department of Transportation, the owner of the berm, in conjunction with the Frederick County Planning Staff to level the berm and landscape it with natural plantings consistent with the character and environment of the County in an attractive and maintained setting. The cost for the leveling of the berm and plantings shall be at the expense of the applicant, its lessees or assigns. 4. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to construct off-site road improvements to the subject property, as well as to the property to the east of the subject property (220 Seafood Restaurant) as follows: construction of a right turn lane in the Virginia Department of Transportation right of way situate to the south of Virginia Route 7 and contiguous to the northern boundary of the subject property. The right turn lane shall be approximately six hundred feet (600') in length and approximately fourteen feet (14') in width, and shall connect with and provide access to the entrance to the 220 Seafood Restaurant as well as the subject property out of the main traffic lanes on Virginia Route 7 eastbound. The cost of constructing the right turn lane shall be at the expense of the applicant, its lessees or assigns. The final specifications for the above referenced right turn lane are subject to final approval by Virginia Department of Transportation. 5. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, the following uses allowed by Frederick County Code § 165-82 (B) will not maintained on the property for a period of twenty (20) years from the date upon which this proffer is recorded in the Office of the Clerk of Court for the County of Frederick, Virginia: a. Communication Facilities (Standard Industrial Classification ["SIC"]No. 48) b. Electric, gas and other utility facilities and offices (SIC No. 49) C. Legal Services (SIC No. 81) d. Membership Organizations (SIC No. 86) e. Model Homes Sales Offices f. Public Buildings g. Parks h. Churches i. Libraries j. Adult care residences and facilities k. Fire stations, companies and rescue squads 6. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, all existing water wells on the property will be "capped" in compliance with all federal, state and local laws, ordinances and/or regulations, and further, the applicant voluntarily proffers that all fuel tanks which may be constructed on the property will be constructed of double lined tanks with adjacent monitoring wells to deter and monitor the escape of fuel products into the surrounding soils. 7. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone and one of the proposed the end-users of the property is a 7 -Eleven Convenience Store (as contemplated pursuant to a contract between the applicant and 7 --Eleven which is contingent upon the aforementioned re -zoning approval), the applicant will cause the building used by the 7 -Eleven Convenience Store to be constructed ,,sing an architecturally distinctive brick Page 2 of 3 facade and brick faced exterior walls with a mansard roof design and brick faced columns supporting the canopy over the location of the fuel pumps adjacent to such 7 -Eleven Convenience Store. Intending to be legally bound hereby this 9"' day of August, 2002, WITNESSETH the following signature: Page 3 of 3 It L- _ V LJ DEPT. OF PLANNING DEVELOPMENT IMPACT ANALYSIS STATEMENT FOR THE SOUTHEAST CORNER OF THE INTERSECTION OF VALLEY MILL ROAD @ ROUTES 7 AND 716 A. SUITABILITY OF SITE • The site is located in Zone "C", areas of minimal flooding, per FIRM Community Panel 510063-0115-B. • Wetlands Per the National Wetland Inventory Maps, no wetlands are present on site. • Steep Slopes (15%+) Approximately 29,150 square feet (0.67 Ac.) of the site has slopes greater than 15%. The area is generally located along the eastern property line, see attached plan. • Mature Woodlands Approximately 37,000 square feet of the site is currently wooded. The area would not be considered a mature woodland area, generally the wooded area consist of second generation growth (1"-3" cal. trees) and undergrowth (brush). • Prime Agricultural Soils The soils on site are listed in the Soil Survey of Frederick County Virginia to be fairly to moderately well suited for cultivated crops. Currently no agricultural activities are present onsite. • On-site Soil/Bedrock Conditions consist of Berks Channery Silt Loam (111, 2-7% slopes, shale bedrock at 30") and Clearbrook Channery Silt Loam (9B, 2-7% slopes, shale bedrock at 27"). • The soils are listed in the Soil Survey of Frederick County Virginia as moderate to severe for building site development. During the site plan stage a Geotechnical Engineer will evaluate the on-site soils and make recommendations for the proposed development. B. SURROUNDING PROPERTIES The subject property is surrounded by State rights-of-way, Rt. 7 and Rt. 716, to the north and Rt. 659 to the west (site is triangularly shaped). It abuts residential properties to the southeast and a restaurant along the northeast property line. The closest residential building to the subject property boundary line is approximately 8' and the furthest is 235'. The 220 seafood restaurant is approximately 300 feet from the subject property boundary line. In areas where residential properties are adjoining the subject boundary line Category "B" landscape buffers and maximum setbacks are provided to minimize impacts. Orientations of buildings are such to face away from these residences. Building and area lighting is designed as non -glare and forward throw to minimize lighting "spillover" onto adjacent properties. Vapor recovery systems employed on the gasoline dispensers minimizes odor. Trash receptacles are provided throughout the site. The receptacles will be screened with 8' high sight proof enclosures. C. TRAFFIC The subject site will have access from both Valley Mill (Rt. 659) and State Route 7. As part of this rezoning application a discontinuance of a portion of the existing Rt. 716 right-of-way is being requested. The discontinuance will take place from the intersection of Rt. 716 and Valley Mill Road east to the proposed entrance on Rt. 7. Based on information provided by the Virginia Department of Transportation, Traffic Engineering Division the average annual daily traffic volumes for the Route 7 and Route 659, Valley Mill Road are: Route 7 24,000 Route 659 6,100 Trip generation rates were obtained from the Institute of Transportation Engineers (ITE) Trip Generation Report (6`b Edition). The following table summarizes the Average Trip Ends (ATE) and the morning and evening peak hour trips for each proposed use. ✓, :i; ..�.'_V V:l.r �. .n.'rAilm 4 ain{..C1�lJ vl.w.} .ad .1i.. ,.tlM:_ AYL11>� . ..I t.- ADJACENT RESTAURANT 672 336 33 CONVENIENCE 2495 1248 132 175 STORE FASTFOOD 1488 744 150 100 RESTAURANT (3000 sf) TOTALS 3983 1992 282 275 It is estimated that the Route 7 entrance will receive approximately 40% of the exiting traffic, 797 vehicles and the Valley Mill entrance will receive 60%, 1195 vehicles, of the exiting traffic. With the discontinuance of Rt. 716, access to Valley Mill Rd. and eastbound Rt. 7 by the 220 Seafood restaurant patron will be via the portion of 716 to remain and the proposed public use ingress/egress easement across the subject property. From discussion with VDOT and the county it has become evident that the actual amount of traffic currently using Rt. 716 is minimal. For the purpose of this investigation it has been assumed that 15% of the restaurant traffic will use the Valley Mill entrance on the subject site. Thus an additional 50 vehicles per day will use the Valley Mill entrance. During the PM peak hour the restaurant generates 33 trip. According to the ITE Report the 64% of the vehicles would be entering the restaurant and 36% would be existing, thus an additional 12 vehicles would use the entrance during the PM peak hour. D. SEWAGE CONVEYANCE AND TREATMENT The site will be served by public sewage. An existing gravity sewer is located along Valley Mill Road approximately 275' south of the intersection of Route 7 and Valley Mill Road. Based on a demand of 1000 gal./ Ac./day the projected flows for the site would be 3180 gal/day. Per Mr. John Whitaker, Frederick County Sanitation Authority, the existing sewer line has adequate capacity to support the proposed rezoning. E. WATER SUPPLY The site will be served by public water. An existing 16" waterline runs along the northern and western property line of the site, generally following the existing right-of-ways. There are two fire hydrants located on or near the site. One located near the intersection of Valley Mill and Rt. 7 is located within the site and a second located near the eastern end of Rt. 716. The existing residences on site are currently served off of the 16" waterline. Based on a demand of 1000 gal./ Ac./day the projected water demands for the site would be 3180 gal/day. Per Mr. John Whitaker, Frederick County Sanitation Authority, the existing water line has adequate capacity to support the proposed rezoning. Currently, the site has several wells located on it. The existing wells will be used to irrigate the site landscaping. F. DRAINAGE Currently the site drains in an easterly direction to an existing swale running along the eastern property line. The Swale collects stormwater from the upstream drainage area via a series of pipes and ditches. The swale empties into a roadside ditch along Route 7. The proposed development will provide on-site stormwater management through the use a surface pond, generally located as indicated on the attached plan, northeast comer of site. G. SOLID WASTE DISPOSAL FACILITIES Based on the EPA Environmental Defense Fund Study, for intense commercial uses (worst case), the amount of solid waste generated per 1000 square feet of building would be approximately 10,500 lb./yr, thus the site would generate approximately 64,050 lb of waste per year. The site will implement a recycling program H. HISTORIC SITES AND STRUCTURES There are no known historic sites present on-site nor within the surrounding properties. I. IMPACT ON COMMUNITY FACILITIES rom the Frederick County Capital Facilities Impact Model the estimated impact to community facilities, Fire and Rescue only, is $43,621. A copy of the output model is attached for your review. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant.- All pplicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Ileal Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: `-7,<OX �� i. Y �-1 Pif Telephone: Address: VA L tzyM PL .r- 2. Property Owner (if different than above) ?LC'A"E Lee A � y4 o' t " A Name: Address: 3. Contact person if other than above Name: Telephone: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map - Plat Deed to property Verification of taxes paid_ I1 Agency Comments Fees Impact Analysis Statement _K Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property:ve?,:, i D e�O t L-A t - B) Proposed Use of the Property: % COU e [ze; Ac- 7. Adjoining Property: PARCEL ID NUMBER kip '�O-e hV-AC- 4C,,O USE t TSO q3i t- :'-b C) 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): VWUL,81 M 1 UL, VQAt�, U301) A,r 12M- alb � IZte - + 12 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 or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. ]ParcelIdentification/Location: Parcel Identification Number 5*f- A -30 -54F -3-A Districtm Magisterial: Fire Service: Rescue Service: High School: _ Middle School: Elementary Schoo_l.. 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning FZoning Ike Rested 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 homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Service Station: -Manufacturing: Warehouse: Other: 12. Signature: I (we), the timdersigned,do hereby respectfullymakc application and PaWon the Frederick` County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia I (we) athorize Frederick County officiaLs to enter the property for site inspection PWPoses. I (we) understandthat the sign issued when this, application is submitted must be placed at the front property line at least seven days prior to the- Plamning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right of -wad► uTitfl the hearing. I (we) hereby certit that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. A Owner(s): 14 Date: / // OZ Date: Date: Date: Ma=- 27th, 1959, have personally appeared bef ^re me, in my county aforesaid, and j acknowledged the same. Given under my hand and notarial seal this 2 day of June 1959. ( SEAL) C. F. SPITLER 0. F. SPITLER Notary Public, Lorain County, Ohio Notary Public Nay commission expires April 22, 1962. G. W. MORRIS LAND % S 77°45' E -27.5 �-10' R: -O: -W. - 212. 16,583.5 SO. FT. PT. BEG. IRON PIN \ A4Ar& si a 0 S 2 ��0 �o o Co "le Ail a a W ac W m The above Plat is a Survey of the southern Portion of the Eugene Russell Land. The said Portion lies south of the Berryville Pike - Rt. 7, just OWNERS OF THE PROPERTIES TO BE REZONED: 1. The G. W. Morns Property: Clara E. Proffitt, being the same person as Clara E. Morris Proffitt, 3230 Elm View Road, Apt. 337 Roanoke, Va 24014 Ms. Proffatt's care giver:` Ms. Debbie Mitchell 4214 Brambleton Avenue Roanoke, Va 24018 - L. Pauline Keefauver 1290 Broad Street West, Apt L18 Lehigh Acres, Florida 33936 Rupert B. Morris 456 Spruce Drive Warrenton, MO 63383 Robert E. Heckman 110 Garfield Street Waynesboro, PA 17268 Douglas A. Heckman - 1419 Apt B Winterpark Circle Baltimore, Md 21221 EXHIBIT "A" Sandra DeLaet Hawthorne Road Charlestown, WV 25414 Michael Wesley Morris Audrey M. Morris, 11601 Lockwood Drive, Apt T4 Silver Spring, MD 20904 Verona Morris Crim Route 2 Box 196E Martinsburg, WV 25414 2. The Douglas E. Russell Property: Douglas E. Russell, Jr. and Betty Jean Russell. 244 Parkway St. Winchester, VA 22601 3. The Simpson Property: Wallace E. Simpson, Sr. and Janice R. _ Simps_ 3219 Blundell Road r ' 71 Falls Church, VA 22042 t'. • • �7 REZONING APPLICATION #08-02 BOWMANISHOEMAKER PROPERTIES Staff Report for the Planning Commission Meeting Prepared: August 20, 2002 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. Reviewed Action Planning Commission: 09/04/02 Pending Board of Supervisors: 09/25/02 Pending PROPOSAL: To rezone 10.09 acres from RA (Rural Areas) to B2 (Business General). LOCATION: This property is located south of Fairfax Pike (Rt. 277), approximately 800 feet east of the intersection of Rt. 277 and Double Church Road (Rt. 641). MAGISTERIAT, DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-81 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Present Use: Single Family Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned M 1 (Industrial, Light) District Zoned RP (Residential Performance) District South: Zoned RA (Rural Areas) District East: Zoned B2 (Business, General) District West: Zoned M2 (Industrial, General) District Zoned B2 (Business, General) District Use: Trucking Use: Single Family Residential & Townhouses Use: Single Family Residential & Commercial Use: Undeveloped Use: Office & Commercial Use: Office & Commercial RE7 #08-02, Bowman/Shoemaker Properties Page 2 August 23, 2002 PROPOSED USE: Office Uses REVIEW EVALUATIONS: Virginia Dept. of Transportation: 1) The documentation with the application to rezone this property appears to have significant measurable impact on Route 277, Fairfax Pike. This is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Bowman/Shoemaker rezoning application dated July 3, 2002, addresses transportation concerns associated with this request. However, see comment 2 below. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual, Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. 2) A VDOT review has been completed on the parcel rezoning application dated July 3, 2002 for the referenced project. We do think the proffers offered address transportation concerns. However, if the proposal assumes the Route 277 project referenced in the body of the rezoning application to be in place prior to build out of the outlines phases of proposed site usage, our concern would be that the contingent need for left turn lane and tapers to access the site may be difficult to achieve in the available right-of-way and the length of left turn lane and tapers extending possibly 800' each direction from proposed access location in the event the Rout 277 project were not in place at build -out of site plan. Fire Marshal: Recommend fire extinguishers and smoke detectors. Fire and rescue apparatus access must be maintained at all times. "Fire Lane No Parking" signs required at fire hydrants, and normal and emergency access points. Fire hydrants are required to be with 300 feet of all portions of any commercial building. Hydrants shall be placed within three feet of the curb line. Plan approval recommended at this time. Stephens City Fire & Rescue: Based on the changes made to the Impact on Development, specifically to Stephens City Fire and Rescue, we do not have any problems with the rezoning of the aforementioned property. If you should have any questions, please do not hesitate to contact me. County Engineer: We offer no comments at this time. Sanitation Authority: No Comment. Frederick -Winchester Service Authority: No comments; no concerns. Historic Resources Advisory Board: Upon review of this rezoning, it appears the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the proposal by the HRAB. As you have indicated in your impact statement, according to the Rural REZ #08-02, Bowman/Shoemaker Properties Page 3 August 23, 2002 Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It can also be 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. Thank you for the chance to comment on this application. County Attorney: Once signed by owner(s), appears in proper form. Health Department: Public water & sewer required. Planning & Zoning_ 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for the property which comprises the proposed rezoning as A-2 (Agricultural General). On February 14, 1990 the A-2 and A-1 (Agricultural Limited) Zoning Districts were consolidated to create the RA (Rural Areas) Zoning District. The current zoning of the property is RA. 2) Location The parcel which comprise the proposed rezoning is located on the south side of Fairfax Pike (Route 277). It is approximately 800 feet to the east of the road intersection of Fairfax Pike and Double Church Road. According to the Frederick County Eastern Road Plan, found in the Comprehensive Policy Plan, Fairfax Pike is classified as a minor arterial road. Double Church Road is classified as a major collector road. The property is surrounded by a mixture of land uses. Commercial and industrial properties are located to the east and west; residential and agricultural properties are located to the south; residential properties are located to the north; and industrial uses are located to the north and west. 3) Comprehensive Policy Plan The proposal to rezone the subject property to commercial is consistent with some of the objectives for commercial development found in the Frederick County Comprehensive Policy Plan. For instance, the property is located along a minor arterial roadway; is adjacent to other properties zoned commercial; and is accessible to numerous citizens. No small area land use plans exist in the area of the subject property. The property is not located within the Urban Development Area (UDA) or the Sewer & Water Service Area (SWSA). The portion of Fairfax Pike (Route 277) from I-81 to White Oak Road (Route 636) is a road improvement project identified in the Eastern Road Plan, found in the Frederick County Comprehensive Policy Plan. This road improvement project is also on the Frederick County Primary Road Improvement Plan. REZ 908-02, Bowman/Shoemaker Properties Page 4 August 23, 2002 4) Site Suitability No flood plains, lakes or ponds, wetlands, sinkholes, natural stormwater retention areas, steep slopes, or woodlands have been identified on the parcel of this rezoning application. The property is within the Stephens Run Area Watershed, as identified in the Frederick County Comprehensive Policy Plan. The Frederick County Soil Survey indicates that all of the soil on the subject parcel is 2-7% Blairton silt loam (313). This soil is identified as prime agricultural farmland in the Frederick County Soil Survey. Only minor construction concerns are generally associated with this type of soil. These concerns include a seasonal high water table, depth to bedrock, and potential frost action. The permeability of Blairton silt loam is generally moderately slow. The site exists within the Martinsburg shale geologic area of the County, which is similar to most area of urban development in the County. 5) Intended Use The applicant proposes the establishment of office uses. The submitted proffer statement offers to limit the total building structures to 100,000 square feet. The first phase of development is proposed to have up to 5,000 square feet of building structures, and will only utilize the existing structure on the property. The second phase of development would account for the remaining square footage; however, would only occur if the property is given the authority to have public sanitary services. 6.) Potential Impacts a) Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that traffic generation from the 10.09 acres would produce 1,101 VPD on the existing road system, as calculated utilizing The Institute of Transportation of Engineers Trip Generation Report, 6' Edition, based on office uses on a weekday at build -out. The Impact Analysis Statement breaks this projection down between the two proposed phases of development. Phase I would generate 55 VPD. Phase II would generate 1,046 VPD. The Impact Analysis Statement indicates that the current traffic volume along Fairfax Pike (Route 277) is 11,000 VPD. Planing Staff Comment The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the Annual Average Daily Traffic for Fairfax Pike (Route 277) is 11,000 vehicle trips. The Impact Analysis Statement indicates that the proposed development would increase REZ #08-02, Bowman/Shoemaker Properties Page 5 August 23, 2002 the existing traffic along Fairfax Pike (Route 277) by 1,101 vehicles per day. This translates into a 10% increase in traffic along Fairfax Pike. The Virginia Department of Transportation (VDOT) has reviewed and approved the applicant's rezoning application and proffer statement. VDOT's letter dated August 2, 2002 acknowledges that the proposed proffer statement addresses transportation concerns. This letter also recognizes the need for a future left turn lane and taper to access the site if build -out occurs before Fairfax Pike (Route 277). The Traffic Impact Analysis dated June 24, 2002 provides an accurate depiction of the current traffic situation along Fairfax Pike (Route 277) It also provides information regarding the projected impacts to this existing roadway. The proffer statement proposed by the applicant details numerous transportation related conditions that would be binding if the property is rezoned. b) Historic Resources Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement identifies several historic structures within the proximity of the subject property. It further advises that none of these structures were deemed to be historically significant by the Frederick County Rural Landmarks Survey Report. The Impact Analysis Statement also indicates that there are no possible historic districts located in or within the property, based on the Frederick County Comprehensive Policy Plan. C) 'Vater and Sewer Impact Analysis Statement The Impact Analysis Statement provided by the applicant for this rezoning provides the projected impact which the proposed rezoning would have on sanitary sewer services and water supply systems. A total of 20,000 Gallons Per Day (GPD) is projected. The Impact Analysis Statement utilized the Land Development Handbook, Dewberry & Davis 1996 page 461 in arriving at this calculation. Planning Staff Comment The property considered for rezoning is not located within the Sewer & Water Service Area (SWSA) or the Urban Development Area (UDA). The applicant has made an attempt to address this concern by proffering no development beyond the existing structure until the site is given the authority to use public sanitary services. The Health Department has indicated that a new health permit is necessary for the change of use of the existing structure into office uses. REZ #08-02, Bowman/Shoemaker Properties Page 6 August 23, 2002 The Board recently heard a request to expand the SWSA to encompass the subject property. The Board decided that a comprehensive study of the entire area was warranted before making a decision on the request. Presently this study is one of the tasks schedule for the Comprehensive Plans and Programs Subcommittee (CPPS). 7) 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 is a summary of the conditions voluntarily proffered by the -applicant: Proffer A - The property would only be used for offices with no more than 100,000 square feet of building structures. The first phase of development will be to convert the existing structure into an office building with no more than 5,000 square feet. The remaining land will not be developed to office use until the property is authorized to have public sewer service. Proffer B - Right-of-way is offered to be granted to VDOT along Fairfax Pike (Route 277) to accommodate future road improvements and bicycle facilities; the number of entrances off of Fairfax Pike (Route 277) is restricted; and a signalization agreement will be enter into with VDOT for a traffic signal prior to approval of the first site plan for phase II. The applicant also proffers to provide a 60 foot right-of-way and road through the subject property to be potentially uses as a state road in the future. Planning Staff Comment Staff suggests that the proposed development have no more than two entrances off of Fairfax Pike. The wording used by the applicant in the Impact Analysis Statement and Proffer B seems to be give conflicting information regarding the number of proposed entrances. Proffer C - A lighting plan would be provided for each site plan in Phase II. Planning Staff Comment Staff would note that the proffer does not address a Phase ILighting Plan. Proffer D - All parking would be setback from Fairfax Pike (Route 277) by at least 20 feet. A three foot high berm would be provided in this setback area, which would be planted with evergreen shrubs. REZ #08-02, Bowman/Shoemaker Properties Page 7 August 23, 2002 Proffer E - All future business signs would be limited to 100 square feet, be of monument sign style, and not exceed 15 feet in height. Proffer F - A monetary payment of $ 2,500 would be paid to the Frederick County Treasurer for Fire & Rescue services. STAFF CONCLUSIONS FOR 09/04/02 PLANNING COMMISSION MEETING: The 10.09 acres proposed to be rezoned to commercial property is not located within the county's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). Other than this concern regarding the UDA and SWSA, the rezoning application appears to be consistent with the Comprehensive Policy Plan's goals for commercial development. The subject property is located along a major roadway; is within convenient access to residential uses; and is near other commercial properties. The applicant has submitted a proffer statement in an attempt to mitigate the impacts associated with this commercial rezoning request. The proffer statement includes the voluntary restriction of all development for phase II until the property is given the authority to access public sanitary services. The proffer statement also addresses many other concerns regarding the proposed rezoning petition. Staff believes that the applicant should be prepared to address the following issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors: The property is not within the UDA or the SWSA. Existing septic system capacity for phase I and the evaluation of the applicant's response to the property not being located within the UDA or SWSA should be evaluated. The number of proposed entrances off of Fairfax Pike should be clarified. To minimize the potential traffic impacts, staff supports that the property be limited to no more than two entrances. O.-IAgendasl COMMENTSIREZONINGIStaff Reportl20021Bowman_Shoemaker. wpd OUTPUT MOD. uE Revenue- Net Capital Net Cost Per fUnadiustedt Cost Balance APPLICANT: PIN 86-A-81 Dweliina Unit Net Fiscal Impact $0 $65,600 ERR LAND USE TYPE Office Costs of Imoact Credit: ERR INPUT MODULEACredits to be Taker REAL EST VAL $10,000,000 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE: 11 Capital Faciltiles col sum only) .Over Cao Eoulp Exoend/Debt S. Taxes. Other Fire and Rescue Department $65,600 ERR $44,292 $44,292 $0 Elementary Schools $0 $47,473 $18,127 ERR $1,773,667 Middle Schools $0 Wil $0 $0 High Schools $0 Parks and Recreation $0 $0 Public Library $0 $0 Sheriffs Offices $0 $3,180 $0 $0 Administration Building $0 $0 Other Miscellaneous Facilities $0 $36,873 $7,420 SUBTOTAL $65,600 $40,053 $7,420 $0 LESS: NET FISCAL IMPACT $1,773,667 NET CAP. FACILITIES IMPACT INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "O.0" if Ratio to Cc Avg: 0.0 PLANNING DEPT PREFERENCES = 1.0 1.0 Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per fUnadiustedt Cost Balance Facilities impact Dweliina Unit $0 $0 $65,600 ERR $0 _ $0 ^ $0 ERR $0 $0 $0 ERR $0 $0 $0 ERR $3,180 $3,180 $0 ERR $0 $0 $0 ERR $44,292 $44,292 $0 ERR $47,473 $47,473 $18,127 ERR $1,773,667 $1,773,667 1 411,7Z2 F 1%01 Wil Rev -Cost Bal = 1.000 Ratio to Co Avg = 1.433 METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is Input in row total of second column (zero If negative); Included are the one-time taxes/fees for one year only at full value. - 3. NPV of future oper cap equip taxes paid in third column as calculated In fiscal Impacts. 4. NPV of future capital expenditure taxes paid in fourth cot as calculated in fiscal Impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not Include Include Interest because they are cash payments up front. Credits do Include Interest if the projects are debt financed. NOTES: Model Run Date 06/25/02 ERL P.I.N. 86-A-81 Rezoning: Assumes 10 acres zoned B2, with a maximum of 100,000 sq ft of office use. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 0 70 140 Feet mimmiIii Aug. 20, 2002 Greenway Engineering June 21, 2002 Bowman/Shoeu.<Aer Companies Rezoning BOWMAN/SHOEMAKER COMPANIES REZONING Tax Parcel 86-((A))-81 Opequon Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #Dkz for the rezoning of 10.09 acres from the Rural Areas (RA) District to the Business General (132) District; development of the -subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by James L. Bowman being all of Tax Map Parcel 86-((A))-81 and further described in Deed Book 332 Page 340 recorded in the Frederick County Clerk of Courts Office. A.) Use and Structural Development of Property 1.) The applicant hereby proffers to develop the property for office use only and limit the total building structures to 100,000 square feet for the entire 10.09 acres. 2.) The applicant hereby proffers to develop the office use in two phases. Phase I will be limited to 5,000 square feet of office space and Phase II will account for the balance of the proffered total structural square footage for the 10.09 -acre parcel. 3.) The applicant hereby proffers to utilize the existing structure on the 10.09 -acre parcel for office use in Phase I. 4.) The applicant hereby proffers to prohibit any development of office use in Phase II until the 10.09 -acre parcel is authorized to have public sewer service. B.) Transportation 1.) The applicant hereby proffers to dedicate right-of-way along Fairfax Pike (Route 277) for future road improvements by Virginia Department of Transportation in accordance with the preliminary engineering documents identified as F.I. Plans, Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km east of CL I-81 To: 0.276 km East of Rt. 636; Project 0277-034-103, PE -101, RSV 201, C-501. File 43269/EAW Greenway Engineering June 21, 2002 Bowman/Shoeniaker Companies Rezoning 2.) The applicant hereby proffers to develop a 60' right-of—way from an intersection with Fairfax Pike to the southern limits of the 10.09 -acre parcel as a Phase II improvement in accordance with the attached Exhibit A, attached to and made part of these proffers. This right-of-way will be designed and constructed as a part of the first site plan in Phase II which accesses the 60' right-of-way. 3.) The applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation for the installation of a traffic signal at the intersection of Fairfax Pike and the 60' right-of-way. This signalization agreement shall be executed with the Virginia Department of Transportation prior to the approval of the first site plan in Phase II, which accesses the 60' right-of-way. 4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to utilize the existing loop driveway only for the Phase I office development and to limit the Phase II office development to two new intersection points. 5.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement along the Fairfax Pike (Route 277) property frontage for the purpose of allowing the development of a bicycle facility as identified by the Frederick County Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the appropriate entity prior to the construction of the bicycle facility. C.) Lighting The applicant hereby proffers that all building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Pole -mounted lights will not exceed 25 feet in height. Lighting plans will be submitted for each site plan in Phase II for review and approval by the Frederick County Planning Department prior to installation. D.) Parking Lot Location and Design The applicant hereby proffers that all parking lots constructed in Phase II will be located a minimum of 20 feet from the dedicated Fairfax Pike right-of-way. An earth berm that is a minimum of three (3) feet in height will be installed within the 20 -foot parking lot setback distance and will be landscaped with evergreen shrubs that are a minimum of 24 inches in height at the time of planting to create a visual separation between Fairfax Pike and the parking lots for the office buildings. E.) Business Signs The applicant hereby proffers that all freestanding business signs will be monument type construction and that pole mounted signs will be prohibited. No monument sign will exceed 15 feet in height or 100 square feet in area for the message portion of the monument sign. File #3269/EAW 2 Greenway Engineering June 21, 2002 Bowman/Shoeraaker Companies Rezoning F.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above-described property hereby voluntarily proffer that in the event rezoning application # is approved, and the property is subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 2,500 for Frederick County Fire and Rescue to be redistributed to Stephens City Volunteer Fire & Rescue Company for capital facilities costs This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid within ninety (90) days following approval of the rezoning by the Board of Supervisors. G.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B y: _ &- t' ( �J� Z ,, "// - - 7 — 0;�_ Beverley B.Aoemaker Date Commonwealth of Virginia, City,County of /�� To Wit: The foregoing instrument was acknowledged before me this �6 day of 200 by��L V My Commission Expires0 /) File #3269/EAW Notary Public E-� C*��1�111 PHASE 1 PHASE - 11 CONCEPTUAL 60' R.O.W. L ZONING LEGEND �n.w1gyr�•--- H RA RURAL AREAS DISTRICT otr P� RESIDENTIAL PERFORMANCE DISTRICT F` R4 RESIDENTIAL PLANNED COMMUNITY R5 RESIDENTIAL RECREATIONAL COMMUNITY _ MHI MOBILE HOME COMMUNITY DISTRICT BI NEIGHBORHOOD BUSINESS DISTRICT E - B2 BUSINESS GENERAL DISTRICT Ll.! 83 ZONING LEGEND �n.w1gyr�•--- H RA RURAL AREAS DISTRICT RP RESIDENTIAL PERFORMANCE DISTRICT • R4 RESIDENTIAL PLANNED COMMUNITY R5 RESIDENTIAL RECREATIONAL COMMUNITY _ MHI MOBILE HOME COMMUNITY DISTRICT BI NEIGHBORHOOD BUSINESS DISTRICT E - B2 BUSINESS GENERAL DISTRICT Ll.! 83 INDUSTRIAL TRANSITION DISTRICT MI LIGHT INDUSTRIAL DISTRICT M2 INDUSTRIAL GENERAL DISTRICT _ ETA EXTRACTIVE MANUFACTURING DISTRICT c HE HIGHER EDUCATION DISTRICT cs me W m W cv :p Ing to ZO Lu Y > d� d� q2l W d F n Y wvq A W�q rN MARK D. SMITH No, 022837 DATE: JULY 2, 2002 SCALE: -1"=300' DESIGNED BY:EAW JOB NO.3289 SHEET -1 OF 1 H w F- r CC E - z Ll.! a z c:8 0 A 5 � � a t_aaawz m F' CC: V� 2 A W �C) LJ.I p Y U a oW z � a ow � ow O C7 V♦ z z O DATE: JULY 2, 2002 SCALE: -1"=300' DESIGNED BY:EAW JOB NO.3289 SHEET -1 OF 1 Opequon District Frederick County, Virginia TM 86-((A))-81 10.09 Acres June 24, 2002 Current Owner: Beverley Shoemaker Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering June 24, 2002 Shoemaker Global Headquarters Rezoning SHOEMAKER GLOBAL HEADQUARTERS REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 10.09 -acre parcel owned by Beverley Shoemaker. The subject site is located on the south side of Route 277 (Fairfax Pike), and Approx. 800 ft. east of the intersection of Route 277 and Route 641 (Double Church Road). The current zoning is RA, Rural Areas District. The applicant proposes to rezone the property from RA to B2 (Business General). Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out: COMPREHENSIVE PLAN 1. Policy South of Route 277 and east of the Intersection of Route 277 & Route 641 Opequon 86-((A))-81 RA Residential Business General B2 10.09 acre 100,000 square feet office The Land Use Chapter of the Comprehensive Policy Plan does not include a wide - area development plan for this geographic area of the County; however, the Fairfax Pike corridor has been a developing corridor over the past fifteen years. Land uses within the immediate area of the subject property include many residential subdivisions, several commercial sites including a shopping center, the Sherando High School and the Sherando Regional Park. The business area strategies within the Land Use Chapter of the Comprehensive Policy Plan call for the provision of locations for substantial expansion of retail, service and office use in the County with safe and efficient access. The business area strategies call for the development of major business developments on arterial corridors that provide for design, layout, function and appearance of the corridors. " Greenway Engineering June 24, 2002 Shoemaker Global Headquarters Rezoning 2. Sewer and Water Service Area The 10.09 -acre property is located adjacent to the Sewer and Water Service Area (SWSA). Currently, the SWSA boundary includes all properties on the north side of Fairfax Pike from Interstate 81 Exit 307 to White Oak Road (Route 636) and all properties on the south side of Fairfax Pike from Interstate 81 Exit 307 to Double Church Road (Route 641). Recently, the Board of Supervisors adopted an expansion of the SWSA to include additional properties on the south side of Fairfax Pike just to the east of the subject property, including the Sherando High School property, the Sherando Regional Park property and several residential parcels along Hudson Hollow Road (Route 636). A request to include the subject property into the SWSA is currently under consideration by the Board of Supervisors 3. Frederick County Zoning Ordinance Article X, Business and Industrial Zoning Districts, provides a statement of intent for each category of business and industrial zoning for Frederick County. The statement of intent for the B2, Business General District is to provide large areas for a variety of business, office and service land use located on arterial highways at major intersections and interchange areas. These areas are intended to provide direct access to major thoroughfares for the general public and delivery truck traffic. The direct access to major thoroughfares is intended to be controlled to promote safe and orderly development for properties with adequate frontage and depth. A. SUITABILITY OF THE SITE Access The subject site, tax parcel 86-((A))-81, has approximately 1,000 feet of frontage on Fairfax Pike (Route 277). The existing structure on the subject property has direct access to Fairfax Pike through a looped "horseshoe" driveway. This existing driveway is intended to serve the Phase I office development. The Phase II office development will be limited to access through one commercial entrance to the west of the existing loop driveway and through access off of a proposed 60 -foot road system which will intersect with Fairfax Pike- and proceed in a southwestern direction through the limits of the subject property. Traffic signalization will be proposed at the intersection of Fairfax Pike and the 60 -foot road system to facilitate Phase II traffic movement Flnnd Plninc The subject property is located on the FEMA National Flood Insurance Plan Map #510063-0200-B. The entire site is located as "Zone C", area outside the 100 -year flood plain. 3 Greenway Engineering June 24, 2002 Shoemaker Global: Headquarters Rezoning Wetlands The National Wetlands Inventory Map indicates that no wetlands exist on the subject property. Steep Slope The subject property does not contain areas of steep slope. Mature Woodlands The subject property does not contain woodland areas. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 47, and contains one soil type: 3B- Blairton silt loam — 2-7 percent slope, covers 100% of site. This soil type is identified in Table S — Prime Farmland on page 123 of this document. This soil type will not create construction difficulties or hazards. B. SURROUNDING PROPERTIES Adioining property zoning and present use (see existing zoning map): North: Zoned RP, Residential Performance District Zoned Ml, Light Industrial District South: Zoned RA, Rural Areas District East: Zoned B2, Business General District West: Zoned M2, Industrial General District M Residential Industrial Residential Undeveloped Commercial Heavy Commercial & Office Greenway Engineering June 24, 2002 C. TRAFFIC IMPACT Shoemaker Global Headquarters Rezoning 1. According to the VDOT Functional Classification located in the Transportation Chapter of the Frederick County Comprehensive Policy Plan, Route 277 is classified as a minor arterial road. The proposed change in zoning will provide the opportunity for the existing structure to change its form of operation to an accepted B2 Zoning classification style of business for the Phase I development limit of 5,000 square feet, and will provide for the future use of the subject property during the Phase II development which proffers a maximum build out of 100,000 square feet. Page 7 of the 2000 Virginia Department of Transportation Daily Traffic Volumes Manuel identifies an average daily traffic volume of 11,000 vehicle trips on Fairfax Pike between Interstate 81 Exit 307 and, White Oak Road (Route 636). The Institute of Transportation Engineers Trip Generation Manual provides traffic generation information for general office use as follows: Route 277 Traffic = 11,000 VPD Average Vehicle Trips = 11.01 VPD' Square Footage of Business = 5,000 sq.ft. (Phase I) = 95,000 sq.ft. (Phase II) = 100,000 sq.ft. total build out Projected Traffic = 55VPD (Phase I) = 1,046 VPD (Phase II) =1,101 VPD total build out Percentage of Traffic Increase for Route 277 Daily Traffic Volume = 0.5% (Phase I) = 9.5% (Phase II) = 10% build out 'This figure is in accordance to the I.T.E., Trip Generation Manual, 6t'' Edition, and is projected for a general business office, as per 1000 Sq. Feet Gross Floor Area, on a weekday (page 1052 in the manual). The Phase I development limit of 5,000 square feet creates a negligible increase in the average daily traffic volume on Fairfax Pike. The Phase II development has proffered conditions which offer a 60' access road connection to Fairfax Pike at a signalized intersection. These improvements reasonably mitigate the increased average daily traffic volume increase on Fairfax Pike that will occur over time D. SEWAGE AND CONVEYANCE TREATMENT c& WATER SUPPLY The subject site is located adjacent to the southern boundary of the Sewer and Water Service Area (SWSA) located on Fairfax Pike (Route 277). An 8" sewer main is currently in place on the north side of Fairfax Pike directly across from the subject property. An 8" sewer main also exists on the south side of Fairfax Pike to the west of 5 Greenway Engineering June 24, 2002 Shoemaker Global Headquarters Rezoning the subject property that serves the Rite Aid parcel. A 12" water main is currently in place on the south side of Fairfax Pike which provides water service to the subject property. The impact of this proposed rezoning of the 10.09 -acre parcel from RA to B-2 on sewage conveyance and water supply, is based on the square footage of the proffered office use being 100,000 sq. ft. Design figures show an estimated 200 GPD, for both the sewer and water systems, per 1,000 square feet of ultimate floor space (These numbers are in reference to the Land Development Handbook, Dewberry & Davis, 1996, page 461). The figures below represent the impact that the total build out of the proffered square footage of office use has on the sewage conveyance and water supply systems. Q = 200 GPD per 1,000 Sq. Ft. Q = 200 GPD x 100 (1,000 sq. ft.) Q = 20,000 GPD The numbers clearly represent that the total development of the subject property will have a minor impact on the sewage conveyance system and water supply systems. The Phase I development will utilize the existing public water supply and the existing sewage septic system for the proffered office square footage, while the proffered 95,000 square feet of office use in Phase II will be developed in conjunction with public sewer. E. DRAP4A GE The subject property drains from south -to -north towards Fairfax Pike. The Phase I office development will not require the need for stormwater management facilities as the current acreage adequately handles the runoff from the existing structure. The Phase II office development will be designed in accordance with all applicable state and local stormwater management requirements for detention and erosion and sedimentation control. F. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of business floor space (This number can be found in the Civil Engineering Reference Manual, 4`h edition). DV = 5.4 Cu. Yd. per 1,000 sq. ft. DV = 5.4 Cu. Yd. x 100 (1,000 sq. ft.) DV = 540 Cu. Yd. The proposed business parcel will have a minimal impact landfill use. on Greenway Engineering June 24, 2002 Shoemaker Global Headquarters Rezoning G. HISTORICAL SITES AND STRUCTURES The Rural Landmarks Survey Report for Frederick County, Virginia Phase I -III, 1988- 1992 identifies several structures within the proximity of the subject property that were inventoried. None of the inventoried structures were deemed to be historically significant; therefore, none of the structures were included on the list of Potentially Significant Properties found on page 248-249 or on the list of Sites Potentially Eligible for the State or National Register of Historic Places found on page 250 of this report. The subject property is not located in or within the proximity of Possible Historic Districts identified in Chapter 2 — History of the Frederick County Comprehensive Policy Plan found on page 2-10. H. IMPACT ON COMMUNITY FACILITIES The County's Capital Facilities Fiscal Impact Model has been prepared for the proposed rezoning of the 10.09 -acre site based on a proffered maximum square footage of office use. The revenues received for ,capital facilities costs are significant and offset all impacts to county services. The applicant has proffered a monetary contribution for fire and rescue services due to the net capital facilities impact demonstrated by the model. This monetary contribution exceeds the percentage of the net capital facilities impact to revenues which should adequately address any impact tor fire and rescue services. 7 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant.- All pplicant. 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 rent Street, Winchester. 1. M 3. Applicant: Name: Greenway Engineering Telephone: (540)-662-4185 Address: 151 Windy Hill, Winchester, VA 22602 Property Owner (if different from above) Name: Beverley B. Shoemaker Telephone: 869-1800 Address: P.O. Box 480 Stephens City, VA 22655 Contact person if other than above Name: Evan Wyatt Telephone: (540)-662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Continents Plat z Fees Q Deed to Property ® Impact Analysis Statement Verification of taxes paid 21 Proffer Statement 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: Beverley B. Shoemaker 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Single -Family Residential Office PARCEL ID NUMBER USE ZONING 86-((A))-82 Commercial & Office M2 86-((A))-77 Single -Family Residential RA 86-((A))-78 Single -Family Residential RA 86-((A))-80 Undeveloped Commercial B2 86-((A))-86 & 87 Trucking MI 86-((A))-89 Single -Family Residential RP 86-5-A Single -Family Residential RP 86 -A -85E Single -Family Residential RP 86-((A))-90 Single -Family Residential RP 86C -2-83A Townhouse Residential RP 8. Location: The property is located at (give exact -located based on nearest road and distance from nearest intersection, using road names and route number): South on Route 277 (Fairfax Pike), approximately 800 feet east of the intersection of Route 277 and Route 641 (Double Church). Information to be Submitted for Capital Facilities Imbact 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 or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 86-((A))-81 Districts Magisterial: Opequon High School: Sherando Fire Service: Stephens City Middle School: Aylor Rescue Service: Stephens City Elementary School: Bass Hoover 10. 11. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 10.09 RA B2 10.09 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: 100,000 sq.ft. in two phases; Service Phase I - 5,000 sq.ft Station: Phase II - 95,000 sq.ft. Retail: Manufacturing: Restaurant: Warehouse: Other 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 bet of my (our) knowledge. Applicant(s): o" 1 Owner (s):6"w'L/2,11;,1AV4 . /6 Date: 3&7 - Date: Date: Date: BOWMAN/SHOEMAKER COMPANIES REZONING Adjoining Property Owners Name Tax Mag # Address ER Neff, Inc 86-((A))-77 PO Box 1027 Stephens City, VA 22655 Rachel S. Omdorff 86-((A))-78 1140 Ashby Station Road Front Royal, VA 22630 Fruit Limited Partnership 86-((A))-80 PO Box 740 Warrenton, VA 20188 James L & Jane H Bowman 86-((A))-82 448 Fairfax Pike Stephens City, VA 22655 Linwood D. Ritter 86 -((A)) -85E 746 Double Church Road Stephens City, VA 22655 Joseph W Jr & 86-((A))-86,87 469 Fairfax Pike Alice M Athey Stephens City, VA 22655 Samuel N & 86-((A))-89,90 683 Payne Road Jo Ann Whitacre Clearbrook, VA 22624 Kenneth E Herbaugh 86-((5))-A 561 Fairfax Pike Stephens City, VA 22655 Georgetown Court 86C -((2))-83A RR 1 Box 198 Homeowners Association Stephenson, VA 22656 File #3269/EAW/dls C: J REZONING APPLICATION #09-02 AIKENS PROPERTY Staff Report for the Planning Commission Meeting Prepared: August 20, 2002 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. Reviewed Aetion Planning Commission: 09/04/02 Pending Board of Supervisors: 09/25/02 Pending PROPOSAL: To rezone 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Business Industrial Transition). LOCATION: This property is located west and adjacent to Martinsburg Pike (Rt. 11) and south and adjacent of Stine Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-21; 54 -A -20A; 54-A-20 and 54-A-22 PROPERTY ZONING & PRESENT USE: Zoned: M1 (Industrial, Light) Land Use: Industrial & Commercial M2 (Industrial, General) (With Railroad) B2 (Business, General) ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business, General) District Use: Industrial/Offices Zoned M2 (Industrial, General) District Use: Industrial South: Zoned B2 (Business, General) District Use: Commercial East: Zoned M2 (Industrial, General) District Use: Industrial West: Zoned M1 (Industrial, Light) District Use: Industrial/Offices Zoned M2 (Industrial, General) District Use: Industrial REZ #09-02, Aikens Property Page 2 August 23, 2002 PROPOSED USE: Office ( Headquarters for H&W Construction) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation with the application to rezone this property appears to have a measurable impact on Route 11, Martinsburg Pike. Route 11 is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Aikens Property rezoning application dated July 2002, addresses transportation concerns associated with this request. Considering the relatively high traffic volumes on Route 11, care should be exercised to predict accurate site volumes at construction site plan stage. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual, Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Fire Marshal: Fire & rescue access must be maintained at all times. Fire lanes to be identified by the Frederick County Fire Marshal's office. Firehydrants are required to be with 300 feet of all portions of any commercial building per Frederick County Code. Plan approval recommended at this time. Millwood Station Fire & Rescue: Proper hydrant spacing and stand -pipe system. Frederick -Winchester Health Department: Health Department has no objections at this time. Permits for water and sewer facilities must be obtained from appropriate agencies. Counly Engineer: See attached letter from H. E. Strawsnyder, Jr., P.E., Director of Public Works, dated July 2, 2002. Sanitation Authority: No Comment. Frederick -Winchester Service Authority: No comments; serviced FCSA - Opequon Facility. Historic Resources Advisory Board: Upon review of this rezoning, it appears the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the proposal by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property. The National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would impact. Thank you for the chance to comment on this application. County Attorney: Need to specify when monetary contribution to be made; once owner(s) sign, they REZ #09-02, Aikens Property Page 3 August 23, 2002 appear in proper form. City of Winchester: No comments. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the subject parcels which comprise the proposed rezoning as R-1 (Residential Limited) and M-2 (Industrial General). During the comprehensive rezoning of 1980, parcels 54-A-20, 54-A-22, and 54 -A -20B were rezoned from the R-1 District to the R-3 (Residential General) District. Rezoning application #09-81 was later approved to rezone parcel 54-A-22 to the M1 (Industrial Light) District. Then with the approval of rezoning application #03-85, parcels 54-A-20 and 54-A-21 were rezoned to the B2 (Business General) District. The parcels are presently within the M1, M2, & B2 Zoning Districts. 2) Location The parcels which comprise the proposed rezoning are located west and adj acent to Martinsburg Pike (Route 11) and south and adjacent of Stine Lane. Lee Avenue (Route 764) is located to the south of the proposed area to be rezoned, but is not adjoining it. According to the Frederick County Eastern Road Plan, found in the Comprehensive Policy Plan, Martinsburg Pike (Route 11) is classified as a major collector road. Stine Lane is a private road. The subject parcels are surrounded by a mixture of industrial and commercial properties. In general, commercial properties exist to the north and south of the parcels. Industrial properties are located to the east and the west. 3) Comprehensive Policy Plan This proposal to rezone 1.39 acres from the M1, M2, & B2 Zoning Districts to the B3 Zoning District is consistent with the objectives for the development of commercial property found in the Frederick County Comprehensive Policy Plan. The properties are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); they are located along a major collector road; and are located in close proximity to large urban areas. The Frederick County Primary Road Improvement Plan of 2001 identifies the portion of Martinsburg Pike, which adjoins the subject parcels, as a road for future improvement. The general plan identified in this document is to create an urban four lane road system from the northern limits of Winchester to the intersection of Old Charles Town Road (Route 761). The Frederick County Comprehensive Policy Plan identifies Martinsburg Pike (Route 11) as a road designated for a future bicycle path. REZ #09-02, Aikens Property Page 4 August 23, 2002 4) Site Suitability No flood plains, lakes or ponds, wetlands, sinkholes, prime agricultural soils, steep slopes, or woodlands have been identified on the site. The Frederick County Soil Survey indicates that two soil types exist in the area of the subject parcels. These soils are Frederick-Poplimento loams, 2-7% slopes (14B), and Massanetta loam. The limitations for development on Frederick-Poplimento loams, 2-7% slopes (14B) are the soils shrinking and swelling effect, the clay subsoil, low strength, lack of permeability, and slope. The limitation factor for development on Massanetta loam soils is the wetness of the soils. None of these factors appear to be of major concern with the proposed development of the subject site. The site exists within the Limestone/Carbonate Aquifers geologic are of the County. 5) Intended Use The applicant intends to rezone the subject property to the B3 (Business Industrial Transition) District. Although no proffers are provided which would limit other development permitted in the B3 Zoning District, the applicant has stated that the intent of the rezoning is to accommodate future expansion of the existing H&W Construction facility. 6) Potential Impacts a) Transportation The Impact Analysis Statement of this rezoning advises that the development of the 1.39 acres would generate an additional 100 automobile trips and 10 tractor -trailer trips per day, based on a six day workweek. Presently, the site generates a total of 100 vehicles per day. The additional traffic generation is based on projections made to account for 10 new employment positions created as a result of the expansion and business trips by clients. The Impact Analysis Statement also indicates that the principle access for automobiles will be an entrance onto Martinsburg Pike (Route 11). Trucks would access Stine Lane according the applicant's information. The applicant does not indicate that the railroad will be used for the proposed development. Planning Staff Comment: The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the Annual Average Daily Traffic for the portion of Martinsburg Pike (Route 11) adjoining the site of the proposed rezoning is 11,000. An additional 110 vehicle trips per day on Martinsburg Pike (Route 11) translates into a 1% increase in traffic. The H&W facility would incur a 110% increase in traffic from existing conditions. REZ #09-02, Aikens Property Page 5 August 23, 2002 b) Historic Resources Information provided within the applicant's Impact Analysis Statement identifies that no historic sites or structures will be impacted as a result of the proposed rezoning. Staff Comment No significant historic structures or core battlefields are located on the site of this rezoning, based on the information found in the Frederick County Rural Landmarks Survey and the National Park Service Study of Civil War Sites in the Shenandoah Valley. However, there are numerous civil war historical sites which are located in close proximity of the subject parcel. Some of these historical resources are the 2nd Battle of Winchester, Star Fort, Rutherford Farm, and the 3' Battle of Winchester. These historic resources are assets to Frederick County which may be utilized more in the future. Therefore, staff believes consideration of improving the viewshed along Martinsburg Pike (Route 11) should be given. Staff suggests that additional landscaping and/or architectural standards be looked at for this development. C) Water & Sewer The Impact Analysis Statement indicates that the anticipated water and sewer demand for the proposed development is 5,000 gallons per day. It also states that sewer and water shall be provided from connections to FCSA facilities in the Lee Avenue right-of-way. d) Drainage The applicant's Impact Analysis Statement says that the drainage of the site is presently carried to the intermitted stream channel located on the southern end of the site. The Impact Analysis Statement further indicates that it is anticipated that a stormwater management basin will be utilized to manage stormwater. Staff Comment The County Engineer has identified a historic drainage problem in the area. He suggests that the two commercial properties to the south of the development be included in any future stormwater management plans for this development. He also indicated that the Virginia Department of Transportation (VDOT) is currently in the process of upgrading drainage structures under Lee Avenue so stormwater can be directed under Martinsburg Pike (Route 11). 7) 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 proffer statement provides a monetary payment of $3,000 dollars to help mitigate some of the impacts that the development will have on Fire & Rescue Services and Police Services. $2,000 would go to Fire & Rescue and REZ 409-02, Aikens Property Page 6 August 23, 2002 $1,000 would go to the Sheriff's Office. Staff Comment The County Attorney has advised that the applicant should clarify when, and to whom, the proposed monetary proffer payment will be paid. STAFF CONCLUSIONS FOR 09/04/02 PLANNING COMMISSION MEETING: Overall, the concept to rezone this 1.39 acres of land does not appear to have any significant impacts. The property is within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) and is presently zoned M1, M2, and B2. Furthermore, the plan is consistent with the Comprehensive Policy Plan. There is a major collector road and an alternative access road to the property; and the site is located close to large areas of industrial development, which typically support B3 Zoned land. Staff believes that the applicant should be prepared to address the minor concerns which have been raised by the County Attorney and the County Engineer. Planning Staff recognizes the need to also consider the following concerns: • Consideration of bicycle facilities on the property as designated for in the Comprehensive Policy Plan. • Consideration for additional landscaping and/or architectural standards along Martinsburg Pike (Route 11) to improve the appearance of the site and area, and to support nearby historical resources. The applicant should be prepared to address the issues identified in this report, those issues raised by the review agencies, the Planning Commission, and the Board of Supervisors. O:Wgendas\COMMENTS\REZONINGStaff Report\2002Wikens Property.wpd REZONING REQUEST PROFFER Property Identification Number 54-A-219 54-A20A, 54-A-20 & 54-A-22 Stonewall Magisterial District AIKENS PROPERTY ROUTE 11 NORTH Preliminary Matters Pursuant to Section 15.2-2296 et. Sect 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 #1for the rezoning of 1.39 acres from the Light Industrial (T'vI-1) and Business General (B-2) to Industrial Transition (B-3). Development of the subject property shall be done in confonnity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with 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 1.39 acres, with frontage along U.S. Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from M-1 and B-2 to B-3. This monetary proffer provides for $2,000.00 for Frederick County Fire and Rescue and $1,000.00 for Sheriffs Office. 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, PROPERT)( O/ R By: ,, Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: yy�� The foregoing instwfe'ao acknowledged before me this day of e 2002, by �,(JQ 1-i-e-+� ff , l My commission expires JQgr J ��O, Z003 Notary Public Q-j�n cal � �=mmq—z� REZ#09-02 LocaLlon Map For: Aikens Property PIN: 54 -A - 20, 201 54-A-21,22 .tea 0 50 100 Feet Aug. 20, 2002 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 MEMORANDUM TO: Planning Commissioners FROM: Jeremy F. Camp, Planner II 9,� RE: August 21' P.C. Meeting & Timothy Johnson Waiver Request DATE: August 7, 2002 Waiver Request: FAX: 540/665-6395 Staff has received a request for relief from a buffer and screening requirement applicable to Mr. Timothy Johnson's property. A Planning Commission action on this request is consistent with the Zoning Ordinance. Location & History: Timothy Johnson owns two parcels of land in the Stonewall Magisterial District, which consist of 1.89 acres. The parcels are identified by property identification numbers 33-A-92 and 33-A-93. The land fronts Route 11, and backs up to I-81, about %2 mile south of Exit 323. Residential uses are located to the south of Mr. Johnson's property, and an unimpro"ved piece of M2 (Industrial, General) land is located to the north. On August 8, 2001, the Board of Supervisors rezoned these parcels from the RA (Rural Areas) District to the B3 (Business, Industrial Transitional) District. Since the rezoning, a site plan has been approved and Mr. Johnson has constructed an auto repair shop on lot 33-A-92. The church, which existed prior to the rezoning, remains in operation on lot 33-A-93. Presently the improvements associated with the auto repair shop have not been given final approval by staff, because the required full screen has not been installed by Mr. Johnson. Nature of Request: The development of Mr. Johnson's land requires a full screen against the residential properties to the 197 North Kent Street - Winchester, Virginia 22 fld-500. 0 Page 2 Memo - Tim Johnson Waiver Request August 7, 2002 south. The required full screen consists of a 10 -foot wide landscape screen and an opaque fence, wall, mound, hedge, or berm. The site plan for the auto repair shop is approved with a 10 -foot wide landscape screen and a 6 -foot opaque board fence. Mr. Johnson is requesting the elimination of the fence and landscape screen along the south property line of lot 33-A-93, until the property is developed to accommodate a B3 (Business, Industrial Transition) District use. This portion of the full screen would screen the church, church parking lot, and the driveway to the auto repair shop from the residential property to the south. Planning Commission Authority: Pursuant to Section 165-37 D (6) of the Frederick County Zoning Ordinance, the Planning Commission may waive "any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the siteplan are allowed in the zoning district in which the development is occurring and in the adjoiningzoning districts. " Churches are permitted in the RA (Rural Areas) Zoning District. Staff Conclusions: Section 165-37 D (4), of the Frederick County Zoning Ordinance, requires a category C buffer between the B3 District and RA District (when used for residential purposes) whenever development occurs. Since the driveway to the auto repair shop crosses though the church property, a full screen is required on the church property. However, staff recognizes the fact that the primary use of this property has not been changed from a church, which would normally not be required to be screened from residential properties. It may be appropriate to grant approval of Mr. Johnson's request, with the condition that the required landscape screen will be provided when the church property develops to a B3 use. A decision from the Planning Commission, regarding the appropriateness of this waiver, is requested during the scheduled public meeting on August 21, 2002. A copy of the letter by Greenway Engineering, which formally requests this waiver, is attached for your review; along with a letter of support from the adjoining property owners to the south. JFC/ERL/ Attachments U: UereniyWalver RequestsMnUohnson.ivpd 1 i Founded in 1971 151 Windy Hill Lane Winchester, Virginia 22602 July 29, 2002 Frederick County Planning & Development 107 North Kent Street Winchester, VA 22601 Attn: Eric Lawrence, Director Re: Tim Johnson — Buffer and Screening Waiver Request Dear Mr. Lawrence: I appreciate your willingness to meet with me to discuss the buffer and screening requirements associated with the auto repair shop facility owned and operated by Mr. Tim Johnson. As you know, Mr. Johnson rezoned parcels 33-A-92 & 93 to B3, Industrial Transition District and has developed a 4,800 -square -foot facility on the west side of Martinsburg Pike approximately % mile south of Interstate 81 Exit 323 at Whitehall. The site plan that was approved for this project requires the development of a full screen buffer along the entire southern property line of parcels 33-A-92 & 93. Parcel 33-A-92 is the site for the new auto repair facility, while parcel 33-A-93 is the site of an existing church. On behalf of Mr. Johnson, Greenway Engineering is requesting consideration for a Planning Commission waiver of the buffer and screening requirement for parcel 33-A-93. The adjoining parcels along the southern property line of parcels 33-A-92 & 93 are zoned RA, Rural Areas District and are used for residential purposes. Mr. Johnson has not impacted the residential parcel owned by Charles A. Cooke, as the church remains as the current land use. The church is a permitted land use in the RA, Rural Areas District; therefore, it is requested that the Planning Commission provide W. Johnson with a waiver of the full screen buffer until this parcel is developed with a B3 District land use. Please find attached Sheet 5 of 5 of the approved landscape plan that has been marked up to identify the location of the full screen buffer that is proposed to be waived until the parcel is developed with a B3 District land use. Also attached is a letter signed by Charles A. Cooke that agrees to the full screen buffer waiver request on parcel 33-A-93. Once again, I appreciate your assistance regarding this matter and look forward to presenting this matter to the Planning Commission during their August 21, 2002 meeting. Sincerely, Greenway Engineering Lei Evan A. Wyatt, AICP Cc: Tim Johnson Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #2624/EAW www--reenwayeng.com July 29, 2002 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Re: Tim Johnson — Buffer and Screening Waiver Request To Whom It May Concern: This letter is to advise the members of the Frederick County Planning Commission that we support the buffer and screening waiver request of Mr. Tim Johnson for parcel 33-A-93. It is our desire to not have the buffer and screening installed while the land use on this parcel remains as a church. It is our understanding that the buffer and screening will be installed if this parcel is developed in the future for a B3 District land use. Sincerely, Mr. & Mrs. Charles A. Cooke Cc: Tim Johnson Evan Wyatt, Greenway Engineering PC REVIEW DATE: 09-04-02 BOS REVIEW DATE: 09-25-02 MASTER DEVELOPMENT PLAN 905-02 FOXE TOWNE PLAZA LOCATION: The property is located southeast of the intersection ofNorth Frederick Pike (Route 522 N) and Rt. 37, and to the west of Fox Drive (Route 739). MAGiSTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 42-A-195 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) District Present Land Use: Vacant & Commercial (Restaurant) ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business, General) District Present Land Use: Commercial & North Frederick Pike (Route 522 N) South: Zoned RP (Residential Performance) District Present Land Use: Residential & Fox Ridge Lane East: Zoned B2 (Business, General) District Present Land Use: Commercial & Fox Drive (Route 739) West: Zoned RA (Rural Areas) District Present Land Use: Residential & Route 37 PROPOSED USES: Commercial (Restaurants, Hotel, & Offices) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The preliminary master development plan for this property appears to have significant measurable impact on Routes 739, Fox Drive, and 522, the VDOT facilities which would provide access to the property. As discussed with your office, special attention should be given to additional length of right-of-way necessary to turn maintenance vehicles on Fox Ridge Lane; right-of-way should extend 30' west of radius return on any site plan submitted for review. Before making any final comments, this office will require a complete Foxe Towne Plaza, MDP #05-02 Page 2 August 20, 2002 set of site plans, drainage calculations and traffic flow data from the T.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right of way needs, including right of way dedications, traffic signalization, and off site roadway improvements and drainage. Prior to construction on the State's right of way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Fire Marsh a!: Access to structures identified during individual site plans for proposed projects. Municipal water service available and utilized to meet Frederick County requirements for fire protection. Plan approval is recommended. Frederick County Inspections: No comment required at this time; shall comment at the time of site plan review. Sanitation Authority: No comment. County Engineer: We offer no comments. A comprehensive review was performed on the site plans. Citv of Winchester: No comments. PlanninLy and Zoning: Site History The first Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the property as part of the B2 (Business General) Zoning District. The current zoning of the property is B2 (Business General). The existing restaurant on the property (Kentucky Fried Chicken) was constructed in 1998. The Planning Commission reviewed the site plan for the existing KFC on July 1, 1998. In order to alleviate traffic concerns along Fox Drive and North Frederick Pike, the Planning Commission and the developer agreed to improve Fox Ridge Lane to a standard that would enable acceptance into the State system for any development after the KFC. Comorehensive Policv Plan: The property which will comprise Foxe Towne Plaza is not part of any community -specific land use plan in the County's comprehensive policy plan. The property is, however, within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). According to the Virginia Department of Transportation, and included in the Frederick County Comprehensive Plan, the western portion of North Frederick Pike is a minor arterial road; Fox Drive is a major collector road; and Route 37 is a major arterial road. Fox Ridge Lane is presently a private road. Fox Drive and a portion of North Frederick Pike are designated for a future bicycle lane, Foxe Towne Plaza, MDP #05-02 Page 3 August 20, 2002 according to the Frederick County Bicycle Plan: The pnrtinn n f the development proposed far a fast-food restaurant and the existing KFC are adjacent to these roads. Proiect Stove: The applicant has prepared a preliminary master development plan for the development of 5.649 acres of commercial land uses. The plan proposes to have a fast-food restaurant, hotel, office building, and the existing KFC restaurant on the property. All of these uses are permitted uses within the B2 (Business, General) Zoning District. The primary entrance to the property i&proposed from Fox Ridge Lane. The existing concrete access road, currently being utilized by the Sheetz Store, is intended to be an alternate entrance to the property. Improvements to Fox Ridge Lane include the reconstruction of the road to state road standards. This portion of Fox Ridge Lane will be dedicated to the Virginia Department of Transportation (VDOT) for acceptance into the state road system. Fox Ridge Lane currently serves the Fox Ridge Townhouses Subdivision. There are no flood plains, lands, ponds, or wetlands on the property; however, woodlands and steep slopes exist. The development of the property, as proposed, would disturb 23.2% of existing woodlands and 23.8% of existing steep slopes. This meets the requirements of the Frederick County Zoning Ordinance. The preserved woodlands and steep slopes would be located in the rear of the property. hsues Staff has identified a couple of potential issues. They are as follows: Fox Ridge Lane Improvements & Inter -Parcel Access: The master development plan (1v1DP) should indicate when the proposed improvements to Fox Ridge Lane will take place, and when the inter -parcel access roads will be constructed in the development process. Buffers and Screens. Staff fully supports the applicant's proposal to preserve the existing landscape screen along Fox Ridge Lane. The mature trees in this landscape screen enhance the character of the Fox Ridge Townhouses. However, the Zoning Ordinance requires a 10' landscape screen, consisting of three trees per 10 linear feet, and an opaque fence, bene, wall, or hedge. The proposed screen on the portion of the property proposed for future development does not satisfy this requirement. The approved buffer on the existing portion of the property used by KFC consists of a 10 -foot landscape screen and a six-foot high hedge row, which complies with the requirements of the Frederick County Zoning Ordinance. A buffer and screen similar to the KFC property is suggested by staff. STAFF CONCLUSIONS FOR 09-04-02 PLANNING COMMISSION MEETING: The preliminary master development plan for Foxe Towne Plaza depicts appropriate land uses and is Foxe Towne Plaza, MDP #05-02 Page 4 August 20, 2002 consistent with the Frederick County Comprehensive Policy Plan. The applicant should be prepared to address the comments identified in this report, those issues rased by the review agencies, the Planning Commission and the Board of Supervisors. O: W.gendas\COMMENTS\MDP's\2002\Foxe Towne Plazawpd Frederick coupty, Virginaa Master PLyeJopme9nt Plan, Ao2liisaflop APPLICATION De-partmcnt Development lyse Oply i +it W '`appy;#i.. Lion. ;c 'i ,Scd cC1.0anpicfie Dc 's; of accepnuicl - - 1. project Title: Foxe To;- ne 2. 0-wDer's Nan] e: KRA Food Services LLC 1625 Apple Blossom Drive Winchester, Viiia 22601 (Please list the names of all owners or parties in interest) 3. Appl emit: KRA Food Services LLC Address c/o Gilbert W. Clifford & Associates Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 _ Phone (540) 667-2139 4. Desi-gn Company: G. W. Clifford & Associates Inc. Address T. Ca.S"Street W��ster. Vf - Phone Number (540) 667°-2139 Plan Apjr :Rnaiwn Pzcl is ^,� APPLICATION cont'd MASTER DEVELOPNUNT PLAN Location or property: Southwest Quadrant of Route 522 & Route 37 Intx 6. Total Acrea-e: 5.649 Acres (PUNT 42-A- 195 7. Property Information: a) Property Identification Number (PIN): 42-A-195 b) Current Zoning: B-2 C) Present Use: Vacant d) Proposed Use: Buslness e) Ad pining Properly Information: See At`.ached f) Magisterial District: Stonewall �. Is this an original or amended Master Development Pian:' Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan applic „ ion. Signature: . Date: - . •. ;, 2 I�X() 1-6 lj//),() ///O"p A- �# Name/Address 53F-1-28 Christopher & Julie Cotterell, 100 Ridge Court Winchester, VA 22603 Zonin_g R4 Use Residential 53F-1-15 John B. Way 101 Rid e Court, Winchester, VA 22603 R4 Residential 53F-1-14 Thomas Murray, 100 Fox Court, Winchester, VA 22603 R4 Residential 53F-1-1 Jacqueline Armstead, 600 DeLa Montagne 9509, Montreal, Quebec R4 Residential 53 -A -42A Earl Bailey,851 Fox Drive, Winchester, VA 22603 RP Residential 42-A-196 Henry& Evelyn Ferris 5700 6h Avenue, Altoona, PA 16602 B-2 Vacant 42-4-A P.O. Box 2247, Winchester, VA 22604 B-2 Commercial 42-A-195 KRA Food Services, Inc., 1625 Apple Blossom Drive, Winchester, VA 22603 B-2 Vacant 42 -A -195A Tracey Hall & Howard Erin, 190 Fox Ridge Lane, Winchester, VA 22603 RP Residential 42-5-C2 Long Rural International Limited, 14800 Conference Center Dr. #204, Chantilly,VA 20151 B-2 Religious 42-5-C1 Long Rural International Limited, 14800 Conference Center Dr. #204, Chantilly, VA 20151 B-2 Religious 2-A-197 Stine's Chapel, 729 Round Hill Road, Winchester, VA 22602 B-2 Religious 42-A- 198K S ace, LLC c/o Thomas Moore Lawson PC 160 Exeter Drive Suite 103, Winchester, VA 22603 B-2 Vacant 53D-3-6 Doering Investments, LC, 343 Windsor Lane, Winchester, VA 22602 B-2 Commercial 42-A-194 Harry K. Benham III, Trustee, P.O. Box 89, Winchester, VA 22604 RA Vacant P HAL HALL ; , — I I . I 42� A 1 MDP 05 - 02 42 A 195 9 RP B2 132 Locat.ion Map For: 53 G20D4 CARPENTER 53 A 42 RP 739 B2 Foxe Towne Plaza RP open pen BAILEY 53 A 42A RPRP .4 'ENTE RP n 61 is M P N REALTY, INC 53 A 43 RP DIKI 42-A-195 132. Sunglow 0 80 160 Feet ��- Aug. 23,2002 :] r PC REVIEW: 09/04/02 BOS REVIEW: 09/25/02 SUBDIVISION Wol A _0q The Lands of Thomas E. and Ester M. Hinkle LOCATION: The property is located at 150 Stanley Drive (Rt. 781). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64A -A-11 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance); Land Use: Residential SUBDIVISION SPECIFICS: Subdivision of a 1.0331 -acre parcel into two single-family detached lots REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for subdivision of this property appears to have little measurable impact on Stanley Drive (Route 780), the VDOT facility which would provide access to the property. Before development, you will need to contact Mr. Bill Stover, Maintenance Superintendent, at our Stephens City Headquarters at (540)-869-1100 to secure the necessary private entrance permits. Entrances will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. Fire Marshal: The existing fire hydrants on this street should be adequate to meet distance requirements. Sanitation Authority: No comment. Public Works: We offer no comments at this time. Thomas and Ester Hinkle Subdivision Page 2 August 8, 2002 Planning and Zoning: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (§144-12-B). The Master Development Plan (MDP) requirement may be waived, and has been waived for this project as permitted by § 165-134A. On April 4, 2002, a letter from staff was provided to the applicant which granted a waiver to the MDP requirements. This project contains land zoned RP and does not have an approved MDP; therefore, Board review and action is necessary. Staff Review Mrs. Hinkle is proposing a subdivision of the 1.03 -acre parcel as indicated on Exhibit "A". The property contains an existing dwelling and one outbuilding. The surrounding properties are residential uses. The proposed subdivision would establish a total of two lots of 0.59 acres and 0.43 acres each. The existing dwelling and outbuilding will remain on the 0.59 -acre parcel. Both lots will have state road frontage. The existing residence is currently served by on-site sewage disposal and a sanitary sewer easement has been established to serve the 0.43 - acre parcel with public sewer service. The proposed lot sizes would be consistent with those already existing in the immediate vicinity. STAFF CONCLUSIONS FOR 09-04-02 PLANNING COMMISSION MEETING: All relevant review agency comments have been`satisfied, and the Sanitation Authority and the Virginia Department of Transportation have signed the final plats. Staff is seeking administrative approval authority. A recommendation from the Planning Commission to the Board of Supervisors would be appropriate. O:\Agenda \COMMENTS\SUSDIVISION\T&E Hinkle.wpd n Zc lu P,O. BC)',--, 2;0:3 V1'71,TCFIES:ER, VikGI1<IA 2260 i ,4`M b67-111 3 722 } ,..C;.. t ENGINEERS • PLANNERS • SURVEYORS • INSPECTIONS March 14- 2002 Mr. Evan A. Wyatt Director of Plate -nine and Development Frederick County v 107 N. Kent Street Winchester, Virginia 22601 PE: Rea uest for a Waiver of lvister Development Plan for Property on T.M. 64A -A-11. Dear Mr. -Vv'yatt: On behalf of Mr. Eddie Davis we are hereby requesting that you grant a v.-aiver of a Master Development Plan on the above referenced property. Mr. Davis is the son-in-law of the current owner and the propose of the subdivision is to divide of a gilt lot to the current owner's daughter_ The .current owner is iVt_r. and Mrs. Thomas E. Hinkle. Patrick Davenport advised us that we would have to prepare a !Master Development Plan or obtain a waiver of it from you. That is the purpose of tMs letter. We are enclosing a copy of a Mirior Subdivision Plat, which we prepared_ Since the new lot was going to be a gift tot, we thought ibis subdivision would be processed as a minor subdivision. Thank you for your consideration of this request. If you have any questions, please feel dee to call. Very truly" yours, DOVE & ASSOCIATES- PNC. Edward W_ Dove, P.E., L.S. President COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 April 4, 2002 Dove & Associates Attn: Edward W. Dove, P.E., L.S. P.O. Box 2033 Winchester, VA 22604 RE: Master Development Plan Waiver Request for Parcel 64A -A-11 Owned By Thomas E. & Ester M. Hinkle Dear Mr. Dove, On March 14, 2002, our department received a request for a waiver to the County's Master Development Plan requirements for the referenced parcel. This 1.0331 -acre parcel is zoned RP (Residential Performance) District and has state road frontage along Stanley Drive. The proposed subdivision would establish two new lots containing 0.4358 acres and 0.5973 acres. Section 165-134 of the Frederick County Zoning Ordinance provides the Director of Planning and Development to allow for waivers under certain conditions. The proposed subdivision of the Hinkle parcel is consistent with the lot sizes in the adjacent Miller Heights residential subdivision and does not affect the purpose and intent of the RP District. Therefore, it is my belief that the request for a waiver to the County's Master Development Plan process is appropriate in this situation. Please be advised that the waiver of a Master Development Plan does not eliminate any applicable development and design requirements for residential lots of this size in the RP District. Please keep this letter as evidence of the Planning Department's position regarding this subdivision proposal. Please contact me if you have any questions regarding this information. Sincerely, Evan A. Wyatt, AI Planning Director cc: Patrick T. Davenport, Zoning and Subdivision Administrator 107 North Kent Street • Winchester, Virginia 22601-50001 CO pII/ 6M -Fi -I ( �18591 59 C> Ex. Tract Line 0�0 (n Hereby Vacated —1 O� Wo 0-1148 ACRES (Adjustment Area) -L/-< THOMAS E & ESTHER M. HINKLE DB 824 PG. 881 64A -A-11 EX. ZONING. RP EX USE' RESIDEN77AL 0-9183 ACRES (ORIGINAL) 1-031 ACRES .(ADJUSTED) JENI COMPANY D6 926 PG. 84 DB 926 PG. 92 DB 946 PG- J8 DB 946 PG. 39 64 -A -11J EX. ZONING: RP EX USE., VACANT 115.4956 ACRES (ORIGINAL) 115.3808 ACRES (ADJUSTED) & J 9 8 4 T BOUNDARY LINE ADJUSTMENT v of between the property of op THOMAS E. AND ESTHER M. HINKE and JEW COMPANY Shawnee Magisterial District, Frederick County, Virginia DUANE DROWN B N DATE: NOVEMBER 19, 1999 4:- SCALE; 1-=50' 1 FILE/: C:\RAVENWNG1.DWG gilbert w. clifford & associates. Inc. 8084 N 018 5 ENGINEERS - LAND PLANNERS - SURVEYORS Nov.'V6v. 1q, lqgq 150--C Ode GAMMA Wn 200 North Carmw Sbve SHEET Fredvicksburg, WOW 22401 Wmdwct�. Vkginia 22001 2 898-2115 0 25 50 100 (M) 857-2-,39 OF 2 Z \T • CUSTER AVE k2 0 50' R/W (UNIMPROW &ENT) ccwc MON.S 57170 00' E 200.00' FOUND REBAR TO BE SET TAX MAPpf 64A 'f PARCEL 11) 5�� N B COT. E +� 1k TAX MAP TAX MAP EQST I GNI o R4 64A 300 PARCEL (10be jr 64A () I PARCEL(A9) pg 20.3 N �� 44' �Y 510op TOTAL AREA 40, DOO S0. FT. g Q q 9 °t mc. SHEDS L44 - I I \ I I I , 2 RESAR FENCE FOUND N REBAR TO BE SET THIS /S TO CERTIFY THAT CIV JUL Y 231 1994 / MADE AN ACCURATE SUR WY OF THE PREMISES EASE— HOUSE LOCATION SURVEY SHOW HERE W , AND THAT THERE ARE NO EASE— MENTS OR ENCROALNM£NTS NS7SLE LW WE ON THE PRCWERTY OF GROUND 07HER THAN THOS£ SNOW HEREON. ALICE MARIE SOLECKI DEED 800K 608 PAGE 340 SIA KNEE DISTRICT FREDERICK COUNTY, VIRGINIA _ _ lF-Ey//SES=JULY E4, IBJ¢ IIS PUT HAS BEEN PREPARED NITHOUT THE BENEFIT OF A TITLE -_--- 4D DOES NOT NECESSAPoLY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. DATE'• uC/LY Z5, 1994 $GALE.• 1 a 40" ONMER: SOLE -CK/ PUROYASER.• H/NKLE m W. 0. jF 94372 zoao NOTE = c - H OF t ZONE. M C COMMON/1Y NO. _ _--_ DAM -510063 PANEL: 01f5 DAM- : 7-17-78 j�{'� � ARCHITEC p� f� ENGINEEF PLANNER: -; VIRGINIA: FREDERICK COUNTY, SCT. v 4aJr. SURVEY & A-SSSC�IATES This Instrument of writing was produ t eon the 1 ��[,�- .Y cj%P Cha0 No. 001945 and wthl certificate ofacknow gmenthereto annexed 3078 SHAWNEE DRIVE . wa III d to record. Tax by Sec. 5&154.1 of Zq _ it P.O.. BOX 2033 j 4nd 58-54 hew bean paid. If assessable. L 4, WINCHESTER, VIRGINIA 22601 ( Suvio (703)667-1103 0.518 0.570 0.546 0,562 0.413 0.509 0.503 0.595 0.487 0.603 0,962 0.502 0.404 0.661 0.606 0.650 0.662 0.587 0.578 0.837 0.524 0.693 0.285 0.451 kW 0.439 0.505 0.794 \ 0.459 "911 PGO089 PAUL & & BETTY A CARPER "'ff 0B 287 PG. 68 70 ZaNING: RP USE: RE30EN71AL H79*50`19"E NN8,076a30'E 175.00' z 1283' -L29,2'69 - I ;-.... o' Cw CIO ' 12,040,SF _rn Ie 1 654 SF `� : --::•: ' (1258) FF N N79�019 E �--N74-5'4 E �� g: "� 20' SAN. SEWER F4ZgNT 68 12,443 SF � w Z C 66 15,654 SFQ Z, — , r ! N795019— E �:; o z 20' V1ATFR EA�IENT-- =.:_ : m �� o 13,852 SF ''*I o 3 ' NIF 0 THOMAS E & ESTHER M. HINKLE 79'5019'E D8 824 PG. 881 = 19.3T 16 — D8 960 PG 563 , .\ ZONING: RP USE: RESIOEN]lAL o 64 13, 761 SF - �/ 20' DRAINAGE S79�019 Nd EASEuENT 137.00' /OPEN SPACE. 63 3i s _ ` ff,,U PUT 3"[H OF Dj '�e �'°� � ^+ Section I P. DUANE .,, Shawnee Magisterial District, Frederick County, VL-ginia � O BRDWN > DATE: MARCH 17, 2000 SCAL-: 1"=60' FILE: C:\RAVENWINGI.DWG U � Bbwt v, dlHa-d & minim; km 8084 NO, 1265 ENGINEERS -- LJND PLANNERS -- 31JR\' MORS March 172oo0 1W -C a& Qm� Drum I'mo Nvcl omwen art SHEET EYSc1;c1� ur;�'yo 22401 M! vdt�Am. Wr 44,4 � 22301 ��'° suRVE`�°- taxa) 89r+-z1'1.x a 0 �o so 10 (W) W7 -21M � 9 OF 1- 20 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: 4 9 02 Application # ___M=a -0 Fee Paid /___�,...______1z Applicant/Agent: DOVE & ASSOCIATES, INC. Address: P.O. Bog 2033: 3078 SHAWNEE DRIVE WINCHESTER VA 22604 Phone: 540-667-1103 Owners name: ESTER M. HINKLE Address: 150 STANLEY DRIVE WINCHESTER. VA 22602 Phone: Please list names of all owners, principals and /or majority stockholders: Contact Person: EDDIE DAVIS Phone: 540-837-2454 ? I moi" l C 7)C)Q( 1 i1��t► Y�, Name of Subdivision: The land of Thofdas E. & Ester M. Hinkle Number of Lots 2 Total Acreage 1.0331 Acres Property Location: 150 Stanley Drive, State Rt. 1781, WincHeste0l, VA 22602 ApproxLkmwtely 1400 L.F. from t"& intersection of Custer Ave. & U.S. Rt. 50 E. (Give State Rt.#, name, distance and direction from intersection) Magisterial District SHAWNEE Property Identification Number (PIN)) 64A -A-11 N Property zoning and present use: Adjoining property zoning and use: RP RF.STT)F.WTTAT. Has a Master Development Plan been submitted for this project? Yes No g Water DevelopmWt Plbin Waived See Letter If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No x If yes, specify what changes: Minimum Lot Size (smallest lot) 0.4358 Acres or 18,983 S_F_ Number and types of housing units in this development: Number 1 Existing bind 1 New Types Single FaMi7Y VICINTY MAP 1" = 2000' FINAL SUBDIVISION PLAT MINOR SUBDIVISION ON THE LAND OF THOMAS E. & ESTER M. HINKLE DEED BOOK 824 PAGE 881 SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA NOTES: 1) THE PROPERTY DELINEATED ON THIS PLAT IS SHOWN ON TAX ASSESSMENT WAP 64A -A-11 2) CURRENT ZONING OF PARENT TRACT: RP; USE: SINGLE FAMILY 3) THE PROPERTY SHOWN HEREON IS LOCATED IN FLOOD ZONE "C' AS SHOW74 ON F.E.M.A- MAP COMMUNITY NO. 510063, PANEL 0200 B, DATED 7-17-78. 4) UNLESS NOTED; REBAR WILL BE SET AT ALL PROPERTY CORNERS. 5) CURRENT OWNER: THOMAS E & ESTER M. HINKLE 150 STANLEY DRIVE WINCHESTER, VA. 22602 APPRO VED SUBDIVISION ADMINISTRATOR DATE DA T£.• A10 gEA,0ER 15; 2001 Wt 01346 THIS PUT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT SCALE. 1- = 50" AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. %{ ENGINEEFS PLANNERS & ASCIATES SURVEYORS 3078 SHAWNEE DRIVE WINCHESTER, VIRGINIA 22501 EK [[SIT "A" (540)667--,103 0p [DWARD W. DOVE a CERT. NO. X54 -17-3(A)- 964 SUR�"Y'�©�' VIRGINIA DEPARTMENT OF TRANSPORTATION DATE -� C-1 / f r..�iGoh FREDERICK COUNTY SANITATION AUTHORITY DATE DA T£.• A10 gEA,0ER 15; 2001 Wt 01346 THIS PUT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT SCALE. 1- = 50" AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. %{ ENGINEEFS PLANNERS & ASCIATES SURVEYORS 3078 SHAWNEE DRIVE WINCHESTER, VIRGINIA 22501 EK [[SIT "A" (540)667--,103 0p [DWARD W. DOVE a CERT. NO. X54 -17-3(A)- 964 SUR�"Y'�©�' OWNER'S CONSENT THE PLATTING OF THE PROPERTY SHOWN HEREON FOR MINOR SUBDIVISION PURPOSES IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER(S), PROPRIETORS, AND TRUSTEES, IF ANY. DATE DATE STA 7E OF %%C/;✓:fit .-r COUNTY OF TO-W7T.- /ic-/�P✓" �-��✓_- _'r'�/A NOTARY PUBLIC IN AND FOR 77 -IE COUNTY AND STA 7E AFORESAID, DO HEREBY CER77FY 77 -IAT /�� ?/ ^�� " X- W10 -SE NAMES ARE 9GNE0 TO THE FOREGOING MR171NG DA7ED :"w - r HAVE PERSONALLY APPEARED BEFORE ME, !N MY COUNTY AFORESAID, AND ACKNOW- LEDGED 7HE SAME. : GIVEN U MY HAND 7HIS DAY OF NOTARY PUB.lC MY COMMISSION EXPIRES SUR VEYOR'S CER TlF/CA TE 1, EDWARD W. DOVE, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY THAT I HAVE CAREFULLY SURVEYED THE PROPERTY DELINEATED BY THIS PLAT AND THAT IT IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF; THAT IT IS THE SAME PROPERTY CONVEYED TO THOMAS E. AND ESTER M. HINKLE IN DEED BOOK 824 AT PAGE 881 AND DEED BOOK 960 PAGE 565 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. I FURTHER CERTIFY THAT THE LOTS ARE PROPERLY AND ACCURATELY DESCRIBED AND THAT ALL PROPERTY CORNERS WILL BE SET. STA7E OF COUNTY OF off-=/'rF/fir _ _ 70-IS1T.• ! Fr �ii� / �� % +'�=i-/AnNOTARY PUBLIC 7N AND FOR 77'.E COUNTY AND STA TE AFORESAID, DO HEREBY CERTIFY THAT "G"'" /�-"-✓`�'� W?70SE NAMES ARE 67GNED 70 7HE FOREGOING WR?TNG DA7ED -7 HAI. PERSONALLY APPEARED BEFORE ME, IN MY COUNTY AFORESAID, AND ACKNOW- LEDGED THE SAME. GIVEN UNDER MY HAND THIS l- DAY OF 20L�- �- NOTARY P71BLIC r, MY COW&VS9ON EXPIRES DATE:" N01,5VBER 10 2001 VWJ,{" 01346 THIS PLAT HAS BEEN PREPARED KMOIJT THE BE14MT OF A TITLE REPORT SCALE. 1' = 50" AND DOES NOT NECESSARILY INDICATE ALL ENCUkBP,AHCES ON THE PROPERTY. 1 ENGINEERS °' PLF.N0.1ERS & ASS(=TES SURVE',OP.S 3078 SHAWNEE DRIVE P_0. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667-1103 SHEET 2 OF 4 12-1✓ EDWARD W. DO` CERT. NO - 54 -17-3(A) 96r 712-5-1c z -- a . EDWARD W. DOVE, L.S. DATE STA7E OF COUNTY OF off-=/'rF/fir _ _ 70-IS1T.• ! Fr �ii� / �� % +'�=i-/AnNOTARY PUBLIC 7N AND FOR 77'.E COUNTY AND STA TE AFORESAID, DO HEREBY CERTIFY THAT "G"'" /�-"-✓`�'� W?70SE NAMES ARE 67GNED 70 7HE FOREGOING WR?TNG DA7ED -7 HAI. PERSONALLY APPEARED BEFORE ME, IN MY COUNTY AFORESAID, AND ACKNOW- LEDGED THE SAME. GIVEN UNDER MY HAND THIS l- DAY OF 20L�- �- NOTARY P71BLIC r, MY COW&VS9ON EXPIRES DATE:" N01,5VBER 10 2001 VWJ,{" 01346 THIS PLAT HAS BEEN PREPARED KMOIJT THE BE14MT OF A TITLE REPORT SCALE. 1' = 50" AND DOES NOT NECESSARILY INDICATE ALL ENCUkBP,AHCES ON THE PROPERTY. 1 ENGINEERS °' PLF.N0.1ERS & ASS(=TES SURVE',OP.S 3078 SHAWNEE DRIVE P_0. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667-1103 SHEET 2 OF 4 12-1✓ EDWARD W. DO` CERT. NO - 54 -17-3(A) 96r 3 g7' 4 p431 77 z ZZ _N! '=€tiG SEC. 20' DRAINAGE �� g7 ` pG �{ z \ EASEMENT v�E.N SRJkCE - g DB 971 PG 88 10' SAN. SEWER EASEMENT 22 Q, \ HEREBY CREATED S 26'42'13" W RS 200.00' t� _ _ - S 03'01'34° E RF t 57.58' RF 9D-15' 109.85' 67 j / N — — — — — S 75' 19'53" E {j n RF 25_BRL_ 42.34' E_ 9 25' BRL / TO- RS Z ry 5.0' S 5757'51" E RS _ 10.97' t o 0 � N SEPTIC m �� PARCEL 11A TANK g w .4342 ACRES --- "' o- 'oi NEW LOT UNE �I jBASM'T `! ENTRY 16. 1M1 I o .2 O DRIVEWAY EASEMENT �'1' QJ'� a- HEREBY CREATED r LCL am' i BR \ \ T, -� 35' L �m 169 23.6' 35' BRL m Z z PARCEL 11 \ \ z y; \ ' .5988 ACRES (j)Ll 120.0 B0.00' RF N 2642'13" E RS 200.00' RF V STANLEY DRIVE RT. #780 56' R/W AREA TABULATION: LINE TABLE FOR DRIVEWAY EASEMENT LINE BEARING DISTANCE L1 N 7737'10- E 25.52' L2 N 26'4213 E 8.89' L3 N 2642'13" E 26.BO' L4 N 63'17'47" W 32.54' L5 S 77-37'10" W 37.70' ORIGINAL PARCEL 11: 1.0331 ACRES NEW PARCEL 11: .5988 ACRES NEW PARCEL 11A: .4342 ACRES TOTAL= 1.0331 ACRES MINOR SUBDIVISION ON THE LAND OF THOMAS E. & ESTER M. HINKLE DEED BOOK 824 PAGE 881 SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA o 00 0 THIS IS TO CERTIFY THAT ON NOVEMBER 19, 2001 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON, AND THAT THERE ARE NO EASE- MENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. NOTES: 1. TAX ASSESSMENT MAP NO. 64A -A-11 2. CURRENT INSTRUMENT IN CHAIN OF TITLE IS DEED BOOK 960 PAGE 565 3- RF- REBAR FOUND. RS= REBAR SET THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT DATE: NOVEMBER 19, 2001 SCALE' 1 = 50' ' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. OWNER: HINKLE W.O. # 01346 � 15H of FLOOD NOTE - ZONE C COMMUNITY N0: 510063 PANEL:- 0200 B DATE: 7-17-76 CI ENGINEERS ✓EDWARD PLANNERS W. DOVE SURVEYORS 0 TCS( A ES CX. t�DJ��lril L.J CERT. N0. 54-17-,,3(A) 964 3078 SHAWNEE DRIVEP.0- BOX 2033 � WINCHESTER, VIRGINIA 22601 SHEET 3 OF 4 SUBS (540)667-1103 SCALE•. 1- = 50' ,00.00Z I M „LI7,LL.29 N 0 m °p o r O N]J PARCEL 11 A +_ o C? rn 4342 ACRES N D e n i 3 .d � O_ a•• � DRIVEWAY EASEMENT L4 — to HEREBY CREATED �� J r S 5757'51" E cmc. S 75'19'53" E' 10.97 1L- p> = 42.34, S 71.44.02 r 1 h9.31' r 10 BRL NEW LOT UNE \I 10' SAN. SEWER EASEMENT I w ` I I HEREBY CREATED m PARCEL 11 IJ N N xto ,07 N 5988 ACRESin m Z N LU J 7 0 20' DRAINAGE z! EASEMENT \ t0 BR= 1�a59 ;;y DB 971 PG 813 Z .r\ 3 a s 03'01'34" E 5 ?9 3 z - / 57.58' \ Cti T ; it ?G- Z crr� DaN, 65 ZO: R? OCA R="'" _-�. / EXISTING 10' UTILITY AND DRAINAGE EASEMENT DB 971 PG. 63 �� \ / I—i 65 EXISTING 20' SAN. SEWER EASEMENT DB 971 PG. $9 THIS IS TO CERTIFY THAT ON NOVEMBER 19, 2001 I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON. AND THAT THERE ARE NO EASE- / MENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. NOTES: 1. TAX ASSESSMENT MAP NO. 64A -A-11 2. CURRENT INSTRUMENT IN CHAIN OF TIRE IS DEED BOOK 960 PAGE 565 / / EASEMENTS FOR MINOR SUBDIVISION ON THE LAND OF a p 0 3: Ld Z F c0 Q of M7 H cn THOMAS E. & ESTER M. HINKLE DEED BOOK 960 PAGE 565 SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT DATE: NOVEMBER 19, 2001 ANO DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY" OWNER: HINKLE W.O. If 01346 FLOOD NOTE - NO: 510063 PANEL: 0200 B DATE: ENGINEERS PLANNERS & ASSOCIATES aupvF-YCRs 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667--1103 SHEET 4 OF SCALE: 1" = 50' S,TH OF EDWARD W. DO% CERT. NO. 54-173(!}) 964