Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
012-08 Closed-Replaced by 03-2009 - Walgreens-Dairy Corner PI - Red Bud 3.1 Acres RP to B2 - Backfile (2)
4. 0 m CV CD (V cl E Q -- O U Vr1 to CUa�3� �n DATE /1 a y U 8 T-- NO. ,0672 RECEIVED FRO �`� E J � QDpRESS1)0 (8 1 U�o�Jc-, M ( a � �rn ha �hAkl /�.wY►al�� �AARS $ OFOR RENT �I ❑FOR t116�Y1V:1C `^ 0 jw�C:/LDD,'YI.S �. �1/n Q77, CASH 74 /�11,, _ / c- !` CHECK Ov MONEY ORDER BY �� o DTA . REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List_ Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement I Ila q 0 File opened Reference manual updated/number assigned 0 D-base updated % a 0 Copy of adjoiner list given to staff member for verification b Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: _ Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended 6 /,, 0 ts 5--D -., P F..: IOLA � -9y o3,oq Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. June 3, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Walgreens -Dairy Corner Place Rezoning Application PHIS. Dear Mike: With the recent addition of 0.9 acres and a modified transportation proffer, we recognize that the initial Walgreens Dairy Corner Place rezoning application (RZ 12- CORPORATE: 08) has changed substantially and will therefore be processed as a new application Chantilly (RZ 03-09). Due to the fact that RZ 03-09 supersedes RZ 12-08, I would like VIRGINIA OFFICES: �7now to request, on behalf of my client, to formally withdraw rezoning application 12-08 Chantilly and proceed solely with the new application. Charlottesville Fredericksburg Please feel free to contact me at (540) 667-2139 should you have any questions. Harrisonburg Leesburg Sincerely, Newport News Patton Ham�1!Associ tes Norfolk Winchester r' Woodbridoe '. PatnckR. Sowers LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton HarrlTRust & Associates r v I Ir ,.,IF,. A.r- PHR+1� CORPORATE: Chant'11y VIRGINIA OFFICES'. Chantilly CnorIotteseiIIe Fredericksburg Harrisonburg Leesburg Newport News Norfolk 'wincheste, wu�db- :yge LABORATORIES: Chantlll` Fredericksburg MARYLAND OFFICES. Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 January 19, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 r J A N 2 0 2009 RE: Walgreens -Dairy Corner Place Rezoning Application Dear Mike: On behalf of my client, I would like to formally request postponement of the Walgreens - Dairy Comer Place rezoning application (RZ# 12-08) scheduled for the February 4, 2009 Planning Commission meeting to allow time to revise the application. I would request that a timeframe for this postponement not be specified to ensure that any revisions to the application are completed prior to returning to the Planning Commission. As this request to postpone the application may cause action by the Planning Commission to exceed 90 days from the date of the initial public hearing, we request that the 90 day requirement for Planning Commission action be extended, as necessary, to allow for revisions to the application. Please feel free to contact me at (540) 667-2139 should you have any questions or concerns. Sincerely, Patto ams ust & soc' tes Ji Patrick R. Sowers Patton Harr*ust & Associates Engnlecrs ✓uy-, Pkinncla Land, up. A,, kit., Is PHR+1� CORPORATE Chantilly VIRGINIA OFFICES: Chantilly Charlottesville Fredericksburg Harrisonburg Leesburg Newport News Norfolk Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 JA N 1 6 2009 January 16, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Walgreens -Dairy Corner Place Rezoning Application Dear Mike: On behalf of my client, I would like to formally request postponement of the Walgreens - Dairy Corner Place rezoning application (RZ# 12-08) scheduled for the February 4, 2009 Planning Commission meeting to allow time to revise the application. I would request that a timeframe for this postponement not be specified to ensure that any revisions to the application are completed prior to returning to the Planning Commission. Please feel free to contact me at (540) 667-2139 should you have any questions or concerns. Sincerely, Patton ms ust & soci�tes Patrick R. Sowers 0 REZONING APPLICATION #12-08 WALGREENS-DAIRY CORNER PLACE Staff Report for the Planning Commission Prepared: December 1, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/17/08 Pending Board of Supervisors: 01/14/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for commercial uses (pharmacy and office uses proffered). LOCATION: The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A and 63-A-2A PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Winchester Gateway Commercial South: RP (Residential Performance) Use: Residential/Dowell J. Howard East: B2 (Business General) Use: Commercial (220 Seafood) RP (Residential Performance) Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Residential 5HT--I-9� �5q ""Jlo 0 0 Rezoning #12-08 — Walgreens-Dairy Queen Place December 1, 2008 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7 and Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the Walgreens-Dairy Corner Place rezoning application dated November 13, 2008 addresses transportation concerns associated with this request. VDOT has the following concerns: We feel the $10,000.00 monetary contribution is inadequate to offset needed improvements along the Route 7 corridor that are associated with development's transportation impacts. No provisions for a multi -use trail/bike facility along Route 7. One option may be removing proposed enhance on Dairy Corner Place and utilizing existing pavement as a multi -use trail by closing Dairy Corner Place from Valley Mill Road to Martin Drive. Proffer 1.8 indicates sidewalk along property frontage with Valley Mill Road. It appears from the Generalized Development Plan that this sidewalk will have to be located off the right-of-way and therefore not maintained by VDOT, additional right-of- way will have to be provided. Hatched out pavement section on Valley Mill Road, across from proposed entrance, may be better utilized as a left turn lane for Dowell J. Circle. We recommend extending road widening back to Martin Drive to acconunodate this left turn lane. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: Refer to Land Use, page 1: Discuss the demolition of the three residential dwellings and any appurtenant structures with a reference to proper abandoning of wells and/or drainfields in accordance with health department requirements. Because of the anticipated age of the existing dwellings (constructed prior to 1978), asbestos inspections will be required prior to demolition. These inspections could be performed in conjunction with an overall environmental site assessment. Refer to Access and Transportation, page 2: The existing intersection of Dairy Corner Place and the entrance drive to the old 200 Restaurant site does not provide for safe left-hand turns onto Route 7. Include required improvements at this location to accommodate ingress and egress traffic using Dairy Corner Place to access the proposed Walgreens site. Any proposed improvements should also be reflected in the proffer statement. Impact Analysis: Provide a detailed discussion of the site drainage and proposed stormwater management improvements. Any stormwater management facilities must be designed to meet or exceed the current BMP requirements specified by the Virginia Department of Conservation and Recreation. The stormwater analysis should evaluate the need for improvements to the culvert under the entrance to the 200 property. Consideration should be given to a regional stormwater facility which will also accommodate storm drainage from the adjacent Burns' property. 0 0 Rezoning 412-08 — Walgreens-Dairy Corner Place December 1, 2008 Page 3 Department of Inspections: No comments at this time. Continents shall be made at site plan submittal. Sanitation Authority: Sewer and water are available to this site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: No objections as long as no wells or septic systems are being impacted from construction on neighboring properties. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that while the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. Department of Parks & Recreation: No comment. Winchester Regional Airport: It is determined that the proposal will not impact operations at the Winchester Airport. Frederick County Attorney: Please see attached letter dated November S, 2008 fi-om Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated November 20, 2008fi-om Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: Site History In 2002, the property for which this rezoning being requested was subject to rezoning application RZ#06-02. This application was very similar to the current request in that it was for a B2 (Business General) commercial zoning with proffers. The Planning Commission recommended denial of this request at their 09104102 meeting. The Applicant subsequently withdrew this request by letter dated September 19, 2002 prior to it being presented to the Board of Supervisors. Transportation concerns appeared to be a significant issue at that time. 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. Rezoning #12-08 — Walgreens-Dairy Corner Place December 1, 2008 Page 4 1) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The property is within the UDA and SWSA and is designated as an area of conunercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. The business corridor expectations of the Comprehensive Plan should be recognized. Particular effort should be made to provide for erdianced design of the project to facilitate improved corridor appearance along Route 7. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Place, and ultimately Route 7 should be avoided. In addition, future improvements to Route 7 and the I-81 interchange may need to use some part of the existing VDOT right of way of Dairy Conner Place in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Valley Mill Road and a secondary access point is proposed to be provided from Route 7 (Berryville Pike) via a frill commercial entrance on existing Dairy Place Corner and a comiection to Martin Drive at its intersection with Route 7. Please recognize that the proposed access onto the site via the Dairy Corner commercial entrance is very constrained. This entrance indirectly to Route 7 should be eliminated Additional entrances along such a significant transportation corridor should be avoided Rezoning #12-08 — Walgreens-Dairy Corner Place December 1, 2008 Page 5 The existing entrance at Martin Drive and Dairy Place Corner appears to be inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional connnercial traffic. It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter -parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, to Martin Avenue and to the Route 7 frontage, and along the Route 7 frontage. Presently, only a bike path along Valley Mill Road is provided. 2) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. A more thorough evaluation of the existing mature trees on the property should be completed to deterrnine if any can be incorporated into the design of the project, or avoided by site development. It would appear as though a couple of mature trees exist in the front of the property and it would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. 3) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level of service. Not all of these improvements will be in place and not all improvements are being provided. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. Rezoning #12-08 — Walgreens-Dail y Corner Place December 1, 2008 Page 6 Pedestrian and bicycle acconunodations have been provided in a coordinated manner along Valley Mill Road. However, other accommodations, in particular, along the Route 7 frontage should be specifically incorporated into the proffer language. The closure of Dairy Place Corner in the manner identified in the application, and potentially at Martin Drive, should be achieved as part of the development of this site. The 5 year sunset clause on this closure and the future impacts of constructing this improvement are not desirable. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach has been considered with this request. However, the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. Additional Frederick County Transportation Comments: • Staff would reiterate that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. • The issue of access on to Dairy Corner Lane via the 220 Seafood Entrance continues to be a safety concern. Staff recognizes the attempts to reduce the impacts of this entrance through closure of Dairy Corner at Valley Mill, but cannot support the entrance in its current configuration due to potential conflicts between the ultimate user of the 220 site and this site. A more long term vision needs to be applied to the development of the automobile access to this site that considers the County's Eastern Road Plan. • Staff would note that the significant concentration of attached housing nearby would indicate, an increased need for access to Route 7for bicyclists andpedestrians trying to access shopping, not to mention patrons of this site. We would recommend consideration of enhanced bicycle and pedestrian amenities not only to your site, but also to Route 7. • Finally, staff would continue to point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent of what was proffered for another recent pharmacy rezoning. However, that rezoning was approximately 15, 000 square feet compared to this site's proposed 25, 000 square feet and that rezoning was located in an area of much lower traffic congestion. Rezoning #12-08 — Walgreens-Dairy Corner Place December 1, 2008 Page 7 B. Design Standards The application does not provide for the addition of an enhanced landscaping buffer area along the properties` frontage with Route 7. The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. Given the adjacent residentially zoned properties to the east and west of this site, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. D. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on connnunity facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 4) Proffer Statement — Dated September 4, 2005 with latest revision November 25, 2008 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through November 25, 2008) for the site. The GDP shows a full entrance on Dairy Corner and a full entrance on Valley Mill Road. The location of a potential location for inter parcel connections is also shown on the GDP. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. It may be prudent to provide more specificity on important elements such as landscaping, buffering, and site layout. B) Land Use The Applicant has stated that they intend to develop the property with up to 15,000 square feet of phannacy use and up to 10,000 square feet of office use on the property. This is generally consistent with the TIA. The applicant has not proffered any enhanced landscaping along the site's road frontages which would enhance the corridor appearance of the property and address this goal of the Comprehensive Plan. Rezoning #12-08 — Walgreens-Dairy Corner Place December 1, 2008 Page 8 B) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the south east corner of the site. The proffers, in particular proffers 1.3 and].]] should be evaluated and potentially modified to reflect the need not to have an entrance on Route 7 via Dairy Place and Martin Drive. Improvements to the east side of Valley Mill Road across the properties frontage including improvements to the north bound leg of the Valley Mill Road and Route 7 intersection are provided, as is the dedication of any necessary right of way needed to make the improvements. Ultimately, Valley Mill Road is planned to not connect with Route 7 in its current location. Significant improvements in this location may further compromise the ability to implement the long term improvements in this general area. Regardless, any improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. The Applicant has proffered a $10,000 contribution for future transportation improvements within the general vicinity of the property. The applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement or address additional impacts that could be associated with this request. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. The Applicant has proffered to close the existing access from Daily Place Corner to Valley Mill Road. All site and transportation improvements should be completed prior to the issuance of a Certificate of occupancy on the first building. Proffer 1.7 should be revised accordingly. The closure of Dairy Place Corner and Martin Drive should also be evaluated. The Applicant has proffered to construct a 10' asphalt hiker/biker trail along the property frontage with Valley Mill Road. A similar improvement should be provided along the Route 7/Dairy Corner Place frontage. Improvements should also be considered to connect along Valley Mill Road to Martin Drive. Rezoning #12-08 — Walgreens-Dairy Corner Place December 1, 2008 Page 9 D) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. Monetary contributions to offset the impact of development should be made prior to the issuance of the first building permitfor the property. Proffer 3.3 should be revised accordingly. STAFF CONCLUSIONS FOR THE 12/17/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan, in particular the Route 7 Business Corridor Plan and the Eastern Road Plan. Particular attention should be paid to the transportation impacts associated with this request and the proposed entrances to the facility. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not recognized. Following the required public hearing-, a recommendation re -cording this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. (40 F`N Pv OR b 54 A 99E F WIN LLC 54 A 99K WIN LLC gE�tR RERRYV 0 - VNRy G 1 QQ ILI 04 it SI A 114 ♦ Ilfy SCIgOL BOARD Walgreens - Dairy Uorner Ylace ReZoning ,♦'= REZ # 12 - 08 PIN: 54F - 1 - 9A, 54F - 1 - 9, 54F - A - 30, 54F-3-A,54F-3- Al, 54-3-A2 Case Planner: Mike Future Rt37 Bypass Zoning M2 (Industrial, General District) QApplication BI (Business, Neighborhood District) • MHI (Mobile Home Community District) Buildings B2 (Business, General Distrist) - MS (Medical Support District) — Urban Development Area — B3 (Business, Industrial Transition District) — R4 (Residential Planned Community District) %,# SWSA - EM (Extractive Manufacturing District) - RS (Residential Recreational Community District) - HE (Higher Education District) RA (Rural Area District) • MI (Industrial, light District) RP (Residential Performance District) 0 50 100 200 Feet of FREDERICK Department of Planning and Development 0/665-5651 0/665-6395 TO: Patrick Sowers FROM: Michael T. Ruddy, AICP Deputy Director ~ --- RE: Initial Comments — Walgreens, Dairy Corner Rezoning Application DATE: November 20, 2008 The following points are offered regarding the Wala eens, Dairy Corner Commercial Rezoning Application. This is a request to rezone 3.1 acres from RA to B2 with Proffers - Please consider the comments as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input that has previously been provided on this request. Please ensure that these comments and all review agency comments are adequately addressed. Land Use. The property is located in the area covered by the Route 7 Corridor Plan. The property is within the UDA and SWSA and is designated as an area of commercial land use. The business corridor expectations of the Comprehensive Plan should be recognized. General. Consider providing more design details, including the form of the layout of the site and the building materials, which would implement the goal of developing an attractive addition to the Route 7 corridor. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Similar projects in other developing areas of the community have attempted to address the corridor appearance efforts of the County. Such an approach may include locating the buildings on the property to the front of the site, Route 7 and Valley Mill Road, and limiting the amount of parking in front of the buildings in favor of providing more parking internal to the sight. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • 0 Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 2 Transportation. This application should focus on the entrance to Valley Mill Road, Valley Mill Road, and an enhanced interparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an Urban six -lane divided facility. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Place, and ultimately Route 7 should be avoided. The existing entrance at Martin Drive and Daily Place Corner appears to be inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional commercial traffic. In addition, future improvements to Route 7 and the 1-81 interchange may need to use some part of the existing VDOT right of way in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. The function of the existing signal at Valley Mill Road and Route 7 should continue to be enhanced and improvements to Valley Mill Road should be promoted. Improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. It is anticipated that additional right-of-way and improvements may be necessary along Valley Mill Road. Future right-of-way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. This may warrant a greater amount of dedication than the proffered 10'. More detail should be provided regarding Martin Avenue and its intersection with Valley Mill Road. This intersection appears to be approximately 150' from this property. Martin Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving the frontage of Valley Mill Road and the entrance to Martin Avenue to a public street standard that meets all current standards. This application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Valley Mill Road and Martin Drive. 0 0 Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 3 It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter -parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request relative with the scale of this request. Pedestrian accommodations should be provided in a coordinated mariner internal to the project, to and along Valley Avenue, and Martin Avenue, to the Route 7 frontage, and along the Route 7 frontage. Bike and pedestrian accommodations should be a consideration across the Route 7/Dairy Corner frontage and across Valley Mill Road intersection. This should be done at this time and in conjunction with your proffered intersection improvements at this location. Proffer Statement. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the conunents identified. It may be prudent to provide more specificity on important elements. In addition, the Generalized Development Plan should be specifically referenced in the proffers. Section 1 of the proffers may be the best place to do this. Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. Proffer 1.10 should be evaluated to reflect the desire not to have an entrance on Route 7 via Dairy Place and Martin Drive. Vehicular circulation should be via the signalized intersection and interparcel connections. 0 0 Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 4 All site and transportation improvements should be completed prior to the issuance of a on the first building (Proffer 1.6). Proffer 1.9 appears to be the Certificate of occupancy exception. In this case, all e sernents shall be d prior to s on the site plpan can be provided.rovideite plan approval to insure that the improvements s howMonetary contributions to offset the impact of development should be made prior to the issuance of the first building permit for the property. Proffer 3.3 should be revised accordingly. This proffer statement provides for a 25,000 square foot commercial development which would include a pharmacy with drive up window. The monetary contributions aimed to offset the impact of development should be carefully evaluated to ensure they are relative to the proposed development. The proffer statement must be signed by the owner/owners of the property. Impact Analysis. The application proffers 25,000 square feet of commercial, including a pharmacy with drive through window. There is no further breakdown of the square footage of the uses. The TIA models a 15,000 square foot pharmacy and 10,000 square feet of medical office uses. This should be considered when evaluating the impacts of this request and the proffer statement. Based upon the above scenario, the TIA describes improvements that are necessary to achieve an acceptable level of service. Not all of these improvements will be in place and not all improvements are being provided. It would appear as though even with your suggested improvements to the approach to the valley Mill/Route 7 intersection, only a level of service D is being achieved. Other. I would suggest an evaluation of the existing mature trees on the property to determine i any can be incorporated into the design of the project. It would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. Additional comments rovided b Mr. John Bishop. AICP The issue of access on to Dairy Corner Lane via the 220 Seafood Entrance continues to be a safety concern. Staff recognizes the attempts to reduce the impacts of this entrance thcougn tosure of airy Corner curre t p configuration due Valley lto po'tlenti 1 cannot support the entrap conflicts between the ultimate user of the 220 site and this site. A more long 17--] w Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 5 • term vision needs to be applied to the development of the automobile access to this site that considers the County's Eastern Road Plan. • We would note that the significant concentration of attached housing nearby would indicated an increased need for access to Route 7 for bicyclists and pedestrians trying to access shopping, not to mention patrons of this site. We would recommend consideration of enhanced bicycle and pedestrian amenities not only to your site, but also to Route 7. • In reviewing the materials sent to VDOT and copied to the County regarding pro- rata shares for transportation, staff must point out that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. • Finally, staff must point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent of what was proffered for another recent pharmacy rezoning. However, that rezoning was approximately 15,000 square feet compared to this site's proposed 25,000 square feet and that rezoning was located in an area of much lower traffic congestion. Once again, please ensure that all review agency convnents are adequately addressed. Attachments MTR/bad 0 a VIA FACSIMILE (540-665-0493) AND FIRST-CLASS MAIL Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 November 5, 2008 E-mail: rwillia@co.frederick.va.us Re: Walgreens — Dairy Corner Place — Proposed Rezoning Proffer Statement dated September 4, 2008 Dear Patrick: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Proffer 1.1 — The proposed application materials are titled "Walgreens — Dairy Corner Place" and refer to a 15,000 square foot pharmacy and 10,000 square feet of office space, but the Proffers do not actually exclude any B2 uses, nor does the GDP identify any particular structures contemplated for the Property, whether corresponding to pharmacy and/or office space use or otherwise. • Proffer 1.2 — The TIA refers on page 17 to the site entrance on Dairy Corner Place as being a right-in/right-no1it Pntran{;e, but the Proffers do not impose such a limitation. • Proffer 1.3 — The Proffer does not indicate any specific triggering event for the referenced inter -parcel connector, such as, at such time as the adjoining parcel(s) becomes subject to a particular use or uses. • Proffer 1.4 — The Proffer provides for the design and construction of the additional northbound left turn lane on Valley Mill Road at the intersection with Route 7 and the GDP indicates "10' R.O.W. DEDICATION" along Valley Mill Road as it borders the Property, but the Proffer does not commit to make the indicated dedication. • Proffer 1.5 — The Proffer does not state a time period, upon occurrence of approval by Frederick County and VDOT, within which the Applicant will provide for the closure of access from Dairy Corner Place to Valley Mill Road. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers November 5, 2008 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely, 90dric it s County Attorney cc: Michael T. Ruddy, AICP, Deputy Director, Department of Planning and Development • 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff` or:ems , Fee Amount Paid $ / Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (40) 667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Eastside Holdings LLC Telephone: Address: P.O. Box 31 Winchester, VA 22604 3. Contact person(s) if other than above Name: Patrick Sowers w/PHRA Telephone: (540,) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. • Please list below all owners or parties in interest of the land to be rezoned: Eastside Holdings LLC Red Leaf Development 6. A) Current Use of the Property: Residential and Vacant B) Proposed Use of the Property Commercial 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located at the southeast corner of the Intersection of Berryville Ave Rt 7) and Valley Mill Road and also adjacent to Dairy Corner Place. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 54F-1-9A, 54F-1-9, 54F-A-30, 54F-3-A, 5417-3-Al and 54F-3-A2. Districts Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood High School: Middle School: Elementary School James Wood JW Middle Redbud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.1 RP 132 3.1 Total acreage to be rezoned 2 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: 10,000 Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other (Pharmacy) 15,000 I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) % :� / _ - p -��- Date 10 • 3 • Adjoining Property Owners Rezoning • 1] Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2" d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: David and Svetlana Burns 1675 Fort Braddock Street Property#: 54-A-112Q, 54-A-112D AND 54-A-112P Winchester, VA 22601 Name: 220 Seafood Restaurant, LLC 238 Hanging Tree Road Property #: 54-A-112C Winchester, VA 22603 Name: Win, LLC 1100 Fifth Ave S, Ste 210 Property #: 54-A-99E Naples, FL 34102 Name: Frederick County School Board PO Box 3508 Property #: 54-A-114 Winchester, VA 22604 Name: Ariosto and Maria Sorto 1 Country Club Drive Property #: 54F-1-7, 5417-1-3 and 54f-1-5 Leesburg, VA 20175 Name: State Highway PO Box 2249 Property#: 54F-A-30A Staunton, VA 24402 Name: Willie and Angela Shoemaker 286 Huntersridge Drive Property #: 54F-1-8 Winchester, VA 22602 Name: Betty Garrett 147 Dowell J. Circle Property #: 54F-1-6 Winchester, VA 22602 Name: Property #: Name: Property#: Name: Property #: Name: Property #: Name: Property #: Name: Property#: 4 0 0 7 i 7 7 7 r � • • _ _ + Map Features ; • '. IN County Boundary • ;� • ► •,,` C Tax Map Boundary Community Centers WINCHESTER George Washington National Forest '► ` GATEWAY p Hamlets LakestPonds Streams • �'`�� Sewer Water Service Area �O Urban Development Area Roads/Transportation N /V I nterstates sip ~ ' Primary Highways L� I Secondary Roads '`� •. _ Named Private Roads ��P VqZ5 Unnamed Private Roads `vl Proposed Route 37 ��� PROJECT R� 44 ., Railroads AREA Cities/Tow n s 1 Middletown Stephens City C ►1-� = Winchester L Agricultural Districts - Double Church Refuge Church South Frederick Zoning• B1 (Business, Neighborhood District) 1 n B2 (Business, General District) Q L B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) II��TT✓ ` HE (Higher Education District) Q - M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Services District) ® R5 (Residential, Recreational Community District) F— RA (Rural Areas District) F— RP (Residential Performance District) Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P T Et Piccadilly Street. Suite 2D0 Winchester Virgina22601 1 T 540.667.2139 H \l Wi F 540.665.0493 ti 07 r _ ZONING MAP FIGURE 2 WALGREENS DAIRY CORNER PLACE DATE: 7/ 1 /OS 0 NOTES. 1. BOUNDARY SWWN HEREON WAS DETFRMNED BY A naD RUN SURVEY PERFORMED BY ARTZ R ASS"TES ON DECRKR 3, 2002, S PLAT IS St"CT TO EASEMENTS AND RESTRICTI(MIS OF RECORD. CURVE RADIUS ARC LENGTHRD CHOW DELTA ANGLE C1 979.9 50.53 54.53 4 36 E 02 5 i C2 979.93 (10.60 m uriW29- C3 542.96 0.34 0 34 N 53'?A 44 W 66609. C4 547.95 1.19 W 1 C5 547.06 51.DO 50.98 N 1732 05 W 05,10 56 C8 547.96 59.49 59.4 IN 13-48 30 W 0d'13 13 --♦-- - REBAR SET UNLESS NOTED OTTEWISE —0— . POINT DA Y/gyp M� REW FOUND RON FOUND Nk TMj(�M &9�r� AT 7.05' AT 0.72' - .ry Cl C2 REBME FOUND 9 /1 A�1 AT 0.66 `3 A - � �'° TM #54-A-112C 9 220 SEAFOOD �� RESTAURANT, L. C. eav1298 � L � IiON PIPE 4 TO 30 1v Tv A1�1 u% MAR S L►3 FOUND 10' R%W • G IRON PPE SET ' ROW FOUND T � ROW 0 TOM TM#54-A-112E = 4,765 SQ.FT. I CATM 6. & 9 A G DONALD 6.6ANSE 9=11,112 SQ. FT. 580/425 30=1.7640 ACRES ) A = 24,660 SQ. FT. FOUND / A 1-1=16,578 SQ. FT. A 1-2 = 665 SQ. FT. TOTAL = 3.0909 AC. BOUNDARY SURVEY of 6 PARCELS REDBUD DISTRICT, FREDERICK COUNTY, VIRGM SCALE: 1" :100' DATE. DECEMBER 3, 2002 PRESENT OWNERS: 9-9 = WA RA E. SR. d CE R. SIMPSON #4-QADB 8544 l REM im■ 0*11 �"`- 1 IJ -1� 3FE fi1t� _�� '-� �Q'i 1 1 • � ao■Milam OWN U.M. R�ifI�'r�T3t:7� = CLA d G.W. M F-A- P6 4 = pDOU 5 . RU5 q -3-A D P& 1420 = OOU�5 E. RUSS -Al DB P492 p� 1 20 �7 P6 2 PARCEL 1 Al-2 = DOU6LAS E. RUSSELL 54F-3-Al D 0Q0 P 1 20 PRDAC< 120459 DB 421 2 PARCEL. 2 QMICHAfl M. ARTZ> No. 1951 ��� a2 94 I C,4N0 SUR�'c�O tR f: -AM.-- -- - Interstate 81 -I-NTER-S-TATE' y* ,r Improvement Stuay • 1 PROJECT NUMBER: 0081-968-F1/ ' FREDERICK COUNTY AF co r _ 1 • 'Inz 10 8 m f _ LLJ wag, 40 L-3 v-) /� 2 W EXIT 315 y � ROUTE 7 .z ` qlProposed Malnllne Proposed Interchange Sheet No. V•r*ia Department of Transportation Wldening Improvements Proposed Proposed Structure Other Potentlal SWM SCALE 1 : 2500 ' Work ® Improvements Basln 19A Exlsting R/W, L/A Une------- Exlsting L/A Une 0 50 m loom METRIC Proposed R/W, L/A Une Proposed L/A Une EXIT J/57 ROUTE InCersCaCe INTERSTATE Improvement Sc uay 8 1 PROJECT NUMBER: 0081-968-Fll -..A FREDERICK COUNTY m"O 4 VIleit Aoi Ae 7 4w SFr 5. 4p ;w V, U Pro MaInflne Proposed Interchange Proposed V'r* Depabmt of Transportation WidenIng Improvements SW1,4 Proposed Structure Other Flotentlal BasIn Work Improvements ExIstIng RIW, LIA Une — — — — — — ExIstIng LIA Une Prnnn-qt-.d RIW. LIA Une Proposed LIA Une , qw Sheet No. SCALE 1 2500 =� 19 0 50 M 100 mWIr-METRIC PROPOSED PROFFER STATEMENT REZONING: RZ # /� -©9 Residential Performance (RP) to Business General (B2) PROPERTY: 3.1 acre +/-; Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A 30, 54F-3-A, 54F-3-A1, and 54F-3-A2 (the "Property') RECORD OWNER: Eastside Holdings, LLC APPLICANT: Eastside Holdings, LLC PROJECT NAME: Walgreens — Dairy Corner Place ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE(S): October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning maybe contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Walgreens — Dairy Corner Place" dated September 4, 2008 revised November 25, 2008 (the "GDP"), and shall include the following: Site Development 1.1 Development of the Property shall be limited to a pharmacy and/or office uses. Pharmacy uses shall be limited to a maximum building floor area of 15,000 square feet. Office uses shall be limited a maximum building floor area of 10,000 square feet. 1.2 The Property shall be developed in substantial conformance with the GDP. Pro 0 n 01119reeiis1 — Dairy Corner Place 1.3 Access to the Property shall be limited to one entrance on Valley No Road as well as one entrance on Dairy Corner Place in substantial conformance with the locations depicted on the GDP. (See 1A and 1B on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constricted on the Property, the Applicant shall provide an inter -parcel connector for access to and from the area located east of the Property in substantial conformance with the location depicted on the GDP. (See 2 on the GDP) 1.5 The Applicant shall design and construct all improvements necessary to provide two left turn lanes and a shared right/thru lane for northbound Valley Mill Road at the intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said improvement shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property and shall be subject to review and approval by the Virginia Department of Transportation (VDOT). (See 3 on the GDP) 1.6 The Applicant shall design and construct a left turn lane for the project entrance on Valley NO Road as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. Said design shall be subject to review and approval by VDOT. (See 4 on the GDP) 1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing access from Dairy Corner Place to Valley Mill Road as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT. In the event the Applicant does not receive written notification from Frederick County and VDOT within 5 years from the date of final rezoning to request the closure of said roadway, then the Applicant shall no longer be responsible for said improvement. (See 5 on the GDP) 1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage with Valley Mill Road prior to issuance of a certificate of occupancy for any building constricted on the Property. (See 6 on GDP) 1.9 The Applicant shall constrict a 10' asphalt hiker/biker trail to VDOT standards along the Property frontage with Valley Mill Road concurrent with the road improvements identified in Proffer 1.4. (See 7 on GDP) 1.10 Prior to site plan approval, the Applicant shall obtain any easements necessary to provide adequate sight distance as required by VDOT. 1.11 The Applicant shall improve the intersection of Martin Drive and Dairy Corner Place as required by VDOT for site plan approval. Said improvements shall be constructed prior to issuance of a certificate of occupancy for any building constricted on the Property. (See 8 on GDP) 1.12 In the event the existing right of way for Dairy Corner Place is utilized for improvements to the Route 7 corridor, the Applicant shall not object to modifications by VDOT to the proposed site access to Dairy Corner Place as depicted on the GDP. (See 1B on GDP) Page 2 of 4 Proffer Staten�e�rl 0 2. Design Standards 919reeiis — Dory Corner Place 2.1 Any structure erected on the Property shall be constructed using one or a combination of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dumpster pad screen walls shall be constricted of the same masonry material(s) used for building constriction. 2.2 Site lighting shall utilize full cut-off luminaries to minimize impacts to adjacent properties. 3. Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.3 The Applicant shall contribute the amount of ten thousand dollars ($10,000.00) to Frederick County for transportation improvements within the general vicinity of the Property. Said contribution shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property. 4. Escalator Clause 4.1 In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 30 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 Proffer Statement fakgreeiis — Dairy Corner Place Respectfully submitted, Eastside Holdings, LLC By: cc� CZt ✓vim./�//�� Date: d'7� STATE OF VIRGINIA, AT LARGE FREDERICK' COUNTY, To -wit: The foregoing ulstnimen Act was acknowledged before me this day of 1C.CZ11 be--c 2008, by %ee=o& My comn-ussion expires 31 � ZO / Notary Public, v' LILA M. TRIPLETT NOTARY PUBLIC Commonwealth of Virginia Reg. #335897 My Commission Expires Aug. 31, 2011 Page 4 of 4 0 • Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH 1 + l Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: cc: Mike Ruddy, AICP Frederick County Planning and Development Patrick Sowers December 2, 2008 Walgreens — Dairy Corner Place 15824-1-0 Memorandum Please find attached a signed, notarized copy of the November 25, 2008 Proffer Statement for the Walgreens — Dairy Corner Place rezoning application. If you have any questions, please feel free to call me at (540) 667-2139. DEC 2 2009 PROPOSED PROFFER STATEMENT REZONING: RZ # Residential Performance (RP) to Business General (B2) PROPERTY: 3.1 acre +/-; Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A 30, 54F-3-A, 54F-3-A1, and 54F-3-A2 (the "Property") RECORD OWNER: Eastside Holdings, LLC APPLICANT: Eastside Holdings, LLC PROJECT NAME: Walgreens — Dairy Corner Place ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE (S): October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning maybe contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Walgreens — Dairy Corner Place" dated September 4, 2008 revised October 23, 2008 (the "GDP"), and shall include the following: 1. Site Development 1.1 Development of the Property shall be limited to a pharmacy and/or office uses. Pharmacy uses shall be limited to a maximum building floor area of 15,000 square feet. Office uses shall be limited a maximum building floor area of 10,000 square feet. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement • t1greens — Dairy Corner Place 1.3 Access to the Property shall be limited to one entrance on Valley Mill Road as well as one entrance on Dairy Corner Place in substantial conformance with the locations depicted on the GDP. (See 1A and 1B on die GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide an inter -parcel connector for access to and from the area located east of the Property in substantial conformance with the location depicted on the GDP. (See 2 on the GDP) 1.5 The Applicant shall design and construct all improvements necessary to provide two left turn lanes and a shared right/thm lane for northbound Valley Mill Road at the intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said improvement shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property and shall be subject to review and approval by the Virginia Department of Transportation (VDOT). (See 3 on the GDP) 1.6 The Applicant shall design and construct a left turn lane for the project entrance on Valley Mill Road as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. Said design shall be subject to review and approval by VDOT. (See 4 on the GDP) 1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing access from Dairy Corner Place to Valley Mill Road as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT. In the event the Applicant does not receive written notification from Frederick County and VDOT within 5 years from the date of final rezoning to request the closure of said roadway, then the Applicant shall no longer be responsible for said improvement. (See 5 on the GDP) 1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage with Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on the Property. 1.9 The Applicant shall construct a 10' asphalt hiker/biker trail to VDOT standards along the Property frontage with Valley Mill Road concurrent with the road improvements identified in Proffer 1.4. 1.10 Prior to site plan approval, the Applicant shall obtain any easements necessary to provide adequate site distance as required by VDOT. 1.11 The Applicant shall improve the intersection of Martin Drive and Dairy Corner Place as required by VDOT for site plan approval. Said unprovements shall be constructed prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 6 on GDP) 1.12 In the event the existing right of way for Dairy Corner Place is utilized for improvements to the Route 7 corridor, the Applicant shall not object to modifications by VDOT to the proposed site access to Dairy Corner Place as depicted on the GDP. Page 2 of 4 Proffer Stateniei7t • 2. Design Standards 97algreeiis — Dairy Corner Place 2.1 Any stricture erected on the Property shall be constructed using one or a combination of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dumpster pad screen walls shall be constructed of the same masonry material(s) used for building construction. 2.2 Site lighting shall utilize full cut-off luminaries to minimize impacts to adjacent properties. 3. MonetaiY Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a b-Ading permit for the Property. 3.3 The Applicant shall contribute the amount of ten thousand dollars ($10,000.00) to Frederick County for transportation improvements within the general vicinity of the Property. Said contribution shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property. 4. Escalator Clause 4.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 30 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 Proffer Statement 9 SWalgreens — Dab y Corner Place Respectfully submitted, Eastside Holdings, LLC Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instnnt ient was acknowledged before me this Z day of Azo /P en_ 2008, by 41 LILA M. TRIPLETT My commission pine O Zc� l NOTARY PUBLIC Notary Public f, Commonwealth of Virginia Reg. #335897 My Commission Expires Aug. 31, 2011 Page 4 ol'4 Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PR+A Winchester, Virginia 22601 H T 540.667.2139 F 540.665.0493 To: Mike Ruddy, AICP Organization/Company: Frederick County Planning From: Patrick Sowers Date: November 25, 2008 Project Name/Subject: Walgreens — Dairy Corner Place PHR+A Project file Number: 15824-1-0 cc: We received new Frederick County Attorney comments today for the Walgreens — Dairy Corner Place rezoning application. I have attached a copy of our conunent response letter as well as the revised Proffer Statement and GDP, both dated November 25, 2008 to address the County Attorney comments. I have attached 40 copies of the GDP for the Planning Commission agenda mail -out. Would you please replace the proffer statement and GDP provided as part of the application submittal to your office on November 21, 2008 with the attached documents. Please feel free to call with any questions you may have. NOV 2 5 21ut, Patton Harris'—Itust & Associates Engineers. Surveyors. Planners. Landscape Architects. 25 November 2008 Mr. Roderick B. Williams Office of the County Attorney 107 N. Kent Street, 3`d Floor Winchester, Virginia 22601 • RE: Walgreens - Dairy Corner Place Rezoning Application; Pn ,n Response to comments HDear Mr. Williams: CORPORATE: Thank you for your comments dated November 25, 2008 regarding the proposed Chantilly Walgreens - Dairy Corner Place rezoning application. I have attached a revised VIRGINIA OFFICES: Proffer Statement and Generalized Development Plan, both dated November 25, Chantilly 2008, for your review. The revised Proffer Statement has been revised to address Charlottesville your comments as follows: Fredericksburg Harrisonburg Leesburg • Proffer 1.2 - The TIA refers on page 17 to the site entrance on Dairy Newport News Corner Place as being a right-in/right-out entrance, but you have indicated Norfolk in your e-mail correspondence to me as of November 5, 2008 that, while Winchester VDOT originally suggested analyzing the entrance as a right-in/right-out, Woodbridge VDOT has not since provided any negative feedback to the entrance being a LABORATORIES: standard entrance. Therefore, my only comment is that staff should be Chantilly aware, to the extent the matter is significant, that the Proffer Statement does Fredericksburg not impose a right-in/right-out limitation. MARYLAND OFFICES: Acknowled Baltimore ged Columbia Frederick • Proffer 1.6 - Staff should be aware that the Proffer contains a sunset Germantown provision of five years for the County and VDOT to request that the Hollywood Applicant perform the work for closure of access from Dairy Corner Place Hunt Valley to Valley NO Road and Staff should accordingly determine whether the Williamsport sunset provision is acceptable. PENNSYLVANIA OFFICE: Allentown Acknowledged i 39 1 540.667.2 f 540.66.39 • Proffers 1.7 & 1.8 - It may be helpful to add number labels, referring to 117 East Piccadilly Street commitments provided in these Proffers, on any future revisions to the Suite 200 GDP. Winchester, VA 22601 The Proffer Statement and GDP have been revised to provide the labels as siqugested. E Proffer 1.9 — The reference to "site distance" she The Proffer Statement has been revised as suggested. Proffer 4.1 — For consistency with Proffers 3.1 Board of Supervisors should be to Frederick Coi The Proffer Statement has been revised as suggested I' I hope that these revised application materials and re H your review comments. Please feel free to call me at (5q questions. Sincerely, PATTON HARMS RUST & ASSOCIATES Patrick R. Sowers Enclosure CC: Mike Ruddy, Frederick County Planning • PROPOSED PROFFER STATEMENT REZONING: RZ # Residential Performance (RP) to Business General (I32) PROPERTY: 3.1 acre +/-; Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, and 54F-3-A2 (the "Property") RECORD OWNER: Eastside Holdings, LLC APPLICANT: Eastside Holdings, LLC PROJECT NAME: Walgreens — Dairy Corner Place ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE(S): October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming die decision of the Board which has not been appealed, or, if appealed, die day following which die decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to die plan entitled "Generalized Development Plan, Walgreens — Dairy Corner Place" dated September 4, 2008 revised November 25, 2008 (the "GDP"), and shall include die following: 1. Site Develo-pment 1.1 Development of die Property shall be limited to a pharmacy and/or office uses. Pharmacy uses shall be limited to a maximum building floor area of 15,000 square feet. Office uses shall be limited a maxunum building floor area of 10,000 square feet. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement • •algreens — Dairy Corner Place 1.3 Access to the Property shall be limited to one entrance on Valley Mill Road as well as one entrance on Dairy Corner Place in substantial conformance with the locations depicted on the GDP. (See 1A and 1B on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide an inter -parcel connector for access to and from the area located east of the Property in substantial conformance with the location depicted on the GDP. (See 2 on the GDP) 1.5 The Applicant shall design and construct all improvements necessary to provide two left turn lanes and a shared right/thru lane for northbound Valley Mill Road at the intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said improvement shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property and shall be subject to review and approval by the Virginia Department of Transportation (VDOT). (See 3 on the GDP) 1.6 The Applicant shall design and construct a left turn lane for the project entrance on Valley Mill Road as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. Said design shall be subject to review and approval by VDOT. (See 4 on the GDP) 1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing access from Dairy Corner Place to Valley Mill Road as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT. In the event the Applicant does not receive written notification from Frederick County and VDOT within 5 years from the date of final rezoning to request the closure of said roadway, then the Applicant shall no longer be responsible for said improvement. (See 5 on the GDP) 1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage with Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 6 on GDP) 1.9 The Applicant shall construct a 10' asphalt hiker/biker trail to VDOT standards along the Property frontage with Valley Mill Road concurrent with the road improvements identified in Proffer 1.4. (See 7 on GDP) 1.10 Prior to site plan approval, die Applicant shall obtain any easements necessary to provide adequate sight distance as required by VDOT. 1.11 The Applicant shall improve the intersection of Martin Drive and Dairy Corner Place as required by VDOT for site plan approval. Said improvements shall be constructed prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 8 on GDP) 1.12 In the event the existing right of way for Daily Corner Place is utilized for improvements to the Route 7 corridor, the Applicant shall not object to modifications by VDOT to the proposed site access to Dairy Corner Place as depicted on the GDP. (See 1B on GDP) Page 2 of it Proffer Statement • 2. Design Standards *a1greens — Dairy Corner Place 2.1 Any structure erected on the Property shall be constructed using one or a combination of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dwnpster pad screen walls shall be constructed of the same masonry material(s) used for building construction. 2.2 Site lighting shall utilize full cut-off luminaries to minimize impacts to adjacent properties. 3. Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.3 The Applicant shall contribute the amount of ten diousand dollars ($10,000.00) to Frederick County for transportation improvements within the general vicinity of the Property. Said contribution shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property. 4. Escalator Clause 4.1 In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County widen 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be ui the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, diey shall be adjusted by the percentage change in the CPI-U from that date 30 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 0 • Proffer Stalement *algreens — Dairy Corner Place Respectfully submitted, Eastside Holdings, LLC By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2008, by My commission expires Notary Public Page 4 of 4 Patrick R. Sowers From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Hoffman, Gregory Sent: Friday, November 21, 2008 7:41 AM To: Ronald A. Mislowsky Cc: mruddy@co.frederick.va.us; John Bishop; Hoffman, Gregory; Smith, Matthew, P.E. Subject: Walgreens - Dairy Corner Place, Frederick County - VDOT Comments to Rezoning The documentation within the application to rezone this property appears to have significant measurable impact on Route 7 and Route 659. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Walgreens - Dairy Corner Place Rezoning Application dated November 13, 2008 addresses transportation concerns associated with this request. VDOT has the following concerns: * We feel the $10,000.00 monetary contribution is inadequate to offset needed improvements along the Route 7 corridor that are associated with developments transportation impacts. * No provisions for a multi -use trail/bike facility along Route 7. One option may be removing proposed entrance on Dairy Corner Place and utilizing existing pavement as a multi -use trail by closing Dairy Corner Place from Valley Mill Road to Martin Drive. * Proffer 1.8 indicates sidewalk along property frontage with Valley Mill Road. It appears from the Generalized Development Plan that this sidewalk will have to be located off the right-of-way and therefore not maintained by VDOT. If the intent is for the sidewalk to be maintained by VDOT, additional right-of-way will have to be provided. * Hatched out pavement section on Valley Mill Road, across from proposed entrance, may be better utilized as a left turn lane for Dowell J. Circle. We recommend extending road widening back to Martin Drive to accommodate this left turn lane. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Gregory T. Hoffman, Land Development Supervisor Virginia Department of Transportation Edinburg Residency - Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535-1824 Fax #(540) 535-1846 17, Patrick R. Sowers Subject: Walgreens and Burns Rezonings -----Original Message ----- From: Wayne Lee[mailto:Leew@frederick.kl2.va.us] Sent: Thursday, November 06, 2008 10:38 AM To: Patrick R. Sowers Cc: Al Orndorff; Patricia Taylor Subject: RE: Walgreens and Burns Rezonings Patrick, Here is our comment for the Burns Rezoning: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville Turnpike intersection. Here is our comment for the Walgreens Rezoning: FCPS requests that the applicant revisit its Traffic Impact Assessment to assess how many drivers will adopt Valley Mill as their eastbound route to avoid rush hour traffic on Berryville Turnpike. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use will increase that difficulty. We do see that the Walgreens Generalized Development Plan contemplates an additional left turn lane from Valley Mill Road onto Berryville Turnpike, and think that will be of benefit to us. However, we do not think it will ease the difficulty of left turns out of Dowell J. Howard Center. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville Turnpike intersection. We also see the proposed entrance on Dairy Corner Place, but think that this entrance will not completely offset the change in driver behavior we anticipate. Thank you for working with us and the opportunity to comment. Thanks Wayne Kenneth Wayne Lee, Jr. CZA Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. 0. Box 3508 Winchester, VA 22604-2546 leew@frederick.kl2.va.us (office) 540-662-3889 x88249 (fax) 540-662-4237 (cell) 540-533-3745 (direct connect) 187*51*10627 0 IV. AGENCY COMMENTS 0 11 0 Michael L. Bryan 9 Court Squire 2" Floor Winchester, VA I� 070018868 THIS DEED, made and dated this 14te day of December, 2007, by and between FIRST BANK, a Virginia banking institution, hereinafter called the Grantor; and ]EASTSIAE HOLDINGS, L.L.C., a Virginia limited liability company, hereinafter called the Grantee. NOW, THEREFORE WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property, to -wit: PARCEL A: All that certain lot or parcel of land, together with all rights, rights of way, improvements and appurtenances theretunto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, containing 1.7640 acres, lying and being situate just south of Berryville Pike (Virginia State Route 7) on the east side of Valley Mill Road, designated as Parcel 30 on that certain Boundary Survey dated December 3, 2002, drawn by Michael M. Artz, L.S., a copy of which is attached to and made a part of that certain Deed dated April 11, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 030008041; and being the same land acquired by First Bank by the aforesaid Deed dated April 11, 2003, of record in the aforesaid Clerk's Office as Instrument No. 030008041. Reference is hereby made to the instruments and the references therein contained for a more particular description of the Property herein conveyed. Tax Map No: 54F-A-30 PARCEL B: All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the south side of Dairy Comer Place (Va, Rte. 659), containing 24,660 square feet, and more particularly described as Parcel "A" on that certain "Boundary Survey of Six Parcels" dated December 3, 2002, drawn by Michael M. Artz, L.S., a copy of which is attached to and made a part of that certain Deed dated April 28, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 030009796; and being the same lands acquired by First Bank by the aforesaid Deed dated April 28, 2003, of record in the aforesaid Clerk's Office as Instrument No. 030009796. Reference is hereby made to the instruments and die references therein contained for a more particular description of the Property herein conveyed. Tax Map No.: 54F-3-A PARCEL C: All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the south side of Dairy Corner Place (Va. Rte. 659), containing 16,578 square feet, and more particularly described as Parcel "AI-1" on that certain "Boundary Survey of Six Parcels" dated December 3, 2002, drawn by Michael M. Artz, L.S., a copy of which is attached to and made a part of that certain Deed dated April 28, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 030009796; and being the same lands acquired by First Bank by the aforesaid Deed dated April 28, 2003, of record in the aforesaid Clerk's Office as Instrument No. 030009796. Reference is hereby made to the instruments and the references therein contained for a more particular description of die Property herein conveyed. Tax Map No.: 54F-3-Al 0 0 0 Michael L. Bryan 9 Court Square 2' Moor Winchester, VA PARCEL D: All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the south side of Dairy Corner Place (Va. Rte. 659), containing 665 square feet, more particularly described as Parcel "A1-2" on that certain "Boundary Survey of Six Parcels" dated December 3, 2002, drawn by Michael M. Artz, L.S., a copy of which is attached to and made a part of that certain Deed dated April 28, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 030009796; and being the same lands acquired by First Bank by the aforesaid Deed dated April 28, 2003, of record in the aforesaid Clerk's Office as Instrument No. 030009796. Reference is hereby made to the instruments and the references therein contained for a more particular description of the Property herein conveyed. Tax Map No.: 54F-3-A2 PARCEL E: All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Redbud Magisterial District, Frederick County, Virginia, fronting on the eastern side of Valley Mill Road (Va. Rte, 659) and the southern side of Dairy Corner Place (Va. Rte. 659) containing 11,112 square feet, designated as Parcel 9 on that certain Boundary Survey dated December 3, 2002, drawn by Michael M. Artz, L.S., a copy of which is attached to and made a part of that certain Deed dated April 16, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 030008039; and being the same lands acquired by First Bank by the aforesaid Deed dated April 16, 2003, of record in the aforesaid Clerk's Office as Instrument No. 030008039. Reference is hereby made to the instruments and the references therein contained for a more particular description of the Property herein conveyed. Tax Map No.: 54F-1-9 PARCEL F: All of that certain lot or parcel of land fronting on the eastern side of Valley Mill Road (Va. Rte. 659) and the southern side of Dairy Comer Place (Va. Rte. 659) containing 4,785 square feet, designated as Parcel 9A on the aforesaid Boundary Survey dated December 3, 2002, drawn by Michael M. Artz, L.S., a copy of which is attached to and made a part of that certain Deed dated April 16, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 030008039; and being the same lands acquired by First Bank by the aforesaid Deed dated April 16, 2003, of record in the aforesaid Clerk's Office as Instrument No. 030008039. Reference is hereby made to the instruments and the references therein contained for a more particular description of the Property herein conveyed. Tax Map No.: 54F-1-9A This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstituW or republish any restrictions of record that may have expires orlapsed. • Michael L. Bryan 9 Court Square 2" Floor Winchester, VA l0 WITNESS the following signature and seal: co FIRST BANK B . (SEAL) Its• STATE OF VIRGINIA, AT LARGE, CITY/CY OF to -wit: The foregoing instrument was acknowledged before me, a Notary Pub 'c in and for the State and Jurisdiction aforesaid, this / day of December, 2007 by `5. �5m �*,D as e of First Bank. My Commission expires: 1-31 — a0/) . NOTAR PUBLIC ► TE C. 1p'�., THIS INSTRUMENT PREPARED BY: •.•`�J••""•• •'��' gam' Michael L. Bryan, Esquire r7Di0iO4 :"� " * Bryan &Coleman, P.L.C. 9 Court Square, 2nd Floor MYtON :,•.,/-3,;?•; Winchester, Virginia 22601 �'�.,�yjy .'TM1. q�p`� MLWP— cTcedjuug Buk,p PwW& HoWmp 12113,07 VIRGINIA: FREDERICK COUNTY.SCI: This instrument of writing was produced to me on �°�• / at 3-7 `Jm and with certificate acknrn%;cd,_cmcnt the eto annexed was admitted to record. 'fas imposed by Sec. 58.1-802 of and 58, I -Sol have been paid, if assessable, 4c',t /9"'_� , Clerk • VI. TAX TICKET • ViewDetail • Page 1 of 1 is Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 105260001 FRQ: 1 Sup#: 0 Name. EASTSIDE HOLDINGS LLC Account#: 15088 Name 2: Map#: ,54F A 30 Address: PO BOX 31 Description: 1.76 ACRES WINCHESTER VA Bill Date: 20080605 22604 Due Date: 06/05/2008 Land: $44.000. Improve: Use: Original Bill: $115.50 Payments: $115.50- Acres: 1.76 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/09/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction it Amount Balance 6/5/2008 Charge 0 $115.50 $115.50 6/9/2008 Payment 24216 ($115.50) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co. frederick.va.us/ApplicationsIREPubliclnquiry/ViewDetail. aspx 9/5/2008 C� V iewDetail 0 0 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 105270001 FRQ: 1 Sup#: 0 Name. EASTSIDE HOLDINGS LLC Account#: 15093 Name 2: Map#: 54F 1 9 Address:. PO BOX 31 Description:..28 ACRE WINCHESTER,A 22604 nail Tlatn• 20080605 il„P natP• 06/05/2008 Land: Original Bill: Penalty Paid: Page 1 of 1 $35,000 Improve: $77,800 Use: $296.10 Payments: $296.10- Acres: 0.28 Int Paid: Amount Owed: Other: Last Date: 06/09/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction 9 Amount Balance 6/5/2008 Charge 0 $296.10 $296.10 6/9/2008 Payment 24216 ($296.10) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.uslApplications/RE,PubliclnquirylViewDetail.aspx 9/5/2008 • • ViewDetail • 0 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 105290001 FRQ: 1 Sup#: 0 Name: EASTSIDE HOLDINGS LLC Account#: 15096 Name 2: Map#: 54F 3 A Address: PO BOX 31 Description:,. 57 ACRE WINCHESTER VA 22604 Bill Date: 20080605 Due Date: 06/05/2008 Land: Original Bill: Penalty Paid: $45,000 Improve: $481.17 Payments: Int Paid: $138,300 Use: $481.17- Acres: Page 1 of 1 0.57. Amount Owed: Other: Last Date: 06/09/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not he posted at this time. Please check the website again. Date Type Transaction 4 Amount Balance 6/5/2008 Charge 0 $481.17 $481.17 6/9/2008 Payment 24216 ($481.17) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co. frederick.va.uslApplications/REPubliclnquirylViewDetail.aspx 9/5/2008 ViewDetail 0 Page I of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 105300001 FRQ: 1 Sup#: 0 Name. EASTSIDE HOLDINGS LLC Account#: 15097 Name 2: Map#: .54F 3 Al Address: PO BOX 31 Description: .38 ACRE WINCHESTER VA 22604 Bill Date:.20080605 Due Date: 06/05/2008 Land: $44,500 Improve: $66,700 Use: Original Bill: $291.90 Payments: $291.90- Acres: 0.38 Penalty Paid:, Int Paid: Amount Owed: Other: Last Date: 06/09/2008 Total Owed:. Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website aizain. Date Type Transaction 9 Amount Balance 6/5/2008 Charge 0 $291.90 $291.90 6/9/2008 Payment 24216 ($291.90) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co.frederick.va.us/Applications/RE PublicInquiry/ViewDetail.aspx 9/5/2008 • 0 ViewDetail • • Page I of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 105280001 FRQ: 1 Sup#:'0 Name: 'EASTSIDE HOLDINGS LLC Account#:'27610 Name 2: Map#: 54F 1 9A Address: PO BOX 31 Description::.10 ACRE MINCHESTER VA 22604 Bill Date: 20080605 Due Date: 06/05/2008 Land: $1,200 Improve: Use: Original Bill: $3.15 Payments: $3.15- Acres: 0.10 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/09/2008 Total Owed:Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $3.15 $3.15 6/9/2008 Payment 24216 ($3.15) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederiek.va.us/Applications/REPubliclnquiry/ViewDetai1.aspx 9/5/2008 ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 105310001 FRQ: 1 Sup#: 0 Name: EASTSIDE HOLDINGS LLC Account#: 41347 Name 2: Map#: 54F 3 A2 Address: PO BOX 31 Description:,. 02 WINCHESTER VA 22604 Bill Date: 20080605 Due Date: 06/05/2008 • Land: $500 Improve: Use: Original Bill: $1.32 Payments: $1.32- Acres: 0.02 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/09/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction It Amount Balance 6/5/2008 Charge 0 $1.32 $1.32 6/9/2008 Payment 24216 ($1.32) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous hops://taxes.co.frederick.va.us/Applications/RE Pub IicInquiry/ViewDetail.aspx 9/5/2008 • V. SURVEY PLAT & D u COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: September 17, 2009 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #12-08 for Walgreens-Dairy Corner. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd 01 Red Leaf Development & Investments Assoc. P.O. Box 10655 Towson, NM 21285 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 D-F& updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended 5y 79Y o3-a9 0 N a y N N N • 0 A ; .-. U to c�a�3k* v, env x ave use 9ve Yes e 4 ct 9 oe t �e5 ti't�� aN ce WNC'Nt�°n ceet� of tees 901c,eXQ Co e b,Uedb`1 � aate,99as�tet p► to Fteaet 4 O'$ Pti26� in°�esl5�o1665.56° tees va os a �@oo. `Ceov to5 .� �e OR' �� t pCe� 9 a2`� � � ��4e r • • ` eas ��, ea aVS ea,a • • r i Gov be °{{es`°ca�m • • • • �lO� �`, �d to aooaay S may e�'�5 • • ` tgA e fie' I CK COUNTY ab°`� {ova••••.•`G���eon� ILLIAM ORNDOFF, JR tiX •,.• IC��Sa�,gJ�e�abet'e�. BOX 225 • « •Ceti sent v+teage es •• �1''1 eSkW INCHESTER VA 22604-0225 • VO4aSe�aie�e5`°$ Jg'Oegg 1 alctec<<5po/of°� SIGN DEPOSITS PLANNING used tine S,�oat�te PLANNING Date : 11/24/2008 Register: JKH/LKHS2 Trans. #: 51141 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 b j Pd Y PLANNING Check 21357.00 # VARIOUS j BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 11/2008 f� 1� ■ V t t '01 REZONING 1)11111 II: 111 ARING 1liliiu�ii .III fill 665-5651 0 LI L, 1 0 2'.JJ Wxo' { , 1 ,4 l 54r-A -3 Adjoining Property Owners Rezoning TO:BARBARA-DATA PROCESSING Owners of property adjoining the land will be notified of the 1 FROM:BEV - Planning Dept. of Supervisors meetings. For the purpose of this application, : Please Zpri t sets of I b a 1 © THANKS! abutting the requested property on the side or rear or any , _ _t _._ right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: David and Svetlana Burns 1675 Fort Braddock Street Property #: 54-A-112Q, 54-A-112D AND 54-A-112P Winchester, VA 22601 Name: 220 Seafood Restaurant, LLC 238 Hanging Tree Road Property #: 54-A-112C Winchester, VA 22603 Name: Win, LLC 1100 Fifth Ave S, Ste 210 Property #: 54-A-99E Naples, FL 34102 Name: Frederick County School Board PO Box 3508 Property #: 54-A-114 Winchester, VA 22604 Name: Ariosto and Maria Sorto 1 Country Club Drive Property #: 54F-1-7, 54F-1-3 and 54-1-5 Leesburg, VA 20175 Name: State Highway PO Box 2249 Property #: 54F-A-30A Staunton, VA 24402 Name: Willie and Angela Shoemaker 286 Huntersridge Drive Property #: 54F-1-8 Winchester, VA 22602 Name: Betty Garrett 147 Dowell J. Circle Property #: 54F-1-6 Winchester, VA 22602 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property #. Name: Property #: Zvi �o-g C)/A)C+t�S W- V�- \,�6 b� w S REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: % I /�o � REQUESTED COMPLETION DATE: �-=ZtO e Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write addit � ono iL MAP_s DIGITAL: �APER: F SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UPIDELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: information on back of request) E-MAIL. �j HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5 65 1) NOV 2 1 2008 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Candice Mark Dana Eric M John Amber COMMENTS: INITIALS DATE & TIME dk- i�° J/ l2 /�o � Received by Clerical Staff (Date & Time): �c I o U:\Pam\Common\Document Approval Form.wpd