Loading...
HomeMy WebLinkAbout003-09 Rev. Walgreens-Dairy Corn - 3.1 RP to B2, .9 B2 to B2 - Red Bud - Backfile (2)0 m v N 4 >~ �o cr 0 U ) U a •�a�o3� RECEIVED TRESS � 30 KQ- `. U ck I O(oS DATE 1/ a V O b NO i- E jruzat—y"l mb aIo,rs 067.2 ❑FOR RENT n 1^) ❑FOR _�J5 Y�y�riCl cLG2� WW (i OOMS AMT. OF ACCOUNT CASH AMT. PAID CHECK BALANCE DUE MONEY ORDER BY DATE RECEIVED FROM ADDRESS J ❑FOR RENT ❑ FOR OFCASH 7AMT UNTPAID -7!!! CHECK BALANCE MONEY DUE ORDER No. 1143 i,, V A 7 Z. L- 4- cu� - DOLLARS $ 5 9 0 '" �I BY REZONING TRACKING SHEET Check List: Application Form Proffer Statement �— Impact Analysis Adjoiner List ✓ Fee & Sign Deposit Deed Plat/Survey �— Taxes Paid Statement 0 File opened Js 6 Reference manual updated/number assigned S Q D-base updated S 0 Copy of adjoiner list given to staff member for verification S Color location maps ordered from Mapping Application Action Summary updated (o Planning Commission Meeting ACTION: - —419'o�oarcrof Supervisors Meeting /4g ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers 9113 kq Approval (or denial) letter mailed to applicant/copy to file and cc's g Reference manual updated D-base updated Application Action Summary updated q File given to Mapping to update zoning map /v� v Zoning map amended Sys ID 4 M � C(cc)pnU COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 13, 2009 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING #03-09, WALGREENS — DAIRY CORNER PLACE PINS: 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2 AND A PORTION OF 54-A-112C Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 12, 2009. The above -referenced application was approved to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District, totaling four acres, with proffers, for Commercial Uses (pharmacy and general commercial uses proffered). 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, in the Red Bud Magisterial District. The proffer statement, dated September 4, 2008, with final revision date of June 29, 2009, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, T'J Michael T. Ruddy Deputy Planning Director MTR/bad Attachment cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Eastside Holdings, LLC, PO Box 31, Winchester, VA 22604 220 Seafood Restaurant, LLC, 238 Hanging Tree Rd., Winchester, VA 22603 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION 403-09 WALGRE ENS -DAIRY CORNER PLACE Staff Report for the Board of Supervisors Prepared: August 3, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Planning Commission: 12/17/08 06/17/09 Board of Supervisors: 07/22/09 08/12/09 Action Tabled by Applicant Recommended approval Tabled by the Board of Supervisors Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, for a total of 4 acres with proffers, for commercial uses (pharmacy and general commercial 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. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/12/09 BOARD OF SUPERVISORS MEETING: Following the Board of Supervisors Public Hearing, the Board postponed action on this request to allow the Board additional time to evaluate the request. During the meeting, the Board of Supervisor's discussion revolved around the fiiture use of Dairy Corner Place and level of service concerns on the adjacent roads and intersections. The Application has not been modified since the 07/22/09 Board of Supervisors meeting. The previously offered executive summary and staff conclusion for the Board's 07/22/09 meeting remains valid and is as follows: EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/22/09 BOARD OF SUPERVISORS MEETING: This application to rezone six entire parcels and a portion of an additional parcel, totaling 4 acres, fiom the RP (Residential Performance) District and existing B2 (Business General) to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. There was discussion among Commission members regarding the left -turn lane for Dowell J. Howard Vocational -Technical Center and the improvements along Valley Mill Road. The Applicant provided a revised final proffer statement dated June 29, 2009 which addressed the recommendations of the Planning Commission. The following concern identified during the review of the application remains. • 0 Rezoning #03-09 — Wal greens-D airy Corner Place August 3, 2009 Page 2 • The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service is not fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site and would typically be required through the development of the site. Additional consideration of off -site improvements to Valley Mill Road may be warranted as noted in the staff report. • Rezoning #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 12/17/08 06/17/09 Board of Supervisors: 07/22/09 08/12/09 Action Tabled by Applicant Recommended approval Tabled by the Board of Supervisors Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres, with proffers, for commercial uses (pharmacy and general commercial 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: 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 and a portion of 54-A-112C. PROPERTY ZONING: RP (Residential Performance) / B2 (Business General) PRESENT USE: Residential/Vacant/Former Restaurant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) South: RP (Residential Performance) East: B2 (Business General) RP (Residential Performance) West: RP (Residential Performance) B2 (Business General) Use: Winchester Gateway Commercial Use: Residential/Dowell J. Howard Use: Commercial (220 Seafood) Residential Use: Residential Residential Rezoning #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 4 REVIEW EVALUATIONS: Frederick County Transportation: Please see additional remaining Frederick County Transportation Comments provided by Mr. John Bishop on page 7 of this report: 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 satisfied that the transportation proffers offered in the Walgreens-Dairy Corner Place rezoning revised application dated May 6, 2009 addresses transportation concerns associated with this request. 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 enviromnental 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. Department of Inspections: No comments at this time. Comments 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 • Rezoning #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 5 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 date from Rode7-ick B. Williams, C011771y Attorney. PlanninjZ Department: Please see attached Memo dated November 20, 2008 from Michael T. Ruddy, AICP, Deputy Planning Director. PlanninIz & Zoninjz: 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 09/04/02 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. The additional 0.9 acres that was added to this rezoning application is depicted on the original Frederick County Zoning map (USGS Winchester Quadrangle) with the B2 (Business General) District. Please note that this application is a new version of RZ12-08 which was previously heard by the P1amling Commission on December 17, 2008 and subsequently tabled for an unspecified period of time based upon a request by the Applicant. The Applicant officially withdrew RZ12-08 to proceed with RZ03-09 which supersedes the original application. This new application, RZ03- 09, is substantially different in that it includes the additional property (0.9 acres) mentioned above. • Rezoning #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 6 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. 14] Land Use The property is within the UDA and S W SA 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 enhanced 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 Corner 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. To that end, this revised application does not propose an additional commercial entrance on to Route 7 but rather uses the existing Martin Drive entrance onto Route 7 currently providing access to the commercially zoned property that was formerly the home of the 220 Seafood Restaurant. 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 full and improved commercial entrance onto Route 7 at its existing intersection with Martin Drive. This is the entrance to the former 220 Seafood property. This revised access to the site, which includes an internal access road connecting the sites two points of access, will provide a better approach to site access and circulation and will improve an existing commercial entrance to current VDOT Standards. r I Rezoning #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 7 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 Drive through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. One point of inter parcel connectivity has been addressed which would provide access to the Burns property. Pedestrian acconunodations 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. It is suggested that existing Dairy Corner Place could be used as a hiker biker trail. This has merit. However, some additional modifications to the points where Dairy Place Corner intersects with Martin Drive and Valley Mill Road may be necessary. 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 determine 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 necessmy to achieve an acceptable level ofservice. 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 #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 8 The closure of Dairy Corner Place 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. It was noted previously that it would be desirable to provide for additional improvements on Valley Mill Road in the vicinity of this site. This could be done in two ways: 1) by extending the improvements back to existing Martin Drive, and 2) by providing an offsetting left turn on Valley Mill Road at the projects entrance which would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. 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 was originally considered with this request. It was previously stated that 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. With this revised application, the applicant has eliminated any monetary contribution aimed at mitigating the broader transportation impacts of this request on the area transportation network. Additional Remaininiz Frederick County Transportation Comments: • Staffwould 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. • 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 recentpharmacy 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. 0 • Rezoning #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 9 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 frilly 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. The proposed placement of street trees could be further enhanced with additional plantings and distance. This application has provided for additional street tree planting along the properties' road frontages. In addition, an exhibit has been proffered which generally guides the design materials and elevation of the proposed pharmacy 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 community 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 June 29, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through May 22, 2009) for the site. The GDP .shows a frill entrance on Martin Drive and a frill entrance on Valley Mill Road. The internal access road connecting the two entrances is shown. 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. The GDP is used to identify the general location of the additional street trees. B) Land Use The Applicant has stated that they intend to develop the property with up to 15,000 square feet of pharmacy use and up to 10,000 square feet of other B2 uses on the property. The Applicant has restricted the other B2 uses to prohibit gasoline service stations, convenience stores, and fast food restaurants. This generally remains consistent with the TIA. 0 • Rezoning #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 10 C) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the southeast corner of the site. Further, the general location of the internal street connection is identified. 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 eliminated the proffered $10,000 contribution for future transportation improvements within the general vicinity of the property. Previously, it was stated that 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. This comment remains valid. The Applicant has proffered to close the existing access from Dairy Place Corner to Valley Mill Road. The Applicant has proffered to design the future closure of Dairy Place Corner to be utilized as a Luker/biker trail along the property frontage with Route 7/Dairy Confer Place. Dairy Corner Place should be modified if it is to be used as such a facility, particularly where it connects with Valley Mill and Martin Drive and such modification should be done with the redevelopment of this site. 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. • Rezoning #03-09 — Walgreens-Dairy Conger Place August 3, 2009 Page 1 I STAFF CONCLUSIONS FOR THE 06/17/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Easter 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 how this application addresses the off -site impacts. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not fully recognized. Additional corridor enhancement elements such as landscaping and distance should be provided. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/17/08 MEETING: Two citizens spoke during the public comment portion of the hearing. The first citizen was concerned about the appearance of entrances into historic Winchester and believed standards dealing with architectural design, roof styles, and types and sizes of buffers, etc., should be considered besides solely transportation issues. The other citizen was concerned about how the proposed rezoning may affect a commercial property on Dairy Corer Place that his family owned and was trying to sell. The P1amling Staff provided the background information and report. The County's Transportation Planner reviewed VDOT's 1998 Transportation Plan for this area, which called for the removal of the traffic signal on Route 7 and closure of the access point between Valley Mill and Route 7. He talked about the County's most recent update of the Eastern Road Plan, dated November 2006, which showed the realignment of Valley Mill with Gateway Center as the new access point to Route 7 from Valley Mill Road. He also pointed out a potential traffic conflict at the shared entrance with the 220 Seafood site. In addition, there were questions about the adequacy of the monetary proffer as compared with another recently approved pharmacy in the County. Furthermore, it was noted that the Comprehensive Policy Plan advises not to impose more traffic on situations where there are congested roadways. Commission members questioned whether two entrances were necessary for this site. Staff was primarily opposed to the second entrance on Dairy Corner Lane. They suggested the applicant work on a better solution, possibly in conjunction with the owners of the 220 Seafood site or with the Burs property on the other side. The applicant reviewed their proffers with the Commission which included a ten -foot right-of-way dedication along Valley Mill Road; an additional turn lane at the Route 7 intersection; a dedicated left - turn lane for traffic going east -bound on Valley Mill into the site; and improvements required by VDOT at the Martin Drive right -in, right -out. The applicant said he was quite familiar with VDOT's 1998 I-81 Plan; he said VDOT had suggested a cash proffer, rather than specific road improvements. The applicant described the details of their methodology for calculating their cash proffer and believed the amount of their proffer exceeded the amount recommended by the Comprehensive Policy Plan. The • Rezoning #03-09 — Walgreens-Dairy Corner Place August 3, 2009 Page 12 applicant stated if staff is suggesting their proffer was inadequate, the staff should provide direction on a methodology to calculate the amount based on the Comprehensive Policy Plan and the TIA. Members of the Commission stated they could not support the rezoning request with a proposed entrance on Dairy Corner Place. Commissioners expressed concerns about safety with that entrance and, in addition, it was inconsistent with the County's long-range planning. The VDOT representative said VDOT preferred the entrance off of Valley Mill Road. A member of the Commission also had concerns with some of the terminology used in the language of the proffer statement and he spoke with applicant about possible revisions. The applicant said he could not revise the language in the proffer or agree to eliminate the second entrance without first consulting with the principals at Walgreens. The applicant requested the rezoning application be tabled for 45 days so that he could meet with the principals at Walgreens to determine if they would accept only one entrance for this site or if the applicant could work out an agreement with the adjoining property owners. By a unanimous vote, the Planning Commission accepted the applicant's request to table consideration for 45 days. (Note: Commissioners Mohn, Watt, and Ours were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/17/09 MEETING: The applicant presented a revised GDP showing the closure of access to Dairy Corner Place and the proposed new internal access road with a commercial entrance on Valley Mill Road and use of the existing 220 Seafood connection to Route 7. The applicant described their proposed lane improvements on Valley Mill Road, the pedestrian connection, and street trees along Valley Mill Road and Route 7. The applicant noted that due to the significant costs of purchasing the additional property and constructing the internal access road, they eliminated the $10,000 cash proffer offered with the earlier version of the plan. In addition, they've eliminated the high -trip generators from the uses and are simply offering 10,000 square feet of retail with proffers. Members of the Commission commented that along with the applicant's new commercial entrance on Valley Mill Road and their proposed lane improvements, including a left -turn lane into their site, they would have preferred to see the applicant extend those improvements further back toward Martin Drive. An additional 200 feet of pavement would provide the ability to have a left -turn lane into Dowell J. Howard Vocational -Technical Center in order to offer a safe left -turn movement for buses and student traffic. In addition, Commissioners commented that this area was a highly -visible and well -traveled section of Route 7 and they would be in favor of eliminating street trees if the applicant would provide building design guidelines for the commercial uses going in with the Walgreens. Rezoning #03-09 — Walgreens-Dairy Corner Place July 13, 2009 Page 13 The Deputy Director -Transportation was supportive of the changes to the entrance because of the serious transportation concerns with the entrance directly onto Dairy Coiner Place. From a transportation perspective, he was not too concerned about the extra square footage requested; however, he was supportive of the change to add a left -turn lane into Dowell J. Howard Vocational -Technical Center. Frederick County Public Schools (FCPS) representative, Mr. Wayne Lee, agreed the left -turn lane into Dowell J. Howard Vocational-Teclulical Center would be helpful; however, some of their concerns were offset by the applicant proffering out the traffic -intensive uses. One remaining issue for F CPS would be buses making left turns out of Dowell J. Howard and the east -bound traffic on Valley Mill Road. There were no citizen comments. There was discussion among Commission members that the left -turn lane for Dowell J. Howard Vocational-Teclnlical Center should be able to be addressed when the other properties come into play. Commissioners preferred the applicant present building design guidelines when the rezoning is considered by the Board of Supervisors. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. (Note: Commissioners Mohn and Thomas were absent from the meeting.) STAFF CONCLUSION FOR THE 07/22/09 BOARD OF SUPERVISORS MEETING: This application to rezone six entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District and existing B2 (Business General) to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. There was discussion among Commission members regarding the left -turn lane for Dowell J. Howard Vocational -Technical Center and the improvements along Valley Mill Road. The Applicant provided a revised final proffer statement dated June 29, 2009 which addressed the recommendations of the Planning Connnission. The following concern identified during the review of the application remains. • The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service is not fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site and would typically be required through the development of the site. Additional consideration of off -site improvements to Valley Mill Road may be warranted as noted in the staff report. Rezoning #03-09 — Walgreens - Dairy Corner Place August 3, 2009 Page 14 BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 07/22/09 MEETING: The Board of Supervisors discussion revolved around the future use of Dairy Corner Place, which will be closed off, however the county will have the ability to use this road in the future as a pedestrian or bike facility, and level of service concerns. Chairman Shickle asked if a level of service was determined prior the proposed new traffic. Deputy Director Ruddy responded yes. The intersections will be level of service D once the improvements are made. Currently, the intersections level of service E and F. Deputy Director Bishop advised that Valley Mill Road is currently level of service E and F with the improvements, but once the background traffic is put in the level of service F. He went on to say the proposed improvements only address Valley Mill Road and the level of service there does improve from level of service E and F to level of service D. The Applicant's representative, Ron Mislowsky, Patton Harris Rust & Associates, appeared before the Board. He stated the application originally was to rezone only 3 acres, but the Planning Commission did not like that proposal. He noted that under the revised proposal at left turn lane was being added at Valley Mill Road and Route 7. He went on to say the applicant tried to concentrate on providing the best impact they could. This proposal contains 15,000 square feet of pharmacy and 10,000 square feet of other retail. Mr. Mislowsky noted the applicant has proffered out convenience store and fast food restaurant uses. He stated the proposed commercial building would look like the proposed Walgreens' building. A bike trail would be provided along Valley Mill Road and Dairy Corner Place would be improved as a hike/bike trail. He went on to say the applicant originally included a $10,000 transportation proffer, but with the construction of the new road and purchase of additional property that proffer could not be maintained. He concluded by saying the applicant planned to have the store opened in 2010. There were no citizen comments during the public hearing Supervisor Lemieux apologized to the applicant that he had made an error in the location of this property and as a result was not prepared to approve the application. He went on to say he would like to table this request until the next meeting so he can have an opportunity to re-evaluate the application. Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board postponed the Rezoning until the August 12, 2009 meeting. The Application has not been modified since the 07/22/09 Board of Supervisors meeting. Walgreens v !. , Future Rt17 Bypass 9 Application ssr / Urban Deselopment Area A \o SWSA BI (Business, Neighborhwd District) - MR] (Mobile Home Cummunit) District) B2 (Business. General Dislrist) - MS (Medical Support District) Bl (Business. IndmtriA Transition DLstrict) f" RJ (Residential Planned Communits District) - EM (Estractise Manufacturing District) RS (Residential Recreational Community District) - HE (Higher Education District) RA(Rural Area District) - MI (Industrial, Light District) RP (Residential Performance District) 0 100 200 400 Feet x ` t. t>w .A ne . r/z 710 9 e • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount Paid $ 11 , Zoning Amendment Number Date Received S' PC Hearing Date/->/i7Af—(,/" BOS Hearing Date /�J 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: (540) 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 Name: 220 Seafood Restaurant, LLC Telephone: Address: 238 Hanging Tree Road Winchester. VA 22603 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 1 5. The Code of Virj4inia 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 220 Seafood Restaurant 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 conger 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, 54F-3-A1, 54F-3-A2, and portion of 54-A-112C. 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 B2 0.9 B2 B2 4.0 Total acreage to be rezoned 4 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) loiowledge. Applicant(s) � z - =f - �-� =—El— Datc /Z 3 • • Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Plaiming 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 infonnation 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-113 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 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: Winchester Land Holdings LLC 1625 Apple Blossom Dr Property#: 54-A-99L Winchester, VA 22601 Name: 220 Seafood Restaurant, LLC 238 Hanging Tree Road Property#: 54-A-112A Winchester, VA 22603 Name: Jack Johnson et als 115 Firelock Ct Property#: 54-5-10 Winchester, VA 22602 Name: Barbara Ganse 238 Hanging Tree Road Property #: 54-A-111 Winchester, VA 22603 Name: Bertha Sherman 217 Valley Mill Rd Property#: 541-1-1 Winchester, VA 22602 Name: Commonwealth of Virginia P.O. Box 2249 Property#: 54-A-110A Staunton, VA 24402 Name: Bruce and Wanda Miller 1037 Front Royal Pike Property#: 54-A-112F Winchester, VA 22602 4 Name: CCD Capital Investments P.O. Box 31 Property#: 54-A-112G Winchester, VA 22604 Name: Harry Hamilton 113 Plainfield Dr Property#: 54-A-112M Winchester, VA 22602 Name: Eric and Margo Lassiter 13974 Blazer Lane Property#: 54-A-112N Lovettsville, VA 20180 Name: Eddie and Anita Farmer 1818 Valley Avenue Property#: 54-A-1120 Winchester, VA 22601 C Special Limited Power of Attorney • '` County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Eastside Holdings, LLC (Phone) 540.450.0142 (Address) P.O. Box 31, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 070018868 and is described as Tax Map Parcel 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 fI dress) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with firll power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. �f/t �� In witness th=,/ ereto set my (our) hand and seal this day of -200- c , Signature(s)/0 /2 `171 State ofVir Via City/ ounty of ���//%� �� To -wit: I ' l(t'(� �/) � ��2(Z�ti �a Notary Public in and for the jurisdiction aforesaid, cerff)y that the person(s) who signed to the foregoing instrument personally appeared before me and a acknowledged the same before me in the jurisdiction aforesaid this C01i Y day pf %�. % 200 �l ut �L�L My Commission Expires: 1����-j ��` 1 &ary ublic Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) 220 Seafood Restaurant LLC (Phone) (Address) 238 Hanging Tree Rd, Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book: 862 Page: 1298 and is described as Tax Map Parcel 54-A-112C Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereoff,,�I (we) have hereto set my (our) hand and seal this � � ? day of iY/ ��`' , 200,�, Signature(s) �� P� " vtx ' State of Virginia, `City/County of r r' �o s- C `L ,To -wit: I, U _ `t c' � d e-P_ l rD -­� a S S a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this Z z day of tl AA ( 200 t,t x, 1r My Commission Expires: v `" c)o I" Notnry Public �L 3co� oq 3 0 0 REZONING APPLICATION 903-09 WALGRE ENS -DAIRY CORNER PLACE Staff Report for the Board of Supervisors Prepared: July 13, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Plamling Director Reviewed Action Planning Commission: 06/17/09 Recommended approval Board of Supervisors: 07/22/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, for a total of 4 acres with proffers, for commercial uses (pharmacy and general commercial 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. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/22/09 BOARD OF SUPERVISORS MEETING: This application to rezone six entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District and existing B2 (Business General) to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. There was discussion arnong Commission members regarding the left -turn lane for Dowell J. Howard Vocational -Technical Center and the improvements along Valley Mill Road. The Applicant provided a revised final proffer statement dated June 29, 2009 which addressed the recommendations of the Planning Commission. The following concern identified during the review of the application remains. The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service is not fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately oil or adjacent to the site and would typically be required through the development of the site. Additional consideration of off -site improvements to Valley Mill Road may be warranted as noted in the staff report. Rezoning #03-09 — Walgreens-Dairy Queen Place July 13, 2008 Page 2 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: 06/17/09 Recommended approval Board of Supervisors: 07/22/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres, with proffers, for commercial uses (pharmacy and general commercial 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 Ill NUMBERS: 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 and a portion of 54-A-112C. ROPERTY ZONING: RP (Residential Performance) / B2 (Business General) PRESENT USE: Residential/Vacant/Former Restaurant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) South: RP (Residential Performance) East: B2 (Business General) RP (Residential Performance) West: RP (Residential Performance) B2 (Business General) Use: Winchester Gateway Commercial Use: Residential/Dowell J. Howard Use: Commercial (220 Seafood) Residential Use: Residential Residential Rezoning 903-09 — Walgreens-Dairy Queen Place July 13, 2009 Page 3 REVIEW EVALUATIONS: Frederick County Transportation: Please see additional remaining Frederick County Transportation Connnents provided by Mr. John Bishop on page 7 of this report: 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 satisfied that the transportation proffers offered in the Walgreens-Dairy Corner Place rezoning revised application dated May 6, 2009 addresses transportation concerns associated with this request. 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 enviromnental 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 acconunodate 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 storrwater 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. Department of Inspections: No conuhhents at this time. Conunents 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 Rezoning #03-09 — Walgreens-Dairy Corner Place July 13, 2009 Page 4 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 conunent. Winchester Rel4ional Airport: It is determined that the proposal will not impact operations at the Winchester Airport. Frederick County Attorney: Please see attached letter date _from Roderick B. Williams, County Attorney. Plannin14 Department: Please see attached Memo dated November 20, 2008fi-0777Michael T. Ruddy, AICP, Deputy Planning Director. PlanninIz & 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 Cormmission recommended denial of this request at their 09/04/02 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. The additional 0.9 acres that was added to this rezoning application is depicted on the original Frederick County Zoning map (USGS Winchester Quadrangle) with the B2 (Business General) District. Please note that this application is a new version of RZ12-08 which was previously heard by the Planning Commission on December 17, 2008 and subsequently tabled for an unspecified period of time based upon a request by the Applicant. The Applicant officially withdrew RZ12-08 to proceed with RZ03-09 which supersedes the original application. This new application, RZ03- 09, is substantially different in that it includes the additional property (0.9 acres) mentioned above. Rezoning #03-09 — Walgreens-Dairy Queen Place July 13, 2009 Page 5 1) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the connnunity's guide for making decisions regarding development, preservation, public facilities and other key components of connnunity life. The primary goal of this plan is to protect and improve the living enviromnent 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 connnercial 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 enhanced 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 1-81 interchange may need to use some part of the existing VDOT right of way of Dairy Corner Place in the future. Placing additional improvements in this right of way in support of the commmercial development may compromise the ability to make needed improvements in the future. To that end, this revised application does not propose an additional commercial entrance on to Route 7 but rather uses the existing Martin Drive entrance onto Route 7 currently providing access to the commercially zoned property that was formerly the home of the 220 Seafood Restaurant. 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 full and improved commercial entrance onto Route 7 at its existing intersection with Martin Drive. This is the entrance to the former 220 Seafood property. This revised access to the site, which includes an internal access road cormecting the sites two points of access, will provide a better approach to site access and circulation and will improve an existing commercial entrance to current VDOT Standards. 0 0 Rezoning #03-09 — Walgreens-Dairy Queen Place July 13, 2009 Page 6 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 cormection from Martin Drive through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. One point of inter parcel connectivity has been addressed which would provide access to the Burns property. 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. It is suggested that existing Dairy Corner Place could be used as a hiker biker trail. This has merit. However, some additional modifications to the points where Dairy Place Corner intersects with Martin Drive and Valley Mill Road may be necessary. 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 detennine 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 theApplicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level ofservice. Not all of these improvements will be in place and not all improvements are being provider. 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 #03-09 — Walgreens-Dairy Queen Place July 13, 2009 Page 7 The closure of Dairy Place Corner in the marmer 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. It was noted previously that it would be desirable to provide for additional improvements on Valley Mill Road in the vicinity of this site. This could be done in two ways: 1) by extending the improvements back to existing Martin Drive, and 2) by providing an offsetting left turn on Valley Mill Road at the projects entrance which would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. 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 was originally considered with this request. It was previously stated that 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. With this revised application, the applicant has eliminated any monetary contribution aimed at mitigating the broader transportation impacts of this request on the area transportation netivork. Additional Remaining Frederick County Transportation Comments: • Staff would reiterate that the comprehensive plan emphasizes that additional traffic should not be introduced to areas n)here it is not being mitigated. We mould note that much of the transportation being proffered ivould 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. • Staff ivould 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 leas 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 903-09 — Walgreens-Dairy Queen Place July 13, 2009 Page 8 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. The proposed placement of street trees could be further enhanced with additional plantings and distance. This application has provided for additional street tree planting along the properties road frontages. In addition, an exhibit has been proffered which generally guides the design materials and elevation of the proposed pharmacy D. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that con-mlercial uses generally provide a positive impact on community 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 May 22, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through May 22, 2009) for the site. The GDP shows a fiill entrance on Martin Drive and a full entrance on Valley Mill Road. The internal access road connecting the two entrances is shown. 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 continents identified in the staff report. It may be prudent to provide more specificity on important elements such as landscaping, buffering, and site layout. The GDP is used to identify the general location of the additional street trees. B) Land Use The Applicant has stated that they intend to develop the property with up to 15,000 square feet of pharmacy use and up to 10,000 square feet of other B2 uses on the property. The Applicant has restricted the other B2 uses to prohibit gasoline service stations, convenience stores, and fast food restaurants. This generally remains consistent with the TIA. 0 • Rezoning #03-09 — Walgreens-Daily Queen Place July 13, 2009 Page 9 C) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the southeast corner of the site. Further, the general location of the internal street connection is identified. 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 ivith 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 eliminated the proffered $10,000 contribution for future transportation improvements within the general vicinity of the property. Previously, it was stated that 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 plamled long range transportation improvements are no closer to being designed, secured, and implemented. This comment remains valid. The Applicant has proffered to close the existing access from Dairy Place Corner to Valley Mill Road. The Applicant has proffered to design the future closure of Dairy Place Corner to be utilized as a hikeribiker trail along the property frontage with Route 7/Dairy Corner Place. Dairy Corner Place should be modified if it is to be used as such a facility, particularly where it connects with Valley Mill and Martin Drive and such modification should be done with the redevelopment of this site. 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. Rezoning 903-09 — Walgreens-Dairy Queen Place July 13, 2009 Page 10 STAFF CONCLUSIONS FOR THE 06/17/09 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 how this application addresses the off -site impacts. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not fully recognized. Additional corridor enhancement elements such as landscaping and distance should be provided. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/17/08 MEETING: Two citizens spoke during the public comment portion of the hearing. The first citizen was concerned about the appearance of entrances into historic Winchester and believed standards dealing with architectural design, roof styles, and types and sizes of buffers, etc., should be considered besides solely transportation issues. The other citizen was concerned about how the proposed rezoning may affect a conunercial property on Dairy Corner Place that his family owned and was trying to sell. The Planning Staff provided the background information and report. The County's Transportation Planner reviewed VDOT's 1998 Transportation Plan for this area, which called for the removal of the traffic signal on Route 7 and closure of the access point between Valley Mill and Route 7. He talked about the County's most recent update of the Eastern Road Plan, dated November 2006, which showed the realigmnent of Valley Mill with Gateway Center as the new access point to Route 7 from Valley Mill Road. He also pointed out a potential traffic conflict at the shared entrance with the 220 Seafood site. In addition, there were questions about the adequacy of the monetary proffer as compared with another recently approved pharmacy in the County. Furthermore, it was noted that the Comprehensive Policy Plan advises not to impose more traffic on situations where there are congested roadways. Corrnnission members questioned whether two entrances were necessary for this site. Staff was primarily opposed to the second entrance on Dairy Corner Lane. They suggested the applicant work on a better solution, possibly in conjunction with the owners of the 220 Seafood site or with the Burns property on the other side. The applicant reviewed their proffers with the Commission which included a ten -foot right-of-way dedication along Valley Mill Road; an additional turn lane at the Route 7 intersection; a dedicated left - turn lane for traffic going east -bound on Valley Mill into the site; and improvements required by VDOT at the Martin Drive right -in, right -out. The applicant said he was quite familiar with VDOT's 1998 I-81 Plan; he said VDOT had suggested a cash proffer, rather than specific road improvements. The applicant described the details of their methodology for calculating their cash proffer and believed the amount of their proffer exceeded the amount recommended by the Comprehensive Policy Plan. The Rezoning #03-09 — Walgreens-Dairy Queen Place July 13, 2009 Page 11 applicant stated if staff is suggesting their proffer was inadequate, the staff should provide direction on a methodology to calculate the amount based on the Comprehensive Policy Plan and the TIA. Members of the Conunission stated they could not support the rezoning request with a proposed entrance on Dairy Corner Place. Connnissioners expressed concerns about safety with that entrance and, in addition, it was inconsistent with the County's long-range planning. The VDOT representative said VDOT preferred the entrance off of Valley Mill Road. A member of the Conunission also had concerns with some of the terminology used in the language of the proffer statement and he spoke with applicant about possible revisions. The applicant said he could not revise the language in the proffer or agree to eliminate the second entrance without first consulting with the principals at Walgreens. The applicant requested the rezoning application be tabled for 45 days so that he could meet with the principals at Walgreens to determine if they would accept only one entrance for this site or if the applicant could work out an agreement with the adjoining property owners. By a unanimous vote, the Planning Commission accepted the applicant's request to table consideration for 45 days. (Note: Commissioners Mohn, Watt, and Ours were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/17/09 MEETING: The applicant presented a revised GDP showing the closure of access to Dairy Corner Lane and the proposed new internal access road with a commnercial entrance on Valley Mill Road and use of the existing 220 Seafood connection to Route 7. The applicant described their proposed lane improvements on Valley Mill Road, the pedestrian connection, and street trees along Valley Mill Road and Route 7. The applicant noted that due to the significant costs of purchasing the additional property and constructing the internal access road, they eliminated the $10,000 cash proffer offered with the earlier version of the plan. In addition, they've eliminated the high -trip generators from the uses and are simply offering 10,000 square feet of retail with proffers. Members of the Commission commented that along with the applicant's new commercial entrance on Valley Mill Road and their proposed lane improvements, including a left -turn lane into their site, they would have preferred to see the applicant extend those improvements further back toward Martin Drive. An additional 200 feet of pavement would provide the ability to have a left -turn lane into Dowell J. Howard Vocational -Technical Center in order to offer a safe left -turn movement for buses and student traffic. In addition, Commissioners connnented that this area was a highly -visible and well -traveled section of Route 7 and they would be in favor of eliminating street trees if the applicant would provide building design guidelines for the commercial uses going in with the Walgreens. 0 9 Rezoning 903-09 — Walgreens-Dairy Queen Place July 13, 2009 Page 12 The Deputy Director -Transportation was supportive of the changes to the entrance because of the serious transportation concerns with the entrance directly onto Dairy Corner Place. From a transportation perspective, he was not too concerned about the extra square footage requested; however, he was supportive of the change to add a left -turn lane into Dowell J. Howard Vocational-Teclulical Center. Frederick County Public Schools (FCPS) representative, Mr. Wayne Lee, agreed the left -turn lane into Dowell J. Howard Vocational -Technical Center would be helpful; however, some of their concerns were offset by the applicant proffering out the traffic -intensive uses. One remaining issue for FCPS would be buses making left turns out of Dowell J. Howard and the east -bound traffic on Valley Mill Road. There were no citizen continents. There was discussion among Conunission members that the left -turn lane for Dowell J. Howard Vocational -Technical Center should be able to be addressed when the other properties come into play. Commissioners preferred the applicant present building design guidelines when the rezoning is considered by the Board of Supervisors. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. (Note: Commissioners Mohn and Thomas were absent from the meeting.) STAFF CONCLUSION FOR THE 07/22/09 BOARD OF SUPERVISORS MELTING: This application to rezone six entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District and existing B2 (Business General) to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. There was discussion among Commission members regarding the left -turn lane for Dowell J. Howard Vocational -Technical Center and the improvements along Valley Mill Road. The Applicant provided a revised final proffer statement dated June 29, 2009 which addressed the recommendations of the Planning Commission. The following concern identified during the review of the application remains. • The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service is not fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site and would typically be required through the development of the site. Additional consideration of off -site improvements to Valley Mill Road may be warranted as noted in the staff report. ELI -- .. I _ - .F. 4 +;, M�'-��yf, ,fit �a„►.yl';,�, Ii cu_-� I • /l.ilf.� _ 0 I I I I 3 , - - - - ---------- klg a� �(\N Z Y J o q ° 0 v- b �\/� � � � N TN j N O gL x 7o ncN n //7 Proposed70� % / o . V�oO O Inter -Parcel Vdj - Con lion '}►`mot. V 7% z x -. _. 2 i f 10' HIKER B KER TRAILJ\ � � CL w Proposed \ \ nuance LJ J CL LLJ W uj 1 ' /PROPOL/ INTERNAL a L LI ACCES ROAD \ Q 1 TM 54X-A-30 ' t Existing:, RP Existing. RP STREET TREES — Proposed: B2, Proposed: 82 W r \ CL TV 54-A-112C (Port on) � S Existmg; ffi 1 W Proposed 82 / TM 54� l-9♦ LI� o / TM, 54F 3-A / Existing RP y 1 I Y Existing: RP Proposed: B2 ...\ / Proposed: B2 / - I Existing: RP - - , istin RP 11 La Proposed: 82 ExTN-1-9A Proposed: 82 0 an oz nt_ �yyyyS' 3.Sf,96SLN ��$$ din / 00 3.6gaZ 9N }' i2' } n + 0O Z ACN o CORNER PLACE BE CLOS o~ .M COo (3 q,scse N DAIRY _ ,i9'Lz �� 3 a __ACCESS TO BE CLOSED m GR.4PH/CSCALE 0 o a VIRGINIA ROUTE 7 — BERRYVILLE PIKE - W p i Z Z Y O y U G N • 0 iT Vo P pcsed Inter - Parcel \' s Connection 7� 10' HNE,R�BIKER TRAIL A V / ProposedV nirance ON / i 1 ZF !Z M 1F l \ S \ a PROPO ED,INTERNAL t/ ACCESS ROAD i \ i TY 54F-3 Al TM 54P-A-30 Existing: RP Existing: RP STREET TREES \ \ t Proposed: 82... �P Propp ed: B2 \ a 54-A- .'C (P-twn) i TM 54F-.l-l I TM54F-3 A - �_ �� Existing: RPg yam/ t / Existing; RP Proposed: B2 I roposed: B2 777AMMA��� 1 t ' T54,-.3-A2.. t Existing RP TM 54F 1-gA II• Proposed. B2 ... _ - .Existing RP:' Proposed: 82,' , IX 1 VIRGINIA ROUTE 7 — BERRYVILLE PIKE 5A ACCESS BE CLOSED u II GRAPH/CSCALE JO IS 0 JO 60 ��n Jo rr 00 O Q O + 04 O X II = o a a �N 0 m m X � � o p I Z Y Z N i REZONING APPLICATION #03-09 WALGRE ENS -DAIRY CORNER PLACE Staff Report for the Planning Commission Prepared: June 1, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/17/09 Pending Board of Supervisors: 07/22/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, for a total of 4 acres 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. Please note that this application is a new version of RZ12-08 which was Previously heard by the Planning Commission on December 17, 2008 and subsequently tabled for an unspecified period of time based upon a request by the Applicant. The Applicant officially withdrew RZ12-08 to proceed with RZ03-09 which supersedes the oril4inal application. This new application, RZ03-09, is substantially different in that it includes additional property. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/17/09 PLANNING COMMISSION MEETING: This application to rezone five entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The following items which relate to the impacts associated with this request should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service does not appear to be fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site. Additional consideration of improvements to Valley Mill Road may be warranted as noted in the staff report. • Additional corridor enhancement elements such as landscaping and distance should be provided. Rezoning #03-09 — Walgreens-Dairy Queen Place June 1, 2008 Page 2 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: 06/17/09 Pending Board of Supervisors: 07/22/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres, 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: 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 and a portion of 54-A-112C. PROPERTY ZONING: RP (Residential Performance) / B2 (Business General) PRESENT USE: Residential/Vacant/Former Restaurant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) South: RP (Residential Performance) East: B2 (Business General) RP (Residential Performance) West: RP (Residential Performance) B2 (Business General) Use: Winchester Gateway Commercial Use: Residential/Dowell J. Howard Use: Commercial (220 Seafood) Residential Use: Residential Residential Rezoning #03-09 — Walgreens-Daily Queen Place June 1, 2008 Page 3 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 satisfied that the transportation proffers offered in the Walgreens-Dairy Corner Place rezoning revised application dated May 6, 2009 addresses transportation concerns associated with this request. 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 enviromnental 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. Department of Inspections: No comments at this time. Comments 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. Rezoning #03-09 — Walgreens-Daiiy Corner Place June 1, 2009 Page 4 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 date from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated November 20, 2008 from 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. The additional 0.9 acres that was added to this rezoning application is depicted on the original Frederick County Zoning map (USGS Winchester Quadrangle) with the B2 (Business General) District. 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 • 0 Rezoning #03-09 — Walgreens-Dairy Queen Place June 1, 2008 Page 5 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 commercial 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 enhanced 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 fixture 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 1-81 interchange may need to use some part of the existing VDOT right of way of Dairy Corner 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. To that end, this revised application does not propose an additional commercial entrance on to Route 7 but rather uses the existing Martin Drive entrance onto Route 7 currently providing access to the commercially zoned property that was formerly the home of the 220 Seafood Restaurant. 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 full and improved commercial entrance onto Route 7 at its existing intersection with Martin Drive. This is the entrance to the former 220 Seafood property. Please recognize that this revised application no longer proposes indirect access onto the site via Dairy Corner Place. It was previously noted that the existing entrance at Martin Drive and Dairy Place Corner was inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provided a significant point of conflict for any additional commercial traffic. The revised access to the site, which includes an internal access road connecting the sites two points of access, will provide a better approach to site access and circulation and will improve an existing commercial entrance to current VDOT Standards. Rezoning #03-09 — Walgreens-Dairy Queen Place June 1, 2008 Page 6 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 Drive through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. One point of inter parcel connectivity has been addressed which would provide access to the Burns property. 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. It is suggested that existing Daily Corner Place could be used as a hiker biker trail. This has merit. However, some additional modifications to the points where Dairy Place Corner intersects with Mai -tin Drive and Valley Mill Road may be necessary. 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 determine 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 #03-09 — Walgreens-Dairy Queen Place June 1, 2008 Page 7 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. It was noted previously that it would be desirable to provide for additional improvements on Valley Mill Road in the vicinity of this site. This could be done in two ways: 1) by extending the improvements back to existing Martin Drive, and 2) by providing an offsetting left turn on Valley Mill Road at the projects entrance which would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. 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 was originally considered with this request. It was previously stated that 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. With this revised application, the applicant has eliminated any monetary contribution aimed at mitigating the broader transportation impacts of this request on the area transportation network. Additional Remaining Frederick County Transportation Comments: • Staffwould 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. • Staff would note that the significant concentration of attached housing nearby would indicate 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. • 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. 0 0 Rezoning #03-09 — Walgreens-Dairy Queen Place June 1, 2008 Page 8 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. The proposed placement of street trees could be further enhanced with additional plantings and distance. 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 community 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 Sheriffs purposes. 4) Proffer Statement — Dated September 4, 2005 with latest revision May 22, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through May 22, 2009) for the site. The GDP shows a frill entrance on Martin Drive and a full entrance on Valley Mill Road. The internal access road connecting the two entrances is shown. The location of a potential location for inter parcel comlections 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 pharmacy use and up to 10,000 square feet of other B2 uses on the property. The Applicant has restricted the other B2 uses to prohibit gasoline service stations, convenience stores, and fast food restaurants. This generally remains consistent with the TIA. • 0 Rezoning #03-09 — Walgreens-Dairy Queen Place June 1, 2008 Page 9 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. Street trees have been identified on the GDP. C) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the southeast corner of the site. Further, the general location of the internal street connection is identified. 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 Hill 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 eliminated the proffered $10,000 contribution for future transportation improvements within the general vicinity of the property. Previously, it was stated that 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 This comment remains valid The Applicant has proffered to close the existing access from Dairy Place Corner to Valley Mill Road. The Applicant has proffered to construct a ten foot 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. Dairy Corner Place should be modified if it is to be used as such a facility, particularly where it connects with Valley Mill and Martin Drive. 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. Rezoning #03-09 — Walgreens-Dairy Queen Place June 1, 2008 Page 10 STAFF CONCLUSIONS FOR THE 06/17/09 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 how this application addresses the off -site impacts. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not fully recognized. Additional corridor erihancement elements such as landscaping and distance should be provided. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/17/08 MEETING: Two citizens spoke during the public comment portion of the hearing. The first citizen was concerned about the appearance of entrances into historic Winchester and believed standards dealing with architectural design, roof styles, and types and sizes of buffers, etc., should be considered besides solely transportation issues. The other citizen was concerned about how the proposed rezoning may affect a commercial property on Dairy Corner Place that his family owned and was trying to sell. The Planning Staff provided the background information and report. The County's Transportation Planner reviewed VDOT's 1998 Transportation Plan for this area, which called for the removal of the traffic signal on Route 7 and closure of the access point between Valley Mill and Route 7. He talked about the County's most recent update of the Eastern Road Plan, dated November 2006, which showed the realignment of Valley Mill with Gateway Center as the new access point to Route 7 from Valley Mill Road. He also pointed out a potential traffic conflict at the shared entrance with the 220 Seafood site. In addition, there were questions about the adequacy of the monetary proffer as compared with another recently approved pharmacy in the County. Furthermore, it was noted that the Comprehensive Policy Plan advises not to impose more traffic on situations where there are congested roadways. Commission members questioned whether two entrances were necessary for this site. Staff was primarily opposed to the second entrance on Dairy Corner Lane. They suggested the applicant work on a better solution, possibly in conjunction with the owners of the 220 Seafood site or with the Burns property on the other side. The applicant reviewed their proffers with the Commission which included a ten -foot right-of-way dedication along Valley Mill Road; an additional turn lane at the Route 7 intersection; a dedicated left - turn lane for traffic going east -bound on Valley Mill into the site; and improvements required by VDOT at the Martin Drive right -in, right -out. The applicant said he was quite familiar with VDOT's 1998 I-81 Plan; he said VDOT had suggested a cash proffer, rather than specific road improvements. The applicant described the details of their methodology for calculating their cash proffer and believed the amount of their proffer exceeded the amount recommended by the Comprehensive Policy Plan. The Rezoning #03-09 — Walgreens-Dairy Queen Place June 1, 2008 Page 11 applicant stated if staff is suggesting their proffer was inadequate, the staff should provide direction on a methodology to calculate the amount based on the Comprehensive Policy Plan and the TIA. Members of the Commission stated they could not support the rezoning request with a proposed entrance on Dairy Corner Place. Commissioners expressed concerns about safety with that entrance and, in addition, it was inconsistent with the County's long-range planning. The VDOT representative said VDOT preferred the entrance off of Valley Mill Road. A member of the Commission also had concerns with some of the terminology used in the language of the proffer statement and he spoke with applicant about possible revisions. The applicant said he could not revise the language in the proffer or agree to eliminate the second entrance without first consulting with the principals at Walgreens. The applicant requested the rezoning application be tabled for 45 days so that he could meet with the principals at Walgreens to determine if they would accept only one entrance for this site or if the applicant could work out an agreement with the adjoining property owners. By a unanimous vote, the Planning Commission accepted the applicant's request to table consideration for 45 days. (Note: Commissioners Mohn, Watt, and Ours were absent from the meeting.) Following the required public hearing, a recommendation regarding 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. Ap 4 V 'DA \ Y. VY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 November 10, 1998 Richard Pifer 31 South Braddock Street Winchester, Virginia 22601 RE: Martin Drive Proposed Subdivision Dear Richie: After a preliminary review of the above referenced project, I would offer the following comments: 1. Martin Drive will need to be constructed to State standards, and dedicated to the County for acceptance into the State Road System. My preliminary discussions with Steve Melnikoff of VDOT revealed that minimum standards would apply to this street. In particular, Martin Drive would need to be provided with a 40-foot right-of-way, 18-foot wide paved surface (SM-2A), and shoulder and ditch. 2. Sidewalks will need to be provided along the property's limits on Valley Mill Road. 3. The subdivision design plan will be reviewed by both the Planning Commission and the Board of Supervisors. The subdivision application, review fee, and the required review agency comments should be submitted to the Planning Department prior to scheduling the subdivision for review by the Commission and the Board. Please contact me with any comments. Sinc ely, Eric R. Lawrence, AICP Zoning Administrator U:\ERIC\COMMON\SUBDIVIS\MARTIN-1.WPD 107 North Kent Street • Winchester, Virginia 22601-5000 1 � II i .�, � S•� t � � \� O � �\� // ,\fit• SECr1oty rwo { 'Jv , 5�,��\� / % CC1 ^'P21AL NE/GNTS SUSD,'V1510N `� �' 4 e — `� �'• v' SCALE iv'J sy7 I a . V9'io , P.-72 J3Ol I ` Ao♦ e. \ fo am V#morwd I I t r C � � �,i .. � a~e '� it ``�a � \ 0` �v� •��• ice_. t ,\ �,6 i \yw'las p 5,cth 3� io r 30 03 d \ Ai 02 1 � a � z3Ja3e'33 z' �f'.tlS' \ , Y \ -�-= i ll. / .C� .ibN� .. /� \ ,TJI` i '�.:, ?�• r: /?��`.r ScCrioN r BYO S£CT/Oiy rwo CO(,OIUAL HEIGH7'5 SJBD,'VISION SCALE /"_ gip' ve 54 N LOT 2J 4\ 8, 5,16 p q ro Ar r7km rwd Lo i 29 11,6420 \ LOT 30 19,035 Z I /.3 �� �� ram, .. � • `O , I { ?' ''Cry to;ter/ ; wo .•Is! ,YTS 5;;9D.�"'�'%Ut: SCAL E ! "- 50' f W JSHar r Z Of' X It Uv al�J G 2N ��Z COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 November 10, 1998 Richard Pifer 31 South Braddock Street Winchester, Virginia 22601 RE: Martin Drive Proposed Subdivision Dear Richie: After a preliminary review of the above referenced project, I would offer the following comments: 1. Martin Drive will need to be constructed to State standards, and dedicated to the County for acceptance into the State Road System. My preliminary discussions with Steve Melnikoff of VDOT revealed that minimum standards would apply to this street. In particular, Martin Drive would need to be provided with a 40-foot right-of-way, 18-foot wide paved surface (SM-2A), and shoulder and ditch. 2. Sidewalks will need to be provided along the property's limits on Valley Mill Road. 3. The subdivision design plan will be reviewed by both the Planning Commission and the Board of Supervisors. The subdivision application, review fee, and the required review agency comments should be submitted to the Planning Department prior to scheduling the subdivision for review by the Commission and the Board. Please contact me with any comments. Sinc ely, Eric R. Lawrence, AICP Zoning Administrator UAERIC\COMMON\SUBDIVIS\MARTIN- I.WPD 107 North Kent Street • Winchester, Virginia 22601-5000 CAMBRIDGE ,s=; CORPORATION00 01 RICHARD W. PIFER (540) 662-2300 (540)667-3131 31 S. BRADDOCK ST. FAX (540) 722-2225 WINCHESTER, VIRGINIA 22601 III Jill 11 o� O o �O L11 m ru w r+ m w O r i p o r r D _ N O Ln I� IWAM FORM 46BOBO Frederick County Department of Planning & Development 107 N. Kent Street Ste 202 Winchester'VA 22601 0 0 PX) `o f' ' CAMENDMEN O Action: PLANNING COMMISSION: June 17, 2009 - Recommended Approval BOARD OF SUPERVISORS: August 12, 2009 U APPROVED D DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-09 OF WALGREENS-DAIRY CORNER PLACE WHEREAS, Rezoning #03-09 of Walgreens-Dairy Comer Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers dated September 4, 2008, last revised on June 29, 2009, for Commercial Uses (including a Pharmacy), was considered. 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 Comer Place, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 5417-3- A2 and a portion of 54-A-112C. I WHEREAS, the Planning Conmmission held a public hearing on this rezoning on June 17, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 22, 2009, and a public meeting on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers for Commercial Uses (including a Pharmacy). The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES#-21-09 This ordinance shall be in effect on the date of adoption. Passed this 12th day of August, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRES#-21-09 Gary A. Lofton Aye - --- -- ---- -- - -- -- --A e - -- - Aye -Bill M. Ewrng y Aye Charles S. DeHaven, Jr. Aye" Aye A COPV ATTEST Jo�� l�I�iley;�" Fr rick County Administrator PROPOSED PROFFER STATEMENT RZ R 03-09 Residential Performance (RP) and Business General (132) to Business General (B2) 4.0 acre +/-; Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A 30, 54F-3-A, 54F-3-A1, 54F-3-A2, and portion of 54-A 112C (the "Property') Eastside Holdings, LLC & 220 Seafood Restaurant LLC 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; May 6, 2009; May 22, 2009; June 29, 2009 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 Comer Place" dated September 4, 2008 revised May 22, 2009 (the "GDP"). Site Development Development of the Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. The Property shall be developed in substantial conformance with the GDP. Proffer Statement 0 I* Walgreens - Daisy Corner Place 1.3 Access to Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Ai, 54F-3-A2 from Valley Mill Road shall be limited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 54F-1-9, 54F -1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2, 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 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 &.e GDP prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2. 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 and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building pemnit for Tax Map Parcels 54F-1-9, -54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. 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. In the event of closure, said portion of Dairy Corner Place shall be used as a hiker/biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 5417-3- Al, 54F-3-A2. (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 1.5. Said trail shall be connected to existing Dairy Corner Place. (See 7 on GDP) Page 2 of 6 Proffer Statenier?t 0 &41algreens — Daisy Corner Place 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 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. (See 8 on GDP) 1.12 The Applicant shall provide street trees planted 50' on center along the Property frontage with Valley Mill Road and Dairy Corner Place as depicted on the GDP. Said street trees shall be planted prior to issuance of a certificate of occupancy for anybuilding constructed on Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F- 3-A, 54F-3-A1, 54F-3-A2. 2. Design Standards 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, dryvit or stucco. Additionally, dumpster pad screen walls shall be constructed of the same masonrymaterial(s) used for building construction. 2.2 Site lighting shall utilize full cut-off luminaries. 2.3 All structures erected on the Property shall utilize the same fagade materials in order to promote a cohesive development pattern. 2.4 The design materials and elevation of the proposed pharmacy building shall be in general conformance with the attached exhibit entitled "Walgreens - Dairy Corner Place" dated June 29, 2009. (See Exhibit A) 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A- 30, 54F-3-A, 54F-3-A1, 54F-3-A2. 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. Page 3 of 6 Proffer Statement r 4. Escalator Clause •ff'algreens — Daisy Corner Place 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 followi-rg 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 rezonng 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 4 of 6 Proffer Statement . Respectfully submitted, Eastsi.de Hol gs, C' By s Date: 0 `7 1,iV�6 4 A��� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: effl'algreens — Daisy Corner Place The fore oing inst�� ent was acknowledged before me this 2009, by My commission expires J 2y D 9 Notary Public 3 41 109 J Page 5 of 6 day of Jy �", Proffer- Staten2ent ovalgreens — Dairy Coaxer Place Respectfully subnutted, 220 Seafood Restaurant, LLC By: aq:<Zt�r %tite_r- Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 2009, byA7o.t 4 ` i C1Cn<�e c ttiA 1 n rlxl.tciL' C��r My commission expu-es i Notary Public_ JUDITH=AUGUST31,2011 NOTARY ID NOTARY COMMONWEAL MY COMMISSION EXPI Page 6 of 6 Walgreens — Dairy Corner Place June 29, 2009 Exhibit A • • • 0 AMENDMENT Action: PLANNING COMMISSION: June 17, 2009 - Recommended Approval BOARD OF SUPERVISORS: August 12, 2009 0 APPROVED ILI DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-09 OF WALGREENS-DAIRY CORNER PLACE WHEREAS, Rezoning #03-09 of Walgreens-Dairy Corner Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 09 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers dated September 4, 2008, last revised on June 29, 2009, for Commercial Uses (including a Pharmacy), was considered. 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, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 5417-3- A2 and a portion of 54-A-112C. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 17, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 22, 2009, and a public meeting on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in confornlance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers for Commercial Uses (including a Pharmacy). The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES4-21-09 • This ordinance shall be in effect on the date of adoption. Passed this 12th day of August, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill A Ewing Aye - Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye' Philip A. Lemieux Aye A COPY ATTEST County Administrator PDREM-21-09 L_ J 0 PROPOSED PROFFER STATEMENT REZONING: RZ # 03-09 Residential Performance (RP) and Business General (B2) to Business General (B2) PROPERTY: 4.0 acre +/-; Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, and portion of 54-A 112C (the "Property') RECORD OWNER: Eastside Holdings, LLC & 220 Seafood Restaurant 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; May 6, 2009; May 22, 2009; June 29, 2009 The undersigned hereby proffers that the use and development of the subject property ("Propert/'), 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 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 May 22, 2009 (the "GDP"). 1. Site Development 1.1 Development of the Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement 'lklgreem - Dairy Conner Place 1.3 Access to Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 from Valley NO Road shall be United to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constricted Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, 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 constricted on Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 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 constrict 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2. 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 and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 5417-3-A, 54F-3-Al, 54F-3-A2. 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. In the event of closure, said portion of Dairy Comer Place shall be used as a hiker/biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B 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 Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3- Al, 54F-3-A2. (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 1.5. Said trail shall be connected to existing Dairy Corner Place. (See 7 on GDP) Page 2 of 6 Proffer Slaleinew 0 �algreeiis — Dairy Corner Place 2. 3. 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 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2. (See 8 on GDP) 1.12 The Applicant shall provide street trees planted 50' on center along the Property frontage with Valley Mill Road and Dairy Coiner Place as depicted on the GDP. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F- 3-A, 54F-3-Al, 54F-3-A2. Design Standards 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 constructed of the same masonry material(s) used for building construction. 2.2 Site lighting shall utilize full cut-off luminaries. 2.3 All structures erected on the Property shall utilize the same fagade materials in order to promote a cohesive development pattern. 2.4 The design materials and elevation of the proposed pharmacy building shall be in general conformance with the attached exhibit entitled "Walgreens — Dairy Corner Place" dated June 29, 2009. (See Exhibit A) 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 Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A- 30, 54F-3-A, 54F-3-Al, 54F-3-A2. 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 5417-3-A, 54F-3-Al, 54F-3-A2. Page 3 of 6 Proffer Statement 0 qalgreem — Dairy Corner Place 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 hereui. 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 4 of 6 Proffer Statement Respectfully subnutted, Eastsi.de Ho.; l gs, �Ct By: �4r 1 Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: IlRalgreens — Dairy Corder Place The fore oulg insTent was acknowledged before me this day of �u , 2009, by�(�� My commission expires 2 D U 9 Notary Public 093 Page 5 of 6 Proffer StateAYellt 0 Oalgreeiis — Dairy Corner Place Respectfully submitted, 220 Seafood Restaurant, LLC Date: STATE OF VIRGINIA, AT LARGE FREDERICK- COUNTY, To -wit: The foregoing instrument was aclu-iowledged before me this 1 day of 2009, by 2�Kber4- i C�can' C? czr� c r1-atccc.t C�-r My commission expires Notary Public JUDITH KLINE NOTARY ID # 7093311 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31, 2011 Page 6 of 6 Walgreen.s June 29, 2009 — Dairy Corner Place Exhibit A 0 1140 11 \�✓//l \✓�� 11 `---- i Rm lnter-!�orcd \ �g /; \ 'b Connection J)+J0' 4ERr ,16 TRAIL�� \ , 1; Proposed V • t ! ' \. �i li�� _ —'-r�J l �Entrance `\ i •LC / , , / ! � -� / // ✓ jY. ]`•"a��;=,�F' j j � / � � 1 II I � 1 � � ld DWG. ` t i At -PROP INTERNAL ( I \\ ACCESS ROAD / t 'I \ \ TM 54f-A-30 ' -� Existing' RP Exist'' RP STREET TREES / Pr sed 82 °� ` op° Proposed: B2 ! , f ExistkW 1►1;54F-3-A \Existiig: RP J r /xistina RP / - - - - - 1 Proposed: B2 Roposo: B2 f rl a P Existing: RP \ , _ _ , Tu 54F-1-9A �� / -j Proposed: B2 g: J / J / r/ \ �/ /P-roposed or I09 . DAIRY CO %RNER PLAOE A BE aosm ,_: - .- �� ACCES� TO 5B BE CLOSED O �— VIRGINIA ROUTE 7 - BERRYVILLE PIKE 1 Q J C) Q_ W N /<' W W 0 Z O W J LLJ Ld S �s CL � cc W cc Z N =) (� U O � Y U o 0 W m O Q O + N O fr M = d II o a- ■ a �En GJ9,4PH/CSC4ZE Z X IS 0 .10 60 Q � 7) I 1 iaN �JOR El 0 • PROPOSED PROFFER STATEMENT REZONING: RZ # 03-09 Residential Performance (RP) and Business General (B2) to Business General (B2) PROPERTY: 4.0 acre +/-; Tax Map Parcels 5417-1-9, 5417-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, and portion of 54-A 112C (the "Property') RECORD OWNER: Eastside Holdings, LLC & 220 Seafood Restaurant 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; May 6, 2009; May 22, 2009; June 29, 2009 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 mill 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 May 22, 2009 (the "GDP"). 1. Site Development 1.1 Development of the Property shall be limited to tip to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. 1.2 The Propertyshall be developed in substantial conformance with the GDP. L Proffer Statement *Walgreeiis - Daisy Corder Place 1.3 Access to Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 5417-3-A, 5417-3-A1, 54F-3-A2 from Valley Mill Road shall be limited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, 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 constrict all improvements necessary to provide two left turn lanes and a shared right/thri 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 constricted on Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 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 constrict 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 Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 5417-3-A, 54F-3-A1, 54F-3-A2. 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 and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. 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. In the event of closure, said portion of Dairy Corner Place shall be used as a hiker/biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley Mill Road and Martin Drive (See 5A and 5B 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 Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 5417-3-A, 54F-3- Al, 54F-3-A2. (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 1.5. Said trail shall be connected to existing Dairy Corner Place. (See 7 on GDP) Page 2 of 6 10 Proffer Slalentenl •Walgreens — Dairy Confer Place 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 Prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2, the Applicant shall constrict a private commercial roadway connecting the proposed Valley Mill Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constricted on Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. (See 8 on GDP) 1.12 The Applicant shall provide street trees planted 50' on center along the Property frontage with Valley Mill Road and Dairy Corner Place as depicted on the GDP. Said street trees shall be planted prior to issuance of a certificate of occupancy for any building constricted on Tax Map Parcels 54F-1-9, 5417-1-9A, 54F-A-30, 54F- 3-A, 54F-3-A1, 54F-3-A2. Design Standards 2.1 Any structure erected on the Property shall be constricted 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 masonrymaterial(s) used for building constriction. 2.2 Site lighting shall utilize full cut-off luminaries. 2.3 All structures erected on the Property shall utilize the same facade materials in order to promote a cohesive development pattern. 2.4 The design materials and elevation of the proposed pharmacy building shall be in general conformance with the attached exhibit entitled "Walgreens - Dairy Corner Place" dated June 29, 2009. (See Exhibit A) 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A- 30, 54F-3-A, 5417-3-A1, 54F-3-A2. 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. Page 3 of 6 — 23 A O I 0 rr�� bn 3 I4iI � var-w•te\ f.:„NI > D oe or a sr a � 37t�.7S.7/HdddJ m o _ O N + p0 D 03 1 m O r— m O Z � m M r Z N M r Z 3NId 33lIAA8838 — L 3ino8 VIN1081A----l�l a-= �- k 03SO-0 38 85 01 ,Ss3Ov1 i, \ 03SO10 38 3a did 2i3Nd0� 1 v -01 W33V - I 146 0 /:paSold :6u1It! x3 -x6-1-ltS vu 75'I6'35'E' IJ Ze :pasodadd8 :EILRIS'x3�:� f - - - Zv .ns =� Ze :p.imdold / / !Ze :pasoda,d ` ` da buns v-�- ice \•, ` Ze W dOJd Ze :pasodold 1 ;33M1 MUS m A �418M d8 ,:6u1}s1x3 ru vu/ " avoa L c NN2131N1' © / J ' - /.`/ ^•fro,//Z rj' / r / / ' y'v�ii pasodad �aanrd-ja;ul ' N, I i -OL'Y ' Proffer Statement l t�lgreeiis — Dairy Coy ier Place 4. Escalator Claus 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 4 of 6 0 Pro.pr Statement *Walgreens — Dairy Corner Place Respectfully submitted, EastsiA 3y: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore oing instruent was aclu-iowledged before me this day of Ju 2009, by r��-- My commission expires _�, j,, 2 U U 9 Notary Public 5 (0 1093 Page 5 of 6 Proffer Statennent loWalgreens — Dairy Corner Place Respectfully submitted, 220 Seafood Restaurant, LLC R ,d ,cam. 174,6 tt By: l ip• .?' /`1c►+�b<r' Date: STATE OF VIRGINIA, AT LARGE FREDERICK- COUNTY, To -wit: The foregoing instrument was acluiowledged before me this l a day of 2009, by . ��P.r-1 ` 1 C)C 0S' C at- d .&2 r.ka_ _Gj C�,I �j=e__ My commission expires A I 1 Notary Public JUDITH KLINE NOTARY ID # 7093311 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUGUST 31, 2011 Page 6 of 6 �f '�� �' 1 •� �� Sri �r��� Li' La's-�+�i',1 �' `_ / • / / / /\ \ Spa"\ Inter -Parcel \ / NN Con ytion 9 / 10' HIKER/BIKER TRAILJ\ VI 1 �r9aAf' �0y,! K / t PROPO D, INTERNAL ACCESS ROAD / � TM 54F-3-A1. TM 54F-A-30 t Existing. RP Existing: RP / Proposed: B2,.-^, Proposed: 82 W. Entrance STREET TREES- / 1, \ t } _ t 1 NI TM 54-A-112C (Portion)Existing: 02 t Proposed: 132 TM ; TM 54F 1-9 tt i54(=-3-A / vExisting: RP Existing; RP �II \ �. / Proposed: 82 Proposed: B2 TM W--3-AZ_ r-. A y I Existing: RP g Existing: TM 54F-1-gA RP l / Proposed: 82 _. Proposed:. 82 / i GGG �_ t _-_n 459-- 14P �� PLACE / CORNER ACCESS TO 5B �CLIII VIRGINIA ROUTE 7 - BERRYVILLE PIKE c - ACCESS,TO- BE CLOSED C I� m O 4 a C) N 0- o- O a III a d 3V) �� GRAPH/CSCALE � $ JO /6 0 m 60 Q JO /f I W � �Fo 0 9 PROPOSED PROFFER STATEMENT REZONING: RZ #44--e8- 03 -01 Residential Performance (RP) and Business General (I32) to Business General (132) PROPERTY: 4.0 acre +/-; Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, and portion of 54-A-112C (the "Property") RECORD ONXINER: Eastside Holdings, LLC & 220 Seafood Restaurant 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; May 6, 2009; May 22, 2009 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 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 witlin 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 May 22, 2009 (the "GDP"). 1. Site Development 1.1 Development of the Property shall be limited to up to 15,000 square feet pharmacy and up to 10,000 square feet of any other use permitted in the B2 zoning district, excluding gasoline service stations, convenience stores, and fast food restaurants. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement 0 0'4algreens - Dairy Corner Place 1.3 Access to Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 from Valley Mill Road shall be limited to one entrance in substantial conformance with the location depicted on the GDP. (See 1 on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2, 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. 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 and Martin Drive as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT after issuance of a building permit for Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. 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. In the event of closure, said portion of Dairy Corner Place shall be used as a hiker/biker trail if permitted by VDOT and Frederick County. Additionally, in the event of closure, the Applicant shall design the closure to maintain pedestrian and bicycle access to Valley NO Road and Martin Drive (See 5A and 5B 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 Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3- A1, 54F-3-A2. (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 1.5. Said trail shall be connected to existing Dairy Corner Place. (See 7 on GDP) Page 2of5 Proffer Statement 0 *a1greens — Dairy Corner Place 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 Prior to issuance of a certificate of occupancy for any building constricted on Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, the Applicant shall construct a private commercial roadway connecting the proposed Valley NO Road entrance to the existing Martin Drive intersection at Route 7 as generally depicted on the GDP. The Applicant shall improve the intersection of Martin Drive and Route 7 as required by VDOT for site plan approval prior to issuance of a certificate of occupancy for any building constructed on Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2. (See 8 on GDP) 2. Design Standards 2.1 Any stricture erected on the Property shall be constricted 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. 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 Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A- 30, 54F-3-A, 54F-3-A1, 54F-3-A2. 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 Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2. 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 5 Proffer Statement • Walgreens — Dairy Corner Place SIGNATURES APPEAR ON TIE FOLLOWING PAGES Respectfully submitted, Eastside Date: 5 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To wit: The f9regoin instrum t was acknowledged before me this ZZ day of � , 2009 by �erc�_�t���ass My commission expires Notary Public b�LA . Page 4 of 5 Proffer Statement 0 kalgreens — Dairy Corner Place Respectfully submitted, 220 Seafood Restaurant, LLC By:a Date: -,-)- r ok"-3"( -)-,dCo- STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To wit The forego inglinstrumetlY�was acknowledged before me this 2009, by My commission expires Jul 3 ► a oc Notary Public UX- 3Co I o0t' day of l `a q , Page 5 of 5 Patton Harris Rust fAssoclates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P R+A Winchester, Virginia 22601 T 540.667.2139H F 540.665.0493 To: Organ ization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: cc: Mike Ruddy, AICP Frederick County Plannin Patrick Sowers, AICP May 22, 2009 Walgreens - Dairy Corner Place Rezoning Application 15824-1-0 Memorandum Please find attached the following revised application materials for the Walgreens - Dairy Corner Place Rezoning Application: 1) Cover letter dated May 22, 2009 stating modifications 2) Notarized Proffer Statement dated May 22, 2009 3) GDP dated May 22, 2009 (full size version and 40 copies of an 11x17 version) 4) Notarized POA for 220 Seafood Restaurant LLC 5) Revised application including the 220 Seafood parcel and updated adjoiners 6) Deed and Plat for 220 Seafood Restaurant parcel (TM 54-A 112P 7) Revised VDOT comment dated May 8, 2009 8) Tax receipt for TM 54-A 112C If you have any questions or would like to discuss, please feel free to call me at (540) 667-2139. MAY 2 2 2009 Patton Harr"i� Rust & Associates L J Engineers. Surveyors Planners lairdsrsipar Aichltects- MAY22�� May 22, 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 P- ,� Hl Dear Mike: Please find attached revised application materials for the Walgreens - Dairy Corner Place rezoning application (RZ 12-08) including a revised GDP and Proffer CORPORATE: Statement dated May 22, 2009. We have made several modifications to the proffer Channll, package and GDP since the initial presentation to the Planning Commission at their December 17, 2008 meeting to address concerns associated with the transportation VIRCWIA or,ICES, C hantill., system proposed as part of the initial application. The Planning Commission Charlottesville expressed a desire to remove the proposed connection to Dairy Corner Place to Fredericksburg ensure that the intersection of Martin Drive and Dairy Corner Place does not Harrisonburg become an unsafe intersection. Leesburg Ne,,, o,1 Ne,-, s My client has entered into a contract with the adjacent property owner, 220 Seafood N rfoik Restaurant LLC, to purchase 0.9 acres of the existing B2 zoned parcel identified as W mchestei Woodbndge TM 54-A-112C which is located where Martin Drive/Dairy Corner Place/Route 7 intersect. The addition of this acreage has enabled my client to remove any LABORATORIES. connection to Dairy Corner Place and then improve upon the transportation concept Chantilly Fredericksburg by proffering to construct a commercial roadway from the proposed entrance on Valley Mill Road as a through connection to the existing intersection of Martin Drive MARYLAND OFFICES. and Route 7. This improvement is shown on the revised GDP. The road a,lt m ,rr u b improvement triggers are tied to a certificate of occupancy on the 3.1 acres that Frederick comprised the initial rezoning proposal. The newly added 0.9 acres of existing B2 Gerrnantowr, property has also been incorporated into the proffer to guarantee that the total site, Hollywood now 4.0 acres, will not exceed 15,000 square feet of pharmacy and 10,000 square feet Hunt valley of other B2 uses except for gas stations, convenience stores, and fast food Williamsport restaurants which have been proffered out as potential uses. The new floor area PENNSYLVANIA OFFICE proffer differs slightly from the previous proffer in that the 10,000 square feet that is Allentown in addition to the pharmacy area is no longer limited to office uses which was the use T 540 667 2139 modeled in the TIA. This modification is justified by the fact that the application F 540 665 0493 now includes an additional 0.9 acre of existing un-proffered B2 property. By adding 117 East Piccadilly Street this existing B2 area to the application and making it subject to the proffered floor Suite 200 area and use conditions, we are effectively limiting the development and resulting Winchester, VA traffic generation possible for the area. 22601 0 0 Walgreens — Dairy Corner Place May 22, 2009 Page 2 of 2 The constricted improvements proposed along the Valley Mill Road frontage remain unchanged from the previous proffer and will address both project generated trips as well as issues caused by existing traffic and background traffic on Valley NO Road. Additionally, the Applicant has now proffered to close Dairy Corner Place between Martin Drive and Valley Mill Road. This will enable Dairy Corner Place to act as a hiker/biker trail along the Route 7 road frontage. To compensate for some of the additional expense associated with acquiring the adjacent 0.9 acres and constricting the roadway from Valley NO Road to the intersection of Martin Drive and Route 7, the Applicant has removed the $10,000 proffer for transportation purposes. We look forward to presenting these revised materials to the Planning Commission RA at the June 17 meeting. Please feel free to contact me at (540) 667-2139 should you PH have any questions. Sincerely, Patton -Harris Rust & Associates Patrick R. Sowers Enclosure 0 FRED1 RICK Cost N IN (11_1� In 0 n&-.dq SANITATION AUTHORITY 1'.0. li,1\ I N77 \\ indK-4er. \ \ 22(4I-1 177 ROBt.R I I'. \tO\\ I RN . ( .1'. \.. ( hair•m,ur I ��, 1 . \\cin lcl. VA I I \ I \C. 17rr-( hab'1aaa l r i:+rrr /N;i, rrr itt( it \RI) \. RI ( h\I \\. 1'.I .. \,•,-frraNwer I. `I 1\1.1 \ l R( K F I I 11h. (540)XoS-I0ol \\ \1 1 rR (. ( I \\I\(,I1 \\I October 25, 2010 1 a\ (,-►u) w,x-1421) Red -Leaf — Dairy Corner, LLC OC co Mr. Robert E. Statkeiwicz n� P.O. Box 10655� 4� Towson MD 21285-0655 REFERENCE: SUBJECT: Dear Mr. Statkeiwicz: Walgreens at Dairy Corner Bill of Sale Enclosed for your files is a copy of the recorded Bill of Sale for the referenced project. You will be responsible for repair to these facilities for one year following the date of our acceptance. Thank you for working on this project with us. Sincerely yours, Lj4j U�Vl q, Tashema L. Long/for John G. Whitacre Senior Engineer /tl l Enclosure cf. Frederick County Zoning Administrator i nr.T272010 \1 A 1 11: \ I ) 01'12 SI:R ICV 0 40 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 Walgreens, 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 4 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 Dairy Place Comer 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 I-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 fiontage 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 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 1-81 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 on with this request relative with the scale of this request. Pedestrian accommodations should be provided in a coordinated manner 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 comments 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 • 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 Certificate of occupancy on the first buih�lgb(Proffer ided)prorffer 1.9 to site llan approval to pears to be the exception. In this case, all easements P insure that the improvements shown on the site plan can be provided. Monetary contributions to offset the impact of development shProffer ld b sho de prioruld be revised issuance of the first building permit for the pi , Y accordingly. This proffer statement provides for a 25,000 square foot commercial development which would include a pharmacy with drive to ensure they are r onetary contributions aimlative ed to offset the impact of development should be arefully evaluated 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 kdown of the sq�iue footage of the uses drive through window. There i e foono t pharmacy an ld 0 000 square feet of medical off -ice The TIA models a 15,000 square p uses. This should be considered when evaluating the impacts of this request and the proffer statement. at are ecessary to Based upon the above scenario Not all IA describes of these improvements improvements been place and achieve an acceptable level of service. 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. on the property to I would suggest an evaluation of the existing the tore treest. It would be desirable to preserve any can be incorporated into the designe such examples if possible in particular, along the Route 7 frontage. Additional comments rovided b lYir. John Bisho 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 through closure curent Dairy configurationrner a due Valley to potential ilbut cannot support the entrance conflicts between the ultimate user of the 220 site and this site. A more long \J 0 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 comments are adequately addressed. Attachments MTR/bad • 0 COUNTY ®f FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 November 5, 2008 E-mail: rwillia@co.frederick.va.us 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 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 bging 2 rivht_in/ri`a'ht r entrance. 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 wb and appropriate for this specific development, as it is my underst� done by staff and the Planning Commission. Sincerely, &di ilY County Attorney cc: Michael T. Ruddy, AICP, Deputy Director, Department c Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 2 117 East Piccadilly Street PH l + l Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy, AICP Organization/Company: Frederick County Planning From: Patrick Sowers Date: November 21, 2008 Project Name/Subject: Walgreens — Dairy Corner Place Rezoning Application PHR+A Project file Number: 15824-1-0 cc: Please find attached the following application materials for the Walgreens — Dairy Corner Place Rezoning Application: 1) Signed Application 2) Notarized POA 3) Impact Statement 4) Notarized Proffer Statement dated November 21, 2008 5) Generalized Development Plan dated October 23, 2008 (40 Copies) 6) 40 copies of each color exhibit 7) Application fee in the amount of $10,360.00 I have also attached a response letter to your comment letter dated November 20, 2008. Additionally, per your request, the following is a list of comments from review agencies that are not directly addressed in the application materials as well as a brief justification for why they have not been directly addressed. Frederick County Public Schools 1) The school comment regarding the rezoning is that they are concerned that development generated traffic will exacerbate a current problem with buses leaving the Dowell J. Howard Center turning left onto Valley Mill Road. The bus exit for Dowell J. Howard is located east of the proposed site entrance on Valley Mill Road. As such, any trips that will be leaving the site and heading east on Vally Mill Road would be trips that would have been headed that direction regardless (i.e. someone stops at Walgreens on the way home to the Windstone development). The development will not be sending any additional trips in front of the bus exit for Dowell J. Howard. We have discussed this point with Public Schools but th y have chosen to keep the comment in place. 0 Patton Harris Rust & Associates VDOT 0 Memorandum Page 2 1) 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. Wle have provided a cost analysis depicting the pro-rata share for the proposed rezoning derived from the percentage of firtnre trac growth for affected roadways. Per our analysis, the Applicant has provided a transportation proffer package that is neary double hispro-rata shale. 2) 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. The revised proffer provides for a 10' hiker/biker trail along the Valley Mill Road frontage. Additionally, there is sr�cient right of way for bicycle and pedestrian facilities to be developed concurrent with future Route 7 improvements. 3) 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. The Proffer Statement has been revised to provide a 10' asphalt hikerl biker trail rather than sidewalk along the Property frontage to provide access for both pedestrians and bicyclists. Ownership and maintenance of the trail will be determined at tinge of site plan. 4) 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. lY/e feel that the road widening fiovz the subject Property to Maitin Drive for Valley jWill Road should be provided through the re.Zoning application currently under review as it fronts Valley Ali# Road in this location. All other agency comments have been addressed. Please feel free to call me at (540) 667-2139 with any questions that you may have. PRS Engineers . Surveyors • Planners • Landscape Architects p:\pq)jed\ / SS2-1-nw�givens thit.Y comer lane\I-0\plunnin\plan.r\itiapprimiionnuderia6\nrr/sly_iv.ruGnii.cdnumemo II2I03.doe Patton HarrOust & Associates Engineers. Surveyors. Planners. Landscape An h tecls. 21 November 2008 Mr. Michael Ruddy, AICP Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 i Ali',r —3 L6UU RE: Proposed Rezoning for Walgreens - Dairy Corner Place PHRi Dear Mike: The following is in response to review comments per your letter dated November CORPORATE: 20, 2008. For your reference, I have attached all revised application materials chanting including Proffer Statement dated November 21, 2008. Our responses to VIRGINIA OFFICES: comments are as follows: Land Use F-edel � . q Harnsonburq Leesburg The property is located in the area covered by the Route 7 Corridor Plan. The Newport NeAl property is within the UDA and SWSA and is designated as an area of commercial Norfolk land use. The business expectations of the Comprehensive Plan should be Winchester recognized. Woodbridge Agreed! The proposed commercial rezoning is in keeping Chantilly with the desired land uses depicted by the LABORATORIES: Comprehensive Plan. Fredericksburg General MARYLAND OFFICES: Baltimore Columbia Consider providing more design details, including the form of the layout of the site Frederik and the building materials, which would implement the goal of developing an Germantown attractive addition to the Route 7 corridor. Hollywood Hunt volley Proer 2.1 ensures that any buildings constructed on the Property utilise high quality masonry Williamsport materials. Regarding the form of the site layout, until we have completed the engineering phase of PENNSYLVANIA OFFICE: the project we would not be able to proffer a site layout. Allentown T 540 667 2139 F 540 665 0493 1 17 East Piccadilly Street Suite 200 Winchester. VA 22601 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 building 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 site. In addition to the materials paletteibr building design, we have added the requirement for f ll cut - PHA of lrmziaaries for site lighting to ir�rprove the aesthetics of the site and minimise impacts from lighting on adjacent properties. The site is curientjh separated pom Route 7 by Dairy Corner Place as well as a sr:Zeable earlhen berm between Dazy Corner Place and Route 7. Ve believe the proposed Val grcens Stare will be an attractive building that will be a vahrable addition to the Route 7/ ilalley Allill Road corridor: Transportation This application should focus on the entrance to Valley Mill Road, and an enhanced mterparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. The GDP provides for an interparcel connection to adjacent Propero to the east in the most feasible location from an engineeringjconstniction standpoint as shifting the interparcel connector would he difJicult due to topographic constraints. This application must address the transportation components of the Counts Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an Urban six -lane divided facility. IVe believe the applicant has provided a tramporlatron prgfer package that poiVdes a greater apron/// ojimpror)ernents than the pro-rata share cpproach as advised by the Comprehensive Plan. 0 0 Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Plan, and ultimately Route 7 should be avoided. 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 commercial traffic. The Applicant has proffered to improve the intersection of Martin Drive and Deng Corner Place as determined necessary by VDOT during site plan review (Proffer 1.11). This will ensure that the intersection is adequate to accornnzodate ary trips rttiliZing the intersection. PR+A In addition, future improvements to Route 7 and the I-81 interchange may need to use some part of the existing VDOT night 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. In recognition of this possibili�i, the Applicant has profered to not objec7 to aiDl modifications ly TVDOT to the site entrance at DaiOl Corner Place should the Daiy Conner Place right of'way be ntiliZed forflttlrre illiprovelvenLr to the Ronte 7 corrldor. 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 NO Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exist to Dowell J. Howard. The proposed entrance aligns with Dowell j Circle which provides access to Dowell j. Howard The bits loop exit for Dowell j. Howard is located fzn/her east on Valley 1Aill Road and, as the project adds no additional trips to Valley 1V1i11 Road cast of the proposed en6rarrce, the application will create no new impacts to the bus loop exit. It is anticipated that additional 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 that the proffered 10'. The prof eyed 10 feet in right of way dedication will accommodate the proposed Valley Mill Road improverrren/s. Ule wonld note drat the Easteni Road Plan does not show this portion of Vally Mill Road as a fittrtre improved roadway. 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 No Road and the entrance to Martin Avenue to a public street standard that meets all current standards. The proposed application generates no trips assignable to Martin Drive, ravhich is located east of the Proposed entrzrnce on Valley Mill Road. As such, !ve feel that inzprovenient of Martin Drive and the Valle 117i11 Road frontage all the way to Mar-lin Drive, should not he the rnponsibiliy of the PHP+proposed application. �L l� ,his 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 NO Road and Martin Drive. The proposed rezoning addresses all inlprovenients across its frontage with Val1q, Mill Road, per the TIA, and provides an ilrteiparcel connector for the adjacent proper y. 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. Per the Eastern Rocrd Plan, the planned connection betu)eeli existiirg Valle tl1Iill Road and Route 7 will be at the existing entrance to Winchester Gatervcq� located frnther east of the Proper�i than klar/in Dn'Ve. The Applicant is prorlidilrg -in inteipar6el 6•onnection in the niost feasible location in (in e&-1 to a6.6•olnlllodate an inleiro1rneded deivlop1mlit pattern as other land east of the site is r ederleloped. It is evident that this project would further deteriorate the level of service at the existing intersections in the vicinity of this site most specifically the intersections and 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. The exi.ctillg LOS for the Route 711-811 Valley Mill Road iateisectioll is opera// LOS D and P R+ � the Valley Mill Road approach itsef IS a LOS F. Back -,ground trafc (none requires the same 1 l� 1mproll meats (is build -out. The TIA sholl/S that the intersection can be impromd to all overall LOS C /y (drdiug all additional westbound thn.t large o/1 Rome 7, additional lYt t//r'l1 gape on 1/(/grey Allill Road, and all additional left turn lane on the I-81 NB off ramp. By consinlctilrg the Valley illfill Road improvements, as proffered, the Applicant is improving the Valle Mill Approach fiorla all existing LOS F to a LOS D while accollzmodatirrg frltrrre traffcgeneration. In addition to these improvements, the Applicant has provided a monetay contribution to hep provide for other improvements in the Route 7 corridor that hill be /lecessa9 regardless of whether or not this site develops. The tran3porlation proffers exceed the pro-rata share that would be expected of the development per the Comprehensive Plan. On recent rezoning, 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 maybe proposing. Such an approach should be considered with this request relative with the scale of the request. The Applicant has pr ouided a monetary contribution in the amount of $10,000 in addition to the Vall y Mill Road impr ovelnents. Per our letter to VDOT dated November 13, 2008, avhich was also provided to Planning Stc1 , we feel that our trallsporlation profferpack,age is neary twice the whte needed to mitigated the tiamporlation impacts of the proposed development using the pro -rota share approach advised ID, the Comprehensive Plan.. Pedestrian accommodations should be provided in a coordinated manner 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 Rout 7/Dairy Corner frontage and across Valley NO Road intersection. This should be done at this time and in conjunction with your proffered intersection improvements at this location. The Applicant has proffered to constrx/ct a 10' asphalt hi,-erlbi,-er trail along the Valley Mill Road fiorrtage to accommodate boll) pedestrians and bicycle users. Proffer Statement The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments 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. Proflcr 1.2 has been added to the Proffer Statement to state specfcalyl that the Property will develop in substantial col formance with the GDP. PR+A Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. The TIA modeled 15,000 square fet of Pharmacy and 10,000 square feet of medical office uses. To be sure the trip generation for the site does not exceed the trips modeled, the Proffer now limits development of the site to these two uses at the respective maximum square foot modeled by 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. The Applicant believes that a second access point to the site at Dal'ry Corner Place is e ilical to the success of the commercial development of the Propery. The proffer statement provides for improvements to the intersection of[Vlartin Drive and Daiy Corder Place to ensure safe vehicular a1'clllation. All site and transportation improvements should be completed prior to the issuance of a Certificate of occupancy on the first building (Proffer 1.6). Proffer 1.9 appears to be the exception. In this case, all easements shall be provided prior to site plan approval to insure that the improvements shown on the site plan can be provided. The Proffer Statement has been revised as suggested to require all sight distance easements prior to site plan approval. Monetary 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. As the .rile will notgenerate vehicle trips until it has obtained a certificate of occupancy (C.O.) and is Under operation, 1ve feel that providing the monetay contlibuulion at the time of a C.O. is appropriale since it coincides with the transportation impact. 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. As staled previously, per our letter to VDOT dated November 13, 2008, we feel we are neatly twice the pro-rala share needed to mitigate the transportation impacts of this rezoning request. The proffer statement must be signed by the owner/owners of the property. PJ� A Acknonvledged. J�� Impact Anal 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. The Pi offery and Impact Analysis have been revised to clan -i[y that the development of the site will consist of a Pharmacy that is a nnaximnnm 15,000 square feet and a naaxivaum of 10,000 square feet of ofce nses, as modeled in the TIA. 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. The Applicant is corulnrlctinng all idenli ied iviprovements for Valley Mill Road despite being just 31.86% of the fniure tnzrflicgrowth on that roadway. It is important to note again that the same impoveninents would be needed under background time conditions alone. The proposal represents just 2.35% of the fnntue lraficgrowth on Route 7 and 5.85% of the f nture tnzrzcgnowth on the I- 8 / NB off ramp. As stated previously, we feel the Applicant has mitigated the pro-inla share of Manspontation improvements needed for the development of the Proper y. 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. The overall LOS for the intersection, with suggested improvements will be a LOS C. The Valley Mill Road approach is being improved from a LOS F which exists today to a LOS D while accornmoclating background tnzrf is gn owth. .7 CJ Other I would suggest an evaluation of the existing mature trees on the property to determine if 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. There are vet limited mature trees on the site. Grading necesrat to construct the road and .rite improvements will necessitate the removal of the majority of the trees on the Property darning consirxrction. PR+A Additional comments provided by 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 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. As stated previoarsly, the Couny's Eastern Road Plan depicts a firtane connection for Valley Mill Road at the existing enhzrnce to the Wlinchesler Gateway development on Route 7 avhich i.r east of 'lbe sarbject Property. The Applicant has provided an interparcel connection to provide access to proper y located to the East with the intent that, as redevelopment occars in the area, access to Phis firlarre road connection is facilitated lhrorrgh inlerparcel connections. • We would note that the significant concentration of attached housing nearby would indicate 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. The revised proffer provides for a 10' hiker) biker li-ail along the Valley Mill Road frontage. Additionally, there is suffuiern right of way for bicycle and pedestrian facilities to be developed concurrent with f nure Roane 7 improvements. • In reviewing the materials sent to VDOT and copied to the County regarding pro -rasa 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. The malerials provided to the Colr/lty and VD0T separated those improvements that Ivoldd be required Milder commercial entrance standards and those inzprove/nellt.r that are ill excess of colrlmercial elrlralrce rega' enrellts n.,hich Ivolrldl total appro�zntateyl $91,000. The existing PHapproach for 1/ally Mill Road is a LOS F. I.Villt the ir»prorreirleuls proposed l?y the developlllellt, tI71.1' iIlO7lC1llellt n7lproveJ' t0 a LOS D CUell ditel' CIdC%lll,g 2,345 hackgrolnrd alld project generated trips. lVilh the inlprovelmnls to 1/ally Allill Road alld vlolletay contriblrtion, the Applicant is vritigating the il)apacts of the additiolla/ hafic. • 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. We believe a re:Zolling ' responsible for vnitigating tl�e impacts it creates. The clnnent proffer package provides an equivalent traniporlation vahre (above and beyond commercial entrance standar(h) of over900,000 evelr though the pro-rata share of the lransporlation impacts associated with the ie�Zonillg total just over $50,000. Wle feel Mal a rezoning sholrld be considered basis of rvhelher or rlot it mitigates its site specific ihlpacts. Per our ana/ysis, use feel that this application more than adequately addresses these site jpeczfic intpac'ts. I hope that these response aid in your review of the application. Please feel free to call if you have any questions. Sincerely, PATTON HARRIS RUST,& ASSOCIATES Patrick R. Sowers PRS Enclosure 0 • Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Monday, December 15, 2008 1:52 PM To: Rod Williams Cc: Mike Ruddy Subject: RE: Walgreens - Dairy Corner Place Rod, To answer your questions below: 1) "Modifications" does include the complete closure of the access if necessary. 2) "Shall not object to" does mean that the Applicant will not require compensation for modification of the access, even if the modification were complete closure. If need be, we can reword the proffer as you see fit before any final approval is granted. Thanks, Patrick -----Original Message ----- From: Rod Williams[mailto:rwillia@co.frederick.va.us] Sent: Monday, December 15, 2008 12:14 PM To: Patrick R. Sowers Cc: 'Mike Ruddy' Subject: Walgreens - Dairy Corner Place Patrick, In preparation for this week's Planning Commission meeting, I have reviewed the updated materials for this rezoning, including the proposed Proffer Statement bearing a revision date of November 25, 2008. This latest revision appears to have addressed the comments in my letter of the same date, although I note that my comments there regarding Proffers 1.2 (now 1.3) and 1.6 (now 1.7) were merely directing staff's attention to particular terms. Therefore, as those items did not necessarily anticipate a response, they remain informational items for staff. I do, however, have questions on one of the new items, Proffer 1.12. Proffer 1.12 states that the Applicant "shall not object to modifications by VDOT" to site access to Dairy Corner Place. My questions concern what the terms "shall not object to" and "modifications" mean. With respect to "modifications", does that term include complete closure of the access? With respect to "shall not object to", does that mean that the Applicant will not require compensation for a modification of the access, including a modification that is a complete closure of the access? Rod Roderick B. Williams County Attorney 1 County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(@co.frederick.va.us<mailto:rwillia(@co.frederick.va.us> 2 Patton Harr Oust & Associates Engineers. Surveyors. Planners. Landscape Architects. t ►luy' May 22, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Walgreens —Daily Coiner Place Rezoning Application P RA Dear Mike: Please find attached revised application materials for the Walgreens — Dairy Comer Place rezoning application (RZ 12-08) including a revised GDP and Proffer Statement dated May 22, 2009. We have made several modifications to the proffer CORPORATE: Chantilly package and GDP since the initial presentation to the Planning Commission at their December 17, 2008 meeting to address concerns associated with the transportation VIRGINIA OFFICES: Chantilly system proposed as part of the initial application. The Planning Commission Charlottesville expressed a desire to remove the proposed connection to Dairy Corner Place to Fredericksburg ensure that the intersection of Martin Drive and Dairy Corner Place does not Harrisonburg become an unsafe intersection. Leesburg Newport News My client has entered into a contract with the adjacent property owner, 220 Seafood NOrlolk Restaurant LLC, to purchase 0.9 acres of the existing B2 zoned parcel identified as Winchester TM 54-A 112C which is located where Martin Drive/Dairy Corner Place/Route 7 Woodbridge intersect. The addition of this acreage has enabled my client to remove any LABORATORIES: connection to Dairy Corner Place and then improve upon the transportation concept Chantilly by proffering to construct a commercial roadway from the proposed entrance on Fredericksburg Valley Mill Road as a through connection to the existing intersection of Martin Drive MARYLAND OFFICES: and Route 7. This improvement is shown on the revised GDP. The road Baltimore Columbia improvement triggers are tied to a certificate of occupancy on the 3.1 acres that Frederick comprised the initial rezoning proposal. The newly added 0.9 acres of existing B2 Germantown property has also been incorporated into the proffer to guarantee that the total site, Hollywood now 4.0 acres, will not exceed 15,000 square feet of pharmacy and 10,000 square feet Hunt Valley of other B2 uses except for gas stations, convenience stores, and fast food Williamsport restaurants which have been proffered out as potential uses. The new floor area PENNSYLVANIA OFFICE: proffer differs slightly from the previous proffer in that the 10,000 square feet that is Allentown in addition to the pharmacy area is no longer limited to office uses which was the use modeled in the TIA. This modification is justified by the fact that the application T 540 667.2139 F 540.665.0493 now includes an additional 0.9 acre of existing un-proffered B2 property. By adding 117 East Piccadilly Street this existing B2 area to the application and making it subject to the proffered floor Suite 200 area and use conditions, we are effectively limiting the development and resulting Winchester, VA traffic generation possible for the area. 22601 Walgreci Dairy Comer Place of May 22, 2009 Page 2 of 2 The constructed improvements proposed along the Valley Mill Road frontage remain unchanged from the previous proffer and will address both project generated trips as well as issues caused by existing traffic and background traffic on Valley Mill Road. Additionally, the Applicant has now proffered to close Dairy Corner Place between Martin Drive and Valley Mill Road. This will enable Dairy Corner Place to act as a hiker/biker trail along the Route 7 road frontage. To compensate for some of the additional expense associated with acquiring the adjacent 0.9 acres and constructing the roadway from Valley Mill Road to the intersection of Martin Drive and Route 7, the Applicant has removed the $10,000 proffer for transportation purposes. We look forward to presenting these revised materials to the Planning Commission R+Aat the June 17 meeting. Please feel free to contact me at (540) 667-2139 should you have any questions. Sincerely, Patton -Harris Rust & Associates Patrick R. Sowers Enclosure t 7� Patrick R. Sowers From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Hoffman, Gregory [Gregory.Hoffman@VDOT.Virginia.gov] Sent: Friday, May 08, 2009 11:32 AM To: Ronald A. Mislowsky; Patrick R. Sowers Cc: mruddy@co.frederick.va.us; John Bishop; Smith, Matthew, P.E.; Hoffman, Gregory; Ingram, Lloyd Subject: Walgreens - Dairy Corner Place, Frederick County - VDOT Comments to Revised Proffers/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 satisfied that the transportation proffers offered in the Walgreens - Dairy Corner Place Rezoning Revised Application dated May 6, 2009 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. 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 1 From:LIFESAFE 10/15/2008 16:08 0 #431 P.001/002 a �s 33A� ,i%Ixc11'SiH.'r Control number Date received RZOB-0014 1D/10/2008 Project Name Walgreen's-Dairy Corner Place Address City 117 E. Piccadilly St., Suite 200 Winchester Type Application Tax ID Number Rezoning 54F-1-9A,etc_ Current Zoning Date reviewed Date Revised 10/15/2008 Applicant Patton Harris Rust & Associates State Zip Applicant Phone VA 22601 540-667-2139 Fire District Rescue District 18 18 RP Recommendations Automatic Sprinkler System Autamattc Fire Alar;n System Yes Yes Other recommendation 10 Emergency Vehicle Access Hydrant Location Not Identified Not Identified Siamese Location Roadway/Aisleway Width Not Identified Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Reviewed By Yes J. Neal Election District Red Bud Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Signature ri1% Title COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 October 24, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Rezoning Application for Walgreens — Dairy Corner Place Frederick County, Virginia 0 Dear Mr. Sowers: We have completed our review of the rezoning application for the proposed Walgreens — Dairy Corner Place development and offer the following comments: Refer to Land Use, page 1: Discuss the demolition of the three (3) 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. 2. Refer to Access and Transportation, page 2: The existing intersection of Dairy Corner Place and the entrance drive to the old 220 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. 3. 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 107 North Kent Street • Winchester, Virginia 22601-5000 0 • Walgreens —Daisy Cofer Place Rezoning Page 2 October 24, 2008 the 220 property. Consideration should be given to a regional stormwater facility which will also accommodate storm drainage from the adjacent Burns' property. I can be reached at 722-8214 if you should have any questions concerning the above comments. Sincerely, Harvey 6trawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file T:\rsargcat\Rhonda\TCMPCOMMCNTS\WALGRCGNS-DAIRYCORNCRPLRGZCOM.doe • • 10 (�O Rezoning Comments WALGREENS — DAIRY CORNER PLACE Frederick County Department of Inspections Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4 h Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Current Zoning: Zoning Requested: B2 Acreage: 3.1 Department of Inspections Comments: WORK 6 iksncT'� Inspections Signature & Date: rc Notice to Dept. oI`'inspections —Please Retu''This Form to the Applicant H U • (• 60 (. Rezonine Comments WALGREENS — DAIRY CORNER PLACE Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Attn: Engineer 315 Tasker Road Stephens City, VA 7D� [� ((� 1� H W R OCT 1 0 Applicant: Please fill out the information as accurately as possible in orde� to assist t$e i&on Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540 66) 7.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Current Zoning: RP Zoning Requested: B2 Acreage: 3.1 Sanitation Authority Comments: -zi-- V 47;¢ —"A 41'?,6- /I Y, 11-4f ZC TD TW/S 5/72S 7/fFi�i� is •s�D�"gl//� %�' S•E-wes 4 Iz- W,>4,4�Fl4 7-0 541 V f TW/s S/ T�F. Sanitation Authority Signature & Date: Notice to Sanitation Authority — Please Return This Form to the Applicant 14 Rezoning Comments WALGREENS — DAIRY CORNER PLACE • Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 OCT 1 0 7003 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 (6 Winchester, VA 22601 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Current Zoning M Zoning Requested: B2 Acreage: 3.1 Fred -Winchester Service Authority's Comments: 40 ColAme+b FWSA Signature & Date: Notice to Fred -Wine (. e Authority — Please Return This Form to the Applicant 18 • 0 Rezoning Comments WALGREENS — DAIRY CORNER PLACE Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: . The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road �J* Current Zoning: RP Zoning Requested: B2 Acreage: 3.1 Frederick — Winchester Health Department's Comments: A Gl 0 Health Signature & Date: Notice to Health Department — Please Return This Form to the Applicant RECEIVED OCT 10 2008 15 i 0 October 14, 2008 Patrick Sowers Patton Harris Rust & Associates 1 i E. Piccadilly Streets, Sciite 200 Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Dairy Corner Place (Walgreens) Property: PINS # 54F-1-9, 54F-1-9A, 54F- A-30, 54F-3-A, 54F-3-Al, 54F-3-A2 Dear Mr. Sowers: • Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the 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. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Amber Powers Planner I ALP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Rezoning Comments WALGRE ENS — DAIRY CORNER PLACE Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Applicant's Name Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2" a Floor 107 North Kent Street Winchester, VA 22601 Patton Harris Rust & Associates c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 Phone: (540) 667.2139 ( Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Current Zoning: Zoning Requested: B2 Acreage: 3.1 Dept. of Parks & Recreation Comments: NO COMMENT Parks Signature & Date: Notice to Dept. of Parks & Recreation — Please Return This Form to the Applicant 12 0 r (0 C Rezoning Comments WALGRE ENS — DAIRY CORNER PLACE Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant's Name: Patton Harris Rust & Associates c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Phone: (540) 667.2139 The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Current Zoning: RP Zoning Requested: B2 Acreage: 3.1 Winchester Regional Airport's Comments Winchester Regional Airport Signature & Date:&AQ ANU R Wa CM I a_.Q Notice to Winchester Regional Airport — Please Return This Form to the Applicant 16 C� • WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / October 22, 2008 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Patrick R. Sowers Patton Harris Rust & Associates, pc 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22`601 Re: Rezoning Comments Eastside Holdings LLC - Walgrens Redbud Magisterial District Dear Mr. Sowers: On behalf of the Winchester Regional Airport Authority, we have reviewed the referenced rezoning proposal and determined that the proposal will not impact operations at the Winchester Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. M' ,nue Executive Director • WALGREENS - DAIRY CORNER PLACE IMPACT ANALYSIS STATEMENT November 2008 Revised May 2009 The Walgreens — Dairy Corner Place Property (the "Property") is ideally located for commercial uses. The Property, identified by Frederick County records as Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1, 54F-3-A2, and a portion of 54-A 112C consists of approximately 4.0 acres located along Valley Mill Road and Dairy Corner Place at the intersection of Valley Mill Road and Route 7 at the I-81 interchange (See Figure 1). 3.1 Acres of the subject site is currently zoned RP (Residential Performance) and was previously used for three single family detached homes. The remaining 0.9 acres of the site is currently zoned B2 and is a portion of the 220 Seafood Restaurant Property. The application was initially submitted with only the 3.1 acres RP which was presented to the Planning Commission on December 17, 2008. The Planning Commission, tabled action on the application to allow the Applicant to work on revisions to the Application to address concerns with having a site entrance on Dairy Corner Place. Since the December Planning Commission meeting, the Applicant has worked with the adjoining Property owner and reached an agreement to purchase 0.9 acres of the 220 Seafood Restaurant site enabling the Applicant to avoid any connection to Dairy Corner Place. This application seeks to rezone the Property to the B2 (General Business) District to allow for up to 15,000 square feet of pharmacy use with up to 10,000 square feet of additional B2 type uses, excluding gasoline service stations, convenience stores, or fast food restaurants. The site is located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County. SURROUNDING PROPERTIES As depicted by.Figure 1, the properties located adjacent to the site are single family homes on RP zoning as well as the residual 220 Seafood Restaurant site which is zoned B2. To the North of the Property, across Route 7 is the Winchester Gateway shopping center zoned B2. LAND USE The subject acreage is located within the study boundary of the Route 7 East Corridor Land Use Plan however this plan only shows the existing zoning rather than the planned use for the Property. The Eastern Frederick County Long Range Land Use Plan identifies the Property with a business designation. As such, rezoning the site to allow for B2 uses would be in accordance with the land use as planned by the Frederick County Comprehensive Plan. ACCESS AND TRANSPORTATION The property would be served by an entrance on Valley Mill Road as well as an entrance at Martin Drive which intersects with Route 7 as shown on the Generalized Development Plan (GDP). The Applicant has proffered to construct a private commercial roadway that will connect the entrance at Valley Mill Road with Martin Drive as a through movement. This has enabled the Applicant to proffer the closure of Dairy Corner Place between Valley Mill Impact Analysis Statement — Walgreens — Dairy Corner Place Road and Martin Drive addressing the primary concern voiced by the Planning Commission in December 2008. A traffic impact analysis (TIA) entitled "A Traffic Impact Analysis of Walgreens at Dairy Corner Place," was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The TIA analyzes the impacts developing the site with a 15,000 square foot pharmacy and 10,000 square feet of medical office type uses. The TIA indicates that background traffic will degrade the Level of Service (LOS) for the subject area intersections below a LOS C. To accommodate background traffic the TIA proposes the following improvements: 1. Route 7/Valley Mill Road/ I-81 ramps: • Additional westbound thru lane on Route 7 Additional northbound left turn lane on Valley Mill Road Additional souhbound left turn lane on the NB I-81 off ramp. The TIA indicates that the development of the site combined with backgroiuzd traffic would necessitate the same transportation improvements needed with background traffic alone. The Applicant has proffered to construct an additional northbound left turn lane for Valley Mill Road as part of the development of the Property. The proffered transportation improvements would be needed regardless of whether or not this Property is developed. The proffers limit the development to up to 15,000 square feet of pharmacy and up to 10,000 square feet of additional uses, excluding gasoline service stations, convenience stores, and fast food restaurants. The new floor area proffer differs from the previous proffer in that the 10,000 square feet is no longer limited to office uses which was the use modeled in the TIA. This modification is justified by the fact that the application now encompasses an 0.9 acres of un-proffered B2 property. By adding this existing B2 area to the application and making it subject to the proffered conditions, the Applicant is limiting the development and resulting traffic generation possible for the area. The Virginia Department of Transportation (VDOT) has reviewed the revised proffer statement and is satisfied that the Applicant has mitigated traffic impacts associated with the rezoning request. ENVIRONMENT The Property does not contain any areas of stream channels or steep slopes. The site has a low elevation of approximately 650 feet and a high elevation of approximately 675 feet. There is an existing drainage swale that runs south to north on the Eastern edge of the Property. Existing drainage from the site flows from south to north, ultimately to the aforementioned drainage swale. Any stormwater management facilities will be designed to meet or exceed the state regulations. Per stormwater management regulations, post development flows will not exceed pre -development levels. As such, development of the site will not negatively impact nearby drainage facilities, including the existing culvert located at the entrance to the 220 Seafood site. hnpact Analysis Statement — Walgreens — Dairy Corner Place 2 The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall upon the border between the Frederick Poplimento- Oaklet soil associations. The predominant soil types on the site are Berks Channery Silt Loam, 2 to 7 percent slopes (map symbol 1B) and Weikert Berks Channery Silt Loams, 15 to 25 percent slopes (map symbol 41D) as shown on map sheet number 30 of the survey. The site would not be characterized as prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel # 510063-0115B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100-year flood plain. Development of the site will require the demolition of three existing single family residences currently located on the site. Any wells or septic systems associated with these residences will be abandoned in accordance with required Health Department regulations as part of the development of the site. SEWAGE CONVEYANCE AND WATER SUPPLY Access to public water and sewer is available via connection to existing lines adjacent to the site along the Valley -Mill Road frontage. Assuming 25,000 square feet of commercial space, the site would generate 5,000 gallons per day of sewer flows with approximately equivalent water usage assuming a rate of 200 GPD/1,000 square feet. SOLID WASTE Assuming 25,000 square feet of commercial space, the site would generate 625 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet. Solid waste would be transferred to the Frederick County Landfill for disposal. HISTORIC SITES AND STRUCTURES The subject site does not include any historic structures as identified by the Frederick County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is located within the core battlefield area of the Third Battle of Winchester (Opequon), however the subject acreage is already identified as lost integrity due to development in proximity to the site. As such, the application will have no impact to the existing integrity of battlefield resources. Impact Analysis Statement — Walgreem — Daisy Corner Place 3 9 0 IMPACT ON COMMUNITY FACILITIES The proposed commercial rezoning will have a positive impact on the Frederick County tax base. The positive fiscal impact is augmented by the fact that the proposed rezoning is replacing 3.1 acres of RP zoned property which could be used for residential development with no proffers to mitigate impacts. In recognition of services provided for Fire and Rescue and the Sheriff's Office, the Applicant has proffered a monetary contribution of $1,000 for Sheriff's office purposes and $1,000 for Fire and Rescue services. Impact Analysis Statement — Walgreens — Dairy Corner Place 4 WALGREENS - DAIRY CORNER PLACE IMPACT ANALYSIS STATEMENT November 2008 The Walgreens — Dairy Corner Place Property (the "Property') is ideally located for commercial uses. The Property, identified by Frederick County records as Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A 30, 54F-3-A, 54F-3-A1, and 54F-3-A2 consists of approximately 3.1 acres located along Valley NO Road and Dairy Corner Place at the intersection of Valley Mill Road and Route 7 at the I-81 interchange (See Figure 1). The subject site is currently zoned RP (Residential Performance) and was previously used for three single family detached homes. This application seeks to rezone the Property to the B2 (General Business) District to allow for up to 10,000 square feet of office uses and a pharmacy up to 15,000 square feet in size. The site is located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County. SURROUNDING PROPERTIES As depicted by.Tigrire 1, the properties located adjacent to the site are single family homes on RP zoning as well as the 220 Seafood Restaurant site which is zoned B2. To the North of the Property, across Route 7 is the Winchester Gateway shopping center zoned B2. LAND USE The subject acreage is located within the study boundary of the Route 7 East Corridor Land Use Plan however this plan only shows the existing zoning rather than the planned use for the Property. The Eastern Frederick County Long Range Land Use Plan identifies the Property with a business designation. As such, rezoning the site to allow for B2 uses, specifically a pharmacy site, would be in accordance with the land use as planned by the Frederick County Comprehensive Plan. ACCESS AND TRANSPORTATION The property would be served by an entrance on Valley Mill Road as well as an entrance on Dairy Corner Place as shown on the Generalized Development Plan (GDP). A traffic impact analysis (TIA) entitled "A Traffic Impact Analysis of Walgreens at Dairy Corner Place," was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The TIA analyzes the impacts developing the site with a 15,000 square foot pharmacy and 10,000 square feet of medical office type uses. The TIA indicates that background traffic will degrade the Level of Service (LOS) for the subject area intersections below a LOS C. To accommodate background traffic the TIA proposes the following improvements: 1. Route 7/Valley Mill Road/I-81 ramps: • Additional westbound thru lane on Route 7 Additional northbound left turn lane on Valley NO Road Additional southbound left turn lane on the NB I-81 off ramp. Impact Aalysis Statement — Walgreeiis — Dairy Conner Place 1 k I Patton Harris Rust & Associates,pc LOCATION MAP FIGURE 1 Engineers. Surveyors. Planners. Landscape Architects. 117 Ewt PiadilIy Street Suite 200 • Winchester VIFqInim22601 WALGREENS RA T 540 667 2139 PH F 540.665.0493 DAIRY CORNER PLACE I SCALE: 1 " = 100' � DATE: 7/1 /08 0 a E !9& ror ti Map Features i County Boundary • C Tax Map Boundary Community Centers ~' George Washington National Forest w , p Hamlets LakeslPonds Streams /V Sewer Water Service Area , Urban Development Area Roads/Transportation N Interstates Primary Highways Secondary Roads Q Named Private Roads Unnamed Private Roads Proposed Route 37 Railroads Cities/Towns Middletown Stephens City Winchester Agricultural Districts - Double Church Refuge Church South Frederick Zoning 1 61 (Business, Neighborhood District) B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) 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 l l 117 East er, Virginia ir i Street, Suite200 • Winchester, 139, is22601 T 540.667.2139 F 540.665 0493 WINCHESTER GATEWAY F A<<C MIC(_RD; PROJECT AREA j I "Mimi r ZONING MAP WALGREENS DAIRY CORNER PLACE I -r/ A 4� IL i C r . FIGURE 2 DATE: 7/1/08 The 71A indicates that the development of the site combined with background traffic would necessitate the same transportation improvements needed with background traffic alone. The Applicant has proffered to construct an additional northbound left turn lane for Valley Mill Road as part of the development of the Property. Additionally, the Applicant has proffered to close the existing connection of Dairy Corner Place on the East side of Valley Mill Road. The proximity of this entrance to Valley Mill Road's intersection with Route 7 can create issues with existing traffic volumes at this intersection. The proffered transportation improvements would be needed regardless of whether or not this Property is developed. To provide further mitigation for transportation impacts, the Applicant has proffered a monetary contribution in the amount of $10,000.00 for transportation improvements within the vicinity of the site. ENVIRONMENT The Property does not contain any areas of stream channels or steep slopes. The site has a low elevation of approximately 650 feet and a high elevation of approximately 675 feet. There is an existing drainage swale that runs south to north on the Eastern edge of the Property. Existing drainage from the site flows from south to north, ultimately to the aforementioned drainage swale. Any stormwater management facilities will be designed to meet or exceed the state regulations. Per stormwater management regulations, post development flows will not exceed pre -development levels. As such, development of the site will not negatively impact nearby drainage facilities, including the existing culvert located at the entrance to the 220 Seafood site. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall upon the border between the Frederick Poplimento- Oaklet soil associations. The predominant soil types on the site are Berks Channery Silt Loam, 2 to 7 percent slopes (map symbol 1B) and Weikert Berks Channery Silt Loams, 15 to 25 percent slopes (map symbol 41D) as shown on map sheet number 30 of the survey. The site would not be characterized as prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel # 510063-0115B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100-year flood plain. Development of the site will require the demolition of three existing single family residences currently located on the site. Any wells or septic systems associated with these residences will be abandoned in accordance with required Health Department regulations as part of the development of the site. hnpact Analysis Statenient — Walgreens — Dairy Corner Place 2 0 0 SEWAGE CONVEYANCE AND WATER SUPPLY Access to public water and sewer is available via connection to existing lines adjacent to the site along the Valley Mill Road frontage. Assuming 25,000 square feet of commercial space, the site would generate 5,000 gallons per day of sewer flows with approximately equivalent water usage assuming a rate of 200 GPD/1,000 square feet. SOLID WASTE Assuming 25,000 square feet of commercial space, the site would generate 625 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet. Solid waste would be transferred to the Frederick County Landfill for disposal. HISTORIC SITES AND STRUCTURES The subject site does not include any historic strictures as identified by the Frederick County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is located within the core battlefield area of the Third Battle of Winchester (Opequon), however the subject acreage is already identified as lost integrity due to development in proximity to the site. As such, the application will have no impact to the existing integrity of battlefield resources. IMPACT ON COMMUNITY FACILITIES The proposed commercial rezoning will have a positive impact on the Frederick County tax base. The positive fiscal impact is augmented by the fact that the proposed rezoning is replacing RP zoned property which could be used for residential development with no proffers to mitigate impacts. In recognition of services provided for Fire and Rescue and the Sheriff's Office, the Applicant has proffered a monetary contribution of $1,000 for Sheriff's office purposes and $1,000 for Fire and Rescue services. In2pact Analysis Statement — Walgreens — Daisy Corner Place r� 0 • • 0 A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Located in: Frederick County, Virginia Prepared for: Red Leaf Development P.O. Box 10655, Towson, MD 21285 Prepared by: Patton Harris Rust & Associates Eng neers. Surveyors. Planners. Landscape Architects. 10212 Governor Lane Blvd, Suite 1007 Williamsport, Maryland 21795 P -R+A T 301.223.4010 F 301.223.6831 September 04, 2008 M • 0 OVERVIEW Report Summary Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Walgreens at Dairy Corner Place development to be located along the southeast quadrant of the intersection of Valley Mill Road/Dairy Corner Place, south of Route 7 (Berryville Pike), in Frederick County, Virginia. The proposed development is to include 15,000 square feet of pharmacy and a 10,000 square foot medical office building. Access will be provided via a full access site - driveway to be located along the east side of Valley Mill Road as well as a right in/right out only site -driveway to be located along south side of Dairy Corner Place. The proposed development will be built -out over a single transportation phase by the year 2010. Analyses are provided for existing, 2010 background and 2010 build -out year. Figure I is provided to illustrate the location of the proposed Walgreens at Dairy Corner Place development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Walgreens at Dairy Corner Place development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Walgreens at Dairy Corner Place development, • Distribution and assignment of the Walgreens at Dairy Corner Place development - generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of Synchro 7 for existing and future conditions. PHR/� A Traffic Impact Analysis of the Wal)zreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page I • • No Scale Spnece Sr V'reo—k Ave a �' R W ypomH pl o � v-CciM,��� � �•, C y R i7 SITE o7'Q PCDy� VJRey Map Rd &ookland Dr ' &-kfand R Woodstock Ln 3, W,~aae D, Figure 1 Vicinity Map: Walgreens at Dairy Corner Place, in Frederick County, VA PH A Traf%c /myact Analysis of the WalgrProj at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 2 • EXISTING CONDITIONS PHR+A conducted weekday AM/PM and Saturday mid -day peak hour manual turning movement counts at the intersection of Route 7 (Berryville Pike)/I-81 SB Ramps, Route 7 (Berryville Pike)/I-81 NB Ramps/Valley Mill Road, Route 7 (Berryville Pike)/Martin Lane, Route 7 (Berryville Pike)/Gateway Drive and Valley Mill Road/Dairy Corner Place. In order to determine the ADT (Average Daily Trips) along the study area roadway links, "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 7.7% was utilized based upon the published Virginia Department of Transportation (VDOT) 2006 traffic count data. Figure 2 shows the existing weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 3 shows the existing lane geometry and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. Existing condition analysis is based upon VDOT signal tinning. PHR+A has provided Table 1 to show the existing weekday AM/PM and Saturday mid -day peak hour levels of service and 95`h percentile back of queue for each lane group. All traffic count data and Synchro level of service worksheets are included in the Appendix section of the report. A Traffic Impact Analysis of the Walgreens at Dairy Corner Place PH R+A Projec[ Number: r 04, 2 1 8 September 04, 2008 Page 3 0 P No: Gww c vim, N L.434(523)[5131 jr —I1(28)[42] p 7 I� (239)174= j 1057)645 � [26](17)6� G G ^ � E O H '3� z m 229(401)12 �— 24(88103)1 24(88)[81] [135](178)86� I ` [810](928)981 �� 1 [278)(361)160 �� o A �3050�y5"wo-591 r\" 7 [ly7GX137 �0113� ~ N��. N � �3G181\�81 Weekday Saturday ADT -1- / \ AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 2 Existing Traffic Conditions • R+A AT affiic Impact Analysis of the Walgreens at Dairy Corner Place pProject Number: r 04, 2 1 8H September 04, 2 e 4 Page 4 • • • No Scale a�Q SRO Goie,N�l 2� �lyve a 7 OO�`�amc q aJ�oe7Kc 4 n Dalt Cot 4'� o� 5 °?.o O S 'SITE % Valley d'lill koa� 1 Signalized 2 Signnlize(1 3 Unsignalized Signalized 5 Unsignalized - Intersection E r Intersection Intersection Intersection Intersection d z`' LOS= D(C)IC) d LOS= D(D)[D[ Right In/Out Only LOS= C(C)[BI [n G o o v y z 2 =CBlc��c\ e �D(A)tCI �(D)[DI R 7 1y Clll ,� 1� ll(Vi)(Bli [C1(B)B�� •[C1(C)C� a Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] khannelized Right turn -lane with 'STOP' condition T JA khannelized Right turn -lane with 'YIELD' condition IJT ?+ / \ NOTE: Analysis is based upon VDOT Signal Timing Figure 3 Existing Lane Geometry and Levels of Service Place PH A Trn�c Impact Anc�lysis oithe WnlgrProj ct Num Corner 4-1-0 Project Number: r 04, 2 1 8 September 04, 2008 Page 5 • • Table 1 Walgreens at Dairy Corner Place Levels of Service and Back of Queue (95 %) Results Existing Conditions Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak }lour SaturdayPeak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 7 & I-81 SB Ramps/Shoney's Entrance Signalized EB/L C 126.0 B 123.0 B 95.0 EB/T B 224.0 B 414.0 C 307.0 EBrrR EB LOS B B C WB/L D 25.0 A 25.0 B 25.0 WBrr-Lane 1 E 395.0 A 54.0 C 234.0 WB/T-Lane 2 WB/R A 25.0 A 25.0 A 25.0 WB LOS D A C NB/LT D 28.0 E 75.0 D 63.0 NB/R C 25.0 C 36.0 C 25.0 NB LOS D D D SB/L F 449.0 F 387.0 E 303.0 SB/LT F 440.0 F 385.0 E 1 311.0 SB/R A 25.0 A 25.0 A 25.0 SB LOS F F E Overall LOS D C C Route 7 & 1-81 NB Ramps/Valley Mill Road Signalized EB/L C 59.0 E 188.0 D 109.0 EB/T-Lane I D 352.0 C 357.0 C 271.0 EBfT-Lane 2 EB/R A 66.0 A 113.0 A 28.0 EB LOS C C C WB/L C 29.0 C 41.0 B 25.0 WBfF-Lane 1 D 418.0 E 746.0 E 608.0 WBIT-Lane 2 WB/R A 25.0 A 25.0 A 25.0 WB LOS C D D NB/L F 464.0 F 540.0 E 371.0 NBrrR D 273.0 E 245.0 D 165.0 NB LOS E F E SB/L E 364.0 E 445.0 E 298.0 SB/LT E 356.0 E 454.0 1 D 297.0 SB/R A 25.0 A 25.0 A 25.0 SB LOS D E D Overall LOS D D D Route 7 & Gateway Drive Signalized EB/L-Lane l D 56.0 D 227.0 C 208.0 EB/L-Lane 2 EB/I'-Lane I B 671.0 A 213.0 A 33.0 EBrr-Lane 2 EB LOS C B B WB/LU D 35.0 E 28.0 D 38.0 WBrr-Line I B 313.0 C 615.0 C 449.0 WB/T-Lane 2 WB/R A 25.0 A 66.0 A 44.0 WB LOS B C C SB/L-Lane 1 D 46.0 D 106.0 D 87.0 SB/L-Lane 2 SB/R-Lane l A 26.0 A 48.0 A 43.0 SB/R-Lane 2 SB LOS C C B Overall LOS C C B Route 7 & Martin Lane Unsignalized EB/T EB/TR WBrr-Lane I W B/T-Lane 2 NB/R Valley Mill Road & Dairy Corner Place Unsignalized EB/LTR C 25.0 C 25.0 C 25.0 WB/LTR B 25.0 B 25.0 B 25.0 NB/L A 25.0 A 25.0 A 25.0 NB/TR - - - SB/LTR A 1 25.0 A 25.0 A 25.0 PHPn * Assumed 25 feel Vehicle Length Minimum queue length assumed to be 25 feet EB = Eastbound, W B =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thnt, R: Right A Traffic Impact Analysis of the Walereens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 6 • • 2010 BACKGROUND CONDITIONS PHR+A grew the existing traffic volumes (shown in Figure 2) using a rate of 6% per year through Year 2010. There are no "planned" background developments in the vicinity of the site. Figure 4 shows the 2010 background weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2010 background lane geometry and AM/PM peak hour and Saturday laid -day peak hour levels of service. Table 2 is provided to show the 95t" percentile back of queue and levels of service for each lane group during 2010 background conditions. Synchro levels of service worksheets are provided in the Appendix section of this report. PR+AH A Traffic Impact Analysis of the Walereens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 7 0 • 0 • r No: 1 o fi E a_ y m ��488(588)[57G1 =88(980)[8791 d-11(28)[421 7 [19(i1(269)196=�� [904](ll91)726 r V O u, Z 257(451)[3181 895(124U)[12081 Q4-- _7(99)[911 11521(200)97--f 7 [910](1042)1102 �� [312](4U5)ISU�� e I rl(z)L41 ( yti�/ Id �a// r(g89�lgy 1 o ry4ji/ I 1= Roar Y r J '2 `� 63115GR 48 w ' � s>♦� /�!al1A r']6laA)al Weekday ADT Saturday ADT -1- / \ AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 4 2010 Background Traffic Conditions AA Traffic Impact Analysis oImpact Analysis of the Walgreens at Dairy Conner Place Project Number: 15824-1-0 September 04, 2008 Page 8 • 0 I No 1 Signalized 21 Signalized 3 Unsignalized 41 Signalized 5 Unsignalized O 2 Intersection LOS= C(C)(C] E Intersection LOS= D(E)j E] Intersection Right In/Out Only Intersection LOS= B(B)ICI Intersection �"'"B(A)[A] "� to Z. �"B(CHD1 F <� D161�C� a Q 7 �Y ( ` `, i`[■ Daa Comer ^ place C C .t�]O 7 i�](�)� n 11WE)C....� _y a o I t tU1lAl . t ILOS • C(C)[Cj� ;, IVB - 1'Phru NB - 1 Left ' S' 5 SIS - I Lcft O o` No Improvements e z i B(C)]BI No Imrents Required r rRequired No Improvements No Improvements Required Required Denotes Improvements .F Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] khannelized Right turn -lane with 'STOP' condition CChannelized Right turn -lane with 'YIELD' condition Figure 5 2010 Background Lane Geometry and Levels of Service PHIS A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 9 • • Table 2 Walgreens at Dairy Corner Place Levels of Service and Back of Queue (95%) Results 2010 Backeround Conditions (w/ assumed Itnurovements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour Saturday Peak hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 7 & I-81 SB Ramps/Shoney's Entrance Signalized EB/L E 244.0 E 366.0 D 204.0 EB/r C 265.0 C 482.0 B 317.0 EBrrR EI3 LOS Jill C C WB/L B 25.0 B 25.0 A 25.0 WBfr-Lane I C 383.0 B 220.0 A 119.0 W B/T-lane 2 WB/R A 25.0 A 25.0 A 25.0 WB LOS B A A NB/LT D 27.0 E1 73.0 E 1 70.0 NB/R C 25.0 C 35.0 C 27.0 NB LOS C D D SB/L E 444.0 E 285.0 E 382.0 SB/LT E 457.0 E 282.0 E 385.0 SB/R A 25.0 A 25.0 A 25.0 SB LOS D D D Overall LOS C C C Route 7 & I-81 NB Ramps/Valley Mill Road Signalized EB/L E 111.0 E 227.0 P 221.0 EB/r-Lane 1 D 582.0 C 503.0 C 341.0 EBlr-L1ne 2 EB/r-Lane 3 EB/R A 25.0 A 25.0 A 25.0 EB LOS C C C WB/L D 31.0 E 94.0 D 91.0 WBrr-Lane 1 C 193.0 C 353.0 B 313.0 WBrr-Lane2 WBrr-Lane 3 WB/R A 25.0 A 25.0 A 25.0 WB LOS B C B NB/L-Lane I C 148.0 E 174.0 D 144.0 NB/L -Lane 2 NBrrR E 289.0 D 216.0 E 220.0 NB LOS D D D SB/L-Lane I E 284.0 E 250.0 D 206.0 SB/L,Lane 2 SBrr D 1 85.0 D 174.0 D 96.0 SB/R A 25.0 A 25.0 A 25.0 SB LOS D D D Overall LOS C C C Route 7 & Gateway Drive Signalized EB/L-Lane 1 D 65.0 D 155.0 C 187.0 EB/L-Lane 2 EB/L'-Lane I A 151.0 A 206.0 A 202.0 EB/17-1-ane 2 EB LOS A A B WB/LU E 38.0 E 27.0 E 43.0 WB/r-Lane 1 B 288.0 C 566.0 D 730.0 WB/T-Line 2 WB/R A 25.0 A 40.0 A 68.0 WB LOS B B C SB/L-Lane 1 D 55.0 E 112.0 E 143.0 SBA,Lane 2 SB/R-Lane 1 B 31.0 B 52.0 B 56.0 SB/R-Lane 2 SB LOS C C C Overall LOS B B C Route 7 & Martins Lane Unsignalized EBrr EBfFR WB/r-Lane I W B/'r-Lane 2 NB/R Valley Pike & Dairy Corner Place Unsignalized EB/LTR C 25.0 C 25.0 C 25.0 WB/LTR B 25.0 B 25.0 B 25.0 NB/L A 25.0 A 25.0 A 25.0 NB/TR A 25.0 A 25.0 A 25.0 SB/LTR A 25.0 A 25.0 A 25.0 PHP-*-,+-A r Assumed 25 feet Vehicle Length Minimum queue length assumed to be 25 feet EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Lea, T:Thm, R: Right A Traffic Impact Analysis of the Walereens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 10 9 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7°i Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 3 is provided to summarize the total trip generation associated with the proposed development. Table 3 Walgreens at Dairy Corner Place Trip Generation summary ITE Codc Land Use Mnount In A\I Pcak hour Out Total in PM Peak hour Out Total ADT In So( Peak (tour Out Total ADT 720 Med/Dcntal Office Bldg 10,000 SF 20 5 25 10 27 37 194 21 16 36 90 881 Pharmacy w/DT 15,000 SF 23 17 40 63 66 129 1,322 59 59 118 1,322 Sub -Total 42 22 65 73 93 166 1,516 80 74 154 1,412 Pass -by Trips 40%(Code 881) 8 8 16 16 26 52 S29 24 24 47 529 Total"N"Trios 34 14 49 47 67 115 987 56 51 107 1 80 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages Is shown in Figure 6 to assign the proposed Walgreens at Dairy Corner Place development trips (Table 3) throughout the study area roadway network. Figure 7 shows the development -generated AM/PM peak hour and Saturday mid -day peak hour trips and ADT assignments. 0 2010 BUILD -OUT CONDITIONS The Walgreens at Dairy Corner Place assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 shows the 2010 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2010 build -out lane geometry and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. Table 4 shows the 95th percentile back of queue and levels of service for each lane group during 2010 build - out conditions. All Synchro levels of service worksheets are included in the Appendix section of this report. PHI2� A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 11 • • • No Scale -t- Office Pharmacy Figure 6 Trip Distribution Percentages PH A Tragic Lnpnct Analysis oft/ie WalgrPros ct Dairy Corder Place 4-1-0 Project Number: 15824-1-0 September 04, 2008 Page 12 0 11 No Scale s� C, may � ot,�e 0 0 49 oR`Q v A'tA 66 66 4c1('1 7 Aa 1 99 2r 230 3as 2 CotpccPlac 6N ntit 50 Ile �, o SITE `9 S 1 E 2 3 4 a a a o o o` o N L2(9)[71 p.�a(1v)f 1a] ♦=-1(-13$-121 �3)l ��9ltt1ltA1 17(35)[361 7 00* \\ i 7 [16[(13)11 �'� 7 [-12j(•13)-ate► i� t.10�1•111A �11 ��w } [3C1(33)20—% c 5 Sss- 5 G 7 w a 1088 A vl Weekday J�Jd2J � ta51(a11t5 � J �`► �` 3 't 1 Saturday ADT TJT TP� AM Peak Hour(PM Peak Hour)[SAT Peak Hour] ■— Figure 7 Development -Generated Trips Assignment PH A Traffic Impact Anctlysis of the WnlgrProj ct NUm Corner Place Project NumUer: 15824-1-0 September 04, 2008 Page 13 AM Peak Hour(PM Peak Hour)[SAT Peak Hour] A 7 rajlic Impact AnatVsis or Me WQIf,,Peells atvan-y uorner YIQCe Project Number: 15824-1-0 September 04, 2008 Page 14 • • 0 NOS J Unsignalized "New 7 Unsignnlized "New Intersection Interxetion" Intersection Intersection" Right hVOut only 1" �umM WA rt y. �� ^V ^%> ), Signalized 2 Signalized 3 Unsignalized 4 Signalized 51 Unsignalized C E Intersection LOS= C(C)[El 8 4a Intersection LOS= D(E)[D) Intersection Right In/Out Only Intersection LOS= B(R)[C[ Intersection ` =B(A)lA) : . / �II(D)D11 4100- 7 £ C1 �lllB)[c1° `V* �t 7 +w�, t� 7 ♦ 7 �� "i o omcr G�� [Cl(C)C�► \ r tCl(E)c= �Y y� •[DIID)C� e 2 ; Signalized 'Suggested Intersection -.: Improvements" LOS= C(C�[CJ_'� Nlt N6 - 1 Lett g 8' S6 - I Left No Improvements P a ° d z ° � z No Improvements P No Improvements No Improvements Required "Ss(c1tR1 Required Required Required 7 tC1C� LRA_ i--PH Figure 9 P R+A 1 1 0 Denotes Improvements k Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] j� U Channelized Right turn -lane with 'STOP' condition fChannelized Right turn -lane with 'YIELD' condition 2010 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 15 • 0 • Table 4 Walgreens at Dairy Corner Place Levels of Service and Back of Queue (95%) Results 2010 Build -out Conditions tW/ assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour acof LOS B Qucuck PM Peak Hour LOS Back of Queue Saturda Pcak flour Back of LOS Queue Route 7 & I-81 SB Ramps/Shoney's Entrance Signalized B➢/L E 267.0 E 376.0 C 158.0 EB/r C 306.0 C 491.0 B 325.0 E➢/1'R Eli LOS C C C WB/L B 25.0 B 25.0 A 25.0 WB/r-Lmc I C 377.0 B 241.0 A 170.0 WBTLanc 2 WB/R A 25.0 A 25.0 A 25.0 WB LOS B A A NB/LT E 32.0 E 73.0 E 70.0 NB/R C 22.0 C 35.0 C 27.0 NB LOS D D D SII/L E 437.0 E 291.0 E 293.0 SB/LT E 448.0 E 286.0 E 295.0 SB/R A 25.0 A 25.0 A 25.0 SIt LOS D D D Overall LOS C C B Route 7 & I-81 NB Ramps[Valley Mill Road Signalized EB/L E 116.0 E 254.0 F 216.0 EBrr-Lane 1 C 501.0 D 542.0 C 424.0 EB/I'-Lane 2 EB/R A 25.0 A 38.0 B 202.0 EB LOS C C C WB/L D 55.0 E 160.0 D 130.0 WB/T-Unc I B 154.0 C 351.0 B 272.0 WB/I'-Lane 2 W B/r-Lane 3 WB/R A 25.0 A 25.0 A 25.0 WB LOS B C B NB/L-Lanc 1 C 145.0 D 186.0 C 136.0 NB/L-Lane 2 NB/rR E 1 310.0 E 1 257.0 E 1 228.0 NB LOS D D D SB/L-Cant I E 295.0 E 260.0 D 206.0 SB/L-Lanc 2 SBrr E 1 120.0 E 227.0 F 149.0 SII11 A 25.0 A 25.0 A 25.0 SB LOS D D D Overall LOS C C C Route 7 & Gateway Drive Signalized EB/L-Lanc I D 78.0 D 158.0 C 155.0 EB/L-Lane 2 EB/r-Lanc 1 A 149.0 A 212.0 A 194.0 EB/T-Lane 2 Ell LOS A A A WB/LU E 44.0 E 27.0 E 41.0 WB/r-Lane 1 B 360.0 C 583.0 C 621.0 WB/r-Lane 2 WB/R A 25.0 A 41.0 A 57.0 WB LOS B B C SB/L-Lanc I E 62.0 E 122.0 E 124.0 SB/L-Lanc 2 SB/R-Lane I B 32.0 B 53.0 B 51.0 SB/R-Lane 2 SB LOS C C C Overall LOS B B C Route 7 & Martins Lane Unsignalized Unsignalized EBrr EBrfR - - - - WB/r-Lanc I WB/r-lane 2 NII/R Valley Pike & Dairy Comer Place Unsignalized EB/LTR C 25.0 D 25.0 D 25.0 WB/LTR B 25.0 B 25.0 C 25.0 NB/L A 25.0 A 25.0 A 25.0 NB/rR A 25.0 A 25.0 A 25.0 SB/LTR A 25.0 A 25.0 A 25.0 Valley Mill Road & Site- Driveway#2 Unsignalized WB/LR B 25.0 B 25.0 B 25.0 NB/rR SB/LT A 25.0 A 25.0 A 25.0 Dairy Comer Place & Site Driveway#I Right In/Right Out EB/rR - - - - WBrr NB/R PHP1� . Assumed 25 feet Vehicle Length Mininuun queue length assumed to be 25 feet Ell = Eastbound, WB =Westbound, NB = Northbound, SB = Soulhbound L: Left, T:Thru, R: Right A Traffic Impact Analysis of the Walareens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 16 0 • CONCLUSION Based upon Synchro analysis results, assuming the suggested improvements as shown in Figure 9, all the study area intersections associated with the proposed Walgreens at Dairy Corner Place will maintain overall level of service "C" or better during 2010 build -out conditions. The following describes the improvements suggested for the study area intersections to maintain acceptable levels of service "C" or better during 2010 build - out conditions: • Route 7 (Berryville Pike)/I-81 SB Ramps: No improvements are required. • Route 7 (Berryville Pike)/I-81 NB Ramps/Valley Mill Road: This intersection will require improvements of a westbound through lane, a northbound left -turn lane and a southbound left -turn lane. (The aforementioned improvements are also necessary without the proposed Walgreen at Dairy Corner Place development). • Route 7 (Berryville Pike)/Martin Lane: No improvements are required. • Route 7 (Berryville Pike)/Gateway Drive: No improvements are required. • Dairy Corner Place/Site-Driveway #1: This is a new unsignalized right in/out only intersection. • Valley Mill Road/Site-Driveway #2: This is a new unsignalized intersection. NOTE: Funding source for the aforementioned improvements have yet to be identified. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. PHI2� A Traffic Impact Analysis of the Walgreens at Dairy Corner Place Project Number: 15824-1-0 September 04, 2008 Page 17 Q (I)ASTERISK DENOTES NEW PROPERTY UNE HEREBY CREATED e`� NOTE: SEE SWEET J OF J FOR NOTES AND LINE TABLE. � i 2 PIN 54-A-113 � FENCE N/F N. W. GARTISSCN, ET ALS POST ZONED: RP USE REISIDETITIAL CORNER !RS v34 PIN 54-5-10 N/F JACK E. JOFOM, ET ALS DB 779 PG 462 POT 0 ZONED 92 L1 \ USE VACANT PN 54F-3-A L4 /PF _ f IRS �� IR MSTR. p30009796 CMF L3 ` i rR% � �95J } � 360'13 R Dior ZONED. RP \\� ---=_ ---- ':�, v� - USE RESnElIT1AL lRF CM PK L6 IR/ +N6bd 9 10 •�� - PIN 54—A-112C PROPERTYUNESi� `\IRS RFSO. ' 18.619 ACRE.5 vACaTm (ADJUSTED AREA) i 1.946 ACRES BR1 (OM(;NAL AREA) �y i MO.92 \ �cc��3 h P/N 54—A-111 ' 190.00' �' IRS us�R 77.090 ACRES A186V4 49"W (ADJUSTED AREA) lR 2.3: 76J ACRES 4{t Q 4,�/a4ryry (ORIGINAL AREA) V ZUED: RP USE AGRICULTURAL a i �\ 'PPI54-A-112f N/F DAHD B. HOIJDAY- J20 EX. 10' /PL4 KM �' NIX130003490 rR i JOB 455 9�'T_ N/F FIRST BANK ZONED: RA � SJ NSTR p.30009796 USE RE9DENDAL ; �J` 63 4 So. (De E ZONED: RP —�-- '� ! ' O B4Oj 6R�55 PG 4 5�7 USE RESiDET1TIAL ~' 1� I 2 I (1l Q) T GRAPHIC SCALE 1/ R gs9�10 j/4�C��R 200 0 100 200 400 R /i.' ��C / / n C R p',40� ,na, -zoo rc F(,FNI� CURVE TABLE ! IPF - IRON PIPE FOUND NO. RADIUS ARC TAN BEARING CHORD', DELTA IRF - IRON ROD FOUND ---r-----T— T-----am— Cl 5000 205. 40 9528 N 377644 —T—T CMF -CONCRETE MONUMENT FOUND W 88.55 23572 36" r ---s- - --r --� —s--y h �iC2 ?O.OD 15.71' 829 S 47'J209 —1 --rr IRS -IRON R00 SET W 15.31 45b021 ICJ i 300 00',110 6363 i 55�95 i S 59— 7B 28 , 4— PKS - PK NAIL SET L110 �2107 BRL - BUILDING RESTRICTION LINE BOUNDARY LINE ADJUSTMENT 3� ,'TH OF P BETi1£EN 1NE LAND OF 220 SEAFOOD RESTAURANT, L C. t' f.� DEED! BOOK 862 PAGE 1298 y AND �f,U W. Marsh BARBI RI G. GANSE & Cl TN1r G. GI NSE S.S. I INSTR. /'030000101 001843 No.STONEWALL MAGISTERIAL DISTRICT 1dND fREPERICK COUNT 4RGINIA 2004 sUR`1E��4 IID 053B A SHEET 2 OF 4 DAF 1, MA"I1 1 i LJ � i 560 NORTH 1OTJDOUN STREET t� WDCHE9'.'ER, VIRG:NIA 22601 :,EL�1C�_ S1-- ^V@�70 "S, �..,. C. 667-0468 PHONEFAX �5 i 0� 667-0489 o J � NOTE-.- SEE SHEET 2 OF 4 FOR CURVE TABLE AND SEE SHEET TV ii a 4 OF 4 FOR UNE TABLE AND ADJOINER /NFORMA770N. �uN GRAPHIC SCALE IPN PIPE FOUND L T� 200 o Igo zoo 490 /RF - IRON ROD FOUND 1 CMF - CONCRETE MONUMENT FOUND IRS - IRON ROD SET 1 inch 200 fL PKS - PK NAIL SET 4 FENCE / 54-5-10 BRL - BUILDING RE57RIC77ON LINE PINPOST, / N/F JACK E. XWIST)N, ET ALS �nouco i 11x s_ 08 779 PG 462 (I)ASTERISKDENOTES NEW PROPERTY ZONED: B2 USE: VWAIiT t • P/N 54-A-112C 8.619 ADJUSTED AREA) 1.946 ACRES (MQNAL AREA) ZONED: RP USE: RES1DE I& 1 R (D9 4s5PC 47 �- 4 i� IV25�:l1 � 85) .0, UNE HEREBY CREATED 4'Ili'fs? �y PIN 54-5-8 �.b N/F RSF, LC. DO 925 PG 1168 f ZGIED: Y1 Rti� �xj� USE VACANT 3 ryh �h' P /RS RS' "PIN 54-A-109 N/T L YARD RUSSELL 1 DB 940 PG 2A ZONETL F� N07L�S ,j u\sE REsoo+Tw 41. NO 7771E REPORT FURNISHED. 2. PROPERTY IDEN 77F7CA 77ON NO. 54-A-111 & 112C '.i EASEUENTS OTHER THAN SHOW MAY BOST. 4. 7HE BOUNDARY INFORMA7701V SHOW HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON NOVEMBER 15, 2004. PIN 54-A-111 17.090 ACRES (ADJUSTED AREA) 23.763 ACRES (ONGINAL AREA) ZONED: RP USE AGRKIlLTURAL a10, v ®' ® IV25'iB;Tj 4 495)i` OIRSZ V 659/R ��- ® 9. QR/qB�E. Vq ® ®� BOUNDARY LINE ADJUSTMENT _�'' '�TH OF B£7K£EN THE LAND OF 220 SEAFOOD RESTAURANT, L. C. DEED BOOK 862 PACE 1298 AND BARBARA G. GINSE & CAiTHY G. GANSE 14;U S.w. Marsh 9" i 1NSIR. f030000101 No. 001843 STONEWALL MAGISTERIAL DIVRICT FRE � BER COUNTY, 3 V I R NIA m 6D638LA SHEET 3 OF 4 OAF ML Ali S 11 & i 1J �7 L 511WCHE5TER. VIRGmu 226o1 l T ! ane Surveyors, P. i, �'. PHONE (540) 887-0488 FAX (540) 887-0469 • r �i LINE TABLE UNE BEARING DIST. L 1 N 65 38 43 E 76.907 W LF N — 2545 22 W 7 33�00 L3 N 647-5 M 14-77 L 4 N 8377712' F1 72 54" L5 IS 16' 3"5—T£7123 B L6 SS 79--6T 65.90' I L7'IN 4379 12 E 139.20 1 LLB 'N 597B 48 W48 W 95.2 u L9 i , 757— 6 10'+W 147 4 q L 10 N 7139 26 161.08 P L 11 V 5779 28" E 77 50' Ii L12 S O43459" W 146.77�i i.S 1576'07" W 13Q 10' i f, L15 N 7570Jt" W 5999 6' N 157� 6 0 E 129.78' L 17 N 0171 SJ W 15B 50 1L18+N f1t752 Wi116.91"i i ADJOINER INFORMA 77ON PH 541-1-1 PW 541-1-2 PIN SQ-1-3 PIN 541-1-4 PIN 541-1-5 N/F SLVER LAKE, LLC N/F ACHAEL S. AND NA GEORGE W. WLLER, ,R. N/F DONALD L UOUTER tti N/F DONALD G. AND NNSTR. P06785 AIIANDA V. DClWAN DB 961 PG 1063 TAW WE BOCK CATM G. GANSE ZONED: RP NSTR P0010259 ZONED: RP DB 900 PG 567 DB 579 PG 817 USE: RE9DEN11AL ZONED: RP USE: RESIDENTIAL ZONED: RP ZOED: RP USE- REST MAL USE: RESDENT1AL USE: RESIDENTIAL © O ® O PW 541-1-6 PIN 541-1-7 PIN 541-1-8 PIN 541-1-9 PH W-1-10 N/F DONALD G. AND N/F DONALD G. AND N/1' DONALD G. AND N/F ClfiOCE G AND N/F JOHN CIANGOLA CATHY G. GANSE CATHY G. GANSE CATHY G, GANSE HAZEL IL ESSER DB 589 PG 44 08 579 PG 817 DB 579 PC 817 08 579 PG 817 OB 827 PG 150 ZONED: RP ZONED: RP ZONED. RP ZONED: RP ZONED: RP USE RESDENTIAL USE: RE90F)IT1AL USE RESDENTIAL USE: RESMIRAL USE; RE90EHTX O PIN 544-1-11 PMI 54-1-12 PH 544-1-13 PIN 54U-1-14 PIN %_1-15 N/F BRYAN A. BOTJE AND N/T DAMD L BRAGG N/F DAIE K. QB ENTS N/F LANCE C. T"W N/F RMALD 4L AND MARIA A. BOTJE DB 754 PG 1272 WSTR. +030018292 Nm. p0014805 BECKY ALLWSON DB 944 PG 1366 ZONED: RP ZONED: RP ZONED: RP DO 5K PG 315 ZONED: W USE: RESIDENTIAL USE RESIDENTIAL USE: RESWTIAL ZOET .. RP USE RESDENTIAL USE REMENT1AL (o © e PW 541-1-16 PIN 541-1-17 PIN %-1-18 N/F J014N GIANGOLA N/F DAVID R. AND NA K&G A! S9 TES OF ARG O 08 581 PG 50 RHONDA C. MANSON D8 713 PG 802 ZONED: RP DB 876 PG 1594 ZOED: RP USE: RESDENTIAL ZONED: RP USE: RESIDENTIAL USE RESIDDMAL BOUND'RY LINE /DJUS77,lENT JTH OF Lf SET 4£EN THE LAND OF 220 SEAT-61 'D RESILAURAN;r L. C. ' DEZ71 BOOK 662AND PAGE 129E V 9 BARBARA G. GANSF- & I:A GANSE S.W. Marsh INSTR. %OJOOOO101 No. 001843 STONEWALL MAGISTERIAL DISTRICT fREDICK CEMBER NNIA 3 2004 DEif yD 9UR`1���4 ID 6063BLA T� 0 , SHEET 4 OF 41 DAF MA� S 1 l Oi. � ICJ � iJ 5WINC TER, VIRGWU 22260 Land Surveyors, P.C. PHONE 540 887-0468 �• L.FAX �540) 887-0469 0 050006617 co THIS DEED OF BOUNDARY LINE ADJUSTMENT AND DEED OF CONFIRMATION made and dated this 3 1 " day of January, 2005, by and between BARBARA G. GANSE and CATHY G. GANSE, ("Ganse") parties of the first part, (Grantors for indexing purposes), and 220 SEAFOOD RESTAURANT, L.C., a Virginia limited liability company, party of the second part (hereinafter "220 Seafood") (Grantee for indexing purposes), and BARBARA G. GANSE and CATHY G. GANSE. Co -Executors of the Estate of Norman W. Garrison, Deceased, parties of the third part (Grantors for indexing purposes) and BARBARA G. GANSE, individually and as devisee under the Will of Norman W. Garrison, Deceased M (Grantor for indexing purposes). O WHEREAS, 220 Seafood is the owner of a certain tract or parcel of land lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being the same ryj ` land conveyed to 220 Seafood Restaurant, L.C., by Deed dated June 4, 1996 from Charles S. fJ' McCandlish, Substitute Trustee, of record in the Clerk's Office of the Circuit Court of Frederick r County, Virginia, in Deed Book 862 at Page 1298; and, `M 3 WHEREAS, Barbara G. Ganse and Cathy G. Ganse are the owners of a certain tract N of land lying to the northeast of the aforesaid 220 Seafood property; and being a portion of the i U same land devised to Barbara G. Ganse and Cathy G. Ganse under Article U, Section B, of the Will of Norman W. Garrison, deceased, dated June 3, 1999 and probated in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Will File 03-101; and further, under the Will of Norman W. Garrison, of record as aforesaid, the said Norman Garrison devised to his 1/) daughter, Barbara G. Ganse under Article I thereof, certain real estate described as "starting at ` and including the gas line tight -of -way which extends from Valley Mill Road in an northeasterly direction to Route 7, and moving in a northwestern direction"; and, WHEREAS, Barbara G. Ganse has directed the Grantors herein to Deed the property 1� devised to her to 220 Seafood Restaurant, L.C.; and, WHEREAS, the parties desire to effect a boundary line adjustment between the lands of 220 Seafood and Ganse, as shown on the plat of survey drawn by S. W. Marsh, L.S., dated December 13, 2004 and confirm that the tide to the adjusted 17.090 acre tract is vested in Barbara G. Ganse and Cathy G. Ganse, as tenants in common. Page 1 of 4 • 0 BK862PG 1298 �0 THIS DEED made and dated this 4th day of June, 1996, by and between CHARLES S. McCANDLISH, SUBSTITUTE TRUSTEE, Grantor, and 220 rColeman, RANT, L.C., Grantee. WITHESSETH: by Deed of trust dated May 30, 1989, from STAAR, nia corporation, to Dennis B. McLoughlin and H. n, Trustees, of record in the Office of the Clerk of r urt of Frederick County, Virginia, in Deed Book 714, 0 N Page 809, the said STAAR, INC., conveyed certain property therein .e, described, in trust to secure a certain debt; and c 00 WHEREAS, the Grantor herein was appointed Substitute Trustee by resignation and appointment of record in Deed Book 845, page L4 m m 450, among said records; and w WHEREAS, default having been made in the payment of the �4 3 indebtedness secured by said deed of trust, the holder of said note evidencing said indebtedness requested that said Substitute Trustee v execute the trust, declaring the indebtedness secured thereunder to a due and payable, and to make sale of said property as provided .a G � y said deed of trust; and M WHEREAS, written notice of such proposed sale was sent by N certified mail to the said STAAR, INC. (and by first class mail to illiam D. Pleasants, Jr., and the Internal Revenue Service, as junior lien -holders), on September 12, 1995, and after due dvertisement in The Winchester Star, a newspaper published and aving a general circulation in Frederick County, Virginia, on eptember 22 and 29 and on October 6, 1995, said, Substitute Swta. X.Cmusx aRocsroom rustee, did offer said property for sale at public auction on •no""rn •. u. esday, October 10, 1995, at 11:00 a.m., at the property, 1514 i I �'(862PG 1299 '!! 1 Berryville Pike, Winchester, Virginia, and after competitive, bidding, the real estate hereinafter described was sold and knocked; I down to Robert T. Ganse at a price of Four Hundred Fifty Thousand! Dollars ($450,000.00), who requested that the deed be executed in the name of the Grantee herein, t NOW, THEREFORE, for and in consideration of the sum of Fourj I Hundred Fifty Thousand Dollars ($450,000.00) cash in hand paid by the Grantee to the Grantor, receipt of which is hereby acknowledged` at and before the sealing and delivery of. this deed, said Grantor, does hereby grant and convey with Special Warranty of Title unto said Grantee the following real estate, together with all rights) and appurtenances thereto belonging, but subject to easements and;' i other matters of record: All of that certain tract or parcel of land with the+ improvements thereon and the appurtenances thereto belonging, lying and being situated in Stonewall Magisterial District,{ Frederick County, Virginia, and being more particularly described as containing 1.946 acres, more or less, and being; the total of the 0.266 acres and 1.6BO acres shown on that. certain plat made by H. Bruce Edens, C.L.S., of record in the, Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 641, at Page 140, together with a twenty-five (25) foot right-of-way more particularly described in that certain deed dated January 5, 19a2, and of record ins p the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 544, at Page 118. This is the same property which was acquired by STAAR, Inc. by deed dated May 30, 1989, and recorded in Deed Book 714, ati Page 807, among the same land records. The said Robert T. Ganse joins herein to confirm his request[ i I i that the property be conveyed to the Grantee as aforesaid. Witness the following signatures and seals: I IC,4�CQ�-(SEAL)_ � I Charles S. McCandlish Substitute Trustee 6MN. M C MDUS" ' R"IM OD n.avro, n�cm. (SEAL)_ Robert T. Ganse $MR. eeu■ous■ e soull"D �moete rt m vfJl0lW �YWY 31(852PG 300 STATE OF VIRGINIA City of Winchester, to -wit: The foregoing instrument was acknowledged before me this 1 4th day of June, 1996, by Charles S. McCandlish, Substitute Trustee. ;w My commission expires ty Cp SS M i u Bart I Not.- %'• ` `( 4 STATE OF VIRGINIA i City cf Winchester, to -wit: The foregoing instrument was acknowledged before me this 4th day of June, 1996, by Robert T. Ganse. i My commission expires 10��IIII t6r , �• No ary lic �L:• 41 ,.C. .I I ii VIROINIA: FREOER'CK CO'NTY. orS ve" to me on the Thle Inswument Awilt p was , jay tpat sad and wilh Oer11 a of a now'ledpmont tMerato e vaa pdnJttel record. s% Imposed by Sec. SB.1-t102 01 $ 58.1.ap1 have been psN• n �eseble. —f_ I i II ■ Y',y • (•)AS7ERISK DENOTES NEW PROPERTY LINE HEREBY CREATED NOTE. SEE SHEET 3 OF J FOR NOTES AND LINE TABLE. PL4 54-A-113 HA K x GAf1RfSCf1, ET ALS ZONED: RP USE: FESM11AL C6 1 of PMI54F-3-A /R L4 MS1R jD30009196 CMFZolch RP G USE' FESWTRIA. !RF Lti CM A, PIN 54-A-112C' 18.619 ACRES Z (ADJUSTED AREA) 7^� R 1.946 ACRES __ 2 `� �• (OKINAL AREA) BRL ZONED: B2 IRS 190, 00' USE RCOIAIERCIAL N66274 49"W gV c G� ! 4� k 411" �`Y V" r FENCE 1� LT 0 IRS v 1 -may PIN 54-5-10 N/F JACK E JOFf115ON, ET ALS DB 779 PC 462 ZONED: 82 USE VACANT -360.T3 —Illy, PROPERTY ONES i RS C HEREBY VACATED r PIN 54 r 4� 17.090 ACRES (ADJUSTED AREA) ' 2J 76J ACRES 45 -- ryryr� (ORIGINAL AREA) ZONETY. RP _N 4k, O�\ nII USE: A014CULTURAL RI r aa �\' PPI 5hA-112E y r p r NA DAVID B. H=AY- �2Q. �• fa 10' PIN W-3-Al KM 1030DO3490 !R r � (� 455 p"9ESW NA FRST BANK ZONED: RA IRS 7549. --� S7_\ Tk 1 INSTR P30009796 USE: RESaDE Rk ; j1' - �¢?- 50•ZONED: RP 0 USE F�fDE?fT1A1 PTO 4g5 /r I 01 2 63B, 0j F` 455 PC O r) 4 -` ROU OO v � v v� 6,Sg IRS, �I GRAPHIC SCALE QRYgB�E �10 V'A<<EyR 2r a too 20 .00 Th' R S - R0A D 1 Inch - 2001t CURVE TABLE L IpF —IRON PIPE FOUND 'NO. RADIUS" ARC I TAN BEARING i CHORD DEL TA I �C1 SO m . 2oaT— 43 .95 8 N 377'6 44'-W R%55 2m772 36 IRF - IRON ROD FOUND �F - CONCRETE MONUMENT FOUND c2 --, --r --r —T —Tr C2 20.OD i 15.71 1829 S 471209 W 15.31 45i�02f IRS - IRON ROD SET r 300.00 y 110 6363 �56 8 1 S 5978 2B 110 00 �21.0 4 PKS - PK NAIL SET BRL - BUILDING RESTRICTION LINE 4 BOUNDARY LINE ADJUSTMENT TH OF BETN14£EN THE LAND OF f. 220 SEAFOOD RESTAURANT, L. C. DEED BOOK 862 PAGE 1298 AND BARBI RI G. GANSE & V W ll' G. GI NSE 1, � S. w . Main INSTR. E030000101 % No. 001843 i, STONEWALL MAOSTERIAL DISTRICT leND FREDEICK COlNTY 3 NIA 2VIR 004 �� BO6�LA suR���o4 SHEET 2 OF 4 DAF I. V AR S T T 560 NORTH LOUDOUN STREET 1 1 1 1 1 1__I J�i_1 Ju WD"CHE9:.'ER, VIRGYU 22601 I� l__l(f_ S1 : ^VCGjTO "S, �. ,.C. PHOFAX MO) 667-0469 x• O WITNESSETH: NOW TH !,REFORE, in consideration of the mutual benefits to be derived therefrom, and in conformity with the Will of Norman W. Garrison, probated in the aforesaid Clerk's Office as Will File 03-101, the Grantors, Barbara G. Ganse and Cathy G. Ganse do hereby grant and convey with Special Warranty of title unto the Grantee, 220 Seafood Restaurant, L.C., a Virginia limited liability company, in fee simple absolute, all of their right, title and interest in and to that certain tract or parcel of land containing 6.673 acres, as shown on the plat of survey drawn by S. W. Marsh, L.S., and further designated thereon as Tax Map Parcel 54-A-112C and which plat is by this reference made a part hereof as if set out in full; AND BRING a portion of the same land of which Norman W. Garrison, died seised and possessed and which devise was to Barbara G. Ganse and Cathy G. Ganse by Will probated in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Will File No. 03-101 under Article II, B. The conveyance herein to be joined with the other land of the Grantee containing 1.946 acres to form a tract of land containing 8.619 acres, all of which is shown on the plat of survey drawn by S. W. Marsh, L.S., dated December 13, 2004, attached hereto and by this reference made a part hereof as if set out in full. Barbara G. Ganse, individually and as the devisee under the Will of Norman W. Garrison, under Article I of said Will hereby directs the conveyance herein to be made to 220 Seafood Restaurant, L.C. The parties of the thud part, as Co -Executors of the Estate of Norman W. Garrison, deceased, do join in the execution of this Deed of Boundary Line Adjustment and Deed of Confirmation to grant, convey and quit claim, unto 220 Seafood Restaurant, L.C., all of their right, title and interest, if any, in and to that certain tract or parcel of land containing 6.673 acres on the plat of survey drawn by S. W. Marsh, L.S., attached hereto and by this reference made a part hereof as if set out in full. FURTHER, Barbara G. Ganse, individually as devisee under the Will of Norman W. Garrison, deceased (Article I), and Barbara G. Ganse and Cathy G. Ganse, devisees under the Will of Norman W. Garrison (Article II, Section B) coo join in the execution of this Deed of Boundary Line Adjustment and Deed of Confirmation to confirm that title to the 17.090 acres (adjusted area) (PIN 54-A-111) is vested Barbara G. Ganse and Cathy G. Ganse, as tenants in Page 2 of: A. co CC) common, under Article II(B) of the Will of Norman W. Garrison dated. June 3, 1999, probated in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Will File No. 03-101, WITNESS fie following signatures and seals. A. , (SEAL) Barbara G. Ganse, Individually �la.luR '1Z lil� (SEAL) Barbara G. Ganse, Co -Executor of the Estate of Norman W. Garrison, Deceased eAt6/,Ja,1a — (SEAL) Cathy G. Gans , Co -Executor of the Estate of Norman W. Garrison, Deceased twit , Y(SEAL) Cathy G. Gans&, individually 220 SEAFOOD RESTAURANT, L.C., a Virginia limited liability company By: 4",u Z 114, (SEAL) Barbara G. Ganse, "Member/Manager STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT I,_y i 4 melt.+ S. `�� o�c a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify fiat Barbara G. Gause, Individually and as Co - Executor of the Estate of Norman W. Garrison, Deceased, whose name is signed to the foregoing DEED OF BOUNDARY LINE ADJUSTMENT dated the 3151 day of January, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this -Zel day of 2005. My Commission expires S<�.7� .3 woes �•� r . NOTARY PUBLIC Page 3 of 4 • is STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT I. a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Cathy G. Ganse, Individually and as Co - Executor of the Estate of Norman W. Garrison, Deceased, whose name is signed to be foregoing DEED OF BOUNDARY LINE ADJUSTMENT dated the 31" day of January, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this e"day of ��%s r , 2005. My Commission expires 30 .zocS NOTARY PUBLIC T STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT 1, V17t5,al.} ,S' `���rn�t y , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Barbara G. Ganse, Member/Manager of 220 Seafood Restaurant, L.C., a Virginia limited liability company, whose name is signed to the foregoing DEED OF BOUNDARY LINE ADJUSTMENT dated the 31" day of January, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. "� Given under my hand this � e 'day of i"/ter /c� , 2005. My Commission expires J,.f .30, _xocS NOTARY PUBLIC 3005-000IM,e R.E \ A?DEmof BmWry Lae Ad,.,W Page 4 of 4 CD OWNERS' CER77FICATF THE ABOVE AND FOREGOING BOUNDARY LINE ADJJSTM£NT IS BETWEEN THE LANDS OF 220 SEAFOOD RESTAURANT, LG PIN 54-A-112C) AND BARBARA G. CANSE AND CA THY G GANSE [PIN 54-A-111� AS APPEARS IN THE ACCONPANKNG PLATS AND IS W11N IH£ FREE CGWSENT AND IN ACCORDANCE WfTH THE DESIRES OF THE UNDERSICNED OWNERS, PROPRIETORS, AND TRUSTEE$ IF ANY. �I BY ON BEHALF OF 220 SEAFOOD RESTAURANT, LC CA THY' C� GANa `STATE of V � •� NOTARY PUBLIC a7YICDbV7Y OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON f` 1, S BY k (DATE) rLr)w ON BEHALF OF 220 SEAFOOD RESTAURANT, Lily \ �1 MY COMMISSION EXPIRES ON (NOTARY PUBLIC) 1 . STATE OF �� ►,1 a C1TY/C9fiN")` Or L z. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME O��t� /, 3 5 BY BARB" r Y G GANSE AND CA7?IY G. GANSE: (DATE) fie. Yw7� , �r J a oCCc, MY COMMISSION EXPIRES (NOTARY PUBLIC) �. SURVE"YOR'S CERl1F/CAT�' av 1 HEREBY CER77FY THAT THE LAND CONTAINED IN 7HIS BOUNDARY LINE AD,vST,UENT IS ]Vf LANDS ! A CANV£YED TO 220 SEAFOOD RESTAURANT, LG [PIN 54—A-172CJ BY DEED DATED 4 XW49,96, AS RECORDED /N DEED BOOK 862 AT PAGE 1298 AND THE LAND DEVISED 70 BARBARA G. GANSit 4ND CA THY G GANSE PIN 54—A-1/1J BY WILL DATED 3 VNE 1999, AS RECORDED AS WILL INSTRUMEW OW0000101 /At THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, V1RaN/A. BOUNDARY UNE ADJU577VlENT TH OF 3N. BETWEEN THE LAND OF 49� 220 SEAFOOD RESTAURANT, L.C. r.�. DEED BOOK 8522 PAGE 1298 "V y BI REX R1. G.GI NSE 1 c CA THY G. GANSE Mph INSTIL i030000101 No. 0018e3 31 STONEWALL MAGISTERIAL DISTRICT t (/5//D_5 4 fREDOBCOUN 2ON0RpN/A 4pD 3UR��go 1i SHEET 1 OF 4 T T r '1 560 NORTH LOUDOUN STRM �.Y�Hl�►Ji� OC, U �7iJ WE4C3ES'rM VRGINU 22601 la ' Lar..d Su.�^yeyo-s, C. PHFAX �540) 667-0468 ViewDetail 40 E Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 424870002 FRQ: 2 Sup#: 0 Name: 220 SEAFOOD RESTAURANT L L C Account#• 27761 Name 2: Map#: 54 A 112C Address: 238 HANGING TREE RD Description: 8.62 ACRES WINCHESTER VA 22603 Bill Date. 20081205 Due Date: 12/05/2008 Land: $1,126,500 Improve: $695,900 Use: Original Bill: $4,783.80 Payments: $4,783.80- Acres: Penalty Paid: Int Paid: 8.62 Amount Owed: Other: Last Date: 12/15/2008 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 12/5/2008 Charge 0 $4,783.80 $4,783.80 12/3/2008 Payment 19839 ($4,783.80) $0.00 12/12/2008 Abated 1477 ($66.41) ($66.41) 12/15/2008 Payment 87535 $66.41 $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.us/Applications/REPubliclnquiry/V iewDetail. aspx 5/8/2009 ViewDetail 9 r7J Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 424870002. FRQ: 2 Sup#: 10 Name: 220 SEAFOOD RESTAURANT L L C Account#: 27761 Name 2: Map#: 54 A 112C Address: 238 HANGING TREE RD Description: 8.62 ACRES WINCHESTER VA 22603 Bill Date: 20081205 Due Date: 12/05/2008 Land: $1,126,500 Improve: $695,900 Use: Original Bill: $4,783.80 Payments: $4,783.80- Acres: 8.62 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 12/15/2008 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 # Anxnunt Balance 12/5/2008 Charge 0 $4,783.80 $4,783.80 12/3/2008 Payment 19839 ($4,783.80) $0.00 12/12/2008 1 Abated 1477 ($66.41) ($66.41) 12/15/2008 1 Payment 87535 $66.41 $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 5/22/2009 0 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PHR-A 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 Frederick County Planning and Development Patrick Sowers July 14, 2009 Walgreens - Dairy Corner Place Proffer Signatures 15824-1-0 Memorandum Please find attached the notarized version of the Walgreens Dairy Corner Place Proffer Statement dated June 29, 2009. This proffer is the same as the version provided to you via e-mail on July 7`h If you have any questions, please feel free to call me at (540) 667-2139. JUL 1 4 Cry 0 Mike Ruddy From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Tuesday, July 07, 2009 2:23 PM To: Mike Ruddy Subject: RE: Walgreens. Attachments: walgreens.pdf Hey Mike, I've revised the walgreens proffer to include the following changes since the PC meeting: 1) Proffer 1.12 has been added to be explicit that street trees will be placed 50' on center along both Valley Mill Rd and Dairy Corner Place 2) Proffer 2.3 requires all buildings on the Property to utilize the same fa4ade materials to maintain a cohesive development pattern. 3) Proffer 2.4 has been added which dictates the design and materials used for the Walgreens store and references new Exhibit A which shows an elevation of the proposed walgreens. The revised proffer is attached. I'm waiting for a signature back from Bob Ganse for 220 Seafood.. They've had the proffer for a week so I should be able to get the signature tomorrow. Feel free to call if you'd like to discuss. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Mike Ruddy [mailto:mruddy@co.f rederick.va.us] Sent: Tuesday, July 07, 2009 11:44 AM To: Patrick R. Sowers Subject: Walgreens. Hi Patrick, I'm getting ready to prepare Walgreens for the BOS meeting on the 22nd. Do you have any changes or updates to this application since the PC? If so let me know as soon as possible. I do recall the PC talking about potentially incorporating additional architectural elements. I'll have the updated Staff report ready by Friday. Thanks. 1 • • Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. P"PI 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 117 East Piccadilly Street Suite 200 Winchester, VA 22601 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 Dear Mile: 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- 08) has changed substantially and will therefore be processed as a new application (RZ 03-09). Due to the fact that RZ 03-09 now supersedes RZ 12-08, I would like to request, on behalf of my client, to formally withdraw rezoning application 12-08 and proceed solely with the new application. Please feel free to contact me at (540) 667-2139 should you have any questions. Sincerely, Patton Harri Rust Associ tes Patrick R. Sowers • • Patton Harris Rust & Associates Engineers. Surveyoors. Planners. Landscape Architects. 117 East Piccadilly reet PH R-A Winchester, Virgiiat22601 T 540.667.2139 F 540.665.0493 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: cc: Eric Lawrence, AICP Frederick County Planning Patrick Sowers, AICP May 8, 2009 Walgreens — Dairy Corner Place Rezoning Application 15824-1-0 Memorandum Please find attached the following revised application materials for the Walgreens — Dairy Corner Place Rezoning Application: 1) Revised application with revised area and addition of 220 Seafood Restaurant LLC as part owner. 2) POA for 220 Seafood Restaurant LLC. 3) Revised Impact Statement 4) Proffer Statement dated May 6, 2009 5) Generalized Development Plan dated April 27, 2009 (both full size and 11x17 version) 6) Deed for 220 Seafood Restaurant parcel (TM 54-A-112Q 7) Revised VDOT comment dated May 8, 2009 8) Tax receipt for TM 54-A-112C The Applicant is finalizing the contract with the adjacent 220 Seafood Property owners and I will be able to provide you with a sign/notarized version of the Proffer Statement and POA early next week We would like to proceed back to the Planning Commission at the June 3, 2009 meeting to present the changes made. If you have any questions or would like to discuss, please feel free to call me at (540) 667-2139. MAY 8 ��C5 CJ CrTt /-vLK W kc�— 0 0 Mike Ruddy From: Rod Williams [rwillia@co.frederick.va.us] Sent: Monday, December 15, 2008 12:14 PM To: 'Patrick R. Sowers' Cc: 'Mike Ruddy' Subject: Walgreens - Dairy Corner Place Patrick, In preparation for this week's Planning Commission meeting, I have reviewed the updated materials for this rezoning, including the proposed Proffer Statement bearing a revision date of November 25, 2008. This latest revision appears to have addressed the comments in my letter of the same date, although I note that my comments there regarding Proffers 1.2 (now 1.3) and 1.6 (now 1.7) were merely directing staff's attention to particular terms. Therefore, as those items did not necessarily anticipate a response, they remain informational items for staff. I do, however, have questions on one of the new items, Proffer 1.12. Proffer 1.12 states that the Applicant "shall not object to modifications by VDOT" to site access to Dairy Corner Place. My questions concern what the terms "shall not object to" and "modifications" mean. With respect to "modifications", does that term include complete closure of the access? With respect to "shall not object to", does that mean that the Applicant will not require compensation for a modification of the access, including a modification that is a complete closure of the access? IZ.T:I Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwiIIiaC@,co.frederick.va.us U u 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 E-mail: November 25, 2008 rwillia@co.frederick.va.us Re: Walgreens — Dairy Corner Place — Proposed Rezoning Proffer Statement dated November 5, 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 1.2 — The TIA refers on page 17 to the site entrance on Dairy Corner Place as being a right-in/right-out entrance, but you have indicated in your e-mail correspondence to me of November 5, 2008 that, while VDOT originally suggested analyzing the entrance as a right-in/right-out, VDOT has not since provided any negative feedback to the entrance being a standard entrance. Therefore, my only comment is that staff should be aware, to the extent the matter is significant, that the Proffer Statement does not impose a right-in/right-out limitation. • Proffer 1.6 — Staff should be aware that the Proffer contains a sunset provision of five years for the County and VDOT to request that the Applicant perform the work for closure of access from Dairy Corner Place to Valley Mill Road and Staff should accordingly determine whether the sunset provision is acceptable. • Proffers 1.7 & 1.8 — It may be helpful to add number labels, referring to the commitments provided in these Proffers, on any future revisions of the GDP. • Proffer 1.9 — The reference to "site distance" should be to "sight distance" • Proffer 4.1 — For consistency with Proffers 3.1 & 3.2, the references to the Board of Supervisors should be to Frederick County. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers November 25, 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, P/ Roderick B. Wil iams County Attorney cc: Michael T. Ruddy, AICP, Deputy Director, Department of Planning and Development COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 D TO Fags A ,�U tj ,koredl Addr�a „! �►ed"%',dd Eastside Holdings LLC 1 (� A"• ed_�Re►",d� 2009 p PO Box 34 fipt a V Such 81" k'0w" Winchester, VA 22604 �1 tONu Hp ,f /�0 IlleB/y/, fib9r pB °X C,"`eptec/e NO � poa� _ �A bider ue 40,11% FMB �'��er• � =. ,;� .mow,.;.,; - 4 it 08i17i2009 Mailed From 22600LIZ US POSTAGEF 1111111111I11I11111111111111111(i11111/11till i1!1i11i111111111 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 13, 2009 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING #03-09, WALGREENS — DAIRY CORNER PLACE PINS: 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-Al, 54F-3-A2 AND A PORTION OF 54-A-112C Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 12, 2009. The above -referenced application was approved to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District, totaling four acres, with proffers, for Commercial Uses (pharmacy and general commercial uses proffered). 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, in the Red Bud Magisterial District. The proffer statement, dated September 4, 2008, with final revision date of June 29, 2009, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, T'J Michael T. Ruddy Deputy Planning Director MTR/bad Attachment cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue %,-Eastside Holdings, LLC, PO Box 31, Winchester, VA 22604 220 Seafood Restaurant, LLC, 238 Hanging Tree Rd., Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of I+REDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING August 4, 2009 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-09 FOR WALGREENS-DAIRY CORNER PLACE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, August 12, 2009, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following - application: Rezoning 403-09 of Walgreens-Dairy Corner Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres to B2 (Business General) District, with proffers, for commercial uses. 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, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F-1-9, 5417-1-9A, 54F-A- 30, 54F-3-A, 54F-3-A1, 54F-3-A2 and 54-A-112C. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Dent Street, Suite 202 o Winchester, Virginia 22601-5000 c that the attached correspondence waamailed to the follo«King on This l s ,,.xo rtify C from the Department of Planning and Development, Frederick Ka County, irg a: 54F - 1- 7- 54F - 1- - 9- EASTSIDE HOLDINGS LLC PO BOX 31 WINCHESTER VA 22604.0031 54 - A- - 112-C 220 SEAFOOD RESTAURANT L L C 238 HANGING TREE RD WINCHESTER VA 22603.3401 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 54 - A- - 112.0 BURNS DAVID M BURNS SVETLANA N 1675 FORT BRADDOCK CT WINCHESTER VA 22601.2851 54 - A- - 99-E WIN LLC 140 N. HATCHER AVE PURCELLVILLE VA 20132 54 - A- - 114- FREDERICK COUNTY SCHOOL BOARD PO BOX 3508 WINCHESTER VA 22604-2546 STATE OF VIRGINIA COUNTY OF FREDERICK , SORTO ARIOSTO ELGIN & MARIA E 1 COUNTRY CLUB DR SW LEESBURG VA 20175.4307 54F - A- - 30-A STATE HIGHWAY AND PO BOX 2249 STAUNTON VA 24402.2249 54F - 1- - 8- SHOEMAKER WILLIE & ANGELA 286 HUNTERSRIDGE RD WINCHESTER VA 22602.6801 54F - 1- - 6- GARRETT BETTY D 147 DOWELL J CIR WINCHESTER VA 22602.6182 54 - A- - 99-L WINCHESTER LAND HOLDINGS LLC 1625 APPLE BLOSSOM DR WINCHESTER VA 22601-5185 Mi�Pwddy,uty Planning,!:�rector Frederick County Planning Department ocelify a Notary Public in and for the State and County aforesaid, do he bat M' ael T. Ruddy, Deputy Planning Director for the Department of Plannin A d Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this y day of My commission expires on BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC CMAMONWEALTH OF VIRGINIA r>,;,r-�r� FXPIRHb JULY 31, 2011 4��ell �r �e NOTARY P LIC 54 -5- - 10- JOHNSON JACK E ETALS CIO JACK E JOHNSON 115 FIRELOCK CT WINCHESTER VA 22602.2504 54 -A- -111- GANSE BARBARA G 238 HANGING TREE RD WINCHESTER VA 22603.3401 541 -1- - 1- SHERMAN BERTHA A 217 VALLEY MILL RD WINCHESTER VA 22602.6251 54 -A- - 110-A COMMONWEALTH OF VIRGINIA CIO DEPT. OF HIGHWAYS PO BOX 2249 STAUNTON VA 24402.2249 54 - A- - 112-F MILLER BRUCE A MILLER WANDA R GARRIS 1037 FRONT ROYAL PIKE WINCHESTER VA 22602-4414 54 -A- - 112-G CCD CAPITAL INVESTMENTS LLC PO BOX 31 WINCHESTER VA 22604.0031 54 - A- - 112-M HAMILTON HARRY T 113 PLAINFIELD DR WINCHESTER VA 22602.2423 54 - A- - 112-N LASSITER ERIC M LASSITER MARGO K 13974 BLAZER LN LOVETTSVILLE VA 20180 54 - A- - 112.0 FARMER EDDIE M FARMER ANITA P 1818 VALLEY AVE WINCHESTER VA 22601 City of Winchester Tim Youmans, Planning Director Rouss City Hall Winchester, VA 22601 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 8, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-09 FOR WALGREENS-DAIRY CORNER PLACE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 22, 2009, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 903-09 of Walgreens-Dairy Corner Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres to B2 (Business General) District, with proffers, for commercial uses. 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, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F-1-9, 5417-1-9A, 54F-A- 30, 54F-3-A, 54F-3-A1, 54F-3-A2 and 54-A-112C. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certif 0t the attached correspondence wa0mailed to the follo«Ting on from the Department of Plaruung and Development, Frederick County, Virginia: 54F - 1- - 7- 54F - 1- - 9- EASTSIDE HOLDINGS LLC PO BOX 31 WINCHESTER VA 22604-0031 54 - A- - 112-C 220 SEAFOOD RESTAURANT L L C 238 HANGING TREE RD WINCHESTER VA Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 54 - A- - 112.1 BURNS DAVID M BURNS SVETLANA N 1675 FORT BRADDOCK CT WINCHESTER VA 54 - A- - 99-E WIN LLC 140 N. HATCHER AVE PURCELLVILLE VA SORTO ARIOSTO ELGIN & MARIA E 1 COUNTRY CLUB OR SW LEESBURG VA 20175.4307 54F - A- - 30-A STATE HIGHWAY AND PO BOX 2249 STAUNTON VA 24402.2249 22603.3401 54F - 1- - B. SHOEMAKER WILLIE & ANGELA 286 HUNTERSRIDGE RD WINCHESTER VA 22602.6801 54F - 1- - 6- GARRETT BETTY D 147 DOWELL J CIR WINCHESTER VA 22602.6102 54 - A- - 99-L WINCHESTER LAND HOLDINGS LLC 22601-2851 1625 APPLE BLOSSOM DR WINCHESTER VA 22601.5105 20132 54 - A- - 114- FREDERICK COUNTY SCHOOL BOARD PO BOX 3508 WINCHESTER VA 22604.2546 ichael T. Ruddy, Deputy Planning Direct Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDEMCK a Notary Public in and for the State and County aforesaid, docreby certify that miclael. T. Ruddy, Deputy Planning Director for the Department of Planning d Development, whose name is signed to the foregoing, dated 0 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of1if -��zi My commission expires on cl)� BEVERLY 11iDELLINGER NOTARY ID .# 331878 rj f NOTARY PUBLIC r " 'IMMONWEALTH OF VIRGINIA F "�)(v4v11SSION EXPIRES JULY:11, 201 1 54 . JOHNSON SON JACK E ETALS CIO JACK E JOHNSON 115 FIRELOCK CT WINCHESTER VA 22602.2504 54-A--111- GANSEBARBARA G 238 HANGING TREE RD WINCHESTER VA 22603-3401 541 - 1- - 1- SHERMAN BERTHA A 217 VALLEY MILL RD WINCHESTER VA 22602.6251 54 -A- - 110-A COMMONWEALTH OF VIRGINIA CIO DEPT. OF HIGHWAYS PO BOX 2249 STAUNTON VA 24402.2249 54 - A- - 112-F MILLER BRUCE A MILLER WANDA R GARRIS 1037 FRONT ROYAL PIKE WINCHESTER VA 22602.4414 54 - A- - 112-G CCD CAPITAL INVESTMENTS LLC PO BOX 31 WINCHESTER VA 22604.0031 54 - A- - 112-M HAMILTON HARRY T 113 PLAINFIELD DR WINCHESTER VA 22602.2423 54 - A- - 112-N LASSITER ERIC M LASSITER MARGO K 13974 BLAZER LN LOVETTSVILLE VA 20180 54 - A- - 112.0 FARMER EDDIE M FARMER ANITA P 1818 VALLEY AVE WINCHESTER VA 22601 City of Winchester, Planning Department Mr. Tim Youmans Rouss City Hall Winchester, VA 22601 Ll COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 5, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 403-09 FOR WALGREENS-DAIRY CORNER PLACE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 17, 2009, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-09 of Walgreens-Dairy Corner Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres to B2 (Business General) District, with proffers, for commercial uses. 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, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F-1-9, 54F-1-9A, 54F-A- 30, 5417-3-A, 54F-3-Al, 54F-3-A2 and 54-A-112C. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Plarming Director ffff"W:hT07 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to certify �at the attached correspondence v�Tflmailed to the folio«ring on 4aq from the Department of Planning and Development, Frederick County, Virginia: 54 - A- -114- 54F - 1- - 9- EASTSIDE HOLDINGS LLC PO BOX 31 WINCHESTER VA 22604.0031 54 - A- - 112-C 220 SEAFOOD RESTAURANT L L C 238 HANGING TREE RD WINCHESTER VA 22603.3401 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 City of Winchester, Planning Department Mr. Tim Youmans Rouss City Hall Winchester, VA 22601 54 - A- - 112.0 BURNS DAVID M BURNS SVETLANA N 1675 FORT BRADDOCK CT WINCHESTER VA 54 - A- - 99-E WIN LLC 140 N. HATCHER AVE PURCELLVILLE VA FREDERICK COUNTY SCHOOL BOARD PO BOX 3508 WINCHESTER VA 22604.2546 54F - 1- - 7- SORTO ARIOSTO ELGIN & MARIA E 1 COUNTRY CLUB DR SW LEESBURG VA 20175.4307 54F - A- - 30-A STATE HIGHWAY AND PO BOX 2249 STAUNTON VA 24402.2249 54F - 1- - 8- SHOEMAKER WILLIE & ANGELA 286 HUNTERSRIDGE RD WINCHESTER VA 22602.6801 54F - 1- - 6- GARRETT BETTY D 147 DOWELL J CIR WINCHESTER VA 22602.6182 t 22601.2851 Michael T. Ruddy, Deputy Planning Director 20132 Frederick County Planning Department STATE OF VIRGINIA COUNTY OF_FREDERICK I,� a Notary Public in and for the State and County aforesaid, do re -by certify that Mic el T. Ruddy, Deputy Planning Director for the Department of Planning an Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my 54 - A- - 99-L WINCHESTER LAND HOLDIN C 1625 APPLE BLOSSOM DR WINCHESTER VA 22601.5185 54 - 5- - 10- JOHNSON JACK E ETALS CIO JACK E JOHNSON 115 FIRELOCK CT WINCHESTER VA 22602.2504 54 -A- - 111- GANSE BARBARA G 238 HANGING TREE RD WINCHESTER VA 22603.3401 541 - 1- - 1- SHERMAN BERTHA A 217 VALLEY MILL RD WINCHESTER VA 22602.6251 54 -A- - 110-A COMMONWEALTH OF VIRGINIA CIO DEPT. OF HIGHWAYS PO BOX 2249 STAUNTON VA 24402.2249 54 - A- - 112-F MILLER BRUCE A MILLER WANDA R GARRIS 1037 FRONT ROYAL PIKE WINCHESTER VA 22602.4414 54 - A- - 112-G CCD CAPITAL INVESTMENTS LLC PO BOX 31 WINCHESTER VA 22604.0031 54 - A- - 112-M HAMILTON HARRY T 113 PLAINFIELD DR WINCHESTER VA 22602.2423 54 - A- - 112-N LASSITER ERIC M LASSITER MARGO K 13974 BLAZERLN LOVETTSVILLE VA 20180 54 - A- - 112.0 FARMER EDDIE M FARMER ANITA P 1818 VALLEY AVE WINCHESTER VA 22601 -0q r ��' �JP7-. l � l 1 / CZe—Ici Adjoining Property Owners TO:BARBARA-DATA PROCESSING Rezonin FROM:BEV - Planning Dept. g Please r'nt - sets o A G/= Owners of property adjoining the land will be notified of the Planning uI.0 1— ---- 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-1120 54-A-112D AND 54-A-112P Winchester, VA 22601 Name: 220 Seafood Restaurant, LLC 238 Hanging Tree Road Property#: 54-A-113,--" Winchester, VA 22603 Name: Win, LLC / 1100 Fifth Ave S, Ste 210 Property#: 54-A-99E ✓ Na les, 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,v54F-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 t Winchester, VA 22602 Name: Winchester Land Holdings LLC 1625 Apple Blossom Dr Property#: 54-A-99L ,-Z Winchester, VA 22601 Name: 220 Seafood Restaurant, LLC 238 Hanging Tree Road Property#: 54-A-112A Winchester, VA 22603 Name: Jack Johnson et als 115 Firelock Ct Property#: 54-5-10 �Z Winchester, VA 22602 Name: Barbara Ganse 238 Hanging Tree Road Property #: 54-A-111 Winchester, VA 22603 Name: Bertha Sherman 217 Valley Mill Rd Property#: 541-1-1 Winchester, VA 22602 Name: Commonwealth of Virginia P.O. Box 2249 Property#: 54-A-110A Staunton, VA 24402 Name: Bruce and Wanda Miller 1037 Front Royal Pike Property#: 54-A-112F-! Winchester, VA 22602 4 0 Name: CCD Capital Investments P.O. Box 31 Property#: 54-A-112G --' Winchester, VA 22604 Name: Harry Hamilton 113 Plainfield Dr Property#: 54-A-112M i Winchester, VA 22602 Name: Eric and Margo.Lassiter 13974 Blazer Lane Property M 54-A-112N Lovettsville, VA 20180 Name: Eddie and Anita .Farmer 1818 Valley Avenue Property M 54-A-1120 'L/ Winchester, VA 22601