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HomeMy WebLinkAbout011-03 For My Kids LLC - 2.020 acres RA to B2 - Red Bud - BackfileCASH Date _ Received From Address Lw" _J UNQ— For ACCOUNT AMT PAID BALANCE v CASH PAID -. MW ZZ Zc 03401 ollars$'IS/ �� Jiw�4��� Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: LI�VDOT City of Winchester GIS (Road Name Review) Sanitation Authority 6, Health Department %Inspections Department L_ ' Parks & Recreation i e..i Fire Marshal County Engineer 2. One copy of the subdivision application Application received. Fee paid (amount: $ vo ) Information entered in d-BASE and Reference Manual File given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment oZ b Updated d-BASE and Reference Manual V File given to Renee'- to update Application Action Summary Final plat(s) submitted with review agency signatures along with: -------- Recorded deed of dedication ----- ------ -- Bond estimate (if required) $ O'\Operations ManuiRsubdivision irk lk v sod' 0/24l02 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: e)4 c er COMPANY: FAX #: D -a "d., 6 1 Date: -1�aR0 1()` Number of Pages (including cover sheet) �p Remarks: (.�CC Y s) From the desk of. �Z f �. cAk TRANSMISSION VERIFICATION REPORT TIME 07/20/2004 13:57 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.0 BROC2J178677 DATE DIME 07/20 13:55 FAX NO./NAME 97223787 DURATION 00:01:43 PAGE(S) 06 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department of Planning and Development 107 North. Kent Street, Suite 202 • Winehester, Virginia 22601-5000 Telepbone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: JC COMPANY: =Numb(including cover sheet) FAX #: CO ofREDERICK Department of Planning and Development 540/665-5651 11, 2003 Mr. Tim Stowe, PE, LS Executive Vice President Anderson & Associates 7722 Main Street Middletown, Virginia 22645 RE: Rezoning #11-03 of For My Kids, LLC -Shenandoah Honda Dear Tim: FAX: 540/ 665-6395 This letter is in response to the request from Anderson & Associates on behalf of Mr. John Ross, to rezone 2.02 acres from the RA (Rural Areas) zoning district to the B2 (Business General) zoning district. On December 10, 2003, the Frederick County Board of Supervisors voted in favor of rezoning parcels 55-A-80 and 55-A-81 to allow for business land use at this location on Berryville Pike (Route 7), approximately 185 feet south of Greenwood Road (Route 656) in the Red Bud Magisterial District. The proffers that were approved as part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. This confirmation of the Board's approval is for you and your client's records. Please feel free to contact me with any questions regarding this approval. 'Sincerely, Abbe S. Kennedy Senior Planner ASK/bad Attachments cc: ,Gina A. Forrester, Red Bud District Supervisor ,-Plat Gochenour, Red Bud District Planning Commissioner ---Marie F. Straub, Red Bud District Planning Commissioner /1C�Ir. John Ross , 1-Mr. Ben Butler /Alex Grey, Planning GIS Jane Anderson, Real Estate 107 Forth Kent Street • Winchester, Virginia 22601-5000 i AMENDED PROFFER STATEMENT FORMYKIDS, LLC REZONING Tax Parcel No. 55-A-80 55-A-81 Stonewall Magisterial District, Frederick County, Virginia Preliminary Matters Pursuant to Section 15.2-2296, et seq., of the Code of Virginia,1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application No. 11-03 for the rezoning of 2.020 acres from RA, Rural Agriculture, to B2, Business General District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and its legal successors and assigns. The subject property, more particularly described as the land owned by FORMYKIDS, LLC being Tax Map Parcel No. 55-A-80; 55-A-81, and further described by boundary and topographic survey of the land of FORMYKIDS, LLC, drawn by Anderson and Associates, Inc., dated the 10"' day of March, 2003, filed with the application for Rezoning and by this reference made a part hereof as if set out in full. A. Land Consolidation The applicant hereby proffers that the lots shall be consolidated into one tract of land containing 2.020 acres. B. Land Use Restriction The applicant hereby proffers that the following land uses shall be prohibited on any portion of the subject site that is zoned B2, Business General District: SIC 5541 Gasoline Service Stations SIC 7999 Golf driving ranges and miniature golf courses SIC 7999 Commercial batting cages (No SIC) Adult Care Residences and Assisted Living (No SIC) Adult retail uses SIC 054 Food Stores SIC 058 Restaurants 0 6 C. 10 SIC 701 Hotels and Motels SIC 704 Organization Hotels and Lodging SIC 7542 Car Washes SIC 8351 Child day-care facilities SIC 5199 Advertising specialties - wholesale (No SIC) Commercial sport and recreation clubs Transportation 1. Access The applicant hereby proffers that access to Berryville Pike (U.S. Route 7) shall be limited to one commercial entrance. The applicant further proffers that the location of the entrance shall be with the approval of the Virginia Department of Transportation. The design and construction of the new commercial entrance shall be provided in conjunction with the approved site plan for the 2.020 acre tract. If the footprint of the main structure exceeds 25,000 square feet, then the applicant will be required and does agree that a traffic impact analysis will be performed and any necessary improvements warranted by said study and required by VDOT shall be made. In addition to the above, in the event that the property is utilized for a use other than a Major Group 55 (SIC), then the applicant agrees that a traffic impact analysis will be performed and any necessary improvements warranted by said study and required by VDOT shall be made. Site Development 1. Berm / Knoll The applicant hereby proffers to construct a berm or knoll parallel to Route 7 so that except for the entrance way, there will be the berm or knoll of at least 3 feet in height to act as a visual buffer from traffic proceeding along Route 7 in an easterly direction. In addition, a decorative board -on -board fence, not to exceed ten (10) feet in height, shall be constructed on the other portions of the property which borders on existing RA zoned land. No chain link fencing will be used which will be visible from outside the premises. 2. Signage The applicant hereby proffers to erect one monument sign, not exceeding ten (10) feet in width or fifteen (15) feet in height and which structure shall be constructed of stone, brick, wood and steel with sign facing as required by the franchisor. The appropriate design of the sign shall indicate the businesses located in the subject property and which sign shall be as set forth on the site plan to be submitted to Frederick County. A sign plan will be submitted to the Frederick County Building 2 E 0 official for review and approval prior to any use of the existing freestanding business sign. 3. The applicant proffers that it will clear the stream bed known as "Ash Hollow Run" of debris and will agree to maintain the creek bed located on the property so that the stream will be visibly pleasing with a grass embankment from the berm/knoll to be constructed down to the water's edge and a grass embankment between the stream and the property of Virginia Department of Transportation (Route 7 Right of Way). 4. Public Water and Wastewater The applicant hereby proffers that it will only utilize public water and will not construct private septic systems to serve the property, but rather will only use public wastewater facilities as its wastewater management. E. Buffer and Screening The applicant hereby proffers to maintain ornamental trees or bushes along the berm or knoll which parallels Route 7. The design and planting of the ornamental trees or bushes shall be provided in conjunction with the approved site plan for the 2.020 acre site. In addition, the applicant shall plant five percent (5%) more ornamentals along the berm or knoll as may be required by the County of Frederick's classification set forth in the Zoning Ordinance. F. Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event Rezoning Application No. 11-03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia, the following amount: The sum of $500.00 to the Treasurer of Frederick County to be redistributed by Frederick County for capital facilities costs of fire and rescue services. This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid within ninety (90) days following the approval of the rezoning by the Board of Supervisors. FORMYKIDS, LLC BY: (SEAL) Jon oss, Manager 3 0 • STATE OF VIRGINIA CITY OF 7CH ESTER,TO- U .tea Notary Public in and for the State and jurisdiction aforesaid, o hereb rtify thatTohn Ross, Manager of FORMYKIDS, LLC, whose name is signed to the foregoing Amended Proffer Statement has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this My Commission expires _ 11764w: A vended Proffer Statement Mmpd ' day of November, 2003. 0 9 REZONING APPLICATION #11- 03 FOR MY KIDS, LLC.- SHENANDOAH HONDA Staff Report for Board of Supervisors Meeting Prepared: December 1, 2003 Staff Contact: Abbe S. Kennedy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in snaking 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. As this application proceeds through the legislative reviewprocess, the ntethod(s) of resolution for each issue proposed by the applicant(s) and/or recommended by the Planning Commission or Board of Supervisors will be stated in the text of this report. Reviewed Action Planning Commission: 11/19/03 Recommended Approval Board of Supervisors: 12/10/03 /fPiieCVw- NOTE: This application was originally scheduled for public hearing on October 15, 2003. However, due to the site not having been posted for public hearing, this item was postponed and rescheduled for the November 19, 2003 Planning Commission meeting. Planning Staff continents are UPDATED agenda to reflect the revised proffer statement submitted by the applicant on October 21, 2003, and the revised proffer statement submitted November 25, 2003. PROPOSAL: To rezone 2.020 acres from RA (Rural Areas) District to B2 (Business General) District. LOCATION: The property is on Route 7, approximately 185 feet southeast of the intersection of Greenwood Road and Route 7. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-80 and 55-A-81 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) District, Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) Use: Red Bud Run Elementary and Millbrook High School Use: Grace Brethren Church Use: Residential West: RA (Rural Areas) Use: Grace Brethren Church • 0 REZ #11-03, For My Kids, LLC Page 2 December 1, 2003 PROPOSED USE: Retail/Business REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached letter dated 08127103 from Lloyd Ingram, Transportation Engineer. Fire Marshal: Frederick County Code section 90-4 requires a fire hydrant be located within 300 feet of all portions of buildings in commercial development. The measurements are to be taken by the centerline of the roadway surfaces on the property. Additionally, buildings exceeding 12,000 square feet may be required to be fire sprinklered or provided with fire separation assemblies. An automatic fire sprinkler system will require an additional fire hydrant dedicated to the support of the sprinkler system, and shall be located within 50 feet of the Fire Department Connection. Proffering of buildings for fire department training must be addressed through comments with the Greenwood Volunteer Fire & Rescue Company and no guarantee is given or implied as to permitting for demolition by burning. State and .local laws and ordinances require additional steps and precautions for open air burning. Frederick -Winchester Service Authority: No comments. County Engineer: Please see attached letter dated 08/05/03 from Harvey Strawsnyder, Jr., Director of Public Works. Sanitation Authority: The sewer line will be a private lateral. The owner will need to obtain the required easements and/or VDOT permits. The Authority has an existing 10' water line along the east side of Greenwood Road. Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner I, dated 06120102. County Attorney: Proffers appear to be in proper fonn. Winchester Regional Airport: Please see attached letterfrom S. R. Manuel, Executive Director, dated 06110103. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephenson, VA/WVA Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) district by the adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. This amendment resulted in the re -mapping of all properties zoned A-1 and A-2 land to the RA (Rural Areas) zoning district. 0 • REZ #11-03, For My Kids, LLC Page 3 December 1, 2003 2) Location The property is located adjacent to eastbound Berryville Pike (Route 7), approximately 185 feet southeast of the intersection of Greenwood Road and Berryville Pike. Access to the property is currently via a small bridge over Ash Hollow Run. 3) Comprehensive Polices The subject parcels lie within the Frederick County Urban Development Area (UDA), and are located within the study area of the Route 7 East Land Use Plan. The Route 7 East Land Use Plan does not indicate a particular land use for this property. The land use plan specifically designates business land uses west of the school site along the Route 7 corridor to the city limits. Despite the relative silence of the plan in the subject area, some business land uses may be appropriate in this section of the corridor. The Route 7 Corridor has the most limited study of the three corridors studied in terms of the potential for further commercial development. This does not mean that the corridor is not expected to change dramatically in the coming years, rather, the intensity of change is not expected to be as great as the Route 50 or Route 11 corridors. (Frederick County Comprehensive Plan, Chapter 6, page 29) For the business corridors that do have area plans, a primary objective is to ensure that the development that does take place within the corridor is of a standard that reflects favorably on the area. (Frederick County Comprehensive Plan, Chapter 6, page 13) Route 7 is classified as a major arterial road according to the VDOT functional classification of roads, and is a major east -west route connecting Frederick County with the Washington Metropolitan Area. Enhancement of the visual quality of the corridor as a business corridor is encouraged. The appearance of enhance gateways into the Winchester/Frederick County area is of concern to both the City of Winchester and Frederick County, as depicted in the report of the Chamber of Commerce's Corridor Appearance Task Force. Controls on signs along our primary highways play an important role in establishing the character of business corridors. Additionally, appropriate measures for buffers and screening are critical. (Frederick County Comprehensive Plan, Chapter 6, page 10) The Route 7 Corridor in this vicinity is known as the Berryville Canyon, in the core area of the Third Battle of Winchester, as identified by the National Park Service (NPS) in its study of Civil War Sites in the Shenandoah Valley of Virginia and the Shenandoah Valley Battlefields Nations Historic District Management Plan. Planning Sta„�EComment The absence of a land use designation for this site suggests that its conversion for commercial use is not the express objective of the land use plan, however some businesses may be appropriate along this portion of the corridor, if considered compatible. Careful consideration of business uses REZ #11-03, For My Kids, LLC Page 4 December 1, 2003 should be applied to this location, and other sites within the un-designated portions of the the Route 7 East Land Use Plan. Specific impacts of specific commercial uses need to be considered on a case by case basis, and rezoning of the land should be consistent with the concepts of corridor enhancement, and of a standard that reflects favorably on the area . Quality business, office, and industrial uses can enhance areas of economic development potential. The applicant, through the proffer statement, has attempted to address these issues through effective landscaping, stream protection measures, and the materials and size limitations of structures and sign features. These efforts can assist in visual enhancement of the corridor. The saving of mature trees whenever possible and providing buffers in the form of plants, walls or berms can assist in mitigating the visual impact of the proposed use on the Route 7 right-of-way and on the adjoining uses. 4) Site Suitability Impact Analysis Statement: There are no wetlands on the site. FEMA reports do not show a detailed flood study in this area. Specific soil types are Berks Chamieiy silt loam and Weikert-Berks Channeiy silt loam, neither of which is considered prime agricultural soil. Approximately five acres of the site consists of slopes greater than 15%. There are no mature woodlands; however, there are mature trees on the adjacent Route 7 right-of-way east of the existing bridge. It is the applicant's intent to save the mature trees east of the existing bridge, however, some may be impacted by the entrance requirements. Planning Staff Comment: Ash Hollow Run borders the northeast end of the property, and through the VDOT right-of-way north of the remainder of the site. Currently, the site drains north via a natural swale along the center of the property directly to Ash Hollow Run. An existing 50"corrugated metal pipe/bridge that conveys the entrance to the property will be replaced with a new crossing. The applicant states that the existing general drainage pattern will be maintained, and onsite measures for stormwater management will be provided to reduce impacts to Ash Hollow Run. The applicant will be required to provide a 35' riparian buffer fiom the scar line of Ash Hollow Run, during the site planning of the subject property. 5) Intended Use Impact Analysis Statement: The applicant's Impact Analysis states that Shenandoah Honda is proposing to relocate their operations to a new facility that will be constructed on this subject site, which is 2.02 acres comprised of two parcels. The proposed facility will consist of a building that has approximately 20,000 sq. ft. of floor space. The application breaks down the square footage to 2,000 sq. ft. of office area, 4,000 sq. ft. of retail, and 10,000 to 12,000 sq. ft. of warehouse space. Service area REZ #11-03, For My Kids, LLC Page 5 December 1, 2003 is proposed at approximately 2,000 sq. ft. Planning Staff Comment Update: Staff would note that the approval of a B2 zoning district for this property could result in some other allowed use within the B2 district. There is no guarantee from the applicant that the relocation of Shenandoah Honda will be the use on the subject site should this rezoning request be approved. However, the applicant has proffered to prohibit several uses on the site, to include the following: Golf driving ranges and miniature golf courses; commercial batting cages; adult care and assisted living; and adult retail uses; food stores; restaurants; hotels and motels; organizational hotels and lodging; car washes; day-care facilities; advertising specialties; and commercial sport and recreation clubs. Uses that would remain allowable on the site include: automotive dealers, gasoline service stations, miscellaneous retail, and general merchandise stores. 6) Potential Impacts. a) Transportation bnpact Analysis Statement: The applicant states that there is not a land use description in the ITE Trip Generation Manual that closely matches the intended use. The closest match to the intended use of Shenandoah Honda would be "new car sales and automobile repair facility", which is included in the Major Group 55 of the Standard Industrial Classification (SIC) manual. The applicant projects trip generation for the site based upon the existing Shenandoah Honda facility, which would yield 20 peak hour trips and 240 trips on average per weekday. The hours of operation will not include morning rush hour time when traffic is heaviest on eastbound Route 7. It is anticipated that one tractor -trailer will access the site every other day for deliveries. Therefore, a new entrance will be required to access the site to accommodate these trucks, and a pavement taper leading up to the entrance will be required. Agency Comment VDOT has stated in a letter dated August 27, 2003, that VDOT has determined that the applicant's entrance is allowable. VDOT notes that entrance design modifications may be required through the site plan review process. Planning Staff Comment Update: Based on VDOT data, the Average Annual Weekday Traffic Volume Estimate for this section of Berryville Pike (Route 7) is 24,000 vehicles per day. Therefore, based upon the applicant's projections, the proposed facility will result in an increase in Route 7 traffic of approximately 1 % daily. Staff notes that the transportation comments are based on the trip generations of the existing Shenandoah Honda facility, and that the impacts of other permitted uses in theB2 zoning district could exceed the impacts identified by the applicant's traffic analysis. However; in the proffer revision, the applicant attempted to address this contingency. The proffer statement notes that in the event the property is utilized for any use other than one included within SIC 55, a new traffic impact analysis will be performed and the necessary improvements REZ #11-03, For My Kids, LLC Page 6 December 1, 2003 warranted by the study and required by VDOT shall be made. Staff would note that a use such as Shenandoah Honda would be specifically classified under SIC 5571, and a number of other uses in the SIC 55 could have a greater traffic generation. It appears that VDOT's initial comments to the applicant were discussed and concerns addressed. VDOT was not satisfied that the transportation proffers in the rezoning application dated May 2003 addressed the transportation concerns associated with this request. In a letter dated August 5, 2003 from Mr. Tim Stowe of Anderson & Associates to Mr. Lloyd Ingram of VDOT, Mr. Stowe addresses topics of concern by VDOT. In a letter dated August 18, 2003, VDOT determined that the applicant's "Alternative 1" entrance is allowable. As noted in the Business Corridor Conclusion section of the Comprehensive Plan, adequate traffic modeling studies and traffic patterns need to be analyzed to insure that new intersections and entrances are adequately designed and constructed. Adequate distances need to be provided when new entrances are established, and standards to insure that turn lanes allow for sufficient stacking of vehicles exists as well as adequate signage and pavement marking provided. (Frederick County Comprehensive Plan, Chapter 6, page 43-44) b) Historic Resources Impact Analysis Statement: The applicant states in the final Impact Analysis Statement, that there are no historic sites that will be impacted by the rezoning of this property. HRAB Comment The Historic Resources Advisory Board (HRAB) recognizes the Route 7 corridor, as an important historic route into the City of Winchester. The HRAB is interested in preserving and aesthetically improving the corridor, with an emphasis on increased landscaping. The HRAB had concerns regarding the loss of core battlefield areas, and the views associated with the Berryville Canyon. Specifically the potential impact of lighting, chain link fencing, parking and inappropriate architecture on the integrity of the historic Berryville Canyon were identified as concerns. The HRAB was not in favor of the proposed rezoning. Planning Staff Comment: The applicant has proffered to create a three foot high berm to act as a visual buffer from traffic proceeding along Route 7 East. In the revised proffer, the applicant offers to exceed the requirements of the zoning ordinance by planting 5% more ornamental trees or shrubs along the berin. The applicant has proffered that no chain link fence will be visible from outside the premises and that a board on board fence, not to exceed 10 feet in height shall border the adjoining RA zoned land. Staff would note that these efforts have been initiated by the applicant in an attempt to address the concerns of the HRAB and mitigate the visual impact of the site to the Route 7, "Berryville Canyon" corridor. c) Water & Sewer Impact Analysis Statement: REZ #11-03, For My Kids, LLC Page 7 December 1, 2003 The water usage is estimated at approximately 700 gpd, and it is anticipated that a tap will be made along the 10" water main that runs along the northern property line within the right of way of Route 7. It is estimated that the Shenandoah Honda facility will generate approximately 700 gpd of wastewater. It is projected that the wastewater will be pumped to the south along Greenwood Road and connect to the FCSA's system. Agency Comments: FCSA- The Frederick County Sanitation Authority notes that the sewer line will need to be a private lateral, and that there is an existing 10" water line along the east side of Greenwood Road. Frederick Winchester Health Department - The health department has no objection to this rezoning proposal as long as public water and sewer is provided. Public Works - The proposed design will incorporate a pump station to lift the sewage to a manhole located to the south off of Greenwood Road. The discussion should indicate if sufficient easements are available to construct the force main, especially within the Route 7 right of way. PlanninStaff Comment: Business and industrial areas need to be served by public sewer and water. (Frederick County Comprehensive Plan, Chapter 6, page 11-12) The applicant has proffered to use public water and sewer. The plan for sewage conveyance will be required through the site plan process. d) Drainage Impact Analysis Statement: Storinwater from the site drains north via a natural swale along the center of the property directly to Ash Hollow Run. On site stormwater management will be provided for development to reduce impacts to Ash Hollow Run, and existing drainage patterns will be maintained. Agency Comment: Public Works: During the site plan stage it will be necessary to evaluate both the 10-year and 100-year storms on the proposed development. It may be that the existing conditions could preclude the construction of onsite stormwater management, and offsite improvements may be required to mitigate the impacts of the proposed development. Planning Staff Comment: A stormwater management plan will be required for the development at site plan. Best management practices should be considered in an effort to control the quality of the runoff to Ash Hollow Run. REZ #11-03, For My Kids, LLC Page 8 December 1, 2003 7) Proffer Statement Planning Staff Comment: The applicant has submitted a proffer statement which is signed by the owner and notarized. The proposed proffers have been reviewed by the County Attorney, and are in proper form. The applicant's revised proffer statement addresses corridor enhancement through commitments to a monument style sign, a berm to act as visual buffer along Route 7, and decorative board -on board fencing on portions of the property. The proffer statement excludes any chain link fencing from visibility outside the premises. Staff would note that no generalized development plan showing the location of these structures has been submitted with this rezoning request. Corridor enhancement has been addressed by proffer as follows: • A berm is to be constructed at least three feet in height to act as a visual buffer from traffic proceeding east along Route 7. The berm shall be planned and planted to exceed the ordinance by 5% more ornamental planting along the berm as required. • Freestanding signage limited to one monument -style sign, not to exceed 10 feet in width and15 feet in height which shall be constructed of stone, brick, wood and steel. (The B2 currently allows a 35'sign height with 100 to 150 sq. feet of sign area) • Decorative board on board fencing, not to exceed ten feet in height, will be installed on portions of the property bordering on RA zoned land. No chain link fencing will be visible from outside the premises. • Ash Hollow Run will be cleared of debris and maintained so that the stream will be visibly pleasing with a grass embankment from the proffered berm down to the water's edge. Additionally the applicant has proffered thefollowing: • A monetary contribution of $500.00 to Frederick County to address capital facilities impact on fire and rescue services which will be paid within 90 days following the approval of the rezoning by the Board of Supervisors. • The applicant will only utilize public water and wastewater facilities, and will not construct private septic systems to serve the property. • A number of B2 uses are prohibited on the site. These include golf driving ranges and miniature golf; commercial batting cages; adult care and assisted living; adult retail uses; food stores; restaurants; hotels and motels; organizational hotels and lodging; car washes; day-care facilities; advertising specialties; and commercial sport and recreation clubs. • If the main structure would exceed 25,000 square feet, and/or if the use is other than those included tinder Major Group 55 (SIC), the applicant will perform a traffic impact analysis and 0 • REZ 911-03, For My Kids, LLC Page 9 December 1, 2003 any necessary improvements warranted by said study and required by VDOT shall be constructed. Planning Staff Update: The applicant proffers to prohibit SIC 5541, Gasoline Service Stations, on any portion of the subject site that is zoned B2, Business General District. Should this rezoning be approved, any use within the B2 zoning district, other than those excluded in the proffer document, would be an allowable use. STAFF CONCLUSIONS FOR THE 11/19/03 PLANNING COMMISSION MEETING: The proposed rezoning is a request to rezone 2.02 acres comprised of two parcels, from the RA (Rural Areas) District to the B2 (Business General) District, to accommodate a retail/business use intended by the applicant to be a Shenandoah Honda facility. The subject property is located within the Urban Development Area, and lies within the study area of the Route 7 East Land Use Plan. Staff would note that approval of this rezoning petition would permit the establishment of any B2 use other than those excluded in the proffer statement, and that the impact on the transportation system could be more significant than identified in the traffic impact analysis submitted with this application. The applicant has proffered to do a traffic impact analysis in the event the property is utilized for a use other than that within Major Group SIC 55. Any necessary improvements deemed necessary by that study and required by VDOT would be implemented. (See attached Major Group 55 Standard Industrial Classification) This is a public hearing, and staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors, regarding this request to rezone 2.02 acres from RA (Rural Areas) District to B2 (Business General) District. PLANNING COMMISSION SUMMARY & ACTION FOR THE 11/19/03 PUBLIC HEARING A representative of the Board of Trustees for the adjoining Winchester Grace Brethren Church spoke on behalf of their membership. He stated the Church was not opposed to allowing the proposed use of Shenandoah Honda as their neighbor. In addition, he believed it would improve the visual appearance of their property and provide the church better exposure from Rt. 7. Some of the planning commissioners expressed concern regarding the historic significance of the Berryville Canyon and whether or not the business use was appropriate along this corridor. Additionally, one of the commissioners was concerned about maintaining the visual integrity of the Rt. 7 corridor since it was an entranceway into the City of Winchester and he asked if the owner would consider the aesthetics of materials used for the building construction. The owner stated that the Honda Corporation would require some specific building and design standards for the dealership; however, it is his intent to make it a visually appealing building for the public. 0 • REZ #11-03, For My Kids, LLC Page 10 December 1, 2003 Transportation concerns were addressed by VDOT. It was noted that there would be an eastbound ,deceleration lane required to enter the site and the existing guard rail would have to be relocated where appropriate. The applicant was committed to constructing the proposed building for his intended use, although he did not want to restrict his possibilities by eliminating all other uses allowed under SIC 55. He did, however, offer to proffer the elimination of convenience stores with gasoline stations. By a maj ority vote, the Planning Commission recommended approval of the rezoning with the amended proffer statement eliminating convenience stores with gasoline stations. YES (TO APPROVE): Triplett, Fisher, Kriz, Ours, Thomas, DeHaven, Light, Morris, Unger, Watt NO: Gochenour, Straub (Please Note: Commissioner Rosenberry was absent from the meeting.) UPDATE SINCE THE PLANNING COMMISSION MEETING OF 11/19/03: The applicant has submitted a revised proffer statement which prohibits SIC 5541, Gasoline Service Stations on the subject site. The amended proffer statement has been signed by the owner, notarized, and reviewed by the County Attorney. This is a public hearing, and staff is seeking the Board's recommendation regarding the proposed rezoning request for Shenandoah Honda, "For My Kids, LLC". OUTPUT MODULE APPLICANT: Shenandoah Honda Net Fiscal Impact Credits be_TlP/ Total Potential Adjustment For Net LAND USE TYPEB2 Costs of Impact Credit: Required (entered In Budget Cur.F'x Budget p. Future Tax ste'd1 Cost Balan a Facilits Revenue- tiesCmoatct DweCnatUnit REAL EST VAL $1,627,210 eCur. FIRE & RESCUE 4 Caoital Facilites col sum only)4p_�p_L. --ndDebts. Taxesr Other (l! ad u $0 $p $16,400 ERR Fire and Rescue Department $16,400 — ---- $0 ERR Elementary Schools $0 $0 $0 $0 $0 Middle Schools $0 $0 $0 --- $0 u $0 ERR High Schools $0 Parks and Recreation $0 $0 $0 $0 $0 ERR Public Library $0 $78 $0 $0 $0 $78 $78 $0 $0 $0 ERR ERR Sheriffs Offices $0 Administration Building $0 $187 $206 $0 $393 $393 $0 ERR Other Miscellaneous Facilities $0 ERR SUBTOTAL $16,400 $265 $206 $0 $471 $948,154 $471 $948,154 $15,929 948 5o EERR LESS: NET FISCAL IMPACT $948,154 NET CAP. FACILITIES IMPACT INDEX: "1.0" If Cap. Equip Included 1.0 0.0 Rev -Cost Bal = 1.000 INDEX, "1.0" if Rev -Cost Bai, "0.0" if Ratio to Co Avg: 1.0 Ratio to Co Avg 9 = 1.342 PLANNING DEPT PREFERENCES 1.0 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. Is input in row total of second column 2. Net Fiscal Impact NPV from operations calculations (zero if negative); included are the one-ti me taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTE: Proffer calculations do not include Include NOTES: Model Run Date 05/21/03 ASK Project Description: Assumes 25,000 sq.ft. retail use on 2.02 acres zoned B2 District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002M ODEL 0 U REZONING APPLICATION #11- 03 0 IV FOR FOR MY KIDS, LLC.- SHENANDOAH HONDA Staff Report for the Planning Commission Meeting Prepared: September 29, 2003 �4 Staff Contact: Abbe S. Kennedy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. As this application proceeds through the legislative reviewprocess, the method(s) of resolution for each issue proposed by the applicants) and/or recommended by the Planning Commission or Board of Supervisors will be stated in the text of this report. Reviewed Action Planning Commission: 10/15/03 Pending Board of Supervisors: 11/12/03 Pending PROPOSAL: To rezone 2.020 acres from RA (Rural Areas) District to B2 (Business, Genera) District. LOCATION: The property is on Route 7, approximately 185 feet southeast of the intersection of Greenwood Road and Route 7. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-80 and 55-A-81 PROPERTY ZONING & PRESENT USE: Rural Areas District, Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USE: Retail/Business Uses Use: Red Bud Run Elementary and Millbrook High School Use: Grace Brethren Church Use: Residential Use: Grace Brethren Church REZ #11-03, For My Kids, LLC Page 2 September 29, 2003 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached letter dated 08127103 from Lloyd Ingram, Transportation Engineer. Fire Marshal: Frederick County Code section 90-4 requires a fire hydrant be located within 300 feet of all portions of buildings in commercial development. The measurements are to be taken by the centerline of the roadway surfaces on the property. Additionally, buildings exceeding 12,000 square feet may be required to be fire sprinklered or provided with fire separation assemblies. An automatic fire sprinkler system will require an additional fire hydrant dedicated to the support of the sprinkler system, and shall be located within 50 feet of the Fire Department Connection. Proffering of buildings for fire department training must be addressed through comments with the Greenwood Volunteer Fire & Rescue Company and no guarantee is given or implied as to permitting for demolition by burning. State and local laws and ordinances require additional steps and precautions for open air burning. Frederick -Winchester Service Authority: No comments. County Engineer: Please see attached letter dated 08/05/03 from Harvey Strawsnyder, Jr., Director of Public Works. Sanitation Authority: The sewer line will be a private lateral. The owner will need to obtain the required easements and/or VDOT permits/ The Authority has an existing 10' water line along the east side of Greenwood Road. Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner I, dated 06120102. County Attorney: Proffers appear to be in proper form. Winchester Regional Airport: Please see attached letterfrom S. R. Manuel, Executive Director, dated 06110103. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S. G. S. Stephenson, VA W. VA Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) district by the adoption of an amendment to the Frederick County zoning code on May 10, 1989. This amendment resulted in all properties zoned A-1 and A-2 land to the RA (Rural Areas) zoning district. • u REZ #11-03, For My Kids, LLC Page 3 September 29, 2003 2) Location The property is located on eastbound Berryville Pike (Route 7), approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7. Access to the property is via a small bridge over Ash Hollow Run. 3) Comprehensive Policy Plan Land Use Plan The subject parcels are located within the area of the Route 7 East Land Use Plan. The Route 7 East Land Use Plan does not indicate a particular land use for this property. Some business land uses may be appropriate in this vicinity of the corridor, and some business uses on the subject site within this area of the corridor may not be appropriate. The land use plan does specifically show business land uses west of the school site along the corridor to the city limits. The parcels lie within the Frederick County Urban Development Area (UDA). The Route 7 Corridor has the most limited study of the three corridors studied in terms of the potential for further commercial development. This does not mean that the corridor is not expected to change dramatically in the coming years, rather, the intensity of change is not expected to be as great as the Route 50 or Route 11 corridors. (Frederick County Comprehensive Plan, Chapter 6, page 29) For the business corridors that do have area plans, one of the primary objectives is to insure that the commercial development that does take place within the corridor is of a standard that reflects favorably on the area. (Frederick County Comprehensive Plan, Chapter 6, page 13) Transportation Route 7 is classified as a major arterial road according to the VDOT functional classification of roads, and is a major east -west route connecting Frederick County with the Washington Metropolitan Area. Enhancement to the visual quality of the corridor as a business corridor is encouraged. The appearance of entrance gateways into the Winchester/Frederick County area is of concern to both the City of Winchester and Frederick County, as depicted in the report of the Chamber of Commerce's Corridor Appearance Task Force. Controls on signs along our primary highways play an important role in establishing the character of business corridors. Additionally, appropriate measures for buffers and screening are critical. (Frederick County Comprehensive Plan, Chapter 6, page 10). The Route 7 Corridor in this vicinity is known as the Berryville Canyon, in the core area of the Third Battle of Winchester, as identified by the National Park Service (NPS) in its study of Civil War Sites in the Shenandoah Valley of Virginia and the Shenandoah Valley Battlefields Nations Historic District Management Plan. The landscaping, architecture, and saving of mature trees whenever possible and providing buffers in the form of plants, walls or berms can effectively mitigate the visual impact of the proposed use on the Route 7 right of way and on the adjoining uses. (Frederick County Comprehensive Plan, Chapter 6, page 15) REZ #11-03, For My Kids, LLC Page 4 September 29, 2003 4) Site Suitability Impact Analysis Statement: The applicant's Impact Analysis states that overall, this site is well suited to the development proposed. The site is currently overgrown and in poor condition. The applicant states that the redevelopment of this rundown property provides a benefit to the county by renewing the property's role in the community. FEMA reports do not show a detailed flood study in this area. There are no wetlands on the site. Approximately 5 acres of the site consists of slopes greater than 15 %. There are no mature woodlands, however there are mature trees on the adjacent Route 7 right of way east of the existing bridge. Specific soil types are Berks Channery silt loam and Weikert-Berks Channery silt loam, neither of which is considered prime agricultural soil. Planning Staff Comment: Ash Hollow Run borders the northeast end of the property, and through the VDOT right of way north of the remainder of the site. Currently, the site drains north via a natural swale along the center of the property directly to Ash Hollow Run. The existing 50"corrugated metal pipe/bridge that conveys the entrance to the property will be replaced with a new crossing. The applicant states that the existing general drainage pattern will be maintained, and onsite measures for stormwater management will be provided to reduce impacts to Ash Hollow Run. The applicant will be required to provide a riparian buffer 35' in distance from the scar line of Ash Hollow Run, during the site planning of this proposed rezoning. The existing topographic conditions, coupled with the remaining build -able area of this site may make onsite stormwater management extremely challenging. 5) Intended Use Impact Analysis Statement: The applicant's Impact Analysis states that Shenandoah Honda is proposing to relocate their operations to a new facility that will be constructed on this subject site, which is 2.02 acres comprised of two parcels. The proposed facility will consist of a building that has approximately 20,000 sq. ft. of floor space. The application breaks down the square footage to 2,000 sq. ft. of office area, 4,000 sq. ft. of retail, and 10,000 to 12,000 sq. ft. of warehouse space. Service area is proposed at approximately 2,000 sq. ft. Planning Staff Comment: There is no guarantee from the applicant that a relocation of Shenandoah Honda will be the use on the site should this rezoning request be approved. The applicant has however, prohibited the following B2 uses from the site: Drive in motion picture theaters; golf driving ranges and miniature golf courses; commercial batting cages; adult care and assisted living; and adult retail uses. Staff would note that the approval of a B2 zoning district for this property could result in any other allowed use within the B2 district, other than those prohibited by proffer. Some of these allowable uses would be: automotive dealers and gasoline service stations; restaurants; • REZ #11-03, For My Kids, LLC Page 5 September 29, 2003 miscellaneous retail; car washes; general merchandise stores; and food stores. The impacts of other permitted uses in the B2 zoning district would far exceed the impacts identified by the applicant's traffic analysis. 6) Potential Impacts. a) Transportation Impact Analysis Statement: The applicant states that there is not a land use description in the ITE Trip Generation Manual that closely matches the intended use. The closest match to the intended use of Shenandoah Honda would be new car sales and automobile repair facility. The applicant bases his trip generation by the existing Shenandoah Honda facility, which would result in an additional 20 peak hour hips and 240 trips on average per weekday to Route 7. The hours of operation will not include morning rush hour time when traffic is heaviest on eastbound Route 7. It is anticipated that one tractor -trailer will access the site every other day. Therefore, a new entrance is required to access the site which will be able to accommodate these trucks, and a pavement taper leading up to the entrance will be required. Based on VDOT data, the Average Annual Weekday Traffic Volume Estimate for this section of Berryville Pike (Route 7) is 24,000 vehicles per day. Agency Comment VDOT has stated in a letter dated August 27, 2003, that VDOT has determined that the applicant's "Alternative V entrance is allowable. VDOT notes that entrance design modifications may be required once the site plan has been submitted for review. Planning Staff Comment: It appears that VDOT's initial comments to the applicant were discussed and concerns addressed. VDOT was not satisfied that the transportation proffers in the rezoning application dated May 2003 addressed the transportation concerns associated with this request. In a letter dated August 5, 2003 from Mr. Tim Stowe of Anderson & Associates to Mr. Lloyd Ingram, of VDOT, Mr. Stowe addresses topics of concern by VDOT. In a letter dated August 18, 2003, VDOT determined that the applicant's "Alternative 1" entrance is allowable. As noted in the Business Corridor Conclusion section of the Comprehensive Plan, adequate traffic modeling studies and traffic patterns need to be analyzed to insure that new intersections and entrances are adequately designed and constructed. Adequate distances need to be provided when new entrances are established, and standards to insure that turn lanes allow for sufficient stacking of vehicles exists as well as adequate signage and pavement marking provided. (Frederick County Comprehensive Plan, Chapter 6, page 43-44) Staff reiterates that the transportation comments are based on the applicant's Impact Analysis using the trip generations of the existing Shenandoah Honda facility, and that the impacts of other permitted uses in the B2 zoning district would far exceed the impacts identified by the applicant's traffic analysis. The traffic impact is not based upon a worse -case scenario for other potential B2 land uses. REZ #11-03, For My Kids, LLC Page 6 September 29, 2003 b) Historic Resources Impact Analvsis Statement: The applicant states in the final Impact Analysis Statement, that there are no historic sites that will be impacted by the rezoning of this property. Agency Comment The Historic Resources Advisory board recognizes the Route 7 corridor, Berryville Canyon as an important historic route into the City of Winchester. The HRAB is interested in preserving and aesthetically improving the corridor, with an emphasis on increased landscaping. The HRAB had concerns regarding the loss of core battlefield area, and the views of the Berryville Canyon, and the potential impact of lighting, chain link fencing, parking and inappropriate architecture on the historic Berryville Canyon. The HRAB was not in favor of the proposed rezoning. Planning Staff Comment: The final submission of the Impact Analysis Statement should have reflected the fact that the subject site lies within core battlefield area of the battle of Third Winchester. The applicant has addressed improvements to the site in terms of renewing a run-down site. The applicant has proffered to create a three foot high berm to act as a visual buffer from traffic proceeding along Route 7 East. Also in the proffer, the applicant proffers to maintain ornamental trees or shrubs along the berm. The applicant has proffered that no chain link fence will be visible from outside the premises. Staff would note that these efforts attempt to mitigate the concerns of the HRAB on the visual impact to the Route 7, "Berryville Canyon" corridor. However, existing site plan regulations will require the berm or plantings to screen parking areas, and opaque fencing to screen outdoor storage of materials or equipment. c) Water & Sewer Impact Analysis Statement: The water usage is estimated at approximately 700 gpd, and it is anticipated that a tap will be made along the 10" water main that runs along the northern property line in the shoulder of Route 7. It is estimated that the Shenandoah Honda facility will generate approximately 700 gpd of wastewater. It is projected that the wastewater will be pumped to the south along Greenwood Road and connect to the FCSA's system. ,4gency Comment: FCSA- The Frederick County Sanitation Authority notes that the sewer line will need to be a private lateral, and that there is an existing 10" water line along the east side of Greenwood Road. Frederick Winchester Health Department - The health department has no objection to this rezoning proposal as long as public water and sewer is provided. Public Works - The proposed design will incorporate a pump station to lift the sewage to a manhole located to the south off of Greenwood Road. The discussion should indicate if REZ #11-03, For My Kids, LLC Page 7 September 29, 2003 sufficient easements are available to construct the force main, especially within the Route 7 right of way. Planning Staff Comment: Business and industrial areas need to be served by public sewer and water. (Frederick County Comprehensive Plan, Chapter 6, page I1-12) The applicant's revised impact analysis submitted for the subject rezoning does not include a proposed design for sewer plan, as was initially shown on a map in the Impact Analysis submitted for comment. The applicant does not proffer to use public water and sewer. Staff believes the applicant should be prepared to discuss the plan for the sewage conveyance. d) Drainage Impact Analysis Statement: Stormwater from the site drains north via a natural swale along the center of the property directly to Ash Hollow Run. On site stormwater management will be provided for development to reduce impacts to Ash Hollow Run, and existing drainage patterns will be maintained. A. eenncy Comment: During the site plan stage it will be necessary to evaluate both the 10 yr and 100 year storms on the proposed development. It maybe that the existing conditions could preclude the construction of onsite stormwater management, and offsite improvements may be required to mitigate the impacts of the proposed development. Planning Staff Comment: A stormwater management plan will be required for the development of the site plan. Best management practices should be considered in an effort to control the quality of the runoff to Ash Hollow Run. 7) Proffer Statement Planning Staff Comment: The applicant's proffer statement attempts to address corridor enhancement through the use of a monument style sign; a berm to act as visual buffer along Route 7, and decorative board -on board fencing on portions of the property, excluding any chain link fencing from visibility outside the premises. Staff would note that no generalized development plan showing the location of these structures has been submitted with this rezoning request. No specific sign height, size or materials for construction, nor fence height ,size, or location has been addressed. Staff would note that although a berm is proffered along Route 7, no additional landscaping measures are offered by the applicant. Many of the landscaping, entrance, and sign issues are requirements of the ordinance that can be addressed at the site planning stage. Some of the allowed B2 zoning district uses are prohibited on any portion of the site by proffer. The applicant also proffers only one commercial entrance for the site, to be designed in conjunction with the approved site plan. The applicant proffers a monetary contribution for REZ #11-03, For My Kids, LLC Page 8 September 29, 2003 Frederick County Fire and Rescue of $500.00 to be used to offset the additional cost to Frederick County due to an increased demand on public services. This contribution is to be paid within ninety days following approval of the subject rezoning by the Board of Supervisors. Staff would note that although a berm is proffered along Route 7, no additional landscaping measures are offered by the applicant. Many of the landscaping, entrance, and sign issues are requirements of the ordinance that can be addressed at the site planning stage. The County Attorney comments note that the proffer statement is in proper form. Staff reiterates that should this rezoning be approved, any use within the B2 zoning district, other than those excluded in the proffer document would be an allowable use. STAFF CONCLUSIONS FOR THE 10/15/03 PLANNING COMMISSION MEETING: The proposed rezoning is a request to rezone 2.02 acres comprised of two parcels, from the RA (Rural Areas) District to the B2 (Business General) District to accommodate a retail business use intended by the applicant as a Shenandoah Honda facility. Planning staff believes that issues regarding the commercial entrance, sewage conveyance, stormwater management, and specificity of use should be further clarified by the applicant. The subject property is located within the Urban Development Area, and lies within the study area of the Route 7 East land use study. The applicant has attempted to address corridor enhancement through the proposed proffer statement. Staff would also note that the approval for the B2 zoning district would permit any B2 use other than those excluded in the proffer statement, and that the impact on the transportation system could be more significant than identified in the traffic impact analysis. PLANNING COMMISSION SUMMARY & ACTION OF OCTOBER 15, 2003: O:\Agendas\CObASENTS\REZONING\Staff Report\2003\For My Kids LLC_Shenandoah Honda.wpd • 0 Name and Property Identification Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 16 • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Co be completed by Planning Staff: Ling Amendment umber Hearing Date Fee Amount Paid $ �� Date Received �' Z C 3 BOS Hearing Date b The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Mr. John Ross Address: For My Kids LLC 122 Walls Circle Winchester, Virginia 22603 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Name: Telephone: 540-678-8500 Telephone: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 11 LI • • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: John Ross, For My Kids LLC, 122 Walls Circle, Winchester, Virginia 6. A) Current Use of the Property: Zone RA, residential B) Proposed Use of the Property: Zone B-2, Commercial Motorcycle / ATV Sales 7. Adjoining Property: PARCEL ID NUMBER 55-A-79 is 55-A-82 • USE Church Residential ZONING RA RA 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): Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7, on Route 7. 12 0 • • • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-80 & 55-A-81 Magisterial: Red Bud Run Fire Service: Greenwood Rescue Service: Greenwood Districts High School: Millbrook Middle School: James Wood Elementary School: Red Bud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 1.005 RA B-2 1.015 RA B-2 2.020 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi-Farnily: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 2,000 Service Station: Retail: 4,000 Manufacturing: Restaurant: Warehouse: 10,000 — 12,000 Other: (service) 2,000 13 0 0 0 12. Signature: 0 I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. ZApplicant(s): Date: Date: Owner(s): Date: Date: 14 .`CEP I fJ 2003 • • Adjoining Property Owners Rezoning • Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Adininistrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Winchester Grace Brethren Church 143 Greenwood Road Winchester, VA 22601 Property # 55-A-79 Name Ronald E. & Alice M. Dehaven 2142 Berryville Avenue Winchester, VA 22601 Property # 55-A-82 Name Frederick County School Board 1415 Amherst Street Winchester, VA 22604-2546 Property # 55-A-22 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # SaNM fQoSS- vWj��5ff +?qrPPL106tiT lay W&-L-s d1p-61-� 15 WIN"CSTE�j VA a-26o3 s-fI " 1E�° '455-- 4 -g l AMENDMENT Action: PLANNING COMMISSION: November 19, 2003 - Recommended Approval 'BOARD OF SUPERVISORS: December 10, 2003 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #11-03 OF SHENANDOAH HONDA WHEREAS, Rezoning #11-03 of Shenandoah Honda was submitted by John Ross to rezone 2.020 acres from RA (Rural Areas) B2 (Business General). This property is located on Route 7, approximately 185 feet southeast of the intersection of Greenwood Road and Route 7, and is identified with Property Identification Numbers 55-A-80 and 55-A-81 in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning onNovember 19, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 10, 2003; 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 change 2.020 acres from RA (Rural Areas) B2 (Business General), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 429-03 0 • This ordinance shall be in effect on the date of adoption. Passed this loth day of December, 2003 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye Gina A. Forrester Aye Margaret B. Douglas Aye W. Harrington Smith, Jr. Aye Robert M. Sager Aye Lynda J. Tyler Aye A COPY ATTEST John Riley, Jr. Frederick County Administrator PDRes. 429-03 0:\Resolutions\2003 Rezoning Resolutions\Shenandoah Honda.wpd AMENDED PROFFER STATEMENT FORMYKIDS, LLC REZONING Tax Parcel No. 55-A-80.55-A-81 Stonewall Magisterial District, Frederick County, Virginia Preliminary Matters Pursuant to Section 15.2-2296, et seq., of the Code of Virginia,1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application No. 11-03 for the rezoning of 2.020 acres from RA, Rural Agriculture, to B2, Business General District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and its legal successors and assigns. The subject property, more particularly described as the land owned by FORMYKIDS, LLC being Tax Map Parcel No. 55-A-80; 55-A-81, and further described by boundary and topographic survey of the land of FORMYKIDS, LLC, drawn by Anderson and Associates, Inc., dated the 10`h day of March, 2003, filed with the application for Rezoning and by this reference made a part hereof as if set out in full. A. Land Consolidation The applicant hereby proffers that the lots shall be consolidated into one tract of land containing 2.020 acres. B. Land Use Restriction The applicant hereby proffers that the following land uses shall be prohibited on any portion of the subject site that is zoned B2, Business General District: SIC 5541 Gasoline Service Stations SIC 7999 Golf driving ranges and miniature golf courses SIC 7999 Commercial batting cages (No SIC) Adult Care Residences and Assisted Living (No SIC) Adult retail uses SIC 054 Food Stores SIC 058 Restaurants 0 • SIC 701 Hotels and Motels SIC 704 Organization Hotels and Lodging SIC 7542 Car Washes SIC 8351 Child day-care facilities SIC 5199 Advertising specialties - wholesale (No SIC) Commercial sport and recreation clubs C. Transportation 1. Access The applicant hereby proffers that access to Berryville Pike (U.S. Route 7) shall be limited to one commercial entrance. The applicant further proffers that the location of the entrance shall be with the approval of the Virginia Department of Transportation. The design and construction of the new commercial entrance shall be provided in conjunction with the approved site plan for the 2.020 acre tract. If the footprint of the main structure exceeds 25,000 square feet, then the applicant will be required and does agree that a traffic impact analysis will be performed and any necessary improvements warranted by said study and required by VDOT shall be made. In addition to the above, in the event that the property is utilized for a use other than a Major Group 55 (SIC), then the applicant agrees that a traffic impact analysis will be performed and any necessary improvements warranted by said study and required by VDOT shall be made. D. Site Development Berm / Knoll The applicant hereby proffers to construct a berm or knoll parallel to Route 7 so that except for the entrance way, there will be the berm or knoll of at least 3 feet in height to act as a visual buffer from traffic proceeding along Route 7 in an easterly direction. In addition, a decorative board -on -board fence, not to exceed ten (10) feet in height, shall be constructed on the other portions of the property which borders on existing RA zoned land. No chain link fencing will be used which will be visible from outside the premises. 2. Signage The applicant hereby proffers to erect one monument sign, not exceeding ten (10) feet in width or fifteen (15) feet in height and which structure shall be constructed of stone, brick, wood and steel with sign facing as required by the franchisor. The appropriate design of the sign shall indicate the businesses located in the subject property and which sign shall be as set forth on the site plan to be submitted to Frederick County. A sign plan will be submitted to the Frederick County Building 2 0 official for review and approval prior to any use of the existing freestanding business sign. 3. The applicant proffers that it will clear the stream bed known as "Ash Hollow Run" of debris and will agree to maintain the creek bed located on the property so that the stream will be visibly pleasing with a grass embankment from the berm/knoll to be constructed down to the water's edge and a grass embankment between the stream and the property of Virginia Department of Transportation (Route 7 Right of Way). 4. Public Water and Wastewater The applicant hereby proffers that it will only utilize public water and will not construct private septic systems to serve the property, but rather will only use public wastewater facilities as its wastewater management. E. Buffer and Screening The applicant hereby proffers to maintain ornamental trees or bushes along the berm or knoll which parallels Route 7. The design and planting of the ornamental trees or bushes shall be provided in conjunction with the approved site plan for the 2.020 acre site. In addition, the applicant shall plant five percent (5%) more ornamentals along the berm or knoll as may be required by the County of Frederick's classification set forth in the Zoning Ordinance. F. Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event Rezoning Application No. 11-03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia, the following amount: The sum of $500.00 to the Treasurer of Frederick County to be redistributed by Frederick County for capital facilities costs of fire and rescue services. This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid within ninety (90) days following the approval of the rezoning by the Board of Supervisors. FORMYKIDS, LLC BY: 4 (SEAL) Jon oss, Manager 3 STATE OF VIRGINIA CITY OF "CHESTER, TO T I, — , Notary Public in and for the State and jurisdiction aforesaid, o hereb ertify thaWfohn Ross, Manager of FORMYKIDS, LLC, whose name is signed to the foregoing Amended Proffer Statement has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 24`h day of November, 2003. My Commission expires a — NfVARY PYBLIC I Ro4,4:\Amended Proffer Statement R4.wpd A. y, u !; d �, 4 KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L.C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540)662-3486 Facsimile (540) 722-3787 E-Mail: bniblaw@adelphiamet PETER K. McKEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G.BUTLER October 21, 2003 Jay D. Cook, III Assistant Frederick County Attorney 107 N. Kent Street, Suite 202 Winchester, VA 22601 RE: AMENDED PROFFER STATEMENT FORMYKIDS, LLC My File No. 11764 Dear Jay: J• SLOAN KUYKENDALL (1906-1995) J• SLOAN KUYKENDALL, III EDWIN B. YOST HAND DELIVERED i am enclosing herewith a copy of an Amended Proffer Statement which i would appreciate you reviewing on behalf of Frederick County and advising Abbe Kennedy on the same. The hearing is set for November 19, 2003, which had been continued from the October hearing date. The Frederick County Planning Staff felt that the first Proffer Statement was not specific enough in detail on the matters which were proffered and, hence, the Amended Proffer Statement tendered herewith. Should you have any questions on the salve, please feel free to call. Very truly yours, T E &BUTLERin M. B tier BMB:vg Enclosure cc: John Ross 0 0 AMENDED PROFFER STATEMENT FORMYKIDS, LLC REZONING Tax Parcel No. 55-A-806�-55-A-81 Stonewall Magisterial District, Frederick County, Virginia Preliminary Matters Pursuant to Section 15.2-2296, et seq., of the Code of Virginia,1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application No. 11-03 for the rezoning of 2.020 acres from RA, Rural Agriculture, to B2, Business General District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and its legal successors and assigns. The subject property, more particularly described as the land owned by FORMYKIDS, LLC being Tax Map Parcel No. 55-A-80; 55-A-81, and further described by boundary and topographic survey of the land of FORMYKIDS, LLC, drawn by Anderson and Associates, Inc., dated the 10`h day of March, 2003, filed with the application for Rezoning and by this reference made a part hereof as if set out in full. A. Land Consolidation The applicant hereby proffers that the lots shall be consolidated into one tract of land containing 2.020 acres. B. Land Use Restriction The applicant hereby proffers that the following land uses shall be prohibited on any portion of the subject site that is zoned B2, Business General District: SIC 7999 Golf driving ranges and miniature golf courses SIC 7999 Commercial batting cages (No SIC) Adult Care Residences and Assisted Living (No SIC) Adult retail uses SIC 054 Food Stores SIC 058 Restaurants SIC 701 Hotels and Motels O5") 0 • C. 1a SIC 704 Organization Hotels and Lodging SIC 7542 Car Washes SIC 8351 Child day-care facilities SIC 5199 Advertising specialties - wholesale (No SIC) Commercial sport and recreation clubs Transportation Access The applicant hereby proffers that access to Berryville Pike (U.S. Route 7) shall be limited to one commercial entrance. The applicant further proffers that the location of the entrance shall be with the approval of the Virginia Department of Transportation. The design and construction of the new commercial entrance shall be provided in conjunction with the approved site plan for the 2.020 acre tract. If the footprint of the main structure exceeds 25,000 square feet, then the applicant will be required and does agree that a traffic impact analysis will be performed and any necessary improvements warranted by said study and required by VDOT shall be made. In addition to the above, in the event that the property is utilized for a use other than a Major Group 55 (SIC), then the applicant agrees that a traffic impact analysis will be performed and any necessary improvements warranted by said study and required by VDOT shall be made. Site Development 1. Berm / Knoll The applicant hereby proffers to construct a berm or knoll parallel to Route 7 so that except for the entrance way, there will be the berm or knoll of at least 3 feet in height to act as a visual buffer from traffic proceeding along Route 7 in an easterly direction. In addition, a decorative board -on -board fence, not to exceed ten (10) feet in height, shall be constructed on the other portions of the property which borders on existing RA zoned land. No chain link fencing will be used which will be visible from outside the premises. 2. Signage The applicant hereby proffers to erect one monument sign, not exceeding ten (10) feet in width or fifteen (15) feet in height and which structure shall be constructed of stone, brick, wood and steel with sign facing as required by the franchisor. The appropriate design of the sign shall indicate the businesses located in the subject property and which sign shall be as set forth on the site plan to be submitted to Frederick County. A sign plan will be submitted to the Frederick County Building 2 r� L official for review and approval prior to any use of the existing freestanding business sign. 3. The applicant proffers that it will clear the stream bed known as "Ash Hollow Run" of debris and will agree to maintain the creek bed located on the property so that the stream will be visibly pleasing with a grass embankment from the berm/knoll to be constructed down to the water's edge and a grass embankment between the stream and the property of Virginia Department of Transportation (Route 7 Right of Way). 4. Public Water and Wastewater The applicant hereby proffers that it will only utilize public water and will not construct private septic systems to serve the property, but rather will only use public wastewater facilities as its wastewater management. E. Buffer and Screening The applicant hereby proffers to maintain ornamental trees or bushes along the berm or knoll which parallels Route 7. The design and planting of the ornamental trees or bushes shall be provided in conjunction with the approved site plan for the 2.020 acre site. In addition, the applicant shall plant five percent (5%) more ornamentals along the berm or knoll as may be required by the County of Frederick's classification set forth in the Zoning Ordinance. F. Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event Rezoning Application No. 11-03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia, the following amount: The sum of $500.00 to the Treasurer of Frederick County to be redistributed by Frederick County for capital facilities costs of fire and rescue services. This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid within ninety (90) days following the approval of the rezoning by the Board of Supervisors. FORMYKID Z. LLC BY: (SEAL) John Ross, Manager 3 STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby rti y that John Ross, Manager of FORMYKIDS, LLC, whose name is signed to the foregoing Amended Proffer Statement has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this ,;?/ day of October, 2003. My Commission expires /�,�%'d % 11764\AAA ended Proffer Staterrent Ei3.wpd NOTARY Pubricy m u • • PETER K. McKEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G. BUTLER KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L.C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540) 662-3486 Facsimile (540) 722-3787 E-Mail: bmblaw@adelphia.net October 9, 2003 Abbe S. Kennedy Senior Planner Frederick County Planning Staff Frederick County Office Building Kent Street Winchester, VA RE: AMENDED PROFFER STATEMENT FORMYKIDS, LLC My File No. 11764 Dear Abbe: J. SLOAN KUYKENDALL (1906-1995) J. SLOAN KUYKENDALL, III EDWIN B. YOST HAND DELIVERED I am enclosing herewith an Amended Proffer Statement to be used for the rezoning. It is hoped that these modifications will allay your concerns set forth in the report submitted to the planning commission. BMB:vg Enclosure cc: John Ross Tim Stowe Very truly yours, ;?MCKEE & BAutler y enjami 1 . uc:T 0 S 2003 ■ 0 0 AMENDED PROFFER STATEMENT FORMYKIDS, LLC REZONING Tax Parcel No. 55-A-80.55-A-81 Stonewall Magisterial District, Frederick County, Virginia Preliminary Matters Pursuant to Section 15.2-2296, et seq., of the Code of Virginia,1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application No. 11-03 for the rezoning of 2.020 acres from RA, Rural Agriculture, to B2, Business General District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and its legal successors and assigns. The subject property, more particularly described as the land owned by FORMYKIDS, LLC being Tax Map Parcel No. 55-A-80; 55-A-81, and further described by boundary and topographic survey of the land of FORMYKIDS, LLC, drawn by Anderson and Associates, Inc., dated the 10`h day of March, 2003, filed with the application for Rezoning and by this reference made a part hereof as if set out in full. A. Land Consolidation The applicant hereby proffers that the lots shall be consolidated into one tract of land containing 2.020 acres. B. Land Use Restriction The applicant hereby proffers that the following land uses shall be prohibited on any portion of the subject site that is zoned B2, Business General District: SIC 7999 Golf driving ranges and miniature golf courses SIC 7999 Commercial batting cages (No SIC) Adult Care Residences and Assisted Living (No SIC) Adult retail uses SIC 054 Food Stores SIC 058 Restaurants SIC 701 Hotels and Motels SIC 704 Organization Hotels and Lodging SIC 7542 Car Washes SIC 8351 Child day-care facilities SIC 5199 Advertising specialties - wholesale (No SIC) Commercial sport and recreation clubs C. Transportation Access The applicant hereby proffers that access to Berryville Pike (U.S. Route 7) shall be limited to one commercial entrance. The applicant further proffers that the location of the entrance shall be with the approval of the Virginia Department of Transportation. The design and construction of the new commercial entrance shall be provided in conjunction with the approved site plan for the 2.020 acre tract. If the footprint of the main structure exceeds 25,000 square feet, then the applicant will be required and does agree that a traffic impact analysis will be performed and any necessary improvements warranted by said study and required by VDOT shall be made. In addition to the above, in the event that the property is utilized for a use other than a Major Group 55 (SIC), then the applicant agrees that a traffic impact analysis will be performed and any necessary improvements warranted by said study and required by VDOT shall be made. D. Site Development Berm / Knoll The applicant hereby proffers to construct a berm or knoll parallel to Route 7 so that except for the entrance way, there will be the berm or knoll of at least 3 feet in height to act as a visual buffer from traffic proceeding along Route 7 in an easterly direction. In addition, a decorative board -on -board fence, not to exceed ten (10) feet in height, shall be constructed on the other portions of the property which borders on existing RA zoned land. No chain link fencing will be used which will be visible from outside the premises. 2. Signage The applicant hereby proffers to erect one monument sign, not exceeding ten (10) feet in width or fifteen (15) feet in height and which structure shall be constructed of stone, brick, wood and steel with sign facing as required by the franchisor. The appropriate design of the sign shall indicate the businesses located in the subject property and which sign shall be as set forth on the site plan to be submitted to Frederick County. A sign plan will be submitted to the Frederick County Building 2 CJ • official for review and approval prior to any use of the existing freestanding business sign. 3. The applicant proffers that it will clear the stream bed known as "Ash Hollow Run" of debris and will agree to maintain the creek bed located on the property so that the stream will be visibly pleasing with a grass embankment from the berm/knoll to be constructed down to the water's edge and a grass embankment between the stream and the property of Virginia Department of Transportation (Route 7 Right of Way). 4. Public Water and Wastewater The applicant hereby proffers that it will only utilize public water and will not construct private septic systems to serve the property, but rather will only use public wastewater facilities as its wastewater management. E. Buffer and Screening The applicant hereby proffers to maintain ornamental trees or bushes along the berm or knoll which parallels Route 7. The design and planting of the ornamental trees or bushes shall be provided in conjunction with the approved site plan for the 2.020 acre site. In addition, the applicant shall plant five percent (5%) more ornamentals along the berm or knoll as may be required by the County of Frederick's classification set forth in the Zoning Ordinance. F. Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event Rezoning Application No. 11-03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia, the following amount: The sum of $500.00 to the Treasurer of Frederick County to be redistributed by Frederick County for capital facilities costs of fire and rescue services. This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid within ninety (90) days following the approval of the rezoning by the Board of Supervisors. FORMYKIPS, LLC BY: I d(SEAL) J oss, Manager 3 STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT I, % , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that John Ross, Manager of FORMYKIDS, LLC, whose name is signed to the foregoing Amended Proffer Statement has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of October, 2003. My Commission expires E 'ya SION 4; '% NOTARY PUBL C y: �OTARy PURL\r OF 11764\&Vkmnded Proffer Statement R3.wpd FOR MY KIDS, LLC REZONING Tax Parcel No. 55-A-80, 55-A-81 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296, et seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application No. //- 03 for the rezoning of 2.020 acres from RA, Rural Agriculture, to B2, Business General District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and its legal successors and assigns. The subject property, more particularly described as the land owned by For My Kids, LLC being Tax Map Parcel No. 55-A-8-; 55-A-81, and further described by boundary and topographic survey of the land of For My Kids, LLC, drawn by Anderson and Associates, Inc., dated the 10"' day of March, 2003, attached hereto and by this reference made a part hereof as if set out in full. A. - Land Use Restriction The applicant hereby proffers that the following land uses shall be prohibited on any portion of the subject site that is zoned B2, Business General District: SIC 78 Drive-in motion picture theaters SIC 7999 Golf driving ranges and miniature golf courses SIC 7999 Commercial batting cages (No SIC) Adult Care Residences and Assisted Living (No SIC) Adult retail uses B. Transportation Access The applicant hereby proffers that access to Berryville Pike (U.S. Route 7) shall be limited to one commercial entrance. The applicant further proffers that the location of the entrance shall be with the approval of Virginia Department of Transportation. The design and constriction of the new commercial entrance shall be provided in conjunction with the approved site plan for the 2.020 acre site. 0 0 C. Site Development Berm / Knoll The applicant hereby proffers to construct a berin or knoll parallel to Route 7 so that except for the entrance way, there will be the berin or knoll of at least 3 feet in height to act as a visual buffer from traffic proceeding along Route 7 in an easterly direction. In addition, a decorative board -on -board fence shall be constructed on the other portions of the property and no chain link fence will be used which will be visible from outside the premises. 2. Signage The applicant hereby proffers to erect one monument sign of appropriate design to indicate the businesses located in the subject property and which sign shall be as set forth on the site plan to be submitted to Frederick County. A sign plan will be submitted to the Frederick County Building official for review and approval prior to any use of the existing freestanding business sign. D. Buffer and Screening The applicant hereby proffers to maintain ornamental trees or bushesalong the berm or knoll which parallels Route 7. The design and planning of the ornamental trees or bushes shall be provided in conjunction with the approved site plan for the 2.020 acre site. E. Monetary Contribution to Offset Impact of Development The undersigned owner of the above described property hereby voluntarily proffers that in the event Rezoning Application No. f /- 03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia, the following amount: $500.00 for Frederick County�>ire-anda-escue to e ,redistributed-to-Greenwo-od_Fire-Go . any for capital face sties costs. This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid within ninety (90) days following approval of the rezoning by the Board of Supervisors. t SEE r' 2003 2 0 0 F. Signature Submitted by: John A. Ross For My Kids, LLC STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this 18th day of September, 2003, by Jolul A. Ross. My commission expires: October 31, 2006. . -A Notary Public Commissioned as Amy Elizabeth Anderson. M LEGEND IRON PIN FOUND a F2I O IRON PIN SET ❑ CONCRETE MONUMENT FOUND 5.58 N3 James E. & Ardeyth 0. Butcher D.B. 748 Pg. 1132 Tax # 55—A-80 Area: 1.005 Acres Grace Brethren Church D.B. 310 Pg. 10 Tax # 55—A-79 Line Table Line Bear'in Distance e L1 S64'17'59E 48.58 L2 S67'3331 "E 69.55' L3 S6432'52"E .15.87' L4 9S64252" � `--��YLE D. AU TIN LICENSE No. 1483 FLO0DNOTE: A Portion of the Caption Property is Located in a Special Flood Hazard Area so designated by the Secretary of Housing & Urban Development. The Caption Property is located in Flood Zones A and C and is referenced by FIRM Map # 510063 0120 B, Dated: July 17, 1978. Curve — C1 Central Angie: 3*14'06" Radius: 3844.72' �• Tangent: 108.57' Arc: 217.07' • Chord: S61'39'46"E 217.04' James E. & Ardeyth 0. Butcher D.B. 748 Pg. 1132 Tax # 55—A-81 A erect k-.4> 6 e-- Area: 1.015 Acres Zone C `• Zo 0 00 Zone A 1 FEMA Designated 100 Year Flood Limit Ronald E. & Alice M. Dehaven W.B.84 Pg. 118 Tax # 55—A-82 Survey Plat for sken,anAoah Wnnrla Showing Property of James E. & Ardeyth 0. Butcher Deed Book 748, Page 1132 Shawnee Magisterial District Frederick County, Virginia Scale: 1 "= 80' Date: Mar. 10, 2003 4 0 80' 1 60' ANDERSON & ASSOCIATES; Inc. A9E7722 Main Street Middletown, Virginia 22465 SCALE 1 =80 (540) 869-2501 JN 21328.00 i I• c C C O O Z W W laf CD 0 100 200 SCALE IN FEET I I[^ M/\I ITC —7 CACTQ/ll Mir) FIGURE 2. ADJACENT PROPERTY MAPPING SHENANDOAH HONDA FREDERICK COUNTY, VIRGINIA LAE ANDERSON & ASSOCIATES, INC. DATE : TS www.andassoc.com RProfessional Design Services DESIGNED: 7722 Main Street DRAWN : SH Middletown Va 22645-9500 CHECKED: Virginia - North Carolina - Tennessee 540-869-2501 OA/OC : REVISIONS: SHENANDOAN HONDA FREDERICK COUNTY, VIRGINA TINGLE FAMILY RESIDENCE e M. Dehaven RA DOCUMENT 21328 1_ OF couNr ':� COMMONWEALTH L TH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 October 18, 2004 Mr. Richard DeWitt C/O Ervin Development Corporation 1830 Plaza Drive Winchester, VA 22602 Ref: Land Use Permit #855-7019 For My Kids, LLC Route 7, Frederick County Dear Mr. DeWitt: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Enclosed is your approved Land Use Permit #855-7019 to cover the construction and maintenance of one commercial entrance with turn lane and taper; installation of water line and service connection; and place guardrail, pavement marking and signage at the referenced location. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 7 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. Please give Mr. Dwight Hawkins a call at (540) 984-5616 at least 48 hours in advance of the start of construction to arrange for any necessary inspections. If you have any questions concerning the permit requirements or during construction, do not hesitate to call. Sincerely, — Philip A. Baker Hwy. Permits & Subd. Specialist Sr. PAB/rf Enclosure xc: Mr. C.B. Harris (w/ copy of permit), Mr. Dwight Hawkins, Mr. Bob Hawkins, Mr. Mark Cheran VirginiaDOT.org IAIC L'CCn%tir)r]IIA11 A iArM111.r T.� Rezoning Comments MAY 2 7�� Virginia DeparTmen --of-Trampor-tation Mail to Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant's Name: John Ross Telephone: 540-678-8500 Mailing Address: For My Kids LLC 122 Walls Circle Winchester Virginia 22603 Location of property: 'Approximately. 185 feet southeast of the. intersection. of Greenwood Road and Virginia Route 7 on Route 7 Current zoning: RA Zoning requested: B-2 Acreage: 2.020 Virginia Department of Transportation Comments: See attached comments from VOOT dated june 18 2003 = JIVDOT Signature & I Engineer.. 06/18/03 Notice.to VDOT - Please Return Form to Applicant 20 Sep 29 03 04:48p ESOP i (5401 869-2625 i p.4 Philip A. Shucet COMMISSIONER August 27, 2003 COMMONWEALTH EA.LTH of Y IRGMIA.. DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE E-DINBURG, VA 22824 Ms. Amy Feathers C/O Anderson & Assoeiates 1722 Main Street Middletown, VA 22645 Ref For My Kids, LLC / Shenandoah Honda Route 7 Frederick County Dear Mg. Feathers: JERRY A. COPP RESIDENT ENGINEER TEt.(540)9045600 FAX(540)984,W7 After review of your letter dated August 5, 2003 for the referenced rezoning, it has been determined that Alternative "1" entrance is allowable. • If a right-of-way dedication (Item #1 of your 08/05/03 letter) is required, it will be determined when the detailed site plan is submitted. • Entrance design modifications may be required once the site plan has been submitted for review. Should you have any questions, please do not hesitate to call Sincerely, s Lloyd A. In am Transportation Engineer LAI/rf I VirginiaDOT.org WE KEEP VIRGINIA MOVING RezoninE, Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia Applccant Please fill out the information as`accurately as.possible m order to assist :the Department;of Public Works with their review' Attactr a copy of your application form, location, map,=::proffer �tatiement, impact analysis; and ariy other pertinent mformatton i Applicant's Name: John Ross Mailing Address: For My Kids LLC 122 Walls Circle Winchester, Virginia, 22603 Telephone: 540-678-8500 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7 on Route 7. Current zoning: RA Zoning requested: B-2 Acreage: 2.020 Department of Public Work's Comments: JjPublic Works Signature & Date: Notice to Dept. of Public Works - Please Return This Form to the Applicant 21 VUOT Rezoning Comments MAY. 2 7Q • Virginia Department�r_ansportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031.01d Valley Pike Edinburg,- Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation - Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant's Name: John Ross Telephone: 540-679-8500 Mailing Address: For My Kids LLC 122 Walls Circle Winchester, Virginia 22603 Location of property: =Approximately. 185; feet southeast of: the. intersection.of Greenwood ,Road and Vi`rkiriia Route 7 on Route 7. • Current zoning: .RA Zoning requested: B-2 Acreage: • 2.020 Virginia Department of Transportation Comments: See attached comment§ :fironi VDOT dated-,Jone 18a-2-001 - station . En ineer. VDOT Signature & 5, A_ 9 06/18/.03 Notice.toNbOT - Please Return Form o. Applicant 20 Sep 29 03 04:48p ESOP 0 (540) 869-2625 0 p.4 Milip A. 5humt COMMISSIONER August 27, 2003 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ms. Amy Feathers CIO Anderson & Associates 1722 Main Street Middletown, VA 22645 Ref For My Kids, LLC / Shenandoah Honda Route 7 Frederick County .FERRY A 00PP RESIDENT ENGNEER TSL(e40)9e4s600 FAX(540)9e4-5so-r Dear Ms. Feathers: After review of your letter dated August 5, 2003 for the referenced rezoning, it has been determined that Alternative "1" entrance is allowable. • If a right-of-way dedication (Item #1 of your 08/05/03 letter) is required, it will be determined when the detailed site plan is submitted. • Entrance design modifications may be required once the site plan has been submitted for review. Should you have any questions, please do not hesitate to call. Sincerely, t 'Lloyd A. In �am Transportation Engineer LAI/rf VirginiaDOlorg WE KEEP VI RGINIA MOVING 0, Rezoning Comments Frederick County Attorney Mail to: Hand deliver to: Frederick County Attorney Frederick County Attorney Co. Administration Bldg., Suite 202 Co. Administration Bldg., Suite 202 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Winchester, Virginia (540) 665-6383 Applicant's Name: FORMYKIDs , LLC Mailing Address: FORMYKIDs, LLC 122 Walls Circle Telephone: 540-678-8500 Winchester, VA 22603 Location of property: Berryville -Avenue, 0.2 miles east of Greenwood Road Current zoning: RA County Attorney's Comments: Assistant County Attorney's Signature & Date: Zoning requested: B2 6 */--) . /0 e,,s 18 01 Acreage: 2.02 Sep 29 03 04:47p F OP (540) 869-2625 p.2 Ip .�P01�s , RezoDing Comments Virginia DepaTirmentvFftansportation m� Mail to - Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant's Name: John Ross Telephgrie:. 540-678-8500 -Mailing Address: For My Kids LLC_ 122 Walls Circle Winchester, -Virginia 22603_ Location of property: Approxiinat6l�.185,feet southeast of the. intersection.,of Grecriwood •Road and`Vir >:iva Route 7: on Route 7: _�'� � -._._..._. .. _ ._, Current zoning: RA Zoning requested: B-2 Acreage: 2.020 Virginia Department -of Transportation Comments: See attadied cornmen&-.froni,V(jOT datedJune 18, 2003 i - VDOT Signature &-Da nation Engineer... .. _._.0G/18/.03,A Notice.to VDOT -'Please Retai h F hh—to Applicant::.'. ¥•`},� /� \� :� \� ,/� � \: . 1 . . � • Rezonin2 Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: FORMYKIDS, LLC Mailing Address FORMYKIDS LLC 122 Walls Circle Winchester, VA 22603 Telephone: 540-678-8500 Location of property: Berryville Avenue, 0.2 miles east of Greenwood Road Current zoning: P,A Zoning requested: B2 Acreage: 2.02 County Attorney's Comments:Pi-e- np, t c✓ Ire II l�Ij�,(� r 7U b � ,� / o f9 el- f w-- Assistant County Attorneys Signature & Date: — - Notice to County 4Attorrneyy - Please Return This Form to the Applicant 18 Sep 29 03 04:47p ESOP (540) 869-2625 p.3 ' ➢pr' v COMMONWEALTH of VZRQIN IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE .JERRYA. COPP COMMISSIONER EDINBURG, VA 22B24 RESIDENT ENGINEER TEL(540)964-5600 s FAX (540) 984-5607 VDOT Comments to For My Kids, LLC Rezoning June 18, 2003 The documentation within the application to rezone this property appears to have minor measurable impact on Route 7, the VDOT roadway which has been considered as access to this property. VDOT is not satisfied that the transportation proffers offered in the rezoning application dated May, 2003 addresses transportation concerns associated with this request. To provide safe ingress/egress, additional right-of-way will be needed to allow the developer to move the existing guardrail farther off the edge of existing pavement to allow for a full width shoulder. The commercial entrance to the property should be aligned across from the Morgan Mill crossover deceleration ramp. This would reduce a dangerous traffic weave situation . by customers trying to utilize the Morgan Mill Road crossover. It should be noted there is a proffer in the Red Bud Run Subdivision for closing this crossover if deemed prudent by either VDOT or Frederick County. 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, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway y 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. l , Lloyd A. Ingram,, Transportation Engineer LAI/rf Enclosure ' VirginiaDOT.org WE KEEP VIRGINIA MOVING �10RM®I� V4�E A �,'I'H of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. shucit 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 August 27, 2003 Ms. Amy Feathers C/O Anderson & Associates 7722 Main Street Middletown, VA 22645 Ref: For My Kids, LLC / Shenandoah Honda Route 7 Frederick County Dear Ms. Feathers: JERRY A. COPP RESIDENT ENGINEER TEL(540)984.5600 FAX(540)9845607 After review of your letter dated August 5, 2003 for the referenced rezoning, it has been determined that Alternative "l" entrance is allowable. • If a right-of-way dedication (Item #1 of your 08/05/03 letter) is required, it will be determined when the detailed site plan is submitted. • Entrance design modifications may be required once the site plan has been submitted for review. Should you have any questions, please do not hesitate to call. Sincerely, "A.In Transportation Engineer LAI/rf VirginiaDOT.org WE KEEP VIRGINIA MOVING Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 V om Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: John Ross Telephone: 540-678-8500 Mailing Address: For My Kids LLC 122 Walls Circle Winchester Virginia 22603 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7 on Route 7 - Current zoning: RA Sanitation Authority Comments: Zoning requested: B-2 Acreage: 2.020 easements and/or VDOT permits. The Authority has an existing 10" water line along the east side of Greenwood Road (see Sanitation Authority Signature& Date: Szja 51awe .3 Notice to Sanitatiod"Authority - Please Return This Form to the Applicant 25 t 10 REDBUD RUN ELEM. SCHOOL } PUMP STATION 7'L Yvlle pike l ' -.41•. BO t oo fo t •j � ' co .� r �•. ' — — `CAS 10 OD., 0 RECEIVE MAY D 2 3 2` t�03 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia j�plicant. Please fi11 out tfie !nfoimn6on-as accurafely as possible in 01'ti�:r I Iss:st zhc 1rcdclich CoLznty lire MV Irshal Nvitll his review. Attach a copy of your application form; location Pap, proffer statement, impact analysis, and any other pertinent information. mc-�er.�_ Sras�»s���_�.x as .� c.a_. _�.::. ....r.:a=�i° .ys.-..�-:-Esr,.ar_-...,:-v.c E -, •. `i, s, :. i-_� r:_.: Applicant's Name: John Ross Telephone: 540-678-8500 Mailing Address: For My Kids LLC 122 Walls Circle Winchester Virginia 22603 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7 on Route 7. Current zoning: RA Zoning requested: B-2 Acreage: 2.020 Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 0 • Control number RZ03-0005 Project Name Shenandoah Honda Address 122 Walls Circle Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Frederick County fire and Rescue Department - Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 5/23/2003 5/27/2003 City Winchester Tax ID Number 55-A-80 & 81 Applicant John Ross State Zip VA 22603 Fire District 18 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-678-8500 Rescue District 18 Election District Red Bud Residential Sprinkler System No Fire Lane Required Yes Special Hazards Yes Emergency Vehicle Access Comments Frederick County Code section 90-4 requires a fire hydrant be located within 300 feet of all portions of buildings in commercial development..The measurements are to be taken by the centerline of the roadway surfaces on the property. Additionally, buildings exceeding 12,000 square feet may be required to be fire sprinklered or provided with fire seperation assemblies. An automatic fire sprinkler system will require an additional fire hydrant dedicated to the support of the sprinkler system, and shall be located within 50 feet of the Fire Department Connection. Access Comments Proffering of buildings for fire department training must be addressed through comments with the Greenwood Volunteer Fire & Rescue Company and no guarantee is given or implied as to permitting for demolition by burning. State and local laws and ordinances require additional steps and precautions for open air burning. Additional Comments Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title q17 1 '7 6 u T, R . 53 - A Frederick -Winchester Health Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia plllicant: P1e.ise'fill out t�. CCu!-, tctw "I's po""siW in order to assist the cdi :ricl - ti'inch.l:ster Health i ,:J)�Irtnl :II with theft tt;wh :; Copy of your rplication fornn, location map, proffer statement, inipact analysis, and any other !rtinent information. Applicant's Name: John Ross Telephone: 540-678-8500 Mailing Address: For My Kids LLC 122 Walls Circle Winchester Virginia 22603 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7 on Route 7. Current zoning: RA Zoning requested: B-2 Acreage: 2.020 Frederick -Winchester Health Department's Comments: 0-6 Health Dept. Signature & Date: 6 2 d 3 Notice to Health Department - Please Return This Form to the Applicant 26 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County. Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia _ p calit:' Please fill Out the iiiforlil iJOIi as accurately as passible iii'orcier to :issist'thc'Dcpartmcn ,; ks'& Recreation Nv Ith tlicir review. _attach a copy of your application orill location niap,proffe statement, inipactanalysis, rind any other pertinent information. Applicant's Name: John Ross Telephone: 540-678-8500 Mailing Address: For My Kids LLC 122 Walls Circle Winchester Virginia 22603 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7 on Route 7 Current zoning: RA Zoning requested: B-2 Acreage: 2.020 Parks & Recreation Comments: No comment Pks. & Rec. Signature & Date: (- .,Gr!A2111' %y%, 1e1'' S� Notice to Department ¢Barks & Recreation - Please Return This Form to the Applicant 23 • 0 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Mr. Tim Stowe, P.E. Anderson & Associates, Inc. Consulting Engineers 7722 Main Street Middletown, Virginia 22645 August 5, 2003 RE: Rezoning - Proposed Shenandoah Honda Site Frederick County, Virginia Dear Mr Stowe: We have completed our review of the rezoning request for the proposed site of the Shenandoah Honda. The approximate two (2) acre site currently exists as two (2) separate RA parcels and is owned by James and Ardeyth Butcher. Based on our review of the rezoning application including the impact analysis statement, we offer the following comments: 1) Revise the vicinity map to encompass the entire site shown on the survey plat. 2) Refer to paragraph C. Traffic. The discussion indicates a proposed taper leading up to the entrance off of Route 7. It will be necessary to evaluate the impact of this taper on the existing stream channel. It may be necessary to relocate Ash Hollow Run which will require a permit from the Department of Environmental Quality (D.E.Q.) A new bridge crossing will also require a permit from the D.E.Q. 3) Refer to paragraph D. Sewage Conveyance. The proposed design will incorporate a pump station to lift the sewage to a manhole located to the south off of Greenwood Road. The discussion should. indicate if sufficient easements are available to construct the force main especially within the Route 7 right-of-way. 107 North Kent Street - Winchester, Virginia 22601-5000 • 0 Proposed Shenandoah Honda Site Comments Page 2 August 5, 2003 4) Refer to Paragraph E. Water Supply. Indicate if the proposed road taper will impact the existing water main. 5) Refer to paragraph F. Drainage. During the site plan design phase, it will be necessary to evaluate the impact of the ten (10) and 100 year storms on the proposed development. The existing topographic conditions coupled with the remaining buildable area may preclude the construction of onsite stormwater management. Offsite improvements may be required to mitigate the impact of the proposed development. I can be reached at 665-5643 if you should have any questions regarding the above comments. Sincerely, E, %&W�A tvey trawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Development file M AY 2 3 M03 Rezoning Comments Superintendent of Frederick County Public Schools Mail to Frederick County.Public Schools Attn: Superintendent P.O. Box 3508 Winchester, Virginia 22604 (540) 662-3888 Hand deliver to: Frederick County Public Schools Attn: Superintendent School Administration Building 1415 Amherst Street Winchester, Virginia Applicant's Name: John Ross Telephone: 540-678-8500 -Mailing Address: - For My Kids LLC 122 Walls Circle Winchester, -Virginia- 22603 --Location of -property: _ Approximately- 185--feet-southeast of- the intersection of Greenwood— Road and Virginia Route 7 on Route 7. Current zoning: RA . Zoning requested: B-2 Acreage: 2.020 Superintendent of Public Schools' Comments: lin f Su erintendent s Signature&Date: A117,1 Notice to School Superintend - Please Return This Form to the Applicant > I 24 LI 0 Rezoning Comments Winchester Regional Airport Mail to Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant's Name: John Ross Telephone: 540-678-8500 Mailing Address: For. My Kids LLC 122 Walls Circle Winchester Virginia 22603 Location of property: - Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7 on Route 7 Current zoning: RA Zoning requested: B-2 Acreage: 2.020 Wincliester Regional Airport's Comments: Winch6sterRegional Airport's r l Signature & Date: Notice to Winchester Regional Airport - Please Return Form to Applicant 30 o WINCHESTER REGIONAL AIRPORT SERVING THE 491 AIRPORT ROAD Tor of wRGlwn WINCHESTER, VIRGINIA 22602 ......ty (540) 662.2422 June 10, 2003 John Ross For My Kids, LLC 122 Walls Circle --Winchester; Virginia-22601 Re: Rezoning Comments For My Kids; LLC Redbud Magisterial District Dear Mr. Ross: The above referenced proposal has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport. While the proposed development lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces. Thank you for your cooperation and consideration in the continuing safe .operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Greenwood Fire and Rescue Co Applicant's Name: John Ross Address & Phone 809 Greenwood Road Winchester, VA 22602 (540) 667-9417 Telephone: 540-678-8 500 Mailing Address: For My Kids LLC 122 Walls Circle Winchester, Virginia 22603 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7. on Route 7. Current zoning: RA Fire and Rescue Comments: IlFire & Rescue Company' D Signature & Date: Zoning requested: B-2 Acreage: 2.020 -a---7 Notice to Fire & Rescue Company - Please Return This Form to the'Applicaut 32 D� (� MAY 2 3 2003 Comments I ' /I a n Frederick -Winchester Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant's Name: John Ross Telephone: 540-678-8500 Mailing Address: For My Kids LLC 122 Walls Circle Winchester Virginia 22603 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7 on Route 7 Current zoning: 'RA Zoning requested: B-2 Acreage: 2.020 Fred -Wine Service Authority's Comments: no comtvtex�s Fred-Winc Service Auth ri 's Signature & Date: Q� Notice to Fred -Wine Service Authority - Please Return. Form to Applicant 33 RE T A X R E C E I P T Ticket #:00030420001 @@ FREDEB ICK COUNTY Date 4/16/2003 C. ILLIAM ORNDOFF, JR Register: CJO/CJ P_O._BOX 22$ Trans. #: 70723 WINCHESTER VA 22604-0225 Dept # PRRE Acct# 1577.7 REAL ESTATE TAXES PD IN ADVANCE . Previous 1.25 ACRES 55 A' --81 Balance $ 116:80 Acres: Land: 27000 Principal Being Paid $ 116.80 Imp: 5000 Penalty $ :00 BUTCHER, JAMES E'& ARDEYTH O Interest $ .00 116 EBERT RD WINCHESTER, VA.. 22603-4700 Amount Paid $ 116.80. *Balance Due $ .00 -Pd by' HAMILTON PC' BALANCE DUE INCLUDES PENALTY/INTEREST Check 116. 80 THRU THE .# BBT 4272 MONTH 4/2003. RE T A X R E C E I P T Ticket #:00030430001 @@ FREDERICK COUNTY Date 4/16/2003 .C. WILLIAM ORNDOFF, JR Register: CJO/CJ BOX 225 Trans. #: 70724 Dept # PRRE WINCHESTER VA•2.2604-0225 Acct# - 1577.6 • REAL ESTATE TAXES Pq-IN ADVANCE Previous 1.25'ACRES' 55 A 80 Balance $ 60..23 Acres: ` Principal Being Paid $ 60.23 Land:. 16000 Imp: 500 Penalty $ .00 Interest $ .00 BUTCHER, JAMES E & ARDEYTH O -116 EBERT RD' Amount Paid $ 60.23 WINCHESTER, VA 22603-4700 *Balance Due $ .00 Pd by HAMILTON PC Check 60.23 # B13T'4271 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH .4/2003-. Rezoning Comments Historic Resources Advisory Board Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 4th Floor 107 North Kent Street Winchester, Virginia pp Want Please fill.out the inforriiation as accurately as possible m order to assistthe 3istonc Resources Advisory Board;with their review Attach a'copy of your, application form,.ocatiov In ap, proffer statement, impact analysis, and';any other :pertinent mformatton t§s i Applicant's Name: John Ross Mailing Address: For My Kids LLC 122 Walls Circle Winchester, Virginia, 22603 Telephone: 540-678-8500 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7. on Route 7. Current zoning: RA HRAB Comments: Sea dctchcd JeJ er of syon5e. 11Signature & Date: Zoning requested: B-2 Acreage: 2.020 Notice to Advisory Board - Please Return Form to Applicant 19 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 20, 2003 Mr. Timothy S. Stowe. P.E., L.S. Anderson & Associates, Inc 7722 Main Street Middletown, VA 22645 RE: Shenandoah Honda Rezoning Proposal Dear Mr. Stowe: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of June 17, 2003. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information provided by the John D. Hutchinson V, of the Shenandoah Valley Battlefields Foundation. The HRAB also considered details you and the applicant, Mr. John Rosg, provided about the proposed rezoning. Historic Resources Advisory Board Comment: The parcels proposed to be rezoned from RA (Rural Areas) to B2 (Business General) are located within the limits of the Third Winchester (Opequon) Battlefield core area , as identified by the National Park Service, and along Route 7/Berryville Pike. The HRAB recognizes the Route 7 corridor, Berryville Canyon, as an important historic route into the City of Winchester. The HRAB is interested in preserving and aesthetically improving the corridor, with an emphasis on increased landscaping. The HRAB expresses their concern for loss of core historic battlefield and loss of views of the Berryville Canyon. Specifically, the HRAB had concerns regarding the impact of lighting, chain -link fencing, parking, and inappropriate architecture on the historic Berryville Canyon. Based on the above concerns, the HRAB was not in favor of the proposed rezoning. Please contact me with any questions concerning these comments from the HRAB. Sincerely, (tJ_ob Rebecca Ragsdale Planner I RAR/bad cc: Bessie Solenberger, HRAB Chairperson John Ross, 122 Walls Circle, Winchester, VA 22603 U ACOMMITIBM\I IRAB\Commcnls\2003\Shcn1 1ondaRZ.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 Rezoning_Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 [uoj 107 North Kent Street Winchester, Virginia PLANN1VC Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: -, a �,. �� S S Telephone: D 0 Mailing Address: L e I �,r•.e .n L. L C w s C Location of property: 4evN f-�I It 4 e I (r7 '- L" ' eQ s -+ o Current zoning: U Zoning requested: 9 - a Acreage: 2. O a, County Attorney's Comments: Assistant County Attorney's � Signature & Date: Notice to"Cotfnty Attorney Please Reivrn This Form to thepplitant 18 6 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 0 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street :Winchester, Virginia Applicant's Name: John Ross Telephone: 540-678-8500 Mailing Address: For My -Kids LLC 122 Walls Circle Winchester, Virginia 22603 Location of property: Approximately 185 feet southeast of the intersection of Greenwood Road and Virginia Route 7, on Route 7. Current zoning: RA Zoning requested: B-2 Acreage: 2.020 County Attorney's Comments: A si LCounty Attorney's Signature & Date: Notice to County Attorney ' 3 O 03 - Please Return This Form to the Applicant 18 0 REZONING IMPACT ANALYSIS STATEMENT PROPOSED SHENANDOAH HONDA SITE ROUTE 7 FREDERICK COUNTY, VIRGINIA May 20, 2003 Prepared for For My Kids, LLC. 122 Walls Circle Winchester, VA 22601 Prepared by Anderson & Associates, Inc. Consulting Engineers Middletown, Virginia JN 21328.00 TABLE OF CONTENTS PAGE A. SUITABILITY OF THE SITE 2 B. SURROUNDING PROPERTIES 2 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 3 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 4 I. IMPACT ON COMMUNITY FACILITIES 4 J. OTHER IMPACTS 5 APPENDIX A Maps A. SUITABILITY OF THE SITE Shenandoah Honda is proposing to relocate their operations to a new facility that will be constructed east of Greenwood Road and adjacent to Route 7 in Frederick County, VA. The subject site is a 2.02 acres comprised of two tax parcels, tax # 55-A-80 and 81, and is currently zoned Rural Agricultural (RA). It is requested that the property be rezoned to Business General District (B-2). The proposed facility will consist of a building that has approximately 20,000 sq. ft. floor space with associated parking and green space, thereby meeting the requirements of the proposed B-2 zoning. The site currently has two houses and a mobile home on it. Access to the property is from the eastbound lanes of Route 7, via a small bridge over Ash Hollow Run. The site is currently overgrown and in poor condition. Approximately 0.05 acres in the northeast corner of the site lies in the uppermost extents of the FEMA designated floodplain (zone A) for Ash Hollow Run. A records review revealed that FEMA has not performed a detailed flood study in this area. Approximately 0.5 acres of the site consists of slopes greater than 15%. There are no known wetlands on the site. There are also no mature woodlands on the site outside of the mature trees on the adjacent Route 7 right-of-way east of the existing bridge to the site. These trees will be preserved. The soils on this site are Berks channery silt loam and Weikert-Berks channery silt loam, neither of which is considered prime agricultural soil. Depth to bedrock and slope are the main factors that may create construction difficulties or hazards. See Figure 1 in Appendix A for a map showing features on the subject site. Overall this site is well suited to the proposed activity. The redevelopment of this rundown property provides a "brown fields" type of benefit to the county by renewing the property's role in the community. This redevelopment also dovetails nicely with the County's vision for the Route 7 corridor. With water and sewer service nearby for this project, there will be little additional demand on the County's resources to serve this project. Direct access to Route 7 provides a strong transportation link to the site, and with the low number of site trips will be more than adequate. B. SURROUNDING PROPERTIES There are three properties adjacent to the subject site. • West and south — the property is owned by Grace Brethren Church and is zoned rural agriculture - RA. East — The property is owned by Ronald E. and Alice M. Dehaven and is zoned rural agriculture - RA. • North - VDOT right-of-way for Route 7. Route 7 in this area is bifurcated, and the property on the north side of Route 7 is approximately 30 feet higher than the subject site and is owned by the Frederick County School Board. Figure 2 provides adjacent property information and distances to existing structures on adjacent properties. Rezoning and development of the property in question should not Shenandoah Honda Rezoning Impact Statement Page 2 have an adverse impact on adjacent properties in the way of noise, glare, fumes, pollution, odors or other nuisances. C. TRAFFIC It is projected that the rezoning of the property in question should have a minimal impact on surrounding roads and the County's adopted road improvement plan. The eastbound lane of Virginia Route 7 runs parallel to the north side of the subject site with existing access via a small bridge over Ash Hollow Run. The three homes on the site use this bridge for access. The Institute of Transportation Engineers' Trip Generation Manual was reviewed to determine the number of vehicular trips that this site will generate. However, there is not a land use description that closely matches the intended use. The land use in the Trip Generation Manual that comes closest to matching the intended use is that of "new car sales" and "automobile repair facility." However there are not nearly the number of four -wheelers and motorcycles in the market places as there are automobiles, so it is believed that these ITE estimates grossly overstate the number of trips that will be generated by this site. Therefore, based on actual trips generated by the existing Shenandoah Honda facility, it is estimated that the rezoning and development of the subject property will result in an additional 20 peak hour trips and 240 trips on average per weekday to Route 7 traffic. Shenandoah Honda currently operates from 9:OOam to 6:OOpm on weekdays, with additional hours on weekends. By operating during these times, the facility will not be open during the morning rush hour when traffic is heaviest on eastbound Route 7. The developer anticipates that there will be one tractor -trailer accessing the property about every other day. This will require that a new entrance be constructed to access the site, which will be able to accommodate these trucks. Additionally, using VDOT design guidelines, a pavement taper will be leading up to the entrance. A field visit with VDOT officials has been previously conducted and basic entrance requirements discussed including the aforementioned taper and a new crossing over Ash Hollow Run that will be required. The existing bridge will be removed. Based on VDOT data, the Average Annual Weekday Traffic Volume Estimate for this section of Route 7 is 24,000 vehicles per day. Since any additional traffic resulting from the rezoning of this property will occur during an off-peak time, the anticipated impacts on traffic operations are expected to be minimal. D. SEWAGE CONVEYANCE AND TREATMENT Based on Virginia Department of Health design values, it has been estimated that the proposed Shenandoah Honda facility will generate approximately 700 gpd of wastewater. This estimate is based on 15-35 gpd/person/8-hour shift. Currently, it is projected that the wastewater from this site will be pumped to the south along Greenwood Road connecting into the Frederick County Sanitation Authority's system. Shenandoah Honda Rezoning Impact Statement Page 3 E. WATER SUPPLY Based on values provided by the Virginia Department of Health, it is estimated that water usage for the developed property will be approximately 700 gpd. Currently, there is a 10" water main that runs along the northern property line in the shoulder of Route 7. It is anticipated that a tap will be made on this line. F. DRAINAGE Storm water from the subject site drains north via a natural swale along the center of the property directly to Ash Hollow Run, which borders the northeast end of the property. The existing 50" corrugated metal pipe/bridge that conveys Ash Hollow Run under the entrance to the property will be replaced with a new crossing, and onsite storm water management will be provided for development to reduce impacts to Ash Hollow Run. Generally, existing drainage patterns will be maintained. G. SOLID WASTE DISPOSAL FACILITIES It is anticipated that the rezoning and development of the property will generate approximately 550 cubic yards of solid waste a year. The solid waste will be disposed of in a dumpster housed in a fenced area on the site, and will be picked up twice a week by a private solid waste contractor as hired by the owner. H. HISTORIC SITES AND STRUCTURES There are no historic sites or structures that will be impacted by the rezoning of this property. Additionally, a review of the Shenandoah Valley Battlefields Management Plan does not show any battlefields on this site. IMPACT ON COMMUNITY FACILITIES Local revenues that will be generated from rezoning and development of this site include both local sales taxes and real estate tax. The real estate taxes will increase significantly since the owner plans to make significant improvements to the property. It appears that solid waste is the only County service that may be affected by this rezoning. Education and Parks and Recreation will not be required services for the developed property. Police and Fire Protection will not need to be increased since the three existing homes on the property will be razed. Solid waste disposal may increase slightly from what is generated on the site currently, but not so significantly that it will affect County operations. Shenandoah Honda Rezoning Impact Statement Page 4 J. OTHER IMPACTS It is not anticipated that there will be any other imp rezoning of the property in question. Shenandoah Honda Rezoning Impact Statement Page 5 0 • REZONING IMPACT ANALYSIS STATEMENT PROPOSED SHENANDOAH HONDA SITE ROUTE 7 FREDERICK COUNTY, VIRGINIA May 20, 2003 Prepared for For My Kids, LLC. 122 Walls Circle Winchester, VA 22601 Prepared by Anderson & Associates, Inc. Consulting Engineers Middletown, Virginia JN 21328.00 TABLE OF CONTENTS PAGE A. SUITABILITY OF THE SITE 2 B. SURROUNDING PROPERTIES 2 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 3 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 4 I. IMPACT ON COMMUNITY FACILITIES 4 J. OTHER IMPACTS 5 APPENDIX A Maps • 0 A. SUITABILITY OF THE SITE Shenandoah Honda is proposing to relocate their operations to a new facility that will be constructed east of Greenwood Road and adjacent to Route 7 in Frederick County, VA. The subject site is a 2.02 acres comprised of two tax parcels, tax # 55-A-80 and 81, and is currently zoned Rural Agricultural (RA). It is requested that the property be rezoned to Business General District (B-2). The proposed facility will consist of a building that has a 22,000 to 25,000 sq. ft. footprint with associated parking and green space. The facility will be comprised of 5000 sq. ft. of retail space for parts and sales display, 5000 sq. ft. of service area, and 12,000 to 15,000 sq. ft. of warehousing on the first floor. 2000 sq. ft. of office space and 2000 sq. ft. of service storage are planned to go on the second floor. The site currently has two houses and a mobile home on it. Access to' she property is from the eastbound lanes of Route 7, via a small bridge over Ash Hollow Run. The site is currently overgrown and in poor condition. Approximately 0.05 acres in the northeast corner of the site lies in the uppermost extents of the FEMA designated floodplain (zone A) for Ash Hollow Run. A records review revealed that FEMA has not performed a detailed flood study in this area. Approximately 0.5 acres of the site consists of slope greater than 15%. There are no known wetlands on the site. There are also no mature V�rl�' woodlands on the site outside of the mature trees on the adjacent Route 7 right of way east of the existing bridge to the site. These trees will be preserved. The soils on this site are Berks channery silt loam and Weikert-Berks channery silt loam, neither of which is considered prime agricultural soil. Depth to bedrock and slope are the main factors that may create construction difficulties or hazards. See Figure 1 in Appendix A for a map showing features on the subject site. Overall this site is well suited to the proposed activity. The redevelopment of this rundown property provides a "brown fields" type of benefit to the county by renewing the property's role in the community. This redevelopment also dovetails nicely with the County's vision for the Route 7 corridor. With water and sewer service nearby for this project, there will be little additional demand on the County's resources to serve this project. Direct access to Route 7 provides a strong transportation link to the site, and with the low number of site trips will be more than adequate. B. SURROUNDING PROPERTIES There are three properties adjacent to the subject site. • West and south —the property is owned by Grace Brethren Church and is zoned rural agriculture - RA. • East — The property is owned by Ronald E. and Alice M. Dehaven and is zoned rural agriculture - RA. • North - VDOT right-of-way for Route 7. Route 7 in this area is bifurcated, and the property on the north side of Route 7 is approximately 30 feet higher than the subject site and is owned by the Frederick County School Board. Shenandoah Honda Rezoning Impact Statement Page 2 • • 107 Figure 2 provides adjacent property information and distances to existing structures on adjacent properties. Rezoning and development of the property in question should not have an adverse impact on adjacent properties in the way of noise, glare, fumes, pollution, odors or other nuisances. TRAFFIC It is projected that the rezoning of the property in question should have a minimal impact on surrounding roads and the County's adopted road improvement plan. The eastbound lane of Virginia Route 7 runs parallel to the north side of the subject site with existing access via a small bridge over Ash Hollow Run. The three homes on the site used this bridge for access. The Institute of Transportation Engineers' Trip Generation Manual was reviewed to determine the number of vehicular trips that this site will generate. However, there is `t= 1 not a land use description that closely matches the intended use. The land use in the "new Trip Generation Manual that comes closest to matching the intended use is that of AA car sales" and "automobile repair facility." However there are not nearly the number of four -wheelers and motorcycles in the market places as there are automobiles, so it is.° believed that these ITE estimates grossly overstate the number of trips that will be 1'a generated by this site. Therefore, based on actual trips generated by the existing Shenandoah Honda facility has been estimated that the rezoning and development of the subject property will result in an additional 20 peak hour trips and 240 average trips" 4 on average per weekday to Route 7 traffic. Shenandoah Honda currently operates from 9:OOam to 6:OOpm on weekdays, with additional hours on weekends. By operating during these times, the facility will not be open during the morning rush hour when traffic is heaviest on eastbound Route 7. The developer anticipates that there will be one tractor -trailer accessing the property about every other day This will requir_ghat a new entrance be constructed to access the site which will be able to accommodate these trucks. Additionally, using VDOT design guidelines, a pavement taper will be leading up to the entrance. A field visits with VDOT officials has been previously conducted and basic entrance requirements discussed including the aforementioned taper and a new crossing over Ash Hollow Run will be required. The existing bridge will be removed. Based on VDOT data, the Average Annual Weekday Traffic Volume Estimate for this section of Route 7 is 24,000 vehicles per day. Since any additional traffic resulting from the rezoning of this property will occur during an off-peak time, the anticipated impacts on traffic operations are anticipated to be minimal. SEWAGE CONVEYANCE AND TREATMENT Based on Virginia Department of Health design values, it has been estimated that the proposed Shenandoah Honda facility will generate approximately 700 gpd of wastewater. This estimate is based on 15-35 gpd/person/8-hour shift. Currently, it is projected that the wastewater from this site will be pumped to the south along Greenwood Road and connects into the Frederick County Sanitation Authority's system. A map depicting this route is contained in Appendix A. Shenandoah Honda Rezoning Impact Statement Page 3 0 • E. WATER SUPPLY Based on values provided by the Virginia Department of Health, it is estimated that water usage for the developed property will be approximately 700 gpd. Currently, there is a 10" water main that runs along the northern property line in the shoulder of Route 7. It is anticipated that a tap will be made on this line. F. DRAINAGE Storm water from the subject site drains north via a natural swale along the center of the property directly to Ash Hollow Run, which borders the northeast end of the property. The existing 50" corrugated metal pipe/bridge that conveys Ash Hollow Run under the entrance to the property will be replaced with a new crossing, and onsite storm water management will be provided for development to reduce impacts to Ash Hollow Run. Generally, existing drainage patterns will be maintained. 4� G. SOLID WASTE DISPOSAL FACILITIES a -. It is anticipated that the rezoning and development of the property will generate approximately 550 cubic yards of solid waste a year. The solid waste will be disposed of in a dumpster housed in a fenced area on the site, and will be picked up twice a week by a private solid waste contractor as hired by the owner. H. HISTORIC SITES AND STRUCTURES There are no historic sites or structures that will be impacted by the rezoning of this property. Additionally, a review of the Shenandoah Valley Battlefields Management Plan does not show any battlefields on this site. I. IMPACT ON COMMUNITY FACILITIES Local revenues that will be generated from rezoning and development of this site include both local sales taxes and real estate tax. The real estate taxes will increase significantly since the owner plans to make significant improvements to the property. It appears that solid waste is the only County service that may be affected by this rezoning. Education and Parks and Recreation will not be required services for the developed property. Police and Fire Protection will not need to be increased since the three existing homes on the property will be razed. Solid waste disposal may increase slightly from what is generated on the site currently, but not so significantly that it will affect County operations. Shenandoah Honda Rezoning Impact Statement Page 4 0 • J. OTHER IMPACTS It is not anticipated that there will be any other impacts associated with the rezoning of the property in question. Shenandoah Honda Rezoning Impact Statement Page 5 • 0 APPENDIX A Maps LA EXISTING GRAVITY SEWER EXISTING FORCE MAIN PROPOSED SEWER LINE — EXISTING PUMP STATION 21328 — 002 — - -- -T ANDERSON & ASSOCIATES, INC. DATE aEBisiona: LL oesmnEo: SHENANDOAH HONDA PROPOSED SEWER PLA , BMEETProfessional Design Services Drown : r+eH FREDERICK COUNTY, VIRGINA °F www.andassoc.com nn Mn"se.e+ CHEDIa:D: M'OElebwn Ve B]61:Be00 CIArDC VIrgINa - North Carolina -Tennes,, 4 c� S w a 0 in o �n 0 06 0 00 00 N ¢ LO LO C � 0 0 �a — •N � C X O (p U I— c O f E 0-1 co c co a) DEED THIS DEED, made and dated this 151h day of April, 2003, by and between JAMES E. BUTCHER and ARDEYTH O. BUTCHER, husband and wife, parties of the first part, hereinafter called the Grantors, and FORMYKIDS, LLC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English Covenants of Title, unto the Grantee in fee simple, the following described real estate, together with all rights, rights of way, privileges and appurtenances thereto belonging, the following described property: PARCEL ONE: That certain lot or parcel of land, lying and being situate in Red Bud Magisterial District (formerly in Shawnee Magisterial District), Frederick County, Virginia, fronting on U.S. Highway No. 7 a distance of 224 feet, more or less, and extending back Southward between parallel lines a distance of 200 feet, more or less, to the rear of the property; PARCEL TWO: That certain lot or parcel of land, lying and being situate in Red Bud Magisterial District (formerly in Shawnee Magisterial District), Frederick County, Virginia, fronting on U.S. Highway No. 7, a distance of 224 feet, more or less, and extending back Southward between parallel lines to the land of Barham, formerly Wells and Stump, in the rear; and being more recently and particularly described by Survey Plat drawn by Kyle D. Austin, Land Surveyor, dated March 10, 2003, which said survey is attached hereto and by this reference hereby made a part hereof as if set forth in full; and being the same real property which the Grantors herein acquired by Deed dated July 26, 1990 from Ronald E. DeHaven and Alice M. DeHaven, husband and wife, which said Deed is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 748, at Page 1132. Reference is hereby made to the aforesaid plat and survey and Deed, and to the references therein contained, for a further and more particular description pf the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the followin signa nd seals: (SEAL) J ES E. BUTCHER STATE OF VIRGINIA, �AA�.W, �ga (SEAL) ARDEYTH O<' BUTCHER CITY OF WINCHESTER, to -wit: I, Susan R. Woodill, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that JAMES E. BUTCHER and ARDEYTH 0. BUTCHER, husband and wife, whose names are signed to the foregoing DEED bearing date the 15th day of April, 2003, have personally appeared before me and acknowledged the same in the City of Winchester, Virginia. Given under my hand this 15th day of April, 2003. My Commission expires: September 30, 2004. Notary Public HAARMOEEMD-d Iron MP to SMUTCHER TO ROSS.DEED-pd LEGEND IRON PIN FOUND OO IRON PIN SET �O ❑ CONCRETE MONUMENT FOUND O X� 6's 61 N35 5�, James E. & Ardeyth 0. Butcher D.B. 748 Pg. 1132 Tax # 55—A-80 Area: 1.005 Acres v' •tea. Grace Brethren Church D.B. 310 Pg. 10 Tax # 55—A-79 J IS Line Table Line Bearing Distance L1 S64'17'59"E 48.58' L2 S67'33'31 "E 69.55' L3 S64'32'52"E 105.87' L4 S64'32'52"E 6.93' FLOODNOTE: A Portion of the Caption Property is Located in a Special Flood Hazard Area so designated by the Secretary of Housing & Urban Development. The Caption Property is located in Flood Zones A and C and is referenced by FIRM Map # 510063 0120 8, Dated: July 17, 1978. Curve - C1 Central Angle: 3'14'06" Radius: 3844.72' Tangent: 108.57' Arc: 217.07' Chord: S61'39'46"E 217.04' "o G� �J James E. & Ardeyth 0. Butcher L D.B. 748 Pg. 1132 Tax # 55—A-81 J Area: 1.015 Acres Zone C 00. '5'e Zone A FEMA Designated 100 Year Flood Limit Ronald E. & Alice M. Dehaven W.B. 84 Pg. 118 Tax # 55—A-82 Survey Plat for Shenandoah Honda ��ALTH 0�, Showing Property of 3�//�03 r�� James E. & Ardeyth 0. Butcher ,, YLE D, AUG�� Deed Book 748, Page 1132 ,_ Shawnee Magisterial District �j �ICsE No. 9 Frederick County, Virginia 1483 Scale: 1 "= 80' Date: Mar. 10, 2003 d o4 9� sUIV 0 80' 160' N &ASSOCIATES, Inc. 7722 Main Street SCALE 1 "=80' &LANDERSO Middletown, Vlrglnla 22465 (540)869.2501 JN 21328.00 FLOODNOTE: A Portion of the Caption Property is " LEGEND Located in a Special Flood Hazard Area so M designated by the Secretary of Housing & Urban Development. The Caption Property is located in • IRON PIN FOUND a Flood Zones A and C and is referenced by FIRM O IRON PIN SET o Map # 510063 0120 B, Dated: July 17, 1978. m ❑ CONCRETE MONUMENT FOUND d \ O ° Curve — C1 Central Angle: 3'14'06" Radius: 3844.72' 1g� 95� ` �• Tangent: 108.57' ��,, �, • Arc: 217.07' N''S•58 �j• Chord: S61'39'46"E 217.04' James E. & Ardeyth 0. Butcher D.B. 748 Pg. 1132 OG� ya, Tax # 55—A-80 Area: 1.005 Acres <:J `ram.. 8' S,�,• E Z 35.5 James E. & N Ardeyth 0. Butcher L D.B. 748 Pg. 1132 y Tax # 55—A-81 ate- �s 03 Area: 1.015 Acres Zone C Grace Brethren Church D.B. 310 Pg. 10 Tax # 55—A-79 Zone A N'o FEMA Designated 1 oo Year Flood Limit Ronald E. & Alice M. Dehaven Line Table W.B. 84 Pg. 118 Line Bearin Distance Tax # 55—A-82 L1 S64'17'59"E 48.58' L2 S67'33'31 "E 69.55' L3 S64'32'52"E 10. 87' L4 S64'3252"E 6.93' Survey Piat for Shenandoah honda Showing Property of � kLTH 0�' James E. &Ardeyth 0. Butcher Deed Book 748, Page 1132 E D. AU TG� Shawnee Magisterial District �'Frederick County, Virginia LICENSE No. 1483 Scale: 1 "= 80' Date: Mar. 10, 2003 �91VD S F,`L�4 0 80' 1 60' ANDERSON & ASSOCIATES, Inc. 7722 Main Street r(540) 869 2501 SCALE 1 "=80'iddletown1rginia 22465 JN 21328.00 1Z.* EGEND N PIN FOUND N PIN SET `0 NCRETE MONUMENT FOUND �rrp r James E. & N Ardeyth 0. Butcher D.B. 748 Pg. 1132 Tax j 55-A-80 Area: 1.005 Acres FL00DNOTE A Portion oft option Property is Located in a Special ood Hazard Area so designated by the Secretary of Housing & Urban Development. The Caption Property is located in Flood Zones A and C and is referenced by FIRM Map j 510063 0120 B, Dated: July 17, 1978. Curve - C1 Central Angle: 3' 14'06" Radius: 3844.72' Tangent: 108.57' Arc: 217.07' ak ;1. Chord: S61'39'46"E 217.04' 0 <J James E. & Ardeyth 0. Butcher G D.B.74B Pg. 1132 0'. y Tax 55-A-81 L °6� s Area: 1.015 Acres Grace Brethren Church `'� zone c D.B. 310 Pg. 10 Tax j 55-A-79 ,"�` Zone A Line Table Line Bearing Distance L1' S64'17'59"E 48.56' L2 S67'33'31 "E 69.55' L3 S64'32'52"E 105.i 7' L4 S64'.32'52"E 6.93' FEMA Designated 100 Year Flood Limit Ronald E. & Alice M. Dehaven W.B. 84 Pg. 11B \ Tax # 55-A-82 0 c� C-J Survey Plat for Shenandoah Honda TH 0�, Showing Property of ��c�. James E. & Ardeyth 0. Butcher /�a3 Deed Book 748, Page 1132 AU � Shawnee Magisterial District SE No. :'P'41Ab Frederick County, Virginia 483Scale: 1"= 80' Date; Mar. 10, 2003 SUR, 0 80' 160, ANDERSON & ASSOCIATES, Inc. Mreet iddletownMain , Virginia 22465 SCALE 1 "=80 a (540) 669-2501 J14 21328.00 I JN 21 e i Z .aR; A�'F7�r11. Y x Q9Q�ANDERSON ANDASSOCIATES, Inc. . s�-'r. •�- - ire � d� e � P s _ VA ROUTE 7 WESTBOUND x A ROUTE 7 EASTBOUND B-2 ZONING RETAIL COMMERCIAL ACTIVE BUFFER INACTIVE BUFFER - MATURE TREES TO REMA `oo cuCAlAnlnnAW unKIne ppopF•RTY vt�"UU GENERALIZED DEVELOPMENT PLAN _ 0 100 9 FREDERICK COUNTY, VIRGINIA SCALE IN FEET SEPTEMBER 17, 2003 ,Ilm 1Ilm 0 1000 2000 VICINITY M A P SCALE IN FEET SHENANDOAH HONDA FREDERICK COUNTY, VIRGINIA /LANDERSON UAND ASSOCIATES, Inc. *LEGEND • IRON PIN FOUND IRON PIN SET o CONCRETE MONUMENT FOUND �o �� FLOODNOTE: A Portion of the Caption Property is 41&ted In a Special Flood Hazard Area so 7gnoted by the Secretary of Housing do Urban evelopment. The Caption Property is located in Flood Zones A and C and is referenced by FIRM Map # 510063 0120 8, Dated: July 17. 1978. Curve — C1 Central Angle: 3'14'06" Radius: 3844.72' 9� 95 �• Tangent:' 108.57' �i Arc: 217.07' Chord: S61'39'46"E 217.04' James E. & Ardeyth 0. Butcher D.B. 748 Pg. 1132 Tax I 55—A-80 Area: 1.005 Acres OA rece e. {•x � Sy -A -So .,,,I #ss-�4- 8l 1 n0' J �\� N3558+5� James E. & Ardeyth 0. Butcher G D.B. 748 Pg. 1132 °�. y Tax 55—A-81 0� � J ��r �1 o � fr' Ar$a: 1.015 Acres f Grace Brethren Church env. Z°"' c�%r o+ D.B. 310 Pg. 10 '�� f 200 0 Tax j 55—A-79 �a+ro1'�' Zone A Line Table Line Bearing Distance L1 S64'17'59"E 48.58' L2 S6T33'31 "E 69.55' L3 S64'32'52"-E 105.87' L4 S64'32'52"E 1 6.93' IFEMA Designated ' 10o Year Flood Limit Ronald E. & Alice M. Dehaven W.B.84 Pg. 118 Tax j 55—A-82 Survey Plat for Shenando%m h Honda Showing Property of James E. & Ardeyth 0. Butcher r�'G,Deed Book 748, Page 1132 INShawnee Magisterial District 3AU§TIN Frederick County, Virginia Scale: 1"= 80' Date: Mar. 10, 2003 0 80' 160' ANDERSON &ASSOCIATES; Inc. �465 )�Q77Z2 Maln Street �( SCALE 1 "=80' Y M540)'869 25Dir9I"Ia JN 21328,00 c C 12 G O O Z W W G= C9 0 100 200 ------------- SCALE IN FEET ANDERSON & ASSOCIATES, INC. / \�/ \� Professional Design Services 7TZZ Mein 6"81 yTy ,.andassoc.com ^_ T^^^eOQee MiddI.I.wn Ve 22645-95M FIGURE 2. ADJACENT PROPERTY MAPPING SHENANDOAH HONDA FREDERICK COUNTY, VIRGINIA DATE REVISIONS: SHENANDOAN HONDA DESIGNED: TS DRAWN : FISH FREDERICK COUNTY, VIRGINA CHECKED MIOC .. TINGLE FAMILY RESIDENCE e M. Dehaven RA 21328 OF n n ANDERSON & ASSOCIATES;;= INC. °;; p„ "� SHENANDOAH HONDA EXISTING PROPERTY Q�Q�Profe ionel Dmlpn Servioea o v„ W-end.....FREDERICKCOUNTY VIRGINIAVI 1 1 Nonh C roll T n r __ _ 3 e , he Jtr For My / I' 'Shenan • p ins, of =•'� I YAND NDERSON Professional Design Services ASSOCIATES, INC. August 5, 2003 Mr. Lloyd Ingram Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 RE: Rezoning for Shenandoah Honda Route 7, Fredrick County, VA JN 21328 Dear Mr. Ingram: Thank you for taking time to meet with me last week to discuss your comments concerning the rezoning application for the proposed Shenandoah Honda facility on Route 7 in Frederick County. The purpose of this letter is to provide you with additional information pertaining to the preferred location of the entrance for the proposed site, and to request that the entrance location not be aligned with the existing crossover on Route 7. As we discussed, there are a number of factors that were considered when the location for the proposed entrance for this commercial development was sited. Among those considerations was safety of the traveling public, environmental impacts and flood plain impacts. The following sections provide additional information pertaining to these topics and those mentioned in your letter dated June 18, 2003.1 am including the text from your letter in italics for reference. To provide safe ingress/egress, additional right-of-way will be needed to allow the developer to move the existing guardrail farther off the edge of existing pavement to allow for a full width shoulder The impacts on the environments associated with aligning the proposed entrance with the existing cross -over ramp and widening the shoulder east of the proposed entrance will be severe and it is believed will have long term negative impacts on the environment without reciprocal improvements in safety for the traveling public. These impacts include the loss of numerous mature trees, impacts on aquatic and plant life in Ash Hollow Run that will result from relocating about 200 linear feet of the stream, and impacts on the FEMA designated flood plain. The following paragraphs provide more details about these important considerations: 1. Our preliminary plans call for relocating the guardrail and constructing a 200' taper on the approach side of the proposed entrance. While it appears that this can be accomplished within the existing right-of-way, the developer is prepared to dedicate additional right-of-way as'required. To the east of the proposed entrance location, we propose to leave the eAsting shoulder and guardrail in place due to the significant An Employee -owned Company 7722 Main Street, Middletown, VA 22645 (540) 969-2501 (540) 669-2625 fax www.andassoc.com Blacksburg, Fredericksburg, Middletown & Richmond, Virginia • Greensboro, North Carolina • Tri-Cities, Tennessee -r Mr. Ingram August 5, 2003 Page 2 environmental consequences that will result from widening the shoulder in F this area. 2. We too desire safe ingresslegress for the patrons of the proposed facility and have reviewed the sight distance available at the proposed entrance location. As measured from the project map, there will be approximately 425' from the center of Greenwood Road to the center of the exiting lane of traffic at the proposed site. Since there are no visual obstructions between these two points, all of this is considered to be stopping sight distance. There is approximately 200 additional feet of sight distance east of the Greenwood Road signal, providing a total approximate sight distance at the exit from the site of 625'. For a 60 mph design speed, the VDOT Design Standards call for a minimum 525' sight distance and the AASHTO Green Book calls for 570'. The posted speed limit is 45niph east of the proposed entrance that requires about 400 feet of sight distance. 3. It is my understanding that the Department does not want ownership of the stream crossing that will be constructed to access the site. Specific right-of-way location information will need to be coordinated during the design and platting phase of the project to establish the line in the desired location. 4. Providing a full width shoulder to the east of the proposed entrance location will necessitate relocating approximately 200 feet of Ash Hollow Run. The relocation of this section of natural stream will disrupt the natural habitat of the animal and plant life in and around the stream and will require years to reestablish it due to the additional loss of the mature trees in the path of the entrance at this location. 5. Providing a full width shoulder will necessitate revisions to the FEMA designated flood plain that exists along Ash Hollow Run east of the existing entrance. Affecting the flood plain at this location will have significant and detrimental effects on the adjoining property owner east of the proposed site. 6. The location of the eastern property line for the subject tract, and the live stream discharging from the culvert under Route 7, place limits on how far east the proposed entrance and the full width shoulder can be shifted. The entrance cannot be shifted to the point where it will align with the crossover, and shoulder width improvements will be limited by property .ownership as well as environmental impacts. 7. Aligning the proposed entrance with the Morgan Mill crossover will necessitate removal of a large portion, if not all, of the mature trees on the site. Ms. Abbe Kennedy of the Frederick County Planning Department has asked us to preserve the mature trees on the site in order to mitigate the 0 Mr. Ingram August 5, 2003 Page 3 E visual impacts of the development. Since the mature trees along the front of the project east of the proposed entrance location are behind the existing guardrail, it is believed that they are not currently a safety problem. The commercial entrance to the property should be aligned across from the Morgan Mill crossover deceleration ramp. This would reduce a dangerous weave situation by customers trying to utilize the Morgan Mill crossover. It should be noted there is a proffer in the Red Bud Run Subdivision for closing this crossover if deemed prudent by either VDOT or Frederick County. Prior to submitting the request for rezoning comments I met on site with Mr. Ben Lineberry and Mr. Dave Helronimous of VDOT to discuss the location of the proposed entrance for the development. Primary in our discussion was the safety of the traveling public and the patrons of the proposed facility. I left that meeting with an understanding that it will be acceptable to offset the proposed entrance from the crossover since aligning the two will create a more potentially unsafe condition. I would like to highlight the following factors for your consideration: 1. The entrance will connect to the eastbound lanes of Route 7 and will have no impact on the westbound traffic or roadway. Therefore drivers exiting the site will only need to look for traffic to their left (drivers side). 2. The existing Morgan Mill crossover is a V shaped crossover, with a steep grade between the eastbound lanes and the westbound lanes. There is a very short taper provided at the lower end of the ramps, and the ramp movements from and to the eastbound lanes are for one-way traffic. 3. While aligning the entrances will eliminate a brief merge movement for exiting drivers, the more than adequate sight distance will enable exiting motorists to clearly see oncoming traffic and thus avoid pulling into the path of approaching vehicles. Aligning the entrance with the crossover will encourage exiting motorist to dart across the roadway ahead of approaching vehicles rather than wait for a clear opening. 4. Alignment of the proposed entrance with the crossover will create an attractive nuisance, and will tempt some drivers to take a shortcut by traveling down the one-way ramp in the wrong direction to enter the proposed site. Since motorists on eastbound Route 7 will not be expecting a vehicle to be approaching them almost head-on from the left hand side of the road, the shock factor as well as the potential for collisions is very real. It is reported that some accidents of this type have already occurred at this location. Mr. Ingram August 5, 2003 Page 4 5. While the ramps -in the subject crossover are signed for one-way traffic, drivers attempting to take the aforementioned shortcut will cause a vehicular conflict on the ramp itself where the pavement width is inadequate for two vehicles to pass. G. The upstream traffic signal at the intersection of Route 7 and Greenwood Road creates platooning of vehicles on Route 7 each time the traffic light cycles through a red -green cycle. This platooning action will provide gaps in the traffic flow on Route 7 which will give motorist exiting the proposed development a clear window of opportunity to merge into traffic on Route 7 and continue eastward or use the crossover ramp. 7. As stated in your correspondence, VDOT and Frederick County are considering closing this cross -over as part of a proffer associated with a development project. This raises significant questions about the benefits associated with aligning the proposed entrance with the subject crossover. Should this crossover be closed, significant environmental impacts will have occurred without the purported safety benefits being realized. In closing, based on the information presented herein it is believed that the negative impacts associated with relocating Ash Hollow Run, affecting the flood plain and cutting the mature trees are far greater than the benefits that will be gained by aligning the entrance with the crossover and widening the shoulder east of the proposed entrance. I respectfully request that you review this information and allow this project to move forward with a new commercial entrance constructed as shown in the attached diagram. Should you have any questions, please do not hesitate to contact me. Sincerely ANDERSON & ASSOCIATES, INC. Timothy S. Stowe, PE, LS Executive Vice President CC: Mr. John Ross retry oup T. ljor Group 55.—A "'y C� ST El STATIONS STANDARD INDUSTRIAL CLASSIFICATION The Major Group as a Whole Industry No. GASOLINE SERVICE STATIONS. This major group includes retail dealers selling new and used automobiles, boats, recr those selling new automo- 5541 Gasoline Service Stations ational vehicles, utility trailers, and motorcycles including mopeds; stations. Automobile repair shops maintained ' Gasoline service stations primarily engaged in selling gasoline and lubricat- bile parts and accessories; and gasoline service the sale of new automobiles are also included. a ing oils. These establishments frequently sell other merchandise, such as tires, by establishments engaged in Trade, Ind s automobile parts are classified in Wholesale Trade, Indus - batteries, and other automobile parts, or perform minor repair work. Gasoline primarily engaged in selling used stations combined with other activities, such as grocery stores, convenience try 5015. stores, or carwashes, are classified according to the primary activity. Automobile service It■Hone—retail Marine service stsuona—retell Filling stations, geeolins—stall Service stations, ga■oline—retail Industry Group Industry No. No. ' (]-oil.. end all—retall 'heck •tap• —retail MOTOR VEHICLE DEALERS (NEW AND USED) BOAT DEALERS 651 Vehicle Dealers (New and Used) 6561 Borst Dealers 5511 Motor engaged in the retail sale of new automobiles or Establishments primarily engaged in the retail sale of new and used motor- Establishments primarily new and used automobiles. These establishments frequently maintain repair tires, batteries, and auto- boats and other watercraft, marine supplies, and outboard motors. departments and carry stooks of replacement parts Y an vane Boat de°lera—retall Motorboat dealer—retall motive accessories. These establishments also frequently sell pickups Marine supply deaters—retell outboard motor dealer.—retal at retail. RECREATIONAL VEHICLE DEALERS Automobile agencies (dealers) —retell Motor vehicle dealer, race and wed can —retail 65&1 Recreational Vehicle Dealers Automobiles, new and wed —retail pickups and vane, now and eyed —retell Can, now and wad —retail Establishments primarily engaged in the retail sale of new and used motor 552 MOTOR VEHICLE DEALERS (USED ONLY) Homes, recreational trailers, and campers (pickup coaches). Establishments Motor Vehicle Dealers (Used Only) primarily engaged in the retail sale of mobile homes are classified in Industry 6621 engaged in the retail sale of used cars only, with 5271, and those selling utility trailers are classified in Industry 5599. Establishments primarily These establishments also frequently sell used Camper (pickup coaches) for mounting Recreational vchlcls parts and acceeso• eviratan e. trucks—retll sa— no sales of new automobiles. and vane at retail. Rfaor home deai —ratan 'ravel trailers, automobile: new and Recreational vehicle dad.n—raiall wed —mall pickups Pickups and TAM, wed only —retail Mtlgw autos—rotaLL Automobiles, wed car only —retail MOTORCYCLE DEALERS Motor vehicle dealers, wed ran only — retail 5571 Motorcycle Dealers AUTO AND HOME SUPPLY STORES Establishments primarily engaged in the retail sale of new and used motor- 553 d Home Supply Stores Auto any cycles, including motor scooters and mopeds, and all -terrain vehicles. 5531 engaged in the retail sale of new automobile tires, All-t—raln .°wets,—r.t,B Motor.roace—retell Bicycles, motorized —stall Motorcycl. d..I —retail Metonrel. Establishments primarily batteries, and other automobile parts and accessories. Such establishments e- and television Mopedrrotail p.r4—retell quently sell s substantial amount of home appliances, radios, Whole - in are classified in Wholo- AUTOMOTIVE DEALERS, NOT ELSEWHERE CLASSIFIED sets. Establishments dealing primarily used parts engaged in both selling 5599 Automotive Dealers, Not Elsewhere Classified sale Trade, Industry 5015. Establishments primarily parts as transmissions, mufflers, brake linings, Establishments primarily engaged in the retail Bale of new and used auto - and installing such automotive and glass are classified in Services, Industry Group 753. motive vehicles, utility trailers, and automotive equipment and supplies, not Speed shop —retell al"..di ocem-yd•i•`a—`eel TIr° dealers, °ti"°—`°tea elsewhere classified, such as snowmobiles, dlmebuggies, and gocarts. Also in Automobile Automobile atr-eonditioning equipment, byre, battery, and aensooq dnalers— , and eluded in this industry are establishments primarily engaged in the retail sale ..I. and Inst■ll.tlon—ratall rateli Automobile parts dealers —retell t- of aircraft. Battery dealers, automobile —retail Aircraft dealers —retail Snowmoblleo—r.tall Dun•buggies—retail 71rallem, uti lty—retail , aocarta—ratell Utility trails° —retell . 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING November 5, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #11-03 FOR MY KIDS, LLC - SHENANDOAH HONDA On behalf of the Frederick County Plamling Commission, you are hereby notified of a public hearing being held on Wednesday, November 19, 2003, 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 #11-03 of For My Kids, LLC - Shenandoah Honda, submitted by John Ross, to rezone 2.020 acres from RA (Rural Areas) District to B2 (Business, General) District. This property is located on Berryville Pike (Route 7), approximately 185 feet southeast of the intersection of Greenwood Road (Route 656) and Berryville Pike (Route 7), and is identified with Property Identification Numbers 55-A- 80 and 55-A-81 in the Red Bud Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Plamling and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, o Abbe S. Kennedy Senior Planner ASK/bad 0A\Agendas\Adjoiner Ltrs\2003\REZ0NINGS\For My Kids LLC PC.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • • t%�isjto certify that the attached correspondence was mailed to the following on ��� from the Department of Planning and Development, Frederick County, Virginia: 55 - A- - 79- GRACE BRETHERN CHURCH CIO WINCHESTER GRACE BRETHERN 143 GREENWOOD RD WINCHESTER, VA. 22602.7922 55 - A- - 82- DEHAVEN, RONALD EDWARD 2142 BERRYVILLE PIKE WINCHESTER, VA. 22603.4806 55 - A- - 22- COUNTY SCHOOL BOARD OF FREDERICK 5 N KENT ST WINCHESTER, VA 22601.5037 55 - A- - 80- g I FORMYKIDS, LLC 122 WALLS CIR WINCHESTER, VA 22602.6939 (-)(-vrvE/Q- q /IPPL/C,4/jj- Abbe S. ennedy, Senior Pl r Frederick County Planning Dept. STATE OF VIRGMA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do h by certify that e S. Kennedy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated n -r". r o 00 - has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this My commission expires on NO AR4P; LIC 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 1, 2003 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #11-03 FOR MY KIDS, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 15, 2003, 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 #11-03 of For My Kids, LLC, submitted by John Ross, to rezone 2.020 acres from RA (Rural Areas) District to B2 (Business, General) District. This property is located on Route 7, approximately 185 feet southeast of the intersection of Greenwood Road and Route 7, and is identified with Property Identification Numbers 55-A-80 and 55-A-81 in the Red Bud Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Plamiing and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Abbe S. Kemied Senior Planner ASK/bad O:\Agendm\Adjoiner Lds\200MRGZONINGS\Por My Kids LLC PC.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 i 0 Thi is to certify that the attached correspondence was mailed to the following on O D from the Department of Planning and Development, Frederick County, Virginia: 55 - A- - 79- GRACE BRETHERN CHURCH CIO WINCHESTER GRACE BRETHERN 143 GREENWOOD RD WINCHESTER, VA. 22602-7922 55 - A- - 82- DEHAVEN, RONALD EDWARD 2142 BERRYVILLE PIKE WINCHESTER, VA. 22603.4806 55 - A- - 22. COUNTY SCHOOL BOARD OF FREDERICK 5 N KENT ST WINCHESTER, VA 22601-5037 55 - A- - 80- Ft IZOSS FORMYKIDS, LLC 122 WALLS CIR WINCHESTER, VA 22602.6939 o to i-A"e- '� f}PPG I c'jN,— Abbe S. Kennedy, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FRED RICK a Notary Public in and for the State and County aforesaid, do li6reby certify that be S. Kennedy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated �- (f a Go , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of [��d b My commission expires on Q &, a- � � � t NOTARY PU IC /1\-y /-� l bS l-Z-( Adjoining Property Owners Rezoning F Barbara - Data Processin . Planning Dept. ✓ �Please print sets of labels by: 16411�3 THANKSIII Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification nrunber which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Winchester Grace Brethren Church 143 Greenwood Road Winchester, VA 22601 Property # 55-A-79 Name Ronald E. & Alice M. Dehaven 2142 Berryville Avenue Winchester, VA 22601 Property # 55-A-82 Name Frederick County School Board 1415 Amherst Street Winchester, VA 22604-2546 Property # 55-A-22 Name Property # Name Property # Name Property ## Name Property # Name Property # Name Property # ;a o �fti Rom -- � -��- 90�- /a A w1Vffaa�o3 a�5 15 Pt eluL ASH 0 • TO: Frederick County Historic Resources Advisory Board Rebecca Ragsdale, Frederick County Planner I Tim Stowe, Anderson & Associates, Inc. FROM: John D. Hutchinson V, AICP SUBJECT: Third Winchester Core Area and Shenandoah Honda Rezoning DATE: 17 June 2003 This memo concerns the proposed rezoning of 2.02 acres of land from the Rural Areas (RA) Zoning District to the Business General (B-2) Zoning District. The application is on behalf of Winchester Honda. It is a policy of the Shenandoah Valley Battlefields Foundation to inform localities and landowners when their projects, permits, and actions will occur on or impact battlefield land. As stated in Ms. Ragsdale's memo of the 2 June 2003, the subject property is in the core area of the Third Winchester Battlefield, as defined by the National Park Service (NPS) in its Study of Civil War Sites in the Shenandoah Valley of Virginia and the Shenandoah Valley Battlefields National Historic District Managenzent Plan. The project proposed by Winchester Honda is not in the Winchester Cluster Conservation Area where the Battlefields Foundation seeks to acquire land and conservation easements. However, the property's conversion to intensive commercial uses is likely to negatively impact the Berryville Canyon in which it lays, an essential feature of the Third Winchester battlefield core area. The memo is correct in stating, "the most intense fighting [at Third Winchester] occurred on the Caleb Heights property, the Hackwood Farm, and portions of the Huntsberry and [Frederick County] School Board properties." However, the statement that "the Shenandoah Honda site is located in areas of troop movement," incorrectly implies that combat did not occur on the subject property. By definition, the core area of each battlefield includes only "those areas of confrontational deulovment, heaviest fiahtine, and most severe casualties" known in modern military terms as the "killing zone" (page 4 NPS 1992). Therefore, the notion that a property is within a core area and not in an area of intense fighting is contradictory and incorrect. The subject property, for instance, is in the area on which Union troops moving west into Winchester made contact with and began fighting with Confederate troops defending the city. According to the 1992 NPS Valley study, Federals and Confederates fanned out from the Berryville Canyon here and commenced to kill one another. Even though more intense combat occurred on other parts of the battlefield at other stages of the battle, an important phase of the battle that is essential to understanding the conflict occurred on the land proposed for rezoning. 0 • Contrary to the information in the "impact statement" provided by Anderson and Associates, the Shenandoah Valley Battlefields National Historic District Management Plan shows clearly in Appendix E, Map E-10 that the proposed project is located entirely on the core area of the Third Winchester battlefield. Map E-8 shows the property is partially on the study area of the Second Winchester battlefield. The county's GIS system also contains the boundaries of the battlefield core and study areas and provides a ready and easily readable reference for locating project sites vis-a-vis the battlefields that is not dependent upon the interpretation of those proposing planning and zoning changes. This information is well -documented in Frederick County's Third Winchester (Opequon) Battlefield Preservation Plan. This plan, approved by the Frederic County Board of Supervisors in 1999, places the property in the "Secondary Preservation Area" for Third Winchester. According to the county's plan, "These areas abut the primary preservation area and/or are within the viewshed of key visitor travel routes (Red Bud Road, Milburn Road, and Berryville Pike [US Route 7]). Views of these lands are to be protected to the extent possible so as to maintain the historic integrity of the park and enhance visitor experience" (p. 6-17). The county's plan further recommends that when properties in the Berryville Canyon (like the subject) are developed that "zoning ordinance restrictions on the development of steep slopes" be applied. As shown in the map by Anderson and Associates entitled "Vicinity Map" the project area is on the slope of the Berryville Canyon and spans elevations ranging from more than 660 feet to less than 600 feet over a distance of about 70 feet. A slope of approximately 1 to 1 far exceeds the zoning ordinance definition of "steep slope," (1 to 0.15). Construction of a commercial building and parking areas on the site would require extensive grading and filling. We trust that as this rezoning request moves through the Frederick County Historic Resources Advisory Board, the Planning Commission, and the Board of Supervisors, due consideration will be given to the location of the project within the battlefield core area. Great pains were taken with the recently approved rezoning and master plan for the McTieman property to protect steep slopes and views within the Berryville Canyon. Commensurate consideration is needed in considering the rezoning proposed by Winchester Honda. More detailed definitions of the core and study areas are attached for future reference. 0 • Core and Studv Area Definitions The National Park Service (NPS) mapped the study and core areas of the battlefield in its Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. According to the study, the "battlefield study area was drawn to encompass all components of the conflict. These components might include approach routes, areas of troop concentrations, reserve positions, a commander's headquarters, signal stations or other important observation points, battle lines, maneuver areas, assault areas, artillery positions, retreat routes, and places where the armies bivouacked before or after fighting when these are nearby. The study area is viewed as providing a strategic context and geographic setting for understanding the conflict in question" (page 4 NPS 1992).' Each core area includes "those areas of confiontational deployment, heaviest fighting, and most severe casualties" known in modern military terms as the "killing zone" (page 4 NPS 1992). Appendix C: GIS Map Database of the 1992 NPS study gives a more complete definition of study and core areas. These definitions, found on page 175 of the report, are quoted below. The study area for each battlefield is that area which encompasses all of the battlefield's ❑ areal features: staging areas, engagement areas, skirmish areas, holding action areas, bivouac areas, and troop reserve areas; ❑ sites: command posts, signal stations, hospitals, event sites (e.g. place where a general was mortally wounded) observation posts, markers, and monuments; ❑ movements: approaches to battlefield, retreats or withdrawals from battlefield, Ranking movements, attack movements, and pursuit movements; and ❑ positions: picket lines, skirmish lines, battle lines, regroup positions, artillery positions, entrenched troop positions, and unentrenched troop positions. The above features are included within a battlefield whenever they are involved in a hostile action with an opposing force or whenever they are involved in an action or reaction generated by an opposing force in immediate proximity to each other. The core area for each battlefield is that area which encompasses all the critical phases defined for the battle. Battles have been divided into phases reflecting the progress of the battle. Phases cover the convergence and deployment of opposing forces, the development and execution of the battle, and the disengagement and withdrawal of these forces. The core area of the battlefield[s] encompass those phases that had tactical importance to the battle, constituted the most intense fighting during the battle, or involved decisive moments or turning points of the battle. Congress used this information established the boundaries of the study and core areas of Second and Third Winchester in the Shenandoah Valley Battlefields National Historic District and The National Park Service Interagency Resources Division (NPS). 1992. Study of Civil War Sites in the Shenandoah Valley of Virginia: Pursuant to Public Law 101-628. 0 • Commission Act of 1996.2 The act describes the boundaries of 10 Civil War battlefields and the eight -county Shenandoah Valley Battlefields National Historic District by reference to "land and interest therein as generally depicted on the map entitled `Shenandoah Valley National Battlefields' numbered SHVA/80,000 and dated April 1994." Pursuant to the mandate of the act, the Shenandoah Valley Battlefields National Historic District Commission was established in 1997. The Commission was specifically charged with creating a plan encompassing "an inventory which includes any property in the District which should be preserved, managed, maintained, or acquired because of its national historic significance." In creating the legislated Shenandoah Valley Battlefields National Historic District Management Plan, the Commission relied on the map numbered SHVA/80,000 and the accompanying GIS database for such an inventory. Battlefield boundaries were reviewed again and confirmed by the Commission with input from numerous eminent Civil War historians. While the entire GIS inventory was not included in the management plan, its contents are displayed graphically in Appendix E: Battlefield Maps of said plan. 2 P.L. 104-333 Sec. 606 Shenandoah Valley Battlefields. REZONING IMPACT ANALYSIS STATEMENT PROPOSED SHENANDOAH HONDA SITE ROUTE 7 FREDERICK COUNTY, VIRGINIA May 20, 2003 Prepared for For My Kids, LLC. 122 Walls Circle Winchester, VA 22601 Prepared by Anderson & Associates, Inc. Consulting Engineers Middletown, Virginia J N 21328.00 0 • TABLE OF CONTENTS PAGE A. SUITABILITY OF THE SITE 2 B. SURROUNDING PROPERTIES 2 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 3 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 4 I. IMPACT ON COMMUNITY FACILITIES 4 J. OTHER IMPACTS 5 APPENDIX A Maps A. SUITABILITY OF THE SITE Shenandoah Honda is proposing to relocate their operations to a new facility that will be constructed east of Greenwood Road and adjacent to Route 7 in Frederick County, VA. The subject site is a 2.02 acres comprised of two tax parcels, tax # 55-A-80 and 81, and is currently zoned Rural Agricultural (RA). It is requested that the property be rezoned to Business General District (B-2). The proposed facility will consist of a building that has approximately 20,000 sq. ft. floor space with associated parking and green space, thereby meeting the requirements of the proposed B-2 zoning. The site currently has two houses and a mobile home on it. Access to the property is from the eastbound lanes of Route 7, via a small bridge over Ash Hollow Run. The site is currently overgrown and in poor condition. Approximately 0.05 acres in the northeast corner of the site lies in the uppermost extents of the FEMA designated floodplain (zone A) for Ash Hollow Run. A records review revealed that FEMA has not performed a detailed flood study in this area. Approximately 0.5 acres of the site consists of slopes greater than 15%. There are no known wetlands on the site. There are also no mature woodlands on the site outside of the mature trees on the adjacent Route 7 right-of-way east of the existing bridge to the site. These trees will be preserved. The soils on this site are Berks channery silt loam and Weikert-Berks channery silt loam, neither of which is considered prime agricultural soil. Depth to bedrock and slope are the main factors that may create construction difficulties or hazards. See Figure 1 in Appendix A for a map showing features on the subject site. Overall this site is well suited to the proposed activity. The redevelopment of this rundown property provides a "brown fields" type of benefit to the county by renewing the property's role in the community. This redevelopment also dovetails nicely with the County's vision for the Route 7 corridor. With water and sewer service nearby for this project, there will be little additional demand on the County's resources to serve this project. Direct access to Route 7 provides a strong transportation link to the site, and with the low number of site trips will be more than adequate. B. SURROUNDING PROPERTIES There are three properties adjacent to the subject site. • West and south — the property is owned by Grace Brethren Church and is zoned rural agriculture - RA. • East — The property is owned by Ronald E. and Alice M. Dehaven and is zoned rural agriculture - RA. • North - VDOT right-of-way for Route 7. Route 7 in this area is bifurcated, and the property on the north side of Route 7 is approximately 30 feet higher than the subject site and is owned by the Frederick County School Board. Figure 2 provides adjacent property information and distances to existing structures on adjacent properties. Rezoning and development of the property in question should not Shenandoah Honda Rezoning Impact Statement Page 2 0 0 have an adverse impact on adjacent properties in the way of noise, glare, fumes, pollution, odors or other nuisances. C. TRAFFIC It is projected that the rezoning of the property in question should have a minimal impact on surrounding roads and the County's adopted road improvement plan. The eastbound lane of Virginia Route 7 runs parallel to the north side of the subject site with existing access via a small bridge over Ash Hollow Run. The three homes on the site use this bridge for access. The Institute of Transportation Engineers' Trip Generation Manual was reviewed to determine the number of vehicular trips that this site will generate. However, there is not a land use description that closely matches the intended use. The land use in the Trip Generation Manual that comes closest to matching the intended use is that of "new car sales" and "automobile repair facility." However there are not nearly the number of four -wheelers and motorcycles in the market places as there are automobiles, so it is believed that these ITE estimates grossly overstate the number of trips that will be generated by this site. Therefore, based on actual trips generated by the existing Shenandoah Honda facility, it is estimated that the rezoning and development of the subject property will result in an additional 20 peak hour trips and 240 trips on average per weekday to Route 7 traffic. Shenandoah Honda currently operates from 9:OOam to 6:OOpm on weekdays, with additional hours on weekends. By operating during these times, the facility will not be open during the morning rush hour when traffic is heaviest on eastbound Route 7. The developer anticipates that there will be one tractor -trailer accessing the property about every other day. This will require that a new entrance be constructed to access the site, which will be able to accommodate these trucks. Additionally, using VDOT design guidelines, a pavement taper will be leading up to the entrance. A field visit with VDOT officials has been previously conducted and basic entrance requirements discussed including the aforementioned taper and a new crossing over Ash Hollow Run that will be required. The existing bridge will be removed. Based on VDOT data, the Average Annual Weekday Traffic Volume Estimate for this section of Route 7 is 24,000 vehicles per day. Since any additional traffic resulting from the rezoning of this property will occur during an off-peak time, the anticipated impacts on traffic operations are expected to be minimal. D. SEWAGE CONVEYANCE AND TREATMENT Based on Virginia Department of Health design values, it has been estimated that the proposed Shenandoah Honda facility will generate approximately 700 gpd of wastewater. This estimate is based on 15-35 gpd/person/8-hour shift. Currently, it is projected that the wastewater from this site will be pumped to the south along Greenwood Road connecting into the Frederick County Sanitation Authority's system. Shenandoah Honda Rezoning Impact Statement Page 3 E. WATER SUPPLY Based on values provided by the Virginia Department of Health, it is estimated that water usage for the developed property will be approximately 700 gpd. Currently, there is a 10" water main that runs along the northern property line in the shoulder of Route 7. It is anticipated that a tap will be made on this line. F. DRAINAGE Storm water from the subject site drains north via a natural swale along the center of the property directly to Ash Hollow Run, which borders the northeast end of the property. The existing 50" corrugated metal pipe/bridge that conveys Ash Hollow Run under the entrance to the property will be replaced with a new crossing, and onsite storm water management will be provided for development to reduce impacts to Ash Hollow Run. Generally, existing drainage patterns will be maintained. G. SOLID WASTE DISPOSAL FACILITIES It is anticipated that the rezoning and development of the property will generate approximately 550 cubic yards of solid waste a year. The solid waste will be disposed of in a dumpster housed in a fenced area on the site, and will be picked up twice a week by a private solid waste contractor as hired by the owner. H. HISTORIC SITES AND STRUCTURES There are no historic sites or structures that will be impacted by the rezoning of this property. Additionally, a review of the Shenandoah Valley Battlefields Management Plan does not show any battlefields on this site. I. IMPACT ON COMMUNITY FACILITIES Local revenues that will be generated from rezoning and development of this site include both local sales taxes and real estate tax. The real estate taxes will increase significantly since the owner plans to make significant improvements to the property. It appears that solid waste is the only County service that may be affected by this rezoning. Education and Parks and Recreation will not be required services for the developed property. Police and Fire Protection will not need to be increased since the three existing homes on the property will be razed. Solid waste disposal may increase slightly from what is generated on the site currently, but not so significantly that it will affect County operations. Shenandoah Honda Rezoning Impact Statement Page 4 A J. OTHER IMPACTS It is not anticipated that there will be any other impacts associated with the rezoning of the property in question. Shenandoah Honda Rezoning Impact Statement Page 5 N 1A L k,t Ilk IN 70 -%- Aj 4w Ile PROJECT AREA INN ra 'r ,�� ' � ,. • ��.r•'r_1 r% �'�I t,.� -�_ � � —�j ���1 fi�yc '= •—:tea-,, '�•r., . � ^. _; 0 1000 2000 !!1!!m SCALE IN FEET VICINITY MAP SHENANDOAH HONDA FREDERICK COUNTY, VIRGINIA ANDERSON AND A9ALASSOCIATES, Inc. A 21328.00 SHENANDOAH HONDA PROPERTY GENERALIZED DEVELOPMENT PLAN 0 100 200 ANDERSON FREDERICK COUNTY, VIRGINIA SCALE IN FEET QUQ�AND SEPTEMBER 17, 2003 ASSOCIATES, Inc. r �. i . � r s � r _- s 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 1, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #11-03 FOR MY KIDS, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 15, 2003, 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 #11-03 of For My Kids, LLC, submitted by John Ross, to rezone 2.020 acres from RA (Rural Areas) District to B2 (Business, General) District. This property is located on Route 7, approximately 185 feet southeast of the intersection of Greenwood Road and Route 7, and is identified with Property Identification Numbers 55-A-80 and 55-A-81 in the Red Bud Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Abbe S. Kenned Senior Planner ASK/bad O:WgcndasWdjoincr Ltrs\2003\REZ0NINGSTor My Kids LLC PC.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 `- COUNTY of FREDERICK Department ofPlanning &Development I07North Kent Street Winchester, Virginia 22601 B 'A''22- COUNTYSCHUOLBOAOOOFFR[DER|CK 5NKENTST UV|NCHESTER'VA 22601'5037 - , THIS MAIL IS ADDRESSED INCORRECTLY. YOUR MAIL B PROCESSED ON AUTOMATED EQUIPMENT. TO AVOID DELAY AND POSSIBLE RETURN OF YOUR MNL, PLEASE NOTIFY SENDER OF YOUR CORRECT ADDRESS OR P.O. 80i WE CARE! UNITED STATES POSTAL SERVICE ' ���y ��� � � 0 w ki S E REQUESTING- AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDIERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQ ST DATE RECEIVED: ��- 0 REQUESTED COMPLETION DATE: -/0 Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: L�� DESCRIPTION OF REQUEST: (Write additional information on back of request) l-- 61(� 117 ReZ 61U /iU 6-- rale- ALY R [A-s 2-L-C- P -T7, N -'S 55--A-�-a 4 S-,`I DIGITAL SIZES: COLOR: PAPER: FAX: E-MAIL: IC - �_ �1Jii ISM STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) e- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 26, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #11-03 FOR MY KIDS, LLC - SHENANDOAH HONDA On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 10, 2003, 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 #11-03 of For My Kids, LLC - Shenandoah Honda, submitted by John Ross, to rezone 2.020 acres from RA (Rural Areas) District to B2 (Business, General) District. This property is located on Berryville Pike (Route 7), approximately 185 feet southeast of the intersection of Greenwood Road (Route 656) and Berryville Pike (Route 7), and is identified with Property Identification Numbers 55-A- '80 and 55-A-81 in the Red Bud Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Abbe S. Kennedy Senior Planner ASK/bad 107 Nortlr Kent Street • Winchester, Virginia 22601-5000 f It ! 0 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: Grace Brethern Church c/o Winchester Grace Brethern 143 Greenwood Rd. Winchester, VA 22602-7922 Ronald Edward DeHaven 2142 Berryville Pike Winchester, VA 22603-4806 County School Board of Frederick 5 N. Kent St. Winchester, VA 22601-5037 55 -A- - 81- SO FORMYKIDS, LLC 122 WALLS CIR WINCHESTER,VA 22602-6939 p C i Abbe S. Kennedy, Se - r Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, dojqereby certify that Abbe S. Kennedy, Senior Planner for e D partment of Planning and Development, whose name is signed to the foregoing, dated / 3 , has personally appeared before me and acknowledged the same in my State d County aforesaid. Given under my hand this My commission expires on 1 -041 _ �- . . I ; • 0 KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L.C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540)662-3486 Facsimile (540) 722-3787 E-Mail: bmblaw@adelphiaxet PETER K. McKEE (1934-1967) BENJAMIN M. BUTLER STEPHEN G. BUTLER October 21, 2003 Abbe S. Kennedy Senior Planner Frederick County Planning Staff Frederick County Office Building Kent Street Winchester, VA RE: AMENDED PROFFER STATEMENT FORMYKIDS, LLC My File No. 11764 Dear Abbe: J. SLOAN KUYKENDALL (1"6-1995) J. SLOAN KUYKENDALL, III EDWIN B. YOST HAND DELIVERED I am enclosing herewith twelve (12) executed copies of the Amended Proffer Statement for the rezoning hearing before the Frederick County Planning Commission which is set for November 19, 2003. I have already forwarded a copy of this Proffer Statement to Jay Cook by hand delivery so that he may comment on the same to you. Very truly yours, MCKEE & BUTLE Aa 4 min M. But er Enclosure cc: John Ross KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L.C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VIRGINIA 22604-1297 (540) 662-3486 Facsimile (540) 722-3787 E-Mail: bmblaw@adelphia.net PETER K. McKEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G.BUTLER October 20, 2003 Lawrence R. Ambrogi Frederick County Commonwealth Attorney's Office 107 N. Kent Street, Suite 202 Winchester, VA 22601 RE: AMENDED PROFFER STATEMENT FORMYKIDS, LLC My File No. 11764 Dear Larry: J. SLOAN KUYKENDALL (1"6-1995) J. SLOAN KUYKENDALI , III EDWIN B. YOST HAND DELIVERED I am enclosing herewith a copy of the Amended Proffer Statement which Shenandoah Honda is making in its rezoning now pending before the Planning Commission and set for hearing on November 5, 2003. Please note that Abbe Kennedy, Planner, has raised a question with John Ross as to the appropriateness of loud uses with conditional use permit and I gather that she does not think that it is allowed under the Frederick County Ordinance. I am enclosing herewith the section of the Code, 15.2-2296, which hopefully resolves any question that as long as it is a proffer by the applicant that the uses will be made with conditional use permits, then it seems to be perfectly legal. I provide this information to you so that if Frederick County Planning Commission calls on you for an opinion, that you will have the benefit of this code section for reviewed. Very truly yours, MCKEE & BUTLER Benjamin M. Butler BMB:vg Attachments (2) cc: John Ross Abbe Kennedy COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 June 20, 2003 Mr. Tim Stowe, P.E. Anderson & Associates, Inc. 7722 Main Street Middletown, VA 22645 RE: Preliminary Comments - Mr. John Ross - Shenandoah Honda - Rezoning Proposal Dear Tim, It was good to talk with you earlier this week regarding the Shenandoah Honda rezoning proposal. This correspondence includes preliminary review comments concerning the Shenandoah Honda rezoning proposal, received by the Frederick County Planning and Development Department on May 23, 2003. This application is a request for 2.02 acres comprised of two parcels currently zoned Rural Areas District (RA) to be rezoned to Business General District (B-2). Our preliminary Applicant - Staff meeting contributed to the following comments. The following issues are identified for your consideration as the application is finalized for submission: A. Application Form and Relevant Review Agencies Please ensure that a copy of the deed to the property verifying current ownership is included with the final submission of the subject rezoning request. This can be obtained from the Frederick County Clerk of the Circuit Court at the Joint Judicial Center, 5 North Kent Street, Winchester. 2. Please ensure that a statement verifying payment of taxes is included with the final submission of the subject rezoning request. This can be obtained from the Frederick County Treasurer's Office at 107 North Kent Street, Winchester. 3. Please ensure that signatures of the owners are on the application and if there are proffered conditions, that the proffer statement is signed and notarized. 107 North Kent Street • Winchester, Virginia 22601-5000 • 11 Mr. Tim Stowe, P.E. June 20, 2003 Page 2 4. The fee for this application will be calculated pursuant to the revised fee schedule adopted by the Board of Supervisors on December 12, 2002. The revised application fee for a rezoning petition consists of abase fee of $1,000.00 plus $50.00 per acre, resulting in a total fee of $1,101.00 for the 2.02 -acre rezoning request of this application. In addition to the rezoning review fee, a refundable deposit of $50.00 must be submitted for the public hearing sign required to be posted on site. The resulting total to be submitted with the final application is $1,151.00. Checks should be made payable to "Treasurer of Frederick County." 5. Please submit review comments from the following departments and agencies with this application: Virginia Department of Transportation; Frederick County Sanitation Authority; Winchester - Frederick Service Authority; Department of Public Works; Frederick County Building Official; Fire and Rescue Services; First Responder - Greenwood Fire and Rescue Station; County Attorney; and, the Historic Resources Advisory Board. B. Impact Analysis Site Suitability The use proposed for the project is a potential relocation of the Shenandoah Honda facility. Ash Hollow Run goes through the site, and access is via a small bridge which will be removed during site construction, and replaced with a new entrance. It is noted that approximately .5 acres in the northeast corner of the site lies within the extent of the FEMA designated flood plain. Please consider delineating these features on a Generalized Development Plan as part of your final submission. 2. Transportation It is noted in the impact analysis that a new entrance will be constructed to access the site to accommodate a tractor trailer truck to access the property approximately every other day. The applicant's traffic impact analysis results from actual trips generated by the existing Shenandoah Honda facility, vs. the ITE estimates which, according to the application, overstate the number of trips generated by this site, and notes a minimal impact on Route 7. VDOT data estimates 24,000 vpd for the average annual weekday traffic volume estimate for this section of Route 7. Staff will refer to VDOT comments prior to commenting on traffic concerns. As you are aware, a Level of Service"C" is expected to be maintained on roads adjacent to and within new development in Frederick County. u • Mr. Tim Stowe, P.E. June 20, 2003 Page 3 3. Sewage Conveyance and Water Supply The impact statement includes a concept map for the extension of sewer utilities to the site. It is estimated that approximately 700 gpd of wastewater will be produced based on 15, 35- gpd/person/8-hr shift, and is proposed to be pumped to the south along Greenwood Road and connect into the FCSA system. It is anticipated that a tap will be made on a 10" water main that runs along the northern property line in the shoulder of Route 7 right of way. Staff will refer to FCSA comments prior to formal comment. C. Frederick County Comprehensive Plan Route 7 is classified as a major arterial road according to the VDOT functional classification of roads, and is a major east -west route connecting Frederick County with the Washington Metropolitan Area. The subject site is located within the area of the Route 7 East Land Use Plan. (Frederick County Comprehensive Plan, Chapter 6, Page 29-33) The Route 7 East Land Use Plan, does not indicate a particular land use for this property. It is noted that "the Route 7 corridor is probably the most limited of the three corridors studied in terms of the potential for further commercial development, given that the intensity of change is not expected to be as great as the Routes 50 or 11 corridors. "(Frederick County Comprehensive Plan, Chapter 6, Page 29) 1. The applicant is encouraged to consider incorporating design features with their application that contribute to the enhancement of the visual quality of the Route 7 Corridor. The comprehensive studies for the Route 50, Route 522, and Route 11 as business corridors address landscaping and signage as particularly important design elements. In regard to landscaping, establishing landscape buffers between the road and parking facilities is important. Saving mature trees wherever possible, and providing buffers in the form of plants, walls, or berms can effectively mitigate the visual impact of the proposed use on the Route 7 right of way and adjoining uses. (Frederick County Comprehensive Plan, Chapter 6, Page 15) Signs contribute to the character of an area and to the visual quality of the corridor. Therefore, monument style signs are encouraged along our major roads as an effective means of identifying land uses and simultaneously promoting an appealing viewshed. 2. Please note that the Frederick County Zoning Ordinance states that whenever land is to be developed in the B2 Zoning District that is adjacent to land primarily used for residential purposes in the RA Zoning District, a Category B buffer shall be provided on the land to be developed. (Frederick County Code Article IV, Sec. 165-37). Mr. Tim Stowe, P.E. June 20, 2003 Page 4 The applicant is encouraged to consider submitting a Generalized Development Plan (GDP). The Generalized Development Plan can illustrate the required buffer, as well as the location of trees to be preserved, existing site features, and the general entrance and building locations. An illustrative GDP may also be used to delineate supplemental plant materials, proposed sign standards, or other corridor design features proposed with the application. Staff contends that the corridor enhancement issues enumerated above should be considered by the applicant prior to the final submission ofthe rezoning proposal. I do apologize for any inconvenience caused by the delay in your receipt of these comments. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, _1 Abbe S. Kennedy Senior Planner ASK/bad cc: Eric R. Lawrence, Planning Director Chris Mohn, Deputy Planning Director U-\Abbe\RF..Z Revicw Letters\Shenandoah HondaREZ.wpd Sep 29 03 01:59p ESOP (540) 869-2625 p.2 41 ANDERSON A9e AND ASSOCIATES, INC. August 5, 2003 Mr. Lloyd Ingram Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 Dear Mr. Ingram: Professional Design Services RE: Rezoning for Shenandoah Honda Route 7, Fredrick County, VA JN 21328 Thank you for taking time to meet with me last week to discuss your comments concerning the rezoning application for the proposed Shenandoah Honda facility on Route 7 in Frederick County. The purpose of this letter is to provide you with additional information pertaining to the preferred location of the entrance for the proposed site, and to request that the entrance location not be aligned with the existing crossover on Route 7. As we discussed, there are a number of factors that were considered when the location for the proposed entrance for this commercial development was sited. Among those considerations was safety of the traveling public, environmental impacts and flood plain impacts. The following sections provide additional information pertaining to these topics and those mentioned in your letter dated June 18, 2003. 1 am including the text from your letter in italics for reference. To provide safe ingress/egress, additional right-of-way will be needed to allow the developer to move the existing guardrail farther off the edge of existing pavement to allow for a full width shoulder The impacts on the environments associated with aligning the proposed entrance with the existing cross -over ramp and widening the shoulder east of the proposed entrance will be severe and it is believed will have long term negative impacts on the environment without reciprocal improvements in safety for the traveling public. These impacts include the loss of numerous mature trees, impacts on aquatic and plant life in Ash Hollow Run that will result from relocating about 200 linear feet of the stream, and impacts on the FEMA designated flood plain. The following paragraphs provide more details about these important considerations: 1. Our preliminary plans call for relocating the guardrail and constructing a 200' taper on the approach side of the proposed entrance. While it appears that this can be accomplished within the existing right-of-way, the developer is prepared to dedicate additional right-of-way as'required. To the east of the proposed entrance location, we propose to leave the existing shoulder and guardrail in place due to the significant An Employee -owned Company 7722 Main Street, Middletown, VA 22645 (540) 869-2501 (540) 869-2625 fax www.andassoc.com Blacksburg, Fredericksburg, Middletown & Richmond, Virginia • Greensboro, North Carolina • Tri-Cities, Tennessee Sep 29 03 01:59p ESOP (540) 869-2625 p.3 Mr. Ingram August 5, 2003 Page 2 environmental consequences that will result from widening the shoulder in this area. 2. We too desire safe ingress/egress for the patrons of the proposed facility and have reviewed the sight distance available at the proposed entrance location. As measured from the project map, there will be approximately 425' from the center of Greenwood Road to the center of the exiting lane of traffic at the proposed site. Since there are no visual obstructions between these two points, all of this is considered to be stopping sight distance. There is approximately 200 additional feet of sight distance east of the Greenwood Road signal, providing a total approximate sight distance at the exit from the site of 625'. For a 60 mph design speed, the VDOT Design Standards call for a minimum 525' sight distance and the AASHTO Green Book calls for 570'. The posted speed limit is 45rnph east of the proposed entrance that requires about 400 feet of sight distance. 3. It is my understanding that the Department does not want ownership of the stream crossing that will be constructed to access the site. Specific right-of-way location information will need to be coordinated during the design and platting phase of the project to establish the line in the desired location. 4. Providing a full width shoulder to the east of the proposed entrance location will necessitate relocating approximately 200 feet of Ash Hollow Run. The relocation of this section of natural stream will disrupt the natural habitat of the animal and plant life in and around the stream and will require years to reestablish it due to the additional loss of the mature trees in the path of the entrance at this location. 5. Providing a full width shoulder will necessitate revisions to the FEMA designated flood plain that exists along Ash Hollow Run east of the existing entrance. Affecting the flood plain at this location will have significant and detrimental effects on the adjoining property owner east of the proposed site. 6. The location of the eastern property line for the subject tract, and the live stream discharging from the culvert under Route 7, place limits on how far east the proposed entrance and the full width shoulder can be shifted. The entrance cannot be shifted to the point where it will align with the crossover, and shoulder width improvements will be limited by property ownership as well as environmental impacts. 7. Aligning the proposed entrance with the Morgan Mill crossover will necessitate removal of a large portion, if not all, of the mature trees on the site. Ms. Abbe Kennedy of the Frederick County Planning Department has asked us to preserve the mature trees on the site in order to mitigate the Sep 29 03 02:00p ESOP (540) 869-2625 p.4 Mr. Ingram August 5, 2003 Page 3 } visual impacts of the development. Since the mature trees along the front of the project east of the proposed entrance location are behind the existing guardrail, it is believed that they are not currently a safety problem. The commercial entrance to the property should be aligned across from the Morgan Mill crossover deceleration ramp. This would reduce a dangerous weave situation by customers trying to utilize the Morgan Mill crossover. It should be noted there is a proffer in the Red Bud Run Subdivision for closing this crossover if deemed prudent by either VDOT or Frederick County. Prior to submitting the request for rezoning comments I met on site with Mr. Ben Lineberry and Mr. Dave Heironimous of VDOT to discuss the location of the proposed entrance for the development. Primary in our discussion was the safety of the traveling public and the patrons of the proposed facility. I left that meeting with an understanding that it will be acceptable to offset the proposed entrance from the crossover since aligning the two will create a more potentially unsafe condition. I would like to highlight the following factors for your consideration: 1. The entrance will connect to the eastbound lanes of Route 7 and will have no impact on the westbound traffic or roadway. Therefore drivers exiting the site will only need to look for traffic to their left (driver's side). 2. The existing Morgan Mill crossover is a V shaped crossover, with a steep grade between the eastbound lanes and the westbound lanes. There is a very short taper provided at the lower end of the ramps, and the ramp movements from and to the eastbound lanes are for one-way traffic. 3. While aligning the entrances will eliminate a brief merge movement for exiting drivers, the more than adequate sight distance will enable exiting motorists to clearly see oncoming traffic and thus avoid pulling into the path of approaching vehicles. Aligning the entrance with the crossover will encourage exiting motorist to dart across the roadway ahead of approaching vehicles rather than wait for a clear opening. 4. Alignment of the proposed entrance with the crossover will create an attractive nuisance, and will tempt some drivers to take a shortcut by traveling down the one-way ramp in the wrong direction to enter the proposed site. Since motorists on eastbound Route 7 will not be expecting a vehicle to be approaching them almost head-on from the left hand side of the road, the shock factor as well as the potential for collisions is very real. It is reported that some accidents of this type have already occurred at this location. Sep 29 03 02:00p ESOP (540) 869-2625 p.5 Mr. Ingram August 5, 2003 Page 4 5. While the ramps.in the subject crossover are signed for one-way traffic, drivers attempting to take the aforementioned shortcut will cause a vehicular conflict on the ramp itself where the pavement width is inadequate for two vehicles to pass. 6. The upstream traffic signal at the intersection of Route 7 and Greenwood Road creates platooning of vehicles on Route 7 each time the traffic light cycles through a red -green cycle. This platooning action will provide gaps in the traffic flow on Route 7 which will give motorist exiting the proposed development a clear window of opportunity to merge into traffic on Route 7 and continue eastward or use the crossover ramp. 7. As stated in your correspondence, VDOT and Frederick County are considering closing this cross -over as part of a proffer associated with a development project. This raises significant questions about the benefits associated with aligning the proposed entrance with the subject crossover. Should this crossover be closed, significant environmental impacts will have occurred without the purported safety benefits being realized. In closing, based on the information presented herein it is believed that the negative impacts associated with relocating Ash Hollow Run, affecting the flood plain and cutting the mature trees are far greater than the benefits that will be gained by aligning the entrance with the crossover and widening the shoulder east of the proposed entrance. I respectfully request that you review this information and allow this project to move forward with a new commercial entrance constructed as shown in the attached diagram. Should you have any questions, please do not hesitate to contact me. Sincerely ANDERSON & ASSOCIATES, INC. i� Timothy S. Stowe, PE, LS Executive Vice President CC: Mr. John Ross 0 • TO: Frederick County Historic Resources Advisory Board Rebecca Ragsdale, Frederick County Planner I Tim Stowe, Anderson & Associates, Inc. FROM: John D. Hutchinson V, AICP SUBJECT: Third Winchester Core Area and Shenandoah Honda Rezoning DATE: 17 June 2003 This memo concerns the proposed rezoning of 2.02 acres of land from the Rural Areas (RA) Zoning District to the Business General (B-2) Zoning District. The application is on behalf of Winchester Honda. It is a policy of the Shenandoah Valley Battlefields Foundation to inform localities and landowners when their projects, permits, and actions will occur on or impact battlefield land. As stated in Ms. Ragsdale's memo of the 2 June 2003, the subject property is in the core area of the Third Winchester Battlefield, as defined by the National Park Service (NPS) in its Study of Civil War Sites in the Shenandoah Valley of Virginia and the Shenandoah Valley Battlefields National Historic District Management Plan. The project proposed by Winchester Honda is not in the Winchester Cluster Conservation Area where the Battlefields Foundation seeks to acquire land and conservation easements. However, the property's conversion to intensive commercial uses is likely to negatively impact the Berryville Canyon in which it lays, an essential feature of the Third Winchester battlefield core area. The memo is correct in stating, "the most intense fighting [at Third Winchester] occurred on the Caleb Heights property, the Hackwood Farm, and portions of the Huntsberry and [Frederick County] School Board properties." However, the statement that "the Shenandoah Honda site is located in areas of troop movement," incorrectly implies that combat did not occur on the subject property. By definition, the core area of each battlefield includes only "those areas of confrontational deplovment, heaviest fthtin2, and most severe casualties" known in modern military terms as the "killing zone" (page 4 NPS 1992). Therefore, the notion that a property is within a core area and not in an area of intense fighting is contradictory and incorrect. The subject property, for instance, is in the area on which Union troops moving west into Winchester made contact with and began fighting with Confederate troops defending the city. According to the 1992 NPS Valley study, Federals and Confederates fanned out from the Berryville Canyon here and commenced to kill one another. Even though more intense combat occurred on other parts of the battlefield at other stages of the battle, an important phase of the battle that is essential to understanding the conflict occurred on the land proposed for rezoning. Contrary to the information in the "impact statement" provided by Anderson and Associates, the Shenandoah Valley Battlefields National Historic District Management Plan shows clearly in Appendix E, Map E-10 that the proposed project is located entirely on the core area of the Third Winchester battlefield. Map E-8 shows the property is partially on the study area of the Second Winchester battlefield. The county's GIS system also contains the boundaries of the battlefield core and study areas and provides a ready and easily readable reference for locating project sites vis-a-vis the battlefields that is not dependent upon the interpretation of those proposing planning and zoning changes. This information is well -documented in Frederick County's Third Winchester (Opequon) Battlefield Preservation Plan. This plan, approved by the Frederic County Board of Supervisors in 1999, places the property in the "Secondary Preservation Area" for Third Winchester. According to the county's plan, "These areas abut the primary preservation area and/or are within the viewshed of key visitor travel routes (Red Bud Road, Milburn Road, and Berryville Pike [US Route 7]). Views of these lands are to be protected to the extent possible so as to maintain the historic integrity of the park and enhance visitor experience" (p. 6-17). The county's plan further recommends that when properties in the Berryville Canyon (like the subject) are developed that "zoning ordinance restrictions on the development of steep slopes" be applied. As shown in the map by Anderson and Associates entitled "Vicinity Map" the project area is on the slope of the Berryville Canyon and spans elevations ranging from more than 660 feet to less than 600 feet over a distance of about 70 feet. A slope of approximately 1 to 1 far exceeds the zoning ordinance definition of "steep slope," (1 to 0.15). Construction of a commercial building and parking areas on the site would require extensive grading and filling. We trust that as this rezoning request moves through the Frederick County Historic Resources Advisory Board, the Planning Commission, and the Board of Supervisors, due consideration will be given to the location of the project within the battlefield core area. Great pains were taken with the recently approved rezoning and master plan for the McTiernan property to protect steep slopes and views within the Berryville Canyon. Commensurate consideration is needed in considering the rezoning proposed by Winchester Honda. More detailed definitions of the core and study areas are attached for future reference. Core and Study Area Definitions The National Park Service (NPS) mapped the study and core areas of the battlefield in its Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. According to the study, the "battlefield study area was drawn to encompass all components of the conflict. These components might include approach routes, areas of troop concentrations, reserve positions, a commander's headquarters, signal stations or other important observation points, battle lines, maneuver areas, assault areas, artillery positions, retreat routes, and places where the armies bivouacked before or after fighting when these are nearby. The study area is viewed as providing a strategic context and geographic setting for understanding the conflict in question" (page 4 NPS 1992).1 Each core area includes "those areas of confrontational deployment, heaviest fighting, and most severe casualties" known in modern military terms as the "killing zone" (page 4 NPS 1992). Appendix C: GIS Map Database of the 1992 NPS study gives a more complete definition of study and core areas. These definitions, found on page 175 of the report, are quoted below. The study area for each battlefield is that area which encompasses all of the battlefield's ❑ areal features: staging areas, engagement areas, skirmish areas, holding action areas, bivouac areas, and troop reserve areas; ❑ sites: command posts, signal stations, hospitals, event sites (e.g. place where a general was mortally wounded) observation posts, markers, and monuments; ❑ movements: approaches to battlefield, retreats or withdrawals from battlefield, flanking movements, attack movements, and pursuit movements; and ❑ positions: picket lines, skirmish lines, battle lines, regroup positions, artillery positions, entrenched troop positions, and unentrenched troop positions. The above features are included within a battlefield whenever they are involved in a hostile action with an opposing force or whenever they are involved in an action or reaction generated by an opposing force in immediate proximity to each other. The core area for each battlefield is that area which encompasses all the critical phases defined for the battle. Battles have been divided into phases reflecting the progress of the battle. Phases cover the convergence and deployment of opposing forces, the development and execution of the battle, and the disengagement and withdrawal of these forces. The core area of the battlefield[s] encompass those phases that had tactical importance to the battle, constituted the most intense fighting during the battle, or involved decisive moments or turning points of the battle. Congress used this information established the boundaries of the study and core areas of Second and Third Winchester in the Shenandoah Valley Battlefields National Historic District and 1 The National Park Service Interagency Resources Division (NPS). 1992. Study of Civil War Sites in the Shenandoah Valley of Virginia: Pursuant to Public Law 101-628. 0 0 Commission Act of 1996.2 The act describes the boundaries of 10 Civil War battlefields and the eight -county Shenandoah Valley Battlefields National Historic District by reference to "land and interest therein as generally depicted on the map entitled `Shenandoah Valley National Battlefields' numbered SHVA/80,000 and dated April 1994." Pursuant to the mandate of the act, the Shenandoah Valley Battlefields National Historic District Commission was established in 1997. The Commission was specifically charged with creating a plan encompassing "an inventory which includes any property in the District which should be preserved, managed, maintained, or acquired because of its national historic significance." In creating the legislated Shenandoah Valley Battlefields National Historic District Management Plan, the Commission relied on the map numbered SHVA/80,000 and the accompanying GIS database for such an inventory. Battlefield boundaries were reviewed again and confirmed by the Commission with input from numerous eminent Civil War historians. While the entire GIS inventory was not included in the management plan, its contents are displayed graphically in Appendix E: Battlefield Maps of said plan. 2 P.L. 104-333 Sec. 606 Shenandoah Valley Battlefields. 0 n CO Y o 101ICK t of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 20, 2003 Mr. Timothy S. Stowe. P.E., L.S. Anderson & Associates, Inc 7722 Main Street Middletown, VA 22645 RE: Shenandoah Honda Rezoning Proposal Dear Mr. Stowe: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of June 17, 2003. The HRAB reviewed information associated with the Frederick Counly Rural Landmarks Survey, the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information provided by the John D. Hutchinson V, of the Shenandoah Valley Battlefields Foundation. The HRAB also considered details you and the applicant, Mr. John Ross, provided about the proposed rezoning. Historic Resources Advisory Board Comment: The parcels proposed to be rezoned from RA (Rural Areas) to B2 (Business General) are located within the limits of the Third Winchester (Opequon) Battlefield core area , as identified by the National Park Service, and along Route 7/Berryville Pike. The HRAB recognizes the Route 7 corridor, Berryville Canyon, as an important historic route into the City of Winchester. The HRAB is interested in preserving and aesthetically improving the corridor, with an emphasis on increased landscaping. The HRAB expresses their concern for loss of core historic battlefield and loss of views of the Berryville Canyon. Specifically, the HRAB had concerns regarding the impact of lighting, chain -link fencing, parking, and inappropriate architecture on the historic Berryville Canyon. Based on the above concerns, the HRAB was not in favor of the proposed rezoning. Please contact me with any questions concerning these comments from the HRAB. Sincerely, -(Jut,6 (Of Rebecca Ragsdale Planner I cc: Ze.ssie.Solenberger, IRAB Chairperson Jo. 'Ross, 122 Walls Circle, Winchester, VA 22603 U\COMNBTI'EESUiRAB\Comments\2003\ShenHondaRZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000