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HomeMy WebLinkAbout07-09 Burns Prop. - Valley Mill - Red Bud 1.26 acres RP to B2 - Backfile�b 0 REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement Deed Impact Analysis Plat/Survey Adjoiner List ✓ Taxes Paid Statement p File opened 0 Reference manual updated/number assigned q p D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting /4QV/ �o Sys ID # Q Board of Supervisors Meeting ACTION: 4r, Q ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended 4. O i oLo N ccd N _ C� o `/' N y N N Qkn O U C, y IIII wa�3� DATE �� v RECEIVED FROM ADDRESS I,iko ❑ FOR RENT Cl FOR _ AMT. OF CASH ACCOUNT AMT. PAID l CHECK BALANCE MONEY DUE ORDER J� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 25, 2010 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: REZONING #07-09, BURNS PROPERTY PINS: 54-A-112Q, 54-A-112D and 54-A-112P Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of March 24, 2010. The above -referenced application was approved to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, for Commercial Uses. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District. The proffer statement, originally dated September 4, 2008, with final revision date of January 12, 2010, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad Attachment cc: David and Svetlana Burns, 1675 Fort Braddock Ct., Winchester, VA 22601 Christopher E. Collins, Red Bud Magisterial District Supervisor Christopher Mohn and Philip Lemieux, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer, Resolution and Plat K. Wayne Lee, CZA, Coordinator of Planning & Development, PO Box 3508, Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ID Patton Harris Rust & Associates Engineers. Surveyors. Planners. landscape Architects. 18 March 2010 Mr. Michael Ruddy, AICP Frederick County Department of Plaiuung and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Burns Property — Valley Mill Road Rezoning Application Dear Mike, The Burns Property Rezoning Application was tabled by the Frederick County Board of Put�l Supervisors at their February 24i1, meeting for an additional 30 days at the request of the l Applicant. The delay was requested in order to meet with Frederick County Public Schools 1 H in hopes of working out the additional right of way dedication necessary to construct the proposed off -site sidewalk across the frontage of the Dowell J. Howard Center along Valley CORPORATE: Mill Road. We are pleased to report to the Board of Supervisors that the Public Schools Chantilly Builduigs and Grounds Committee at their- meeting on March 12ih recommended that the VIRGINIA OFFICES: Frederick Cotunty School Board endorse the proposed additional right of way. At the Chantilly following School Board meeting held on March 1611T, the School Board agreed with the Charlottesville recommendation made by the Buddhigs and Grounds Committee. As such, per the Fredericksburg proposed Proffer Statement, the Applicant will be able to prepare all right of way dedication Harrisonburg materials for Frederick CoLurty Public Schools and then construct a sidewalk along the full Leesburg frontage of Dowell J. Howard. We believe that this improvement is much needed and will Newport News help to serve the needs of the residents in the area. Nlorlolk VVinchesler Additionally, the sale of the adjacent Walgreens parcel has also been completed, This Woodbridge allowed the adjoiniig land owner to record the easement which allows the Burns Property to have access to the Walgreens entrance at Valley Mill Road. A copy of the recorded easement LABORATORIES: Chantilly was provided to Plaruniig Staff previously. Completion of this agreement for access through the adjacent Walgreens tract was another concern of the Board of Supervisors for the Burns Fredericksburg Rezoning Application at the initial Public I fearing held on January 12, 2010. MARYEAND OFFICES: Baltimore We feel we have addressed any concerns voiced by die Board of Supervisors and look Columbia forward to presenting the final application to them on March 24. Frederick Germantown If you have any questions or would like to discuss further, please feel free to call me at (540) Hollywood Hunt Valley 667-2139. Williamsport Sincerely, PENNSYLVANIA OFFICE: PATTON I IARRIS7's&ASSOCIATES Allentown i 540.667.2139 F 5/0.665.0493 1 17 East Piccadilly Slreel Patrick R. Sowers, AICP Suite 200 Winchester, VA 22601 0 • REZONING APPLICATION #07-09 BURNS PROPERTY — VALLEY MILL ROAD Staff Report for the Board of Supervisors Prepared: March 15, 2010 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended approval Board of Supervisors: 01/13/10 Tabled by BOS 02/10/10 Tabled by BOS 03/24/10 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. EXECUTIVE SUMMARY, STAFF UPDATE AND PLANNING COMMISSION RECOMMENDATION FOR THE 3/24/10 BOARD OF SUPERVISORS MEETING: The Applicant has not made any changes to the Application or the Proffer Statement since the 01/13/10 Board meeting. The Applicant requested a tabling to allow additional coordination with the Schools. Subsequent to this meeting, the Applicant has met with Frederick County Public Schools. At their 03/16/10 meeting the School Board endorsed the transfer of land into the VDOT right of way for the purpose of allowing the Applicant to construct the sidewalk across the properties frontage of Valley Mill Road. Supervisors had tabled the request to give the Applicant and the Schools additional time to work through this issue. Previously, the Planning Commission had recommended approval of this application. Please see the enclosed letter from Mr. Patrick Sowers representing the Applicant. Frederick County Public Schools have also provided an updated letter. The January 12, 2010 Proffer Statement is the latest Proffer Statement provided by the Applicant. Predominantly, the Board of Supervisors previous discussion revolved around the sidewalk connection proffered by the Applicant across the Frederick County Public Schools' Dowell J. Howard property. Board Members recognized that this was a good improvement; however, they expressed concerns that the monetary value offered in lieu of the sidewalk construction should the sidewalk not be installed in a timely fashion, $8,000, was inadequate to cover the installation of the sidewalk. The action of the School Board in allowing the property to be available for the construction of the sidewalk would alleviate the concerns regarding the monetary value offered as an alternative to the construction. 0 0 Rezoning 407-09 — Burns Property — Valley Mill Road March 15, 2010 Page 2 Staff had previously noted that in general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. Many of the impacts associated with this rezoning request, including those to the adjacent residential uses and the immediate transportation network, including the pedestrian and bicycle accommodations, have been addressed by the applicant. The Board should be satisfied that all of their- concerns have been adequately addressed. A public hearing fa. this request has been hel(1. Therefore, following the discussion of this item, a decision reaar(ling this rezoning application would be appropriate. The applicant should be wrepared to adeguatel>> ad(h•ess all concerns raised b)y the Board of Supervisors 0 0 Rezoning #07-09 — Burns Property — Valley Mill Road March 15, 2010 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a lleclsioll oil this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff lvhere relevant throughout this stuff report. Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended approval Board of Supervisors: 01/13/10 Tabled by BOS 02/10/10 Tabled by BOS 03/24/10 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Office and Retail Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY Ill NUMBERS: 54-A-112Q, 54-A-1 12D and 54-A-112P PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) Use: Commercial (220 Seafood) Residential Use: Dowell J. Howard Use: Residential Use: Vacant/Commercial 0 • Rezoning #07-09 — Burns Property — Valley Mill Road March 15, 2010 Page 4 REVIEW EVALUATIONS: Frederick County Transportation: Comments Incorporated into report. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers in the Burns Property — Valley Mill Road rezoning application dated August 18, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspections fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the discussion to include the disposition of the three single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparcel connection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress -egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss stormwater management. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Recreation: No comment. 9 • Rezoning 907-09 — Burns Property — Valley Mill Road March 15, 2010 Page 5 Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the IJRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have impact operations at the Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville Turnpike intersection. Please see additional email dated October 6, 2009, firom 111'a),ne Lee, FCPS. Frederick CountN, Attorney: Please see allached email clalecl November 17, 2009. Planning Department: Please see attached Memo dated December 11, 2005.[i•om Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the three parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Land Use The property is within the UDA and SWSA and is designated as all area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. 0 • Rezoning 407-09 — Burns Property — Valley Mill Road March 15, 2010 Page 6 The business corridor expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. Site Access was originally proposed to be provided from one primary location, via Martin Drive. A secondary indirect access point was proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. However, it became evident through the ongoing Staff and Commission review of this request that the status of Martin Drive, the key access point to this proposed commercial project, was not clear. It was determined that Martin Drive is not a State Road. VDOT does not and will not maintain this street. Therefore, previous comments regarding improving this access point to current VDOT standards and efforts that gained VDOT's approval of a commercial entrance and upgrade to a portion of Martin Drive are invalid. Given the existing conditions of Martin Drive and the surrounding residential land uses, it would appear unlikely to be able to be improved sufficient to meet current VDOT standards. Due to this, and as the current ownership and status of Martin Drive has not been clearly demonstrated, the Applicant revaluated their approach to accessing this commercial project. Access to the project will not be via Martin Drive. Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. The Applicant is currently finalizing the details of the access easement with the adjacent property owner. No additional entrances will be permitted on Valley Mill Road. County review of this modification to the site access pattern indicates no significant additional impacts to Valley Mill Road and Route 7 beyond those originally identified in the TIA. Traffic impacts to Martin Drive and its intersection would be eliminated. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. The addition of the 10' hiker biker trail across the property's Valley Mill Road frontage, to connect Martin Drive with the proffered 10' hiker biker trail which was proffered with the Walgreens — Dairy Corner rezoning, is a positive addition to this application. In addition, the Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell J. 0 0 Rezoning #07-09 — Burns Property — Valley Mill Road March 15, 2010 Page 7 Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the commercial uses. The Applicant has committed to preparing all documents necessary to implement the necessary right of way dedication by the FCPS and will construct the improvement. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. 4) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessai j) to achnei,e all acceptable level of serV/ce. These include additional capacity at the intersection of Route 7 and Valley Mill Road and an additional lane in Route 7. Not all of these improvements are being pronirled with this application. The recently approved Walgreens - Dairy Corner Rezoning request has provided several improvements at the intersection of Valley Mill Road and Route 7. The timing of the completion of these improvements in relation to this rezoning is very important. A commitment has been made by the Applicant that the development of this site would not occur until the improvements proffered by the adjacent property to Valley Mill Road are implemented. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with 1-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. Howard entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has eliminated all proposed improvements to Martin Drive as this is no longer proposed to be utilized for access. 0 • Rezoning #07-09 — Burns Property — Valley Mill Road March 15, 2010 Page 8 The continuation of the bike path along Valley Mill Road has been provided as ]lave pedestrian accommodations along the Martin Drive frontage. The proposed pedestrian improvements in conjunction with the Frederick County Public School's property are beneficial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request, in particular, given the identified level of service deficiencies at the intersection of Valley Mill Road and Route 7. hn addition, it should be recognized that the value of the previously proffered improvements to Martin Drive have not been offset in the Applicant's proffer package. B. Design Standards The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements. In an effort to address sorne of the corridor appearance goals of the Comprehensive Plan, this application has provided for additional street tree planting along the properties' road frontage with Valley Mill Road. The buffer and screening of those adjacent residential properties on Martin Drive will be addressed by those requirements currently required by ordinance. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 5) Pi•offei• Statement — Dated December 5, 2008, revised December 23, 2009, final revision dated January 12, 2010. A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through November 16, 2009) for the site. The GDP shows the location of the inter parcel connection to the adjacent property to the West which provides the only point of access to this site and improvements on Valley Mill Road. The full entrance on Martin Drive and the improvements to Martin Drive ]lave been removed. The GDP also shows the 10' asphalt trail along Valley Mill Road and the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan is also used to identify the general location of the additional street trees. Rezoning #07-09 — Burns Property — Valley Mill Road March 15, 2010 Page 9 B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of; cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. The required buffer along Martin Drive will satisfy the landscaping needs of this frontage. D) Transportation The applicant has proffered that the site access will be via the inter parcel connection in the southwest corner of the site which will indirectly utilize the proffered entrance for the Walgreens site. hnprovements to Valley Mill Road across the properties frontage including improvements to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right-of-way needed to make the improvements. The Applicant has proffered that all improvements to Valley Mill Road, proffered either by this project or the adjacent Walgreens — Dairy Corner Place project, must be completed prior to a Certificate of Occupancy for this project. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other recent projects have taken this approach to address the off -site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. • • Rezoning #07-09 — Burns Property — Valley Mill Road March 15, 2010 Page 10 PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/07/09 MEETING: In response to the outstanding issues raised by the staff, the applicant proposed revisions to their proffers which included the following: 1) tie the issuance of a Certificate of Occupancy for this project to road improvements proffered by Walgreens; specifically, an additional lane along the Valley Mill Road frontage at the Route 7 intersection; 2) no direct access onto Valley Mill Road, thereby eliminating additional conflict points along Valley Mill Road; and 3) provision of a taper for a turn lane onto Martin Drive, as well as an expansion of Valley Mill Road across the property frontage, which will allow the applicant to tie into the improvements provided by Walgreens and enable the width expansion of Valley Mill Road to construct a left -turn lane into Dowell .1. Circle. In order to provide a safe access into the site for east -bound Valley Mill Road traffic, the project entrance on Martin Drive was pushed back as far as possible to minimize any conflict between vehicles entering and exiting the site at the Martin Drive/Valley Mill Road intersection. Regarding the buffering and screening, the applicant stated that landscaping along the Martin Drive frontage will be substantial with a Category B Zoning District buffer consisting of three trees per ten linear feet; and the screening along Valley Mill Road will be an extension of that proffered as part of the Walgreens project, with street trees 50 feet on center. In lieu of the sidewalk along the property's frontage, the applicant offered to extend the trail system and to maintain a portion of the off -site sidewalk. One person spoke during the public comment portion of the hearing; he was the previous owner of the 220 Seafood Restaurant and was currently a part owner ol'approximately 38 acres in this vicinity. I-Ie was concerned about access for his property to Route 7, as well as Valley Mill Road, in the event he decided to develop his property. I-Ie asked about his ability to access the roads planned for the Walgreens site. Commission members had questions for the applicant about whether the entrances to the Walgreens site would tie into the Burns property and they encouraged the movement of traffic through the Walgreens site to access the Burns' project with left -turn movements. A joint entrance sign was suggested. The Commission also discussed with the applicant the impacts to the six residences across the street along Martin Drive. Commission members supported the rezoning application in general, as far as the land use and its transition, based on the Comprehensive Policy Plan. However, they felt the issue of successfully Integrating the Improvements associated with this proposal and those provided with the Walgreens program remained to be seen. The Commission decided that tabling this rezoning for 45 days would provide some time for everyone to study the applicant's revised proffers and for the applicant to incorporate all the changes that were discussed. The vote to table was unanimous. (Note: Commissioner Ruckman was absent from the meeting) 0 • Rezoning #07-09 — Burns Property — Valley Mill Road March 15, 2010 Page 11 PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/02/09 MEETING: There were no citizen continents during the public comment portion of the meeting. Commissioners had questions for the applicant concerning whether an access agreement between the Walgreens site and the Burns property was in place. Since the Martin Drive access had been eliminated, along with the Valley Mill Road access, this site had no access without the inter -parcel connector. There was a question about whether a consolidated TIA was done for both sites, considering that both sites would be accessed through the Walgreens site. There were also questions concerning the sidewalks proposed for Martin Drive and the Frederick County School site. The applicant said all of the easement plats will be recorded at the time of closing, scheduled for the last week of December 2009. The applicant noted the access agreement is both a proffered condition and a private agreement through easement. Regarding the Martin Drive sidewalk, the sidewalk would be built within the applicant's property boundary; there is an existing right-of-way large enough to improve Martin Drive to State standards, without impacting the sidewalk constructed by the applicant. A Category "B" buffer would be required to address the landscaping element adjacent to residential uses across Martin Drive and adjacent to the north. Regarding the sidewalk at the Dowell J. Howard property, Frederick County Schools will be dedicating ten feet of right-of-way across their property frontage and the applicant would construct the sidewalk within the State's right-of-way. The applicant stated that the traffic volume for the Burns property is expected to be 10% of the built -out trips on Valley Mill Road; therefore, the majority of their transportation improvements will occur on Valley Mill Road. Frontage improvements on Valley Mill Road and the left -turn lane at Dowell J. Howard were discussed. The applicant's proffer stipulated that the site could not be developed until all of the improvements were made all the way out to Route 7. Commission members commented that removing Martin Drive as an access to the site both simplified and improved the overall vehicular traffic movement. Given the current budget situation facing the Frederick County and the school system, Commissioners had concerns about setting a 180-day time restriction for the schools to dedicate the sidewalk property, when it may not be a funding priority for the schools. They thought it may be appropriate for the applicant to either provide the dedication documents or provide a cost -sharing opportunity to the extent possible. In order to expedite the process, the applicant agreed to prepare and provide all the necessary documents necessary for the dedication, so the schools would not be burdened with the costs. The Planning Commission unanimously recommended approval of the rezoning with the applicant's proffers and with the understanding that the applicant has made a commitment to prepare and provide all of the necessary documents for the Valley Mill Road right-of-way necessary for the installation of the sidewalk on the Dowell J. Howard School's frontage within one year of the approved rezoning. (Note: Commissioner Triplett was absent from this meeting.) 0 9 Rezoning #07-09 — Burns Property — Valley Mill Road March 15, 2010 Page 12 BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 01/13/10 MEETING: Deputy Director Ruddy informed the Board that the Planning Commission recommended approval of this request with the applicant to prepare all documents necessary to make the sidewalk connection. Deputy Director Ruddy advised the Board that staff received a new proffer stated, which was submitted that day. Deputy Director Ruddy stated the Frederick County Public Schools' Buildings and Grounds Committee declined to dedicate the right of way to allow the sidewalk to be constructed. I-Ie went on to say, if the right of way is not dedicated, the applicant has proffered $8,000 to construct the sidewalk across the Dowell J. Howard site. Deputy Director Ruddy then reviewed the outstanding issues, which included: off -site transportation impacts; Martin Drive and access through Walgreens; and the sidewalk at the school property. Clarification was made to the Board regarding the changes that were made to the Proffer Statement. Supervisors asked if there was any indication given why Frederick County Public Schools turned down the right-of-way dedication. With regard to the sidewalk installation, Mr. Sowers noted Frederick County Public Schools expressed some concern. The School committee felt there was enough existing right-of-way between the pavement and existing right-ol=way on Valley Mill Road to accommodate the sidewalk. Mr. Sowers reiterated that should Frederick County Public Schools not dedicate the right-of- way the proffers contain a clause regarding the $8,000 contribution. At the request of the Board, Mr. Wayne Lee, Frederick County Public Schools, to come forward and speak to the sidewalk issue. Mr. Lee stated the School Board was not aware the property line sat so far back from the road. The Committee felt that the improvement could be completed in the existing right of way. I-Ie went on to say there was no real reason stated other than to keep the property in school hands. Board Members expressed concerns that the monetary value offered in lieu of the sidewalk construction, $8,000, was in adequate to cover the installation of the sidewalk. In addition, should the sidewalk construction occur within the existing right of way with the necessary curb and gutter and drainage improvements in place, this value would be even more inadequate. There were no citizen comments during the Public Hearing held for this application. Supervisor Collins stated he believed this was a good project, but he had some concerns, in particular the sidewalk connection. I-Ie wanted to give the applicant and the schools additional time to work through this issue. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board postponed the vote on this application for 30 days. • 0 Patton Harris Rusl & Associates Engineers. Surveyors. Planners. Landscape Architects. 18 March 2010 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Burns Property — Valley Mill Road Rezoning Application Dear Mike, The Burns Property Rezoning Application was tabled by the Frederick County Board of P;- T�A Supervisors at their February 24i1, meeting for an additional 30 days at the request of the Applicant. The delay was requested in order to meet with Frederick County Public Schools �Hl in hopes of working out the additional right of way dedication necessary to construct the proposed off -site sidewalk across the frontage of the Dowell J. Howard Center along Valley CORRORATE: Mill Road. We are pleased to report to the Board of Supervisors that the Public Schools Chantilly Buildings and Grounds Committee at thew meeting on March 12th recommended that the VIRGINIA OFFICES: Frederick County School Board endorse tine proposed additional right of way. At the Chantilly following School Board meeting held on March 16th) the School Board agreed with the Charlottesville recommendation made by die Buildings and Grounds Committee. As such, per the Fredericksburg proposed Proffer Statement, the Applicant will be able to prepare all right of way dedication Harrisonburg materials for Frederick County Public Schools and then construct a sidewalk along the full Leesburg frontage of Dowell J. Howard. We believe that this irnprovement is much needed and will Newport News help to serve the needs of the residents in the area. Norfolk Winchester Additionally, the sale of dne adjacent Walgreens parcel has also been completed. This Woodbridge allowed the adjoining land owner to record the easement which allows the Burns Proper-tyto have access to the Walgreens entrance at Valley Mill Road. A copy of the recorded easement LABORATORIES: Chantilly was provided to Planning Staff previously. Completion of this agreement for access through Fredericksburg the adjacent Walgreens tract was another concern of the Board of Supervisors for the Burns Rezoning Application at the initial Public Hearing held on January 12, 2010. MARYLAND OFFICES: Baltimore \Ve feel we have addressed any concerns voiced by the Board of Supervisors and look Columbia forward to presenting the final application to them on March 24. Frederick Germantown If you have any questions or would like to discuss further, please feel free to call me at (540) Hollywood Hunt Valley 667-2139. Williamsport Sincerely, PENNSYLVANIA OFFICE: PATTON I IARRIS RUS & ASS CIATES Allentown i 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Patrick R. Sowers, AICP Suite 200 Winchester, VA 22601 ff 9AW39 (1,C)f MT1W Me ItZ LS Mr) IYWT�; MOM f IJ114" i1A,11 Ivi Case Planner NlruddN F-. W37 8,,.- Jim ur 0 25 50 100 Feet Burns Property Valley Mill Rd REZ # 07 - 09 Rezoning Request RP to B2 Current Zoning Office Et Retail Use PIN: 54 -A - 11 2Q, 11 2D, 11 2P Im • 0 REZONING APPLICATION 407-09 BURNS PROPERTY — VALLEY MILL ROAD Staff Report for the Board of Supervisors Prepared: February 2, 2010 Staff Contact: Michael T. RLlddy, AlCP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended approval Board of Supervisors: 01/13/10 Tabled by BOS 02/10/02 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to 132 (General Business) District, with proffers, for Commercial Uses. LOCATION: The properties are located in the northwest corner Of the intersection with Valley Mill Road (Route 659) and Martin Drive. EXECUTIVE SUMMARY, STAFF UPDATE AND PLANNING COMMISSION RECOMMENDATION FOR THE 2/10/10 BOARD OF SUPERVISORS MEETING: The Applicant has not made any changes to the Application o►• the Proffer Statement to address the concerns identified and comments made during the 01/13/10 Board meeting. Please see the enclosed letter from W. Patrick Sowers representing the Applicant. Frederick County Public Schools have also provided an updated letter. The January 12, 2010 Proffer Statement is the latest Proffer Statement provided by the Applicant. Predominantly, the Board of Supervisors previous discussion revolved around the sidewalk connection proffered by the Applicant across the Frederick County Public Schools' Dowell J. Howard property. Board Members recognized that this was a good improvement; however, they expressed concerns that the monetary value offered in lieu of the sidewalk construction should the sidewalk not be installed in a timely fashion, $8,000, was inadequate to cover the installation Of the sidewalk. In addition, should the sidewalk construction Occur within the existing right-of-way with the necessary curb and gutter and drainage improvements in place, this value would be even more inadequate. The Applicant has not provided an estimate of the cost of the proffered improvements. Preliminary estimates generated by Frederick County Public Works indicate that the construction as shown on the GDP would be greater than $8,000, and the COI1Sti'LlCtiOrl within the existing fight -Of --way, including curb and gutter would be considerably higher. Supervisors had tabled the request to give the Applicant and the Schools additional time to work through this issue. Previously, the Planning Commission had recommended approval Of this application. 0 • Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 2 Staff had previously noted that in general, the B2 land use proposed conforms to the Eastern Frederick C011llty Long Range Land Use Plan. Many of the impacts associated with this rezoning request, 111ClUding those to the adJaccnt residential Uses and the 1111111CCllatc transportation network, 11lClUding the pedestrian and bicycle accommodations, have been addressed by the applicant. The Board should be satisfied that all of their concerns have been adequately addressed. A public hearing for this request has been held. Therefore, following the discussion of this Mein, a decision rmirdim j, this rezoning application would be appropriate. The applicant should be prepared to adequatel}, address all concerns raised bh the Board of Supervisors 0 0 Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be usefud to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended approval Board of Supervisors: 01/13/10 Tabled by BOS 02/10/02 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Office and Retail Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54-A-112Q, 54-A-112D and 54-A-112P PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (Business General) RP (Residential Performance) South: RP (Residential Performance) Cast: RP (Residential Performance) West: B2 (Business General) Use: Commercial (220 Seafood) Residential Use: Dowell J. Howard Use: Residential Use: Vacant/Commercial 9 Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 4 REVIEW EVALUATIONS: Frederick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers in the Burns Property — Valley Mill Road rezoning application dated August 18, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including riglit-of way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspections fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the discussion to include the disposition of the three single family dwellings. The dwellings appear to leave been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparcel connection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress -egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss stormwater management. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Recreation: No comment. Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 5 Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the I-IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have impact operations at the Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volurne that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volurne than to stacking at the Valley Mill/Berryville Turnpike intersection. Please see additional email dated October 6, 2009, ftom Yhayme Lee, F, CPS. Frederick County Attorney: Please see attached email dated November 17, 2009. Plannina Department: Please see attached Menlo dated December 11, 2008firom Michael T. Rudd}; AICP, Deputy Planning Director. Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the three parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I -1 J Land Use The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor- Plan. Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 6 The business corridor expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. Site Access was originally proposed to be provided from one primary location, via Martin Drive. A secondary indirect access point was proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. However, it became evident through the ongoing Staff and Commission review of this request that the status of Martin Drive, the key access point to this proposed commercial project, was not clear. It was determined that Martin Drive is not a State Road. VDOT does not and will not maintain this street. Therefore, previous comments regarding improving this access point to current VDOT standards and efforts that gained VDOT's approval of a commercial entrance and upgrade to a portion of Martin Drive are invalid. Given the existing conditions of Martin Drive and the surrounding residential land uses, it would appear unlikely to be able to be improved sufficient to meet current VDOT standards. Due to this, and as the current ownership and status of Martin Drive has not been clearly demonstrated, the Applicant revaluated their approach to accessing this commercial project. Access to the project will not be via Martin Drive. Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. The Applicant is currently finalizing the details of the access easement with the adjacent property owner. No additional entrances will be permitted on Valley Mill Road. County review of this modification to the site access pattern indicates no significant additional impacts to Valley Mill Road and Route 7 beyond those originally identified in the TIA. Traffic impacts to Martin Drive and its intersection would be eliminated. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. The addition of the 10' hiker biker trail across the property's Valley Mill Road frontage, to connect Martin Drive with the proffered 10' hiker biker trail which was proffered with the Walgreens — Dairy Corner rezoning, is a positive addition to this application. In addition, the Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell J. Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 7 Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the cornmercial uses. The Applicant has committed to preparing all documents necessary to implement the necessary right of way dedication by the FCPS and will construct the improvement. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. 4) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level of service. These include additional capacity at the intersection of Route 7 and Valley Mill Road and an additional lane in Route 7. Not all of these improvements are being provided ►vith this application. The recently approved Walgreens - Dairy Corner Rezoning request has provided several improvements at the intersection of Valley Mill Road and Route 7. The timing of the completion of these improvements in relation to this rezoning is very important. A commitment has been made by the Applicant that the development of this site would not occur until the improvements proffered by the adjacent property to Valley Mill Road are implemented. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. Howard entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has eliminated all proposed improvements to Martin Drive as this is no longer proposed to be utilized for access. Rezoning 407-09 — Burns Property — Valley Mill Road February 2, 2010 Page 8 The continuation of the bike path along Valley Mill Road has been provided as have pedestrian accommodations along the Martin Drive frontage. The proposed pedestrian improvements in conjunction with the Frederick County Public School's property are beneficial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request, in particular, given the identified level of service deficiencies at the intersection of Valley Mill Road and Route 7. In addition, it should be recognized that the value of the previously proffered improvements to Martin Drive have not been offset in the Applicant's proffer package. B. Design Standards The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements. In an effort to address some of the corridor appearance goals of the Comprehensive Plan, this application has provided for additional street tree planting along the properties' road frontage with Valley Mill Road. The buffer and screening of those adjacent residential properties on Martin Drive will be addressed by those requirements currently required by ordinance. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 5) Proffer Statement — Dated December 5, 2008, revised December 23, 2009, final revision dated January 12, 2010. A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through November 16, 2009) for the site. The GDP shows the location of the inter parcel connection to the adjacent property to the West which provides the only point of access to this site and improvements on Valley Mill Road. The full entrance on Martin Drive and the improvements to Martin Drive have been removed. The GDP also shows the 10' asphalt trail along Valley Mill Road and the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan is also used to identify the general location of the additional street trees. Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 9 B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of; cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. The required buffer along Martin Drive will satisfy the landscaping needs of this frontage. D) Transportation The applicant has proffered that the site access will be via the inter parcel connection in the southwest corner of the site which will indirectly utilize the proffered entrance for the Walgreens site. Improvements to Valley Mill Road across the properties frontage including improvements to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right-of-way needed to make the improvements. The Applicant has proffered that all improvements to Valley Mill Road, proffered either by this project or the adjacent Walgreens — Dairy Corner Place project, must be completed prior to a Certificate of Occupancy for this project. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other recent projects have taken this approach to address the off -site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 10 PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/07/09 MEETING: In response to the outstanding issues raised by the staff, the applicant proposed revisions to their proffers which included the following: 1) tie the issuance of a Certificate of Occupancy for this project to road improvements proffered by Walgreens; specifically, an additional lane along the Valley Mill Road frontage at the Route 7 intersection; 2) no direct access onto Valley Mill Road, thereby eliminating additional conflict points along Valley Mill Road; and 3) provision of a taper for a turn lane onto Martin Drive, as well as an expansion of Valley Mill Road across the property frontage, which will allow the applicant to tie into the improvements provided by Walgreens and enable the width expansion of Valley Mill Road to construct a left -turn lane into Dowell J. Circle. In order to provide a safe access into the site for east -bound Valley Mill Road traffic, the project entrance on Martin Drive was pushed back as far as possible to minimize any conflict between vehicles entering and exiting the site at the Martin Drive/Valley Mill Road intersection. Regarding the buffering and screening, the applicant stated that landscaping along the Martin Drive frontage will be substantial with a Category B Zoning District buffer consisting of three trees per ten linear feet; and the screening along Valley Mill Road will be an extension of that proffered as part of the Walgreens project, with street trees 50 feet on center. In lieu of the sidewalk along the property's frontage, the applicant offered to extend the trail systern and to maintain a portion of the off -site sidewalk. One person spoke during the public comment portion of the hearing; he was the previous owner of the 220 Seafood Restaurant and was currently a part owner of approximately 38 acres in this vicinity. He was concerned about access for his property to Route 7, as well as Valley Mill Road, in the event he decided to develop his property. I-Ie asked about his ability to access the roads planned for the Walgreens site. Commission members had questions for the applicant about whether the entrances to the Walgreens site would tie into the Burns property and they encouraged the movement of traffic through the Walgreens site to access the Burns' project with left -turn movements. A joint entrance sign was suggested. The Commission also discussed with the applicant the impacts to the six residences across the street along Martin Drive. Commission members supported the rezoning application in general, as far as the land use and its transition, based on the Comprehensive Policy Plan. However, they felt the issue of successfully integrating the improvements associated with this proposal and those provided with the Walgreens program remained to be seen. The Commission decided that tabling this rezoning for 45 days would provide some time for everyone to study the applicant's revised proffers and for the applicant to incorporate all the changes that were discussed. The vote to table was unanimous. (Note: Commissioner Ruckman was absent from the meeting.) Rezoning H07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 11 PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/02/09 MEETING: There were no citizen comments during the public comment portion of the meeting. Commissioners had questions for the applicant concerning whether an access agreement between the Walgreens site and the Burns property was in place. Since the Martin Drive access had been eliminated, along with the Valley Mill Road access, this site had no access without the inter -parcel connector. There was a question about whether a consolidated TIA was done for both sites, considering that both sites would be accessed through the Walgreens site. There were also questions concerning the sidewalks proposed for Martin Drive and the Frederick County School site. The applicant said all of the easement plats will be recorded at the time of closing, scheduled for the last week of December 2009. The applicant noted the access agreement is both a proffered condition and a private agreement through easement. Regarding the Martin Drive sidewalk, the sidewalk would be built within the applicant's property boundary; there is an existing right-of-way large enough to improve Martin Drive to State standards, without impacting the sidewalk constructed by the applicant. A Category "B" buffer would be required to address the landscaping element adjacent to residential uses across Martin Drive and adjacent to the north. Regarding the sidewalk at the Dowell J. Howard property, Frederick County Schools will be dedicating ten feet of right-of-way across their property frontage and the applicant would construct the sidewalk within the State's right-of-way. The applicant stated that the traffic volume for the Burns property is expected to be 10% of the built -out trips on Valley Mill Road; therefore, the majority of their transportation improvements will occur on Valley Mill Road. Frontage improvements on Valley Mill Road and the left -turn lane at Dowell J. Howard were discussed. The applicant's proffer stipulated that the site could not be developed until all of the improvements were made all the way out to Route 7. Commission members commented that removing Martin Drive as an access to the site both simplified and improved the overall vehicular traffic movement. Given the current budget situation facing the Frederick County and the school system, Commissioners had concerns about setting a 180-day time restriction for the schools to dedicate the sidewalk property, when it may not be a fielding priority for the schools. They thought it may be appropriate for the applicant to either provide the dedication documents or provide a cost -sharing opportunity to the extent possible. In order to expedite the process, the applicant agreed to prepare and provide all the necessary documents necessary for the dedication, so the schools would not be burdened with the costs. The Planning Commission unanimously recommended approval of the rezoning with the applicant's proffers and with the understanding that the applicant has made a commitment to prepare and provide all of the necessary documents for the Valley Mill Road right-of-way necessary for the installation of the sidewalk on the Dowell J. Howard School's fi-ontage within one year of the approved rezoning. (Note: Commissioner Triplett was absent from this meeting.) Rezoning #07-09 — Burns Property — Valley Mill Road February 2, 2010 Page 12 BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 01/13/10 MEETING: Deputy Director Ruddy informed the Board that the Planning Commission recommended approval of this request with the applicant to prepare all documents necessary to make the sidewalk connection. Deputy Director Ruddy advised the Board that staff received a new proffer stated, which was submitted that day. Deputy Director Ruddy stated the Frederick County Public Schools' Buildings and Grounds Committee declined to dedicate the right of way to allow the sidewalk to be constructed. I-Ie went on to say, if the right of way is not dedicated, the applicant has proffered $8,000 to construct the sidewalk across the Dowell J. Howard site. Deputy Director Ruddy then reviewed the outstanding issues, which included: off -site transportation impacts; Martin Drive and access through Walgreens; and the sidewalk at the school property. Clarification was made to the Board regarding the changes that were made to the Proffer Statement. Supervisors asked if there was any indication given why Frederick County Public Schools turned down the right-of-way dedication. With regard to the sidewalk installation, Mr. Sowers noted Frederick County Public Schools expressed some concern. The School committee felt there was enough existing right-of-way between the pavement and existing right-of-way on Valley Mill Road to accommodate the sidewalk. Mr. Sowers reiterated that should Frederick County Public Schools not dedicate the right-of- way the proffers contain a clause regarding the $8,000 contribution. At the request of the Board, Mr. Wayne Lee, Frederick County Public Schools, to come forward and speak to the sidewalk issue. Mr. Lee stated the School Board was not aware the property line sat so far back from the road. The Committee felt that the improvement could be completed in the existing right of way. Ile went on to say there was no real reason stated other than to keep the properly in school hands. Board Members expressed concerns that the monetary value offered in lieu of the sidewalk construction, $8,000, was in adequate to cover the installation of the sidewalk. In addition, should the sidewalk construction occur within the existing right of way with the necessary curb and gutter and drainage improvements in place, this value would be even more inadequate. There were no citizen comments during the Public Hearing held for this application. Supervisor Collins stated he believed this was a good project, but be had some concerns, in particular the sidewalk connection. I-Ie wanted to give the applicant and the schools additional time to work through this issue. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board postponed the vote on this application for 30 days. 0 0 REZONING APPLICATION 407-09 BURNS PROPERTY — VALLEY MILL ROAD Staff Report for the Board of Supervisors Prepared: January 4, 2010 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended approval Board of Supervisors: 01/13/10 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to 132 (General Business) District, with proffers, for Commercial Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. EXECUTIVE SUMMARY, STAFF UPDATE AND PLANNING COMMISSION RECOMMENDATION FOR THE 1/13/10 BOARD OF SU13ERVISOIZS MEETING: The Pla11111I1g C0111miSSiOn Ullarlimously recommended approval Of the rezoning with tile applicant's proffers and with the understandiIlg that the applicant has made a commitment to prepare and provide all of the necessary documents for the Valley Mill Road right-of-way necessary for the installation of the sidewalk on the Dowell J. Howard School's frontage within one year Of the approved rezoning. SUbsequent t0 the Planning Commission's recommendation, the Applicant has modified their Proffer Statement (latest revision dated December 23, 2009) to address the commitment they made to the Planning Commission t0 prepare aIld provide all the documents necessary for the dedication Of the right-of-way on the I�CPS property to enable the construction of a sidewalk along this property's frontage. The Proffer Statement is in the appropriate legal form. hl general, the 132 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. Many of the impacts associated with this rezoning request, including those to the adjacent residential uses and the immediate transportation network, including the pedestrian and bicycle accommodations, have been addressed by the applicant. The Board ShOUId rccognl/_.e that transportation improvements have not been provided that would achieve all acceptable level Of service at the adjaceIlt intersection of Route 7 and Route 659. !Additional monetary contribUtions alined at mitigating the impacts of this project, particularly at the above llltcrseetion, have not been provided. folioying the public heafin , a decision i-egan inn this mzoning application Ivoidd be appi-opHate. The applicant shoidd be prepared to ailequate& a&h-eS:y all concei-ns i'aised bV the Board of Supervisors. Rezoning 907-09 — Burns Property — Valley Mill Road January 4, 2010 Page 2 This report is prepared by the Frederick County Hanning Staff to provide information to the hlannln, Commission and the Board of Supervisors to assist them in maknig a decision on this application. It may also be useful to otters interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/07/09 "fabled by PC 12/02/09 Recommended approval Board of Supervisors: 01/13/10 Pending PROPOSAL: To rezone 1.26 acres from RI3 (Residential Performance) District to B2 (General Business) District, with proffers, for Office and Retail Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54-A-112Q, 54-A-1 12D and 54-A-112P PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) Bast: RP (Residential Performance) West: B2 (Business General) Use: Commercial (220 Seafood) Residential Use: Dowell J. Howard Use: Residential Use: Vacant/Commercial Rezoning 407-09 — Burns Property — Valley Mill Road January 4, 2010 Page 3 IZE VIEW EVALUATIONS: Frederick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers in the Burns Property — Valley Mill Road rezoning application dated August 18, 2009 address transportation concerns associated with this request. Beforc development, this off ice will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data frorn the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspections fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the discussion to include the disposition of the three single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparecl connection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress -egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss storrnwater management. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Sel-vice Authority: No comments. Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Recreation: No comment. Rezoning 407-09 — Burns Property — Valley Mill Road January 4, 2010 Page 4 Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have impact operations at the Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville'furnpike intersection. Please see additional email dated October 6, 2009, firorn Wayne Lee, FCPS. Frederick County Attorney: Please see attached einall dated Afoheinber 17, 2009. Planning Department: Please see attached Memo dated December 11, 2008from klichael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the three parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 J Land Use The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. Rezoning 1107-09 — Burns Property — Valley Mill Road January 4, 2010 Page 5 The business corridor expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Tra»sportal ion This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. ROutc 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. Site Access was originally proposed to be provided from one primary location, via Martin Drive. A secondary indirect access point was proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. However, it became evident through the ongoing Staff and Commission review of this request that the status of Martin Drive, the key access point to this proposed commercial project, was not clear. It was determined that Martin Drive is not a State Road. VDOT does not and will not maintain this street. Therefore, previous comments regarding improving this access point to current VDOT standards and efforts that gained VDOT's approval of a commercial entrance and upgrade to a portion of Martin Drive are invalid. Given the existing conditions of Martin Drive and the surrounding residential land uses, it would appear unlikely to be able to be improved sufficient to meet current VDOT standards. Due to this, and as the current ownership and status of Martin Drive has not been clearly demonstrated, the Applicant revaluated their approach to accessing this commercial project. Access to the project will not be via Martin Drive. Access to the project will be solely through the interparcel connection to the west through the Walgreens — Dairy Corner property. "I he Applicant is currently finalizing the details of the access easement with the adjacent property owner. No additional entrances will be permitted on Valley Mill Road. County review of this modification to the site access pattern indicates no significant additional impacts to Valley Mill Road and Route 7 beyond those originally identified in the TIA. Traffic impacts to Martin Drive and its intersection would be eliminated. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. The addition of the 10' hiker- biker trail across the property's Valley Mill Road frontage, to connect Martin Drive with the proffered 10' hiker biker trail which was proffered with the Walgreens—Dairy Corner rezoning, is a positive addition to this application. In addition, the Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell J. 0 • Rezoning 407-09 — Burns Property — Valley Mill Road January 4, 2010 Page 6 Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the commercial uses. The Applicant has committed to preparing all documents necessary to implement the necessary right of way dedication by the FCPS and will construct the improvement. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. 4) Potential Impacts A. Transportation Based upon the scenario lles!Tibed in the AplJlicant's TIA, the TIA describes improvements that are necessaryy to achieve all acceptable level ofsei'wce. These include additional capacity at the inter section of Route 7 and Valley Mill Road and all a(l(litioual lace ill Route 7. Not all of these hnj)i-ovements are being pi-ovi(led lvith this application. The recently approved Walgreens - Dairy Corner Rezoning request has provided several improvements at the intersection of Valley Mill Road and Route 7. The timing of the completion of these improvements in relation to this rezoning is very important. A commitment has been made by the Applicant that the development of this site would not occur until the improvements proffered by the adjacent property to Valley Mill Road are implemented. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. Howard entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has eliminated all proposed improvements to Martin Drive as this is no longer proposed to be utilized for access. 0 • Rezoning #07-09 — Burns Property — Valley Mill Road January 4, 2010 Page 7 The continuation of the bike path along Valley Mill Road has been provided as have pedestrian accommodations along the Martin Drive frontage. The proposed pedestrian improvements in conjunction with the Frederick County Public School's property are beneficial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request, in particular, given the identified level of service deficiencies at the intersection of Valley Mill Road and Route 7. In addition, it should be recognized that the value of the previously proffered improvements to Martin Drive have not been offset in the Applicant's proffer package. B. Design Standards The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements. In an effort to address some of the corridor appearance goals of the Comprehensive Plan, this application has provided for additional street tree planting along the properties' road frontage with Valley Mill Road. The buffer and screening of those adjacent residential properties on Martin Drive will be addressed by those requirements currently required by ordinance. C. Communi y Facilities The development of this site will have an impact on commUmty facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 5) Proffer Statement — Dated December 5, 2008 with latest revision December 23, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through November 16, 2009) for the site. The GDP shows the location of the inter parcel connection to the adjacent property to the West which provides the only point of access to this site and improvements on Valley Mill Road. The full entrance on Martin Drive and the improvements to Martin Drive have been removed. The GDP also shows the l 0' asphalt trail along Valley Mill Road and the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan is also used to identify the general location of the additional street trees. Rezoning 1107-09 — Burns Property — Valley Mill Road January 4, 2010 Page 8 B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of; cast stone, stone, brick, architectural block, cry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. The required buffer along Martin Drive will satisfy the landscaping needs of this frontage. D) Transportation The applicant has proffered that the site access will be via the inter parcel connection in the southwest corner- of the site which will indirectly utilize the proffered entrance for the Walgreens site. Improvements to Valley Mill Road across the properties frontage including improvements to accommodate a left turn lane into Dowell .l. Howard are provided, as is the dedication of any necessary right-of-way needed to make the improvements. The Applicant has proffered that all improvements to Valley Mill Road, proffered either by this project or the adjacent Walgreens — Dairy Corner Place project, must be completed prior to a Certificate of Occupancy for this project. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other recent projects have taken this approach to address the off -site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $ 1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriffs purposes. STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker- trail should be extended across this properties frontage with Valley Mill Road. Rezoning #07-09 — Burns Property — Valley Mill Road January 4, 2010 Page 9 PLANNING COMMISSION SUMMARY AND ACTION Or THE 10/07/09 MEETING: In response to the outstanding issues raised by the staff, the applicant proposed revisions to their proffers which included the following: 1) tie the issuance of a Certificate of Occupancy for this project to road improvements proffered by Walgreens; specifically, an additional lane along the Valley Mill Road frontage at the Route 7 intersection; 2) no direct access onto Valley Mill Road, thereby eliminating additional conflict points along Valley Mill Road; and 3) provision of a taper for a turn lane onto Martin Drive, as well as an expansion of Valley Mill Road across the property frontage, which will allow the applicant to tie into the improvements provided by Walgreens and enable the width expansion of Valley Mill Road to construct a left -turn lane into Dowell J. Circle. In order to provide a safe access into the site for cast -bound Valley Mill Road traffic, the project entrance on Martin Drive was pushed back as far as possible to minimize any conflict between vehicles entering and exiting the site at the Martin Drive/Valley Mill Road intersection. Regarding the buffering and screening, the applicant stated that landscaping along the Martin Drive frontage will be substantial with a Category B Zoning District buffer consisting of three trees per ten linear feet; and the screening along Valley Mill Road will be an extension of that proffered as part of the Walgreens project, with street trees 50 feet on center. In lieu of the sidewalk along the property's frontage, the applicant offered to extend the trail system and to maintain a portion of the off -site sidewalk. One person spoke during the public comment portion of the hearing; he was the previous owner of the 220 Seafood Restaurant and was currently a part owner of approximately 38 acres in this vicinity. I-Ie was concerned about access for his property to Route 7, as well as Valley Mill Road, in the event lie decided to develop his property. I-Ie asked about his ability to access the roads planned for the Walgreens site. Commission members had questions for the applicant about whether the entrances to the Walgreens site would tie into the Burns property and they encouraged the movement of traffic through the Walgreens site to access the Burns' project with left -turn movements. A joint entrance sign was suggested. The Commission also discussed with the applicant the impacts to the six residences across the street along Martin Drive. Commission members supported the rezoning application in general, as far as the land use and its transition, based on the Comprehensive Policy Plan. However, they felt the issue of successfully integrating the improvements associated with this proposal and those provided with the Walgreens program remained to be seen. The Commission decided that tabling this rezoning for 45 days would provide some time for everyone to study the applicant's revised proffers and for the applicant to incorporate all the changes that were discussed. The vote to table was unanimous. (Note: Commissioner Ruckman was absent from the meeting.) Rezoning #07-09 — Burns Property — Valley Mill Road January 4, 2010 Page 10 PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/02/09 MEETING: There were no citizen comments during the public comment portion of the meeting. Commissioners had questions for the applicant concerning whether an access agreement between the Walgreens site and the Burns property was in place. Since the Martin Drive access had been eliminated, along with the Valley Mill Road access, this site had no access without the inter -parcel connector. There was a question about whether a consolidated TIA was done for both sites, considering that both sites would be accessed through the Walgreens site. There were also questions concerning the sidewalks proposed for Martin Drive and the Frederick County School site. The applicant said all of the easement plats will be recorded at the time of closing, scheduled for the last week of December- 2009. The applicant noted the access agreement is both a proffered condition and a private agreement through easement. Regarding the Martin Drive sidewalk, the sidewalk would be built within the applicant's property boundary; there is an existing right-of-way large enough to improve Martin Drive to State standards, without impacting the sidewalk constructed by the applicant. A Category "B" buffer would be required to address the landscaping element adjacent to residential uses across Martin Drive and adjacent to the north. Regarding the sidewalk at the Dowell J. Howard property, Frederick County Schools will be dedicating ten feet of right-of-way across their property frontage and the applicant would construct the sidewalk within the State's right-of-way. The applicant stated that the traffic volume for the Burns property is expected to be 10% of the built -out trips on Valley Mill Road; therefore, the majority of their transportation improvements will occur on Valley Mill Road. Frontage improvements on Valley Mill Road and the left -turn lane at Dowell J. Howard were discussed. The applicant's proffer stipulated that the site could not be developed until all of the improvements were made all the way out to Route 7. Commission members commented that removing Martin Drive as all access to the site both simplified and improved the overall vehicular traffic movement. Given the current budget situation facing the Frederick County and the school system, Commissioners had concerns about setting a 180-day time restriction for the schools to dedicate the sidewalk property, when it may not be a funding priority for the schools. They thought it may be appropriate for the applicant to either provide the dedication documents or provide a cost -sharing opportunity to the extent possible. In order to expedite the process, the applicant agreed to prepare and provide all the necessary documents necessary for the dedication, so the schools would not be burdened with the costs. The Planning Commission unanimously recommended approval of the rezoning with the applicant's proffers and with the understanding that the applicant has made a commitment to prepare and provide all of the necessary documents for the Valley Mill Road right-of-way necessary for the installation of the sidewalk on the Dowell J. Howard School's frontage within one year of the approved rezoning. (Note: Commissioner Triplett was absent from this meeting.) 0 • REZONING APPLICATION #07-09 BURNS PROPERTY — VALLEY MILL ROAD Staff Report for the Planning Commission Prepared: November 16, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Pending Board of Supervisors: 01/13/10 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to 132 (General Business) District, with proffers, for Commercial Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. EXECUTIVE SUMMARY, STAFF UPDATE AND CONCLUSION FOR THE 12/02/09 PLANNING COMMISSION MEETING: Subsequent to the Planning Commission meeting, Staff has been evaluating the status of Martin Drive, the key access point to this proposed commercial project. It has been determined that Martin Drive is not a State Road. VDOT does not and will not maintain this street. Previous comments regarding improving this access point to current VDOT standards and efforts that gained VDOT's approval of a commercial entrance and upgrade to a portion of Martin Drive are therefore invalid. Given the existing conditions of Martin Drive and the surrounding residential land uses, it would appear unlikely to be able to be improved sufficient to meet current VDOT standards. In addition, the current ownership and status of Martin Drive has not been clearly demonstrated. With this in mind, the Applicant has revaluated their approach to accessing this commercial project. The Applicant has provided a modified Proffer Statement dated November 16, 2009. In SUmmary: • The Applicant has prohibited direct access to Valley Mill Road and stated that primary access shall be through the adjoining property, at a point identified as an inter parcel connection. Further, that access to Martin Drive shall be prohibited at this time. The Applicant has proffered that all improvements to Valley Mill Road, proffered either by this project or the adjacent Walgreens — Dairy Corner Place project, must be completed prior to a Certificate of Occupancy. The Applicant has continued the 10' hiker biker trail across this properties frontage with Valley Mill Road, provided a sidewalk along Martin Drive, and proffered the construction of a sidewalk along the Dowell J. Howard School property. Rezoning #07-09 — Burns Property — Valley Mill Road November 16, 2009 Page 2 In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request, including those to the adjacent residential uses and the transportation network, have not been frilly mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection of Route 7 and Route 659. Additional monetary contributions aimed at mitigating the impacts of this project have not been provided and a value comparable to the eliminated improvements to Martin Drive has not been offset. FOIIOIV!/lti 111L' /Jl[IJlic meeting, Cl i'eC0/11/)le/111CltlO/1 1'L'gl/1'!l/n;; this /'B7.011lll;r application to the Board of S!lpei'visors would be appropriate. The 1pplicant should be prepal'ed to adequately adlh'ess all concerns raised by the Planning Commission. Rezoning 407-09 — Burns Property — Valley Mill Road November 16, 2009 Page 3 This report is prepared by the Frederick County Planning Staff to pn•ovide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It /nay also be useful to others interested in this Zoning matter. Unresolved Issue's concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/07/09 'fabled by PC 12/02/09 Pending Board of Supervisors: 01/13/10 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to I32 (General Business) District, with proffers, for Office and Retail Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54-A-112Q, 54-A-112D and 54-A-1 12P PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) Use: Commercial (220 Seafood) Residential Use: Dowell.i.I-Ioward Use: Residential Use: VacantICommercial 0 • Rezoning 407-09 — Burns Property — Valley Mill Road November 16, 2009 Page 4 REVIEW EVALUATIONS: Frederick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers in the Burns Property — Valley Mill Road rezoning application dated August 18, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, Including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspections fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the discussion to include the disposition of the three single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparcel connection referenccd in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress -egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss stormwater management. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the refbrenec to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Sei-vice Authority: No comments. Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Recreation: No comment. Rezoning #07-09 — Burns Property — Valley Mill Road November 16, 2009 Page 5 Historic Resources Adviso► , Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the I-IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have impact operations at the Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville Turnpike intersection. Frederick County Attorney: Please see allached letler dale(l November 24, 2005, from Roderick B. I'illiams, CounlyAllorney. Planning Department: Please see attached Memo dalecl December 11, 2008 i-om Michael T. Rudely AICP, Deput), Planning Director. Planning & Zoning: I) Site Hlstor}' The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the three parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of commtmity life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor- Plan. 0 • Rezoning #07-09 — Burns Property — Valley Mill Road November 16, 2009 Page 6 The business corridor expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point cast of its current location, to align Nvith Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Site Access is proposed to be provided from one primary location, via Martin Drive. No additional entrances will be permitted on Valley Mill Road. A secondary indirect access point is proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. With the anticipated redevelopment that may occur on the properties to the west of this rezoning, additional opportunities may exist for inter parcel connectivity through the adjacent property and on to the connecting driveway proffered by the Walgreens — Dairy Corner property. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. Presently, a bike path along Valley Mill Road has not been provided The original preliminary application provided a 10' hiker biker trail across the property's frontage to connect Martin Drive with the proffered10' hiker biker trail which was proffered with the Walgreens — Dairy Corner rezoning. This improvement should be reinstated into the application. It would be appropriate for this application to provide for sidewalk improvements along the Martin Drive frontage. The Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell J Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the commercial uses. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. Rezoning 907-09 — Burns Property — Valley Mill Road November 16, 2009 Page 7 4) Potential Impacts A. Transportation Based upon the scenario described iii theAppl%caitt's TIA, the TIA describes inipi'ovements that are necessary to achieve an acceptable level ofservice. Not all of these improvements will be in place and none of the intpi'ovements ai'e being provided with this application. The recently approver! Walgreens - Dahj? Co/'ne/' Rezoning request has provided several improvements at the intersection of Valley Mill Road and Route 7. The tuning of the completion of these hnprovenients in relation to this rezoning is veq important. Development of this site s/rorrlrl not occur until the imp/'OVBN1ei11S prof fei'ed by the adjacent propertJ) are implemented. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. IIoward entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. IIoward. The Applicant has also proposed improvements to Martin Drive which currently does not meet minimum VDOT standards. The proposed improvements appear to be the minimal necessary to meet current standards. A left turn lane is not provided frorn Valley Mill Road into Martin Drive. It may be desirable to encourage the eastbound traffic utilizing this site to use the entrance proffered with the Walgreens — Dairy Corner application where a protected left turn exists. This could be approached through several methods including a combined signage package with the adjacent property which could share the principle sign for projects and include directional signage. A bike path along Valley Mill Road has not been provided. A IO' hiker biker trail across the property's frontage to connect Martin Drive with the profferedl0' hiker biker hail ivhich was pi -of fered with the Walgreens — Daily Corner' rezoning should be misstated into the application. It would also be appropriate for this application to provide for sidewalk improvements along the Alai -tin Drive frontage. The proposed pedestrian improvements in 0 • Rezoning 4107-09 — Burns Property — Valley Mill Road November 16, 2009 Page 8 conjunction with the Frederick County Public School's property are beneficial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of [lie need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request. B. Design Standards The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. In addition, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. The adjacent residential properties across Martin Drive should be recognized. This application has provided for additional street tree plantinb alona the properties' road frontage with l/alle}, Mill Road Additional street tl'ees along 111al'tin DH),e should be conside1'ed as should ho)v this YVould fit in With the required buffer landscape screening. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 5) Proffer Statement — Dated December 5, 2008 with latest revision September 10, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through September 10, 2009) for the site. The GDP shows a full entrance on Martin Drive and improvements on Valley Mill Road. The location of a potential location for inter parcel connections is also shown on the GDP. It also shows the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. The GDP is used to identify the general location of the additional street trees. Rezoning #07-09 — Burns Property — Valley Mill Road November 16, 2009 Page 9 B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Dail), Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of, cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. This should be extended on Martin Drive. D) Transportation The applicant has proffered one site entrance on Martin Drive as shown on the GDP. A location has been identified for an inter parcel connection in the southwest corner of the site. Improvements to Valley Mill Road across the properties frontage including improvements to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right-of-way needed to make the improvements. Improvements to Martin Drive to meet current minimum standards are proposed. Said improvements should include a sidewalk. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other recent projects have taken this approach to address the off -site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/07/09 MEETING: In response to the outstanding issues raised by the staff, the applicant proposed revisions to their proffers which included the following: 1) tie the issuance of a Certificate of Occupancy for this project Rezoning 407-09 — Burns Property — Valley Mill Road November 16, 2009 Page 10 to road improvements proffered by Walgreens; specifically, an additional lane along the Valley Mill Road frontage at the Route 7 intersection; 2) no direct access onto Valley Mill Road, thereby eliminating additional conflict points along Valley Mill Road; and 3) provision of a taper- for a turn lane onto Martin Drive, as well as an expansion of Valley Mill Road across the properly frontage, which will allow the applicant to tie into the improvements provided by Walgreens and enable the width expansion of Valley Mill Road to construct a left -turn lane into Dowcll .1. Circle. In order to provide a safe access into the site for east -bound Valley Mill Road traffic, the project entrance on Martin Drive was pushed back as far as possible to minimize any conflict between vehicles entering and exiting the site at the Martin Drive/Valley Mill Road intersection. Regarding the buffering and screening, the applicant stated that landscaping along the Martin Drive frontage will be substantial with a Category B Zoning District buffer consisting of three trees per ten linear feet; and the screening along Valley Mill Road will be an extension of that proffered as part of the Walgreens project, with street trees 50 feet on center. In lieu of the sidewalk along the property's frontage, the applicant offered to extend the trail system and to maintain a portion of the off -site sidewalk. One person spoke during the public comment portion of the hearing; he was the previous owner of the 220 Seafood Restaurant and was currently a part owner of approximately 38 acres in this vicinity. I-Ie was concerned about access for his property to Route 7, as well as Valley Mill Road, in the event lie decided to develop his property. I -le asked about his ability to access the roads planned for the Walgreens site. Commission members had questions for the applicant about whether the entrances to the Walgreens site would tie into the Burns property and they encouraged the movement of traffic through the Walgreens site to access the Burns' project with left -turn movements. A joint entrance sign was suggested. The Commission also discussed with the applicant the impacts to the six residences across the street along Martin Drive. Commission members supported the rezoning application in general, as far as the land use and its transition, based on the Comprehensive Policy Plan. However, they felt the issue of successfully integrating the improvements associated with this proposal and those provided with the Walgreens program remained to be seen. The Commission decided that tabling this rezoning for 45 days would provide some time for everyone to study the applicant's revised proffers and for the applicant to incorporate all the changes that were discussed. The vote to table was unanimous. (Note: Commissioner Ruckman was absent from the meeting.) Following the public ineeting, a recoil men(ration /'egar( inn this rezoning application to the Board of Supervisors would be appropriate The applicant should he prepared to adequately address all concerns raised by the Planning Commission. REZONING APPLICATION 407-09 BURNS PROPERTY — VALLEY MILL ROAD Staff Report for the Planning Commission Prepared: September 21, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/09 Pending Board of Supervisors: 1 1/18/09 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the 132 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicaIlt. In particular, transportation improvements have not been provided that Would llllpl'OVe 01' achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. Following the required public hearing, a recommen(latlon regarding this rezgnin,�, application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #07-09 — Burns Property — Valley Mill Road September 21, 2009 Page 2 This report is prepared bj, the Frederick County Planuning Staff to provide information to the Planning Commission and the Board of Supervisors to assist theist in making a llecision on this application. It may also be iiseful to others interested in this zoning platter. Unresolved Issues concerning this application are noted bj7 staff Where relevant throughout this staff report. Reviewed Action Planning Commission: 10/07/09 Pending Board of Supervisors: 11/18/09 Pending PROPOSAL: To rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Office and Retail Uses. LOCATION: The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54-A-1 12Q, 54-A-1 12D and 54-A-112P PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) Use: Commercial (220 Seafood) Residential Use: Dowell.l.I-Ioward Use: Residential Use: Vacant/Commercial 0 • Rezoning 407-09 — Burns Property — Valley Mill Road September 21, 2009 Page 3 REVIEW EVALUATIONS: Fredel•ick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers in the Burns Property — Valley Mill Road rezoning application dated August 18, 2009 address transportation concerns associated Nvith this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspections fee and surety bond coverage. Fire Ma►shal: Plan approval recommended. Public Works Department: 1. Refcr to hnpact Analysis, page 1: Expand the discussion to include the disposition of the three single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparcel cormection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress -egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss stormwater management. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Sei-vice Authoi-ity: No comments. Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Recreation: No comment. Rezoning #07-09 — Burns Property — Valley Mill Road September 21, 2009 Page 4 Historic Resources Advisoij, Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the I-IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have impact operations at the Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and arc concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville Turnpike intersection. Frederick County Attorney: Please see attached leller cicrlecl November 24, 2008, fironz Roderick B. Williams, Couzzly Allorney. Planning Department: Please see allached A4emo elated December 11, 2008 tuna Uichael T. Rzrcldy, AICP, DepuI3, Planning Director. Planning & Zoning: 1) Site Histol-y The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the three parcels which comprise the proposed rezoning as IZ2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. 2) Coin prehens ive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan Is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I -1 J Land Use The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. • Rezoning 907-09 — Burns Property — Valley Mill Road September 21, 2009 Page 5 The business corridor expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Site Access is proposed to be provided from one primary location, via Martin Drive. No additional entrances will be permitted on Valley Mill Road. A secondary indirect access point is proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. With the anticipated redevelopment that may occur on the properties to the west of this rezoning, additional opportunities may exist for inter parcel connectivity through the adjacent property and on to the connecting driveway proffered by the N11algreens — Dairy Corner property. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. Presently, a bike path along Valley 11Ii// Road has not been provided. The original preliminary application provided a 10' hiker biker trail across the property's frontage to connect Martin Drive with the proffered10' hiker biker trail which was proffered with the Walgreens — Dairy Corner rezoning. This improvement should be reinstated into the application. It would be appropriate for this application to provide for sidewalk improvements along the Martin Drive frontage. The Applicant has SOUght to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell .I IIoward property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, School users, and patrons of the commercial uses. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. 0 Rezoning #07-09 — Burns Property — Valley Mill Road September 21, 2009 Page 6 4) Potential Impacts A. Transportation Based upon the scenario described min the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level ofservice. Not all of these improvements ivill be in_ place and none of the improvements are being pr-ovided lvith this application. The recently approved Walgreens - Dairy Corner Rezoning regtmest has provided several improvements at the intersection of Valle}? Mill Road and Route 7. The timing of the completion of these improvements in relation to this rezoning is very important`. Development of this site should not occur until the improvements proffered by the adjacent property are implemented. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. Howard entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has also proposed improvements to Martin Drive which currently does not meet minimum VDOT standards. The proposed improvements appear to be the minimal necessary to meet current standards. A left turn lane is not provided from Valley Mill Road into Martin Drive. It may be desirable to encourage the eastbound traffic utilizing this site to use the entrance proffered with the Walgreens — Dairy Corner application where a protected left turn exists. This could be approached through several methods including a combined signage package with the adjacent property which could share the principle sign for projects and include directional signage. A bike path along Valley Mill Road has not been provided. A 10' hiker biker trail across the property's frontage to connect Martin Drive Yvmth the profferedl0' hiker biker trail ►vhich Was proffered with the 11,algreens — Dairy Corner rezoning should be reinstated into the application. It ►vould also be appropriate for this application to provide for sidewalk improvements along the Martin Drive frontage. The proposed pedestrian improvements in 0 9 Rezoning 407-09 — Burns Property — Valley Mill Road September 21, 2009 Page 7 conjunction Nvith the Frederick County Public School's property are beneficial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County improvements they may be proposing. Such an approach should be in addition to the specific considered with this request. B. Design Standards The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. In addition, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. The adjacent residential properties across Mai -tin Drive should be recognized. This application has provided for additional street tree plantina alona the properties' road -outage With Valley Mill Road. Additional street trees aloe; Martin Drive should be considered as should hoii, this Would fit in With the required buffer landscape screeuiub. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the Impacts to community facilities Is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriffs purposes. 5) Proffer Statement — Dated December 5, 2008 with latest revision September 10, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through September 10, 2009) for the site. The GDP shows a full entrance on Martin Drive and improvements on Valley Mill Road. The location of a potential location for inter parcel connections is also shown on the GDP. It also shows the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. The GDP is used to identify the general location of the additional street trees. Rezoning #07-09 — Burns Property — Valley Mill Road September 21, 2009 Page S B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building Construction materials have been limited to LISIng one or a combination of, cast stone, stone, brick, architcetural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. This should be extended on Martin Drive. D) _Transportation The applicant has proffered one site entrance on Martin Drive as shown on the GDP. A location has been identified for an inter parcel connection in the southwest corner of the site. Improvements to Valley Mill Road across the properties frontage including lmproven7CntS to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right-of-way needed to make the improvements. Improvements to Martin Drive to meet current minimum standards are proposed. Said improvements should include a sidewalk. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other recent projects have taken this approach to address the off -site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contIibultion to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation Improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. Following the required public hewing, a recommen(latiorr regarding this l•ezonirr.:; application to the Board of Snper'Vlsor's iyould be appr'opl'late. The appllca{it sholllll be pl'epar'ed to a(leq[latel)? adlh-ess all concerns raised bj� the Planning Commission. 0 • �J • 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Slaf:� Fee Amount Paid (; 176 Zoning Amendment Number Date Received ' ! o.� PC Hearing Date i r t" 1ilelk BOS Hearing Date The following information shall be proi,icled by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester Virginia 22601 2. Pi-opei-ty Ownei- (if different than above) Name: David M. & Svetlana M. Burns Telephone: Address 1675 Fort Braddock Ct Winchester, VA 22601 3. Contact person(s) if other than above Name: Patrick Sowers w/PI-IRA Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X u • 5. The Code of Virginia Allows us to request full disclosure of ownership in ('elation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: David M. Burns Svetlana M. BLII'11S 6. A) Current Use of the Property B) Proposed Use of the Property: Residential Commercial 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located at the northwest corner of the intersection of Valley Mill Road and Martin Drive. is In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity seenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 54-A-112Q, 54-A-112D, and 54-A-112P. Districts Magisterial: Fire Service: Rescue Service Red Bud Greenwood Greemi,00d High School: Middle School: Elementary School: James Wood JW Alliddle Redbud Run 10. Zoning ChaI1ge: List the acreage Included in each new zoning category being rcgL1CStCd. ACI'es Cllrre"t Zoning Zollin r Itc( 11CStCd 1.26 RP B2 1.26 Total acreage to be rezoned 0 • • 11. The following Information should be provided according to the type of rezoning proposed: Numbcr of Units Proposed Single Family Home Non -Residential Lots Office Retail Restaurant 12. Signature: Townhome Multi -Family Mobile Home Hotel Rooms Square Footage of Proposed Uses 6,000 Service Station 6,000 Manufacturing Flex - Warehouse Other (Pharmacy) I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the 'zoning ordinance and to change the "zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Date It' -7 • W n • • • Adjoining Property Owners Rezoning Owilers of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"`'floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Eastside Holdings LLC P.O. Box 31 Property #: 54F-3-Al Winchester, VA 22604 Name: Frederick County School Board P.O. Box 3508 Property #: 54-A-114 Winchester, VA 22604 Name: Edward Spence 115 Canyon Rd Property #: 54-A-112J Winchester, VA 22602 Name: 220 Seafood Restaurant LLC 238 Hanging Tree Rd Property #: 54-A-112C Winchester, VA 22603 Name: Eastside Holdings LLC P.O. Box 31 Property #: 54F-3-A2 Winchester, VA 22604 Name: Eastside Holdings LLC P.O. Box 31 Property #: 54F-A-30 Winchester, VA 22604 Name: Edward Spence 115 Canyon Rd Property #: 54-A-112K Winchester, VA 22602 Name: Edward Spence 115 Canyon Rd Property M 54-A-1120 Winchester, VA 22602 Name: Property #: Name: Property #: Name: Property #: Name: Property#: Name: Property #: Name: Property #: 4 • • • �`'r -UGC Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.cojecderick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All \glen By Those Present: That I (We) (Name) David tM. & Svetlana M. Burns (Phone) (Address) 1675 Fort Braddock Ct Winchester VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Numbers: 060019975 060019772, and 060021 192 and is described as Tax Map Parcel 54-A-112D 54-A-1 12Q 54-A-1121) Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Plione) 540.667.2139 10Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 l'o act as illy true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for illy (our) above described Property, including ,x Rezoning (including proffers) _ Conditional Use Permits _ Master Development Plan (Preliminary and Final) _ Subdivision Site Plan Nly attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: 'this authorization shall expire one year from the clay it is signed, or until it is otherwise rescinded or modified. -7' ti In witness thereof, I (Nve) have hereto set illy (our) hand and seal this % day of' J , 200 ; Sigiwitre(s State of Virginia, Cit ,/Csuuty.of 'ro-wit: Zig t/ ± d ✓h 13 vt2 A/ S m 6-rz a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally_appcared before me ai -i has acknowledged the same before me in the jurisdiction aforesaid this 40 clay of'&-p -, 2009_. My Commission Expires: an I � Wotar Public Kee , # /679,-7 4 • .. o C) N W sJ0'if"'r0•Y i 7, it f w M � Hy I SECTION TWO COLONIAL HEIGHTS RaVlS/O/J SCALE I' - 50.� Z I ! f LOT 27 I f LOT 26 11,5720 �?b I k Lor 25 Ef < < LOT 29 , i ?i 1 ►`t! 6,526 yJ a 5 lJt1 �• o LOT 24 LOT 2.9 tea ^ ~ I + 11,842 pf w ~ i ) 7_ 'P LOT 30 19,0350 sJ�•Jr'rr'r - Iry.ON' z 112� " •t LOT 'J2 20,269 Wf h4 r w Y w r H M C. 44T H p� i sic C� GERTIFlCAIENo. +1 54-17-3 M965 b 3 54-17.()162 4 'rr yc LANU S'j « \ r �► AMENDMENT ,-- Action: PLANNING COMMISSION: December 2, 2009 - Recommended Approval BOARD OF SUPERVISORS: March 24, 2010 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 407-09 FOR BURNS PROPERTY — VALLEY MILL ROAD WHEREAS, Rezoning 407-09 for Burns Property — Valley Mill Road, submitted by Patton Harris Rust & Associates, to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers dated December 5, 2008 and last revised on January 12, 2010, for Commercial Uses, was considered. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54-A-112Q, 54-A-I 12D and 54-A-112P. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 2009 and a public meeting on December 2, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 13, 2010 and a public meeting on March 24, 2010; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, for Commercial Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDREs1r01-10 11 0 This ordinance shall be in effect on the date of adoption. Passed this 24th day of February, 2010 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeI-Iaven, Jr. Aye Christopher E. Collins Aye A COPY ATTEST John R. �UeyrJr. Vrecjericic County Administrator PDRES11101-10 • 0 PROPOSED PROFFER STATEMENT REZONING: RZ # 07 J0 1 Residential Performance (RP) to Business General (B2) PROPERTY: 1.26 acre +/-; Tax Map Parcels 54-A-112Q, 54-A-112D, and 54-A-112P (the "Property') RECORD ONX/NER: David M. & Svetlana M. Burns APPLICANT: David M. & Svetlana M. Bums PROJECT NAME: Burns Property - Valley Mill Road ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE(S): December 5, 2008; August 18, 2009; September 10, 2009; November 16, 2009; December 23, 2009; January 12, 2010 The undersigned hereby proffers that the use and development of the subject property ("Propert-y"), as described above, shall be ul strict conformance with the followung conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon fi al rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning my be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Burrs Property- Valley Mill Road" dated July27, 2009 revised November 16, 2009 (the "GDP"). 1. Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 Development of the Properly shall not exceed a total of 12,000 square feet of building floor area and shall be Iirnited to a maximum of 1,516 Average Daily Trips (ADT). It is understood that pass -by and all other reductions, as permitted by VDOT, maybe applied to arrive at the maximum ADT weld of 1,516. The ADT shall be deternnumed using the latest edition of the I.T.E. Trip Generation Manual and shall be depicted on any future site plans for the Property. No site plan shall be approved for the Property if the proposed use generates an ADT count that exceeds 1,516. 1.3 No certificate of occupancy shall be issued for any building constructed on the Properly until such time that all road improvements for Valley Mill Road provided by RZ # 03-09, "Walgreens - Dairy Corner Place" as approved by Frederick County on August 12, 2009 are completed. Proffer Slalemerrl 0 Ii'ns Property - Valley Mill Road 1.4 Direct Access to Valley Mill Road from the Property shall be prohibited. 1.5 PrinlAry means of access to the Property shall be provided by an inter -parcel connection to and from the area located vest of the Properly in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley Mill Road through the adjoining properly and shall align with the interparcel connector provided per Proffer 1.4 for RZ # 03-09, "Walgreens — Dairy Corner Place" as approved by Frederick County on August 12, 2009. The interparcel connection shall be installed prior to the issuance of a building pernnit for any building constructed on the Properly. (See 1 on GDP) Nothing herein shall obligate the County to provide such access or to make arrangements or assist in providing such access. The Applicant acknowledges that, until access to the Properly is provided to Valley Mill Road via the interparcel conmection pursuant to Proffer 1.5, the Properly would not be capable of use for any purpose constituting a change from its current use. 1.6 Access to Martin Drive from the Property shall be prohibited until such time that Marlin Drive is accepted by Frederick County for public road purposes or until all properties located along Martin Drive are zoned for connrnercial use. The location of any future access to Martin Drive and any i-riprovements and/or right of way necessary for Martin Drive and Valley Mill Road to make said connection shall be subject to review and approval by Frederick County and VDOT. Nothing herein shall obligate the County to accept Martin Drive for public road purposes prior to or upon VDOT indicating that Martin Drive has been constructed to meet, or surety is provided sufficient to cover the construction cost of d to meet, applicable VDOT standards for acceptance into the chose improvements require state secondary road system. 1.7 Prior- to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a sidewalk along the Property frontage with Martin Drive. 1.8 The Applicant shall design and construct an additional lane for Valley NO Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Properly. The Applicant shall dedicate all right of way necessary for said improvement as determined at the Lillie of site plan. (See 2 on GDP) 1.9 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide a left turn lane for Valley Mill Road, subject to VDOT review and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 3 on GDP) 1.10 The Applicant shall provide street trees planted a maxinum of 50' on center across the Property frontage vlith Valley NO Road as depicted on the GDP prior to the issuance of a certificate of occupancy for any building constructed on the Properly. (See 4 on GDP) 1.11 Prior to issuance of a certificate of occupancy for any building constructed on the Properly, the Applicant shall construct a 10' asphalt trail in confornnance with VDOT standards across the Property frontage with Valley Mill Road as depicted on the GDP. (See 5 on GDP) Page 2 of 4 E Proffer Statenient • Burns Property — Valley Mill Road 1.12 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County Public Schools across the frontage of the Dowell ] Howard Center property (114 54-A-114), the applicant shall construct a sidewalk as shown on the GDP along the South side of Valley Mill Road along the full frontage of the Dowell J 1-Ioward property to connect with the existing sidewalk located on the South side of Valley I\til] Road. The Applicant shall prepare all documents necessary for the tight of way dedication for use by Frederick County Public Schools "vidun 12 months of the Date of Final Rezoning (DFR). In the event the right of way is dedicated prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall install the sidewalk prior to issuance of the certificate of occupancy for any building constructed on the Property or, in the alternative, proNnded that prior to issuance of such certificate of occupancy the Applicant bonds the sidewalk to completion, die Applicant shall install the sidewalk within 120 days of dedication of the additional right of way by Frederick County Public Schools. In the event the right of way is not dedicated prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall bond die sidewalk to completion prior to issuance of the certificate of occupancy for any building constructed on the Property and will install the sidewalk widin 120 days of dedication of the additional right of way by Frederick County Public Schools. Finally, in the event the additional right of way has not been dedicated widen 5 years of the DFR, the Applicant shall pay to the County the sum of $8,000 to be used for automobile and/or pedestrian transportation improvements within the County and the County shall release the aforementioned bond for the sidewalk improvements. (See 6 on GDP) 2. Design Standards 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, duinpster pad screen walls shall be constructed of the same masonry materials) used for building construction. 3. Monetary Contribudoii to Offset Impact of Development 3.1 The Applicant shall contribute the ainount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars (51,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. SIGNATURES APPEAR ON TIID FOLLOWING PAGES Page 3 of 4 Proffer Statement • Ons Property — Valley Mill Road Respectfully submitted, David M. Burns B Date: l — / 3 -- /'�" STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: I'71 The foregoing i7strument was acknowledged before me this day of 292 , by 'Di, -y ' d a ac^) v My con-urission expires Notary Public u2- 14 =j - /�P / 5''.1 CO-7 q Svetlana Burns i By Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -ant: -71 The foregoing ilstrument was acknowledged before me this day of -To n/oal? / , 2&9; by 8- 0 n/ .S16 I o My comrrussion expires —L--:� Notary Public /')I,L11/ice l %� • /fl�inrriC�` P-Le./*/5;7cl'7V Page 4 of 4 0 It secriory rwo COLON/AL HE/6HTS .fL3avlS/oN SCALE / "= 50 �0 d N: 8,219 5260 r. car 29 //,642 Rf \ rJJ.r7' � \ ` Sd a LOT 3o � 19,033 R1 v� o:. S54-sr'rf'r - rrt.w' Ilz� t Lor ,'1t 2orm 0 -a v+ w r• ` s o �lEf EB�RS OlP GIRTIRCAIT No. 54.17-3 (0965 - 54i7.3 (b)162 a \ LAND • f 4bo 0 N W rr' PIS f�.odtl / Lor 27 j Lor 26 a,5r2 0 - I LOT 25 t• 1 I Lor 24 I— x I i I I I LOT 23 N.00 I 0 0 PROPOSED PROFFER STATEMENT REZONING: RZ Residential Performance (RP) to Business General (132) PROPERTY: 1.26 acre +/-; Tax Map Parcels 54-A-112Q, 54-A-112D, and 54-A-112P (tine "Properl}?') RECORD ONNIIER- David 'T\/I. & Svetlana M. Burns APPLICi\NT ': David M. & Svetlana M. Burns PROJECT NA1\4E: - Burns Property — Valley NO Road ORIGINAL, DATE OF PROFFERS: September 4, 2008 REVISION DATE (S): December 5, 2008; August 18, 2009; SepLcrilbcr 10, 2009; November 16, 2009; December 23, 2009 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be lll strict conformance with the following conditions, which shall supersede all other proffers that i11ay have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not graIlted as applied for by the apphcailt ("Applicant"), these proffers shall be deemed «ithchawn and shall be null and void. Ful-Llier, these proffers are contingent upon final rezoning of the Property with "flllal rezoning" defined as that rezoning which Is 1I1 effect on the clay following the last day upon which the Frederick County Board of County Supci-visors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to stibnlit development plans until such coIltest is resolved, the terin rezoning shall include the clayf followlllg entry of a final court order affll"llliilg the decision of the Board which has not been appealed, or, ll appealed, the day following R1116 the decision has been affi-ined on appeal. The te1'lll "Applicant" as referenced herclll Shall nlclude within its incaning all fuLure owners and successors 11l Interest. When Llsed in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Burns Property— Valley Mill Road" dated July27, 2009 revised November 16, 2009 (the "GDP"). 1. Site Development n 1.1 The Propertyshall be clevelopccl in substantial conformance with the GDP. 1.2 Development of the Propcityshall not exceed a total of 12,000 square feet of building floor area and shall be lullited to a I1laxi -ilim of 1,516 Average Daily Trips (ADT). It is understood that pass -by and all other reductions, as permitted by VDOT, may be applied to arrive at the I11llx1llll1111 ADT yield of 1,516. The ADT shall be deterrnuleci using the latest edition of the I.T.E. Trip Generation Manual and shall be depicted on any future site plans for the Property. No site plan shall be approved for the Property if the proposed use generates an ADT count that exceeds 1,516. 1.3 No certificate of occupancy shall be issued for any building constructed on the Property until such time that all road illnprovennents for Valley Mill Road provided by RZ # 03-09, "Walgreens — Dairy Corricr Place" as approved by Frederick County on AugusL 12, 2009 are completed. Prof%er S'lulcrnerrl • /3rn'ns Properly — Killey Mill Road 1.4 Du-ect Access to Valley NM Road from the Property shall be prohibited. 1.5 Primly incans Of access to the Property shall be provided by all Ater -parcel connection to and Irorn the area located Rest Of the Property in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley Null Road through the adjouting property and shall align with the ulterparcel connector provided per Proffer 1.4 for RL ; 03-09, "Walgreens — Dairy Corner Place" as approved by Frederick County on August 12, 2009. The inerparcel connection shall be installed prior to the issuance of a buildrtg permit for any building constructed on the Property. (See 1 on GDP) Nothing 11creil shall obligate the County to provide such access or to make arrangements or assist it providing such access. The Applicant acluiowledges that, until access to the Property is provided to Valley Mill Road via the itterparcel connection pursuant to Proffer 1.5, the Property would not be capable of use for any purpose constituting a change front its current use. 1.6 Access to Martin Drive front the Property shall be prohibited until such tu11C that Martel Drive is accepted by Frederick County for public road purposes or until all properties located along Martel Drive are zoned for Corm-nercial use. The location of any future access to Martui Drive and any ilnproventents and/or right of way necessary for Martel Drive and Valley Mill ROad to male said connection shall be subject to review and approval by Frederick Count}' and VDOT. NOthrlg hcrerl shall obligate the County to accept Martel Drive for public road purposes prior to or upon VDOT indicating that Mal'trl Drive has been consu-ucted to meet, Or surety is provided sufficient to cover the construction cost of those illproventents required to meet, applicable VDOT standards for acceptance unto the state secondary road system. 1.7 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant Shall Construct a SrdCwalk along the Property frontage with Martel Drive. 1.8 The Applicant shall design and construct an additional lane for Vallcy Mill Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for an), building constructed on the Property. The Applicant shall dedicate all right of way necessary for said ui nprovernent as deterIi1inecl at the tulle Of site plan. (See 2 On GDP) 1.9 Prior to issuance of a Certificate Of Occupancy for any bullldnlg constructed On the Propert},, the Applicant shall provide a left turn lane for Vallcy Mill Road, subject to VDOT review and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 3 on GDP) 1.10 The Applicant shall provide street trees planted a maxinlurin of 50' on center across the Property frontage with Valley Mill Road as depicted on the GDP prior to the issuance of a Certificate Of occupancy for any building Constructed on the Property. (See 4 on GDP) 1.11 Prior to issuance of a certificate of occupancy for an}' buildui lg constructed on the Property, the Applicant shall Construct a 10' asphalt trail nl conformance with VDOT standards across the Property frontage with Vallcy Mill Road as depicted on the GDP. (See 5 on GDP) Page 2 of 4 0 Prof&r Stulernenl 13 Properly — Valley Hill Road 1.12 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County Public Schools across the frontage of the Dowell J Ioward Center property (TM 54-A-114), the Applicant shall constnlct a sidewalk as shown on the GDP along the South side of Valley Null Road along the full frontage of tile Dowell J Howard property to connect with file elistulg sidewalk located on the South side of Valley Null Road. The Applicant shall prepare all docurnems necessary for the right of way dedication for use by Frederick County Public Schools withal 12 months of the Date of Fnlal Rezonui ig (DFR). Tile sidewalk shall be installed prior to issuance of a certificate of occupancy for ally buddlrlg constructed on the Properly or, ll] the event the light of way is dedicated after issuance of a certMCalC Of occupancy for any building constnictecl on the Property, the Applicant shall install the sidewalk withal 120 da)s of dedication of the additional right of way by Frederick County Public Schools. (See 6 on GDP) Design Standards 2.1 All), building constructed oil the Properlyshall be constructed usnlg one oI" a Combnlation of the follownlg : Cast stone, stone, brick, architectural block, dryvit or stucco. Additionally, dunipster pad screen walls shall be constructed of the same masoiuy material(s) used for building constriction. 3. Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property, 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriffs Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of 4 E 1'ro.fer Slatenienl Bari ns Property — Valley Allill Road Respectfully submitted, David M. Burns B}r Date: / Z /2 ; Id r STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: yof P` The foregouig instrument was acl-I kowledged before me this Ida 2009 b > 3 My cone u} •ssion x ires. , v - r Notary Public ur- /7 cl7y Svetlan By Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was aclu-Iowledged before me this �day of 2009, by S Vc fi B c I i? z✓�> .. My cone u� ission/evires Notary Public //� 11rl r �1/) - 1---22:2 == )<Vrj1gi lc?2 �ccj. J5'jCi'7y Pagc 4 of 4 9 0 PROPOSED PROFFER STATEMENT Itl,"ZO)NING: R% # Residential Performance (RP) to Business (;CnCt'al (B2) PROPERTY: 1.26 acre +/-; Tax Map Parcels 54-A-112Q, 54-A-1121), and 54-A-1121) (the "Property") IWCORD MNINI?R: David M. & Svctlana M. Burns APPLICANT: David M. & Svetlana M. Burns PROJI;CI' NAt\ili: Burns Property — Valley Mill Itoad ORIGINAL DATIF, ON PROPFITS: September 4, 2008 REVISION DA"I'F.(S): December 5, 2008; August 18, 2009; September 10, 2009; November 1 G, 2009: I )ecemher 23. 2009 The undersigned hereby proffers that the use and development of the Subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced 132 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and Shall be null and void. Further, these proffers arc contingent upon Final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is CUntCS[CCI, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners all(] successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Burns Property — Valley Mill Road" date[] july 27, 2009 revised November 16, 2009 (the "GDP"). Site Development 1.1 The Property shall be developed in substantial conformance with the GI)). 1.2 Development of the Property shall not exceed a total of 12,000 square feet of building floor area and shall be limited to a maximum of 1,516 Average Daily "Trips (,\D"C). It is understood that pass -by and all other reductions, as permitted by VDOT, may be applied to arrive at the maximum ADT yield of 1,516. "I'he ADT shall be determined using the latest edition of the 1.T.F- Trill Generation Manual and shall be depicted on any future site plans for the Property. No site plan shall be approved for the Property if the proposed use generates an ADT count that exceeds 1,516. 1.3 No certificate of occupancy shall be issued for any building constructed on the Property until such time that all road improvements for Valley Mill Road provided by IZZ #03-09, "Walgrecns — Dairy Corner Place" as approved by Frederick County on August 12, 2009 are completed. Proffer Statement Barns Property — Valley Mill Road 1.4 Direct Access to Valley Mill Road from the Property shall be prohibited. 1.5 Primary means of access to the Property shall be provided by :ill inter -parcel connection to and from the area located west of the Property in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley Mill Road through the adjoining property and shall align with the interparecl connector provided per Proffer L•I for R"/. #03-09, "\\talgrecns — Dairy Corner Place" as approved by Frederick County on August 12, 2009. The interparcel connection shall be installed prior to the issuance of a building permit for any building constructed on the Property. (Sec I on GDP) Nothing herein shall obligate the County to provide such access or to make :arrangements or assist in providing such access. The Applicant acknowledges that, until access to the Property is provided to Valley Mill Road via the inteiparcel connection pursuant to Proffer 1.5, the Property would not be capable of use for any pur►)ose constituting a change from its Current use. 1.6 Access to Martin Drive from the Property shall be prohibited until such III11C that Martin Drive is accepted by Frederick County for public road purposes or until all properties located along Martin Drive are zoned for commercial usc. The location of any future access to Martin Drive and any improvements and/or right of way necessary for \dartin Drive and Valley \fill Road to make said connection shall be subject to review and approval by Frederick County and VD0T. Nothing herein shall obligate the County to accept Martin Drive for public road purposes prior to or upon \UOT indicating that Ndartin Drive has been constructed to meet, or surety is provided sufficient to cover the construction cost of those improvements required to sleet, applicable VD0'I' standards for acceptance into the state secondary road system. 1.7 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a sidewalk along the Property frontage with Martin Drive. 1.8 The Applicant shall design and construct :ul additional I:ute for Valley Mill Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. The Applicant shall dedicate all right of way necessary for said improvement as determined at the time of site plan. (tics 2 on GDP) 1.9 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide a left turn lane for Valley ,\dill Road, subject to MOT review and approval, at the intersection of Dowell j Circle as depicted on the GDP. (Sec 3 on GDP) 1.10 The Applicant shall provide street trees planted a maxilnunl of 50' on center across the Property frontage with Valley Mill Road as depicted on the GDP prior to the issuance of a certificate of occupancy for any building constructed on the Property. (Sec 4 on (;DP) 1.11 Prior to iSStlailCC of a Certificate of occupancy for any building constructed on the Property, the Applicant shall construct a 10' asphalt trail in conformance with VD( T standards across the Property frontage with \'alley Mill Road as depicted on the GDP. (Sec 5 on (;DP) Page 2 of 4 .40 • Proffer Statement Burns Property — Valley Mill Road 1.12 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County Public Schools across the frontage of the Dowell] I loward Center property (I'tM 54-A-1 1.1� the Applicant shall construct a sidewalk as shown on the GDP ;long the South side of Valley Mill Road along the full frontage of the Dowell j I loward property to connect with the existing sidewalk located on the South side of Valley tNlill Road. The APD]icant Shall prepare all clocuments necessary for the right of way dc(lication for use by Frederick County Public Schools within 12 montha of the Date of Final Reioning (I)FIZ). The sidewalk shall be installed prior to issuance of a certificate of occupancy for any building; constructed on the Property or, in the event the right of way is dedicated after issuance of a cerliffcate of occupancy for any building; constructed on the Property, the Applicant shall install the sidewalk within 120 days of (Icdication of the additional right of way by Frederick County Puhfic Schools. (See G on GDP) Design Standards 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dumpster pad screen walls shall be constructed of the same masonry materials) used for building construction. Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of OnC thousand dollars (S1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 Tlic Applicant shall contribute the amount Of one thousand dollars (S 1,000.00) to Frederick County for Sheriffs Office purposes. Said contribution shall be mnde prior to issu:utcC of a building permit for the Property. SIGNATURI-,S APPHAR ON T II: FOLLOWING PAGES Page 3 of 4 Deleted: umhm t8t1 dais of the Date of Final Running (DFltl Proffer Statement Burns Property — Valley Mill Road Respectfully submitted, David M. Burns By: Date: STATE Of VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this clap of 2009, b}. Nly commission expires Notary Public Svetlana BurnS By: Date: STATE OF VIRGINIA, AT LARGE PREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this clay of 2009, by Nly commission expires Notat), Public Page 4 of 4 9 0 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Wednesday, December 23, 2009 2:55 PM To: Mike Ruddy Subject: Burns Property Attachments: Burns Proffer 122309.pdf Mike, I've attached a PDF of the revised proffer statement for the Burns Property. At the PC, we committed to preparing the documents necessary for Fred Co Public Schools to dedicate the additional right of way along Valley Mill Road for the off site sidewalk. The revised proffer reflects this committment. Dave Burns and his wife are coming in today to sign the proffer. I will have the signatures to you next week. Also, our office is closed all next week so I won't be getting e-mails or voicemails. If you would like to discuss the revised proffers or if anything else comes up, feel free to call me on my cell phone - (540) 336-3333. Thanks, Patrick Patrick R. Sowers, AICP Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com PROPOSED PROFFER STATEMENT REZONING: RZ # 0'1.O'�-t Residential Performance (RP) to Busnless General (B2) PROPERTY: 1.26 acre +/-; Tax Map Parcels 54-A-112Q, 54-A-112D, and 54-A-112P (the "Property') RECORD OWNER: David M. & Svetlana M. Burns APPLICANT: David M. ,, Svetlana M. Burns PROJECT NAME: Burns Property- Valley Mill Road ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE(S): December 5, 2008; August 18, 2009; September 10, 2009 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be iin strict conforn-hince with the following conditions, which shall supersede all other proffers that n-ray have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not grunted as applied for by the applicant ("Applicant"), these proffers shall be deemed Rrithdr,wn and shall be null and void. Further, these proffers are contingent upon final rezorluig of the Properly with "final rezoning" defused as that rezolnlilg which Is in effect on the day follownlg die last day • upon which the Frederick County Board of COuntySupci-visors (the "Board") decision grantnlg the rezonnng may be contested ul the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the terns rezoning shall include the day following entry of a final court order affirining the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced lnerenl shall include withi l its mearinlg all future owners and successors nn nntcrest. When used nn these proffers, the "Generllir_ed Development Pla11," shall refer to the plan entitled "Generalized Development Plan, Burns Property- Valley Mill Road" dated July27, 2009 revised September 10, 2009 (the "GDP"). 1. Site Development 1.1 The Propertyshall be developed ill substantial conformance with the GDP. 1.2 Development of the Property shall not exceed a total of 12,000 square feet of buildnlg floor area and shall be limited to a maxi num of 1,516 Average Daily Trips (ADT). It is understood that pass -by and all other reductions, as permitted by VDOT, maybe applied to arrive at the maximum ADT }Meld of 1,516. The ADT shall be deterriluled using the latest edition of the I.T.E. Trip Generation Manual and shall be depicted on any future site plans for the Property. No site plan shall be approved for the Property if the proposed use generates an ADT count that exceeds 1,516. 1.3 Access to the Property shall be limited to one entrance on Manus Drive in the general location depicted on the GDP. Direct access to Valley Mill Road shall be prohibited. (See 1 on GDP) 0 Proj•er ,S1afeinenl 1 • urns Properly — Valley Mill Road � • 1.4 The Applicant shall provide an Inter -parcel connector for access to and from the area located west of the Property in the general location depicted on the GDP prior to the issuance of a certificate of occupancy for any building constructed on the Property. (See 2 on GDP) 1.5 The Applicant shall design and construct an additional lane for Valley No Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. The Applicant shall dedicate all right of way necessary for said improvement as determined at the tune of site plan. (See 3 on GDP) 1.6 The Applicant shall provide a left turn lane for Valley Mill Road, subject to VDOT review and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 4 on GDP) 1.7 The Applicant shall provide street trees planted a maximum of 50' on center- across the Property frontage with Valley Mill Road as depicted on the GDP prior to the issuance of a certificate of occupancy for any bunldnng constructed on the Property. (See 5 on GDP) 1.8 If an additional 10' of right of way for Valley NO Road is dedicated by Frederick County Public Schools across the frontage of the Dowell J Ioward Center property (TM 54-A-114), the Applicant shall construct a sidewalk as shown on the GDP along the South side of Valley NO Road along the full frontage of the Dowell J Howard property to connect with the wasting sidewalk located on the South side of Valley NO Road. The proposed sidewalk across the Dowell J Howard Center property shall be constructed prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 6 on GDP) is1.9 The Applicant shall widen existung Martui Drive to a nniiimum width of 22 feet as shown on the GDP between the untersection with Valley Mill Road and the proposed site entrance. The Applicant shall provide curb and gutter along the Property frontage with Martun Drive. Furthermore, the Applicant shall improve the utersection of Martin Drive and Valley Mill Road to provide for a right turn taper along Valley NO Road and pavement widening of Marun Drive to acconunodate any increase in traffic resulting from development of the Property. All proposed road 'improvements shall be subject to VDOT review and approval. 2. Design Standards 2.1 Any building constructed on the Propertyshall be constructed using one or a combunation of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dumpster pad screen walls shall be constructed of the sanne masonnny material(s) used for building construction. 2. Monetairy Contribution to Offset Impact of Development 2.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building pernit for the Property. 2.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a • buildung pernit for the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 2 of 3 Proffer S/alenlenl 0Burns Properly - Valley Hill Road • Respectfully subnutted, 11 J David M. & Svetlana Burns By Date: Sc pq ID anr)Cl STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this IQA _day of �zp - - 2, 2009, by u O w s My con-u ssion ices ez A�. Notary Public r�6g. 9 /s7?7 `/ Page 3 of 3 • \ ��' �� •' ' = % Con Ion to \\ `� - Ing sidewalk 0'P �a c 4114 �yy < �o EN m GRASS 1.5' SM 12.5AJ 5' BM 25.0 J (OR MATCH EXISTING DEPTH) 8. 21-8- vo\ m r EX. VALLEY MILL RD. a 1.5 W11D J01�pT� REQUIRED Fal�Uq ��D°+' I /__ -- _ ; - SAW CUT EDGE PROVIDE TACK COAT *MATCH EX CROSS SLOPE AGGREGATE LAYERS TO EXTEND 1' BEYOND EDGE OF PAVEMENT, SECTION A —A ROAD WIDENING SECTION N.T.S. a 0 1.5' SW 12.5A-J 5- BM 25.0 J (OR MATCH EKISTING DEPTH) 8. 21-8- 1 5, \ \ TM Existing \ osed \ 1 PrGO opoxd: .� Corv1 PROJECT SITE TM I EX. VALLIiY MILL RD. VARIES 6' , 1.S WUFD JOINT REQIIa D 3 I'AbBnq parwnmt �i CG-6 4�.. __ VI m a u SAW CUT EDGE PROVIDE TACK COAT o y L z m ` m O , Q m U � *MATCH EX CROSS SLOPE = K p p in o AGGREGATE LAYERS TO 'TTEND V BEYOND EDGE OF PAVEMENT. w N Tto N SECTION B—B ¢ o o ROAD WIDENING SEC77ON M.T.S 8 ti ui T m z v C vi a 0 � W N Q W W 0 w o a 0 W VIN � �s a m o \ fi Z tr / D m / a o N O IGn \ \ h GRAPH/CSCALE JO 15 o JO 60 seer) + = N tI O \ (av m ixh _ JO /L n. I \ I ` O I \ � PROPOSED PROFFER STATEMENT REZONING: RZ # o L-C I Residential Performance (RP) to Business General (B2) PROPERTY: 1.26 acre +/-; Tax Map Parcels 54-1\-112Q, 54-A-112D, and 54-A-112P (the "Property") RECORD OWNER: David M. & Svetlana M. Burns APPLICANT: David \I. & Svetlana M. Burns PROJECT Nt\\IE: Burns Property — Valley Mill Road ORIGINAL DATE OF PROFFI RS: September 4, 2008 REVISION DATE(S): December 5, 2008; August 18, 2009; September 10, 2009; November 16, 2009 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conchuons, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to Submit development plans until such contest is resolved, the term rezoning shall include the clay following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Burns Property — Valley Mill Road" dated Jul}, 27, 2009 revised November 16, 2009 (the "GDP"). Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 Development of the Property shall not exceed a total of 12,000 square feet of building floor area and shall be limited to a maximum of 1,516 Average Daily Trips (I\DT). It is understood that pass -by and all other reductions, as permitted by VDOT, may be applied to arrive at the maximum /\DT yield of 1,516. The ADT shall be determined using the latest edition of the LT.E. Trip Generation Manual and shall be depicted on any future site plans for the Property. No site plan shall be approved for the Property if the proposed use generates an ADT count that exceeds 1,516. 1.3 No certificate of occupancy shall be issued for any building constructed on the Property until such time that all road improvements for Valley Mill Road provided by RZ #03-09, "\Valgreens — Dairy Corner Place" as approved by Frederick County on August 12, 2009 are completed. 0 Proffer Statement Burns Property — Valley Mill Road 1.4 Direct Access to Valley Mill Road from the Property shall be prohibited. 1.5 Prinary means of access to the Property shall be provided by an inter-psuccl connection to and from the area located west of the Property in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley Mill Road through the adjoining property and shall align with the interparcel connector provided per Proffer 1.4 for RZ #03-09, "Nalgreens — Dairy Corner Place" as approved by Frederick County on August 12, 2009. The interparcel connection shall be installed prior to the issuance of a building permit for any building constructed on the Property. (See 1 on GDP) Nothing herein shall obligate the County to provide such access or to male arrangements or assist in providing such access. The Applicant acknowledges that, until access to the Property is provided to Valley Mill Road via the interparcel connection pursuant to Proffer 1.5, the Property would not be capable of use for any purpose constituting a change from its current use. 1.6 Access to Martin Drive from the Property shall be prohibited until such time that Martin Drive is accepted by Frederick County for public road purposes or until all properties located along Martin Drive are zoned for commercial use. The location of any future access to Martin Drive and any improvements and/or right of way necessary for Martin Drive and Valley Mill Road to make said connection shall be subject to review and approval by Frederick County and VDO'I". Nothing herein shall obligate the County to accept Martin Drive for public road purposes prior to or upon VD0T indicating that Martin Drive has been constructed to meet, or suret}, is provided sufficient to cover the construction cost of those improvements required to meet, applicable VDOT standards for acceptance into the state secondary road system. 1.7 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a sidewalk along the Property frontage with Martin Drive. 1.8 The Applicant shall design and construct an additional lane for Valley Mill Road across the Property frontage as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. The Applicant shall dedicate all right of way necessary for said improvement as determined at the time of site plan. (See 2 on GDP) 1.9 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide a left turn lane for Valley Mill Road, subject to VDOT review and approval, at the intersection of Dowell J Circle as depicted on the GDP. (See 3 on GDP) 1.10 The Applicant shall provide street trees planted a maximum of 50' on center across the Property frontage with Valley Mill Road as depicted on the GDP prior to the issuance of a certificate of occupancy for any building constructed on the Property. (See 4 on GDP) 1.11 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall construct a 10' asphalt trail in conformance with VDOT standards across the Property frontage with Valley Mill Road as depicted on the GDP. (See 5 on GDP) 1.12 If an additional 10' of right of way for Valley Mill Road is dedicated by Frederick County Public Schools across the frontage of the Dowell J Howard Center property (FM 54-A-114) within 180 days of the Date of Final Rezoning (DFR), the Applicant shall construct a sidewalk as shown on the GDP along the South side of Valley Mill Road along the full frontage of the Dowell J Howard property to connect with the existing sidewalk located on the South side of Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 6 on GDP) Page 2 of 4 0 • Proffer Statement 2. Design Standards Burns Property — Valley Mill Road 2.1 Any building constructed on the Property shall be constructed using one or a con]btnatlon of the following : cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, dumpster pad screen walls shall be constructed of the same masonry material(s) used for building construction. Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars (51,000.00) to Frederick Count), for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 32 The Applicant shall contribute the amount of one thousand dollars (51,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building pernvt for the Property. SIGNATURES APPEAR ON TI-II3 FOLLOWING PAGES Page 3 of 4 0 • Proyer Statement Burns Property — Valley Mill Road Respectfully subnutted, David M. Bums By: Date: % ) I "/ — --> `( STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -merit: The foregoing instrument was acknowledged before me this day of M-0 - , ! r- , 2009, by 2610i'�( 191, j3j1aA> My cone 'ssion qxpires S; ,2-101 1 Notary Public i/ Q\ Svetlana Bur Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 'day of i11(N bay 2009, by Syil- t j a /" �'l (3. i' ✓' ✓ My commis ion expires "- Notary Public 17 c% 17 t Pagc 4 of 4 Ij e Bp CSC N CIO a / Conoet ion to ing sidewalk \\\ HowARO) \ ZL9�---J�` 1S SM 125A-r 5- DM 25.0 J (OR MATCH EASDNG DEPTH) D' 21-8- 4ANS/lv A CG-6 s EX. VALLFY MILL RD. �6' x I Me i m JdNT RE �E:IsWq p—nnt 1 CUT EDGE IDE TACK COAT * MATCH EX CROSS SLOPE AOCRECATE LAYERS TO UTW 1' BEYOND EDGE OF PAVEMENT. SECTION A —A ROAD WIDENING SECTION N.T.S UY Asphalt Tom.✓ I \ f E \ \ Tk PROJECT / \ SITE1,112 Am 1 J �; _ 1 J1 1 1 \\ 1 17yHdSb / f i ON 1z 1-9 is m O a U 0174PI11050.41E JO 15 0 !0 Er". (W FE47) 1 4-. a M !f. Z J W fV J Z Q W of a- W 0.. Z LU 0 W m 9 f Mike Ruddy From: Mike Ruddy Sent: Tuesday, November 17, 2009 11:13 AM To: 'Patrick R. Sowers' Subject: Burns Rezoning Hi Patrick, Rod has reviewed your revised proffers submitted yesterday and has offered the following comments. Rod has recommended some language changes, so as to make clear that the County is in no way changing the obligations of the Walgreens property and that the County is not making any commitment with respect to acceptance of Martin Drive. Below are his additions in bold underline and his deletions in bold strikethrough. Thanks. Mike. 1.5 Primary means of access to the Property shall be provided by an inter -parcel connection to and from the area located west of the Property in the general location depicted on the GDP. Said connection shall provide access to the Property via Valley Mill Road through the adjoining property and shall align with the interparcel connector provided per Proffer 1.4 for RZ #03-09, "Walgreens — Dairy Corner Place" as approved by Frederick County on August 12, 2009. The interparcel connection shall be installed prior to the issuance of a eeWfic-ate-of-oeeupanc-y buildinq ep rmit for any building constructed on the Property. (See 1 on GDP) Nothing herein shall obligate the County or any person to provide such access or to make arrangements or assist in providing such access The Applicant acknowledges that, until access to Martin Drive can be achieved pursuant to Proffer 1 6, the Property would not be capable of use for any purpose constituting a change from its current use. 1.6 Access to Martin Drive from the Property shall be prohibited until such time that Martin Drive is accepted by Frederick County for public road purposes or until all properties located along Martin Drive are zoned for commercial use. The location of any future access to Martin Drive and any improvements and/or right of way necessary for Martin Drive and Valley Mill Road to make said connection shall be subject to review and approval by Frederick County and VDOT. Nothing herein shall obligate the County to accept Martin Drive for public road purposes prior to or upon VDOT indicating that Martin Drive meets applicable VDOT standards for acceptance into the state secondary road system and that VDOT will accept Martin Drive into the state secondary road system. 0 0 Mike Ruddy From: Wayne Lee [Leew@frederick.k12.va.us] Sent: Tuesday, October 06, 2009 10:57 AM To: Mike Ruddy Cc: Al Orndorff Subject: Burns Property Rezoning Mike, Please accept the following statement: I am writing as a member of staff of Frederick County Public Schools. FCPS staff was approached by the applicant with a request to place a trail or sidewalk along the front of the Dowell J. Howard Center property. After some discussion with the applicant's engineer, a mutually agreeable solution to the trail was reached. FCPS staff is supportive of the idea of placing a trail in the public right-of-way along the entire frontage of the Dowell J. Howard Center. Final decisions about the trail and dedication of right-of-way rest with the School Board. We do note County Planning staff's comment that pedestrian facilities should be located across the Burns Property frontage and connect to the proffered Walgreens trail. We defer to their opinion as to what the proper solution to pedestrian circulation in the area should be. We still hold previously stated concerns about traffic congestion on Valley Mill Road. We think that the eventual solution to our concerns lies in the Eastern Road Plan. In the near term, the applicant's proposal, when combined with the Walgreens - Dairy Corner Place road improvements, will partially address those concerns. The remaining concern is the increased difficulty in turning left out of Dowell J. Thank you for the opportunity to comment. Wayne Kenneth Wayne Lee, Jr. CZA Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. 0. Box 3508 Winchester, VA 22604-2546 leew(@fredericl<.k12.va.us (office) 540-662-3889 x88249 (fax) 540-662-4237 (cell) 540-533-3745 1 LI Mike Ruddy From: Ronald A. Mislowsky [Ronald.Mislowsky@phra.com] Sent: Friday, February 19, 2010 3:14 PM To: orndorfa@frederick.kl2.va.us Cc: Patrick R. Sowers; Mike Ruddy Subject: Burns Rezoning Attachments: Burns rezoning fcps 2-19.pdf Mr. Orndorff, Please find the attached request that the right-of-way dedication at Dowell J. Howard on Valley Mill Road be placed on the next Building and Grounds Committee meeting agenda for consideration. If you have any questions, or need additional information, please do not hesitate to call. Ronald A. Mislowsky V.P., Office Manager Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com County Public Schools J—AFrederick to ensure all students an excellent education IAhl 2 7 2010 K. Wayne Lee, Jr. CZA . Coordinator of Planning and Development • leew@frederick.k12.va.us January 26, 2010 - Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Burns Property Rezoning (RZ-07-09) Dear Mike, Thank you for the opportunity to speak on the Burns property rezoning at the Board of Supervisors meeting two weeks ago. I'd like to convey to you some additional thoughts on the subject from the School Board. Even though they have expressed some doubts about dedicating a strip of land in front of the Dowell J. Howard Center for a sidewalk (because of the unexpectedly wide right-of-way there), the School Board is not opposed to this rezoning. They view development of the area as a benefit to Frederick County, providing transportation improvements, better, access to goods and services, improved neighborhood walkability, and an increased tax base. I-Iowever, there are a couple of issues the School Board considers important: Having sidewalk in front of the school will mean extra snow and ice clearing work for the Dowell J staff, taking both time and money that could be used for other purposes. The additional traffic to and from the business(es) located on the Burns property would make more difficult the movement of buses left out of the school, even with the proposed improvements to Valley Mill Road. While addressing this issue at the moment is problematical, the eventual relocation of the Valley Mill Road/Route 7 intersection as shown in the Eastern Road Plan will do so in 15 or 20 years. Please be aware that before the Buildings and Grounds Committee can comment on any deed or easement for a sidewalk, they would need to see the document and details. If you have any questions or comments, you can contact me at leewOmfi•ederick.kl2.va.us or 540-662-3888 x88249. Sincerely, i� K. Wayne`L , Jr., CZA Coordinator of Planning and Development Cc: Mrs. Patricia Taylor, Superintendent of Schools Mr. At Orndorff, Assistant Superintendent for Administration Mr. Patrick Sowers, PI-IR&A Mr. Ron Mislo%vski, PI-IR&A 1415 Amherst Street vNNi.frederick.k12.va.us 540-662-3889 Ext. 88249 540-662-4237fax P.O. Box 3508 Winchester, Virginia 22604-2546 0 E TO: Patrick Sowers of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 FROM: Michael T. Ruddy, AICP�— Deputy Director RE: Initial Cominents — Burns Rezoning Application DATE: December 11, 2008 The following points are offered regarding the Burns Commercial Rezoning Application. This is a request to rezone 1.26 acres from RA to B2 with Proffers. Please consider the comments as you continue your work preparing the application for submission to Frederick County. The conurients reiterate the input that has previously been provided on this request. Please ensure that these comments and all review agency comments are adequately addressed. Land Use. The property is located in the general area covered by the Route 7 Corridor Plan. The property is within the UDA and SWSA and is generally designated in an area of coinrnercial land use. The business corridor expectations of the Comprehensive Plan should be recognized, even though this site does not have visibility on Route 7, and should be applied along Valley Mill Road. General. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. An approach may include locating the buildings on the property to the front of the site, Valley Mill Road, and limiting the amount of parking in -front of the buildings in favor of providing more parking internal to the sight. Address the buffer and screening of adjacent residential properties including those across Martin Drive. A sensitive approach to this that is tailored and builds upon the County's current requirements may be warranted. 107 North Kent Street, Suite 202 • Winchester, 'Virginia 22601-5000 9 0 Initial Comments — Burns Rezoning Application December 11, 2008 Page 2 Transportation. This application proposes a lane improvement to Valley Mill Road but no improvements to Mai -tin Drive, and no participation in recognition of the impacts to the overall transportation network. In particular, the TIA modeled intersection of Valley Mill Road/I-81/Route 7. The long range transportation planning efforts in this area focus attention on a relocated connection of Valley Mill Road with Route 7 at Getty Lane. This application should recognize the long range transportation planning efforts in this area, and should focus on the entrance to Martin Drive, Martin Drive, Valley Mill Road, and an enhanced interparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. More detail should be provided regarding Martin Drive and its intersection with Valley Mill Road. Martin Drive is an existing State Road that does not meet current street standards. Consideration should be given to improving Martin Drive to a public street standard that meets all current standards. In general, this Application fails to provide for any substantial transportation improvements and does not address the transportation impacts associated with this request. Staff had previously commented in our review of the adjacent properties' request that the application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Martin Drive, including a potential internal connection back down to Route 7. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site, most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. Based upon the above scenario, the TIA describes improvements that are necessary to achieve an acceptable level of service. None of these improvements will be in place or guaranteed to be provided prior to the development of this site. 0 Initial Comments — Burns Rezoning Application December 11, 2008 Page 2 Transportation. This application proposes a lane improvement to Valley Mill Road but no improvements to Martin Drive, and no participation in recognition of the impacts to the overall transportation network. In particular, the TIA modeled intersection of Valley Mill Road/I- 8 1 /Route 7. The long range transportation planning efforts in this area focus attention on a relocated connection of Valley Mill Road with Route 7 at Getty Lane. Tlus application should recognize the long range transportation planning efforts in this area, and should focus on the entrance to Martin Drive, Martin Drive, Valley Mill Road, and an enhanced inter -parcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. More detail should be provided regarding Martin Drive and its intersection with Valley Mill Road. Martin Drive is an existing State Road that does not meet current street standards. Consideration should be given to improving Martin Drive to a public street standard that meets all current standards. In general, this Application fails to provide for any substantial transportation improvements and does not address the transportation impacts associated with this request. Staff had previously commented in our review of the adjacent properties' request that the application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Martin Drive, including a potential internal connection back down to Route 7. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site, most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. Based upon the above scenario, the TIA describes improvements that are necessary to achieve an acceptable level of service. None of these improvements will be in place or guaranteed to be provided prior to the development of this site. 0 0 Initial Continents — Burns Rezoning Application December 11, 2008 Page 3 Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Avenue, and Martin Drive. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request relative with the scale of this request. Proffer Statement. A Generalized Development Plan has not been provided with this application. A GDP accompanying the Proffer Statement could be used to address some of the comments identified. Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. The application proffers 12,000 square feet of unlimited commercial land uses. The TIA models a 3,500 square foot fast food restaurant with drive through. This discrepancy should be considered when evaluating the impacts of this request and the proffer statement. This proffer statement provides for a 12,000 square foot commercial development. The monetary contributions aimed to offset the impact of development should be carefully evaluated to ensure they are relative to the proposed development. The proffer statement must be signed by the owner/owners of the property. Once again; please ensure that all review agency comments are adequately addressed. Attaclunents MTR/bad 0 0 VIA FACSIMILE (540-665-0493) AND FIRST-CLASS MAIL Mr. Patrick Sowers raiiun riuiris iTtust & Assoizia es 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: November 24, 2008 rwillia@co.frederick.va.us Re: Burns Property — Proposed Proffer Statement dated September 4, 2008 Dear Patrick: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Proffer 1.1 —Staff should be aware that the TIA accompanying the proposed Proffer Statement assumes development of the site "to include a 3,500 square foot fast-food restaurant with drive-thru", (TIA, p. 1), but that the Proffer only excludes development of the site with building floor area exceeding 12,000 square feet. Proffer 1.3 — The Proffer does not indicate when the inter -parcel connector for access to and from the area located west of the subject properties will be provided. The area located west or the subject properties is currently zoned Pam[ ; `vvvuiil 1i;t�-Y%:Ic- 1 aCGEis be provided to the adjacent property(ies) as currently zoned RP or would inter -parcel access only occur on rezoning of the adjacent property(ies)? Proffer 1.4 — The Proffer provides for the design and construction of an additional lane for Valley Mill Road across the frontage of the subject properties (the word "Property" in the second line of the Proffer is misspelled and this should be corrected), but does not provide for the dedication of any additional right-of-way. Staff should determine whether such construction is feasible given the current width of the right-of-way. 9 The second and third pages of the proposed Proffer Statement contain a header that reads "Walgreens -- Dairy Coiner Place". The header should be changed to refer to the correct rezoning. 107 North Kent Street ® Winchester, Virginia 22601 0 Patton Harris Rust & Associates 16 November 2009 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 L RE: Burns Property - Valley Mill Road Rezoning Application; Revised Proffer Statement- 11/16/09 P A Dear Mike, Please find attached an executed version of a revised proffer statement dated November 16, 2009 for the Burns Property - Valley Mill Road rezoning application. The revisions to the proffer statement since the application was presented to the V.&'-: OFFICES Planning Commmission on October 7, 2009 are as follows: 1. All Valley Mill Road improvements provided by the approved Walgreens- "`"' Dairy Corner Place rezoning application located adjacent to the Bums Property must be completed prior to issuance of a Certificate of Occupancy for any structure on the Burns Property. These improvements includes the turn lanes for Valley Mill Road at the Route 7 intersection and ensures that Valley Mill Road will accommodate any traffic generated by the site. 2. Per the connnnitment made at the October 21 Planning Commission meeting, the proffer statement now includes a trail across the Property frontage with - Valley All Road. This will extend the trail proffered by the adjacent Walgreens site. ?A:.:,L:.,:o OFFICES 3. Per the connnutment made at the October- 21 Planning Commission meeting, the proffer statement also includes a sidewalls along the Property frontage with _ • ���� Valley Mill Road. 4. In keeping with our discussions regarding the unclear ownership of existing Martin Drive, we have revised the proffer statement to utilize the interparcel connection to the Walgreens site as the primary means of access to the Property. Access to Martin drive would only be permitted tinder two rl scenarios: (1) When Martin Drive is accepted by Frederick County for public PErr. st:.;r,v, OFFICE road purposes, or (2) At such time that all properties along Martin Drive are zoned for commercial uses. Under either scenario, the location of the 1 entrance, the improvements to Martin Drive and Valley NO Road, and the right of way necessary to make the connection would be subject to Frederick County and VDOT approval. We feel this approach ensures that, should the `, clrcunnstances allow the Martin Drive connection to occur, the connection and associated improvements are completed to the satisfaction of the County and v y VDOT. 0 • 5. To help ensure the proffered off site sidewallc across the frontage of Dowell J Howard is constricted in a timely fashion, the proffer statement has been revised to require the 10' right of way dedication necessary for the constriction of the sidewallc to be dedicated by Frederick County Schools within 180 days of the Date of Final Rezoning. This approach also ensures that the Applicant would be able to construct the sidewallc prior to issuance of a Certificate of Occupancy per the proffer statement. 6. The Generalized Development Plan has been revised in accordance with the revised Proffer Statement. If you have any questions or would like to discuss further, please feel free to call me at PRA (540) 667-2139. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R Sowers, AICP Enclosure Patton Harris *t & Associates Engineers. Surveyors. Planners. tondscope Architects. • 11 September 2009 Mr. Michael Ruddy Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Burns Property — Valley Mill Road Rezoning Application; Response to Comments L Dear Mike, To accompany the application submission for the Burns Property — Valley Mill COx.o.ArE: Road rezoning, I have provided below a response to all comments made by review Chantilly agencies. Our responses are as follows: VIFGINIA OFFICES: Chantilly Plyzzzzz zT 7z1dDeze10Pznent. (Mike Ijrcldy, AICP) Chcdottesville Fredericaaburg 1. The property is located in the general area covered by the Route 7 Con dor Plan. The Horrisonbufq properly is nlithin the UDA and SW A and is generally designated in an area of ro commercial land use. The business corizdor expectations of the Comprehensive Plan shoo ld (Jewporl t�ev�s Ne%vp be recognised, even though this site does not have visibility on Route 7, and should be applied t,Iorlol4 %Ninchester along Va/ly Mill Road dbr, \'doodbndge The proposed B2 rezoning is In accordance with the business corridor IAF.o s: Chantilly expectation. Fredericksburg 2. Particular effort should be made to provide for enhanced design of the project to facilitate tliAZYIAND OFFICES: improved corridor appearance along Vally Mill Road Landscaping, lighting, and building Ealnmore Columbia layout and form should be cQrzfirlly planted to ensure that this is achieved. An approach Frederica: via inchrde locating buildings Orr the property to the front of the site, Valley Mill Road, and Germontown IUnrting the amount of parking in f Ont of the buildings in favor- of providing more parking Hollywood internal to the site. Hunt Volley VVllliamsport The Applicant has proffered street trees along the Valley Mill Road frontage o PENNSYIVANIA OFFICE: the Property. As an end user has yet to be identified and the site is limited in Allentown sue, the Applicant has not proffered a layout plan but has instead proffered a T 540.667.2139 materials design palette to ensure that any building constructed on the F 540.665.0493 Property will be aesthetically pleasing. 117 East Piccadilly Street Suite 200 Winchester, VA 22601 1 �t SEP 1 1 2009 i t 1 ` t Mr. Patrick Sowers November 24, 2008 Page 2 By way of a general observation, staff should be aware that the TIA indicates that there are no "planned" background developments located in the vicinity of the subject properties. (TIA, p. 7.) Staff will need to ascertain the accuracy of this assumption. The County's GIS mapping shows a VDOT right-of-way, which appears to be of approximately 20 feet in width, bisecting tax map parcel 54-A-112Q, one of the properties that is the subject of the proposed rezoning. This right-of-way is tax map parcel 54-A-112B in the County's records. The status of this right-of-way may need to be resolved in conjunction with the proposed rezoning. ® Item 7 of the proposed Rezoning Application needs to include tax map parcels 54F-A-30 and 54F-3-Al as adjoiners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Michael T. Ruddy, AICP, Deputy Director, Department of Planning and Development • 3. Address the buffer and screening of adjacent residential properties including those across Madill Drive. A sensitive approach to this that is tailored and Guilds tpon the County s culrenl requirements may be ;varranted. We feel the proffered building design materials ensure that the building will not have detrimental impacts to the neighboring properties. Additionally, the Frederick County Zoning Ordinance will require a nnulimum 50 foot buffer between the Property and the residential lot located to the north. 4. This applicati-on proposes a lane Improvement to Vally Mill Road but no improvements to Martin Drive, and noparticipation 111 recognition of the impacts to the overall lransporlation netivolk. In particular, the T IA modeled intersection of Valley Mill Roadll-81 /Route 7. The revised proffer statement provides for the widening of Martin Drive. Additionally, the revised proffer statement provides for widenug of Valley NO Road across the Property frontage necessary to provide a left turn lane on Valley Mill Road to access Dowell J Circle. Improvements to Valley Mill Road at the intersection with Route 7 necessary to accorrunodate background traffic and traffic generated by the site will be implemented as part of the recently approved rezoning application for the adjacent Walgreens parcel. 5. The long range transportation planning eflorls in this area foetus attention on a relocated connection of Valle Mill Road with Route 7 at Gely Lane. The proposed rezoning would not impact the ability to implement the long range transportation plan for Valley Mill Road and Getty Lane. The proposed transportation proffers aim at addressing the impacts of the subject 1.26 acre rezoning. 6. This application should recognitie the long range transportation planning fforts in this area, and should focus on /he entrance to Marlin Drive, Vally Mill Road, and an enhanced interparcel connection to the adjacent properlies, and polentialjh back down to Route 7 via 111artirr Drive. More detail should be provided regarding Marlin Drive and its intersection ;Pith Valley Mill Road Marlin Drive is an existing State Road that does not meet current street standards. Consideration should be given to improving Marlin; Drive to a public street standard that meels all current standards. The revised proffer statement improves the Valley Mill Road frontage of the Property while proposing no direct access to Valley Mill Road. The proffer statement also provides for the improvement of existing Martin Drive to State standards. Additionally, the proposed entrance on Martin Drive has been located as far- away from the Valley Mill Road intersection as possible to ensure no conflicts between vehicles entering/exiting the site and traffic on Martin Drive. Lastly, the interparcel connection proposed for the Property will allow access to and from the adjacent Walgreens parcel and the future connector 0 0 road from Valley Mill to Martin Drive/Route 7 planned as part of the adjacent parcel. 7. In general, this Application fails to provide for ary substantial transportation improvements and does not address the transportation impacts associated with this request. We feel the revised proffer statement adequately mitigates the transportation h the rezoning. Improvements to Valley Mill Road and impacts associated wit Martin Drive will provide for a safer traffic system for existing traffic as well. 8. Staff had previously commented in our review of the adjacent properties' request that the —� application is encouraged to think b9rond just providing a simple connection to the adjacent L parking lot. The adjacent propel y, current# under review for a re -Zoning, should be considered in relationship to this one for the purpose of access and improvements to Martin Drive, including a potential internal connection back down to Route 7. The adjacent rezoning was approved with an internal connection back down to Route 7 and the proposed interparcel connection aligns with the planned connection for the adjacent property. 9. It is evident that this project would fitriher deteriorate the level of service at the existing intersections in the viciniy of the site, most specifically the intersection of Route 7 with I-81 and Valley Mill Road The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. Background traffic alone requires the same improvements at the intersection of Route 7/Valley Mill Road/I-81 ramps. The improvements to Valley Mill Road will be accommodated by development of the adjacent property. The Applicant has focused on improvements to Valley Mill Road and Martin Drive across the Property frontage. The Valley Mill Road improvements include the addition of a left turn lane that will provide a safer movement for vehicles that turn onto Dowell J Circle. The Applicant has focused the transportation proffers on Martin Drive and Valley Mill Road as these are the two most impacted roadways. For reference, vehicle trips generated by the rezoning on Route 7 represent just 0.4% of the total build -out traffic. 3 0 • road from Valley Mill to Martin Drive/Route 7 planned as part of the adjacent parcel. 7. In general, this Application fails to provide for airy substantial transportation improvements and does not address the transportation impacts associated with this request. We feel the revised proffer statement adequately mitigates the transportation impacts associated with the rezoning. Improvements to Valley Mill Road and Martin Drive will provide for a safer traffic system for existing traffic as well. + 8. Staff had previously commented in our review of the adjacent properties' request that the application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currenty under revtery for a rezoning, should be considered in relationship to this one for the purpose of access and irrrprovements to Martin Drive, including a potential internal connection back down to Route 7. The adjacent rezoning was approved with an internal connection back down to Route 7 and the proposed interparcel connection aligns with the planned connection for the adjacent property. P. It is evident that this project would f trther deteriorate the level of service at the existing intersections in the vicinity of the site, most specifically the intersection of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersection.. Please understand that all acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. Background traffic alone requires the same improvements at the intersection of Route 7/Valley Mill Road/I-81 ramps. The improvements to Valley Mill Road will be accommodated by development of the adjacent property. The Applicant has focused on improvements to Valley Mill Road and Martin Drive across the Property frontage. The Valley Mill Road improvements include the addition of a left turn lane that will provide a safer movement for vehicles that turn onto Dowell J Circle. The Applicant has focused the transportation proffers on Martin Drive and Valley NO Road as these are the two most impacted roadways. For reference, vehicle trips generated by the rezoning on Route 7 represent just 0.4% of the total build -out traffic. 3 0 10. Based upon the above scenario, the T7A describes improrlenrenls that are necessary to achieve an acceptable level of sertnce. None of these illrprovemen/s ujill be in place orguai-aweed to be provided prior to development of this silo. Plans for improvements to Valley Mill Road associated with the adjacent Property are proceeding currently. Background traffic analysis indicates that the improvements required for Route 7 and the I-81 off ramp are not created by the proposed rezoning. As traffic generated by the rezoning would be only 0.4% of the build -out traffic on Route 7 and only 1.2% of the tnps on the 1-81 off ramp, we feel the proffer package mitigates the impacts of the rezoning. _- P A 11. Pedestrian accomnrodalions should be provided in a coordinated manner internal to the project, io aril along i / alley Mill Road, arid Al ar lin Drive. The revised proffer statement provides for the construction of an off -site sidewallc across the full property frontage of the Dowell J I Joward property located across Valley Mill Road. This off site sidewallc will connect from Dowell J Circle to the existing sidewallc located along the south side of Valley Mill as depicted on the GDP. 12. On recent retionrrrgs, other projecls have conlribuled additional funding for lran.rborlaliorr i.inprorlemerrts rir the gerrer'al area of Their requests. This has been done in recognition of the need to address the broader InrrrVlorlaliolr improvements in the developing areas of the County in addition to the ipecif c impr ovenrenls thq, mq), be proposing. Such an approach should be considered rvilh Ihis request r elalive to the scale of this request. The Applicant has chosen to focus on built improvements in place of a monetary contribution. VDOT has approved this approach for the proposed rezoning. 13. A Generalr:�,ed Dweloplllerrl Plarr has wl been provided rralh lhrs applicalim. A GDP acconrparying The Proffer Stcrlevmd could be used to address some of the conrnlerrts idertlifred. A detailed GDP has been provided with the revised Proffer Statement. 14. Arry proffered limitaliorrs should be directly related to the anal provided in doe impart analysis, in parlicnlar, The TIA. The revised proffer statement limits development to the maximum trip count that was studied as part of the TIA. By proffer, no site plan could be approved for the Property if the use exceeds the maximum trip count of 1,516. 4 E 0 15. The application proffers 12,000 square feet of unlimited commercial land uses. The TIA models a 3,500 square foot fast. food restaurant with dizve through. This discrepant' should be considered when evaluating the impacts of this request and the proffer statement.. As stated vi the response to comment 14 above, development of the property is limited to a maximum trip count. This ensures that the property is developed in conformance with the TIA and allows flexibility in square footage should a low traffic generating user such as office choose to locate on the site. 16. The proffer statement provides for a 12,000 square foot commercial development. The monetary conhzbutions aimed to offset the impact of development should be care/ulyevaluated PH to ensure they are r elalim to the proposed development.. The proposed monetary proffers for sheriffs office and fire and safety purposes of $1,000/each are in keeping with the recently approved rezoning for the adjacent property which was more than 3 times larger than this proposed rezoning. It is important to note that the rezoning itself would create a positive fiscal impact from tax revenues associated with the commercial use of the Property. 17. The proffer statenrent mz<st. be signed by the owner/owners of the propeq)). A notarized signature has been provided on the proffer statement by the property owner. 18. Once again, please ensure that all review agent' comments are adequately addressed.. Acknowledged. Virgizzl;zp Cpazt>zzezzt o T>alzsportatw y (Lloyd Ingram) 1. VDOT is satisfied that the trampoi ration proffers offered in the Burns Property — Valley Mill Road Re �oizing Application dated August. 18, 200P address transportation concerns associated with this request. Acknowledged. I�zzchesterRegiorz�tlflizort (Serena K Manuel) On behalf of the Winchester Regional Airport, we have reviewed the referenced rezoning proposal and determined that the proposal will not impact operations at the WinchesterAirport. Acknowledged. I 0 • 15. The application proffers 12,000 square feet of unlimited commercial land uses. The TIA models a 3,500 square foot fast food restaurant with dizve through. This discrepancy should be considered when evaluating the impacts of this request and the proffer statement.. As stated in the response to comment 14 above, development of the property is limited to a maximum trip count. This ensures that the property is developed in conformance with the TIA and allows flexibility in square footage should a low traffic generating user such as office choose to locate on the site. 16. The proffer statement provides for a 12,000 square foot commercial development. The 41 "+ monetary contributions armed to offset the impact of development should be carefully evaluated A 1l to ensure they are relalive to the proposed development.. The proposed monetary proffers for sheriffs office and fire and safety purposes of $1,000/each are in keeping VAth the recently approved rezoning for the adjacent property which was more than 3 times larger than this proposed rezoning. It is important to note that the rezoning itself would create a positive fiscal impact from tax revenues associated with the commercial use of the Property. 17. The proffer statement must be signed by the owner/owners of the properly. A notarized signature has been provided on the proffer statement by the property owner. 18. Once again, please ensure that all review agency comments are adequately addressed.. Acknowledged. Tfrpz� izirr De artme>zl of mysp (I loyd Ingram) VDOT is satisfied that the transportation proffers offered ' the Burns Properly — Valley Mill Road Retionnrg Application dated Au gusl 18, 200P address transportation concerns associated with this request. Acknowledged. I /zncl esterRe�zo>ra1,41� ort (Serena R Manuel) On behalf of the ]Vincbesler Regional Airport, we have reviewed the referenced rezoning proposal and determined that the proposal will not impact operations at the Winchester Airport. Acknowledged. 0 Hlz to.jzc Resolt>res mber Polvers) Upon levier, of the proposed rezoning, it appears that the proposal does not significantly impact hislo7Tc�,7essonrces and It is not necessa y to schedule a formal re111eY, of the rezoning application by the HRAB. According io the Rural L—andmarks Surveil, there are no si ifca111 bi o7Zc strictures located on the property nor are More ary possible historiC dislricts in the vicinity. It ;vas also noled that 7vhile the National Park Service Study of the Civil Afar Sites in the Shenandoah Vall> does iderrt y core battlefield lvilhin this area, the .rile S existllTg condZt1011 ZJ such that there is little remaining vable to ai), presematzon fforl.. PR+ /� Acknowledged. T �! Q� F>ede>zek (Roderick Williams) Proffer 1.1 — Staff should be anlare that the TI/1 accompai)ling the proposed Proffer Statement assumes development of the sile "to include a 3,500 square foot fast-food restaurant ivilh d171/e-lh171 biit that the Proffer only excludes development of the site lvilh building floor area exceeding 12,000 square feet.. The proffer statement has been revised to limit development to a maximum of 1,516 vehicle trips as modeled in the TIA for a 3,500 square foot fast-food restaurant. 2. Proffer 1.3 — The Proffer does nol indicate lvhen the inter j)arcel connector far access to and from the area located rvesl of the subject properties lnill be pmvided The area located rest of the subject properties is currenlyl Zoned RP; would inteiV)arcel access be provided to the adjacent praperly(ies) as currently Zoned RP or lvould inter parcel access onl), occur oil rezoning of the adjacent properoVes)? The utter -parcel connection would be provided prior to issuance of certificate of occupancy for any building constructed on the Property. Rezoning of the adjacent properties for B2 uses was approved by Frederick County on August 12, 2009 as RZ 03-09. 3. Proffer 1.4 — The Proffer provides for the design and construction of an additional lane for Valle Mil! Road across the frontage of the subject properties (the Nord Troperty" 1*11 the second line of the Proffer is wisipelled and this should be corrected), but does nol provide for the dedication oj' ai), additional right of n1ay. Staff should determine n)hether such C011J1171Ctlon ZJ fcasiblegiven the Current width of the right of lvay. Per revised proffer 1.5, any needed right of way would be determined at time of site plan and dedicated by the Applicant. 0 0 4. The second and third pages of the proposed Proffer Statement contain a header that reads 'Walgreens — Dairy Corner Place" The header should be changed to refer the correct re -Zoning. Addressed by revised proffer statement. S. By way of a general obsen,,ation, staff should be aware that the TM indicates that there are no `planned" background developments located in the vicinity of the subject propedies (TIA, p. 7) Staff will need to ascertain the accuracy of this assumption. + The TIA was prepared in accordance with the scoping session held with VDOT. A growth rate was applied to existing traffic to determine background PH traffic volumes. 6. The County GIS mapping Tows a VDOT right. -of -way, Which appears to be of approximately 20 feet in width, bisecting tax map parcel 54 A-112Q, one of the properties that is floe subject of the proposed retioning. This right-of-way is tax map parcel 54 A- 112B in the County s records. The status of this right-of-way nzay need to be resolved in cozyunction with the proposed re.Zoning. A survey performed by PI- R+A depicts the boundaries for the three parcels totaling 1.26 acres. There is no 20 foot right of way encumbering parcel 54-A 112Q, only a sewer easement. 7. Item 7 of the proposed Ke5,,orring Application needs to include tax map porcels 54FA-30 and 54F-3 Al as adjoiners. These adjoiners have been added to the application. Frederick Coal>lty Denpa' went ofPrtblzc marks (Harney E. Strawszyder, jr, P.E.) 1. Refer to Impact Analysis, page 1: Expand the discussion to include the disposition of the three (3) single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos iMpections pr7zor to receipt of demolition permits. The impact statement has been revised accordingly. 2. Refer to Access and Transportation, page 1: Expand the discussion to in the izzterparcel connection referenced in the Valg ven's rezoning application. Also, discuss the impact on Madin Drive and the need for z pgrades if this road is used for ingressl egress. The impact statement has been revised accordingly. 7 0 0 4. The second and thud pages of the proposed Proffer Statement contain a header that reads 'Wlalgreens — Dairy Corner Place". The header shonld be changed to refer the correct rezoning. - — --- Addressed by revised proffer statement. 5. By rvay of a general observation, staff should be aware that the TIA indicates that there are no `planned" bac,Cgronnd developments located in the vicinity of the subject properties (TM, p. 7) Staff will need to ascertain the accuracy of this assrtrnption. n The TIA was prepared in accordance with the scoping session held with PHR++ �- VDOT. A growth rate was applied to existing traffic to determine background traffic volumes. 6. The Courrty's GIS mapping shoius a T/DOT rigl�t-of-rvay, which appears to be of appro�znlately 20 feet in �radth, bisecting tax map parcel 54A-112Q, orre of the properties that is the subject of the proposed re..ZonZng. T/JZJ 7Zg/7t-of-zvay is tax map parcel 54 A- 112B in the County's records. The stains of this rzght-of-rvay may need to be resolved in conjunction with the proposed rezoning. A survey performed by PI R+A depicts the boundaries for the three parcels totaling 1.26 acres. There is no 20 foot night of way encumbering parcel 54-A 112Q, only a sewer easement. 7. Item 7 of the proposed Rezoning Application needs to include tax map parcels 54FA-30 and 54F-3 Al as adjoiners. These adjoiners have been added to the application. Frederick Corr�l1j,pfpaj1me,,ztofP�rllzc T�/oaks (Harvey E. Strawsryder, Jr., P.E.) 1. Refer to Impact Analysis, page 1: Eapand the discrrssiorr to lie it the disposition of the three (3) single family dwellings. The dwellings appear to have been constructed prior to 1978 and will re9nire asbestos inspections prior to receipt of demolition permits. The impact statement has been revised accordingly. 2. Refer to Access and Trarrsporlation, page 1: Expand the duclfsslon to include the interparcel connection referenced in the ld!algreen's re.Zoning application. Also, discuss the impact on Martin Drive and the need for ry�grades if this road is used for ingress/egress. The impact statement has been revised accordingly. V] 3. Sewage CorrvJarrce and IT%ate; Supp/y, page 2: It appears that the existing d2vellings are served bj, public ;pater. However, the existenre of public server- along Martin Drive is questionable. Ver ' n,,ilh specific references to existing server lines that public server service is available nvilh the retioning boundaries. A field survey conducted by PHR+A located the 8" sewer line that is located within Martin Drive adjacent to the Property. This sewer line gravity feeds north beUad the 220 Seafood Restaurant where it connects with the Abrams Creek Interceptor. 4. Stone Drainage: Add a section to disc;;.;.; stonr7rvaler nzanagemeni. TVe recommend that j consideration be given to a regional faczli�, that ;)ill serve the Burns Property as nmll as the 1 1 Valgr een's .rile. —file impact statement has been revised accordu-igly. S. Refer to the Proffer- Statement, Site Development, paragraph 1.2: Lapand the reference to the one entrance on Martin Drive to include required improvements to rpgrade Marlin Drive to accommodate the Virginia Department of Tian.porlation's requirements. Proffer 1.9 of the revised Proffer Statement addresses tlus comment. F>ede�zck Co6�>at�rFi>ejlrr 3-1alQ ffiey Neal) Plan approwl recommended. Acknowledged. F�edenz -k (gohn Ehilacre) Server and ld%aler are available to this site. There is adequate server and muter capacity to serve this site. Acknowledged. Fiede>-rc� - TT/rncl>este>'fle�tlr� Deb>�r�/»1e>zt. As long as no wells or septic-gstenrs are impacted either on property or neighboring properties; no objections. Acknowledged. 0 Frederick Courzty Defr�zrt>rze>zt ofP�zrks �zrzdRecre�ttiorz (Matthew Hott) No comment_ Acknowledged. FrederickrzchesterSer�ice �4uthorzty Jesse Moffett) No Comments. Acknowle T dg ed. HRA Frederick Courztylrzsf>ections John Trenag) No comment required at this time. Comments shall be made at site plan submittal phase. Acknowledged. Frederick Cogx tyPyblzc Schools (Wayne Lee) Ve have reviewed the Burns Re -zoning application, and are concerned about the increase in traffic volume that this change of use will. generate. It is already dicult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that dculty. We see this issue being related more to tralc volume than to stacking at the Valley Milll Bergville Turnpike intersection. The Applicant is providing frontage improvements to Valley Mill Road to address traffic impacts of the development. Additionally, the interparcel connection to the Walgreens tract will allow for access to Valley Mill Road and Route 7 without sending traffic across the Dowell J. Howard Center entrance or exit. I hope that these responses aid in the review of the application by Frederick County Staff as well as the Planb-ung Commission and Board of Supervisors. If you have any questions or would like to discuss further, please feel free to call me at (540) 667-2139. Sincerely, PATTON HARRIS RUST Sc ,�5&OCIATES Patrick R Sowers, AICP 0 • Fiede7khe Corr 01De art>ne>at ofP��ls �t�zdRec�e�tron (latthew Hott) No comment. Acknowledged. Fiede,,zck ilchester Se> vice .4��th orzty (f esse Moffett) No C01117"Ients. PU+RAAcknowledged. Fredencl Q � i ji 7spech-22 Uohn Trenagq No comment regrtired at this time. Comments shall he made at site plan submittal phase. Acknowledged. Frederick Cou7ztyPrsblic Schools (Mayne Lee) Ve have reviewed the Bunn Rezoning application, and are concenred about the increase in traffic volume that this change of use will generate. It is already di icult for school buses to turn left out of the Dowell J. I-1orvard Center, and rve expect that this commerrral rrse, with an entrance onto Marlin Drive, will increase that difficulty. We see this issue being related more to traffic volume than to stacking at the Valley Milll Bergville Turnpike intersection. The Applicant is providing frontage improvements to Valley Mill Road to address traffic impacts of the development. Additionally, the interparcel connection to the Walgreens tract will allow for access to Valley Mill Road and Route 7 without sending traffic across the Dowell J. Howard Center entrance or exit. I hope that these responses aid u-1 the review of the application by Frederick County Staff as well as the Planning Commission and Board of Supervisors. If di further, please feel free to call me you have any questions or would like to d at (540) 667-2139. Sincerely, PATTON HARRIS RUST 8c OOCIATES Patrick R- Sowers, AICP �Fredeqick County PublP Schools O... to ensure all students an excellent education K. Wayne Lee, Jr. CZA . Coordinator of Planning and Development • leew@frederick.M.vams March 19, 2010 Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Bul•tis Property Rezoning (RZ-07-09) Dear Mike, At their meeting on Tuesday, March 16, 2010, the School Board approved a boundary line adjustment to provide an additional 10 foot of right-of-way for Valley Mill Road across the entire frontage of the Dowell J. Howard Center. The additional right of way is intended to contain a sidewalk to be installed by David and Svetlana Burns, the developers of the property across Valley Mill Road. It is the School Board's understanding that dedication of the additional right-of-way and construction of the sidewalk will be done at the Burns' cost and at no cost to the public. The School Board is willing to provide additional right-of-way because development of the area is a benefit to Frederick County, providing needed transportation Improvements, improved neighborhood walkability, and an increased tax base. The property owners should be aware that the School Board, through its Buildings and Grounds Committee, will need to review and approve the plat and deed of dedication and any associated details. If you have any questions or comments, you can contact me at leew@frederlck.kI2.va.Lis or 540-662-3889 x88249. Sincerely, �,�j JC�L K. Wayne Lee, Jr., CZA Coordinator of Planning and Development Cc: Mr. Al Orndorff, Assistant Superintendent for Administration Mr. Patrick Sowers, PI-iR&A 1415 Amherst Street P.O. Box 3508 Winchester, Virginia 22604-2546 vnwr, f re d e ri c k. k 12. v a. u s 1,AR222010 i 540-662-3889 Ext. 88249 540-662-4237 fax ° k Count PubSchools �Frec�ri c y ?% O... to ensure all students an excellent education I A N 2 7 2010 K. Wayne Lee, Jr. CZA . Coordinator of Planning and Development . leew@frederick.k12.va.us January 26, 2010 --- -� Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Burns Property Rezoning (RZ-07-09) Dear Mike, Thank you for the opportunity to speak on the Burns property rezoning at the Board of Supervisors sleeting two weeks ago. I'd like to convey to you some additional thoughts on the subject from the School Board. Even though they have expressed some doubts about dedicating a strip of land in fl-ost of the Dowell J. Howard Center for a sidewalk (because of the unexpectedly wide right-of-way there), the School Board is not opposed to this rezoning. They view development of the area as a benefit to Frederick County, providing transportation improvements, better access to goods and services, improved neighborhood walkability, and an increased tax base. I-lowever, there are a couple of issues the School Board considers important: Having sidewalk in front of the school will mean extra snow and ice clearing work for the Dowell J staff, taking both tinge and money that could be used for other purposes. The additional traffic to and front the business(es) located on the Burns property would slake more difficult the sloveslent of buses left out of the school, even with the proposed improvements to Valley Mill Road. While addressing this issue at the moment is problematical, the eventual relocation of the Valley Mill Road/Route 7 intersection as shown in the Eastern Road Plan will do so in 15 or 20 years. Please be aware that before the Buildings and Grounds Conlnliace can comment on any deed or easement for a sidewalk, they would need to see the document and details. If you have any questions or comments, you can contact sle at leew@frederick.k I2.va.us or 540-662-3888 x88249. Sincerely, K. Wayne L Jr., CZA Coordinator of Planning and Development Cc: Mrs. Patricia "Naylor, Superintendent of' Schools Mr. At OrndorfL, Assistant Superintendent for Administration Mr. Patrick Sowers. PI IR&A \qr. Ron Nlislowski, PI-IR&A 1415 Amherst Street vrrnv.frederick.k12.va.us 540-662-3889 Ext. 88249 P.O. Box 3508 540.662-4237 fax Winchester, Virginia 22604-2546 0 4 Patrick R. Sowers Wr rom: Ingram, Lloyd[Lloyd.ingram@VDOT.virginia.gov] ent: Friday, September 04, 2009 7:50 AM To: Patrick R. Sowers Cc: John.Bishop; Ingram, Lloyd Subject: Burns Property - Valley Mill Road The documentation within the application to rezone this property appears to have a measurable impact on Route 659. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Burns Property - Valley Mill Road Rezoning Application dated August 18, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 dft-hone ff(540) 984-5611 r'ax 11f(540) 984-5607 • 1 From:LIFESAFE 10/15/2008 16:09 9 0 #431 P.002/002 i VIRGIlT$. { Control number Dale received RZ08-00 i 3 10/10/2008 Project Name Burns Property Address City 117 E Piccadilly St., Suite 200 Winchester Type Application Tax ID Number Rezoning 54-A-1120,eic Current Zoning Date reviewed Date Revised 10/15/2008 Applicant Patton Harris Rust & Associates State Zip Applicant Phone VA 22.601 540-667-2139 Fire District Rescue District 18 18 RP Recommendations Automatic Sprinkler System Automatic Fire Alarm System No No Other recommendation • Emergency Vehicle Access Hydrant Location Not Identified Not Identified Siamese Location Roadway/Aisleway Width Not Identified Not Identified Emergency Vehicle Access Comments 0 Access Comments Additional Comments Election District Red Bud Residential Sprinkler System No Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature Yes J. Neal Title j{S,S�• �/Y October 27, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 RE: Rezoning Application for the Burns Property — Intersection of Valley Mill Road and Martin Drive, Red Bud Magisterial District Frederick County, Virginia Dear Mr. Sowers: • We have completed our review of the rezoning application for the Burns Property and offer the following comments: 1. Refer to Impact Analysis, page 1: Expand the cliscussion to include the disposition of the three (3) single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the cliscussion to include the inter - parcel connection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress/egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storm Drainage: Acid a section to discuss storniwater management. We recommend that consideration be given to a regional facility that will serve the Burns property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference • to the one entrance on Martin Drive to include requirecl improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. 107 North Kent Street - Winchester, Virginia 22601-5000 BuI'IIs Property RezoI 9 Comments • Page 2 October 27, 2008 • I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Iq �d Harvey E. Strawsnyder, Jr., P.E. Director of Public Works I-IES/rls cc: Planning and Development file T:\rsargcnt\RhondaCI'EilIPCONIilIENTS\IIUR\SPRO I'VALLENINIILIAMINIAIt'll NIMItEIZCONIAoc • • • Rezoning Comments Burns Property Frederick County Department of Inspections Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540)665-5650 Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4`h Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located at the northwest comer of the intersection of Valley Mill Road and Martin r)rivP Current Zoning: RP Zoning Requested: B2 Acreage: 1.26 Department of Inspections Comments: \ _ �n FREDERICK COUNTY UOU WORK & INSPECTIONS Inspections Signature & Date: Notice to Dept. of �spections — Please Return is Form to the Applicant 10 C� • U 0 Rezoning Comments Burns Property Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Boa 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authori Attn: Engineer 315 Tasker Road Stephens City, VA pllc cc �J ' OCT 1 0 200,� _- FGSA Applicant: Please fill out the inf6rination as accurately as.possibld ia,order to assist the Sanitation Authority with their review. Attach a copy of .y )ur ;application .form, location map, .proffer statement, impact analysis, and any other pertinent information. Applicant's Name Mailing Address: Location of Property: Patton Harris Rust & Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667.2139 The Property is located at the northwest corner of the intersection of Valley Mill Road and Martin Drive. Current Zoning: RP Zoning Requested: B2 Acreage: 1.26 Sanitation Authority Comments: S,E1�Y,Ei� I/I/',C �� �;"'—�/� � 5 h"�> /mac=1/�-� r/; `.� /� ir�/%''� %a �' // r'�✓. -/-� Sanitation Authority Signature & Date: Notice to Sanitation Autllo, i�'/— Please Return This Form to the Applicant 14 9 • �.J 0 Rezoning Comments Burns Property Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Frcd-Winc Service Authority. OCT 1 0 2008 Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, --pact analysis, and any other pertinent information., . Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located at the northwest corner of the intersection of Valley Mill Road and Martin Current Zoning RP Zoning Requested: B2 Acreage: 1.26 Fred -Winchester Service Authority's Comments: FWSA Signature & Date: Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant 18 C� 0 0 0 Rezoning Comments Burns Property Frederick— Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant: Please fill out the information as accurately as. possible in order to assist the Frederick - Winchester Health Departlnent with their review. Attach a copy of your application form; location map, proffer statement, impact analysis, and, any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located at the northwest corner of the intersection of Valley Mill Road and Martin Drive. Current Zoning: RP Zoning Requested: B2 Acreage: 1.26 Frederick — Wincllest r Heal ll Department's Comments: 3 * S A'o or n rLd 'k "-s YO r) b i ��-hr►� s Health Signature & Date: kl� 0 _� O Notice to Health Department — Please Return This Form to the Applicant RECEIVED OCT 10 2000 IN • 0 n U • LJ Rezoning Comments Burns Property Frederick County Department of Parlcs & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5675 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2" d Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately -as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick SoNvers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located at the northwest corner of the intersection of Valley Mill Road and Martin Tlri vc-. Current Zoning RP Zoning Requested: B2 Acreage: 1.26 Dept. of Parks & Recreation Comments: �7 NO C014MENT Parks Signature & Date: Notice to Dept. of Parlcs & Recreation — Please Return This Form to the Applicant 12 • October 14, 2008 Patrick Sowers Patton Harris Rust & Associates I I7 E. Piccadilly Streets, 11uitc 200 Winchester, Virginia 22601 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RC: Request for Historic Resources Advisory Board (HRAB) Comments Burns (Walgreens) Property: PINS # 54-A-112Q, 54-A-1121), and 54-A-112P Dear Mr. Sowers: Upon review of the proposed rezoning, it appears that the proposal does not significantly • impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that while the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Amber Powers Planner I ALP/bled I� U 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 • • • Rezoning Comments Burns Property Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please fill out'the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy;. of your application form, location .map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located at the northwest corner of the intersection of Valley Mill Road and Martin nrive Current Zoning RP Zoning Requested: B2 Acreage: 1.26 Winchester Regional Airports Comments Winchester Regional Airport Signature & DaQ�'� � �� i a l04 Notice to Winchester Regional Airport — Please Return This Form to the Applicant 16 11 0 WINCHESTER REGIONAL AIRPORT El 491 AIRPORT ROAD SERVING THE TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 �THORIj� (540) 662 2422 October 22, 2008 Patrick R. Sowers Patton Harris Rust & Associates, pc 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Burns Property Redbud Magisterial District Dear Mr. Sowers: On behalf of the Winchester Regional Airport Authority, we have reviewed the referenced rezoning proposal and determined that the proposal will not impact • operations at the Winchester Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, SereIIa R. ManueI Executive Director 0 Patrick R. Sowers 0ubject: Walgreens and Burns Rezonings -----Original Message ----- From: Wayne Lee[mailto:Leew@frederick.kl2.va.usJ Sent: Thursday, November 06, 2008 10:38 AM To: Patrick R. Sowers Cc: Al Orndorff; Patricia Taylor Subject: RE: Walgreens and Burns Rezonings Patrick, Here is our comment for the Burns Rezoning: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville Turnpike intersection. Here is our comment for the Walgreens Rezoning: FCPS requests that the applicant revisit its Traffic Impact Assessment to assess how many drivers will adopt Valley Mill as their eastbound route to avoid rush hour traffic on Berryville Turnpike. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use will increase that difficulty. We do see that the Walgreens Generalized Development Plan contemplates an additional left turn lane from Valley Mill Road onto Berryville Turnpike, and think that ill be of benefit to us. However, we do not think it will ease the difficulty of left rns out of Dowell J. Howard Center. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville Turnpike intersection. We also see the proposed entrance on Dairy Corner Place, but think that this entrance will not completely offset the change in driver behavior we anticipate. Thank you for working with us and the opportunity to comment. Thanks. Wayne Kenneth Wayne Lee, Jr. CZA Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. 0. Box 3508 Winchester, VA 22604-2546 leew@frederick.kl2.va.us (office) 540-662-3889 x88249 (fax) 540-662-4237 (cell) 540-533-3745 (direct connect) 187*51*10627 • 1 • TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Patrick Sowers Michael T. Ruddy, AICP Deputy Director Initial Comments — Burns Rezoning Application December 11, 2008 The following points are offered regarding the Burns Commercial Rezoning Application. This is a request to rezone 1.26 acres from RA to B2 with Proffers. Please consider the comments as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input that has previously been provided on this request. Please ensure that these comments and all review agency comments are adequately addressed. Land Use. The property is located in the general area covered by the Route 7 Corridor Plan. The property is within the UDA and SWSA and is generally designated in an area of commercial land use. The business corridor expectations of the Comprehensive Plan should be recognized, even though this site does not have visibility on Route 7, and should be applied along Valley Mill Road. General. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. An approach may include locating the buildings on the property to the front of the site, Valley Mill Road, and limiting the amount of parking in front of the buildings in favor of providing more parking internal to the sight. Address the buffer and screening of adjacent residential properties including those across Martin Drive. A sensitive approach to this that is tailored and builds upon the County's current requirements may be warranted. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • Initial Comments — Burns Rezoning Application December 11, 2008 Page 2 Transportation. This application proposes a lane improvement to Valley Mill Road but no improvements to Martin Drive, and no participation in recognition of the impacts to the overall transportation network. In particular, the TIA modeled intersection of Valley Mill Road/I-81 /Route 7. The long range transportation planning efforts in this area focus attention on a relocated connection of Valley Mill Road with Route 7 at Getty Lane. This application should recognize the long range transportation planning efforts in this area, and should focus on the entrance to Martin Drive, Martin Drive, Valley Mill Road, and an enhanced interparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. More detail should be provided regarding Martin Drive and its intersection with Valley Mill Road. Martin Drive is an existing State Road that does not meet current street standards. Consideration should be given to improving Martin Drive to a public street standard that meets all current standards. In general, this Application fails to provide for any substantial transportation improvements and does not address the transportation impacts associated with this request. Staff had previously commented in our review of the adjacent properties' request that the application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Martin Drive, including a potential internal connection back down to Route 7. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site, most specifically the intersections of Route 7 with I-81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. Based upon the above scenario, the TIA describes improvements that are necessary to achieve an acceptable level of service. None of these improvements will be in place or . guaranteed to be provided prior to the development of this site. 0 • . Initial Comments — Burns Rezoning Application December 11, 2008 Page 3 Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Avenue, and Martin Drive. On recent rezonings, other projects have contributed additional fielding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request relative with the scale of this request. Proffer Statement. A Generalized Development Plan has not been provided with this application. A GDP accompanying the Proffer Statement could be used to address some of the comments identified. Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. • The application proffers 12,000 square feet of unlimited commercial land uses. The TIA models a 3,500 square foot fast food restaurant with drive through. This discrepancy should be considered when evaluating the impacts of this request and the proffer statement. This proffer statement provides for a 12,000 square foot commercial development. The monetary contributions aimed to offset the impact of development should be carefully evaluated to ensure they are relative to the proposed development. The proffer statement must be signed by the owner/owners of the property. Once again, please ensure that all review agency comments are adequately addressed. Attachments MTR/bad 9 n 0 VIA FACSIMILE (540-665-0493) AND FIRST-CLASS MAIL Mr. Patrick Sowers Paltoil fluids Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: November 24, 2008 rwi11ia@co.1'rederick.va.us Re: Burns Property -- Proposed Proffer Statement dated September 4, 2008 Dear Patrick: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: • Proffer 1.1 — Staff should be aware that the TIA accompanying the proposed Proffer Statement assumes development of the site "to include a 3,500 square foot fast-food restaurant with drive-thru", (TIA, p. 1), but that the Proffer only excludes development of the site with building floor area exceeding 12,000 square feet. Proffer 1.3 — The Proffer does not indicate when the inter -parcel connector for access to and from the area located west of the subject properties will be provided. The area located west of the subject properties is currently zoned RP; would ilAc -Parcel acceess be provided to the adjacent property(ies) as currently zoned RP or would inter -parcel access only occur on rezoning of the adjacent property(ies)? • Proffer 1.4 — The Proffer provides for the design and construction of an additional lane for Valley Mill Road across the frontage of the subject properties (the word "Property" in the second line of the Proffer is misspelled and this should be corrected), but does not provide for the dedication of any additional right-of-way. Staff should determine whether such construction is feasible given the current width of the right-of-way. • The second and third pages of the proposed Proffer Statement contain a header that reads "Walgreens -- Dairy Corner Place". The header should be changed to refer to the correct • rezoning. 107 North Kent Street • Winchester, Virginia 22601 0 • Mr. Patrick Sowers November 24, 2008 Page 2 • By way of a general observation, staff should be aware that the TIA indicates that there are no "planned" background developments located in the vicinity of the subject properties. (TIA, p. 7.) Staff will need to ascertain the accuracy of this assumption. The County's GIS mapping shows a VDOT right-of-way, which appears to be of approximately 20 feet in width, bisecting tax map parcel 54-A-112Q, one of the properties that is the subject of the proposed rezoning. This right-of-way is tax map parcel 54-A-112B in the County's records. The status of this right-of-way may need to be resolved in conjunction with the proposed rezoning. Item 7 of the proposed Rezoning Application needs to include tax map parcels 54F-A-30 and 54F-3-Al as adjoiners. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely, Roderick 2.Williarns • County Attorney cc: Michael T. Ruddy, AICP, Deputy Director, Department of Planning and Development 0 Patton Harri�Rusf & Associates • 11 September 2009 Mr. Michael Ruddy Frederick County Department of Plannuig and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Burns Property — Valley Mill Road Rezoning Application; Response to Comments PDear Mike, To accompany the application submission for the Burns Property — Valley Mill CC,;r0;,:FE Road rezoning, I have provided below a response to all comments made by review agencies. Our responses are as follows: v':c. •.:. OFrICES �l'(1111111 a1111 DeZV%0A'11e'111(Mike kudr /)" /1101) i ES OFFICES ..ir,r;st�r PENVSYLYArly. OFFICE r ,6? 2139 EcSt �IccEu!III, S�r.a.�t 1. The propel/)r it localed ill the geiielyd area r.'olvied (o)F lbe Ronk 7 Colii(1a' Pla». Tbc propel-�r is n)i/hill the UDA alit! Sll/S%1 tour/ i.r geiieradly de.rigualed I'll an area of c'olmllenial lane/ use. The bleEilless con -Nor e%pec'lalion.r of the Collipr'ebeil.rrUe I'/(oll should be r'ecogu * (/, el ,li lholigh INS sale does llol hal)e l)h-ibd/ly oil Roule 7, and should be applied oolong Vally 11dill Road The proposed B2 rezoning is in accordance with the business corridor expectation. 2. Prrr/hvr/m' e11�J/ .ibon/d be 1»ar/c /n rlrruir/c /o!' 11rIJrIIrCL'r( lle.rr n of the pr'rrjecl to iciklale iuop OPed cnliidor' appearance aloe, Valley !!dill Roar/, lautd wplug, ligblirrg, crud blrilding /rYoul gild %Jell should be cait irl/y plalriled to el.rare lbal lhiS is achlelvd. All approach nnrp luclar/e /or'rrliug builr/iugs on the properly to the fi'onl o1*1he .rile, Valley !Mill Road, alld /i»liling the runoilul o/'park:ilrg in /iron/ o/'lhe bilildiugs i i fnvr of pr'ouidiq rvrole park —I'll inleliral to the .File. The Applicant has proffered street trees along the Valley Mill Road frontage of the Property. As an end user has yet to be identified and the site is limited in size, the Applicant has not proffered a layout plan but has instead proffered a materials design palette to ensure that any building constricted on the Propery mill be aesthetically pleasing. 1 SEP 1 1 2009 1 E r • 3. ; Idd es.f the bit# r chid .cci-eelring o/' ar ljaceul Icsidelllial Propellies 1116/11l%IIrg !hose across Alarliu Dn'Pe. .,l seusilire appioacb !o /bi.r /bal i.r lailored alld buildr upon Ibe Coiw1 , s c111 i en! r el/uil emews Iu(r), be wan —wiled We feel the proffered building design materials ensure that the building will not have detrimental impacts to the neighboring properties. Additionally, the Frederick County Zoning Ordinance will require a minimum 50 foot buffer between the Property and the residential lot located to the north. 4. Tbi.c applicalim proposes a /run° ialproucluell! to 1 /(tile), Atli/l Road bill llo illlhlouelnellls !o lldarlill Driue, alld uo parlicipalim ill 1ecglliliou ol•lbe ivipac•!s !o lbe owl -all /1•all.irolllrlloil PJle/work. iu /1al•In•illrll; !be 77:,1 Irrodeled irrlerfec•lim nl. t%liy Allill Rolyd/I-sl /Route 7. The revised proffer statement provides for the widening of Martin Drive. Additionally, the revised proffer statement provides for widening of Valley NO Road across the Property frontage necessary to provide a left turn lane on Valley Mill Road to access Dowell J Circle. Improvements to Valley Mill Road at the intersection with Route 7 necessary to accommodate background traffic and traffic generated by the site will be implemented as part of the recently approved rezoning application for the adjacent Walgreens parcel. 5. The lout rwige 11au.1pollaliolr plclllrri/Ig c(lorl,r iu ibis area / ws a//elllloll olr a re%caled coullecliou ol* 1/alley lldill Road wilb Rome 7 al CeUy Mule. The proposed rezoning would not impact the ability to implement the long range transportation plan for Valley Mill Road and Getty Lane. The proposed transportation proffers aim at addressing the impacts of the subject 1.26 acre rezoning. G. rlpplicaliorl ,dlolllr/ lbe lo»g rallge 11n11.1pollalioll plalllrilrS ellbds ill this area, alyd ShOldrl locus Orl /be cu/rauce to Al ar ilr Drive, I /rdle), Mill Road, awl all ellllallced i.werprure/ couueclioll !o /be arljacerrl properties, and po/elr/ial� bac (. llolvu to Rollie 7 via !l ((olio Drivc. lion rlelcri/ .rbou/r/ be prouiried rc alziuD,gI' lelreclioll wilb i/allq, lldill Road. ;Madill 017,141, is all CXIs/Ulg Slale Road /ha/ does l/o/ Illeel clllrel!! .,•live! slaudards. Ciursidcl (trot(. llolllr/ be rivet( /o iluprolullg llllruliu D1i11e to a public slice! .rlalldrrrd /ba/ Iucc/s all cnrr lrl .ilrarrlrurlr. The revised proffer statement improves the Valley Mill Road frontage of the Property while proposing no direct access to Valley Mill Road. The proffer statement also provides for the improvement of existing Martin Drive to State standards. Additionally, the proposed entrance on Martin Drive has been located as far away from the Valley Mill Road iitersection as possible to ensure no conflicts between vehicles entering/exiting the site and traffic on Martin Drive. Lastly, the interparcel connection proposed for the Property will allow access to and from the adjacent Walgreens parcel and the future connector road from Valley 1\rlill to Martin Drive/Route 7 planned as part of the adjacent parcel. 7. Ill genel7r% /Ills z p1)bt'allon 1ai.r to provide fol' aqy subsialllial man.lpor'lallon 1Iliproi)elmnlr and does!lo/ !1r%//fees the 11'an,por////loll ivlpacls assori(ded );,, lh this requesl. We feel the revised proffer statement adequately mitigates the transportation impacts associated with tine rezoning. Improvements to Valley No Road and Martin Drive will provide for a safer traffic system for existing traffic as well. /� s. Stnl� hurl �)n'uionsl� rnuian'u/ern ill our renie») of the a(Iacerrl prorerlies' r'egllesl than the applicatmlr l.r encoltraged to think beYoud ja.rl l)lrluirlia a .rini�J/e G'o111iCL'/loll /0 t/JC ar�CJG'Cli/ parkiq lol. The arljareut properly,, claieu/ly under reoien) for a rezoning, should be rou.ridered ill relaliou.rhl�) to /hi:r onefin- the pulpose of access and ihprol)enien1s to Marlin D ine, iucludil(g a Poleu/ial inlenial couneG'tron ba6'k. dou)n /o Rome 7. The adjacent rezoning was approved with an internal connection back down to Route 7 and the proposed interparcel connection aligns with the planned connection for the adjacent property. 9. II is el)ir/ell/ Ibrrl lhi.r rr)l'rl hound Qia'lhel' rlelelrorale /he level of senwe a/ /he e, i Ii1i 1.Wer:reclions ili //W o% the .rile, lilosI .,peq ically the inlerreclion of Rome 7 ivilh I-8 / and I /alley i ill Roar. 'I *he Plan reeks to ensure /hill lien) deivlopIlielll does nol de/erioral the knel o/ .(Trice al i» ler edi.ous or roar.r. Il .reeks to ensure than it Illailrlairl.r 01' 1.111prYnn's the lentil of .rehire (i/ iniraeled roads or hilerrec/Ions. Please undel:rland that an at'arlable lel)el o% .reri)ice to 1~9ederick. Conn�� as iden/ifed in the Col)ihreheli.uil)e Plan, i.r a lentil ol.ic'r�,itIC C. Background traffic alone requires the same improvements at the intersection of Route 7/Valley 1\llill Road/I-81 ramps, The improvements to Valley NO Road Rnll be accommodated by development of the adjacent property. The Applicant has focused on improvements to Valley Mill Road and Martin Drive across the Property frontage. The Valley NO Road improvements include the addition of a left turn lane that will provide a safer movement for vehicles that turn onto Dowell J Circle. The Applicant has focused the transportation proffers on 'Martin Drive and Valley Mill Road as these are the two most impacted roadways. For reference, vehicle trips generated by the rezoning on Route 7 represent just 0.4% of the total build -out traffic. 3 • • l0. Based rrpon /he above scenario, the "I7A deselibes inrpronrenrenl.r Mal are necessay to achicoe an arc•eplable len,l ofsen)ice. 1\�oue oflbese inr/rroueineuls will be in place orgnaranleed to be provided priar• to der eloprnenl of 1hir .rile• Plans for improvements to Valley Mill Road associated with the adjacent Property are proceeding currently. Background traffic analysis indicates that the improvements required for Route 7 and the I-81 off ramp are not created by the proposed rezoning. As traffic generated by the rezoning would be only 0.4% of the build -out traffic on Route 7 and only 1.2% of the trips on the I-81 off tamp, we feel the proffer package mitigates the impacts of the rezoning. P��I1. Perles/rirur acconrnrodaliour .�lronlr( be provider/In a conrdinaler( (runner inlerircd to the prgjec/, /o crud along I 'alle}' rllill 16ad, and lhlar/in Drive. The revised proffer statement provides for the constriction of an off -site sidewalk across the full property frontage of the Dowell J Howard property located across Valley Mill Road. This off site sidewallc will connect from Dowell J Circle to the existing sidewalk located along the south side of Valley Mill as depicted on the GDP. 12. On recerr/ rctionin,.r, olher projeas hale con/r•ibn/ed addilional frndirr� for lran.porlalion irnprolerrrenls I'll tenor d area oflheir• regrlesls. This has been (lone in recognition o/•/he need to adr(resS the broader lran.ipor/alron iolmoi)enrews in the devclophi areas of the Gonrr!}, irr addilion /o /he /reci/ic inrprouernews /hc), rnrr}c he proposirr. Slid)an approach should be considered ivilli this regnes/ rela/ive /o the scale of'lhir requesl. The Applicant has chosen to focus on built improvements in place of a monetary contribution. VDOT has approved this approach for the proposed rezoning. 13. /1 Gener(&i '!' ( Oerelol)nlenl Plan ha.r nol been prrrruded n�i/h This applicalion. ./I GDP accorrrparr}1*11t; Me Prod%r.S /((tern rr/ could be used to address solve o/'lhe coalmen/.( ideuli/ied. A detailed GDP has been provided with the revised Proffer Statement. 14. /liD, prgll% red /irnilalior�r should be diiec•//y relaled to the ana/}uis provide(( in /he irapacl ana/PiS, in par/icalcn•, /he 17,-1. The revised proffer statement limits development to the maximum trip count that was studied as part of the TIA. By proffer, no site plan could be approved for the Property if the use exceeds the maximum trip count of 1,516. 4 15. The appin'alioll pro/%i'rr 12,000 s(lware /i'el o/' nnliwiled conrllierc'inl laud wses. The T JA n10delr a 3,500 reslalnznrl );1ilh (biue lhroii gh. I hr.r dr.rG're/JCrJrcy .rhorr/(I be con.iidered rrjhen eralllalilig the iwpacls n/W`/:r reque.rl aild the prq&r.ilalenreul.. As stated in the response to comment 14 above, development of the property is limited to a maximum trip count. This ensures that the property is developed in conformance with the TIA and allows flexibility in square footage should a low traffic generating user such as office choose to locate on the site. 16. The pro�/er .rlrrlenn'Irl provides %r a 12,000 .rgware )of eoml»enial deuelopleul. I he PHRA n1011elaly cowlliblilioll ai(we(1l0 n/%i-el the inlpacl nl dewlop>ienl should be crryf ll/y eucr/baled IO elrslUe /h6y ale /eliJl(I'e /0 Ihe/)ropoded delvlopwle'lll.. The proposed monetary proffers for sheriffs office and fire and safety put -poses of $1,000/each are in keeping with the recently approved rezoning for the adjacent property which was more than 3 times larger than this proposed rezoning. It is important to note that the rezoning itself would create a positive fiscal impact from tax revenues associated with the conntrtercial use of the Property. 17. I he�l'n/�i'r.r/a/cwn'wl n(nsl be .�igwerl I>�� /he n»�ner�oJJ�ner:� o/lhe�rof�er��. A notarized signature has been provided on the proffer statement by the property owner. I S. Once' r{gain, please en.11re /Al/ a// rerir'ru (Igency G()Mn/enIs are adegnrlle j' addressed.. Acluio-vledged. ofT>�r>i.r�>o>Y�r�ro>r (Lloyd Ingram) I. 1-'D0T /'S .a li.11ied /h(rl /he 11-all.,polval(ow pl-O#'r:r oJj�red in the Bemis Properly — Valle Allill Road IZ11yr/kaliow Baled A/iglas/ /8, 2009 address hzrn.iiy)Orlaliou c0»cervs associa/ed rvilh /his lt'gne:�I. Acknowledged. I >rcleste> Rct io»rr11M-,>olt(.S'elewa R. Alarrwel) Orr behal/ o/ the IlI tw h :rler Reginsrr/; lilporl, nee Game rePieiwd /IJe referenced re'�owirr�gpropnsrrl mire delemulled /hal /he proposal null wo/ iwlll(Icl nreraliows al the lVincbesler'l]ilporl. Acknowledged. s • flisto�lc Resoll>ces Polllela) Upou reuieuv of Ibe ploposec! Ibe pinposcrl does uo/ sing i icalllly i,alPac/ hislolic resollrces cur(/ it is Ilol /n°ce.r.arly /o .ahedide a nval review o/-lhe re�7ni lg rpplicalioll by /he I-IRA13. lo•ordilr, to /he Ruud I,alidniarks Sllr'vg, More are llo sigll�1C111I hls/onc s1ni:lures /oca/e(/ olr Me rrop',g), uor are Mere alq possible hrs/or7c• dlshids lu Me vicllllly. I/ Ivas also uole(l /ba/ while /he t\'almual Park, Service .SIIr(ly ol'lbe Ovil I Var Slles hi the Shenandoah Vallq, doer ideu/rlj, core balll�/iek 1ui/hiu Ibis area, /he sile'.r etiisliq coudilim is such Mal there i.r lillle r'ellrarllhl, vallie to auyrleservalioll e)Xorl.. AcknoR ledged. PhRA Frederick Co1nrlyAtfolireJc(Rodelick. II"illiall/.i) I'ro(/er 1. / — .SlaO should be arvcue Mal Ibe TI/I ac•convjraugiug the proposed Proffer Dalellieul as:a wes developlIeui ol' the .rile "/o ilnlllde a 3,500 square fool flsl food res/alacul/ 1vi/b drive-/b/tl', (17/1, P. /), bll/ /ha/ /he Prof/er mil, evdildes delvIOPImIl/ of /he .rile 1vilh baildin, floor area ev eedil{, 12,000 square feel.. The proffer statement has been revised to linut development to a maximum of 1,516 vehicle trips as modeled in the TIA for a 3,500 square foot fast-food restaurant. 2. Prof%ir /.3 — The Pro(Pr doer uol i 1diczrle lvhell the illler•/Jarcel coulleclor for access to wid fi-ow /he area loccr/ed a rsl of/he subjec/%rorel%res )vrll he plvvided The area localed wel of Me su»)jecl prolvdies is cllnellllp A.oued RP; lvoald ilrler-parcel access be provided to the l(pacell/ proper/),(ies) as r•I(ri 11 ly tioued RP or uvould ruler -parcel access old, occur olr mZ011illo of/he a(IJ(re•elli plolrcv/)'(ie.i)? The inter -parcel connection would be provided prior to issuance of certificate Of occupancy for any building consu-ucted on the Property. Rezoning of the adjacent properties for B2 uses was approved by Frederick County on August 12, 2009 as RZ 03-09. 3. Pro(l�r 1.4 — '1 be Pro(%iTproiide.r /or /he desr�lll alld Bolls/I%1dim (� (w llddl/lollal iaue for 1,1a1ley klill Roar/ aclvs" the fioll/(r,e ol'//Je .171bjec•l properlies (lhe lvord `Properl3," ill the acolrrl line of /he 1'ro/l r• r, lur.r��lelled curd /Ni .i 0ould be coriccled), bu/ does uol provide for the dedica/im of au addilioucd ri,h/ of 1uc01. Slgg' shoidd de/elYllllle 11I/Jelher such collslrin•lio» r:r f(r.ribleOileu Me (7117eul n/idlh o/'/%c lighl of )uc91. Per revised proffer 1.5, any needed right of way would be determined at time of site plan and dedicated by the Applicant. 4. The ,iec'olid and /h/1•r/ prMes of.The proposed Prof] 1r S/rllellleul coldai / 11 beQllel• /brl/ reads `I F(Ilgl- eur — D(lil)' C 0171 l• Place" The header should be c%allged l0 1-01. the corlecl tztionilig. Addressed by revised proffer statement. 5. 13y lurly q f ei ,oelleral ob.rei valion, slrlfl' ,rholdd be aware /ha/ lbe TJA indiwles /hal Mere are no `hlalllled" background demlopmenls localed ill the vicinily of•lhe ,r/ldjec•T ptopet/ies rl"JA, p. 7) Slafl' will need To a.rrel/rlill The accilracy of Ihl,r a,raanPlloil. The TIA was prepared in accordance with the scoping session held with PVDOT. A growth rate -vas applied to existing traffic to determine background traffic volumes. G. The Colwl ,',r GIS lnappil{g shows a VD0T iigbl-of-way, which appeens To be of appro imalely 20_ fi°el in width, bl:rec•ling /(ry Iti(//) Parcel 5,/ /1-1 /2Q, one of•Ihe p operlies Thal if the sul , ecl Of/he proposed 7hiJ' 17*ohl-of 11/(!)' is lax II/rlp parcel 54f1- / 1213 in /he Co/nl/y',r ltwor d,,. The ski/as y' lhis nigh/-of-wcy play need to be resolm d in colllilm--loll wish lhePiopw-e d ne�gning. A survey performed by PI 1R+A depicts the boundaries for the three parcels totaling 1.26 acres. There is no 20 foot right of way encumbering parcel 54-A- 112Q, only a sewer easement. 7. Item 7 n/'lhe plopo.ierl Retionilrg ;'IPplir.a/ion needy to inclil de 1xv Inap pcnzels 54F-/1-30 and 541-'-3-i11 rrs ac jninel:r. These adjoiners have been added to the application. F»�le>ick co/////)/ aw-"il11le111 of l'i�l>%rc it%"ks (1 lrnvDL. S/IzumJ'lgder, Jt:, P.G.) to ////pyre/ r1nah. rr Prlge /: I Apand Me discussion to include The diiposilion of /he /hlte (3) ,rillgle fiilnily chvellillgs, The dwelli/lgs rrPPear to have been conlrnclerd prior to /97S and will i-equil-e asbeslw. ill.11MC/i011SPlrnt• /0 receipl o%delllolilion permilr. The impact statement has been revised accordingly. 2. Rc/er to ,-'Iewtvr and T1•an.ipol/a/io11, page /: G.-\panr/ The discit.o70n to include The inlelpar el colrllec/ion 1-01- ncerd ill the Wlalgleen'l' Iz Coniug applicalioll. /1lso, discuss The inlp a oil /1 /ai- in 0) v and Me need fill• lipgrades if lbws road lJ' usedfir r lllgivssf egress - The impact statement has been revised accordingly. 7 • u 3. Sell)a;c Co/ncyaure ulrrl page 2: I/ ClppCll/:+' I/IaT TIJC CXrsliq rhl/e//lllgs are serr,ed by pubic waler. 1-1olveuer; /he of loub/ic• .raver a/olrg Jlrlarlin Dlrlle i.r gue.dmnable. I!elr/p x iJb .+l�ccr/ic 1%Iz lrce.r /o e�'i.r/ilr� .relYer lines /haJrnb/ic selr�er service is ru,ailable lvilh /he re:Zonil{; boulidalies. A field survey conducted by PI R+A located the 8" sewer line that is located NVithin Martin Drive adjacent to the Property. This sewer line gravity feeds north behind the 220 Seafood Restaurant where it connects with the Abrams Creels Interceptor. SloJiD/uinririrrJ+.loirrcr ar')Niia/PHRA coinudel-rliou be ,iccu /0 a lYy1011a/ /irGilily Mal lvi// .reeve The Bums Properly as eve// as the lVal;Ireu'.r .rile. The impact statement has been revised accordingly. 5. Rejcr Jo Jhe PrrlUer Slalelneul, Sile Deve%puleuJ, pal< gniph 1.2: F"palld the rejCreiice /o the one elrlrauce oil /l lrrllilr Drive /o include requilcd ia/proverueuls to 11PSrade Mallilr Dlzve /0 a0,011111/odrlle Jhe I 'll-Sllrla Depallll/ell/ 01'T'nti1.+pol1a/lolls requileillellls. Proffer 1.9 of the revised Proffer Statement addresses this comment. Fiea'elrck Neal) Plan appinvrd leconiuiellded Acknowledged. Fiede>�c1C Co��»t�/ Srnii�rr�ro�i Aiitl o�r�t1(/0bn I ('hilacrc) SeAfel• crux/ 111'aler an, allai/ab/e To lhi.r .+i/e. 7 L�ere i.r rrrleq/rrr/e .rerver Crud u�alcr crrpacily To scruc Ibis silo. Acknowledged. Fiede>zck - lf�irclestc>fle�rltl Dc���r�fi�ie�it AS long as 1/0 » )el%r 0l' .repli(' t�slen/s are iu/prrcled ei/her oil prnperl), or iiei�hboling properlles; no of)jcc /iolls. Acknowledged. Frcderrck Corrrrl�/ Dc�>�r�r�irc art ofP�r>;��s �rrrrr'Rec>e�rlio>r (1�(rl///Jells 1-10//) A70 cols/well/. Acknowledged. Fiederzck 1l'/rircleste��Sc�>zrcefliit/>o�rty(/e.r.re /l�lo(Je//) NO COIill/vell/s. /� g Acknowleded. Ph �1 \l Freelerick Corrrlf 1Lfspections (101511 TIe/ral)) 1�10 GOIJI//sell/ n'gail��d a/ 161:r lilac. C,0/I////Cl1/.I' .1'hall Ile /I/lll% (I/ ,I'//erlCl/1 sl!lJ/I/1//III�IJII.fe. Aclmoxv1cdged. Freder-rck Corr>1tvPrcl>hc Scl>ools (i►igile Lee) IVe hale a'lkl er/ /he 131111/s Ketio/liug appliralioll, alyd are collce/lled abon/ the illcicase i// /1-lIljc volnlve Mal /hl:r rhali-ge afllse Willffllera/e. I/ h- r117ta(l)l (i(li(idl for school buses to /mil sell 0/1/ of /he Dollvll J. 1-lo)va d Cclller, allcl ;ve c\l)ecl lhlll IIJI,I' c/)lw/ lel'clal /lse, 11/1/h all el111711lee owo Ma//in Driue, will iur7Yl se /ha/ I(% see /his h-Vie being ltlaled Vlore to li-q%ic w1iolle /hull /0 slat -kI'll � a/ The I �1lle� lllilll13enp)il/e 7 unil)ike i11/ersec/ion. The Applicant is providing frontage iinprovements to Valley Mill Road to address traffic impacts of the development. Additionally, the interparcel connection to the Walgreens tract will allow for access to Valley Mill Road and Route 7 without sending traffic across the Dowell J. Howard Center entrance or exit. I hope that these responses aid in the review of the application by Frederick County Staff as well as the Planning Commission and Board of Supervisors. If you have any questions or would like to discuss further, please feel free to call me at (540) 667-2139. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R. Sowers, AICP 0 0 Frederick County FREDERICK COUNTY PUBLIC SCHOOLS Public Schools SCHOOL BOARD ACTIONS toonaucaistuacnts MARCH 1 6, 2010 do Cr;cilCn; cm¢e'i0j The Board: • Approved the amended agenda; • Approved the personnel actions as recommended by the Superintendent; • Approved the consent agenda, which included the following items: (1) minutes from the March 2, 2010, Board meeting; (2) minutes from the March 8, 2010, Board worksession; (3) a resolution honoring the Millbrook High School Girls' Basketball 'Team for winning the Group AA Division 3 State Championship; and (4) 17 requests to use school property; • Approved a boundary line adjustment to provide an additional 10 foot of right of way for Valley Nlill Road in front of the Dowell J. Howard Center; • Approved donating Bus A-3 to the Frederick County Fire and Rescue Department; • Voted to purchase three school buses from Commonwealth Bus Sales at a total cost of $281,996 using federal stimulus funds; • Approved the $517,710 bid from Don Largent Rooting to put a new roof on Robert E. Aylor Middle School; • Voted to surplus the greenhouse at James Wood Middle School; • Approved the minutes from the Buildings and Grounds Committee meeting held on March 12, 2010; • Approved the minutes from the Instructional Committee meeting held on March 15, 2010; • Amended its meeting calendar to hold a budget worksession on March 26, 2010, at 7:30 a.m.; • Amended its meeting calendar to move the May 4, 2010, meeting to May 6, 2010. 0 0 Frederick County FREDERICK COUNTY PUBLIC SCHOOLS Public Schools SCHOOL BOARD ACTIONS ._ to msurca'I saidents MARCH 1 6, 201 0 :l� C�icll�n, CO:tlt��l'J't The Board: • Approved the amended agenda; • Approved the personnel actions as recommended by the Superintendent; • Approved the consent agenda, which included the following items: (1) minutes from the March 2, 2010, Board meeting; (2) minutes from the March 8, 2010, Board worksession; (3) a resolution honoring the Millbrook High School Girls' Basketball Team for winning the Group AA Division 3 State Championship; and (4) 17 requests to use school property; • Approved a boundary line adjustment to provide an additional 10 foot of right of way for Valley Mill Road in front of the Dowell J. Howard Center; • Approved donating Bus A-3 to the Frederick County Fire and Rescue Department; • Voted to purchase three school buses from Commonwealth Bus Sales at a total cost of $281,996 using federal stimulus funds; • Approved the $517,710 bid from Don Largent Roofing to put a new roof on Robert E. Aylor Middle School; • Voted to surplus the greenhouse at James Wood Middle School; • Approved the minutes from the Buildings and Grounds Committee meeting held on March 12, 2010; • Approved the minutes from the Instructional Committee meeting held on March 15, 2010; • Amended its meeting calendar to hold a budget worksession on March 26, 2010, at 7:30 a.m.; • Amended its meeting calendar to move the May 4, 2010, meeting to May 6, 2010. . BURNS PROPERTY IMPACT ANALYSIS STATEMENT September 2009 The Burns Property (the "Property') is ideally located for commercial uses. The Property, identified by Frederick County records as Tax Map Parcels 54-A 112Q, 54-A-112D, and 54A-112P consists of approxllllately 1.3 acres located at the northwest corner of the intersection of Valley Mill Road and Martin Drive (See Figure 1). The subject site is currently zoned RP (Residential Performance) and currently used for three single family detached homes. This application seeks to rezone the Property to the B2 (General Business) District. An asbestos inspection may be required for the existing homes prior to issuance of a demolition permits. The site is located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) of Frederick County. SURROUNDING PROPERTIES As depicted by 1-"lgmc /, the properties located adjacent to the site are single family homes and vacant property on RP zoning as well as the 220 Seafood Restaurant site which is zoned B2. LAND USE The subject acreage is located within the study boundary of the Route 7 East Corridor Land • Use Plan however this plan only shows the existing zoning rather than the planned use for the Property. The Eastern Frederick County Long Range Land Use Plan identifies the Property with a business designation. As Such, rezoning the site to allow for B2 uses, would be in accordance with the land use as planned by the Frederick County Comprehensive Plan. • ACCESS AND TRANSPORTATION The property would be served by an entrance on Martin Drive, as such no entrances on Valley NO Road will be constructed as part of the development of this Property. A traffic impact analysis (TIA) entitled "A Traffic Impact Analysis of Burns — Valley Mill Road," was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The TIA analyzes the impacts developing the site with a 3,500 square foot fast food restaurant as a "worst case" traffic generation scenario. The TIA indicates that background traffic will degrade the Level of Service (LOS) for the subject area intersections below a LOS C. To accommodate background traffic the TIA proposes the following improvements: 1. Route 7/ValleyMill Road/I-81 ramps: • Additional westbound thin lane on Route 7 (proffered by adjoining property) • Additional northbound left turn lane on Valley NO Road • Additional southbound left turn lane on the NB 1-81 off ramp. Mipact Analysis Slalenreut — Burns Properly 1 M- 0 • wu p Features n mly ururdary • tat Map un.lydar,, OJll I Ilk lily Or dw 0 • .'T Genrg- Viash rg►nn NMo-narr l rn,s- [_; H91nKtb � - Lcll<,7•P0rd: .jlletwllb JrlQn Dr►�1-pnrrnr At-: • Roadc?rancporlalion In.el slalnc . / Fli rJl. -1 V I,/Jl•C swn .It.'; P.ur'Ja Mot Wk rlirswR%mJo On avlac r , i.*ld R : nJr PlupL:vxJ RoAv V � - RailmarY. Cilics?uwus � f.1Wc Ia�la,lt --OUphent C"y ',?.It laslrl J�ryrlruRufal DlatActt - -n WA^ r w r/i �1Y11lJ.: �I- IIUn J ;outn 1tf�'I.rtck I 7e, Nny 1 B1 (Busi mr-,s. Nrik Ilr./IhwJ Cis4 icll R' (Rnal i� ranw wl n a-r rr M (Dusi irss, lrxiustrial -ran-jr on Clsrnrl l EM ?Exhal.li• t• ?r"mftA,.to, irrt; Di.JakAI I IC 1 hltrr Cdw .. A nro Dim -re , fa' 7n'l .rsh id, _4 . Dinh d) td Gancral Disc C' 14111 !IALtile hwlw Cwl u11r ri.c D"lli.Al fAJ •lrtrr. r.�l JCr/ ner. Dr!.16r: ® RS IReeu«tthl, Recraf.' xotif amnmfllly 71010A- RA RI. r.. I !'.r-.r. D mr cJ; Rr :RN (N1 '11I r -)molrinc• Disincl • Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. p Hi[:;?A tl7EeetGViK*adily Street SJte200 Winchesterf VIgF*2260t T 540 8872t99 F 340 663 0493 WINCHESTER 1 zi GATEWAY ` �A WNW l i�JMnA► PROJECT R, L AREA ZONING MAP BURNS PROPERTY , 19 FIGURE 2 DATE: 7/1/08 • The TIA indicates that the development of the site combined with background traffic would necessitate the same transportation improvements needed with background traffic alone. The Applicant has proffered to prohibit direct access to Valley Mill Road and to widen Valley Mill Road in order to provide a left turn lane at ValleyMill's intersection with Dowell J Circle. Additionally, the Applicant has proffered to improve existing Martin Drive from the intersection with Valley Mill Road to the project entrance which has been located as far from Valley NO Road as possible to ensure there are no conflicts resulting from traffic entenfig and exiting the site. The Applicant has also proffered to provide an inter -parcel connection to properties located west of the site. This connection aligns with the inter -parcel connection that was proffered as part of the adjoining Walgreens-Dairy Corner Place site which was recently rezoned for commercial uses. To facilitate a better pedestrian network in the vicinity of the site, the Applicant has proffered to constrict an off -site sidewalk across the full frontage of the Dowell J. Howard Center property located across Valley Mill Road from the Property. This sidewalk would connect with the existing sidewalk located on the south side of Valley Mill Road. This improvement is shown on the Generalized Development Plan. ENVIRONMENT The Property does not contain any areas of stream channels or steep slopes. The site has a • low elevation of approximately 650 feet and a high elevation of approximately 670 feet. There is an existng drainage swale that runs north to south on the Western edge of the Property. The General Soil Map of the Soil Survey of Frederick COMM Virginia indicates that the soils comprising the subject parcels fall upon the border between the Frederick Poplimento- Oaldet soil associations. The predominant soil types on the site are Berks Channery Silt Loam, 2 to 7 percent slopes (map s)nnbol 1B) and Weikert Berks Channery Silt Loans, 15 to 25 percent slopes (map synbol 41D) as shown on map sheet number 30 of the survey. The site would not be characterized as prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Comnnur ity Panel #{ 510063-0115B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100-year flood plain. Existing drainage from the site flows from south to north, ultimately to a drainage Swale located on the adjoining property to the west/northwest. Any stormwater management facilities will be designed to meet or exceed the state regulations. Per stormwater management regulations, post development flows will not exceed pre -development levels. As such, development of the site will not negatively impact nearby drainage facilities or • adjoining properties. Impact f(ualysis Slatenient — /rums Properly 2 . SE«'AGE CONVEYANCE AND WATER SUPPLY Access to public water and sewer is available via connection to existing lines adjacent to the site along the Valley Mill Road frontage. An 8 iinch sewer line is available at the site and along Martin Drive. • Assuming 12,000 square feet of conunercial space (proffered maximum), the site would generate 2,400 gallons per day of sewer- flows with approximately equivalent water usage assuming a rate of 200 GPD/1,000 square feet. SOLID WASTE Assuming 12,000 square feet of conunercial space, the site would generate 300 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet. Solid waste would be transferred to the Frederick County Landfill for disposal. HISTORIC SITES AND STRUCTURES The subject site does not include any historic structures as identified by the Frederick County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valle), of Virginia, the subject site is located within the core battlefield area of the Third Battle of Winchester (Opequon), however the subject acreage is already identified as lost integrity due to development in proxinnity to the site. As such, the application will have no impact to the existing integrity of battlefield resources. IMPACT ON COMMUNITY FACILITIES The proposed commercial rezoning will have a positive impact on the Frederick County tax base. The positive fiscal impact is augmented by the fact that the proposed rezoning is replacing RP zoned property currently used for single family houses with commercial uses. In recognition of services provided for Fire and Rescue and Sheriff's Office purposes, the Applicant has proffered a nnonetarycontribution of $1,000 for Sheriff's office purposes and $1,000 for Fire and Rescue services. Impact lbial.)�Yis Stateiilelll — Bums Properly 0 • A Traffic Impact Analysis of the Burns - Valley Mill Road Located in: Frederick County, Virginia Prepared for: David Burns • 1675 Fort Bracklock Court Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates Eng neers. Surveyors. Planners. Landscape Architects. 10212 Governor Lane Blvd, Suite 1007 Williamsport,� T 301.223 4010 Maryland 21795 P�— R- It F 301.223.6831 JL September 4, 2008 • • • • OVERVIEW Report Summary Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Burns - Valley Mill Road development to be located along the east of Valley Mill Road (VA Route 659), north of Martin Lane, in Frederick County, Virginia. The proposed development is to include a 3,500 square foot fast-food restaurant with drive-thru. Access will be provided via Martin Lane located along the cast side of the Valley Mill Road. The proposed development will be built -out over a single transportation phase by the year 2010. Analyses are provided for existing, 2010 background and 2010 build -out year conditions. Figm-e I is provided to illustrate the location of the proposed Burns - Valley Mill Road development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Buns - Valley Mill Road development were obtained through a sequence of activities as the narratives that follow document • Assessment of' background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Burns - Valley Mill Road development, • DistribUtion and assignment of the Burns - Valley Mill Road development -generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of Synchro 7 for existing and future conditions. A Traffic lmpacl Analysis of Burns — Vallee Mill Road Project Number: 15877-1-0 September 4, 2008 Page I A CJ 0 E No Scale Rerfisn/� �� Coh^9r �: a"ln w o, a ryjq� @rAC Dinfy; Dr a � SP." St Frederck Ave P Va% Nil Rd P &ook4tnd. Di b�kiand R di w 1Nood.tcck 0-;I-t aM Dr Figure 1 Vicinity Map: Burns - Valley Mill Road, in Frederick County, VA PH� A Traffic Impact Analysis of Burns — Valley Mill Road Project Number: 15877-1-0 September 4, 2008 Page 2 0 0 • • EXISTING CONDITIONS PHR+A conducted weekday AM/PM and Saturday mid -day peak horn' manual turning movement colints at the intersection of Route 7 (I3crryville Pikc)/I-81 SB Ramps, Route 7 (Berryville Pike)/I-81 NB Ramps/Valley Mill Road, Route 7 (Berryville Pike)/Martin Lane, Route 7 (Berryville Pikc)/Gateway Drive, Valley Mill Road/Dairy Corner Place and Valley Mill Road/Martin Lane. In order to determine the ADT (Average Daily Trips) along the study area roadway links, "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 7.7% was utilized based upon the published Virginia Department of Transportation (VDOT) 2006 tralTic count data. Figure 2 shows the existing weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volLunes at key locations within the study area. Figure 3 shows the existing lane gcomctiy and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. Existing condition analysis is based upon VDOT signal timing. PHR+A has provided 'Fable I to show the existing weekday AM/PM and Saturday mid -day peak hour levels of service and 95"' percentile back of queue for each lane group. All traffic count data and Synchro level of service worksheets are included in the Appendix section of the report. PhRA A 77gric lmpucl Analysis arBurns — Valley Mill Rand Project Number: 15877-1-0 September 4, 2008 Page 3 • • • • No, I L4-778�-8-69)177'71 y-43aM51) 1(2)[421 n(zx)lazl 7 11741(239)1741 �t r 18021(10.4/) W 5 (26)(17)6�� 10930 k c c Rom, uzri)I J1 � r o(0)ll1 12110)1 i � i 1611x)1�11 `y Jw� I—J 1 tl �za(xx)Ixll 11351(178)86 1x 101192x)'Jxl 127x113611160 �� N IOSOI\Sg11\l.1)')\ 7 1j296111)7%elk sy a i 3115c,\\1a� Y �, , `s>L�x ax11y511 \gUl\lll11 )%351 Weekday Saturday AD'I' +n ANI Peak Ilour(I'M Peale Ilour)[SAT Peak Hour] Figure 2 Existing Traffic Conditions A Traffic Impacl Analysis of Burns — Valley Mill Road PH R+A Project Number: 158, 2008 September 4, 2008 Page 4 0 No j sign:dind i 1 sign:d(tcd -3j Umignallted 4 signnlitcd $ Wulgnaliud Int—,,vtio❑ Inleneclion Intcrsecllon h,tcrsarl(on Inlersectim, 2 c 1.0s= O(C)ICl — LOs= U(U)I u) Itlgl,t In/Out Only I.OS= C(C)Iltl o 0 o Ld, r1 n it ttltglltl• ll t'a< A Y tulttsle G Unsignolitcd Inumction / ,1_ Denotes Unsignalized Critical Movement AM Peak Ilour(PM Peak Ilour)(SA,r Peak IIourl �k;hannelized Right turn -lane with 'STOP' condition CChannelized Right turn -lane with 'YIELD' condition NOTE: Analysis is based upon VDOT Signal Timing Figure 3 Existing Lane Geometry and Levels of Service • PHA A Traffic Impact Analysis of Burns — Valley Mill Road Project Number: 15877-1-0 September el, 2008 Page 5 • • Table I Burns - Valley Mill Road Levels of Service and Back ofQueue (95%) Results F,xistine Conditions Intersection Traffic Control Lane Group/ Approach AM Peak floor 1'M Peak (lour Saturday Peak llour LOS Illicit of Queue LOS Illicit of Queue LOS Back of Qucuc Route 7 & 1-81 S13 RamPSIS honcy's Entrance Signalized EI1/L C 126.0 11 123.0 B 95.0 11 224.0 B 414.0 C 307.0 Eli/fR Ell LOS I3 IS C WBA, 1) 25.0 A 25.0 It 25.0 11'I3/1'-Lane I 1- 395.0 A 54.0 C 234.0 W13/I'-I.:mc 2 \1'B/R A 25.0 A 25.0 A 25.0 11'I31,OS D A C N YLT D 28.0 li 75.0 D 63.0 NB/R C 25.0 C 36.0 C 25.0 NIS LOS U D U SIl/I, I' 449.0 I' 387.0 li 303.0 S11/I:I' [' 440.0 1 385.0 li 311.0 SB/R A 25.0 A 25.0 A 25.0 SB LOS I F, Overall LOS U C C Rome 7 & 1-81 N13 Ramps/Valley Mill Road Signalized I?B/1, C 59.0 1: 188.0 1)109.0 1?13/I'-1ane I D 352.0 C 357.0 C 271.0 EB/1'-lane 2 Eli/R A 66.0 A 113.0 A 28.0 EB LOS C C C \VB/l. C 29.0 C 41.0 13 25.0 N'B/f-Laic 1 D 418.0 13 746.0 1? 608.0 W I3/I'-Lane 2 1\'IUR A 1 25.0 A 25.0 A 25.0 11'I3 LOS C 1) U N1311, I' 464.0 P 540.0 li 371.0 NBfl'R D 273.0 li 245.0 1) 165.0 NIS LOS Is F 13 SI3/1, ti 364.0 13 w5.o Li 298.0 SB/I:f Ii 356.0 li 454.0 1) 2920 sl A 25.0 A 25.0 A 2A0 sit LOS U Is U Overall LOS U U U Route 7 & Martin la 1L Unsignalized EB/1' 6I3/1'R Wllrl'-I:mc 1 R'llfr-hmc 2 - - - - - - N B/R Route 7 & Gateway Drive Signalized EB/I: lane I D 56.0 D 227.0 C 208.0 1:13/l, lane 2 EB/f-Lane 1 11 671.0 A 213.0 A 33.0 E11/f-lane 2 1?B I.OS C it IS 1\'II/LU U 1 35.0 li 28.0 D 38.0 WB/L'-lane 1 13 313.0 C 615.0 C 449.0 W13/1'-Lane 2 Wil/R A 1 25.0 A 66.0 A 44.0 \PIS LOS It C C SI3/L-L:mc 1 D 46.0 1) 106.0 1) 87.0 SB/l.-[anc 2 SIVR-lLule I A 26.0 A 18.0 A 43.0 SII/R-lane 2 SII LOS C C It Overall LOS C C 13 ValleyMill Road & Dairy Comer Place Unsignalized IiI1/I:L'R C 25.0 C 25.0 C 25.0 N'BlI:fR 13 25.0 11 25.0 13 25.0 NII/I. A 25.0 A 25.0 A 25.0 \ II/I'R SB/1:I'R A 25.0 A 25.0 1 A 25.0 Valley \fill Road & Martin lane Unsigmdized \I'B/LR 13 25.0 13 25.0 1125.0 NBn'R - - - - - - S13/i.r A 25.0 A 25.0 1 A f 25.0 PR+AH Axametl O leet venlele LCllgul Alininmm queue lenglh aawmcd to be 25 feet [:It = &nibound, Wit =Westbound, Nit = Nutthbound, S9 = Snuthbound L: Lc(I, "I'i Ihm, R: Right A Tra(l)c• hypacl Analysis of Barns - Valley Mill Road Project Nun)ber: 15877-1-0 September 4, 2008 Page 6 0 C7 0 �I 2010 BACKGROUND CONDITIONS In order to determine the 2010 background traffic conditions, PHR+A grew the existing traffic volumes (shown in Figure 2) using a rate of 6% per year through Year 2010. There are no "planned" backgrOund developments located in the vicinity of the site. Figure 4 shows the 2010 background weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations thl'011g110L1t the study area. Figure 5 shows the corresponding 2010 background lane geometry and AM/PM peak hour and Saturday mid -day peak hour levels of service. Table 2 is provided to show the 95°i percentile back of ducue and levels of service for each lane group during 2010 background conditions. Synchro levels of service worksheets are provided in the Appendix section of this report. PHRl� A Traffic hnnzocr Analysis of Burns — Vallee Mill Road Project Number: 15877-1-0 September 4, 2008 Page 7 • • 0 0 1 No. 7. Lt.al>l„v(2(5%s)1%a)2I51 761 OIl % 95(12a0)1120HI /�27()�11 \ as,a11,1l 1 '))1257a51)Ib1Hl 7p—s7c0xns7v1 m �161 7 1d11 i 1 96j12U91I764r 1 t ( ' j152)(200)97� 19101,1042)ItOz �1• 71 a'L 1� (90aj(11,)6 �� (26 Y "'1i IJIz)(a05)Ix01107)6 ISa711(d�`� °o S % \j411\l31 �,1511� 9 Weekday 1I Saturday ADT AM Peal( I-lolll'(I'NI Peal(IIour)[SA'F Peak Hour] Figure 4 2010 Background Traille Conditions PHTt1� A %'rn( is Impact Analysis of Burns — Valley /Llill Road Project Number: 15877-1-0 September 4, 2008 Page 8 C� • • 0 No IJI igna tired Intersection /I t Signnlired Z Sign:di—I 3 unsignnllml 4 Stgnaliml 5 Oasign:di—I E 2 Into rscclioil F Inlcrscctlon 111(m, t•ction hticrscclhm Inlcrsalion 0 r LOS= C(C)I C) °� I.OS= u(r)II•:I Right In/Out Only I,OS= A(1)1111 �` G1 1 j111 ' ~- tlytAl ' «�n(ullrl p(tt)1 1y t j r a„, r I i..rc —� t —� )Y .ICHC)C (c)(C)c� lcl(I))I)� P J O �11 � .y (i1i(1ii1� o 2 Signnl)zcd "Su—IM Iutcrscclion Imprut cn rnb•• I.OS=C(c)JC) )vn-I9)tnt c a p Sit - I I.al No Improvements o F ~ No Improvements No Lnprovements No I n n•ovements Reaired " ~--C(C)(111 [ I rjl�ll 4—Required Required Required ) \� III)(C)C10 nY O 0 Denotes Improvements :I. Denotes Unsignalized Critical Movement AM Peak Ilour(I'M Peak Ilour)[SAT Peak Ilour] khannelized Right turn -lane with 'STOP' condition T T+ khanneli•red Right turn -lane with 'YIELD' condition lflN-- Figure S 2010 Background Lane Geometry and Levels of Service A Traffic Impact AnaNsis or Burns — Vallet- Mill Road Project Number: 15877-1-0 September 4, 2008 Page 9 0 0 Table 2 Burns - Valley Mill Road Levels of Service and Back of Queue (95%) Results 2010 Backpround Conditions (tv/ assumed Imnrovenienls) Intersection Traffic Control Lane ('coup/ Approach ANI Peak (lour 1'M Peak (lour Saturday Peak Ilour LOS hack or Queue I.OS hack of Qu eue LOS (Sack of Uucuc Route 7 & I-81 Sit li:unps/Sltoney's Entrance Signalized lilt/I. li 213.0 li 272.0 1 157.0 I?0/r C 282.0 C .192.0 C 3.15.0 GB(I'll I'B LOS C C C WBA. 13 25.0 it 25.() 1 A 25.0 WB/I'd-Ine 1 B 124.0 13 130.0 A 68.0 Wli/r-Lmc 2 VVB/R A 25.0 A 25.0 A 25.0 \\'li LOS A It A Niv r 1) 26.0 D G(l.0 D 57.0 NIS/R II 25.0 11 30.0 I3 25.0 NIS LOS C U U Sl3/I. li 376,0 13 293.0 13 265.0 SB/LT li 388.0 Ii 286.0 1:, 270.0 SB/K A 25.0 A 25.0 A 25.0 MILOS U U U Oycrall LOS C C C Route 7 & 1-81 N13 Ramps/Vallcy Mill Road Signalized EB/L li 109.0 li 199.0 1) 158.0 Iili/r-1 .nc I C 566.0 C 512.0 C 336.0 lill/l--L•mc 2 lilt/R A 25.0 A 25.0 A 25.0 RB LOS C C It WI3/I, D 37.0 Ii 107.0 1) 7 78.0 WI3/I--I mac I C 260.0 .D 424.0 13 250.0 \VI3/I%L:mc 2 WI3/1'-Lanc 3 WBIR A 25.0 A 25.0 A L 25.0 \R'1S LOS C C 11 NI3/I: Lmc 1 1) 165.0 D 161.0 D 137.0 NI3/1: -anc 2 NB/I'R li 1 277.0 1) 216.0 li 214.0 Nit LOS 1) D U S13/1: Line 1 li 295.0 li 254.0 1) 227.0 SI3/I: Lmc 2 SIS/1' 1) 76.0 D 183.0 D 97.0 SB/R A 25.0 A 25.0 A 25.0 SIS LOS U U D Orer ll LOS C C C Route 7 & Martin lane Unsignalizcd E13/I' [il3/rR R'li/1'-lane 2 N 0/R Route 7 & Gateway Drive Signalized EB/1: Lmc I C 57.0 C 105.0 C 1118.0 1`I3/1: lane 2 GB/1--lane 1 A 30.0 A 25.0 A 2 5. 0 Ii1311'-1 inc 2 lilt LOS A A A \VB/LU D 34.0 D 25.0 D 35.0 W13/1'-Lmc I A 229.0 IS 495.0 C 447.0 \\'13/I'-Lane 2 W13(R A 25.0 A 1 30.0 A 32.0 11'I3 LOS A It C SI3/l.Lanc 1 D 50.0 D 91.0 1) 811.0 SI3/I: lane 2 sil/R-I:me 1 13 29.0 It -17.0 A 44.0 S13/R-1,mc 2 SIS LOS C C C Orcr ll LOS A IS It Valley Mill Road &Dairy Corner Place Unsignalized GB/I:lR C 25.0 C 25.0 C 25.0 WB/I,TR B 25.0 B 25.0 11 25.0 Nil/I, A 25.0 A 25.0 A 25.0 NB/I'R A 25.0 A 25.0 A 25.0 SI3/ AT A 25.0 A 25.0 A 25.0 Vallcy Mill Road & Mirtin Lane Unsignalvcd WI3/LR 13 25.0 13 25.0 C 25.0 NIS/rI - - - - - - 50/I:1' A 25.0 A 25.0 A 25.0 PHl ' HKnlpen GJ I- Yemen' Lcngol Minimum queue length a-uned to 1x 25 feel lilt = I3a,11 Id, Wn =WV gl.)und. Nit = Northbound. Sit = Southlxnuut L: Left. T: rhni. It: Right A Traffic Impact Analysis of Burns - Vallev Mill Road Project Number: 15877-1-0 September 4, 2008 Page 10 • E TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7`I' Edition Of the I1lStltutC of Transportation Engineers' (ITE) Trip Generation Report. Table 3 is provided to summarize the total trip generation associated with the proposed development. Table 3 Burns - Valley M111 Road '1'rin C..... nlinn .Sums.. nry 1"rE Cud, Land ux Amount In A\I Peek Ilaur Ow Total In I;V Peak Ilaur Oul 'fatal ADT In Sal 1'rek Ilaur Ow Total ADT 934 F., F-1 x/ DT 3,500 SF 95 91 186 63 58 121 1,736 106 lag 207 2.527 Sub -Total 95 91 186 63 58 121 1,736 106 102 207 2,527 11--by Trips 407, 37 37 74 24 24 48 695 41 41 83 1,011 'fatal "N, "'I'ri n 58 54 112 39 34 73 1 1.042 1 64 60 124 1 516 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribUti011 of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages • shown in Figure 6 to assign the proposed Burns - Valley Avenue development trips (Table 3) throughout the study area roadway network. Figure 7 shows the development -generated AM/PM peak hour and Saturday mid -day peak hour trips and ADT assignments. 2010 BUILD -OUT CONDITIONS The Burns - Valley Mill Road assigned trips (Figure 7) were added to the 2010 background traffic Volumes (Figure 4) to obtain 2010 build -Out conditions. Figure 8 shows the 2010 build -Out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak how- traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2010 build -Out lane geometry and weekday AM/PM peak hour and Saturday mid -day peak 11OL11- levels ol' service. Table 4 shows the 95t1i percentile back of queue and levels Of service for each lane group during 2010 build - out conditions. All Synchro levels of service worksheets are included in the Appendix section of this report. PRAH A Traffic Impact Analysis of Burns — Valley rLNll Road Project Number: 15877-1-0 September 4, 2008 Page I I • No Scale 15 °lo C S� V�tcW'a 30 % 0 A� ll�ooP 5 c n %N 35 % ITE -H„ ,o 20 % RA --- PH Figure G Trip Distribution Percentages A Traffic Gnpact Analysis of Burns — valley Mill Road PHP Project Number: er4, 2 18 September 4, 2012 Page 12 0 • • • I No: ] ^ L E s r � 121 p.�.110211211 4 -317(-12)I-211 � %• ': �,�\�Zl\ 3612•1)h0I } 7 \j1l 3 �ti 1221064)30��1 �� 1-211(-1'-1•It�� Zl �i } 153)(32N7 7.J — z33x 1D. -D+ 1 {.mil � lFiglure 7 PhRA Weekday t Saturday AD'I' AM Peal( I-Iour(I'M Peak Ilour)[SA'I' Peale Hour] Development -Generated Trips Assignment n "farm l,nnuer nnalmis of Burns — Vaiiev Mill Rood Project Number: 15877-1-0 September 4, 2008 Page 13 • • • 0 C 1 No, t E = 1. U ilk 11961(269)196 191_61(1 ;04)747 1_61(17)6 %-498(594)1588) \+-895('992)IHO] ,0-11(28)1421 J E s Y C- ti u % 25705111}18) 877(1227)111881 63(122)113I1 7 1152p2oo)n�'(' I89olUOJo)1o8a �� 1J65j(JJ7)_2'. 'I r. ttoott%W1V6}61 7 lt.ti>71115a 1i1pK>'� � b Weekday Saturday ADT + / \ AM Peale Ilotur(PM Peak Ilour)[SAT Peak Hour] Figure 8 PHRA 2010 Build -out Traffic Conditions A Traffic /mpacl Analysis of Burns — Valley Mill Road Project Number: 15877-1-0 September 4, 2008 Page III 9 r� L 9 0 No S u1migmJLcJ Inlcrscclinn ,0 1 _ Signali"d 2 Sig —lined 3 umignaliml 4 Signalired 5 (Amignali—I Inlcrscclion n Inlcrscclion Inlcrscclion Inlcrscclion Inlcrscclh i _ I.os= C(C)ICI _ s LOS= U(I•:)IuI Right In/Out Only LOS= 11(1t)Jfq �B(A)tAl ,; : . ~�C(U)I1>I 7 r1t1)4)� t T awe' Ilm)ter 7 7 �YJuIpc � er n •J 2 Signalized "SuggaslaJ Inlcrscclion Impnn cmm�L" I,Os=C(c)[c) tt'It-1'I 1.m NI4 • 1 Left !i Sii • I Len 1 K No Improvements o ` No Improvements No Improvements No Improvements Required of lLL u(cNlil Required Required Required Y �11 O O LPHRA Figure 9 P R-A H 0 Denotes Improvements a, Denotes Unsignalized Critical Movement AM Peak Ilour(PM Peak Ilour)[SAT Peak Hour] (k�'hannelized Right turn -lane with 'STOP' condition t3 Channelized Right turn -lane with 'YII,LD' condition 2010 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of Burns — Valley Mill Road Project Number: 15877-1-0 September 4, 2008 Pagc 15 • Table 4 ISurns - Valley Mill Road Levels of Service and Back of Queue (95%) Results 2010 1111ild-nul CnndiIinns (w/ assunu'd Inurroventenls) Intersection Traffic Control Lane ('Troup/ Approach AM Peak floor 1'M Peak (four Saturdav Peak Hour LOS Back of Queue LOS Back of Queue LOS (tack of Queue Hoare 7 & 1-81 SB R:unps/Shoncy's Entrance Signalized EB/I, 1) 208.0 D 209.0 1) 175.0 E13rr C 293.0 C •192.0 C 3.15.0 EIM'R EIS LOS C C C NVB/I. 13 25.0 A 25.0 A 25.0 Warr -lame I C 270.0 13 148.0 13 165.0 R'll/r-Ianc 2 W13/12 A 25.0 A 25.0 A 25.0 Wit LOS B A A N,55 r 1) 26.0 D 59.0 D 55.0 NB/R it 25.0 13 31.0 B 1 25.0 NIS LOS C U C S13n, 1i 1 37L0 li 1 301.0 B 294.0 S13n.9- li 395.0 li 1 296.0 li 30L0 SI3/K A 25.0 A 25.0 A 25.0 slt LOS U D U Ovcr.Jl LOS C C C Route 7& 1-81 NB R:unps/Vallcy Mill Road Signalized 1:13/1, li 115.0 li 198.0 li 155.0 1.13/1'-Lane I C 540.0 C 498.0 C 386.0 1i13/r-Lanc 2 Ii6/1? A 25.0 A 25.0 A 25.0 Till LOS C C C WI3/1- 1: 85.0 P 148.0 D I I LO Wfiff-Lille I It 202.0 C 403.0 C 26-1.0 \1'B!f-lane 2 \\Ef-lane 3 \\'f3ni A 25.0 A 25.0 A 25.0 \\'IS LOS IS C IS N13/1: Lane I C I(A.0 D 169.0 1) 15.1.0 NB/I: Ianc 2 NB/rR li 340.0 13 1 254.0 1) 229.0 Nit LOS U 1) D SB/I: lane I H 295.0 1)2.15.0 E 228.0 SB/I: lane 2 Sliff li 106.0 li 212.0 1)106.0 SI3/R A 25.0 A 25.0 A 25.0 SIS Los D U U Overall LOS C C C Route 7 & Martin Ianc- U llslgllalllCJ EIll1 EII/rlt \V Ill1--LAIC I NB/R Route 7 & Gateway Ddvc Slgnallzal 11B/I: Ianc I C •16.0 C 110.0 C 124.0 1:13/1: Ianc 2 I.13fl, Ianc I A 70.0 A 25.0 A 25.0 EB/I--lane 2 Ell LOS III A \VI3n-U 1) 34.0 1) 25.0 1) 34.0 W l/r-Ianc 1 13 321.0 C 505.0 C 126.0 \VBl1-Ianc 2 WBIR A 25.0 A 31.0 r1 1 27.0 SI3n: Line 1 1) 44.0 D 89.0 1) 84.0 SID Ianc 2 SIVR-Lanc 1 A 26.0 A 47.0 II 2 M.Lmc LOS C C C Met -all LOS It 1t IS Valley Mill Road & Dairy Corncr I'hrcc Unsignaliml E13 um C 25.0 C 25.0 D 25.0 WB/I-TR 11 25.0 13 25.0 C 25.0 NB/L A 25.0 A 25.0 A 25.0 Num A 25.0 A 25.0 A 25.0 SBn:rR A 25.0 A 25.0 A 25.0 ValleyMill Road & Martin Lanc Unsignalizcd \\'13n-R 11 25.0 I3 25.0 13 25.0 NBlrR - - - - Sf3/I:-TI A 1 25.0 1 A 25.0 1 A 25.0 ' A -lined 25 Icet Velode Length Nininuun queue length aseuncd to Ix 25 feet 1313 = lantbauul, \vB=Wembound, Nil = Northbound, Sit = Slllltllbnatld 1 : I-c0,'r: I'hru. R: Right A Traffic ln3nac•f Anal\'sis of Burns - Valley Mill Road Project Number: 15877-1-0 September 4, 2008 Page 16 • CONCLUSION U Based upon Synchro analysis results, assuming the suggested improvements as shown in Figure 9, all the study area intersections associated with the proposed Btu-ns - Valley Mill Road development will maintain acceptable level of service "C" or better during 2010 build -out conditions. The following describes the improvements suggested for each of the study area intersections to maintain acceptable levels of service "C or better during 2010 build -out conditions: • Route 7 (Berryville Pike)/I-81 NB Ramps/Valley Mill Road: This intersection will require a westbound through lane, a northbound ICft-tllrn lane and a southbound left - turn lane. {Suggested improvements are necessary without the proposed Burns - Valley Mill Road development to maintain levels Of service "C. } NOTE: Funding source for the aforementioned improvements have yet to be identified. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. A / U1111C MILHIC( AWMISIS O/ !Sla71S - Valley Mill 1(oaa Project Number: 15877-1-0 September 4, 2008 Page 17 • • is � a U o V rk O (Y O 9 < h o �> oq �r 6L f'- J d w J d� W ce w r a � g mzo 708` zoG a z0°'3 a z r t4 060021192� 0 rN TIUS DEED made and dated this 18°i day of October, 2006, by and between MATTHEW CARROLL and ROGER CARROLL, parties of the first put, hereinafter called the Grantors, and SVETLANA N.13URNS and DAVID M. I3URNS, her husband, party of the second part, hereinafter called the Grantees. WITNESSETII: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English Covenants of title unto the Grantees, in fee simple absolute, as tenants by the entirely with common law right of survivorship, all of the following described tract or parcel of land: All that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, improved by a dwelling designated 177 Valley Mill Road, Winchester, VirgHa 22602, and designated as Lot 31, Colonial Heights Subdivision, Section Two, as depicted on that certain plat of subdivision drawn by H. Bruce Edens, L.S., dated August 27, 1982, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0023012; AND BEING a portion of the same property conveyed to Matthew Carroll, Roger Carroll and Kirk Daubenspeck by Deed dated November 14, 2004, from David B. Holliday, of record in the aforesaid Clerk's Office as Instrument No. 04-0023750, and further being the same property of which a one third undivided interest was conveyed to Matthew Carroll and Roger Carroll by Deed dated December 29, 2004, from Kirk Daubenspeck, of record in the aforesaid Clerk's Office as Instrument No. 05-0000486. Reference is made to the aforesaid Deed and plat for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. Page I of X 0 0 • 0 w R'ITNESS the following signatures and seals. c7 W (SEAL) rA/17HIEEW�CARROLLO(SEAL) RRLL STATE OF VIRGINIA CITY OF W NCHESTER, TO -WIT I, e C T Dva�GC! a Notary Public in and for the State and jurisdiction aforesaid, do hereby ccrC Sat Matthew Carroll, whose name is signed to the f foregoing DEED dated the 18's day of October, 2006, has personally appeared before me and V acknowledged the same in my State and jurisdiction aforesaid. I "Tfl' Novea,betz. Given under my hand this-14;'b day oFGetober, 2006. I My Commission expires aP 10 I n OTA PUBLIC f�j. tw co , STATE OF VIRGINIA Y CITY OF WINCHESTER TO -WIT ` I, 416r4UE74Tr C,ZOy�_ a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Roger Carroll, whose name is signed to 6e foregoing DEED dated the 18`� day of October, 2006, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. --' qP1 '_1J6✓eo,(5ef_ Given under my hand this-W day of 0otober- 2006. My Commission expires Cvt NO T AR VUB'.*L"1C Page 2 of 2 VIRGINIA.- FR EDERICK COUNTY, SCr. 'Itla irauumcot of writing wu produced to me on and with ccrtifiate of acknowkdsemenl thereto annc=: L was admitted to rtoord. Tax imposed by Sea 5a.1•HOZ of S �5" �. and 58.1-801 have been paid, If auevtable c� ry UI 069019978 • THIS DEED made and dated this 18'h day of October, 2006, by and between MATTIIEW CARROLL and ROGER CARROLL, parties of the first part, hereinafter called the Grantors, and DAVID M. BURNS and SVETLANA N. BURNS, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETII: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby U o $ t acknowledged, the Grantors do hereby grant and convey with general warranty and English O I. > N 0 Covenants of title unto the Grantees, in fee simple absolute, as tenants by the entirety with m ` C o Y; w common law right of survivorship, all of the following described tract or parcel of land: G 'n C N H All that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, improved by a dwelling designated 115 Martin Drive, Winchester, Virginia 22602, and designated as I,ot 30, Colonial Heights Subdivision, Section Two, as depicted on that certain plat of subdivision drawn by H. Bruce Edens, L.S., dated August 27, 1982, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0023012; AND BEING a portion of the same property conveyed to Matthew Carroll, Roger Carroll and Kirk Daubenspeck by Deed dated November 14, 2004, from David B. Holliday, of record in the aforesaid a Clerk's Office as Instrument No. 04-0023750, and further being the same • �', property of which a one third undivided interest was conveyed to Matthew Carroll and Roger Carroll by Deed dated December 29, 2004, from Kirk Daubenspeck, 05-0000486. o' of record in the aforesaid Clerk's Office as Instrument No. Reference is made to the aforesaid Deed and plat for a more particular description of the property herein conveyed. 1� z 05 This conveyance is made subject to all easements, rights of way and O U o z s restrictions of record affecting the subject property. <`oo� mJ a z w x r x Page I of 2 0 • I 0 r ram: WITNESS the following signatures seals. f (SEAL) TI IIEW CA ROLL (SEAL) ROGER CARROLL STATE OF V IRGINIA CITY OF WINCI-TESTER, TO -WIT I, Y t E a Notary Pub..ic in and for tie State and jurisdiction aforesaid, do hereby certify that Matthew Carroll, whose name is signed to the ` foregoing DEED dated the 18' day of October, 2006, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my :aand Cris 18`' day of October, 2006. My Commission expires 13/ -07 _ � y •aoYn�r`�. e. NOTARYP ITC = PUBIff qr� OF V`P�\`,. STATE OF VIRGINIA CITY OF WINCHEST?;R, TO-Wi: I, K,- z�CYi!/ , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Roger Carroll, whose name is signec, to Cie foregoing DEED dated the 18°i day of October, 2006, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 18t' day of October, 2006. My Commission expires RGI,NJA: FREDE RICK C&*QWT1M1vA.LIC is inslruruent of Ivriting Was produced to me on 125550c kk%Ded c 1 ;::,,it 11,•crcto ann"cd l`.+V •..r csLJ,SI Sr;, 5S.i.802 of / & ODPage 2 of 2 1,nd581,501 hale b-n paid, if:,sscssablc. Clerk '00%tiIIUlpll w E. cj'%,. PUBLIC u'19T ....: u OF ,� ''"q,n nn10"' • • 0 0600191720 O O Ul THIS DEED made and dated tlris 18ie day of October, 2006, by and baween MATTHEW CARROLI, and ROGER CARROLL, parties of the first part, hereinafter called the Grantors, and DAVID W BURNS and SVETLANA N. BURNS his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of die sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English Covenants of title unto die Grantees, in fee simple absolute, as tenants by the entirety with common law right of survivorship, all of the following described tract or parcel of land: All that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and designated as Lot 32, Colonial Heights Subdivision, Section Two, as depicted on that certain plat of subdivision drawn by H. Bruce Edens, L.S., dated August 27, 1982, of record in dre Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0023012; AND TIEING a portion of the same property conveyed to Matthew Carroll, Roger Carroll and Kirk Daubenspcck by Deed dated November 14, 2004, from David B. Holliday, of record in the aforesaid Clerk's Office as Instrument No, 04-0023750, and further being the same property of which a one third undivided interest was conveyed to Matthew Carroll and Roger Carroll by Deed dated December 29, 2004, from Kirk Daubenspeck, of record in the aforesaid Clerk's Office as Instrument No. 05-0000486. Reference is made to the aforesaid Deed and plat for a more particular description of the property herein conveyed. This conveyance is made subject to all casements, rights of way and restrictions of record affecting the subject property. • • • •O I WITNESS the following signatures and seals. I i (SEAL) TTHEW CARROLL �Wep�� (SEAL) t ROGER CARROLL STATE OF VIRGINIA ? CITY OF WIN. C/I-IESTER, TO -WIT a Notary Public in and for die State and! jurisdiction aforesaid, do hereby certify that Matthew Carroll, whose mane is signed to the foregoing DEED dated the :.8'h day of October, 2006, has personally appeared before me and acknowledged the same in my Stale and jurisdiction aforesaid. Given under my hand this 18'h day of October, 2006. My Commission expires drTANOTARY 1 E_ PUBLIC 1- S i,Ai'I. OF VIRGINIA o` 1 CITY OF WINCHESTER, TO -WIT n,,yOFIliI'10 ` 1, c G-, // , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Roger Carroll, whose name is signed to the foregoing DEED dated the 18'h day of October, 2006, has personally appeared before me and � acknowledged the saute in my State and jurik.iction aforesaid. t Given under my hand this 18' day of October, 2006. My Commission expires ' k OTARY PUBLIC 12354 11-'A'D,,.1 Pu0Llr t/htiissGtinNt menu fDwrriting COUNTY, od d o me on -N��, OF /111111111++ ind with certificate of acknowledgement thereto annexed vas admitted to record. Tax imposed by Sec. 58.1-802 of i /90 00 , and 58.1-801 have been paid, if assessable e, � Clerk ViewDetail Real. Estate Public Inquiry Ticket Detail . 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 49520001 FRQ: 1 Sup#: 0 Name: BURNS DAVID M Account#: 44336 Name 2: BURNS SVETLANA M Map#: 54 A 112P Address: 1675 FORT BRADDOCK CT Description: LOT 30 .44 ACRE WINCHESTER VA 0 n l� 22601 Bill Date: 20080605 Due Date: 06105/2008 Page l of 1 Land: $49,500 Improve: $91,500 Use: Original Bill: $370.13 Payments: $370.13- Acres: 0.44 Penalty Paid: Int Paid: AInount Owed: Other: Last Date: 06/06/2008 Total Owed: Penalty: Interest: Note that it payment has been received within the last 10 business days, any returned items may not be posted at this time. Plcase check the wcbsite again. Date I'ypc Transaction it Amount Balance 6/5/2008 Charge 0 $370.13 $370.13 6/5/2008 Payment 30634 ($370.13) $0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous littps:Htaxes.co.fi•edcrick.va.us/Applications/REPubliclnquiry/ViewDetail.aspx 10/6/2008 ViewDetail • • Real Estate Public Inquiry Ticket. Detail • 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 49530001 FRQ: 1 Sup#: 0 Name: BURNS DAVID M Account#: 44337 Name 2: BURNS SVETLANA N 1VIap#: 54 A 112Q Address: 1675 FORT BRADDOCK CT Description: LOT 32 .47 ACRE WINCHESTER VA • 0 22601 Bill Date: 20080605 Due Date: 06/05/2008 Page 1 of 1 Land: $49,500 Improve: $95,500 Use: Original Bill: $380.63 Payments: $380.63- Acres: 0.47 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/06/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website a-ain. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $380.63 $380.63 6/5/2008 Payment 30631 ($380.63) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous littps://taxes.co.frederick.va.its/Applications/RCPubliclnquiry/ViewDetail.aspx 10/6/2008 ViewDetail • Page I of I Real Estate Public Inquiry Ticket. Detail • 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 49640001 FRQ: 1 Sup#: 0 NaIIIc: BURNS SVETLANA N Account#: 27762 Name 2: BURNS DAVID M Map#: 54 A 112D Address: 1675 FORT BRADDOCK CT Description: COLONIAL HEIGHTS - L31 S2 WINCHESTER VA .31 ACRE • • 22601 Bill Date: 20080605 Due Date: 06/05/2008 Land: $59,500 Improve: $92,400 Use: Original Bill: $398.74 Payments: $398.74- Acres: 0.31 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/06/2008 Total Owed: Penalty: Interest: Note that it'payment has been received within the last 10 business days, anv returned items may not be posted at this time. Please check the websitc a�,aln. Date Type 'Transaction 11 Amonnt 13aiance 6/5/2008 Charge 0 $398.74 $398.74 6/5/2008 Payment 30628 ($398.74) $0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frcderick.va.us/Applications/RCPubliclnquiry/ViewDetail.aspx 10/6/2008 • • V. SURVEY PLAT & DEED • 0 • VI. TAX TICKET 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. P -R A 117 East Piccadilly Street 1 \1 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: cc: 1\1 Orndorff Frederick County Public Schools Ron 1\fislowsky, P.E. February 19, 2010 Burns Property Rezoning — Valley Mill Road Dave Burns, Mike Ruddy, Chris Collins Memorandum I want to thank you for your letter of 26January 2010 regarding our rezoning case RL-07-09. We appreciate the School Board's support of the proposed rezoning and acknowledged those concerns that were highlighted. The County has asked that we obtain from the School Board a statement as to %vhether the 10 ft. dedication of right- of-way will be made to VDOT, should the Board of Supervisors approve our application. I understand this request should initially go to the Building and Grounds Committee meeting for their consideration and recommendation to the School Board. We request that our application be placed on their next meeting's agenda. If you need additional information from Lis to support and ald that review, please let Inc know. We look forward to meeting with the Building and Grounds Committee. Please advise us as to the date and time of that meeting and if you have any questions. • Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PWinchester, Virginia 22601 hRd-A T 540.667.2139 F 540.665,0493 To: Mike Ruddy, AICP Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: cc: Frederick County Planning and Development Patrick Sowers, AICP January 13, 2010 Burns Property— Revised Proffer 158277-1-0 Memorandum Please find attached an executed version of the revised Proffer Statement dated January 12, 2010 for the Burns Property rezoning application. The lone change to the Proffer Statement is revisions to Proffer 1.12 to address bonduig of the off site sidewalk across the Dowell J Howard frontage as well as a monetary contribution of $8,000 in lieu of the constriction of the off -site sidewalk should Frederick. County Public Schools choose not to dedicate the additional 10 feet of right of way required along Valley Mill Road within 5 years of the rezoning. The revised Proffer Statement incorporates the suggestions made by the County Attorney as provided to me yesterday. If you have any questions or wish to discuss please feel free to call me at (540) 667-2139. 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH"'N Winchester, Virginia 22601 T 540.667.2139 F 540.665.04930493 To: Mike Ruddy, AICP Organization/Company: F,-edetick CountvP From: Date: Project Name/Subject: PHR+A Project file Number: cc: Patrick Sowers, A, January 4, 2010 Burs Rezoning 15877-1-0 and Develo 01 nt Memorandum Please find attached a notarized version of the Burns Proffer Statement dated December 23, 2009. If you have any questions, please feel free to call me. Thanks. JINN 4 2009 0 L I COUNTY of FREDERICK Department of Planning and Development NOTIFICATION OF PUBLIC MEETING March 10, 2010 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) 540/665-5651 FAX: 540/665-6395 RC: REZONING APPLICATION #07-09 FOR BURNS PROPERTY — VALLEY MILL ROAD On behalf of the Frederick County Board of Supervisors, you are' hereby notified of a public meeting being held on Wednesday, March 24, 2010, 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 #07-09 of the Burns Property — Valley Mill Road, submitted by Patton Harris Rust & Associates, to rezone 1.26 acres from RP (Residential Perfornlana.) District to B2 (General Business), with proffers, for Commercial Uses. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, i,l the Red Bud Magisterial District, and are identified by Property Identification Numbers 54-A-1 12Q, 54-A-1 12D and 54-A-112P. A copy of the application will be available for review at the I-Iandley Library and the Bowman Library the week of the meetin;;, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. `( ou can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ce l y Pat the attached correspondence wo mailed to the following on !o /a front ilie Department of Planning and Development, Frederick CountS,, Virginia: David & Svetlana Burns 1675 Fort Braddock Ct. Winchester, VA 22601 Patton Harris Rust Associates, PC 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 Eastside Holdings, LLC PO Box 31 Winchester, VA 22604 Frederick County School Board PO Box 3508 Winchester, VA 22604 Francis Kyscla 130 Windy Hill Ln. #W5-12 Winchester, VA 22602 220 Seafood Restaurant, LLC 238 Hanging Tree Rd. Winchester, VA 22603 Harry Hamilton, Jr. 113 Plainfield Dr. Winchester, VA 22602 �1A1Ly.� vitctYtJc1A COUNTY OF FREDERICK Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department j &&6A— s , a Notary Public in and for the State and County aforesaid, do b6kcby certify that I\ ' chael T. Ruddy, Deputy Planning Director for the Department of Planning aiJ Development, whose name is signed to the foregoing, dated 3 to /p , has personally appeared before me and acknowledged the same in my State and. County aforesaid. Given under my hand this /o day of My commission expires on f BEVERLY IS p #E LINg g NOTARY PUBLIC NOTEALV OF VIBGINIA COMMONW EXPIRES JULY 31, 2011 MY COMMISSION C4.10A-6 -7/. ",/-ZL) NOTARY P LIC Va COUNTY of FREDERICK 1Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MELTING February 2, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 407-09 FOR BURNS PROPERTY — VALLEY MILL ROAD On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, February 10, 2010, at 7:15 pan. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 1707-09 of the Burns Property — Valley Mill Road, submitted by Patton Harris Rust & Associates, to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business), with proffers, for Commercial Uses. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54-A-1 12Q, 54-A-1 12D and 54-A-112P. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r� LJ • COUNTY of FREDERICK Department of Planning and Development s40/66s-s6sl FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 30, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #07-09 FOR BURNS PROPERTY — VALLEY MILL ROAD On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, Januaiy 13, 2010, 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 07-09 of the Burns Property — Valley Mill Road, submitted by Patton Harris Rust & Associates, to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business), with proffers, for Commercial Uses. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54-A-112Q, 54-A-112D and 54-A-112P. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, - Michael T. Ruddy, AICP Deputy Planning Director M RT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify Pat the attached correspondence w� mailed to the following on from il-)e Department of Planning and Development, Frederick Count),, Virginia: David & Svetlana Burns 1675 Fort Braddock Ct. Winchester, VA 22601 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Eastside Holdings LLC PO Box 31 Winchester, VA 22604 Frederick County School Board PO Box 3508 Winchester, VA 22604 Francis Kysela 130 Windy Hill Ln. #W5-12 Winchester, VA 22602 220 Seafood Restaurant LLC 238 Hanging Tree Rd. Winchester, VA 22603 STATE OF VIRGIN-I.A. COUNTY OF FREDERICK Harry Hamilton, Jr. 113 Plainfield Dr. Winchester, VA 22602 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC This is to certify Oat the attached correspondence wo mailed to the following on from the Depa-rtment of Planning and Development, Frederick County, Virginia: 54 - A- - 112.0. BURNS DAVID M BURNS SVETLANA N 1675 FORT BRADDOCK CT WINCHESTER VA 22601.2051 Patton Harris Rust Associates, PC 117 C. Piccadilly Street, Suite 200 Winchester, VA 22601 54F - 3- - A-1 EASTSIDE HOLDINGS LLC PO BOX 31 WINCHESTER VA 22604.0031 54 - A- - 114- FREDERICK COUNTY SCHOOL BOARD PO BOX 3508 WINCHESTER VA 22604.2546 54 - A- - 112-J KYSELA FRANCIS JOSEPH 130 WINDY HILL LN /# W5.12 WINCHESTER VA 22602 54 - A- - 112-C 220 SEAFOOD RESTAURANT L L C 238 HANGING TREE RD WINCHESTER VA 22603.3401 54 - A- - 112-K HAMILTON HARRY T JR 113 PLAINFIELD DR WINCHESTER VA 22602 ILI Cu--- L 2, Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department , STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planiping anc Development, whose name is signed to the foregoing, dated jot '5 O `� , has personally appeared before me and acknowledged the same in my StA and County aforesaid. Given under my hand this ,,-� day of C-Q1vt- l� (Do? My commission expires on (�PLe ��-u 0 0 a NOTARY PUBLIC 3,5 g q r) cl 79-- LJ LJ COUNTY of FREDERICK Department of Planning and Development 540/665-565I FAX: 540/665-6395 NOTIFICATION OF PUBLIC MLFTING November 20, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-09 FOR BURNS PROPERTY — VALLEY MILL ROAD On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, December 2, 2009, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 407-09 of the Burns Property — Valley Mill Road, submitted by Patton Harris Rust & Associates, to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business), with proffers, for Commercial Uses. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54-A-1 12Q, 54-A-1 12D and 54-A-1 12P. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Ken! Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael f. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • This is to certify that the attached correspondence was mailed to the following on /,_�0 / n qfrom the Department of Planning and Development, Frederick County, Virginia: 112 K 54 -A- - 11241 BURNS DAVID M BURNS SVETLANA N 1675 FORT BRADDOCK CT WINCHESTER VA 22601.2851 Patton IIarris Rust Associates, PC 117 C. Piccadilly Street, Suite 200 Winchester, VA 22601 54F - 3- - A-1 EASTSIDE HOLDINGS LLC PO BOX 31 WINCHESTER VA 22604.0931 54 - A- - 114- FREDERICK COUNTY SCHOOL BOAh., PO BOX 3508 WINCHESTER VA 22604-2546 54 - A- - 112-J KYSELA FRANCIS JOSEPH 130 WINDY HILL LN 1t W5.12 WINCHESTER VA 22602 54 - A- - 112-C 220 SEAFOOD RESTAURANT L L C 238 HANGING TREE RD WINCHESTER VA 22603.3401 STATE OF VIRGINIA COUNTY OF FREDERICK 54 . A- - HAMILTON HARRY T JR 113 PLAINFIELD DR WINCHESTER VA 22602 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department i I �v a Notary Public in and for the State and County aforesaid, d reb ey kcer"tiif�ytthaMichael T. Ruddy, Deputy Planning Director for the Department of Plamung d Development, whose name is signed to the foregoing, dated /- , has personally appeared before me and acknowledged the same in my State'and County aforesaid. Given under my hand this day of 7%'l��/iy�U� szo My commission expires on 3 BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF V11i.GINIA MY COMMISSION EXPIRES JULY 31, 2011 NOTAR UBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 25, 2009 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-09 I -OR BURNS PROPERTY —VALLEY MILL ROAD On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 7, 2009, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 407-09 of the Burns Property — Valley Mill Road, submitted by Patton Harris Rust & Associates, to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business), with proffers, for Commercial Uses. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54-A-112Q, 54-A-1 12D and 54-A-112P. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, / Michael T. Ruddy, AICP Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Tills is to certy�y • t the attached correspondence Nvaamailed to the folio«ring on �U from the Department of Planning and Development, Frederick County, Virginia. 54 - A• 112-K 54 - A- - 112.0 BURNS DAVID M BURNS SVETLANA N 1675 FORT BRADDOCK CT WINCHESTER VA 22601.2851 Patton Harris Rust Associates, PC 117 C. Piccadilly Street, Suite 200 Winchester, VA 22601 54F - 3- - A-1 EASTSIDE HOLDINGS LLC PO BOX 31 WINCHESTER VA 22604.0031 54 - A- - 114- FREDERICK COUNTY SCHOOL BOARD PO BOX 3508 WINCHESTER VA 22604.2546 54 -A- - 112-J KYSELA FRANCIS JOSEPH 130 WINDY HILL LN # W5.12 WINCHESTER VA 22602 54 . A• . 112-C 220 SEAFOOD RESTAURANT L L C 238 HANGING TREE RD WINCHESTER VA 22603.3401 HAMILTON HARRY T JR 113 PLAINFIELD DR WINCHESTER VA 22602 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGEgA COUNTY OF FRE DERICK l a Notary Public in and for the State and County aforesaid, do&reby certify that Micl el T. Ruddy, Deputy Planning Director for the Department of Pl n d Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this day of My commission expires on L - BEVERLY H, DELLINOW NOTARY ID # 331876 NOTARY PUBLIC COMMONWEALTH OF VIR0111NIA MY COMMISSION EXPIRES JULY 31 . 2,:'• i NOTARY UBLIC o1-7-0g • q - lkl, �2ia,ii P Adjoining Property Owners Rezoning • TO: BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print q_ sets of labels by THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Eastside Holdings LLC P.O. Box 31 Property #: 54F-3-Al ✓ Winchester, VA 22604 Name: Frederick County School Board P.O. Box 3508 Property #: 54-A-114 1 Winchester, VA 22604 Name: Edward Spence 115 Canyon Rd Property #: 54-A-112J ✓ Winchester, VA 22602 Name: Property #: 220 Seafood Restaurant LLC 54-A-112C ✓ 238 Hanging Tree Rd Winchester, VA 22603 Name: Eastside Holdings LLC P.O. Box 31 Property #: 54F-3-A2 Winchester, VA 22604 Name: Eastside Holdings LLC P.O. Box 31 Property #: 54F-A-30 t--- Winchester, VA 22604 Name: Edward Spence 115 Canyon Rd Property #: 54-A-112K `� Winchester, VA 22602 Name: Edward Spence 115 Canyon Rd Property #: 54-A-1120 Winchester, VA 22602 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Pro ert #: 0 4 IU. . 0 oit 10.01. 2009 0 i w 19 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDFRICK COUNTY, VD2GINIA GIS, MAPPING, GRAPHICS WORKR-EQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: 1 11al - REQUESTING AGENT: Department, Agency, or Company:_= Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write p1NS FAX: information on back of request) FzID/J IM6- e�)7 i L Irj 5 - -r1,6� sy-4- Ilan '4-h-I►-)�-p DIGITAL: PAPER:__ FAX:=`'ZAE': SIZES: NUMBER OF COPIES: COLOR: _ BLACVWHITE:_-- STAFF MEMBER: HOURS REQUIRED: - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT PAID: . AMOUNT BILLED: CHECK NO.# METHOD OF PAYMENT: Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd d is 0