HomeMy WebLinkAbout18-06 Comments 2i
Woodside Commercial Center / ".. )()T Comments to Rezoning Application Page 1 of
Eric Lawrence 7
From: Funkhouser, Rhonda [ Rhonda. Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd.Ingram @VDOT. Virginia.gov]
Sent: Thursday, February 08, 2007 8:24 AM
To: greyWolfelnc @aol.com
Cc: elawrenc @co.frederick.va.us, Copp, Jerry; Ingram, Lloyd
Subject: Woodside Commercial Center - VDOT Comments to Rezoning Application
Mr. Oates,
This office has reviewed your application submittal for the Woodside Commercial Center Rezoning dated June
13, 2006 (revised January 26, 2007) and offers the following comments.
The revised proffers do address VDOT's concern about the timing of the construction of the right turn lane at
Woodside Road, Route 671.
Our previous concerns remain a part of this review:
• Under the Transportation Proffers offered, VDOT is agreeable with Proffers A, B, C, D and F. Under Item
E, which calls for a prorata signalization agreement, the Residency would prefer a significant lump sum
contribution to Frederick County towards the Route 672/11 intersection improvements.
• As part of our report to the County, we will have to note "The Conclusion" as stated in your TIA: The
intersection of Route 11, Hopewell Road and Brucetown Road will maintain unacceptable level of service
during the 2010 background and buildout conditions. While the report suggests signalization and
separate east bound right turn lanes would improve the level of service to "C" or better, due to current
right -of -way restraints, these improvements are not possible. Therefore, it will be the County's decision
whether they wish to approve this rezoning and thereby adding additional traffic to this already failing
intersection.
Thank you for the opportunity to comment on this proposal.
Lloyd A. Ingram
Transportation Engineer
VDOT — Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984 -5611
(540) 984 -5607 (fax)
2/8!2007
FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
TO: Finance Department
MEMORANDUM
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: March 29, 2007
The amount of $50.00 was deposited in line item 93- 010 - 019110 -0008 for the company named
below had a deposit for one sign for Rezoning #18 -06 for Woodside Commercial Center. The
company has returned the sign and is therefore entitled to the return of the deposit. You may pay
this through the regular bill cycle.
Please send a check in the amount of $50.00 to:
RSA/pd
Silverwolfe LLC
1073 Redbud Rd
Winchester, VA 22603
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
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RICK COUNTY
LLIAM ORNDOFF, JR
BOX 225
STER VA 22604 -0225
F kb hebes` �J SIGN DEPOSITS PLANNING
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Ticket #:00005580001 a
Date : 11/14/2006
Register: BCC /BC
Trans. #: 62739
Dept # 1095
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Previous
Balance $ 100.00
Principal Being Paid $ 100.00
Penalty $ .00
Interest $ .00
Amount Paid $ 100.00
* Balance Due $ .00
Pd by PLANNING Check 27825.50 # VARIOUS
BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 11/2006
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NOV 9 2006
TRANSMITTAL LETTER
GREYWOLFE INC.
1073 REDBUD ROAD a WINCHESTER, VA 22603
(540) 667 -2001 0 (540) 545 -4001 FAX c — �►®
GREYWOLFEINC@AOL.COM '!
Frederick County Planning & Development November 9, 2006
107 North Kent Street
Winchester, VA 22603
Attn: Candice E. Perkins
Subject: Woodside Commercial Center
Dear Sir:
Attached are revised proffer statements for the rezoning and responses to your
comments are below.
The County's B -3 zoning district (Industrial Transition) was created to buffer
between commercial and industrial uses. I disagree that commercial aspects
of the B -3 zoning district should be proffered out since that would leave only
M -1 (Industrial) uses. The commercial uses in B -3 such general offices
should remain since they create the "transition ". Secondly, this a relatively
small site not suited for large scale buildings and truck traffic that is entailed
with "industrial- only" parks.
The level of service C is not provided. The property value of this
development is nowhere near large enough to construct the new intersection
of Hopewell Road and Route 11. The proposed cash proffer offered based
this development's impact will to have suffice, otherwise all commercial
development on this corridor will not happen until a large enough project
comes sometime in the future and that can construct the intersection.
3. Additional lanes on Route 11, other than the 12' lane proffered, may be
required in the future. However, this will be based on the trips generated
and the VDOT regulations in place at that time. Should a turn lane be
necessary, VDOT will require it be designed and built at the site plan phase.
4. There are not any proposed uses at this time; therefore, since the traffic is
below level of service C, we have computed the traffic based on 75,000 sf of
retail per the rezoning application.
5. The consultant is revising the Traffic Impact Analysis to include the projects
you listed.
6. The Traffic Impact analysis now shows an aligned intersection at Hopewell &
Brucetown Road. This is a much better design that will solve the
transportation issues instead of just improving enough to maintain a level of
service C.
7. The amount of money needed to build the aligned intersection is more than
the market value of this project once it is rezoned. Therefore, we are unable
to build it. However, the proffer of $100 per trip insures that we are
contributing our fair share to this goal.
S. I have removed the bonding portion from proffer #lb -c per your comment.
9. I maintain that the uses allowed in B -3 need to stay in place. The proximity
of residences and Route 11 makes it more desirable to see general offices
than a manufacturing plant. I think a B -1 or B -2 zoning would fit in better in
this area. However, the Comprehensive Plan does indicate commercial west
of Route 11 and industrial east.
10. As stated in the comment, "the zoning ordinance requires landscaping ". I
do not see the need to proffer something that is already required. However I
have proffered the required landscaped buffer as require in the ordinance.
11. Proffer #8 has been revised to include restrictions of not only parking but
outdoor storage and driving lanes other than the entrance. I also added that
any required fire lanes in the front yard will have to be grass covered.
12. The single monument sign has been limited to a maximum height of 12' and
a maximum area of 100 sf.
13. Agency comments are attached.
14.The submission fee is attached.
Thank you,
Gary R. Oates, LS -B, PE
GreyWolfe, Inc
0
COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street, Suite 202 o Winchester, Virginia 22601 -5000
Telephone: 540/665 -5651 FAX: 540 /665 -6395
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FAX #: 5 0 5 ( 4 5 �-) y 0 1
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Oct.19, 9:51AM 1 540 545 4001 G3TES 1 "25" P. 4 OK 4807
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TRANSMITTAL LETTER
;,\, GREYWOLFE,, INC. J�,
1073 REDBUD ROAD • WINCHESTER, VA 22603 Ao
(540) 667 -2001 • (540) 545 -4001 FAX
GREYWOLFEINC@AOL.COM
,
Frederick County Planning & Development September 21, 2006
107 North Kent Street
Winchester, VA 22603
Attn: Candice E. Perkins
Subject: Woodside Commercial Center
Dear Sir:
Attached are revised proffer statements for the rezoning and responses to your
comments are below.
1. The northeast land use plan designates the western side of Route 11 for
commercial uses and the eastern side for industrial uses. The County's B -3
zoning district (Industrial Transition) was created to "buffer between these
uses. I am using the B -3 district because:
a. This site can not make use of the railroad behind it that was the
driving force for industrial uses on the eastern side of Route 11 and
along the railroad.
b. There are two residences within close proximity; therefore, an M -1
zoning would be undesirable for them.
c. The property lies between Route 11 and the most intense industrial
uses in our County, the Quarry and a concrete plant. Therefore a
"transitional area" seems to make sense.
d. The size of this parcel would not lend itself well to an industrial park
with a lot of truck traffic.
2. The entrance along Route 11 in needed in order to subdivide this lot in the
future. Also, since we are providing the inter - parcel connector, the adjoining
property will be able to utilize our entrance and not build on for their five
/ acres. The screening and buffer along Route 11 is accomplished by
restricting parking lots between Route 11, installing a split rail fence, and
reducing signage to one monument style sign. Furthermore, this will
continue the appearance along Route 11 that started with the approved
rezoning across Route 11.
3. The Traffic Impact Analysis indicated the level of service for this area will
drop below level C whether this plan is approved or not.
0 0
4. All plans will be sent to VDOT for review.
Items 5 thru 8 relate to the Traffic study, in our meeting on September 12,
you indicated that Mike Glickman, with Patton, Harris, & Rust, had revised
the study and you were acceptable with it. Please let me know if that is not
the case.
9. The site will have two lots fronting Route 11, two fronting Route 671, and
one lot at the corner. I have revised the proffer to state the improvement
constructed or bonded when the first building applies for an "occupancy
permit'.
10. The proffers eliminating or reducing particular uses has been revised. We
are still excluding gasoline stations /truck stops. I have increased the use of
"Amusement and recreational services operated indoors" to 10,000 sf because of
a potential interest of a gym (national chain). The restriction to 10,000 sf is to
keep a "Sportsplex" out. The other uses will be left in place. I am doing this
for two reasons:
1. The revised proffer for cash contributions for offsite road
improvements is linked to traffic counts. The purpose of
reducing the floor areas of certain uses was to lessen the
impact from high traffic counts. Now higher traffic counts
will be accounted for with cash.
2. The purpose of using B -3 was to allow many of these uses
as a "transition" to the industrial uses further east. If we
were to exclude all uses except the industrial component,
then we are back to M -1 zoning. The positive point of B -3 is
we could have a restaurant, offices, or flex -tech along Route
11 and warehousing further away.
11.I do not agree building mounted signs should be eliminated along Route 11.
I would agree that we should reduce their size. I have included a restriction
of no more than eight square feet per business. That way a building with
more than one tenant could place their name or logo on an awning or door.
12. The proffer for money to Clear Brook Fire and Rescue has been eliminated
and the money to Frederick County Fire & Rescue increased from $0.05 to
$0.10 per square foot.
13. Agency comments. I am still awaiting comments from Public Works, Clear
Brook Fire and Rescue, and Bob Mitchell.
14. Fee. A check for $3,883.50 will be paid at submission.
Thank you,
Gary R. Oates, LS -B, PE
Grey Wolfe, Inc
NCO
COUNT o FREDERICK
Department of Planning and Development
540/665 -5651
_. FAX: 540/665 -6395
MEMORANDUM
TO: Robert T. Mitchell, Esquire
FROM: Susan K. Eddy, AICP, Senior Planner 5<E
RE: Rezoning Application Proffer Statement
DATE: June 20, 2006
Please find attached to this memorandum the proffer statements for the Woodside Commercial
Center rezoning application that has recently been submitted to the Department of Planning &
Development. The rezoning application appears to be relatively close to being complete. Therefore,
it is appropriate at this time for your office to provide a formal comment on the form and content of
the proffer statement.
Thank you for your continued assistance.
cc: John R. Riley, Jr., County Administrator
Attachment
ent
SKE /bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
MIGME
Department of Planning and Development
540/665.5651
FAX: 540 /665 -6395
August 4, 2006
Mr. Gary Oates
GreyWolfe, Inc.
1073 Redbud Road
Winchester, VA 22603 -4757
RE: Proposed Rezoning of Woodside Commercial Center
Dear Gary:
I have had the opportunity to review the draft rezoning application for the Woodside
Commercial Center. This application seeks to rezone 8.835 acres from RA (Rural Areas)
District to the B3 (Industrial Transition) District. Staffs review comments are listed
below for your consideration.
1. Northeast Land Use Plan. The site is within the limits of the Northeast Land
Use Plan, and designates the site for industrial use. The plan further states that
"Industrial land uses are proposed adjacent to the railroads in the southern and
northern portions of the study area". The 133 Zoning District is an industrial
transition district and is generally consistent with the Northeast Land Use Plan as
it relates to this site on Martinsburg Pike, so long as many of the commercial uses
allowed in the 133 district are prohibited from this site.
2. Northeast Land Use Plan. The Northeast Land Use Plan discourages individual
lot access on the Martinsburg Pike corridor, encourages inter - parcel connections,
and recommends adequate screening from adjoining laird uses and recommends
greater setbacks and buffers and screening along Martinsburg Pike. The proffer
statement submitted does address screening of the adjoining RA residential
properties; but does not address screening or access along Martinsburg Pike. The
proffers state that only one entrance will be permitted onto Martinsburg Pike;
since this site has adequate road frontage on Woodside Road, which the applicant
is proposing to improve, the only access onto this site should be from Woodside
Road and access onto Martinsburg Pike should be prohibited.
3. Northeast Land Use Plan. The plan calls for Level of Service Category C or
better for proposed industrial and commercial development. This application
does not provide that Level of Service.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Page 2
Mr. Gary Oates
RE: Proposed Rezoning of Woodside Commercial Center
August 4, 2006
4. Northeast Land Use Plan. The plan calls for improving Martinsburg Pike
(Route 11 North) to a four -lane facility. The applicant has proffered to construct
a 12' lane along the road frontage for this site, as well as dedications for Route I I
and Woodside Road. The applicant will need to work with VDOT to ensure this
meets the ultimate requirements for Route 11 North.
5. Impact Assessment Statement — Proposed Uses. The application states the
rezoning is for 133 (Industrial Transition) uses and the TIA is based on 75.000
square feet of heavy industry. Heavy Industry is not allowed in the 133 District. It
is only allowed in the M2 (Industrial General) District. Furthermore, unless a
specific use is proffered, the County will assume the maximum possible
development (retail) as per the County's rezoning application, combined with the
proffered floor space. The applicant will need to base the TIA and all analysis on
what is actually proffered with the development, which includes 75,000 square
feet of floor area with various uses (restaurant, etc.). Basing the TIA on heavy
industry is not acceptable.
6. Traffic Impact Analysis. As stated previously, the Northeast Land Use Plan
calls for Level of Service C or better. Even with the suggested improvements in
the TIA, Level of Service C is not provided. Furthermore, the TIA suggested
improvements include signalization and an eastbound left turn lane at the
intersection of Route d l /Hopewell Road /Brucetown Road. Only a pro -rata share
of the signalization is proffered. The turn lanes are not proffered.
7. Traffic Impact Analysis (Background). The background information provided
in the TIA for Woodside Commercial Center does not include the recently
approved Clearbrook Business Center rezoning, as well as the North Stephenson
Rezoning (Omps). Also, the numbers provided for the Rutherford's Farm
Rezoning (background — 500,000sf) do not appear to match what is associated
with the rezoning. The original M1 rezoning was proffered at over 1.4 million
square feet of floor area (9 average daily trips (ADT)) and the subsequent
rezoning of a portion of this site to 132 /133 added another 2,368 ADT. Correct
errors.
8. Traffic Impact Analysis (Levels of Service). Figure 9 of the submitted TIA
shows that the Route l I /Hopewell Road /Brucetown Road will be able to achieve
acceptable levels of service with the suggested improvements. These levels of
service are better than what was projected with the Clearbrook Business Center
rezoning TIA and appear incorrect.
9. Proffer Statement ( #lb -c). Proffer lb states that the additional lane along Route
11 will be built prior to occupancy of any building accessing Route 11.
♦h
Page 3
Mr. Gary Oates
RE: Proposed Rezoning of Woodside Commercial Center
August 4, 2006
Potentially, if all buildings access Woodside Road, the additional Route 11 lane
would never be required. This lane should be built prior to occupancy of anything
on the site. Proffer I has a similar situation to 1b, and the paving of Route 671
should also be done prior to occupancy of anything on the site.
10. Proffer Statement ( #4 -9). The applicant has proffered to prohibit gasoline
service stations and truck stops and proffers a limited floor space of uses like
restaurants, warehousing, hardware stores and recreational services. Since the
Comprehensive Plan calls for this site to be used for industrial uses, general
business offices should be proffered out as well as some of the uses for which
you limited the square footage.
It. Proffer Statement ( 411). The proffer that pertains to signage states that the
applicant will not install any signs along Martinsburg Pike other than one
monument sign. Building mounted signs that face Martinsburg Pike should be
prohibited as well.
12. Monetary Contributions. The proffers state that the Clearbrook Fire & Rescue
Department will receive $0.05 per building square foot. Proffers carmot be made
to individual companies; all proffers need to be directed to Frederick County Fire
& Rescue.
13. Agency Comments. Please provide appropriate agency comments from the
following agencies: Historic Resources Advisory Board, Virginia Department of
Transportation, Frederick County Department of Public Works, Frederick County
Fire Marshall, Frederick County Department of Parks and Recreation, Frederick
County Sanitation Authority, Frederick - Winchester Health Department,
Clearbrook Fire and Rescue Company and the Frederick - Winchester Service
Authority. The proposed proffers have been forwarded by staff to the Frederick
County Attorney. Once attorney comments are received by the Planning
Department, they will be forwarded to your office. Attorney comments are
required for acceptance of the rezoning application.
14. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per
acre, and a $50.00 public hearing sign fee. Thus, a total of $3,883.50 is due upon
submission of the official rezoning application. This is based on fees as of
January 27, 2005. Fees may change.
Page 4
Mr. Gary Oates
RE: Proposed Rezoning of Woodside Commercial Center
August 4, 2006
All of the above comments and reviewing agency comments should be appropriately
addressed before staff can accept this rezoning application. Please feel free to contact me
with questions regarding this application.
Sincerely,
G cL
t
Candice E. Perkins
Planner II
Attachments
CEP /bad
2010 BACKGROUND CONDITIONS
Based upon the VDOT (Virginia Department of Transportation) historical average
daily traffic data (between years 2002 and 2004) for Route 11 within the vicinity of the site,
a growth rate of 3.5 % was calculated and applied to the existing traffic volumes (shown in
Figure 2) to obtain the 2010 base conditions. Additionally, PHR +A included specific
future developments located within the vicinity of the proposed site. Using the 7 Edition
of the Institute of Transportation Engineers' (ITE) Trio Generation RepofT PHR +A has
provided Table 1 to summarize the 2010 "other developments" trip generation.
Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes
at key locations throughout the study area network. Figure 5 shows the respective 2010
background lane geometry and AM/PM peak hour levels of service. All HCS+ levels of
service worksheets are included in the Appendix section of this report.
Table 1
2010 Background Developments
Trin Generation Summary'
Code Land Use
_ --
Amount
- �-
AM Peat Hour
AM
out
Total
In
PM Peat Hour
Out
Total
ADT
Sempeles Property'
Industrial Park
898,425 SF
459
101
559
154
580
734
5.204
130
820 Retail
73,500 SF
79
51
130
245
266
511
5,559
Total
( 538
151
689
399
845
1,245
10,763
i
Rutherford's Farm Industrial Park
90
337
427
3,228
130 Industrial Park
500, sF
292
64
356
Total
292
64
356
90
337
427
3,228
Stephenson Village
40
120
160
137
77
214
2,14
210 Single -Family Detached
215 units
63
56
28
84
220 Apartment
120 units
10
53
72
87
71
35
107
1,697
230 Townhouse/Condo
195 mots
15
4
52
86
2 53
251 Elderly Housing - Detach
133 units
17
30
31 1
lu
Elderly Housing - Attach
36 units
2
1
Total
83
276
359
321
172
493
5,351
E Assumed 50% build-out for Year 2010
r�
`t0�iy
A Traffic Impact Analysis of the Woodside Commercial Center
P I ---J l Project Number: a 12, 2 1-0
1 l
June 12, 2006
Page 5
1 1
Figure 9 2010 Build -out Lane Geometry and Levels of Service
A T impact Analysis of the Woodsid Com mercial Center
Prgect Number. a 1 2 , 20 6
H +
J 12, e 12
Page 12
T s D Unsignalized Critical Moveme
r A D enotes two -way left turn lane
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4 lGK C H91�? CAR T TURICK
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
October 24, 2006
Mr. Gary Oates
GreyWolfe, Inc.
1073 Redbud Road
Winchester, VA 22603 -4757
RE: Proposed Rezoning of Woodside Commercial Center
Dear Gary:
Attached you will find a copy of the review comments from the County Attorney's office
concerning the proposed proffer statement for the rezoning of Woodside Commercial
Center.
Please do not hesitate to contact roe should you have any questions or concerns.
Sincerely.
Candice E. Perkins
Planner II
CEP /bad
Attachment
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Telephone: 5401665 -5651 FAX: 5401665 -6395
� _L J y iLw
Date: l 02 0
Number of Pages (including cover sheet)
Remarks:
From the desk of:
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File
Date Time Destination Mode TXtlme Page Result User Name No.
----------------------------------------------------------------------------------------------------
Oct.24. 8:31AM 1 540 545 4001 G3TES) 106" P. 5 OK 4837
# . Batch M Memory L . Send later @ Forwardlne
E ECM S Standard D Detail F Fine
. Reduction LAN —Fa. + Delivery 0 RX Notice Req.
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