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HomeMy WebLinkAbout02-07 Application/Staff ReportFILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 July 5, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste.200 Winchester, VA 22601 RE: REZONING #02 -07, EASTGATE COMMERCIAL Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 25, 2007. The above - referenced application was approved to rezone 10.65 acres from RA (Rural Areas) District to B2 (General Business) District and 8.23 acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial uses. The subject properties are located west of Front Royal Pike (Route 522 South), immediately north and south of Maranto Manor Drive, and are identified with Property Identification Numbers 87 -A -34, 87- A -34B, 87 -A -35, 87 -A -36, 87 -A -37 and 76 -A -53 in the Shawnee Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. This letter replaces letter dated April 26, 2007. Sincerely, u Candice E. Perkins, AICP Planner 11 CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 I April 26, 2007 1 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste.200 Winchester, VA 22601 JER651 Department of Planning and Development 540/665 -5651 FAR: 540/665 -6395 RE: REZONING 402 -07, EASTGATE COMMERCIAL Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 25, 2007. The above - referenced application was approved to rezone 10.65 acres from RA (Rural Areas) District to B2 (General Business) District and 8.23 acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial uses. The subject properties are located west of Front Royal Pike (Route 522 South), immedia y north and south of Maranto Manor Drive, and are identified with Property Identification Numbe 84 A -34, 87- A- 34B,(8A -35, 87 -A -36, � �� 87 -A -37 and 76 -A -53 in the Shawnee Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice E. Perkins, AICP Planner II NW 1 Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Wrights Run, LP, 2800 S. Shirlington Rd., Ste. 803, Arlington, VA 22206 Steven & Mary Ritter, 3022 Front Royal Pike, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 REZONING APPLICATION #02 -07 EASTGATE COMMERCIAL Staff Report for the Board of Supervisors Prepared: April 19, 2007 Staff Contact: Candice E. Perkins, Planner 11 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. 'Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/21/07 Recommended Approval Board of Supervisors: 04/11/07 Public Hearing Held; Action postponed 14 daysjat applicant's request Board of Supervisors: 04/25/07 Pending I PROPOSAL To rezone 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and 8.23 acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial uses. LOCATION The properties are located west of Front Royal Pike (Route 522 South), immediately north and south of Maranto Manor Drive. MAGISTERIAL DISTRICT Shawnee PROPERTY 1D NUMBERS: 84 -A -34, 87- A -34B, 84-A-35,87-A-36,87-A-37 and 76 -A -53 PROPERTY ZONING RA (Rural Areas) District and B3 (Industrial Transition) District PRESENT USE Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) Use: Vacant Rezoning #02 -7 — East.-ate Commercial April 19, 2007 Page 2 RA (Rural Areas) Residential/Vacant South: M1 (Industrial General) Use: Home Depot RA (Rural Areas) Residential /Agricultural East: B2 (Business General) Use: Vacant RA (Rural Areas) Residential N/A Route 522 West: M1 (Industrial General) Use: Vacant B2 (Business General) Use: Vacant RA (Rural Areas) Residential PROPOSED USES Commercial uses REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 and 642. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Eastgate Commercial rezoning application dated November 13, 2006, revised February 21, 2007, addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance design, drainage features, and traffic flow data from the I.T.E. Trip General 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. Fire Marshal Plan approval recommended. Public Works Department: Refer to Site Suitability: Provide this office with a copy of the wetlands study referenced under environmental features at the time of the master development plan (MDP) submittal or prior to the subdivision of the detailed site plan if a master development plan is not required. Refer to F. Site Drainage: The method proposed for stormwater management shall be defined in the MDP submission. Considering the layout of the proposed rezoning and previously rezoned B2 property, we suggest that regional stormwater management be evaluated for the proposed commercial development. Department of Inspections: No comment required at this time. Shall comment on site plans when submitted. Sanitation Authority We will provide sewer and water service to this site. Frederick - Winchester Health Department: Health Department has no objection to the request as stated so long as existing or proposed drainfields and wells are not negatively impacted. 0 0 Rezoning 902 -7 — Eastgate Commercial April 19, 2007 Page 3 Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon buildout. Winchester Regional Airport: The proposed rezoning request for the Eastgate Commercial property should not impact operations of the Winchester Regional Airport; therefore we are not requesting any special conditions for consideration. Historic Resources Advisory Board: 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 properties nor are there an 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 identify a core battlefield within this area. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. The Proffer Statement should contain a specific proffer that the Transportation proffers will be made in conformity with the attached GDP. 2. Proffer 1.1 references No. 1 on the GDP. No. 1 is shown in two places on the GDP, one of which says `right -in, right- out." If this entrance is to be right -in, right -out, the proffer should so state specifically. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Planning Department: Please see attached letter dated February 2, 2007f -orn Candice E. Perkins, Planner H. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) identifies these properties as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A- 1 and A -2 zoned land to the RA District. On August 14, 1991 the Board of Supervisors approved Rezoning #06 -91 which rezoned parcel 76 -A -53 to the B2, B3 and Ml zoning districts. On August 13, 1997 the Board of Supervisors approved Rezoning 402 -97. This rezoning depicts the current zoning designations of 76 -A -53. 0 0 Rezoning #02 -7 — Eastgate Commercial April 19, 2007 Page 4 2) Comprehensive Poliev 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-]] Land Use The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting a rezoning to the B2 (Business General) Zoning District and therefore this request is in general conformance with the Comprehensive Policy Plan. This rezoning application is for 18.88 acres and consists of six separate parcels and only the B3 portion of parcel 76 -A -53 is being rezoned with this application; thel remainder which is already zoned B2 will still be covered by Rezoning #02 -97. Staff believes that parcel 76 -A- 56 in its entirety should be covered under this new rezoning application so that multiple proffer statements don't pertain to the same parcel. Also, including the entire project under one proffer statement will ensure consistent entrances and improvements throughout the entire development. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates,Tasker Road as an improved major collector (UD4). This application does not address the need for four lanes on Tasker Road. The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development; this application does not meet this requirement at all intersections. The Frederick County Bicycle Plan designates Route 522 as a short-term designated route. The applicant has proffered to provide a ten foot asphalt bicycle path along the frontage of their site for Route 522. Since the proffer says that the path will be provided along the property frontage, it will only apply to the portion being rezoned (PIN: 87 -A -34, 3413, 35 and 37). Site Access This development has access on Maranto Manor Drive, as well as access onto Tasker Road once Maranto connects to Rainville Road, which has been proffered with this application. 0 Rezoning #02 -7 — Eastgate Commercial April 19, 2007 Page 5 The proffers /GDP for this development state that this project will have two entrances on Maranto Manor Drive and a right- in/right -out onto Route 522. The remainder of parcel 76- A -53, which is not being rezoned with this application (covered by proffers from Rezoning 902 -97), does not have any restrictions on the number or type of entrances on Route 522 or Tasker Road. The right - in/right -out labeled as future on the proffered GDP is located on the remainder of 76 -A -53 and not subject to this rezoning request. Staff Note: As stated under Land Use, staff believes that the entire 76-A-53 should be included under one rezoning application and since these parcels have access to Tasker Road and Maranto Manor Drive, direct access to Route 522 should be completely prohibited. Rezoning #02 -97 did not restrict access to Tasker Road. Since the Tasker Road frontage of parcel 76 -A -53 is not part of this rezoning, access is still unrestricted. 3) Site Suitability/Environment It does not appear that the site contains any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes. A small area of wetlands has been identified on the southwest comer of the existing B -3 zoned property adjacent to the existing self storage facility and there is a small man -made pond situated on the RA tract north of Maranto Manor Drive. The General Soils Map of the Soil Survey of Frederick County. Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks - Blairton soil association, and the site consists of Clearbrook channery silt loam and Weikert- Berks channery silt loams. This soil type is not considered prime farm land. i 4) Potential Impacts A. Transportation The Comprehensive Policy Plan calls for Level of Service Category C of better for proposed industrial and commercial development. It is noted that even with the improvements that the applicant has proffered to provide, certain areas will still function below a Level of Service Category C (See discussion of TIA Conclusions for Route 522 / Tasker Road Intersection and Route 522 / Maranto Manor Drive Intersection). A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The County's rezoning application requires applicants to model the worst possible scenario based on the use of the site. The worst case scenario for this site would be 428,074sf of retail uses. The TIA is based on 166,662sf of retail uses, 47,000sf of office uses and 224,660sf of warehouse /industrial uses. As stated in the applicant's impact analysis (Section D), the 224,660sf of warehouse /industrial could be generated from an adjacent land bay which is not part of this application. The potential 224,660sf should be included under the TIA's 0 0 Rezonine 402 -7 — East. Commercial April 19, 2007 Page 6 background traffic and not added in under the assumptions. Also, since the proffers for the rezoning do not proffer a particular use for this site, the worst case scenario should have been modeled; this application only accounted for 213,662sf of retail and office on this site instead of 428,074sf of retail which would be the worst case. The Conclusions from the Transportation Impact Analysis (TIA) state that the following are required: e Route 522 /Tasker Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization along with an additional eastbound and i northbound left turn lane. Staff Note: The signalization of Route 522 and Tasker was proffered with Rezoning #02 -97 for Eastgate Commerce Center. Proffer 1.5 from this rezoning proffers the additional eastbound turn lane and northbound turn lane. The proffer states that the applicant will also provide other improvements as deemed necessary bv VDOT. While Proffer 1.5 provides for the improvements at the Route' 522 /Tasker Road Intersection as called for in the TIA Conclusions, it is noted that even with these improvements, this intersection will not function at a Level ofService C or better and therefore does not meet County requirements. Even with the installation of the two turn lanes, PM peak traffic will still function at a level of service' D at the PM Peak Hour; the TIA has not offered a solution to achieve a LOS C. • Tasker Road /Rainville Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization and two (2) northbound left turn lanes. StaffNote: These improvements have been proffered by the applicant (Proffer 1.2) • Route 522 /Maranto Manor Drive: In order to achieve acceptable levels of service, this intersection will require an additional eastbound left -turn lane. Staff Note: This improvement is being proffered by the applicant (Proffer 1.4) While Proffer 1.4 provides for the improvements at the Route 522IMaranto Manor intersection as called for in the TIA Conclusions, it is noted that even with this improvement this intersection will not function at a Level of Service C or better and therefore does not meet County requirements. Maranto Manor will function with a LOS D at the PM Peak Hour, the TIA has not offered a solution to achieve a LOS C. • Rainville Road /Maranto Manor Drive This is a new intersection. It will be an unsignalized intersection with westbound left/right shared lane, northbound thru /right shared lane and a southbound left /thru shared lane. • Site driveway '4 1 /Maranto Manor Drive: This is anew unsignalized intersection. It 0 Rezoning 402 -7 — Eastgate Commercial April 19, 2007 Page 7 will require eastbound thru and right -turn lanes, westbound left and thru lanes and northbound left and right -turn lanes. StaffNote: This intersection is proffered to be a right- in/right -out only per proffer L I • Site Driveway #2 /Maranto Manor Drive: This intersection will require signalization along with eastbound separate left, and thm /right shared lanes; westbound separate left, thru, right turn lane northbound separate left and thru/right shared lanes and southbound separate left, thru, right turn lanes. StaffNote: The signalization and the turn lanes underlined above have been proffered by the applicant (Proffer 1.3); the remaining lanes have not beeniaddressed. i • Site Driveway 43 /Route 522: This is a new right in/right out inly intersection. It will require an eastbound right turn lane and a southbound right turn lane. StaffNote: Site driveway #3 is located on parcel 76 A -53 but is not located within the area being requested for rezoning with this application. No proffers are associated with this entrance. • Site Driveway #4 /Route 522: This is a new right in/out only intersection. It will require an eastbound right turn lane and a southbound right turn lane. StaffNote: These turn lanes have not been addressed by the applicant. Also, no levels of service have been identified for this intersection, so it is unclear how it will function. B. Sewer and Water i Sewer and water service will be provided to the site by the Frederick County Sanitation Authority via a six inch force main and a 12 inch water line. Assuming a buildout of approximately 200,000sf, a standard rate of 200 gallons per day at 1,000sf of commercial space, it is anticipated that the proposed use will generate approximately 40,000 GPD of water consumption with equivalent sewer flows. C. Design Standards The proffers for the rezoning do not address any design features for this proposed development. Design standards should be incorporated into this development as they relate to access management, landscaping and signage. The Comprehensive Policy Plan states that landscape buffers should be established between the road and parking lots to promote a more pleasant environment. The applicant should consider providing additional landscaping along Route 522 to create a more aesthetically pleasing development [Comprehensive Policy Plan, p. 6 -15], street trees should also be provided along all public and internal roads. Limitations on the number and size of freestanding signs should be considered as well. The Comprehensive Policy Plan states that signage should be minimized along business 0 Rezoning #02 -7 — Eastgate Commercial April 19, 2007 Page 8 corridors to reduce visual impacts and to ensure that the number of signs provided is not distracting. [Comprehensive Policy Plan, p. 6 -16] Route 522 signage should be limited (number and size) and only monument style signage should be utilized. 5) Proffer Statement— Dated November 13, 2006 (Revised February 9, 2007, February 10, 2007, February 21, 2007 and March 30, 2007) Transportation 1.1 The applicant shall locate a right in/right out entrance to access the site in the general location depicted on the GDP. No additional entrances shall be located along Maranto Manor Drive between the identified entrance and Maranto ManorlDrive's terminus at Route 522. Said improvements shall be subject to VDOT review and approval during site plan review. S1affNote: This does not restrict the portions ofparcel 76 -A -53 whichi are not part of this rezoning. I 1.2 The applicant shall bond a traffic signal and two northbound left turn lanes and a westbound left turn lane at the intersection of Rainville Road and Tasker Road prior to issuance of a land disturbance permit for the Property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. I 1.3 The applicant shall bond a traffic signal and the following turn lanes at the intersection of the future project entrance and the existing entrance for the Home Depot Distribution Center on Maranto Manor Drive: Southbound left turn lane, Southbound right turn lane, Westbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound left turn lane. The applicant shall bond said improvements prior to issuance of a land disturbance permit and shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. 1.4 The applicant shall bond an eastbound left turn lane for Maranto Manor Drive at the intersection of Maranto Manor Drive and Route 522 prior to issuance of a land disturbance permit for the Property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. 1.5 The applicant shall bond an additional northbound left turn lane, an additional eastbound left turn lane, as well as any additional improvements as deemed necessary by VDOT at the intersection of Tasker Road and Route 522 prior to issuance of a land disturbance permit for the property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. Staff Note: This does not restrict entrances on Route 522 for die portion of paree176 -A -53 since the entire parcel is not part of this rezoning. 0 0 Rezoning #02 -7 — East.-ate Commercial April 19, 2007 Page 9 1.6 The applicant shall locate a maximum of one right- in/right -out entrance along the property's frontage with Route 522. Said entrance shall be subject to review and approval by VDOT during site plan review. In the event that VDOT finds the proposed entrance acceptable, the right - in/right -out shall be located as generally depicted on the GDO. 1.7 The applicant shall construct the extension of Maranto Manor Drive to connect to existing Rainville Road. Said improvement shall be constructed prior to issuance of a certificate of occupancy for any building on the property. 1.8 Transportation improvements shall be made inconformity with the GDP. 2. Pedestrian - Bicycle Trail i 2.1 The applicant shall construct a ten foot public pedestrian - bicycle trail with an asphalt surface in lieu of sidewalks along the property frontage on Route 522. StaffNote: The proffer states that the path will be provided along the propertyfrontage, it will only apply to the portion being rezoned (PIN: 87-A-34, 34B, 35 and 37). 3. Monetary Contribution to Offset Impact of Development 3.1 The applicant shall contribute the amount of two thousand dollars ($2,000) to Frederick County for fire and rescue purposes. Said contribution shall be made at the time of issuance of the first building permit. 2 The applicant shall contribute the amount of two thousand dollars ($2,000) to Frederick County for Sheriffs Office purposes. Said contribution shall be made at the time of issuance of the first building permit. 4. Land Use 4.1 Development on the Property shall not exceed a Floor Area Ration (FAR) of .25. 4.2 No loading bays shall be visible from Route 522 or Tasker Road. STAFF CONCLUSIONS FOR 03/21/07 PLANNING COMMISSION MEETING: 'The land use proposed in this rezoning is consistent with the Eastern Frederick County Long Range land Use Plan. The TIA as modeled does not represent the full impact of what could happen on the site. The applicant should consider including the entire parcel 76 -A -53 in this rezoning application. All intersections should be modeled to reflect a LOS C or better and Tasker Road should be addressed. Elements of the rezoning application have been identified that should be carefully 0 0 Rezoning 402 -7 — Eastgate Commercial April 19, 2007 Page 10 evaluated to ensure that they fully address the goals of the County. The applicant should be prepared to address theses issues. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/21/07 MEETING The applicants stated they modeled a .25 FAR in the TIA, rather than the worst -case scenario, because the .25 FAR more typically represented retail development in Frederick County. Regarding the Route 522 / Tasker Road and the Route 522 /Maranto Manor Drive intersections, the applicants explained that as a whole, these intersections will operate at a LOS "C" and only two single and individual movements within these intersections will operate at a p.m. peak }four LOS "D." The applicants offered that their transportation proffers address not only this rezoning, but all of the background trips at the identified intersections; they calculated their generated trips from the site to be rezoned to be about 15% of the total background trips coming into the area. I The applicants said their proffers included three traffic signals and double left -turn Lanes at three different intersections and will guarantee the improvements necessary to support the development of the entire southern portion of the Eastgate Commerce Center. Commission members recommended that the applicant proffer a .25 FAR, prohibit loading docks and outside storage for the areas with frontage along Route 522 and Tasker Road, and to possibly consider architectural standards or screening for those areas as well. The Commission also requested that the applicant provide a consolidated master development plan (MDP) showing the concept for the entire area and including not only the proffers, but the transportation improvements, with transition lanes highlighted, entrances, corridor appearance, buffering and screening, and trigger mechanisms indicating when transportation improvements will occur. The applicant was agreeable to providing the consolidated MDP. I The VDOT representative was satisfied with the applicant's proffers, but agreed the consolidated MDP showing transportation improvements with transition lanes and entrances would be beneficial in working through the process. One adjoining property owner along Route 522 asked how his property would be affected by this rezoning. The Planning Commission unanimously recommended approval of the rezoning with amodification to the proffers to state a maximum FAR of .25 and the provision of a consolidated MDP for the entire area showing the transportation improvements, including transition lanes, traffic signals, entrances, and trigger mechanisms indicating when the improvements will occur, as well as corridor appearance, buffering, and screening. (Note: Commissioner Unger was absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 04/04/07 MEETING Planner It Candice E. Perkins appeared before the Board regarding this item. She advised this was a request to rezone 10.65 acres from RA (Rural Areas) District to B2 (General Business) District and 0 0 Rezoning 902 -7 — Eastgate Commercial April 19, 2007 Page I I 8.23 acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial uses. The property is located in the Sewer and Water Service Area and the Eastern Land Use Plan. The proposed B2 zoning is consistent with the Comprehensive Plan. Planner II Perkins noted that parcel 76 -A -53 should be covered in its entirety under this rezoning as it would help make the proffers consistent. She stated that the remainder of the property does not have restrictions on the number of entrances on Route 522 and Tasker Road. She went on to say that the proposed rezoning does not address the four - laning of Tasker Road and the traffic impact analysis estimates the level of service at the intersections of Route 522 and Tasker Road and Route 522 and Maranto Manor Drive at level C. The proposed land use is consistent with the land use plan. Planner II Perkins concluded by saying that the issues to be addressed by the Board were: a. the inclusion of the entire parcel 76 -A -53; b. level of service C or better at all intersections; C. address Tasker Road improvements. Patrick Sowers, Patton, Harris, Rust, & Associates, appeared before the Board on behalf of this application. Mr. Sowers stated, in regard to the inclusion of the entire parcel 76 -A -53, it was the applicant's desire to modify only a small portion of the entire acreage of this parcel. He went on to say that new impacts were not being created by the land use. With regard to addressing the traffic impacts, Mr. Sowers stated the improvements would be required whether or not this proposed development was coming forward. He went on to say that all intersections, as a whole, operate at a level C or better and he felt the development was benefiting the county and providing transportation improvements. Chairman Shickle asked if the rezoned portion of 76 -A -53 would be legally subdivided or remain part of the parent tract. Mr. Sowers responded that it would remain part of the parent tract. Chairman i Shickle asked about the number of lanes on Tasker Road. Mr. Sowers responded the applicant has proffered double left turn lanes at the intersection of Tasker Road and Route 522. He went on to say they were proffering what VDOT would require them to do. Supervisor DeHaven asked for clarification of the discussion regarding Tasker Road. Mr. Sowers responded there would be two west bound lanes and I east bound lane on Tasker Road. Vice - Chairman Fisher asked VDOT if the number of entrances allowed as part of the existing 1997 rezoning would be limited based on distance requirements. Lloyd Ingram, VDOT Engineer, responded that was correct. He went on to say that VDOT would evaluate the site plan for a spacing determination. He went on to say that with the number of turn lanes and transition lanes there would be at least five lanes (i.e. three through lanes and two turn lanes) on Tasker Road. He went on to say that VDOT would make the applicant install the required road improvements, but they were not opposed to the applicant proffering those improvements. He concluded by saying that he felt VDOT and the applicant could work through the issues. Chairman Shickle asked the applicant's representative if he agreed with what VDOT had said. Mr. Sowers responded yes. Chairman Shickle asked if the applicant had considered a proffer in that regard. Mr. Sowers responded that the applicant had proffered to provide improvements totaling $2 million. 0 0 Rezoning #02 -7 — Eastgate Commercial April 19, 2007 Page 12 Chairman Shickle asked the applicant to ponder the Board's concerns during the public hearing. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Chuck Maddox, special consultant for the applicant, advised there was no attempt to avoid anything and the proffered improvements would meet the traffic impact analysis. He went on to say that other issues were governed by the State and VDOT was satisfied they could require the necessary improvements. He concluded by saying the applicant felt it was better to leave the proffers general in nature because any changes would require a proffer modification. Chairman Shickle stated tliat he was glad VDOT agrees with the Board, but he was not getting any comfort that the improvements would be done to address his concern. He went on to say there was no promise to the County unless VDOT makes the applicant do it. He concluded by saying that he felt this was too loose. Vice - Chairman Fisher stated it was a concern that the applicant would not proffer they would comply with VDOT. Engineer Ingram stated if the applicant would go with the desired method versus the minimum standard then VDOT would be satisfied. Mr. Maddox responded that the applicant would agree to use the preferred method. Mr. Maddox asked that this application be postponed for two weeks so that the applicant could modify the proffer statement to address the desires for clarification that they would implement VDOT's preferred methods. Upon a motion by Vice - Chairman Fisher, seconded by Supervisor Van i Osten, the Board postponed Rezoning #02 -07 for two weeks. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye ACTION FOLLOWING THE BOARD OF SUPERVISORS: At the April 4, 2007 Board of Supervisors meeting the applicant agreed to use the VDOT preferred design and requested that the application be postponed for two weeks. The applicant has revised the GDP to reflect land configuration but has not revised the proffer statement to reflect the use of the VDOT preferred design. STAFF CONCLUSIONS FOR 04/25/07 BOARD OF SUPERVISORS MEETING: The land use proposed in this rezoning is consistent with the Eastern Frederick County Long Range land Use Plan. The applicant should consider including the entire parcel 76 -A -53 in this rezoning application. All intersections should be modeled to reflect a LOS C or better and Tasker Road should be addressed. The revisions to the GDP nrovided by the applicant do not reflect the commitment provided by the annlicant at the Board of Supervisors meetin¢ to construct improvements per the "preferred design" of VDOT Rezoning 402 -7 — Eastgate Commercial April 19, 2007 Page 13 Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. The applicant should be prepared to address theses issues. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Frederick County, VA Location in the Lounty Rezoning REZ # 02 - 07 Application Eastgate Commercial Parcel ID: 87 • A - 34B; 35; 36 87•A- 37,76 -A-53 87 -A -34 Map O a s,a. ti N�tvs " m Location in Surrounding Area NN �1 81 6 n > t vvop GIBSON ae �2�W. 87 A 16B 0 125 250 SO�J eel 154.05 ac. + Cal NEWWME 87 A 53 ® CaSe Plannef: Candice 4 ac. Frederick Coun VA Rezoning REZ # 02 - 07 Application Eastgate Commercial Location in the Count] Parcel ID: 87 - A - 3413; 35; 36 87- A•37,76 -A -53 87 -A -34 D a 131 (Business, Wghbmbood District) + St reams . B2 (Business, General District) Mre is Allla� D3 (Business, Indusblal Transition District) 1 Primary 41110 EM(Edrective Manufacturing District) — Secondary HE(Hille, Educau. DisUil 1r Tertiary : M1 (Industrial, Light District) _ MNSA cia M2 (Indmdnal, General District) • MH1(Mobile Home Community District) MS Support Dia • ldtl) aaa R4 (Residential, Planned Community District) • R5 (Residential Recreational Community Distr RAZ (Rural Area Zone) RP Residential Pedormance District) o r EZ020 EastgadcommercinlZoning LL keslPonds 0 125 25 Y. Case Planner. Cantlice x op Location in Surrounding Area Frederick County, VA Location in the County Rezoning REZ # 02 - 07 Application Eastgate Commercial Parcel ID: 87 - A - 3413; 35; 36 87- A- 37,76 -A -53 87 -A -34 Map Features �REZ0207 EastgateCommercial Long Ranee Land Use AS ILakesPords Rural Community Center Streams Residential at efs Business Pdmary Industrial secondary t5s Institutional ti Teo,iary Recreation SMA ® Historic ® Mixed -Use ® Planned Unit Development Location in Surrounding Area CO 0 125 250 50�1 r w K © Case Planner: Canrlige Frederick County, VA in the Lounty Ma Features arzozo� E D Streams + Streams Primary Sewnaary Temlary SWSA Rezoning REZ # 02 - 07 Application Eastgate Commercial Parcel ID: 87 - A - 3413; 35; 36 87- A- 37,76 -A -53 e7 -A -3a c 0 125 250 'Aet Case Planner: Candice Location in Surrounding Area RZ #04 -97 s➢ ....................................... ............................... PROM=EF ED TRANSPORTATION IMPR RZ 02 -97 72 — Signalization of Tasker Road ou 2 RZ 04 -97 — TIA at Site Plan RZ 01 -98 — TIA at Site Plan RZ 02 -07 — Tasker /522: 2nd NB left, 2nd EB left Maranto Manor /522: 2nd EB left Rainville /Tasker: Signalization, Dual NB left Maranto Manor /Project Entrance: Signalization, NB Left, SB ft &Right, EB Left, WB Left and Rig � EASTGATE COMMERCIAL Patton, Harris, Rust & Associates, p v0 y ZONING HISTORY 117 E. Picadily St. Winchester, Virginia 22601 O Q VOICE: (540) 667 -2139 FAX: (540) 665 -0493 V FREDERICK COUNTY, VIRGINIA 9 • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Plmimng Staff � ; g a o Fee Amount Paid Zoning Amendment Number _ t -: '-':Date Receiv ed ; BOS'Heanng Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Wrights Run, LP Telephone: (703) 820 -2500 Address: 2800 S Shirlington Road, Suite 803 Arlington, VA 22206 Name: Real Tech, LLC Address: 2800 S Shirlington Road, Suite 803 Arlington, VA 22206 Name: Ritter, Steven G & Mary M Address: 3022 Front Royal Pike Winchester, VA 22602 Telephone: 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Plat X • Deed of property X Verification of taxes paid X Telephone: (703) 820 -2500 Agency Comments X Fees X Impact Analysis Statement X Proffer Statement X I r 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Allan Hudson Steven & Mary Ritter 6. A) Current Use of the Property: Residential /Vacant B) Proposed Use of the Property: Commercial 7. Adjoining Property: SEE ATTACHED 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). and south of Maranto Manor Drive In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 87 -A -34, 3413, 35, 36, 37 and 76 -A -53 Districts Magisterial: Fire Service: Rescue Service: Shawnee Millwood Millwood Admiral Byrd Armel High School: Middle School: Elementary School Millbrook 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 10.65 RA B2 8.23 133 B2 18.88 Total acreage to be rezoned 2 • 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi- Family Non - Residential Lots Mobile Home Hotel Rooms I Square Footage of Proposed Uses Office 47,000 Service Station Retail 166,000 Manufacturing Restaurant Flex - Warehouse Other 12. Signature: 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) a'SYI Date -7 -67 Wrights Run, LP l.(,C i, Date Real Tech, LLC Date Steven Ritter ` y l Z, Date 62 - �" Mary Ritter 9 ,• Adjoining Property Owners Rezoning r1 U 0 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, adjoin ing'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 adjoin I ing 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) I Name: Orville Comer 2903 Front Royal Pike Property #: 76 -A -57A Winchester, VA 22602 Name: Orville Comer 2903 Front Royal Pike Property #: 76 -A -57 Winchester, VA 22602 Name: Floyd & Kay Ritter 141 Bridgeport Ln Property #: 76 -A -58 Winchester, VA 22602 Name: Robert Price 307 Caroline Ave Property #: 87 -A -38 Stephens City, VA 22655 Name: Bob & Louise Price 2997 Front Royal Pike Property #: 87 -A -39 Winchester, VA 22602 Name: Diana Heishman 3029 Front Royal Pike Property #: 87 -A -40 Winchester, VA 22602 Name: John Bullock 3049 Front Royal Pike Property #: 87 -A -41 Winchester, VA 22602 Name: Samuel Plasters, Jr. 3046 Front Royal Pike Property #: 87 -A -33 Winchester, VA 22602 Name: Julia Bishop 114 Orchard Dr Property #: 87 -A -31 Midwest City, OK 73110 Name: Home Depot USA, Inc. P.O. Box 105842 Property #: 76 -A -53G Atlanta, GA 30348 Name: Cable Holdco Exchange V, LLC P.O. Box 173838 Property #: 6 -A -53F Denver, CO 80217 Name: S & W, LLC 720 S Braddock St Pro ert #: 76 -A -53E Winchester, VA 22601 11 0 0 • GK o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -665 -6395 Know All Men By Those Present That I (We) (Name) Wrichts Run, LP (Phone) 703.820.2500 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 1 Deed on Page and is described as "fax Map Parcel 76 -A -53: 87 -A -35; 87 -A -36; 87 -A -37 Subdivision: do hereby make, constitute and appoint: j I (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 Address) 1 17 F Piccadilly Street Suite 200. Winchester, Viryinia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with authority I (we) would have if acting personally to file planning applications for my (our) abo Property, including X Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan I power and described My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day ol 2e_ , 200 , Signalure(s State of Virginia, City /C off ' Le �c `s Lk To -wit: L �' A I' I I C a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before?ne " and has acknowledged the same before me in the jurisdiction aforesaid this �'� day of 2(6 r i. Commission Expires: 0 0 • �K Special Limited Power of Attorney County of Frederick, Virginia a Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick; Virginia, 107 North Kent Street, Winchester, Virginia 226011 Phone 540 -665 -5651 Facsimile 540.665-6395 I Know All Men By Those Present: That I (We) (Name) Real Tech, LLC (Phone) 703.820.2500 (Address) 2800 S Shirlington Road Suite 803 Arlington, VA 22206 the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed re orded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed on Page Tax Map Parcel 87- A -34A: 87 -A -3413 do hereby make, constitute and appoint: and is described as (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 Address) 117 E Piccadilly Street Suite 200, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with authority I (we) would have if acting personally to file planning applications for my (our) abo Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan II power and described i My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. 4, � , In witness thereof, I I (we) have hereto se[ my (our) hand and seal this day of r(!-\O , 200 Signature(s) aybn State of Virginia. City /County of C GC�ar; tit To -wit: tl I A v �J (x[{ SO n1 1, ` 1 J1 ' ' \ , 1 s��P .a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument persona ly appeared before me and has acknowledged the ame before me in thejurisdiction aforesaid this day of _ 200- ,' My Commission Expires: S1 ZJU7 - 0 0 • `� y " Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us i Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -6654395 i Know All Men lay Those Present: That I (We) (Name) Steven G. & Mary M. Ritter the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 501 on Page 255 and is described as Tax Map Parcel 87 -A -34 Subdivision: do hereby make, constitute and appoint: (N 9 Address) 117 F. Piccadilly Street Suite 200, Winchester. Virginia 22601 fo act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with authority I (we) would have if acting personally to file planning applications for my (our) abo Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan I power and described My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I we have hereto set my (our) hand and seal this ; Z day of 200 7 Sigitatirie(s)" �State of Virgiriiz;.C.iiy /C- ea+tYY -of W,tnrc,�t -' 1ZtG , To -wit �E C & r412-1 i > -1;_ �• �, s !`d7rJ71'Im &72 .a Notary Public in and for the jurisdiction L : . ':_aforesaid, certify ^ilia\ the person(s) who signed to the foregoing instrument personally appeared before me and has.ackno ,! dged'the same before me in the jurisdiction aforesaid this r 0 r day of `� h - , 2007. i[rY 04.,� My Commission Fxpires: �otary Public 1 I ��x+m 1 5� 1 I �1 I I 1 I 1 ti EX. 83 I 8I 1 xx R I � 1 C 1 MMI C] FREDERICK COUNTY, NRG /N/A 6mvw Nl.w 1 w 1 I 1 m 6w 1 1 t IX vuv/,[Ili 96 T D3 W 1W EX. B3 / .F. 1 e/ I / 1 / 1 / 41 / 1 ' t 1 � / Q; r� I / li 1 u / 4j t i 1 r EX. RA 1 1 / HzAy � , m 5. MIKS \ � \ EX. RA \ \ t� I J Q �P SP aRW Tn aRK lk N G TA EASTGATE COMME1?( ti BE w I y ZONING BOUNDARY o m Q mw MMI C] FREDERICK COUNTY, NRG /N/A Q �P SP aRW Tn aRK lk N G TA I G. TM T BE w wm CI Mw i 61.]0 mw MMI C] pOS.DJ 6mvw Nl.w 5nm w MaM I 4106 S m 6w a 74 CA JBna M..5\ 151.97 SMV mn n aMaO. 190.90 N.I. A' 19015 m S w ' mm A.20 '1 100.13 C7 aMM '1]035 MS '..w m Mao eaw A0.19 xm w na9D 2741 137es 2MM nD M w.n a.w 0i Mao Ma 5&57 M57 CI] MCO a3.6T 22y" W a W57 ns Ma aza5 Ma x517 EXISTING RA — 10.65 ACRES EXISTING 33 — 8.23 ACRES TOTAL — 18.88 ACRES Patton, Harris, Rust & Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 1 0 REZONING APPLICATION 402 -07 EASTGATE COMMERCIAL Staff Report for the Board of Supervisors Prepared: April 2, 2007 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/21/07 Recommerided Approval Board of Supervisors: 04/11/07 Pending PROPOSAL To rezone 10.65 acres from the RA (Rural Areas) District to the B2 (General Business) District and 8.23 acres from B3 (Industrial Transition) District to B2 District, with proffers, for commercial uses. ' LOCATION The properties are located west of Front Royal Pike (Route 522 South), immediately north and south of Maranto Manor Drive (Route 642). MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBERS: 84 -A -34, 87- A -34B, 84 -A -35, 87-A-36,87-A-37 and 76 -A -53 PROPERTY ZONING RA (Rural Areas) District and B3 (Industrial Transition) District PRESENT USE Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: 132 (Business General) Use: Vacant RA (Rural Areas) Residential /Vacant South: M1 (Industrial General) Use: Home Depot RA (Rural Areas) Residential /Agricultural East: B2 (Business General) Use: Vacant RA (Rural Areas) Residential N/A Route 522 West: M1 (Industrial General) Use: Vacant 0 0 Rezoning 902 -07 — Eastgate Commercial April 2, 2007 Page 2 B2 (Business General) Use: Vacant RA (Rural Areas) Residential PROPOSED USES Commercial uses REVIEW EVALUATIONS: Vireinia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 and 642.1 These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Eastgate Commercial rezoning application dated November 13. 2006, revised February 21, 2007, addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance design, drainage features, and traffic flow data from the I.T.E. Trip General iManual. 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.,' Fire Marshal Plan approval recommended. I Public Works Department: Refer to Site Suitability: Provide this office with a copy of the wetlands study referenced under environmental features at the time of the master development plan (MDP) submittal or prior to the subdivision of the detailed site plan if a master development plan is not required. Refer to F. Site Drainage: The method proposed for stormwater management shall be defined in the MDP submission. Considering the layout of the proposed rezoning and previously rezoned B2 property, we suggest that regional stonmwater management be evaluated for the proposed commercial development. Department of Inspections: No comment required at this time. Shall continent on site plans when submitted. Sanitation Authority We will provide sewer and water service to this site. Frederick- Winchester Health Department: Health Department has no objection to the request as stated so long as existing or proposed drainfields and wells are not negatively impacted. Frederick Countv Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon buildout. Winchester Regional Airport: The proposed rezoning request for the Eastgate Commercial property should not impact operations of the Winchester Regional Airport; therefore we are not requesting any special conditions for consideration. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the 0 0 Rezoning 902 -07 — Eastgate Commercial April 2, 2007 Page 3 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 properties 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 identify a core battlefield within this area. Frederick Countv Attorney: It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: L The Proffer Statement should contain a specific', proffer that the Transportation proffers will be made in conformity with the attached GDP. 2. Proffer 1.1 references No. 1 on the GDP. No. I is shown in two places on the GDP, one of which says "right -in, right- out." If this entrance is to be right -in, right -out, the proffer should so state specifically. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Planning Department: Please see attached letter dated February 2. 2007 from Candice E. Perkins. Planner H. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) identities these properties as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. On August 14, 1991 the Board of Supervisors approved Rezoning 906 -91 which rezoned parcel 76 -A -53 to the B2,133 and Ml zoning districts. On August 13, 1997 the Board of Supervisors approved Rezoning #02 -97. This rezoning depicts the current zoning designations of 76 -A -53. 2) Comprehensive Poliev Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1/ Land Use The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. Rezoning #02 -07 — Eastgate Commercial April 2, 2007 Paae 4 The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation. The applicant is requesting a rezoning to the B2 (Business General) Zoning District and therefore this request is in general conformance with the Comprehensive Policy Plan. This rezoning application is for 18.88 acres and consists of six separate parcels and only the B3 portion of parcel 76 -A -53 is being rezoned with this application; the remainder which is already zoned B2 will still be covered by Rezoning #02 -97. Staff believes that parcel 76 -A -56 in its entirety should be covered under this new rezoning application so that multiple proffer statements don't pertain to the same parcel. Also including the entire project under one proffer statement will ensure consistent entrances and improvements throughout the entire development. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Tasker Road as an improved major collector (UD4). This application does not address the need for four lanes on Tasker Road. The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development; this application does not meet this requirement at all intersections. i The Frederick County Bicycle Plan designates Route 522 as a short-term designated route. The applicant has proffered to provide a ten foot asphalt bicycle path along the frontage of their site for Route 522. Since the proffer says that the path will be provided along the property frontage, it will only apply to the portion being rezoned (PIN: 87 -A -34, 3413, 35 and 37). Site Access This development has access on Maranto Manor Drive, as well as access onto Tasker Road once Maranto connects to Rainville Road, which has been proffered with this application. The proffers /GDP for this development state that this project will have two entrances on Maranto Manor Drive and a right- in/right -out onto Route 522. The remainder of parcel 76 -A -53, which is not being rezoned with this application (covered by proffers from Rezoning 402 -97), does not have any restrictions on the number or type of entrances on Route 522 or Tasker Road. The right - in/right -out labeled as future on the proffered GDP is located on the remainder of 76 -A -53 and not subject to this rezoning request. Staff Note: As stated under Land Use, staff believes that the entire 76-A-53 should be included under one rezoning application and since these parcels have access to Tasker Road and Maranto Manor Drive, direct access to Route 522 should be completely prohibited Rezoning #02 -97 did not restrict access to Tasker Road Since the Tasker Road frontage of parcel 76-A-53 is not part of this rezoning, access is still unrestricted 3) Site Suitabilitv/Environment It does not appear that the site contains any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes. A small area of wetlands has been identified on the southwest corner of the existing B -3 zoned property 0 0 Rezoning 402 -07 — Eastgate Commercial April 2, 2007 Page 5 adjacent to the existing self storage facility and there is a small man -made pond situated on the RA tract north of Maranto Manor Drive. The General Soils Map of the Soil Survey of Frederick County. Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks - Blairton soil association, and the site consists of Clearbrook channery silt loam and Weikert- Berks channery silt loams. This soil type is not considered prime farm land. 4) Potential Impacts A. Transportation The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. It is noted that even with the improvements that the applicant has proffered to provide, certain areas will still function below a Level of Service Category C (See discussion of TIA Conclusions for Route 522 /Tasker Road Intersection and Route 522/Maranto Manor Drive Intersection). A traffic impact analysis (TIA) was prepared for this applicationlusing composite data collected from other studies in the area as well as actual traffic counts. The County's rezoning application requires applicants to model the worst possible scenario based on the use of the site. The worst case scenario for this site would be 428,074sf of retail uses. The TIA is based on 166,662sf of retail uses, 47,000sfofoffice uses and 224,660sfofwarehouse /industrial uses. As stated in the applicant's impact analysis (Section D), the 224,660sf of warehouse /industrial could be generated from an adjacent land bay which is not part of this application. The potential 224,660sf should be included under the TIA's background traffic and not added in under the assumptions. Also, since the proffers for the rezoning do not proffer a particular use for this site, the worst case scenario should have been modeled; this application only accounted for 213,662sf of retail and office on this site instead of 428,074sf of retail which would be the worst case. The Conclusions from the Transportation Impact Analysis (TIA) state that the following are required: Route 522 /Tasker Road: In order to achieve acceptable levels of service. this intersection will require traffic signalization along with an additional eastbound and northbound left turn lane. Staff Note: The signalization of Route 522 and Tasker was proffered with Rezoning #02- 97for Eastgate Commerce Center. Proffer 1.5 from this rezoning proffers the additional eastbound turn lane and northbound turn lane. The proffer states that the applicant will also provide other improvements as deemed necessary by VDOT. While Proffer 1.5 provides for the improvements at the Route 522ITasker Road Intersection as called for in the TIA Conclusions, it is noted that even with these improvements, this intersection will not function at a Level of Service C or better and therefore does not meet County requirements. Even with the installation of the two turn 0 0 Rezoning #02 -07 — Eastgate Commercial April 2. 2007 Page 6 lanes, PM peak traffic will still function at a level of service D at the PMPeak Hour; the TIA has not offered a solution to achieve a LOS C. • Tasker Road / Rainville Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization and two (2)1northbound left turn lanes. Staff Note: These improvements have been proffered by the applicant (Proffer 1.2) • Route 522 /Maranto Manor Drive: in order to achieve acceptable levels of service, this intersection will require an additional eastbound left -turn lane. Staff Note: This improvement is being proffered by the applicant (Proffer 1.4) While Proffer 1.4 provides for the improvements at the Route 5221Maranto Manor intersection as called for in the TIA Conclusions, it is noted that even with this improvement this intersection will not function at a Level of Service C or better and therefore does not meet County requirements. Maranto Manor will function with a LOS D at the PM Peak Hour; the TIA has not offered a solution to achieve a LOS C. Rainville Road /Maranto Manor Drive This is a new intersection. It will be an unsignalized intersection with westbound left/right shared lane, northbound thru/right shared lane and a southbound left/thru shared lane. • Site driveway #I /Maranto Manor Drive: This is anew unsignalized intersection. It wil I require eastbound thru and right -turn lanes, westbound left and thru lanes and northbound left and right -turn lanes. Staff Note: The applicant has not addressed these lanes., • Site Driveway #2 /Maranto Manor Drive: This intersection will require signalization along with eastbound separate left_ and thru/right shared lanes; westbound separate left thru, right turn lane northbound separate left and thru /right shared lanes and southbound separate left, thru, right turn lanes. Staff Note: The signalization and the turn lanes underlined above have been proffered by the applicant (Proffer 1.3); the remaining lanes have not been addressed. • Site Driveway 43 /Route 522: This is a new right in/right out only intersection. It will require an eastbound right turn lane and a southbound right turn lane. Staff Note: Site driveway #3 is located on parcel 76-A-53 but is not located within the area being requested for rezoning with this application. No proffers are associated with this entrance. • Site Driveway 44 /Route 522: This is a new right in/out only intersection. It will require an eastbound right turn lane and a southbound right turn lane. StaffNofe: These turn lanes have not been addressed by the applicant. Also, no levels r f service have been identified for this intersection, so it is unclear how it will function. 0 0 Rezoning #02 -07 — Eastgate Commercial April 2, 2007 Page 7 B. Sewer and Water Sewer and water service will be provided to the site by the Frederick County Sanitation Authority via a six inch force main and a 12 inch water line. Assuming a buildout of approximately 200,OOOsf, a standard rate of 200 gallons per day at 1,OOOsf of commercial space, it is anticipated that the proposed use will generate approximately 40,000 GPD of water consumption with equivalent sewer flows. C. Design Standards The proffers for the rezoning do not address any design features for this proposed development. Design standards should be incorporated into this development as they relate to access management, landscaping and signage. The Comprehensive Policy Plan states that landscape buffers should be established between the road and parking lots to promote a more pleasant environment. The applicant should consider providing additional landscaping along Route 522 to create a more aesthetically pleasing development [Comprehensive Policy Plan, p. 6 -151: street trees should also be provided along all public and internal roads. Limitations on the number and size of freestanding signs should be considered as well. The Comprehensive Policy Plan states that signage should be minimized along business corridors to reduce visual impacts and to ensure that the number of signs provided is not distracting. [Comprehensive Policy Plan, p. 6 -16] Route 522 signage should be limited (number and size) and only monument style signage should be utilized. 5) Proffer Statement — Dated November 13, 2006 (Revised February 9, 2007, February 10, 2007, February 21, 2007 and March 30, 2007) 1. Transportation 1.1 The applicant shall locate a right in /right out entrance to access the site in the general location depicted on the GDP. No additional entrances shall be located along Maranto Manor Drive between the identified entrance and Maranto Manor Drive's terminus at Route 522. Said improvements shall be subject to VDOT review and approval during site plan review. Staff Note: This does not restrict the portions of parcel 76 -A -53 which are not part of this rezoning. 1.2 The applicant shall bond a traffic signal and two northbound left turn lanes at the intersection of Rainville Road and Tasker Road prior to issuance of a land disturbance permit for the Property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. 1.3 The applicant shall bond a traffic signal and the following turn lanes at the intersection of the future project entrance and the existing entrance for the Home Depot Distribution Center on Maranto Manor Drive: Southbound left turn lane, Southbound right turn lane, Westbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound 0 0 Rezoning #02 -07 — East.-ate Commercial April 2, 2007 Page 8 left turn lane. The applicant shall bond said improvements prior to issuance of a land disturbance permit and shall construct said improvementswithin 180 days of receiving written notice from the County and/or VDOT. 1.4 The applicant shall bond an eastbound left tun) lane for iMaranto Manor Drive at the intersection of Maranto Manor Drive and Route 522 prior to issuance of a land disturbance permit for the Property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. 1.5 The applicant shall bond an additional northbound left turn lane. an additional eastbound left turn lane, as well as any additional improvements as deemed necessary by VDOT at the intersection of Tasker Road and Route 522 prior to issuance of a land disturbance permit for the property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. Staff Note: This does not restrict entrances on Route 522 forithe portion of parcel 76-A-53 since the entire parcel is not part of this rezoning. i 1.6 The applicant shall locate a maximum of one right- in/right -out entrance along the property's frontage with Route 522. Said entrance shall be subject to review and approval by VDOT during site plan review. In the event that VDOT finds the proposed entrance acceptable, the right- in/right -out shall be located as generally depicted on the GDO. I 1.7 The applicant shall construct the extension of Maranto Manor Drive to connect to existing Rainville Road. Said improvement shall be constructed prior to issuance of certificate of occupancy for any building on the property. 1.8 Transportation improvements shall be made in conformity with the GDP. 2. Pedestrian- Bicycle Trail 2.1 The applicant shall construct a ten foot public pedestrian- bicycle trail with an asphalt surface in lieu of sidewalks along the property frontage on Route 522. Staff Note: The proffer states that the path will be provided along the propertyfrontage, it will only apply to the portion being rezoned (PIN. 87 -A -34, 34B, 35 and 37). 3. Monetary Contribution to Offset Impact of Development 3.1 The applicant shall contribute the amount of two thousand dollars ($2,000) to Frederick County for fire and rescue purposes. Said contribution shall be made at the time of issuance of the first building permit. 3.2 The applicant shall contribute the amount of two thousand dollars ($2,000) to Frederick County for Sheriff's Office purposes. Said contribution shall be made at the time of' issuance of the first building permit. 0 0 Rezoning #f02 -07 — Eastgate Commercial April 2, 2007 Page 9 d. Land Use 4.1 Development on the Property shall not exceed a Floor Area Ration (FAR) of .25. i 4.2 No loading bays shall be visible from Route 522 or Tasker Road. The land use proposed in this rezoning is consistent with the Eastern Frederick County Long Range land Use Plan. The TIA as modeled does not represent the full impact of what could happen on the site. The applicant should consider including the entire parcel 76 -A -53 in this rezoning application. All intersections should be modeled to reflect a LOS C or better and Tasker Road should be addressed. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. The applicant should�bc prepared to address theses issues. THE 03/21/07 MEETI The applicants stated they modeled a.25 FAR in the TIA, rather than the worst -case scenario, because the .25 FAR more typically represented retail development in Frederick County. Regarding the Route 522 /Tasker Road and the Route 522 /Maranto Manor Drive intersections, the applicants explained that as a whole, these intersections will operate at a LOS "C" and only two single and individual movements within these intersections will operate at a p.m. peak hour LOS "D." The applicants offered that their transportation proffers address not only this rezoning, but all of the background trips at the identified intersections; they calculated their generated trips from the site to be rezoned to be about 15% of the total background trips coming into the area. The applicants said their proffers included three traffic signals and double left -turn lanes at three different intersections and will guarantee the improvements necessary to support the development of the entire southern portion of the Eastgate Commerce Center. Commission members recommended that the applicant proffer a.25 FAR, prohibit loading docks and outside storage for the areas with frontage along Route 522 and Tasker Road, and to possibly consider architectural standards or screening for those areas as well. The Commission also requested that the applicant provide a consolidated master development plan (MDP) showing the concept for the entire area and including not only the proffers, but the transportation improvements, with transition lanes highlighted, entrances, corridor appearance, buffering and screening, and trigger mechanisms indicating when transportation improvements will occur. The applicant was agreeable to providing the consolidated MDP. The VDOT representative was satisfied with the applicant's proffers, but agreed the consolidated MDP showing transportation improvements with transition lanes and entrances would be beneficial in working through the process. One adjoining property owner along Route 522 asked how his property would be affected by this rezoning. 0 0 Rezoning #02 -07 — Eastgate Commercial April 2, 2007 Page 10 The Planning Commission unanimously recommended approval of the rezoning with a modification to the proffers to state a maximum FAR of.25 and the provision of a consolidated MDP for the entire area showing the transportation improvements, including transition lanes, traffic signals, entrances, and trigger mechanisms indicating when the improvements will occur, as well as corridor appearance buffering, and screening. (Note: Commissioner Unger was absent from the meeting.) ACTION FOLLOWING THE PLANNING COMMISSION MEETING: The applicant revised the proffer statement to reflect commitments verbally agreed to at the Planning Commission meeting on March 21, 2007. The changes to the proffer statement are that the site is limited to a .25 Poor to area ratio (ordinance allows 1.0) and that no loading bays will be visible from Route 522 or Tasker Road. The land use proposed in this rezoning is consistent with the Eastern Frederick County Long Range land Use Plan. The TIA as modeled does not represent the full impact of what could happen on the site. The applicant should consider including the entire parcel 76 -A -53 in this rezoning application. All intersections should be modeled to reflect a LOS C or better and Tasker Road should be addressed. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. The applicant should be prepared to address theses issues. Following the required public hearing, a decision regarding thisirezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 0 REZONING APPLICATION 902 -07 EASTGATE COMMERCIAL Staff Report for the Planning Commission Prepared: March 5, 2007 Staff Contact: Candice E. Perkins. Planner 11 This report is prepared by the Frederick County Planning Staff toi provide information to file Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/21/07 Pending Board of Supervisors: 04/11/07 Pending i PROPOSAL To rezone 10.65 acres from the RA (Rural Areas) Distric t to the B2 (General Business) District and 8.23 acres from B3 (industrial Transition) District to 92 District, with proffers, for commercial uses. i LOCATION The properties are located west of Front Royal Pike (Route 522 South), immediately north and south of Maranto Manor Drive (Route 642). MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBERS: 84 -A -34, 87- A -34B, 84 -A -35, 87-A-36,87-A-37 and 76 -A -53 PROPERTY ZONING RA (Rural Areas) District and B3 (Industrial Transition) District PRESENT USE Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) Use: Vacant RA (Rural Areas) Residential/Vacant South: Ml (Industrial General) Use: Home Depot RA (Rural Areas) Residential /Agricultural East: B2 (Business General) Use: Vacant RA (Rural Areas) Residential N/A Route 522 West: Ml (Industrial General) Use: Vacant 0 0 Rezoning 402 -07 — Eastgate Commercial March 5. 2007 Page 2 B2 (Business General) Use: Vacant RA (Rural Areas) Residential PROPOSED USES Commercial uses REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 522 and 642. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Eastgate Commercial rezoning application dated November 13, 2006, revised February 21 2007, addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance design, drainage features, and traffic flow data from the I.T.E. Trip Generall 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 . Fire Marshal Plan approval recommended. Public Works Department: Refer to Site Suitability: Provide this office with a copy of the wetlands study referenced under environmental features at the time of the master development plan (MDP) submittal or prior to the subdivision of the detailed site plan if a master development plan is not required. Refer to F. Site Drainage: The method proposed for stormwater management shall be defined in the MDP submission. Considering the layout of the proposed rezoning and previously rezoned B2 property, we suggest that regional stormwater management be evaluated for the proposed commercial development. Department of Inspections: No comment required at this time. Shall comment on site plans when submitted. Sanitation Authority We will provide sewer and water service to this site. Frederick - Winchester Health Department: Health Department has no objection to the request as stated so long as existing or proposed drainfields and wells are not negatively impacted. Frederick Countv Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon buildout. Winchester Regional Airport: The proposed rezoning request for the Eastgate Commercial property should not impact operations of the Winchester Regional Airport; therefore we are not requesting any special conditions for consideration. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the 0 0 Rezoning #02 -07 — Eastgate Commercial March 5, 2007 Page 3 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 properties 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 identify a core battlefield within this area. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. The Proffer Statement should contain a specific proffer that the Transportation proffers will be made in conformity with the attached GDP. 2. Proffer 11 references No. 1 on the GDP. No. 1 is shown in two places on the GDP, one of which says "right -in, right - out." If this entrance is to be right -in, right -out, the proffer should so state specifically. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. j Planning Department: Please see attached letter dated February 2, 2007 from Candice E. Perkins, Planner H. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) identifies these properties as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. On August 14, 1991 the Board of Supervisors approved Rezoning #06 -91 which rezoned parcel 76 -A -53 to the 62, 63 and M 1 zoning districts. On August 13, 1997 the Board of Supervisors approved Rezoning #02 -97. This rezoning depicts the current zoning designations of 76 -A -53. 2) Comprehensive Poliev Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. 0 Rezoning #02 -07 — Eastgate Commercial March 5. 2007 Page 4 The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial land use designation!. The applicant is requesting a rezoning to the B2 (Business General) Zoning District and therefore this request is in general conformance with the Comprehensive Policy Plan. This rezoning application is for 18.88 acres and consists of six separate parcels and only the B3 portion of parcel 76 -A -53 is being rezoned with this application; remainder which is already zoned B2 will still be covered by Rezoning #02 -97. Staff believes that parcel 76 -A -56 in its entirety should be covered under this new rezoning application so that multiple proffer statements don't pertain to the same parcel. Also, including the entire project under one proffer statement will ensure consistent entrances and improvements throughout the entire development. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Tasker Road as an improved major collector (UD4). This application does not address the need for four lanes on Tasker Road. The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development; this application does not meet this requirement at all intersections. The Frederick County Bicycle Plan designates Route 522 as a short-term designated route. The applicant has proffered to provide a ten foot asphalt bicycle path along the frontage of their site for Route 522. Since the proffer says that the path will be provided along the property frontage, it will only apply to the portion being rezoned (PIN: 87 -A -34, 34B, 35 and 37). Site Access This development has access on Maranto Manor Drive, as well'as access onto Tasker Road once Maranto connects to Rainville Road, which has been proffered with this application. The proffers /GDP for this development state that this project will shave two entrances on Maranto Manor Drive and a right -in /right -out onto Route 522. The remainder of parcel 76 -A -53, which is not being rezoned with this application (covered by proffers from Rezoning #02 -97), does not have any restrictions on the number or type of entrances on Route 522 or Tasker Road. The right - in/right -out labeled as future on the proffered GDP is located on the remainder of 76 -A -53 and not subject to this rezoning request. Staff Note: As stated under Land Use, staff believes that the entire 76 -A -53 should be included under one rezoning application and since these parcels have access to Tasker Road and Maranto Manor Drive, access to Route 522 should be completely prohibited. Rezoning #02 -97 did not restrict access to Tasker Road Since the Tasker Road frontage of parcel 76- A -53 is not part of this rezoning, access is still unrestricted 3) Site Suitability /Environment It does not appear that the site contains any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes. A small area of wetlands has been identified on the southwest corner of the existing B -3 zoned property 0 Rezoning 402 -07 — Eastgate Commercial March 5, 2007 Page 5 adjacent to the existing self storage facility and there is a small man -made pond situated on the RA tract north of Maranto Manor Drive. The General Soils Map of the Soil Survey of Frederick County. Vir inia indicates that the soils comprising the subject parcels fall under the Weikert- Berks- Blairton soil association, and the site consists of Clearbrook channery silt loam and Weikert- Berks channery silt loams. This soil type is not considered prime farm land. 4) Potential Impacts A. Transportation The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. It is noted that even with the improvements that the applicant has proffered to provide, certain areas will still function below a Level of Service Category C (See discussion of TIA Conclusions for Route 522 /Tasker Road Intersection and Route 522 / Maranto Manor Drive Intersection). A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Th County's rezoning application requires applicants to model the worst possible scenario based on the use of the site. The worst case scenario for this site would be 428,074sf of retail uses. The TIA is based on 166,662sf of retail uses, 47,OOOsf of office uses and 224,660sf of warehouse /industrial uses. As stated in the applicant's impact analysis (Section D), the 224,660sf of warehouse /industrial could be generated from an adjacent land bay which is not part of this application. The potential 224,660sf should be included under the TIA's background traffic and not added in under the assumptions. Also, since the proffers for the rezoning do not proffer a particular use for this site, the worst case scenario should have been modeled; this application only accounted for 213,662sf of retail and office on this site instead of428,074sf of retail which would be the worst case. The Conclusions from the Transportation Impact Analysis (TIA) state that the following are required: Route 522 /Tasker Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization along with an additional eastbound and northbound left turn lane. Staff Note: The signalization of Route 522 and Tasker was proffered with Rezoning #02- 97for Eastgate Commerce Center. Proffer 1.5 from this rezoning proffers the additional eastbound turn lane and northbound turn lane. The proffer states that the applicant will . also provide other improvements as deemed necessary by VDOT. While Proffer 1.5 provides for the improvements at the Route 522ITasker Road Intersection as called for in the TIA Conclusions, it is noted that even with these improvements, this intersection will not function at a Level of Service C or better and therefore does not meet County requirements. Even with the installation of the two turn Rezoning #02 -07 — Eastgate Commercial March 5, 2007 Page 6 lanes, PM peak traffic will still function at a level of service D attire PMPeak Hour; fire TIA has not offered a solution to achieve a LOS C. I • Tasker Road /Rainville Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization and two (2) northbound left turn lanes. S1affNote: These improvements have been proffered by the applicant (Proffer 1.2) • Route 522 /Maranto Manor Drive: In order to achieve acceptable levels of service, this intersection will require an additional eastbound left-turn lane. Staff Note: This improvement is being proffered by the applicant (Proffer 1.4) While Proffer 1.4 provides for the improvements at the' Route 5221Maranto Manor intersection as called for in the TIA Conclusions, it is noted that even with this improvement this intersection will not function at a Level of Service C or better and therefore does not meet County requirements. Maranto Manor will function with a LOS D at the PM Peak Hour, the TIA has not offered a solution to achieve a LOS C. e Rainville Road /Maranto Manor Drive This is a new intersection. It will be an unsignalized intersection with westbound left /right shared lane, northbound thru/right shared lane and a southbound left/thru shared lane. • Site driveway # 1 /Maranto Manor Drive: This is anew unsignalized intersection. It will require eastbound thru and right -turn lanes, westbound left and thru lanes and northbound left and right -turn lanes. Staff Note: The applicant has not addressed these lanes! • Site Driveway 92 /Maranto Manor Drive: This intersection will require signalization along with eastbound separate left, and thru /right shared lanes; westbound separate left thru, ri�*ht turn lane northbound separate left and thru/right shared lanes and southbound separate left, thru, right turn lanes. Staff Note: The signalization and the turn lanes underlined above have been proffered by the applicant (Proffer 1.3); the remaining lanes have not been addressed • Site Driveway 93 /Route 522: This is a new right in /right out only intersection. It will require an eastbound right turn lane and a southbound right turn lane. Staff Note: Site driveway #3 is located on parcel 76A -53 but is not located within the area being requested for rezoning with this application. No proffers are associated with this entrance. • Site Driveway 44 /Route 522: This is a new right in/out only intersection. It will require an eastbound right turn lane and a southbound right turn lane. Staff Note: These turn lanes have not been addressed by the applicant. Also, no levels of service have been identified for this intersection, so it is unclear how it will function. 0 0 Rezoning 902 -07 — Eastgate Commercial March 5, 2007 Page 7 B. Sewer and Water Sewer and water service will be provided to the site by the Frederick County Sanitation Authority via a six inch force main and a 12 inch water line. Assuming a buildout of approximately 200,OOOsf, a standard rate of 200 gallons per,day at 1,OOOsf of commercial space, it is anticipated that the proposed use will generate approximately 40,000 GPD of water consumption with equivalent sewer flows. I C. Design Standards The proffers for the rezoning do not address any design features for this proposed development. Design standards should be incorporated into this development as they relate to access management, landscaping and signage. The Comprehensive Policy Plan states that landscape buffers should be established between the road and parking lots to promote a more pleasant environment. The applicant should consider providing additional landscaping along Route 522 to create a more aesthetically pleasing development [Comprehensive Policy Plan, p. 6 -I5] street trees should also be provided along all public and internal roads. i Limitations on the number and size of freestanding signs should be considered as well. The Comprehensive Policy Plan states that signage should be minimized along business corridors to reduce visual impacts and to ensure that the number of signs provided is not distracting. [Comprehensive Policy Plan, p. 6 -16] Route�522 signage should be limited (number and size) and only monument style signage should be utilized. 5) Proffer Statement — Dated November 13, 2006 (Revised February 2007, February 10, 2007 and February 21, 2007) 1. Transportation 1.1 The applicant shall locate a right in/right out entrance to access the site in the general location depicted on the GDP. No additional entrances shall be located along Maranto Manor Drive between the identified entrance and Maranto Manor Drive's terminus at Route 522. Said improvements shall be subject to VDOT review and approval during site plan review. Staff Note: This does not restrict the portions of parcel 76-A-53 which are not part of this rezoning. 1.2 The applicant shall bond a traffic signal and two northbound left turn lanes at the intersection of Rainville Road and Tasker Road prior to issuance of a land disturbance permit for the Property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. 1.3 The applicant shall bond a traffic signal and the following turn lanes at the intersection of the future project entrance and the existing entrance for the Home Depot Distribution Center on Maranto Manor Drive: Southbound left turn lane, Southbound right turn lane, Westbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound Rezoning #02 -07 — Eastgate Commercial March 5, 2007 Page 8 left turn lane. The applicant shall bond said improvements prior to issuance of a land disturbance permit and shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. 1.4 The applicant shall bond an eastbound left turn lane for Maranto Manor Drive at the intersection of Maranto Manor Drive and Route 522 prior to issuance of a land disturbance permit for the Property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. 1.5 The applicant shall bond an additional northbound left turn lane, an additional eastbound left turn lane, as well as any additional improvements as deemed necessary by VDOT at the intersection of Tasker Road and Route 522 prior to issuance of a land disturbance permit for the property. The applicant shall construct said improvements within 180 days of receiving written notice from the County and /or VDOT. Staff Note: This does not restrict entrances on Route 522 for the portion of parcel 76-A-53 since the entire parcel is not part of this rezoning. I 1.6 The applicant shall locate a maximum of one right - in/right -out entrance along the property 's frontage with Route 522. Said entrance shall be subject to review and approval by VDOT during site plan review. In the event that VDOT finds the proposed entrance acceptable, the right- in/right -out shall be located as generally depicted on the GDO. 1.7 The applicant shall construct the extension of Maranto Manor Drive to connect to existing Rainville Road. Said improvement shall be constructed prior to issuance of certificate of occupancy for any building on the property. 1.8 Transportation improvements shall be made in conformity with the GDP. 2. Pedestrian - Bicycle Trail 2.1 The applicant shall construct a ten foot public pedestrian- bicycle trail with an asphalt surface in lieu of sidewalks along the property frontage on Route 522. Staff Note: The proffer states that the path will be provided along the property frontage, it will only apply to the portion being rezoned (PIN: 87 A -34, 34B, 35 and 37). 3. Monetary Contribution to Offset Impact of Development 3.1 The applicant shall contribute the amount of two thousand dollars ($2,000) to Frederick County for fire and rescue purposes. Said contribution shall be made at the time of issuance of the first building permit. 3.2 The applicant shall contribute the amount of two thousand dollars ($2,000) to Frederick County for Sheriffs Office purposes. Said contribution shall be made at the time of issuance of the first building permit. s • Rezoning #02 -07 — Eastgate Commercial March 5, 2007 Page 9 The land use proposed in this rezoning is consistent with the Eastern Frederick County Long Range land Use Plan. The TIA as modeled does not represent the full impact of what could happen on the site. The applicant should consider including the entire parcel 76 -A -53 in this rezoning application. All intersections should be modeled to reflect a LOS C or better and Tasker Road should be addressed. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. The applicant should be prepared to address theses issues. to the Board this rezoning application would be prepared to adequately address all concerns raised by the Planning Commission.