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Home My WebLink About02-07 Commentsy , L • • COUNTY of FREDER Department of Planning and Develop 540/66: FAX: 540/665 February 2, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Proposed Rezoning of the Eastgate Commercial Property Dear Patrick: I have had the opportunity to review the draft rezoning application for the Eastgate Commercial Property. This'application seeks to rezone 11.81 acres from the RA (Rural Areas) District and 8.23 acres from the B3 (Industrial Transition) District to the B2 (Business General) District. Staffs review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows a portion of this property with a commercial designation. The proposed B2 Zoning is a business use and is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates this area. 2. Additional Property. There are two additional properties owned by Wrights Run LP which have not been included with this rezoning; PIN's 87 -A -36 and 87 -A -37 are central to this rezoning and currently zoned RA. These properties will need to be included in this rezoning. 3. Rezoning #02 -97. Rezoning #02 -97 currently covers PIN# 76 -A -53. This proposed rezoning only covers the B3 portion of 76 -A -53. Parcel 76 -A -53, in its entirety, should be included with this rezoning application so that everything within the project is included under the same proffers. Including the entire project under one proffer statement will ensure consistent entrances and improvements throughout the entire development. 4. Transportation Levels of Service. The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. This application clearly does not achieve a Level of Service C. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 • Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of Eastgate Commercial Property February 2, 2007 5. Rezoning Application — Proposed Uses. The application states the rezoning is for 47,OOOsf of office and 166,OOOsf of retail uses. The proffer statement does not call for a specific use. Unless a specific use and square footage is proffered, the County will assume the maximum possible development (retail) as per the County's application, combined with the maximum possible floor space. At the maximum possible use, there is the potential for 428,074sf of retail uses. A proffer to limit the square footage of this development to 'no more than what the TIA was based on would be appropriate (see issue on assumptions below). 6. Traffic Impact Analysis - Assumptions. The TIA is based upon 166,662sf of retail uses, 47000sf of office uses and 224,660sf of warehouse /industrial uses. As stated under section D of your impact analysis, the warehouse /industrial uses could be generated from the adjacent land bay (potential industrial). The potential industrial should be included under your background traffic, not your assumption, and your TIA should be based on what could actually be developed on the site (428,074sf of retail). • 7. Maranto Manor Drive. Maranto Manor Drive needs to connect to Rainville Road; this application does not provide any assurances for the required continuation of this road. 8. Tasker Road. The Eastern Road Plan of the Comprehensive Policy Plan designates Tasker Road as an improved major collector. Full implementation of the four -lane major collector road design would be appropriate along 76 -A -53. 9. Site Access. This development has access on Maranto Manor Drive as well as access onto Tasker Road once Maranto connects to Rainville Road. 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 and Rezoning #02 -97 does not place any restrictions on the number or type of entrances on the remainder of 76 -A -53. As stated in comment 3, the entire 76 -A -53 should be included under one rezoning application and access to Route 522 should be completely prohibited. Also, Section C (Location and Access) of your impact analysis states that access will be provided through the existing B2 zoned acreage by a northern entrance on Tasker Road and an eastern entrance on Route 522. The referenced Tasker entrance is not shown on the GDP and there is no mention of this access anywhere in the proffer statement. 10. TIA Background Development. On sheet 6 of the Background Development, • please clarify what project developments 9 -11 consist of and on sheet 7 under the Artrip project, there is no soccer complex. • • Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of Eastgate Commercial Property February 2, 2007 11. Traffic Impact Analysis — Route 522/Tasker Road Intersection. The TIA calls for this intersection to be signalized and to have a new eastbound and northbound left turn -lane. While Rezoning #02 -97 proffered the installation of the signalization, there is no commitment for the installation of the turn lanes. It is noted that even with the installation of the two turn lanes, PM peak traffic will still function at a level of service D. As this application is not proffering any of the needed turn lanes, it would be beneficial to see what the LOS would actually be with only the previously proffered signalization. 12. Transportation Proffer 1.2. Proffer 1.2 provides for the traffic signal at the intersection of Tasker /Rainville but does not provide the two northbound left turn lanes called for in the TIA conclusions. These turn lanes are required to maintain a level of service C. 13. Transportation Proffer 1.3. Proffer 1.3 provides for the traffic signal at the intersection of the project entrance and the Home Depot entrance on Maranto . • Manor Drive but does not account for any of the turn lanes called for in the TIA conclusions. 14. Transportation Proffer 1.4. Proffer 1.4 provides for the eastbound left turn lane for Maranto Manor Drive at the intersection of Route 522 /Maranto Manor 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 does not meet County requirements. 15. Other Traffic Improvements. As stated in the TIA conclusions, there are various transportation improvements which are necessary to maintain a LOS C or better. The following improvements (in addition to comments l I -13) have not been addressed: • Rainville Road/Maranto Manor Drive turn lanes • Site Driveway ]/Maranto Manor Drive turn lanes • Site Driveway 3 /Route 522 turn lanes • Site Driveway 4 /Route 522 turn lanes 16. Bike Path. Front Royal Pike is identified on the Frederick County Bicycle Plan as a short tern destination. Provide a bike trail in this location. • 17. Design Standards. The proffer statement includes nothing that relates to design standards (building facades, parking lot locations, landscaping, signage etc.). Buildings should be placed adjacent to the roads and the parking lots placed . Page 4 Mc Patrick Sowers RE: Proposed Rezoning of East.-ate Commercial Property February 2, 2007 behind the buildings, especially along Tasker Road and Route 522. Street trees should be provided along all public and internal roads and specific types of building materials should be utilized within the project. Limitations on the number and size of freestanding signs should be considered as well. Route 522 signage should be limited (number and size) and only monument style signage should be utilized. 18. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick - Winchester Health Department, the local Fire and Rescue Company and the Frederick - Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. • 19. Special Limited Power of Attorney. Provide a power of attorney for the property owners. 20. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of January 27, 2005. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sm erely, Candice E. Perkins, AICP Planner II Attachments cc: Wrights Run, LP, 2800 S. Shirlington Road, Suite 803, Arlington VA 22206 Steven & Mary Ritter, 3022 Front Royal Pike, Winchester, VA 22602 CEP/bad Patrick R. Sowers From: Funkhouser, Rhonda [ Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Ingram, Llc [ Lloyd.Ingram @VDOT.Virginia.gov] Sent: Friday, February 23, 2007 7:51 AM To: Patrick Sowers; Ronald A. Mislowsky Cc: Ingram, Lloyd; Copp, Jerry; cperkins @co.frederick.va.us Subject: Eastgate Commercial - Rezoning - Route 522, Frederick County 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 roadwa which has 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 designs, drainage features, and traffic flow data from the I.T.E. 7 Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on 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 -wa must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinbur Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 IR 0 t 0 L Frederick County Fire - and Rescue Department Office of the Fire Marshal Plan Review and Comments Control number RZ07 -0001 Project Name Eastgate Commercial Property Address 117 E. Piccadilly St. Type Application Rezoning Current Zoning RA, B3 Automatic Sprinkler System Yes Other recommendation Date received Date reviewed Date Revised 12121/2006 1/5/2007 Applicant Patton Harris Rust & Associates City State Zip Applicant Phone Winchester VA 22601 540 - 667 -2139 Tax ID Number Fire District Rescue District 87 -A -34, etc. 11 11 Recommendations Automatic Fire Alarm System Yes Election District Shawnee Residential Sprinkler System No Requirements Emergency Vehicle Access Not Identified Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature � . 477 p Yes J. Neal l Title S-Y._�i, - COUNTY of FREDER: � I Department of Public W i January 19, tl Mr. Patrick Sowers Patton, Harris, Rust, and Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 . RE: Eastgate Rezoning Dear Patrick: We have completed our review of the proposed Eastgate rezoning from B -3 /RA to B -2 and offer the following comments: 1. 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 pian if a master development plan is not required. 2. 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 B -2 property, we suggest that regional stormwater management: be evaluated for the proposed commercial development. I can be reached at 722 -8214 if you should have any questions regarding the above comments. Sincerely, 4 Harvey Strawsnyder, Directo Public Works • 107 North Kent Street • Winchester, Virginia 22601 -5000 0 Rezoning Comments Eastaate Propertie Frederick County Department of Inspections c/o Patrick Sowers Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665 -5650 Applicant's Name: Patton Harris Rust & Associates Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4` Floor 107 North Kent Street Winchester, VA 22601 Phone: (540) 667.2139 Mailing Address: 117 E. Piccadilly Street, Suite 200 Location of Property: Winchester, VA 22601 The Property is west of Route 522 South (Front Royal Pike) immediately north and south of Maranto Manor Drive. Current Zoning: RA/133 Zoning Requested: B 2 Acreage: 20.04 Department of Inspections Comments: // �1�6 Com m�ylT r c re�rt' / 7 �i,n p_ Shra �� o - rnm2vl �" m2. Si� �1�a✓l5 1.4�e v. S�rim�� -r�� Inspections Signature & Date: ql / , FC 1 p Notice to Dept. o spections — Please Re n This ] orm t icai0es r4o*s t Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868 -1061 Applicant's Name: Mailing Address: Location of Property: Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Patton Harris Rust & Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667.2139 The Property is west of Route 522 South (Front Royal Pike) immediately north and south of Maranto Manor Drive. Current Zoning: RA/133 Zoning Requested: B2 Acreage: 20.04 Sanitation Authority Comments: WF 1,4///- Z- AR o V/D.F W,, 72z SE4Yi�F To 7'/1/ S 517,25 5 Sanitation Authority Signature & Date: Notice to Sanitation Authority U , , Please Return This Form to the Applicant Frederick County Sanitation Authority !� DEC ' _,. 2006 BY: -------------------- Rezoning Comments Eastgate Propertie Frederick — Winchester Health Department Mail to: Frederick- Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722 -3480 Applicant's Name: Mailing Address: Hand deliver to: Frederick- Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722 -3480 Patton Harris Rust & Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667.2139 4 Location of Property: • The Property is west of Route 522 South (Front Royal Pike) immediately north and south of Maranto Manor Drive. Current Zoning: R A/B3 Zoning Requested: B2 Acreage: 20.04 Frederick— Winchester Health Department's Comments: #- 1..1kh Dry ! has no mrCI%,., i a, .. � s- -frd Se !. � C i,,A7 leP12 / &MIA i;M nnl n i+ tj zeY "MP hc:l / Health Signature & Dat is zP o6 Notice to Health Department — Please Return This Form to the Applicant 0 • Frederick County Public Schools Coordinator of Construction and Facilities Use Visit us at www.frederick.kl 2.va.us January 15, 2007 Mr. Patrick Sowers Patton, Harris, Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: RE: Rezoning comments for Eastgate Commercial Center e -mail: ka pocsis@frederick.kl • This letter is in response to your request for comments concerning the rezoning application for the proposed Eastgate Commercial Center project. 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 build -out. Respectfully yours, SMK/dkr Stephen Kapocsi Coordinator of Construction and Facilities Use cc: Patricia Taylor, Superintendent of Schools Al Omdorff, Assistant Superintendent of Administration F_ I L 540- 662 -3889 Gxt 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604 -2546 FAX 540 -66z Winchester Airport • • Rezoning Comments Fastgate Properties Mai) to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662 -2422 5406622936 02/09/07 02:12pm P. 002 Winchester Regional Airport Hand deliver to: Winchester Regional Airport. Attn: Executive Director 491 Airport Road Wincliester, VA Applicant's Name: Patt Harris Rust & Associates Phone: 0540) 5(7.2139 C/O Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is west of Route 522 South (Front Royal Pikcjimmcdiatcly north and south of Maranto Manor Drive. Current Zoning: RAJB3 Zoning Requested: -B2 Acreage: 20.04 Winchester Regional Airport's Comments Winchester Regional Airport Signatme & Date Notice to Winchester Regional Airport — Plcnsc Return This Form-to,the Applicant Winchester Airport 54066ZZ936 02/09/07 02:12pm P. 001 0 • 1 WINCHESTER REGIONAL AIRPORT [RVisw un ~ 491 AIRPORT ROAD �� „ orvcnwn WINCHESTER, VIRGINIA 22602 q .j (540) 662 -2422 February 9, 2007 Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comment — RA /63 to 62 Eastgate Commercial Property Shawnee Magisterial District Dear Mr. Sowers: The proposed rezoning request for the Eastgate Commercial Property should not impact business operations of the Winchester Regional Airport, therefore we are not requesting any special conditions for consideration. Thank you for the opportunity to review this request. Sincerely, Serena R. Manuel Executive Director ! • COUNTY of FREDER • Department of Planning and Developi 540/665 FAX: 540/665 .January 24, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 n lvequeit fri' iiiitvric Resources AdViNury Board (HRAB) Comments Eastgate Commercial Rezoning; PINS # 87 -A -34, 34B, 35, 76 -A -53 Dear Mr. Sowers: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the 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. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. • Sincerely. Kevin T. Henry Planninn_.Technician K "1'1-1 /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 • • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PPRLNER5HIP OF PRGFESSIONAL CORPORATIONS HAND - DELIVERED Candice E. Perkins Planner II Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 40 Re: Eastgate Commercial (Wrights Run, LP) Proposed Proffer Statement Dear Candice: PLEASE REPLY TO P. O. Box 846 WINCHESTER. VIRGINIA 22604- I have reviewed the above - referenced Proposed Proffer Statement. It is my opinion that the Proposed 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. r1 U ATTORNEYS AT LAW WILBUR C. HALL (1892 - 1972) THOMAS V. MONAHAN (1924 -1999) 7 & 307 EAST MARKET STREET B EAST BOSCAWEN STREET SAMUEL D. ENGLE LEFSBURG. VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703 777 1 050 TELEPHONE 540882 -3200 ROBERT T. MITCHELL, JR. FAX 54o-6a24304 JAMES A. KLENKAR lawyers @hWIMonaaan. COm STEVEN F JACKSON ( E-MAIL 7 January 29, 2007 DENNIS J. MCLOUGHLIN, JR. HAND - DELIVERED Candice E. Perkins Planner II Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 40 Re: Eastgate Commercial (Wrights Run, LP) Proposed Proffer Statement Dear Candice: PLEASE REPLY TO P. O. Box 846 WINCHESTER. VIRGINIA 22604- I have reviewed the above - referenced Proposed Proffer Statement. It is my opinion that the Proposed 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. r1 U 0 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins January 29, 2007 Page 3 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. If there are any questions concerning the foregoing comments, please contact me. • RTM/ks • Very truly yours,