HomeMy WebLinkAbout03-07 ApplicationCOUNA INK
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
17
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester. VA 22602
RE: REZONING 403 -07, EASY LIVING ASSOCIATES
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of May 9, 2007. The above - referenced application was approved to rezone 4.02 acres from
RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA to B3 (Industrial
Transition Business) District, totaling 19.02 acres, with proffers (a maximum of 120,000 square feet
has been proffered). The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route 761) intersection,
in the Stonewall Magisterial District, and are identified with Property Identification Numbers 44 -1 -B,
4413-1 -2, 4413-1 -3, 4413-1 -3A, 4413-1 -4 and 4413-1 -6.
The proffer, revised May 9, 2007, which 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,
Michael T. Ruddy
Deputy Planning Director
MRT /bad
Attachment
cc: Charles S. DeHaven, Jr., Stonewall District Supervisor
John H. Light and Gary Oates, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Easy Living Associates, 112 S. Cameron St., Winchester, VA 22601
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
1
REZONING APPLICATION 903 -07
EASY LIVING ASSOCIATES
Staff Report for the Board of Supervisors
Prepared: April 30, 2007
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
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: 04/18/07 Recommended Approval
Board of Supervisors: 05/09/07 Pending
PROPOSAL To rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District,
and 15 acres from RA District to B3 (Industrial Transition Business) District, totaling 19.02 acres, with
proffers (a maximum of 120,000 square feet has been proffered).
LOCATION The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route 761) intersection.
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS 44 -1 -13, 4413-1-2,4413-1-3,4413-1-3A, 4413-1 -4 and 4413-1 -6
PROPERTY ZONING RA (Rural Areas)
PRESENT USE Residential and Vacant
ADJOINING PROPERTY ZONING & PRESENT USE
North:
Ml (Light Industrial)
Use:
Residential
RA (Rural Areas)
Residential
South:
RA (Rural Areas)
Use:
Vacant
East:
RA (Rural Areas)
Use:
Residential/Vacant
West:
MH1 (Mobile Home District)
Use:
Mobile Home Park
PROPOSED USES Commercial uses (a maximum of 120,000 square feet has been proffered)
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Rezoning #03 -07 — Easy Living Associates
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April 2, 2007
REVIEW EVALUATIONS:
Virginia Department of Transportation: The documentation within the application to rezone this
property appears to have significant measurable impact on Route 11. This route is the VDOT roadway
which has been considered as the access to the property referenced. VDOT is satisfied that the
transportation proffers offered in the Easy Living Associates Rezoning Application dated September 15,
2006 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. Trip Generation Manual, Seventh Edition for review. VDOT reserves
the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization,
and off -site roadway improvements and drainage. Any work performed on the State's right -of -way
must be covered under a land use permit. This permit is issued by this office and requires an inspection
fee and surety bond coverage.
Fire Marshall: Plan approval recommended.
Department of Inspections: No comments.
Department of Public Works: 1. Refer to Page 4, Wetlands: A wetlands delineation study shall be
performed prior to the master development plan submitted to verify that no upland wetlands exist within
the proposed project boundaries. 2. Refer to Page 4, Soil Types: Expand this discussion to include
descriptions of the existing karst geology and the potential for sinkhole development. A detailed
geotechnical analysis is recommended as part of the detailed site plan design.
Frederick - Winchester Service Authority: No comments.
Sanitation Authority Department: We have the sewer and water capacity to service this site.
Department of Parks & Recreation: No comments.
Winchester Regional Airport: We have determined that the proposed development plan will not have
an impact on operations at the Winchester Regional Airport. While the proposed site lies within the
airport's airspace, it does fall outside of the airport's Part 77 close in surfaces.
Historic Resources Advisory Board: It appears that the proposal does not significantly impact
historic resources and it is not necessary to schedule a formal review of the rezoning application by the
HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located
on the 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, but further research displays that this parcel has lost its integrity with respect to historic
value.
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Rezoning #03 -07 — Easy Living Associates
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April 30, 2007
Frederick County Public Schools: No comments.
County Attorney: 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. In Proffer C.2., staff should determine whether the proffer contained in the
second sentence is sufficiently definite. 2. It is not clear to me the relationship between Proffers C.3.
and C.6. The staff should review this. 3. In Proffer E., the proffer should provide that the monetary
contribution shall be to Frederick County "for ", rather than "directed to" the Clearbrook Volunteer Fire
and Rescue Company and County fire and rescue services. In addition, at the end of the second
sentence the words "all commercial structures" should be changed to "each commercial structure." 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 understand that that review will be done by the staff and the Planning
Commission.
Planning Department: Please see attached letter dated January 25, 2007 from Michael T. Ruddy,
Deputy Director.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently 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 -I
and A -2 zoned land to the RA District.
2. Comprehensive Policv 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 parcel comprising this rezoning application is located within the County's Sewer and Water
Service Area (S WSA) and the site is within the limits of the Northeast Land Use Plan. The
Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of
this site and along Route 11, Martinsburg Pike. The Plan also recognizes the existing industrial
zoning surrounding this site and the Developmentally Sensitive Areas (DSA's) which front the
Rezoning #03 -07 — Easy Living Associates
Page 4
April 30, 2007
site. The application of quality design standards for future development is also an objective of
the Plan.
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the
County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane
facility. The Plan also states that proposed industrial and commercial development should only
occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick
County Bicycle Plan designates Route 11 as a short-term designated route.
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered that one public street
entrance and one commercial entrance shall be permitted on Martinsburg Pike from the
property. The project proposes additional access enhancements that safely accommodate the
existing traffic to the Easy Living Mobile Home Park through the project. Pedestrian
accommodations have been provided internally to the project and along the projects frontage
with Route 11.
3. Site Suitability /Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. This
area is also known for karst topography. The Frederick County Engineer has identified that a
detailed geotechnical analysis will be needed as part of the detailed site plan design.
4. Potential Impacts
A. Transportation
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 120,000 square feet of a
variety of commercial uses and a 16 pump gas station with mart. Using trip generation figures
from the I.T.E. Trip Generation Manual, 7 t Edition the proposed rezoning is projected to
generate 9,803 average daily trips (ADT). The TIA indicates that Level of Service C conditions
or better will be maintained on study roads and intersections with the proposed signalization of
Old Charles Town Road and Route 11, for which the Stephenson Village project has proffered
the construction. The applicant has proffered the signalization of the main project entrance and
Martinsburg Pike.
The Traffic Impact Analysis (TIA) distributes approximately 35 percent of the traffic from the
site along Route 11 North to the intersection of Route 11 and Hopewell Road, Route 672, in
Clearbrook. Recent TIA's have demonstrated level of service and lane geometry issues at this
intersection, the ultimate solution to which has yet to be determined. This application
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Rezoning #03 -07 — Easy Living Associates
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April 30, 2007
participates in providing a solution to achieve acceptable levels of service at this intersection by
providing a monetary contribution in the amount of $50,000 that may be used to allow for the
development of improvements in the general area of this intersection. This project should be
evaluated in relationship with other projects in this area that are currently under various stages
of review.
Interparcel connectivity should be a consideration with this application. Particular attention was
provided to the properties to the west and south of this project. Consideration was also given to
potential interparcel connection to the property to the north. However, this interparcel access
was not pursued by the Applicant. The properties to the south are likely to encounter entrance
spacing issues due to the proposed entrances and anticipated signalization improvements.
Interparcel connections through the B -2 commercial property will help facilitate movement
within the commercial properties and avoid additional conflicts on Route 11. Interparcel
connectivity between the commercial areas, Route 11, and access to the existing mobile home
park has been thoroughly provided by the applicant.
B. Sewer and Water
The FCSA has an eight inch sewer force main adjacent to the Winchester and Western Railroad
approximately 1000 feet west of the property to which the Applicants will connect. This
commercial development is expected to generate 500 gallons /day /acre for a total of 9,519 gpd.
The FCSA has a ten inch water main along Route 11 and a 20 inch water main adjacent to the
Winchester and Western Railroad. This development is expected to generate 1000
gallons /day /acre for a total of 19,020 gpd. The FCSA has stated that they have the water and
sewer capacity to service this site.
C. Design Standards
The project's location on a major corridor and adjacent to an area identified as a
developmentally sensitive area warrants particular attention. This attention is provided in the
application by a combination of proffered commitments including a proffer to provide a detailed
corridor enhancement strip 20 feet in width along the frontage of the property. Included within
this strip is a ten foot multi -use trail and landscape plantings. The applicant has also proffered a
limitation on the signage on the property by limiting the business signs to one monument sign
(15 feet high and 100 square feet in size) for the land uses on the B3 portion of the property and
two monument style signs (10 feet high and 50 square feet in size) for the B2 portion of the
property. The applicant has further proffered general building material specifications and finally
special consideration has been provided to the buffer and screening of the adjacent properties, in
particular, any potential preservation of identified wooded areas.
D. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However, it is
recognized that commercial uses generally provide a positive impact on community facilities
through the additional generation of tax revenue. This application does address the impacts to
Fire and Rescue services by providing a monetary contribution in an amount of $12,000.
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Rezoning 403 -07 — Easy Living Associates
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April 30, 2007
5. Proffer Statement - Dated September 15, 2006 (Revised March 21, 2007)
1. Generalized Development Plan
A Generalized Development Plan has been proffered which identifies the general location of the
B2 and B3 zoning districts, the general location of the primary public street system and
commercial entrance on Route 11, the general location of the realigned private drive serving the
Easy Living Mobile Home Park, and the zoning district buffers.
2. Land Use Restrictions
The applicant has proffered the following land use restrictions:
a. The prohibition of a variety of uses within both the B2 and B3 zoning districts that will
be on the property.
b. A limitation on the maximum amount of structural square footage that may be
constructed on the property. A maximum of 120,000 square feet of total structure area,
30,000 square feet within the B2 portion of the property and 90,000 within the B3
portion of the property, has been proffered.
2. Transportation
The applicant has proffered a limitation on the entrances onto Route 11, the re- alignment of the
Easy Living Mobile Home Park access road to the new public street, sidewalk accommodations,
and interparcel connectivity. In addition, the applicant proffer includes construction of an
additional lane of Route 11 along the frontage of the property with the triggered timing of its
construction, the signalization of the main entrance to the project, and a monetary contribution
in the amount of $50,000 that may be used to allow for the development of improvements in the
general area of the intersection of Route 11 and Hopewell and Brucetown Roads. The applicant
has also proffered the dedication of an additional ten feet of right -away along the property's
frontage of Route 11.
3. Site Design Standards
The Applicant has proffered to provide a detailed corridor enhancement strip 20 feet in width
along the frontage of the property. Included within this strip is a ten foot multi -use trail and
landscape plantings. The applicant has proffered a limitation on the signage on the property by
limiting the business signs to one monument sign (15 feet high and 100 square feet in size) for
the land uses on the B3 portion of the property and two monument style signs (ten feet high and
50 square feet in size) for the B2 portion of the property. The applicant has also proffered
general building material specifications and finally special consideration has been provided to
the buffer and screening of the adjacent properties, in particular, any potential preservation of
identified wooded areas.
4. Monetary Contribution to Offset Impact of Development
This application does address the impacts to Fire and Rescue services by providing a monetary
contribution in an amount of $12,000 ($6,000 for the Clearbrook Volunteer Fire and Rescue
Department and $6,000 for County Fire and Rescue Services).
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Rezoning #03 -07 — Easy Living Associates
Page 7
April 30, 2007
STAFF CONCLUSIONS FOR 04/18/07 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan. The
application provides a level of sensitivity to the identified Developmentally Sensitive Areas, addresses
the appearance of the Route 11 corridor, and recognizes the transportation improvements identified for
this corridor. Further, the impacts associated with this rezoning request appear to have been mitigated
by the Applicant. The Commission should ensure that a satisfactory level of expectation has been met
regarding 1) site design considerations, 2) inter parcel connections, and 3) monetary contributions to
address offsite transportation improvements.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING
A member of the Commission raised the issue of the lack of comprehensive transportation plan for the
entire Route 11 corridor; concern was expressed that the typical traffic solution to accommodate recent
development seemed solely to be the addition of another traffic signal. One potential solution raised to
alleviate pressure on Route 11 was inter - parcel connectivity; also envisioned was a future need for a
four or five -lane Route 11 North and possible exit/entrance ramps onto I -81. It was stated that the
County needed to implement a comprehensive transportation plan for the Route 11 North corridor
before any further development is accepted in this area; this would allow the development community
to proffer potentials to offset the mitigation of traffic impacts to Route 11. Other Commissioners did
not want to penalize applicants coming before the Commission because the County did not have an
updated plan. They pointed out that the County's current Eastern Road Plan and the Northeast Land
Use Plan states that commercial and industrial development can occur if impacted roads function at a
LOS "C" or better. Other Commissioners commented that the Northeast Land Use Plan is lacking and
needs to be improved immediately. Another issue raised by a member of the Commission involved
scoping for TIAs. A question was raised about the consistency of the background studies between
projects in the same immediate vicinity.
There were no public comments.
A motion was made and seconded to table for 45 days in order to have discussions between the parties
involved to determine if an inter - parcel transportation plan for the western side of Route 11 would help
with transportation. This motion failed by a majority vote.
Another motion was made, seconded, and passed by a majority vote to recommend approval of the
rezoning with the stipulation that the applicant continue to work with the staff to attempt to improve
their transportation proffers. The majority vote was as follows:
YES (REC. APPROVAL) Kriz, Ours, Oates, Mohn, Kerr, Triplett, Morris, Manuel, Unger, Wilmot
NO: Light
(Note: Commissioners Thomas and Watt were absent from the meeting.)
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Rezoning #03 -07 — Easy Living Associates
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April 30, 2007
STAFF UPATE FOR 05/09/07 BOARD MEETING:
The Applicant has provided staff with a revised Proffer Statement dated April 30, 2007, including a
revised Generalized Development Plan. The modifications seek to address some of the inter parcel
access concerns and connectivity issues identified during the Planning Commission meeting.
Specifically, the Applicant's modifications (Proffers C.8 and C.9) provide for the reservation of a 50
foot right -of -way, identified on the GDP and generally adjacent to the back of the properties which front
along Route 11, for the purpose of the construction of a future north -south public street by others. The
reserved right -of -way would be dedicated to the County within 90 days of the written request by the
County.
This application does not provide for the construction of this public street as part of their development.
Rather, the opportunity has been secured for other properties that may develop in the future to
implement what would be a reverse frontage road which could serve to minimize additional entrances
on to Route 11. The nature of this proffer revision should be evaluated in comparison to the opportunity
to make an inter parcel connection as part of the Easy Living projects road construction.
Frederick County, VA
Re - Zoning
REZ# 03 - 07
Application
Easy Living
Commercial Cent
P D:
44- 1- B,44B -1 -2,
44B- 1- - 33, , 44 44B -1 -3B,
Location in the Gountl 44B - 1 - 4, 44B - 1 - 6
Map Features
0 Application
D Lakesmonds
— Streams
Streets
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— Terciery
La Urban Derelopment Area
ar SWSA
Location in Surrounding Area
GK Ct
0 125 250 50�]eel m
® Case Planner: Mike °
Frederick County, VA
Re - Zoning
REZ# 03 - 07
Application
Location in the Gountl
Easy Living
Commercial Cent
Map Features
O Applioation
Zoning
p LakesPOnds
W Bt (Business, Neighborhood District)
— Streams
s B2 (Business, General District)
Streets
W Bit (Business, Industrial Transition District)
I Primary
EM (Exbe lbe MinuleUUdng DistriU)
ti Becantlary
adia HE (Higher Education District)
ti Tertiary
slia MI (industrial, LghtDilrn
.1 Urban DevelopmenlAmao M2 (industrial, General DisMd)
M swS
alia MHI(MObile Home Cpmmunity DietdU)
sili MS (Medical Support DisMCt)
e► R4 (Residential, Planned Community User
e► RS (Residential Recreational Community[
RAZ (Rural Area Zone)
RP (Residential Performance District)
ParcellD:
44- I- B,44B -1 -2,
44B -1- 3,4413 -1 -3B
44B -I- 4,4413 -1 -6
Location in Surrounding Area
wr
= 0 125 250 SO
® Case Planner. Mike
Location in Surrounding Area
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Case Planner: Mike
Frederick County, VA
Location in the County
Map Features
Re - Zoning
REZ #03 -07
Application
Easy Living
Commercial Cent
Parcel ID:
44- 1- B,44B -1 -2,
44B- I- 3,44B -1 -310
44B- 1- 4,44B -1 -6
O Application
Lone Range Land Use
O L kmlPondc
Rural Commundy Center
^ Streams
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i& Industrial
�. Secondary
s, Institutional
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Location in the Lountl
Map Features
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Primary
N Secondary
Temlary
. Urban Oesolopraut"a
ar SWSA
Parcel ID:
44- 1- B -1 -2,
44B- 1- 3,44B -1 -3H
44B- 1- 4,44B -1 -6
Location In - aurrounaing „rea
a 125 250 'S eel
0
0
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
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.
2.
3.
Applicant:
Name: Greenway Engineering
Telephone: (540) 662 -4185
Address: 151 Windy Hill Lane Winchester, VA 22602
Property Owner (if different from above)
Name: Easy Living Associates
Telephone: (540) 662 -3486
Address: 112 South Cameron Street Winchester, VA 22601
Contact person if other than above
Name: Evan Wyatt, AICP
Telephone: (540) 662 -4185
4. Checklist: Check the following items that have been included with this
application.
Location map X Agency Comments X
Plat X Fees X
Deed to Property X Impact Analysis Statement X
Verification of taxes paid X Proffer Statement X
11
•
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:
Easy Living Associates Jacob H. Yost 111, Manager
6. A) Current Use of the Property:
B) Proposed Use of the Property
Residential and Unimproved
Commercial
7. Adjoining Property: Please refer to attached Adjoining Property
Owner List
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
The subject property is located on the west side of Martinsbure Pike (U.S. Route 11),
approximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route
76t) intersection.
C
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Numbers 44- ((1)) -B, 44B-
((1)) -2, 44B- ((1)) -3, 44B-((I))-3A, 44B-((I))-4 and 44B- ((1)) -6
Districts
Magisterial:
Fire Service:
Rescue Service:
10.
11.
Stonewall
High School:
Clearbrook
Middle School:
Clearbrook
Elementary School:
15.0
James Wood
James Wood
Stonewall
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Requested
4.02
RA District
B -2 District
15.0
RA District
B -3 District
19.02
Total Acreage to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi- Family
Non - Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
* The Proffer Statement limits the square footage of development to 30,000
square feet of commercial within the B -2 District and 90,000 square feet
within the B -3 District portions of the Property.
0 0
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 bet of my (our) knowledge.
Applicant(s): Date: S
3
Owner (s �� C�' rr Date: 2-
��.7 Eti
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, Suite 202 Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540 -665 -6395
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540- 665.6395
Know All Men By These Presents: That I (We)
(Name) Easy Living Associates. Jacob H. Yost, III.Manager (Phone) (540) 662 -9470
(Address) 2489 -3 Martinsburg Pike. Stephenson, VA 22656
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the
Clerk - s Office of the Circuit Court of the County of Frederick, Virginia. by
Instrument No. 060016824 on Page
Deed Book No. 626 on Page 810,
Deed Book No. 644 on Page 818
Instrument No. 020008972 on Page_
Deed Book No. 903 on Page 244
Deed Book No. 659 on Page 693. and is described as
Parcel:
44 Lot: B Block:
I Section: _
Subdivision:
Parcel:
44B Lot:
2 Block:
I Section:
_ Subdivision: _
Parcel:
44B Lot:
3 Block:
I Section:
Subdivision: _
Parcel:
44B Lot:
3A Block:
I Section:
Subdivision:
Parcel
44B Lot:
4 Block:
I Section:
Subdivision: _
Parcel:
44B Lot:
6 Block:
I Section:
Subdivision: _
do hereby make, constitute and appoint
(Name) Greenway Engineering
(Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane Winchester. VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property. including:
® Rezoning (Including proffers)
❑ Conditional Use Permits
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
❑ Comprehensive Policy Plan Amendment
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 hereof, I (we) have heeretq_stt lny (,rsi�[) -H� nd spal this ZZvlct day of AYC() . 200 7 ,
-�� State-OfVirginia, City/ oum f f . To-wit:
I. i 6nff L. Keliso, a Notary Public in and46 — r t ejurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who'I (are) known to me. personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this 22 \1 day of \142y&) .200 7 .
C " ne o,(, � My Commission Expires: F eb . 20 08
Notary Public
•
•
2
44 1 D1
EASY LIVING ASSOCIATES
2489 -3 MARTINSBURG PIKE
STEPHENSON, VA
22656
3
44 1 D
PAYNE, O. L. & RUTH B.
PO BOX 160
STEPHENSON, VA.
22656
4
44 1 A
SIMKHOVITCH, RONALD S. &
2929 VALLEY AVE
WINCHESTER, VA.
22601
5
44B 1 12D
WAMPLER, JACK K SR & JACK K JR P/A WAMPLER'S MOBILE HOMES
2648 MARTINSBURG PIKE
STEPHENSON, VA
22656
6
44B 1 12B
SIMKHOVITCH, RONNIE S JR
2601 MARTINSBURG PIKE
STEPHENSON, VA
22656
7
44B 1 12A
0
8
44B 1 12
0
9
44B 1 11A
DYE, JANET S.
PO BOX 356
STEPHENSON, VA
22656
10
44B 1 11
0
11
44B 1 10A
PYNE, DONALD A & DOROTHY L
2565 MARTINSBURG PIKE
STEPHENSON, VA.
22656
12
44B 1 10A1
0
13
44B 1 9
0
14
44B 1 8
SIMMONS, ANN H. C/O DAVID HIETT
2543 MARTINSBURG PIKE
STEPHENSON, VA.
22656
15
44B 1 7
CAMPBELL, STEPHANIE J
2537 MARTINSBURG PIKE
STEPHENSON, VA
22656
16
44 A 50
CUTSHAW ENTERPRISES, L C
PO BOX 2337
WINCHESTER, VA
22604
17
44 A 49
SHANHOLTZ, DAVID L ET AILS
791 MARPLE RD
WINCHESTER, VA
22603
18
44 A 48
MCKEE, JANNEY T. C/O MOULDEN, MELVIN
932 ALLEN DR
WINCHESTER, VA.
22601
19
44 A 48A
THARP, SHARON M
1855 SENSENY RD
WINCHESTER, VA
22602
20
44 A 47
CAMPBELL, BEVERLY L & GARLAND L SR
114 WINDING RIDGE LN
WINCHESTER, VA
22603
21
44 A 43
BISHOP, GREGORY A & AMARI, THOMAS
285 BOGGESS LN
WINCHESTER, VA
22603
22
44B 1 1
D T SHIRLEY PROPERTIES LLC
2455 MARTINSBURG PIKE
STEPHENSON, VA
122656
5/l/2007
Adjoining Property Owners.xls
1 of 1
II•
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300 15 0 3 600
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NOTES:
1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ARTZ k ASSOCIATES ON MARCH 18, 2004.
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3, NO TITLE REPORT FURNISHED.
4. SEE SHEET 2 FOR COURSE INFORMATION.
I�
�I
44 -1 -D
O.L. & RUTH B.
1a5 GA " 132 Na
PAYNE
o'�sj P
381/225
ASSOCIATES ESMT. IN
802/1267
v A9 44-1-A
TM ((44B
/v RONALD S. & VELMA D.
? 2' SIMKHOVITCH
�F 883/181
B
J
3
0.192
ACRES
?8•
' 14.714
TM #446 -1 -1
ACRES
.4413 -1 -121)
WAMPLER'S MOBILE
PROPOSED
HOMES
TM -s
927/1092 c 99 13
.004 ACJ
(14 .004A
PROPOSED
ZONING
(15.006 AC) /
2 /
hM�
N / 1441
ACRES
TM #44 -1 -8
(1.002 AC.)
:j
S B�Sl r S
�ti
,
BB �
c�
cv sr"
1a5 GA " 132 Na
44 -1 -C !
s %
o'�sj P
EASY LIVING so' R/w
ASSOCIATES ESMT. IN
802/1267
468/634 26
`, (s 1.1 ACRES
TM ((44B
-1 -4
0.192
ACRES
TM #4413-1 -3
TM #446 -1 -1
CHARLES EDWARD &
PROPOSED
EVELYN 1). SHIPLEY
g2
ZONING
(4.021 AC)
PROPOSED REZONING PLAT
EASY LIVING
ASS®CIATES LAND
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: I`= 200' DATE: AUGUST 31, 2006
PRESENT OWNER;
EASY LIVING ASSOCIATES
SEE SHEET 2 FOR TAX MAP AND DEED INFORMATION
PROJECT ,#20650
'' y 'B y �S f J
9
L9,. - /!�kT
s p9 �� Ff( . , Q ,�.� l
AV
f' P " 1H OF 'P°%
MICHAEL M. ARTi
No 1951
9-
ky SUR�
44 -1 -D1
EASY LIVING
ASSOCIATE'E
468/629
/
/
SHEET 2 OF 2
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
C1
2824.79
100.26'
100.26'
S 4728'24" W
0702'01"
C2
2824.79'
171.14'
171.11'
S 45'13'33" W
03'28'16"
C3
2824.79'
69.78'
69.78'
S 4T40'OB" W
01'24'55"
C4
762.13
60.67
60.65'
S 48'59'30 W
04'33'40"
C5
2824.79'
1 155.83'
155.81'
S 5 1'11'14" W
03'09'38"
LINE
BEARING
DISTANCE
L1
S 47'58'26" W
34.43'
L2
S 47'49'52" W
100.68'
L3
S 49'28'27" E
304.27'
L4
N 49'34'25" W
310.33'
L5
N 47'42'31" E
215.61'
L6
S 4925'02" E
94.75
17
N 40'34'25" E
239.86'
L8
N 49'24'49" W
64.79'
19
N 49'24'49" W
248.88'
L10
N 49'28'13" W
116.43'
L71
N 49'23'12" W
109.95'
L12
N 40'39'59" E
69.31'
L13
S 49'26'16" E
124.94'
L14
S 49'25'34" E
319.76'
L15
N 4T44'34" E
40.28'
L16
N 48'54'26" W
155.23'
L17
N 4T41'00" E
201.44'
AREA TABULATION
PROPOSED B2 ZONING
TM
1.113 AC
TM
44B -1 -3
0.192 AC
TM
44B -1 -3A
0.441 AC
144B-1-2
TM
448 -1 -4
1.126 AC
TM
448 -1 -6 (PART OF
0.710 AC
TM
44 -1 -8 (PART OF
0.439 AC
TOTAL
B2 ZONING:
4.021 AC
PROPOSED B3 ZONING:
TM TM 44-1-8 6 �PART
PART OF 14.004 AC. AC.
TOTAL B3 ZONING: 15.006 AC.
PRESENT OWNER:
EASY LIVING ASSOCIATES
TM #44B -1 -2
TM #44B -1 -3
TM #44B -1 -3A
TM #44B -1 -4
TM #44B -1 -6
TM #44 -1 -B
1.113 ACRES
0:192 ACRES
0.441 ACRES
1.126 ACRES
14.714 ACRES
1.441 ACRES
OB 626, PG 810
- DB - 903, PG 244
INST.# 020008972
OB 903, PG 244
DB 438, PG 629
INST.# 060016824
COURSE SHEET FOR
PROPOSED REZONING PLAT
EASY LIVING
ASSOCIATES LAND
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
DATE: AUGUST 31, 2006
PRESENT OWNER:
EASY LIVING ASSOCIATES
PROJECT #20650
2 �
MICHAEL M. ARTZ r
No. 1951
$/47tlbb
S M. ( . 'N O SUR -y0
Artz and Associates, PLC 1
A 5 6 idl f V Ilg E Lmering P LC
LV1D sURT1N0 WE) PLAVNI C CEVEIDPHENT
16 Ent Pkcadill Sbeet
WINCHESTER, VA 22601 -4740
TEL 540 -667 -3233 FM 540 - 667 -9180 I
TOLL MEE 1- 600 - 755 -7320 /
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COMMERCIAL CENTER
DATE:2007 -03 -23 JJOB NUMBER: 0633 DESIGNED BY: DWE ADJOINING PROPERTY OWNERS MAP
SCALE: 1 Inch equals 300 Feet
GREENWAY ENGIPI
151 W1nJy Bill Lone
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Winchester. Vit'Stnlx 22602
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I' STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
EASY LIVING ASSOCIATES
COMMERCIAL CENTER
DATE:2007 -03 -23 JJOB NUMBER: 0633 DESIGNED BY: DWE ADJOINING PROPERTY OWNERS MAP
SCALE: 1 Inch equals 300 Feet
GREENWAY ENGIPI
151 W1nJy Bill Lone
1—. n m rs
Winchester. Vit'Stnlx 22602
Telephone 54o- 662 -4185
Engineers
FAX 540- 722 -0528
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I' STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
EASY LIVING ASSOCIATES
COMMERCIAL CENTER
DATE:2007 -03 -23 JJOB NUMBER: 0633 DESIGNED BY: DWE ADJOINING PROPERTY OWNERS MAP
SCALE: 1 Inch equals 300 Feet
GREENWAY ENGIPI
151 W1nJy Bill Lone
1—. n m rs
Winchester. Vit'Stnlx 22602
Telephone 54o- 662 -4185
Engineers
FAX 540- 722 -0528
S., .1.
m Qroan— ,nq...
Map Data Source: Frederick County, Va. GIS Department, 2006 Data
REZONING APPLICATION 903 -07
EASY LIVING ASSOCIATES
Staff Report for the Planning Commission
Prepared: April 2, 2007
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
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
Planning Commission: 04/18/07
Board of Supervisors: 05/09/07
Action
Pending
Pending
PROPOSAL To rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District,
and 15 acres from RA District to B3 (Industrial Transition Business) District, totaling 19.02 acres, with
proffers (a maximum of 120,000 square feet has been proffered).
LOCATION The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route 76 1) intersection
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS 44 -1 -B, 4413-1-2,4413-1-3. 44B -1 -3A, 4413-1 -4 and 44B -1 -6
PROPERTY ZONING RA (Rural Areas)
PRESENT USE Residential and Vacant
ADJOINING PROPERTY ZONING & PRESENT USE
North:
M1 (Light Industrial)
Use:
Residential
RA (Rural Areas)
Residential
South:
RA (Rural Areas)
Use:
Vacant
East:
RA (Rural Areas)
Use:
Residential/Vacant
West:
MH 1 (Mobile Home District)
Use:
Mobile Home Park
PROPOSED USES Commercial uses (a maximum of 120,000 square feet has been proffered)
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REVIEW EVALUATIONS:
Virginia Department of Transportation: The documentation within the application to rezone this
property appears to have significant measurable impact on Route 11. This route is the VDOT roadway
which has been considered as the access to the property referenced. VDOT is satisfied that the
transportation proffers offered in the Easy Living Associates Rezoning Application dated September 15,
2006 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. Trip Generation Manual, Seventh Edition for review. VDOT reserves
the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization,
and off -site roadway improvements and drainage. Any work performed on the State's right -of -way
must be covered under a land use permit. This permit is issued by this office and requires an inspection
fee and surety bond coverage.
Fire Marshall: Plan approval recommended.
Department of Inspections: No comments.
Department of Public Works: 1. Refer to Page 4, Wetlands: A wetlands delineation study shall be
performed prior to the master development plan submitted to verify that no upland wetlands exist within
the proposed project boundaries. 2. Refer to Page 4, Soil Types: Expand this discussion to include
descriptions of the existing karst geology and the potential for sinkhole development. A detailed
geotechnical analysis is recommended as part of the detailed site plan design.
Frederick - Winchester Service Authority: No comments.
Sanitation Authority Department: We have the sewer and water capacity to service this site.
Department of Parks & Recreation: No comments.
Winchester Regional Airport: We have determined that the proposed development plan will not have
an impact on operations at the Winchester Regional Airport. While the proposed site lies within the
airport's airspace, it does fall outside of the airport's Part 77 close in surfaces.
Historic Resources Advisory Board: It appears that the proposal does not significantly impact
historic resources and it is not necessary to schedule a formal review of the rezoning application by the
HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located
on the 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, but further research displays that this parcel has lost its integrity with respect to historic
value.
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Frederick County Public Schools: No comments.
County Attorney: 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. In Proffer C.2., staff should determine whether the proffer contained in the
second sentence is sufficiently definite. 2. It is not clear to me the relationship between Proffers C.3.
and C.6. The staff should review this. 3. In Proffer E., the proffer should provide that the monetary
contribution shall be to Frederick County "for ", rather than "directed to" the Clearbrook Volunteer Fire
and Rescue Company and County fire and rescue services. In addition, at the end of the second
sentence the words "all commercial structures" should be changed to "each commercial structure." 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 understand that that review will be done by the staff and the Planning
Commission.
Plannine Department: Please see attached letter dated January 25, 2007 from Michael T. Ruddy,
Deputy Director.
Planning & Zonine:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently 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.
2. Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The parcel comprising this rezoning application is located within the County's Sewer and Water
Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The
Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of
this site and along Route 11, Martinsburg Pike. The Plan also recognizes the existing industrial
zoning surrounding this site and the Developmentally Sensitive Areas (DSA's) which front the
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site. The application of quality design standards for future development is also an objective of
the Plan.
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the
County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane
facility. The Plan also states that proposed industrial and commercial development should only
occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick
County Bicycle Plan designates Route 11 as a short-term designated route.
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered that one public street
entrance and one commercial entrance shall be permitted on Martinsburg Pike from the
property. The project proposes additional access enhancements that safely accommodate the
existing traffic to the Easy Living Mobile Home Park through the project. Pedestrian
accommodations have been provided internally to the project and along the projects frontage
with Route 11.
3. Site Suitability /Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. This
area is also known for karst topography. The Frederick County Engineer has identified that a
detailed geotechnical analysis will be needed as part of the detailed site plan design.
4. Potential Impacts
A. Transportation
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 120,000 square feet of a
variety of commercial uses and a 16 pump gas station with mart. Using trip generation figures
from the I.T.E. Trip G Manual, 7` Edition the proposed rezoning is projected to
generate 9,803 average daily trips (ADT). The TIA indicates that Level of Service C conditions
or better will be maintained on study roads and intersections with the proposed signalization of
Old Charles Town Road and Route 11, for which the Stephenson Village project has proffered
the construction. The applicant has proffered the signalization of the main project entrance and
Martinsburg Pike.
The Traffic Impact Analysis (TIA) distributes approximately 35 percent of the traffic from the
site along Route 11 North to the intersection of Routs 11 and Hopewell Road, Route 672, in
Clearbrook. Recent TIA's have demonstrated level of service and lane geometry issues at this
intersection, the ultimate solution to which has yet to be determined. This application
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participates in providing a solution to achieve acceptable levels of service at this intersection by
providing a monetary contribution in the amount of $50,000 that may be used to allow for the
development of improvements in the general area of this intersection. This project should be
evaluated in relationship with other projects in this area that are currently under various stages
of review.
Interpareel connectivity should be a consideration with this application. Particular attention was
provided to the properties to the west and south of this project. Consideration was also given to
potential interparcel connection to the property to the north. However, this interparcel access
was not pursued by the Applicant. The properties to the south are likely to encounter entrance
spacing issues due to the proposed entrances and anticipated signalization improvements.
Interparcel connections through the B -2 commercial property will help facilitate movement
within the commercial properties and avoid additional conflicts on Route 11. Interparcel
connectivity between the commercial areas, Route 11, and access to the existing mobile home
park has been thoroughly provided by the applicant.
B. Sewer and Water
The FCSA has an eight inch sewer force main adjacent to the Winchester and Western Railroad
approximately 1000 feet west of the property to which the Applicants will connect. This
commercial development is expected to generate 500 gallons /day /acre for a total of 9,519 gpd.
The FCSA has a ten inch water main along Route I 1 and a 20 inch water main adjacent to the
Winchester and Western Railroad. This development is expected to generate 1000
gallons /day /acre for a total of 19,020 gpd. The FCSA has stated that they have the water and
sewer capacity to service this site.
C. Design Standards
The project's location on a major corridor and adjacent to an area identified as a
developmentally sensitive area warrants particular attention. This attention is provided in the
application by a combination of proffered commitments including a proffer to provide a detailed
corridor enhancement strip 20 feet in width along the frontage of the property. Included within
this strip is a ten foot multi -use trail and landscape plantings. The applicant has also proffered a
limitation on the signage on the property by limiting the business signs to one monument sign
(15 feet high and 100 square feet in size) for the land uses on the B3 portion of the property and
two monument style signs (10 feet high and 50 square feet in size) for the B2 portion of the
property. The applicant has further proffered general building material specifications and finally
special consideration has been provided to the buffer and screening of the adjacent properties, in
particular, any potential preservation of identified wooded areas.
D. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However, it is
recognized that commercial uses generally provide a positive impact on community facilities
through the additional generation of tax revenue. This application does address the impacts to
Fire and Rescue services by providing a monetary contribution in an amount of $12,000.
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5. Proffer Statement -Dated September 15, 2006 (Revised March 21, 2007)
1. Generalized Development Plan
A Generalized Development Plan has been proffered which identifies the general location of the
B2 and B3 zoning districts, the general location of the primary public street system and
commercial entrance on Route 11, the general location of the realigned private drive serving the
Easy Living Mobile Home Park, and the zoning district buffers.
2. Land Use Restrictions
The applicant has proffered the following land use restrictions:
a. The prohibition of a variety of uses within both the B2 and B3 zoning districts that will
be on the property.
b. A limitation on the maximum amount of structural square footage that may be
constructed on the property. A maximum of 120,000 square feet of total structure area,
30,000 square feet within the B2 portion of the property and 90,000 within the B3
portion of the property, has been proffered.
2. Transportation
The applicant has proffered a limitation on the entrances onto Route 11, the re- alignment of the
Easy Living Mobile Home Park access road to the new public street, sidewalk accommodations,
and interparcel connectivity. In addition, the applicant proffer includes construction of an
additional lane of Route 1 1 along the frontage of the property with the triggered timing of its
construction, the signalization of the main entrance to the project, and a monetary contribution
in the amount of $50,000 that may be used to allow for the development of improvements in the
general area of the intersection of Route 11 and Hopewell and Brucetown Roads. The applicant
has also proffered the dedication of an additional ten feet of right -away along the property's
frontage of Route 11.
3. Site Design Standards
The Applicant has proffered to provide a detailed corridor enhancement strip 20 feet in width
along the frontage of the property. Included within this strip is a ten foot multi -use trail and
landscape plantings. The applicant has proffered a limitation on the signage on the property by
limiting the business signs to one monument sign (15 feet high and 100 square feet in size) for
the land uses on the B3 portion of the property and two monument style signs (ten feet high and
50 square feet in size) for the B2 portion of the property. The applicant has also proffered
general building material specifications and finally special consideration has been provided to
the buffer and screening of the adjacent properties, in particular, any potential preservation of
identified wooded areas.
4. Monetary Contribution to Offset Impact of Development
This application does address the impacts to Fire and Rescue services by providing a monetary
contribution in an amount of $12,000 ($6,000 for the Clearbrook Volunteer Fire and Rescue
Department and $6,000 for County Fire and Rescue Services).
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STAFF CONCLUSIONS FOR 04/18/07 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan. The
application provides a level of sensitivity to the identified Developmentally Sensitive Areas, addresses
the appearance of the Route 1 l corridor, and recognizes the transportation improvements identified for
this corridor. Further, the impacts associated with this rezoning request appear to have been mitigated
by the Applicant.
A recommendation by the Planning Commission to the Board of Supervisors
concerning this rezoning application would be appropriate. The applicant should
be prepared to adequately address all concerns raised by the Planning Commission.