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Home My WebLink About03-07 CommentsCOUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 January 25, 2007 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 1,8 NI 2 5 2007 I V RE: Preliminary Comments — Easy Living Commercial Rezoning Application Dear Evan: The following points are offered regarding the Easy Living Commercial Rezoning application. Please consider them as you continue to work on the preparation of this rezoning application for submission to the County. Comprehensive Plan 1. 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 site. The application of quality design standards for future development is also an objective of the Plan. The application should further explain how the request is in conformance with the Plan and more particularly how the request addresses the DSA designation for the properties immediately adjacent to the site which front on Route 11. The goal would be to ensure compatibility of the proposal with the adjacent existing land uses and to provide for the application of quality design standards for the proposed land uses. Transportation 2. The Traffic Impact Analysis (TIA) distributes approximately 35 percent of the traffic from the site along Route I I North to the intersection of Route I I and Hopewell Road, Route 672, in Clearbrook. Recent TIA's have demonstrated level of service and lane geometry issues at this intersection, the solution to which has yet to be determined. This applicant may have the opportunity to participate to a greater extent in providing a solution to achieve acceptable levels of service at this intersection. This could involve working closely with other projects in this area that are currently under review. 3. Interparcel connectivity should be provided to the properties to the north and south of the project. This is in addition to the proposed connection the applicant has provided for the existing mobile home park. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 i • • Re: Easy Living Commercial — Preliminary Rezoning Comments January 25, 2007 Page 2 3.1. The properties to the south are likely to encounter entrance spacing issues due to the proposed entrances and anticipated signalization improvement's. Interparcel connections through the B -2 commercial property would help facilitate movement within the commercial properties and avoid additional conflicts on Route 11. 3.2. The property to the north is presently zoned M1 and RA. The extension of the Public Street to the northern property line should be a consideration. This would enable any additional commercial or industrial development to have safe access! to Route 11 via a signalized intersection. 4. It may be desirable to locate the proposed public street adjacent to the buffer on either the east or west side of the property to provide a greater amount of usable lot area for the future commercial projects. Placing it adjacent to the western buffer would address both this comment and provide access to the adjacent M1 zoned property. Alternately, placing it adjacent to the eastern buffer could afford the opportunity for future reverse access from the adjacent lots that front along Route 11, minimizing potential future access points along Route 11. Language could be offered that enables future access across the buffer area for the adjacent properties. In either scenario, a greater amount of developable area may result from locating the road adjacent to a buffer and the number of additional entrances onto Route 11 could be minimized. 5. The language in the Proffer Statement; A.) Generalized Development Plan, regarding the final location of the internal public street and commercial entrances should be more specific in an effort to address the interparcel connectivity issue described above. The final sentence appears to make the GDP irrelevant and should be reconsidered. 6. Access to the properties across Route I1 from the proposed project, in particular the Stephenson Post Office, should be carefully evaluated to make sure that their access would not be compromised by the proposed installation of a signal in the location identified in the GDP. 7. Martinsburg Pike is identified on the Frederick County Bicycle Plan with a short- term designation. Consideration of this item should be incorporated into the application. Recent applications on the west side of Martinsburg Pike have addressed this issue by providing for a ten foot wide multi -use trail along the frontage of their property. The consistent application of this improvement along the west side of Route 11 would be desirable. Consideration should also be given to providing a sidewalk adjacent to the new public street at least from Route 11 to the relocated entrance to the mobile home park. It is anticipated that this area will become more walkable as development of this style continues in close proximity to existing residential areas. 0 E Re: Easy Living Commercial — Preliminary Rezoning Comments January 25, 2007 Page 3 Proffer Statement and Community Facility Impacts 7. Areas of existing vegetation or mature woodlands should be evaluated and potentially preserved to the greatest extent possible and enhanced with additional plantings to provide protection to the adjacent residential land uses and DSA. It appears as though the existing vegetation within what would be the future buffer area may provide a desirable buffer. 8. A one -time initial contribution to Clearbrook Volunteer Fire and Rescue Company and to 'Frederick County for Fire and Rescue Services based upon the maximum proffered build -out of the site is suggested rather than the approach proposed in this proffer. This would simplify the administration of this proffer. 9. Proffer C.) 1. should specify one primary public street access to the property and one commercial entrance to the B2 portion of the property. 10. Proffer C.) 2. should include a timing trigger for the internal connection to be made consistent with the construction of the public street. 11. Proffer C.) 3. should occur concurrently with the first development activity on the property. The desire would be to ensure the proffered public street access, relocated private street from the mobile home park to the public street, and the frontage improvements occur with the onset of the development. The vehicle trips from the mobile home park alone would appear to warrant the initial construction of the frontage improvements. It would be undesirable to create a situation where the B2 portion of the property develops without the benefit of the public road access and the relocation of the mobile home park traffic around the B2 portion of the property. 12. Proffer C.) 5. should promote an approach consistent with that endorsed for other projects in the area of the needed improvements identified by the applicant. The scope of the improvements necessary and the costs of the improvements should be understood. This would enable an accurate evaluation of the appropriate contribution. 13. Proffer D.) 1. replicates existing setback requirements and landscaping details for parking lots adjacent to road right -of -ways. The application should seek to enhance the current requirements of the ordinance in an effort to address the goals of the Comprehensive Plan. and provide for a quality landscape design along the Route 11 corridor. 14. Proffer D.) 2. should be revisited to promote a sign that enhances the corridor appearance of Route 11 in conjunction with the landscaping. A further reduction in the number, size, and square footage of the signage is recommended as a means to achieving this objective. As an example, in the Round Hill Route 50 Corridor, one monument sign per development with a maximum size of 50 square feet and a maximum height of 12 feet would be acceptable. 9 a Re: Easy Living Commercial — Preliminary Rezoning Comments January 25, 2007 Page 4 15. Proffer D.) 3. should promote design elements that clearly achieve a desired standard of design for this project. As currently written, the proffer does not appear to guarantee the quality standard of design sought by the Plan. Consideration could be given to proffering particular design elements or even the design of the commercial buildings in the B2 portion of the property if a particular style and character of commercial use has been identified. Other A relatively significant violation of the County's Zoning Ordinance appears to exist on the property in the form of large piles of debris and trash. This issue should be addressed by the property owner immediately. Please feel free to contact me if you have any questions or would like additional assistance with this rezoning request. Sincerely,, / Michael T. Ruddy, AICP Deputy Director MTR/bad cc: Mark Cheran, Zoning Administrator. Rezoning Comments • Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984 -5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540) - 53501828 Applicant: Please fill out the information:as:accurately as possible in order to assist the Virginia Department of Transportation wi6their review. Attach a copy of your application form, m location map, proffer stateent impact analysis, and any other pertinent information. 1. Applicant's Name: Greenway Engineeriniz Telephone: 540- 662 -4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject property is located on the west side of Martinsbure Pike (U.S. Route 11), aouroximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route 761) intersection. Current zoning: RA District Zoning requested: B2 District (4.02 ac.) & B3 District (15.0 act Acreage: 19.02 total acres Virginia Department of Transportation Comments: See attached email from VDOT to Mr. Evan Wyatt with rrPPnc y Engineering dated December 29 2006. VDOT Signature & Date: 12/29/06 ... . , Gym Notice to VDOT — Please Return This Form to the Applicant Easy Living Associates Commercial Center - VDOT Comments to Rezoning Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda [ Rhonda .Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram @ VDOT.Virginia.gov] Sent: Friday, December 29, 2006 8:50 AM To: Evan Wyatt Cc: Ingram, Lloyd; 'Eric Lawrence' Subject: Easy Living Associates Commercial Center - VDOT Comments to Rezoning 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. Thank you for allowing us the opportunity to comment. <<SCN_20061229084821 _001.pdf>> Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984 -5611 (540) 984 -5607 (fax) 1/2/2007 Control number Date received RZ06 -0020 10/13/2006 Project Name Easy Living Associates Commercial Center Address City 151 Windy Hill Ln. Winchester Type Application Tax ID Number Rezoning 44 -1 -13, etc Current Zoning R` Recommendations Automatic Fire Alarm System No Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Date reviewed 10/1612006 Applicant Greenway Engineering State Zip VA 22602 Fire District 13 r. Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Date Revised Applicant Phone 540-6624185 Rescue'District 13 Election District Stonewall Residential Sprinkler System No Fire Lane Required Yes Special Hazards No OCT 1 6 2006 I� Plan Approval Recommended Reviewed By Signature Yes J. Neal li Title se Y 0 0 0 0 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 March 14, 2007 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Easy Living Associates Commercial Center Rezoning Comments Frederick County, Virginia Dear Evan: We have completed our review of the rezoning application for the proposed Easy Living Commercial Center and offer the following comments: ,Refer to Page 4, Wetlands: A wetlands delineation study shall be performed prior to the master development plan submittal 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. I can be reached at 722 -8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES /rls cc: Planning and Development file C:\Program Files \WordPerfect Office X3\ Rhonda\ TEMPCOMMENT9\ EASVLIVINGASSOCCOMCTRREZCOM.wpd 107 North Kent Street • Winchester, Virginia 22601 -5000 Rezoning Comments 0 0 Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.G. Box 1877 Winchester, Virginia, 22601 (540) 665 -1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia \pplicant Please fill out the information as accr rately as possible in order to assist the q� Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent informati Applicant's Name: Greenway Engineering Telephone: 540 -662 -4185 \i/failing Address: 151 Windy Hill Lane Y�J'� 1/YIVX /' Winchester, VA 22602 Location of property: The subject property is located on the west side of Martinsburg Pike (U.S. Route 11) approximately 600 feet north of the Martinsbure Pike /Old Charles Town Road (Route 761) intersection. Current zoning: RA District Zoning requested: B2 District (4.02 ac) & B3 District (15.0 ac.) Acreage: 19.02 total acres Sanitation Authority Comments: W.F f/,QVF Tffct SE1yF,4 -6' 019T, 7 ,A C4Pi9C 17 To 5,ERV�F 7 //5 5 /T.E' I Sanatation Authority Signature & Date: 6 i5� Notice to Sanitation Authority — Please Return This Form to the Applicant III OCT 16 2006 Rezoning Comments 0 0 Frederick— Winchester Service Authority Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P -O. Box 43 Winchester, Virginia 22604 (540) 722 -3 Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540- 662 -4185 Mailing Address: 151 Windv Hill Lane Winchester, VA 22602 Location of property: The subject property is located on the west side of Martinsburg Pike (U.S. Route 11) approximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route 76 1) intersection. Current zoning: RA District Zoning requested: B2 District (4.02 ac.) & B3 District (15.0 ac.) Acreage: 19.02 total acres Fred-Wine Service Authority's Comments: Fred- Winc Service Authority's Signature & Date: UJVL 10 1te 06 Notice to Fred -Winc Service Authority — Please Return This Form to the Applicant LS & tb a 1� OCT 17 2006 Rezoning Comments 0 Winchester Regional Airport Nlail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 ( 540) 662.2422 11 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, Proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engincerina Telephone: 540- 662 -4185 Mailine Address: 151 Windv Hill Lane Winchester, VA 22602 Location cf property: The subject property is located on the west side of Martinsburg Pike (U.S. Route 11) approximately 600 feet north of the Martinsburg Pike /Old Charles Town Road (Route 761) intersection. Current zoning: RA District Zoning requested: B2 District (4.02 ac) & B3 District (15.0 ac.) Acreage: 19.02 total acres Winchester Regional Airport's Comments: CA k:ka it - A Q i Winchester Regional Airport's Signature & Date: tiON \r��mlu� IZ�IS�Oh Notice to Winchester Regional Airport — Please Return This Form to the Applicant 0 0 WINCHESTER REGIONAL AIRPORT SERVING THE ~ 491 AIRPORT ROAD TOP Of VIRGINIA WINCHESTER, VIRGINIA 22602 (540) 6622422 December 15, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment Easy Living Associates Commercial Center Stonewall Magisterial District Dear Mr. Wyatt: We have reviewed the proposed Rezoning application and 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. Thank you for your continued cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director DEC 1 3 2006 0 COUNTY of FREDERICK November 9, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Lane Winchester, VA 22602 Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Easy Living Rezoning; PINS # 44 -t -B, 44B -1 -2, 44B -1 -3, 44B -1 -4, 44B -1 -6 Dear Mr. Wyatt: 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, but further research displays that this parcel has lost its integrity with respect to historic value. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Kevin T. enry Planning Technician KTH /bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFE45(ONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892 -1972) 7 e 007 EAST IMRRET sTREE 9 EAST B05CAWEN STREET THOMAS- V. MONAHAN (1924-1999) SAMUEL D. ENGLE LEESBURG. VIRGINIA WINCHESTER, VIRGINIA O, LELANO MAHAN TELEPHONE 703 7 7 / - 1050 TELEPHONE. S.. GB '32. ROBERT T. MITCHELL JR. FAx saossza9Ga JAMES A. KLENKAft Wwyera�hailmonahan.com STEVEN F. JACKSON ( �e-mAIL January 29, 2007 DENNIS J. MCLOUGHLIN, JR. HAND DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO R O. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Easy Living Associates -- Route 11 North Commercial Proposed Proffer Statement Dear Mike: 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. 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. 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy January 29, 2007 Page 2 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 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. Veit' truly yours, Robert T. Mitchell, J `. RTM /ks