HomeMy WebLinkAbout11-07 ApplicationCOU4 v EDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
January 24, 2008
John C. Lewis
Painter - Lewis, PLC
116 S. Stewart St.
Winchester, VA 22601
RE: REZONING #11 -07 OF 1932 SENSENY ROAD PHARMACY
Dear John:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on January 23, 2008. The Board denied the request to rezone 2.2 acres from RP
(Residential Performance Areas) District to B2 (General Business) District, with proffers. The
properties are located at 1932 Senseny Road (Route 657) at the intersection with Greenwood Road
(Route 656), and are identified by Property Identification Numbers 55 -A -196 and 65A -2 -1 in the
Red Bud Magisterial District.
Section 165 -11 of the Frederick County Zoning Ordinance requires a minimum period of 12 months
to elapse before the consideration of another application for rezoning of substantially the same land
to the same zoning district designation.
Please do not hesitate to contact this office if you have any questions regarding the denial of this
rezoning application.
Sincerely,
Michael T. Ruddy, AICP
Deputy Planning Director
cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor
Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Sandra Love, 503 Old Kitchen Rd., White Post, VA 22663
MTR/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
i f
REZONING APPLICATION #11 -07
1932 SENSENY ROAD PHARMACY
Staff Report for the Board of Supervisors
Prepared: January 9, 2008
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 then" 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 hp staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 11/07/07 Tabled 45 days
01/02/08 Recommended Approval
Board of Supervisors: 01/23/08 Pending
PROPOSAL To rezone 2.2 acres from RP (Residential Perforniance) District to B2 (General
Business) District, with proffers specifically for a pharmacy with drive through window.
LOCATION The properties are located at 1932 Senseny Road (Route 657) at the intersection with
Greenwood Road (Route 656).
MAGISTERIAL DISTRICT Red Bud
PROPERTY ID NUMBERS 55 -A -196 and 65A -2 -1
PROPERTY ZONING RP (Residential Performance)
PRESENT USE Residential
ADJOINING PROPERTY ZONING & PRESENT USE
North:
B2 (Business General)
Use:
Retail
South:
RP (Residential Performance)
Use:
Residential
East:
RP (Residential Performance)
Use:
Residential
West:
RP (Residential Performance)
Use:
Residential
B2 (Business General)
Use:
Retail
PROPOSED USES Retail Use; Pharmacy with drive through window.
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Rezoning #11 -07 — 1932 Senseny Road Pharmacy
January 9, 2008
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: The documentation within the application to rezone this
property appears to have significant measurable impact on Routes 657 and 656. These routes are the
VDOT roadways which have been considered as the access to the property referenced. VDOT has
reviewed the transportation proffers offered in the rezoning application. While the applicant has
attempted to mitigate the traffic impacts, there still is the possibility that there is insufficient left
turn stacking room on north bound Route 656 at the intersection of Route 657. The applicant's
parcel lacks sufficient depth to allow for adequate right -of -way dedication to elevate the stacking
situation. All other impacts appear to have been adequately addressed. 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: We have no comments regarding the proposed rezoning. We do,
however, reserve the right to perform a detailed review of the site plan.
Frederick - Winchester Service Authority: No comment.
Sanitation Authority Department: We have adequate sewer and water facilities to serve this site.
Department of Parks & Recreation: No comment.
Health Department: Health Dept. has no objection to rezoning, as public water and sewer services to
be provided.
Winchester Regional Airport: While the proposed development lies within the airport's Part 77
surfaces and airspace, it appears that the proposed site plan should not impact operations at the
Winchester Regional Airport.
Frederick County Public Schools: Based on the information provided that states no residential units
will be part of the rezoning, there will be no impact to the school population upon build -out.
Historic Resources Advisory Board: The HRAB considered the rezoning proposal during their
meeting of February 20, 2007 and again on April 17, 2007 to discuss the proposed historical monument
on the property. The HRAB reviewed the generalized development plan and proposed marker provided
by your office and offered no additional comments. The I-IRAB has endorsed the proposed rezoning
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Rezoning #11 -07 — 1932 Senseny Road Pharmacy
January 9, 2008
Page 3
with the historic monument to the Greenwood School House (DHR #34 -421).
Attorney Comments: In my opinion, all proffers are in proper legal form. However, I would
recommend that the language of #3 be modified to make it clear the $1,000 "cash contributions" relates
to each permit.
Planning Department:
Please see attached correspondence from Mike Ruddy doled April 12, 2007
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this
property as being rezoned from A -2 (Agricultural General) to R -3 (Residential) with rezoning
application 01 8 -78. Subsequently, the residential zoning classifications were consolidated into
the RP (Residential Performance) zoning district, the zoning which the property currently
retains.
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 site is located within the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA).
The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The
land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan
(6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this
key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at
this intersection, developing the south eastern portion of the intersection for neighborhood
commercial development, if done in a compatible manner, would be consistent with the
Comprehensive Policy Plan.
While Senseny Road is not specifically a business corridor, the business design standards in the
Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the
roadway, screening adjoining uses, and controlling the size number and location of signs.
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Rezoning #11 -07— 1932 Senseny Road Pharmacy
January 9, 2008
Page 4
Recently, The Frederick County Board of Supervisors approved the land use proposal for the
urban areas of the County. This alternative form of land use provides a desirable choice for
properties located within areas identified as potential neighborhood villages and urban centers.
This property is located in an area designated as a potential neighborhood village. Staff has
encouraged this applications consideration of the neighborhood village concept and the
principles of new urbanism to the greatest extent practical. However, this is a not a requirement
of the Comprehensive Plan, rather a choice that may be utilized by the applicant when
considering the future development of a property.
Regardless of the above comment, this property is located in a developing area that contains a
number of established residential properties. Special consideration should be provided to ensure
that the impacts to the adjacent residential properties are considered. The general policies in the
existing Comprehensive Plan, which call for high quality design and compatibility between uses
and housing types, need to be followed. Given the lack of details concerning the physical
construction of the property, the County should be confident that the commercial use of this
property will be complementary with area and adjacent residential uses.
Transporlalion
The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an
improved major collector. This translates to a four -lane divided urban section, such as is being
implemented with Warrior Drive within the Wakeland Manor development. The idealized
intersection design in the Comprehensive Plan (6 -15) illustrates appropriate features including
raised medians with landscaping, landscaping along the edge ofthe right -of -way, and sidewalks.
Greenwood Road adjacent to this property is designated as an improved minor collector road.
The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route.
The applicant is implementing the Eastern Road Plan. On Senseny Road an additional lane is
being provided as is a raised median across the frontage of the property providing additional
access management. Greenwood Road is being improved to the standard identified in the
Eastern Road Plan. However, the improvements do not fully address the turning movements
identified in the Applicant's TIA.
Sile Access and design.
Access to the site is proposed via a right in, right out only entrance on Senseny Road. This
restricted movement is further promoted with the construction of a raised median within
Senseny Road that extends from Greenwood Road to beyond the eastern property line of the
property.
The Applicant is proposing a full commercial entrance on Greenwood Road at the southern
most point of their property. As noted elsewhere in this report, concerns have been expressed
regarding the limited ability to accommodate a critical left turn movement on northbound
Greenwood Road at its intersection with Senseny Road. This issue was highlighted by V DOT
during their review of the TIA.
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Rezoning #11 -07 — 1932 Senseny Road Pharmacy
January 9, 2008
Page 5
3) Site Suitability/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There arc no identified areas of steep slopes, floodplains or woodlands.
The property is the site of the historical Greenwood School House (DHR #34 -421), one of only
a few schools constructed of formed rusticated concrete block. Some other attributes of the
school included a bell tower that sat on the roof as well as serving as a public school in the
"Modern Expansion Era." The site has been used as a residence since the schools closure in
1942.
The initial review of this application by the I -IRAB offered several suggestions to be considered
to mitigate impacts on historic resources. Please see the attached letter dated February 26, 2007
which describes the original recommendations of the HRAB. The Applicant returned to the
HRAB on April 17, 2007 and obtained their endorsement of the proposed rezoning with the
construction of a historic monument to the Greenwood School House. A historical monument
has been proffered by the Applicant. The construction will generally conform to the sketch
included as part of this application (Exhibit 8).
4) Potential Impacts
Proposed Uses:
The application is very specific with the use proposed; a pharmacy with a drive through window
has been proffered. Therefore, the potential impacts can be easily evaluated.
A. Transportation
Traffic Impact Analysis.
The TIA prepared for this application was based upon the development of a 13,000 square foot
phannacy with a drive through window and evaluated the functionality of the Greenwood Road
and Senseny Road intersection. It is anticipated that the use would generate 1,146 vehicle trips
per weekday with a weekday p.m. peak hour of 124 vehicle trips. It was projected that the
background traffic, in addition to the traffic generated by the proposed rezoning, would degrade
the intersection.
The Applicant's transportation program seeks to address the impacts identified in the TIA.
However, careful consideration should be given to the transportation impacts of the request as
they pertain to Greenwood Road and its intersection with Senseny Road. All intersections
should reflect a LOS C or better. This is a goal of the Comprehensive Policy Plan. Overall, the
intersection does not achieve this goal due to the northbound left turn movement on Greenwood
Road.
VDOTreviewed the application and transportation proffers offered in the rezoning application
and offered the following comment: While the applicant has attempted io mitigate the traffic
impacts, (here still is the possibility that (here is insufficient left turn stacking room on north
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Rezoning 411-07 — 1932 Senseny Road Pharmacy
January 9, 2008
Page 6
bound Route 656 at the intersection gfRoute 657. The applicant's parcel lacks sqfficient depth
to allow for adequate right -of -way dedication to elevate the stacking situation. All other
impacts appear to have been adequately addressed.
Transportation Program.
The Applicant's transportation program provides for the construction of improvements to Route
656, Greenwood Road, and Route 657, Senseny Road, across both road frontages of the
property. This is to include right -of -way dedication and construction generally consistent with
that identified on the Generalized Development Plan and required by VDOT. As depicted on
the Generalized Development Plan, the proposed improvements to Senseny Road implement the
County' s Eastern Road Plan. Access to and from Senseny Road has been restricted to a right in
and right out only entrance with additional median separation as identified on the Generalized
Development Plan.
A full commercial entrance is proposed on Greenwood Road. It is at this location that the
possibility exists that there is insufficient left turn stacking room on north bound Route 656 at
the intersection of Route 657. The applicant's parcel lacks sufficient depth to allow for
adequate right -of -way dedication to elevate the stacking situation. This entrance should be
carefully evaluated.
In relation to this issue and the request in general_ the applicant has proffered to provide
$25,000.00 for future transportation improvements within the Route 657 and Route 656 right -
of -ways.
The Applicant has sought to address inter- parcel circulation and access by proffering a fifty foot
easement at the south east corner of the site to allow for access for future redevelopment on the
properties to the east of this parcel.
B. Design Standards
Particular effort should be made to provide for enhanced design of the project to facilitate
improved corridor appearance and the sensitive integration of the project into the surrounding
community. Signage, landscaping, lighting, and building layout and form should be carefully
planned to ensure that this is achieved. Such design elements should seek to exceed those
provided on other similar developments (Orrick Commons) to ensure that this project fits in
with the surroundings and context of this particular location. The above could be done in
context with the historical character of the property and could also recognize the location as a
potential neighborhood center.
The application provides for a limitation on the commercial signage to a single monument sign.
The maximum height of the sign has been proffered at 20 feet. The current ordinance proposal
under evaluation for signage may restrict the height of monument signs along collector roads to
15 feet. This application should seek to be consistent with the proposed ordinance. The
historical monument provides context as to the historic use of the property and is a positive
design element.
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Rezoning 411 -07 — 1932 Senseny Road Pharmacy
January 9, 2008
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C. 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. The Applicant has proffered a monetary
contribution in the amount $1,000.00 for impacts to fire and rescue services for the benefit of
the Greenwood Fire and Rescue Company.
5) Proffer Statement— Dated .lanuary 24, 2007; revised February 22, 2007, April 13, 2007, .Iuly
19, 3007, August 20, 2007, September 21, 2007. Final revision dated December 13, 2007.
A) Generalized Development Plan
The Applicant has proffered a Generalized Development Plan for the purpose of
identifying the general configuration of the proposed commercial development and
locations of site access.
B) Land Use
The Applicant has proffered that the only permitted use on the property will be a
pharmacy with drive through windows.
A five foot sidewalk has been proffered parallel to Senseny and Greenwood Roads.
Signage has been limited to a single monument sign. The maximum height of the sign
has been proffered at 20 feet. Staff note: The current ordinance proposal under
evaluation for signage may restrict the height of monument signs along collector
roads to 15 feet This application should seek to be consistent with the proposed
ordinance.
The building is proffered to be constructed using compatible building architectural
style and materials and has limited the facades of the building to certain materials. Staff
note: A specific design, including building orientation, has not been provided.
C) Transportation
The Applicant has proffered frontage improvements on Route 656, Greenwood Road,
and Route 657, Senseny Road, including right -of -way dedication and construction
generally consistent with that identified on the Generalized Development Plan and
required by VDOT.
Access to and from Senseny Road has been restricted to a right in and right out only
entrance with additional median separation as identified on the Generalized
Development Plan.
A full commercial entrance is proposed on Greenwood Road. Staff note: It is at this
location that the possibility exists that there is insufficient left turn stacking room on
north bound Route 656 at the intersection of Route 657. The applicant's parcel
lacks sufficient depth to allow for adequate right -of -way dedication to elevate the
stacking situation. This entrance should be carefully evaluated.
The Applicant has proffered to provide $25,000.00 for future transportation
improvements within the Route 657 and Route 656 right of ways.
The Applicant has proffered a fifty foot easement at the south east corner of the site to
allow for inter - parcel circulation and access for future redevelopment on the properties
to the east of this parcel.
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Rezoning 411 -07 — 1932 Senseny Road Pharmacy
January 9, 2008
Page 8
The final revision, dated December 13, 2007, provides for the ability to close the
proposed entrances in favor of improved access and circulation south of the entrance
on Greenwood Road and in a location directly across from the signalized entrance to
the Orrick Commons project. Both scenarios could only occur with the development
of adjacent properties and the provision of inter parcel connectivity. This is an
attempt to provide a long term solution to address the concerns over access to and
from the site. In addition, this final statement has committed the Applicant to
providing pedestrian signalization with the crossing of Senseny Road. Ultimately, this
would be done with the approval of VDOT in accordance with their requirements.
D) Community Facilities
The Applicant has proffered a monetary contribution in the amount $1,000.00 for
impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue
Company.
E) Historical
The Applicant has agreed to construct a monument on the site commemorating the
Greenwood School. This monument will be constructed of materials from the original
Greenwood School and generally conform to the sketch shown in Exhibit 8 of the
rezoning application.
STAFF CONCLUSIONS FOR 11/07/07 PLANNING COMMISSION MEETING:
This rezoning application is generally consistent with the Comprehensive Policy Plan, in particular, the
long range transportation elements of the plan. However, careful consideration should be given to the
impacts generated by this request, in particular, the transportation impacts of the request as they pertain
to Greenwood Road and its intersection with Senseny Road. All intersections should reflect a LOS C or
better and that is not accomplished with this application.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/07/07 MEETING
Three local residents and the owner of the Greenwood Grocery and Deli came forward to speak
regarding this rezoning application. Two of the residents inquired about provisions for pedestrian and
bicycle mobility and if crosswalks would be available. They also asked about landscaping for the site.
The third citizen was a homeowner whose house and driveway were located directly across from the
pharmacy entrance. She said she would be directly impacted by the traffic, and by vehicle headlights
and parking lot lighting shining into her home and onto her property. She inquired about the hours of
operation and the appearance of the structure. She talked about the traffic congestion at all hours ofthe
day and said her mailbox was located across the street, next to the pharmacy entrance. The owner of the
Greenwood Grocery and Deli asked if the proposed median would block left -turn traffic from going into
his main entrance on Senseny Road.
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Rezoning #11 -07 — 1932 Senseny Road Pharmacy
January 9, 2008
Page 9
Commission members commented that this was a low- intensity business and would provide a
neighborhood service. They recognized efforts by the applicant to improve the transportation problems
at this location, particularly with the expansion of the intersections, the right -in and right -out, and the
median strip. However, they agreed there would be some imperfect traffic issues remaining on
Greenwood Road. Additionally, given the location within an established neighborhood, they wanted
the applicant to go further in providing some comfort to the community in terms of the appearance of
the structure and site. They believed more information was needed regarding the structure's appearance
and how it will tit onto the site and possibly, the submission of a rendering. Commissioners also
requested the applicant provide additional information on pedestrian connectivity.
The Commission voted to table the rezoning application for 45 days to allow the applicant an
opportunity to provide additional information concerning building design, site layout, and pedestrian
connectivity. The majority vote was as follows:
YES (TO TABLE) Mohn, Kerr, Triplett, Kriz, Ours, Wilmot, Light, Oates, Morris, Manuel, Watt,
Unger
NO: Thomas
STAFF UPDATE FOR 01/02/08 PLANNING COMMISSION MEETING:
The Applicant has provided the Planning Commission with a revised version of the Proffer Statement
dated December 13, 2007.
In an effort to address some of the comments made during the Planning Commission meeting Proffer
Number 12 has been added which attempts to provide a long term solution to address the concerns over
access to and from the site. Ultimately, the ability has been provided through this proffer to close the
proposed entrances in favor of improved access and circulation south of the entrance on Greenwood
Road and in a location directly across from the signalized entrance to the Orrick Commons project.
Both scenarios could only occur with the development of adjacent properties and the provision of inter
parcel connectivity.
Proffer Number 13 has been added which commits the Applicant to providing pedestrian signalization
with the crossing of Senseny Road. Ultimately, this would be done with the approval of VDOT in
accordance with their requirements.
The Applicant has also provided a series of renderings of the building elevations for the Commission's
review. Please recognize that these renderings are not proffered. Rather, they have been provided to
represent the prototype that the Applicant believes will be constructed on this property. Staff had
discussed the possibility of providing additional architectural detail along the road frontages of this
property. At this time, the Applicant has not modified the details of the building further.
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Rezoning #11 -07 — 1932 Senseny Road Pharmacy
January 9, 2008
Page 10
PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/02/08 MEETING
During the public comment portion of the hearing, the homeowner on Greenwood Road, directly across
the street from the pharmacy's proposed entrance, stated she had met with the applicant's representative
to discuss screening of her property, although issues had not yet been resolved. She had concerns about
the placement of proposed landscaping on her property. She wanted assurances that the height of the
proposed landscaping would be sufficient to shield her home from headlights and parking lot lighting.
She expressed her concerns about existing traffic congestion on Greenwood Road and the difficulty
exiting her driveway. In addition, she did not think the appearance of two -story pharmacy would fit in
with the surrounding neighborhood, which consisted of single- family, one -story residences.
Commission members inquired of the applicant whether he would be able to address the homeowners
concerns. They questioned the applicant about why the renderings and site layout had not been
submitted as proffers. Commission members also pointed out a pending revision to the County's sign
ordinance which will restrict sign heights along collector roads to 15 feet; they asked the applicant
about reducing the monument sign height from 20 to 15 feet.
The applicant stated that while the rendering of the building and site layout had not been proffered, he
was confident this was how the site and structure would look upon construction, based on the monetary
investment in the project. The applicant commented on the submittal of a pedestrian crossing plan for
Senseny Road, noting their proffer for its implementation. The applicant also spoke about the proffered
resolution recognizing that entrances may be too close to the intersections and noting their long -term
plan for improved access with inter - parcel connections, once commercial development occurs along the
Greenwood and Senseny Road corridors. He also mentioned their intent to dedicate right -of -way, to
construct turn lanes, and to provide transportation funds. In addition, the applicant commented on the
productive dialogue with the property owner on Greenwood Road; the applicant agreed to plant
whatever the homeowner desired in that area, within reason. He noted that the homeowner had
suggested the possibility of a one -year window after the pharmacy is in operation to see what the
impacts will actually be. The applicant also agreed to meet with his client to consider reducing the sign
height to 15 feet.
Commission members recognized the transportation issues in this area, but were satisfied with the
applicant's willingness to close the existing entrances, if and when the surrounding properties develop
commercially, in favor of improved access and circulation south of the entrance on Greenwood Road.
Commission members also recognized efforts by the applicant to work with the adjoining homeowners,
particularly with landscaping, and the pedestrian crossing. A member ofthe Commission recommended
the applicant consider stronger language concerning design standards.
By a unanimous vote, the Planning Commission unanimously recommended approval of the
rezoning.
(Note: Commissioner Mohn abstained from voting and discussion.)
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Rezoning #11 -07 — 1932 Senseny Road Pharmacy
January 9, 2008
Page II
STAFF UPDATE AND CONCLUSION FOR 01/23/08 BOARD OF SUPERVISORS MEETING:
The Applicant has not modified their Proffer Statement since the Planning Commission's
recommendation of approval of the rezoning application. Therefore, the additional design standards
language for the building and the sign height reduction to 15 feet from 20 feet discussed during the
Commission's 01/02/08 meeting is not reflected in the final version of the Proffer Statement dated
December 13, 2007. This was not a condition oftlie Commission's recommendation. rather a request by
the Commission for further consideration.
This rezoning application is generally consistent with the Comprehensive Policy Plan, especially the
long range transportation elements of the plan. The Commission carefully considered the impacts
generated by this request, in particular, the transportation impacts of the request. This rezoning does not
fully achieve an acceptable level of service at the intersection of Greenwood Road and Senseny Road
due to their being an insufficient left turn stacking room on north bound Greenwood Road at the
intersection of Senseny Road. However, the Applicant's proffer (Proffer #12) to provide for the
potential closure of the proposed entrances in favor of improved access and circulation south of the
entrance on Greenwood Road and in a location directly across from the signalized entrance to the Orrick
Commons project was considered an acceptable long term approach to this issue by the Planning
Commission. Ultimately, the Planning Commission favorably recommended this request.
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REZONING APPLICATION #11 -07
1932 SENSENY ROAD PHARMACY
Staff Report for the Planning Commission
Prepared: October 23, 2007 (Updated December 14, 2007)
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
This report is prepared by the Frederick County Planting 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: 11/07/07
Tabled 45 days
01/02/08
Pending
Board of Supervisors: 02/13/08
Pending
PROPOSAL To rezone 2.2 acres from RP (Residential Performance) District to B2 (General
Business) District, with proffers specifically for a pharmacy with drive through window.
LOCATION The properties are located at 1932 Senseny Road (Route 657) at the intersection with
Greenwood Road (Route 656).
MAGISTERIAL DISTRICT Red Bud
PROPERTY ID NUMBERS 55 -A -196 and 65A -2 -1
PROPERTY ZONING RP (Residential Performance)
PRESENT USE Residential
ADJOINING PROPERTY ZONING & PRESENT USE
North:
B2 (Business General)
Use:
Retail
South:
RP (Residential Performance)
Use:
Residential
East:
RP (Residential Performance)
Use:
Residential
West:
RP (Residential Performance)
Use:
Residential
B2 (Business General)
Use:
Retail
PROPOSED USES Retail Use: Pharmacy with drive through window.
Rezoning 411 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: The documentation within the application to rezone this
property appears to have significant measurable impact on Routes 657 and 656. These routes are the
VDOT roadways which have been considered as the access to the property referenced. VDOT has
reviewed the transportation proffers offered in the rezoning application. While the applicant has
attempted to mitigate the traffic impacts, there still is the possibility that there is insufficient left
turn stacking room on north bound Route 656 at the intersection of Route 657. 'rhe applicant's
parcel lacks sufficient depth to allow for adequate right -of -way dedication to elevate the stacking
situation. All other impacts appear to have been adequately addressed. 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. V DOT 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: We have no comments regarding the proposed rezoning. We do,
however, reserve the right to perform a detailed review of the site plan.
Frederick - Winchester Service Authority: No comment.
Sanitation Authority Department: We have adequate sewer and water facilities to serve this site.
Department of Parks & Recreation: No comment.
Health Department: Health Dept. has no objection to rezoning, as public water and sewer services to
be provided.
Winchester Regional Airport: While the proposed development lies within the airport's Part 77
surfaces and airspace, it appears that the proposed site plan should not impact operations at the
Winchester Regional Airport.
Frederick County Public Schools: Based on the information provided that states no residential units
will be part of the rezoning, there will be no impact to the school population upon build -out.
Historic Resources Advisory Board: The HRAB considered the rezoning proposal during their
meeting of February 20, 2007 and again on April 17, 2007 to discuss the proposed historical monument
on the property. The HRAB reviewed the generalized development plan and proposed marker provided
by your office and offered no additional comments. The HRAB has endorsed the proposed rezoning
Rezoning 411-07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 3
with the historic monument to the Greenwood School House (DHR #34 -421).
Attorney Comments: In my opinion, all proffers are in proper legal form. However, I would
recommend that the language of #3 be modified to make it clear the $1,000 "cash contributions' relates
to each permit.
Planning Department:
Please see attached correspondence from Mike Ruddy dated April 12 2007
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this
property as being rezoned from A -2 (Agricultural General) to R -3 (Residential) with rezoning
application 018 -78. Subsequently, the residential zoning classifications were consolidated into
the RP (Residential Performance) zoning district, the zoning which the property currently
retains.
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 site is located within the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA).
The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The
land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan
(6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this
key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at
this intersection, developing the south eastern portion of the intersection for neighborhood
commercial development, if done in a compatible manner, would be consistent with the
Comprehensive Policy Plan.
While Senseny Road is not specifically a business corridor, the business design standards in the
Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the
roadway, screening adjoining uses, and controlling the size, number and location of signs.
Rezoning 411 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 4
Recently, The Frederick County Board of Supervisors approved the land use proposal for the
urban areas of the County. This alternative form of land use provides a desirable choice for
properties located within areas identified as potential neighborhood villages and urban centers.
This property is located in an area designated as a potential neighborhood village. Staff has
encouraged this applications consideration of the neighborhood village concept and the
principles of new urbanism to the greatest extent practical. However, this is a not a requirement
of the Comprehensive Plan, rather a choice that may be utilized by the applicant when
considering the future development of a property.
Regardless of the above comment, this property is located in a developing area that contains a
number of established residential properties. Special consideration should be provided to ensure
that the impacts to the adjacent residential properties are considered. The general policies in the
existing Comprehensive Plan, which call for high quality design and compatibility between uses
and housing types, need to be followed. Given the lack of details concerning the physical
construction of the property, the County should be confident that the commercial use of this
property will be complementary with area and adjacent residential uses.
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an
improved major collector. This translates to a four -lane divided urban section, such as is being
implemented with Warrior Drive within the Wakeland Manor development. The idealized
intersection design in the Comprehensive Plan (6 -15) illustrates appropriate features including
raised medians with landscaping, landscaping along the edge of the right -of -way, and sidewalks.
Greenwood Road adjacent to this property is designated as an improved minor collector road.
The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route.
The applicant is implementing the Eastern Road Plan. On Senseny Road an additional lane is
being provided, as is a raised median across the frontage of the property providing additional
access management. Greenwood Road is being improved to the standard identified in the
Eastern Road Plan. However, the improvements do not fully address the turning movements
identified in the Applicant's TIA.
Site Access and design.
Access to the site is proposed via a right in, right out only entrance on Senseny Road. This
restricted movement is further promoted with the construction of a raised median within
Senseny Road that extends from Greenwood Road to beyond the eastern property line of the
property.
The Applicant is proposing a full commercial entrance on Greenwood Road at the southern
most point of their property. As noted elsewhere in this report, concerns have been expressed
regarding the limited ability to accommodate a critical left turn movement on northbound
Greenwood Road at its intersection with Senseny Road. This issue was highlighted by VDOT
during their review of the TIA.
0 0
Rezoning #11 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 5
3) Site SuitabilitylEnvironment
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.
The property is the site ofthe historical Greenwood School House (DHR 434 -421), one ofonly
a few schools constructed of formed rusticated concrete block. Some other attributes of the
school included a bell tower that sat on the roof as well as serving as a public school in the
"Modem Expansion Era." The site has been used as a residence since the schools closure in
1942.
The initial review ofthis application by the HRAB offered several suggestions to be considered
to mitigate impacts on historic resources. Please see the attached letter dated February 26, 2007
which describes the original recommendations of the HRAB. The Applicant returned to the
HRAB on April 17, 2007 and obtained their endorsement of the proposed rezoning with the
construction of a historic monument to the Greenwood School House. A historical monument
has been proffered by the Applicant. The construction will generally conform to the sketch
included as part of this application (Exhibit 8).
4) Potential Impacts
Proposed Uses:
The application is very specific with the use proposed; a pharmacy with a drive through window
has been proffered. Therefore, the potential impacts can be easily evaluated.
A. Transportation
Traffic Impact Analysis.
The TIA prepared for this application was based upon the development of a 13,000 square foot
pharmacy with a drive through window and evaluated the functionality of the Greenwood Road
and Senseny Road intersection. It is anticipated that the use would generate 1,146 vehicle trips
per weekday with a weekday p.m. peak hour of 124 vehicle trips. It was projected that the
background traffic, in addition to the traffic generated by the proposed rezoning, would degrade
the intersection.
The Applicant's transportation program seeks to address the impacts identified in the TIA.
However, careful consideration should be given to the transportation impacts of the request as
they pertain to Greenwood Road and its intersection with Senseny Road. All intersections
should reflect a LOS C or better. This is a goal of the Comprehensive Policy Plan. Overall, the
intersection does not achieve this goal due to the northbound left turn movement on Greenwood
Road.
V DOT reviewed the application and transportation proffers offered in the rezoning application
and offered the following comment: While the applicant has attempted to mitigate the iraffrc
impacts, (here still is the possibility that there is insufficient left turn stacking room on north
0 0
Rezoning #11 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 6
bound Route 656 at the intersection ofRoute 657. The applicant's parcel lacks sufficient depth
to allow for adequate right -of -way dedication to elevate the stacking situation. All other
impacts appear to have been adequately addressed.
Transportation Program.
The Applicant's transportation program provides for the construction of improvements to Route
656, Greenwood Road, and Route 657, Senseny Road, across both road frontages of the
property. This is to include right -of -way dedication and construction generally consistent with
that identified on the Generalized Development Plan and required by VDOT. As depicted on
the Generalized Development Plan, the proposed improvements to Senseny Road implement the
County' s Eastern Road Plan. Access to and from Senseny Road has been restricted to a right in
and right out only entrance with additional median separation as identified on the Generalized
Development Plan.
A full commercial entrance is proposed on Greenwood Road. It is at this location that the
possibility exists that there is insufficient left turn stacking room on north bound Route 656 at
the intersection of Route 657. The applicant's parcel lacks sufficient depth to allow for
adequate right -of -way dedication to elevate the stacking situation. This entrance should be
carefully evaluated.
In relation to this issue and the request in general, the applicant has proffered to provide
$25,000.00 for future transportation improvements within the Route 657 and Route 656 right -
of -ways.
The Applicant has sought to address inter - parcel circulation and access by proffering a fifty foot
easement at the south east corner of the site to allow for access for future redevelopment on the
properties to the east of this parcel.
B. Design Standards
Particular effort should be made to provide for enhanced design of the project to facilitate
improved corridor appearance and the sensitive integration of the project into the surrounding
community. Signage, landscaping, lighting, and building layout and form should be carefully
planned to ensure that this is achieved. Such design elements should seek to exceed those
provided on other similar developments (Orrick Commons) to ensure that this project fits in
with the surroundings and context of this particular location. The above could be done in
context with the historical character of the property and could also recognize the location as a
potential neighborhood center.
The application provides for a limitation on the commercial signage to a single monument sign.
The maximum height of the sign has been proffered at 20 feet. The current ordinance proposal
under evaluation for signage may restrict the height of monument signs along collector roads to
15 feet. This application should seek to be consistent with the proposed ordinance. The
historical monument provides context as to the historic use of the property and is a positive
design element.
0 0
Rezoning #11 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 7
C. 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 cormnunity facilities
through the additional generation of tax revenue. The Applicant has proffered a monetary
contribution in the amount $1,000.00 for impacts to fire and rescue services for the benefit of
the Greenwood Fire and Rescue Company.
5) Proffer Statement —Dated January 24, 2007; revised February 22, 2007, April 13, 2007, July
19, 3007, August 20, 2007, September 21, 2007.
A) Generalized Development Plan
The Applicant has proffered a Generalized Development Plan for the purpose of
identif the general configuration of the proposed commercial development and
locations of site access.
B) Land Use
The Applicant has proffered that the only permitted use on the property will be a
pharmacy with drive through windows.
A five foot sidewalk has been proffered parallel to Senseny and Greenwood Roads.
Signage has been limited to a single monument sign. The maximum height of the sign
has been proffered at 20 feet. Staff note: The current ordinance proposal under
evaluation for Signage may restrict the height of monument signs along collector
roads to 75 feet. This application should seek to be consistent with the proposed
ordinance.
The building is proffered to be constructed using compatible building architectural
style and materials and has limited the facades of the building to certain materials. Staff
irate: A specific design, including building orientation, has not been provided
C) Transportation
The Applicant has proffered frontage improvements on Route 656, Greenwood Road,
and Route 657, Senseny Road, including right -of -way dedication and construction
generally consistent with that identified on the Generalized Development Plan and
required by VDOT.
Access to and from Senseny Road has been restricted to a right in and right out only
entrance with additional median separation as identified on the Generalized
Development Plan.
A full commercial entrance is proposed on Greenwood Road. Staff note: It is at this
location that the possibility exists that there is insufficient left turn stacking room on
north bound Route 656 at the intersection of Route 657. The applicant's parcel
lacks sufficient depth to allow for adequate right -of -way dedication to elevate the
stacking situation. This entrance should be carefully evaluated.
The Applicant has proffered to provide $25,000.00 for future transportation
improvements within the Route 657 and Route 656 right of ways.
The Applicant has proffered a fifty foot easement at the south east corner of the site to
allow for inter - parcel circulation and access for future redevelopment on the properties
to the east of this parcel.
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Rezoning 911 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 8
D) Community Facilities
The Applicant has proffered a monetary contribution in the amount $1,000.00 for
impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue
Company.
E) Historical
The Applicant has agreed to construct a monument on the site commemorating the
Greenwood School. This monument will be constructed of materials from the original
Greenwood School and generally conform to the sketch shown in Exhibit 8 of the
rezoning application.
STAFF CONCLUSIONS FOR 11/07/07 PLANNING COMMISSION MEETING:
This rezoning application is generally consistent with the Comprehensive Policy Plan, in particular, the
long range transportation elements of the plan. However, careful consideration should be given to the
impacts generated by this request, in particular, the transportation impacts of the request as they pertain
to Greenwood Road and its intersection with Senseny Road. All intersections should reflect a LOS C or
better and that is not accomplished with this application.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/07/07 MEETING
Three local residents and the owner of the Greenwood Grocery and Deli came forward to speak
regarding this rezoning application. Two of the residents inquired about provisions for pedestrian and
bicycle mobility and if crosswalks would be available. They also asked about landscaping for the site.
The third citizen was a homeowner whose house and driveway were located directly across from the
pharmacy entrance. She said she would be directly impacted by the traffic, and by vehicle headlights
and parking lot lighting shining into her home and onto her property. She inquired about the hours of
operation and the appearance of the structure. She talked about the traffic congestion at all hours of the
day and said her mailbox was located across the street, next to the pharmacy entrance. The owner of the
Greenwood Grocery and Deli asked if the proposed median would block left -turn traffic from going into
his main entrance on Senseny Road.
Commission members commented that this was a low - intensity business and would provide a
neighborhood service. They recognized efforts by the applicant to improve the transportation problems
at this location particularly with the expansion of the intersections, the right -in and right -out, and the
median strip. However, they agreed there would be some imperfect traffic issues remaining on
Greenwood Road. Additionally, given the location within an established neighborhood, they wanted
the applicant to go further in providing some comfort to the community in terms of the appearance of
the structure and site. They believed more information was needed regarding the structure's appearance
and how it will fit onto the site and possibly, the submission of a rendering. Commissioners also
requested the applicant provide additional information on pedestrian connectivity.
• 0
Rezoning 411 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 9
The Commission voted to table the rezoning application for 45 days to allow the applicant an
opportunity to provide additional information concerning building design, site layout, and pedestrian
connectivity. The majority vote was as follows:
YES (TO TABLE) Mohn, Kerr, Triplett, Kriz, Ours, Wilmot, Light, Oates, Morris, Manuel, Watt,
Unger
NO: Thomas
STAFF UPDATE FOR 01/02/08 PLANNING COMMISSION MEETING:
The Applicant has provided the Planning Commission with a revised version of the Proffer Statement
dated December 13, 2007.
In an effort to address some of the comments made during the Planning Commission meeting Proffer
Number 12 has been added which attempts to provide a long term solution to address the concerns over
access to and from the site. Ultimately, the ability has been provided through this proffer to close the
proposed entrances in favor of improved access and circulation south of the entrance on Greenwood
Road and in a location directly across from the signalized entrance to the Orrick Commons project.
Both scenarios could only occur with the development of adjacent properties and the provision of inter
parcel connectivity.
Proffer Number 13 has been added which commits the Applicant to providing pedestrian signalization
with the crossing of Senseny Road. Ultimately, this would be done with the approval of VDOT in
accordance with their requirements.
The Applicant has also provided a series of renderings of the building elevations for the Commission's
review. Please recognize that these renderings are not proffered. Rather, they have been provided to
represent the prototype that the Applicant believes will be constructed on this property. Staff had
discussed the possibility of providing additional architectural detail along the road frontages of this
property. At this time, the Applicant has not modified the details of the building further.
Following the requirement for a public /rearing, a recommendation
by the Planing Commission to the Board ofSuperyisors concerning this rezoning application would be
appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning
Commission.
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ORRICK CEMETERY COMPANY, INC. Application
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REZONING APPLICATION 911 -07
1932 SENSENY ROAD PHARMACY
Staff Report for the Planning Commission
Prepared: October 23, 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: 11/07/07
Board of Supervisors: 12/12/07
Action
Pending
Pending
PROPOSAL To rezone 2.2 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers specifically for a pharmacy with drive through window.
LOCATION The properties are located at 1932 Senseny Road (Route 657) at the intersection with
Greenwood Road (Route 656).
MAGISTERIAL DISTRICT Red Bud
PROPERTY ID NUMBERS 55 -A -196 and 65A -2 -1
PROPERTY ZONING RP (Residential Performance)
PRESENT USE Residential
ADJOINING PROPERTY ZONING & PRESENT USE
North:
B2 (Business General)
Use:
Retail
South:
RP (Residential Performance)
Use:
Residential
East:
RP (Residential Performance)
Use:
Residential
West:
RP (Residential Performance)
Use:
Residential
B2 (Business General)
Use:
Retail
PROPOSED USES Retail Use; Pharmacy with drive through window.
0 9
Rezoning 911 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 2
REVIEW EVALUATIONS:
Virginia Department of Transportation: The documentation within the application to rezone this
property appears to have significant measurable impact on Routes 657 and 656. These routes are the
VDOT roadways which have been considered as the access to the property referenced. VDOT has
reviewed the transportation proffers offered in the rezoning application. While the applicant has
attempted to mitigate the traffic impacts, there still is the possibility that there is insufficient left
turn stacking room on north bound Route 656 at the intersection of Route 657. The applicant's
parcel lacks sufficient depth to allow for adequate right -of -way dedication to elevate the stacking
situation. All other impacts appear to have been adequately addressed. 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: We have no comments regarding the proposed rezoning. We do,
however, reserve the right to perform a detailed review of the site plan.
Frederick - Winchester Service Authority: No comment.
Sanitation Authority Department: We have adequate sewer and water facilities to serve this site.
Department of Parks & Recreation: No comment.
Health Department: Health Dept. has no objection to rezoning, as public water and sewer services to
be provided.
Winchester Regional Airport: While the proposed development lies within the airport's Part 77
surfaces and airspace, it appears that the proposed site plan should not impact operations at the
Winchester Regional Airport.
Frederick Countv Public Schools: Based on the information provided that states no residential units
will be part of the rezoning, there will be no impact to the school population upon build -out.
Historic Resources Advisory Board: The HRAB considered the rezoning proposal during their
meeting of February 20, 2007 and again on April 17, 2007 to discuss the proposed historical monument
on the property. The HRAB reviewed the generalized development plan and proposed marker provided
by your office and offered no additional comments. The HRAB has endorsed the proposed rezoning
Rezoning 911-07— 1932 Senseny Road Pharmacy
October 23, 2007
Page 3
with the historic monument to the Greenwood School House (DHR #34 -421).
Attorney Comments: In my opinion, all proffers are in proper legal form. However, I would
recommend that the language of #3 be modified to make it clear the $1,000 "cash contributions' relates
to each permit.
Planning Department:
Please see attached correspondence from Mike Ruddy dated April 12, 2007
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this
property as being rezoned from A -2 (Agricultural General) to R -3 (Residential) with rezoning
application 018 -78. Subsequently, the residential zoning classifications were consolidated into
the RP (Residential Performance) zoning district, the zoning which the property currently
retains.
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]
La nd Use
The site is located within the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA).
The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The
land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan
(6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this
key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at
this intersection, developing the south eastern portion of the intersection for neighborhood
commercial development, if done in a compatible manner, would be consistent with the
Comprehensive Policy Plan.
While Senseny Road is not specifically a business corridor, the business design standards in the
Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the
roadway, screening adjoining uses, and controlling the size, number and location of signs.
Rezoning #11 -07 —1932 Senseny Road Pharmacy
October 23, 2007
Page 4
Recently, The Frederick County Board of Supervisors approved the land use proposal for the
urban areas of the County. This alternative form of land use provides a desirable choice for
properties located within areas identified as potential neighborhood villages and urban centers.
This property is located in an area designated as a potential neighborhood village. Staff has
encouraged this applications consideration of the neighborhood village concept and the
principles of new urbanism to the greatest extent practical. However, this is a not a requirement
of the Comprehensive Plan, rather a choice that may be utilized by the applicant when
considering the future development of a property.
Regardless of the above comment, this property is located in a developing area that contains a
number of established residential properties. Special consideration should be provided to ensure
that the impacts to the adjacent residential properties are considered. The general policies in the
existing Comprehensive Plan, which call for high quality design and compatibility between uses
and housing types, need to be followed. Given the lack of details concerning the physical
construction of the property, the County should be confident that the commercial use of this
property will be complementary with area and adjacent residential uses.
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an
improved major collector. This translates to a four -lane divided urban section, such as is being
implemented with Warrior Drive within the Wakeland Manor development. The idealized
intersection design in the Comprehensive Plan (6 -15) illustrates appropriate features including
raised medians with landscaping, landscaping along the edge of the right -of -way, and sidewalks.
Greenwood Road adjacent to this property is designated as an improved minor collector road.
The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route.
The applicant is implementing the Eastern Road Plan. On Senseny Road an additional lane is
being provided, as is a raised median across the frontage of the property providing additional
access management. Greenwood Road is being improved to the standard identified in the
Eastern Road Plan. However, the improvements do not fully address the turning movements
identified in the Applicant's TIA.
Site Access and design.
Access to the site is proposed via a right in, right out only entrance on Senseny Road. This
restricted movement is further promoted with the construction of a raised median within
Senseny Road that extends from Greenwood Road to beyond the eastern property line of the
property.
The Applicant is proposing a full commercial entrance on Greenwood Road at the southern
most point of their property. As noted elsewhere in this report, concerns have been expressed
regarding the limited ability to accommodate a critical left turn movement on northbound
Greenwood Road at its intersection with Senseny Road. This issue was highlighted by VDOT
during their review of the TIA.
Rezoning 911 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 5
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.
The property is the site of the historical Greenwood School House (DHR #34 -421), one of only
a few schools constructed of formed rusticated concrete block. Some other attributes of the
school included a bell tower that sat on the roof as well as serving as a public school in the
"Modern Expansion Era." The site has been used as a residence since the schools closure in
1942.
The initial review of this application by the HRAB offered several suggestions to be considered
to mitigate impacts on historic resources. Please see the attached letter dated February 26, 2007
which describes the original recommendations of the HRAB. The Applicant returned to the
HRAB on April 17, 2007 and obtained their endorsement of the proposed rezoning with the
construction of a historic monument to the Greenwood School House. A historical monument
has been proffered by the Applicant. The construction will generally conform to the sketch
included as part of this application (Exhibit 8).
4) Potential Impacts
Proposed Uses:
The application is very specific with the use proposed; a pharmacy with a drive through window
has been proffered. Therefore, the potential impacts can be easily evaluated.
A. Transportation
Traffic Impact Analysis.
The TIA prepared for this application was based upon the development of a 13,000 square foot
pharmacy with a drive through window and evaluated the functionality of the Greenwood Road
and Senseny Road intersection. It is anticipated that the use would generate 1,146 vehicle trips
per weekday with a weekday p.m. peak hour of 124 vehicle trips. It was projected that the
background traffic, in addition to the traffic generated by the proposed rezoning, would degrade
the intersection.
The Applicant's transportation program seeks to address the impacts identified in the TIA.
However, careful consideration should be given to the transportation impacts of the request as
they pertain to Greenwood Road and its intersection with Senseny Road. All intersections
should reflect a LOS C or better. This is a goal of the Comprehensive Policy Plan. Overall, the
intersection does not achieve this goal due to the northbound left turn movement on Greenwood
Road.
VDOT reviewed the application and transportation proffers offered in the rezoning application
and offered the following comment: While the applicant has attempted to mitigate the traffic
impacts, there still is the possibility that there is insufficient left turn stacking room on north
Rezoning #11 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 6
bound Route 656 at the intersection of Route 657. The applicant's parcel lacks sufficient depth
to allow for adequate right -of -way dedication to elevate the stacking situation. All other
impacts appear to have been adequately addressed.
Transportation Program.
The Applicant's transportation program provides for the construction of improvements to Route
656, Greenwood Road, and Route 657, Senseny Road, across both road frontages of the
property. This is to include right -of -way dedication and construction generally consistent with
that identified on the Generalized Development Plan and required by VDOT. As depicted on
the Generalized Development Plan, the proposed improvements to Senseny Road implement the
County' s Eastern Road Plan. Access to and from Senseny Road has been restricted to a right in
and right out only entrance with additional median separation as identified on the Generalized
Development Plan.
A full commercial entrance is proposed on Greenwood Road. It is at this location that the
possibility exists that there is insufficient left turn stacking room on north bound Route 656 at
the intersection of Route 657. The applicant's parcel lacks sufficient depth to allow for
adequate right -of -way dedication to elevate the stacking situation. This entrance should be
carefully evaluated.
In relation to this issue and the request in general, the applicant has proffered to provide
$25,000.00 for future transportation improvements within the Route 657 and Route 656 right-
of-ways.
The Applicant has sought to address inter - parcel circulation and access by proffering a fifty foot
easement at the south east corner of the site to allow for access for future redevelopment on the
properties to the east of this parcel.
B. Design Standards
Particular effort should be made to provide for enhanced design of the project to facilitate
improved corridor appearance and the sensitive integration of the project into the surrounding
community. Signage, landscaping, lighting, and building layout and form should be carefully
planned to ensure that this is achieved. Such design elements should seek to exceed those
provided on other similar developments (Orrick Commons) to ensure that this project fits in
with the surroundings and context of this particular location. The above could be done in
context with the historical character of the property and could also recognize the location as a
potential neighborhood center.
The application provides for a limitation on the commercial signage to a single monument sign.
The maximum height of the sign has been proffered at 20 feet. The current ordinance proposal
under evaluation for signage may restrict the height of monument signs along collector roads to
15 feet. This application should seek to be consistent with the proposed ordinance. The
historical monument provides context as to the historic use of the property and is a positive
design element.
i
Rezoning 411 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 7
C. 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. The Applicant has proffered a monetary
contribution in the amount $1,000.00 for impacts to fire and rescue services for the benefit of
the Greenwood Fire and Rescue Company.
5) Proffer Statement — Dated January 24, 2007; revised February 22, 2007, April 13, 2007, July
19, 3007, August 20, 2007, September 21, 2007.
A) Generalized Development Plan
The Applicant has proffered a Generalized Development Plan for the purpose of
identifying the general configuration of the proposed commercial development and
locations of site access.
B) Land Use
The Applicant has proffered that the only permitted use on the property will be a
pharmacy with drive through windows.
A five foot sidewalk has been proffered parallel to Senseny and Greenwood Roads.
Signage has been limited to a single monument sign. The maximum height of the sign
has been proffered at 20 feet. Staff note: The current ordinance proposal under
evaluation for signage may restrict the height of monument signs along collector
roads to 15 feet. This application should seek to be consistent with the proposed
ordinance.
The building is proffered to be constructed using compatible building architectural
style and materials and has limited the facades of the building to certain materials. Staff
note: A specific design, including building orientation, has not been provided
C) Transportation
The Applicant has proffered frontage improvements on Route 656, Greenwood Road,
and Route 657, Senseny Road, including right -of -way dedication and construction
generally consistent with that identified on the Generalized Development Plan and
required by VDOT.
Access to and from Senseny Road has been restricted to a right in and right out only
entrance with additional median separation as identified on the Generalized
Development Plan.
A full commercial entrance is proposed on Greenwood Road. Staff note: It is at this
location that the possibility exists that there is insufficient leftturn stacking room on
north bound Route 656 at the intersection of Route 657. The applicant's parcel
lacks sufficient depth to allow for adequate right -of -way dedication to elevate the
stacking situation. This entrance should be carefully evaluated.
The Applicant has proffered to provide $25,000.00 for future transportation
improvements within the Route 657 and Route 656 right-of-ways.
The Applicant has proffered a fifty foot easement at the south east corner of the site to
allow for inter - parcel circulation and access for future redevelopment on the properties
to the east of this parcel.
• i
Rezoning #11 -07 — 1932 Senseny Road Pharmacy
October 23, 2007
Page 8
D) Community Facilities
The Applicant has proffered a monetary contribution in the amount $1,000.00 for
impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue
Company.
E) Historical
The Applicant has agreed to construct a monument on the site commemorating the
Greenwood School. This monument will be constructed of materials from the original
Greenwood School and generally conform to the sketch shown in Exhibit 8 of the
rezoning application.
STAFF CONCLUSIONS FOR 11/07/07 PLANNING COMMISSION MEETING:
This rezoning application is generally consistent with the Comprehensive Policy Plan, in particular, the
long range transportation elements of the plan. However, careful consideration should be given to the
impacts generated by this request, in particular, the transportation impacts of the request as they pertain
to Greenwood Road and its intersection with Senseny Road. All intersections should reflect a LOS C or
better and that is not accomplished with this application.
Following the requirement for a public hearing, 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.
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. Applicant: :Lhn C. 1eiuhs P LC &L11 Ci/Y
! OCVOp 1
Name: ICinte�' Ltwis i LC Telephone: - Wod 5 g c / J
Address 6 S- lste
2. Property Owner (if different than above)
Name: Co < - CA V C lo- r K
Address: ) l 3a
0C1d
Telephone:
3. Contact person if other than above
Name: ' b-YYd I'CL /-O vc Telephone: 53 (c - `f30
Dower of AHorney
4. Checklist: Check the following items that have been included with this application.
Location map / Agency Comments ✓
Plat ✓ Fees ✓
Deed to property ✓ Impact Analysis Statement ✓
Verification of taxes paid ✓ Proffer Statement
11
0
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:
f rVin DC- VCIOPMe.nt, CA+r
6. A) Current Use of the Property:
ICI pe—i- Forr'1once.
� : �U sin ess �r�- ze���l Drs tric f
B) Proposed Use of the Property:
7. Adjoining Property:
PARCEL ID NUMBER
SS - A -a-ol
ss -A -
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ss -A -Iq g
55 -a -iq4
b5 A -"1-
bsA -�
( osA 3 - J
69A-3 -L /4
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USE
Cvmmei eat/ Nesicienfirt-/
ms ;denfrI
Commerci&I
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i ^CSi� er�ha-
i�s rcien t� i
are
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8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
(q ,32 Sensei�
2cucl
Intcv'secfior or Serlilnny Road ai'ic
C J ^eCn L\; ROad (Sootheclsf quadr
ZONING
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PA-
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RP
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9. The following information should be provided according to the type of rezoning
proposed :
Number of Units Proposed
Single Family homes:
Non - Residential Lots:
Townhome:
Mobile Home:
Multi - Family:
Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: I;�,q00 uyr Manufacturing:
Restaurant: Warehouse:
Other:
10. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the road
right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): u ��(� Date: 0
Date:
Owner(s): A W Date: 1 " d 7
Date:
13
0 0
as I.
- -- Planning Office, County of Frederick,_ Virginia,_ 107_ Nort Ke
Phone 540 -665 -5651
Facsimile 540- 665 -6395
Know All Men By These Presents: That I (We)
(Name)
Special Limited Power of Attorney
County of Frederick, Virginia
22601
(Phone) 3/0 ��q ' 3 6VO
(Address) 7(}) OLO� IC11 /7 / wlu/t F '"1
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, i Virginia, by
�� �'
ftMtrMTTMrtft, on Page V6 and is described as
a ��+
Parcel: Lot li ll Block: f� Section: SS Subdivision:
do hereby make, constitute and appoint:
(Name) Painter Lewis FLC (Phone)( S` 6 �(Oa_ 5 ' 7 9a
(Address) X16 S. St St. V110611(fSEer, VA �a ta0 i
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 applications for my (our) above described Property, including:
Rezoning (Including proffers)
G Conditional Use Permits
G Master Development Plan (Preliminary and Final)
G Subdivision
G Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set my (our) hand and seat this 26 day of j26 , 2002,
Signature(s)
State of Virginia, City/Goof ¢mot To -wit:
1 .� I � WtL Fl- l �_ 1 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has
acknowledged the same before me in the jurisdiction aforesaid this 2 �- day of Scn f+ , 2003.
7 My Commission Expires:
tary Publi
0 0
Adjoining Property Owners - 1932 Senseny Road Rezoning
Name and Property Identification Number
Address
Name: Orrick Cemetery Company, Inc.
501 S. Braddock Street
c/o R.W. Burks Admin.
Winchester, VA 22601
Property # 55 -A -201
Name: Stafford, Timothy V. & Mary McHale
8705 C Street
Property # 55 -A -197
Chesapeake Beach, VA
20732
Name: Green Sen, LLC c/o Greenwood Grocery
1893 Senseny Road
Property # 55 -A -198
Winchester, VA 22602
Name: TCG Management, LLC
847 Lake St. Clair
Property # 55 -A -194
Winchester, VA 22603
Name: Stafford Timothy V. & Mary McHale
8705 C Street
Property # 65A -7 -8
Chesapeake Beach, VA
20732
Name:Kerns, Kathy S.
918 Greenwood Road
Property # 65A -7 -7
Winchester, VA 22602
Name: Shields, Robert J. & Carolyn L.
927 Greenwood Road
Property # 65A -3 -39
Winchester, VA 22602
Name: Gum, David C. Jr. & Paige E.
3026 Woodside Road
Property # 65A -3 -44
Clearbrook, VA 22624
Name: Mason, Kenneth L. & Shirley A.
1930 Senseny Road
Property # 65A -2 -1 -2
Winchester, VA 22602
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