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HomeMy WebLinkAbout07-08 Impact Analysis1fl» Wa I ' I `HUT 02 M Y2 ' A PROPOSED REZONING for UNGER PROPERTY TM #53A -A -6, #53A -A -5 Route 522 -North Frederick Pike Stonewall Magisterial District Frederick County, Virginia September 3, 2008 Prepared for: Frances A. Unger 5179 Barley Drive Stephens City, Virginia 22655 Prepared by: PAINTER- LEWIS, P.L.C. 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Tel.: (540)662 -5792 email: office @painterlewis.com Job Number: 0803001 11 UNGER PROPERTRY M #53A -A -6, 53A -A -5 0 • IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section OM i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 6 • 0 page 2 UNGER PROPERAM #53A -A -6, 53A -A -5 0 i.INTRODUCTION Frances A. Unger (the Owner) proposes to rezone two parcels of land located along Route 522 between Westminster- Canterbury Drive and Hickory Lane in Frederick County, VA. One parcel is currently zoned RA and is identified by Tax Identification Number 53A -A -6. The parcel contains 0.85 acres. The second parcel is identified by Tax Identification Number 53A -A -5. This parcel is zoned B2 and is included by reference in the proffers associated with this rezoning request. The location of these parcels is shown on Exhibit 1 on the following page. It is the Applicant's desire to have these parcels rezoned to B2, Business General District with proffers. The intended purpose of the rezoning request is to enable the owner to develop the land for commercial purposes. These parcels will be combined with adjoining parcels #53 -4 -2 -D AND 53- 4 -3 -D1 to create a single parcel that will be developed for use as a drug store. A. SITE SUITABILITY The subject parcels are currently used as a residence and a grocery. The parcels are located to the east of the Route 37 West Land Use Plan according to the Frederick County Comprehensive Policy Plan. The stated goal of the area study is to balance the economic development opportunities associated with the existing development activities while limiting development potential west of Route 37. The parcel is to the east of Route 37, within an area that already contains significant commercial development. The parcel is also within an area that contains significant residential development. The parcel is contained within the Eastern Frederick County Long Range land Use Plan and is identified for commercial development. The site is within the boundaries of the Sewer and Water Service Area as well as the Urban Development Area. A conceptual plan for the parcels once combined with the two adjacent parcels, has been developed and is shown as Exhibit 2. Combining the four parcels will provide frontage and access from both Route 522 and Westminster Canterbury Drive. The implementation of the conceptual plan will require the demolition of the existing buildings on the site. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0105 shows that the subject parcel is not in the floodplain. WETLANDS No wetlands have been identified on the site. STEEP SLOPES Steep slopes, as defined by the Frederick County Zoning Ordinance, do not occur within (. the boundaries of the proposed rezoning area. page 3 4 1 r Sh t F j o t, Con Restaihental 3 0 f uran r Sunnyside Plaza f3 j fJ t h a E %c r ; = 1 jdU "Westbury ommons ' r; ' /k-,! Sub Ivlsion 10 ) ( h i VV tG /� �jpvg� ® A DRAWN y B p Y:: c P.L.C. 817 Cedar Creek Grade, Suite 120 WINCHESTER, VIRGINIA 22601 TELEPHONE (540) 662 -5792 FACSIMILE (540) 662 -5793 EMAIL: office @pointeriewis.com TM #53A- A- 6,53A -A -5 North Frederick Pike FREDERICK COUNTY, VA SCA LE: 1' =200' DRAWN BY: SEM DATE: 07 -08 -08 JOB X0803001 SHEET: PROPERTY EXHIBIT EXHIBIT 1 UNGER PROPERTAM #53A -A -6, 53A -A -5 • Al • MATURE WOODLANDS No mature woodlands are located within the boundaries of the proposed rezoning area. Some mature specimens exist on the perimeter of the site and some of these trees will be preserved during the construction of future commercial facilities. SOILS The soils on the site are in the Frederick - Poplimento associations. The USGS Soils map shows the predominant soil types on the site are Frederick - Poplimento Loams (14B) and Frederick - Poplimento Rock Outcrop Complex. These soils are gently to strongly sloping, well- drained, and deep. B. SURROUNDING PROPERTIES The subject parcel is bordered by parcels that are zoned either RP or B2. The surrounding parcels include TM #s 53A- 2 -D -3, 53A- 2 -D -2, 53A- 2 -D -1, 53A -2 -C, 53-4-2 - D, 53- 4 -3 -D1, and 53B -5 -11 B. The locations of these parcels are shown on Exhibit 2. The zoning, owner, and use of each parcel is shown in the table below. Tax Map No. Owner Ex. Zoning Ex. Use 53A -2 -D -3 Almira Kipps RP Res. 53A -2 -D -2 Gerald & Jami Wrenn RP Res. 53A -2 -D -1 Robert Clark RP Res. 53A -2 -C Robert Hassinger B2 Com. 53 -4 -2 -D Upper Crust, LLC B2 Com.. 53- 4 -3 -D1 Upper Crust, LLC B2 Com.. 53B -5 -11B Harvest Communities, Inc. RP Res. The proposed commercial project has been designed to reduce impacts to the surrounding parcels by incorporating the design standards of the Frederick County Inning r)rrllinanre Ap r n,ro r nriate buffers and screening will he nrpvided between the 11 proposed commercial land and the existing residential land in order to mitigate the potential noise and lighting glare. The Conceptual Development Plan shown as Exhibit 2 shows the arrangement of buffers and screening along the existing residential parcels. C. TRAFFIC No Traffic Impact Analysis was performed for this rezoning. The future use is known for the site and a preliminary review by the Frederick County Department of Planning and Development and by VDOT has already been completed. The total build -out of the site is approximately 13,225 square feet of pharmacy retail space with drive through window. According to the Seventh Edition of the ITE Manual, this type of development will generate 1,166 average daily trips. The applicant has proffered that the pharmacy will be the use for the parcel. page 4 UNGER PROPERTAM #53A -A -6, 53A -A -5 • It is the intention of the applicant to provide improvements to Route 522 in the vicinity of the site in accordance with input from Frederick County and VDOT. As shown in Exhibit 2, and as reiterated in the Proffer Statement, frontage improvements are proposed for adjacent parcel #53A -2 -C. These improvements are clearly defined in the Proffer Statement. A Memorandum of Understanding has been signed by the owner of the adjacent parcel to indicate his willingness to participate in the construction of the proposed improvements. A copy of this memorandum follows Exhibit 2. D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county sewer system. Sewer is currently in the Route 522 right of way and can be extended to serve the site. E. WATER SUPPLY The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county water supply system. Water is in both the Westminster Canterbury Drive and Route 522 rights of way and can be extended to serve the site. F. DRAINAGE The site lies within a small watershed which contains predominantly residential development. The watershed discharges to the drainage system in the Route 522 right of way. Please refer to Exhibit 3. According to the Frederick County Department of Public Works, storm water discharge from the Harvest Communities, Inc. housing development has contributed to some localized flooding of a property located to the east of the site. The Frederick County Department of Public Works has requested that the storm sewer system proposed for the pharmacy project be modified to pick up some of the upstream runoff and convey it directly to the Route 522 storm sewer system. If the permission of the owners of Harvest Communities, Inc. can be obtained, remedial work will be performed in conjunction with the construction of the pharmacy to improve the drainage system in the immediate area. It is important that the quantity and quality of storm water runoff from the site be preserved or enhanced through the development of the site. Any development on this site can be expected to increase stormwater runoff. Storm water management facilities will be constructed as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located near the site on Route 522 approximately 1 mile west of the subject parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 27 pounds of solid waste page 5 \ / �/ m NTERBU u R e / OUTS j 378 RY DRIVE VV) m �Y I^ �� M W w z o / 1 - I -01 U) M tC) • °• Z I l I � �Z Z -><1 Fi n In g rl' n'I Z �z,+J iiti Ilai - _ srz_u lYw •}lw _ _ _' _ � : � I 1 QR 3 .RI' orb t j � I CU D �\ \ \ \ \ \ \ I! { �` ��'• -, i �– � // / I N D _ . — _ O Z V/ M;n£ 3lli• _ 1 �J F " \ y � / I n , 0 U1 L4 z: f cDr� D / i /I I � �I !77 0 _ � 7 I NCO U l -k N It m N Cn cn— r I 1 [n r7 I �p� 1 l l l I / o�N ZAmp >t IM it li i ur D M � 0 < r i E ®L 1 IS P.L.Ca PROJECT: 817 Cedar Creek Grade, Suite 120 TM #53A- A- 6,53A -A Winchester, Virginia 22601 PR. CONCEPTUAL LAYO1 0 W T elephone (540)662 -5792 FREDERICK CO. VIRGINI W O ° w Facsimile (540)662 -5793 n o Z n CONSULTING CID M 0. e ENGINEERS Email off ice @painterlewis.com Z -- 5 xa'u JO.E ,w.ao� -- -- ) n.os imrt - - - 1 D C� 0 NCD W n V U o rn !T70? 1 - o U 0 o w 1 { r'7 N N v e N EST MT Cq \ / �/ m NTERBU u R e / OUTS j 378 RY DRIVE VV) m �Y I^ �� M W w z o / 1 - I -01 U) M tC) • °• Z I l I � �Z Z -><1 Fi n In g rl' n'I Z �z,+J iiti Ilai - _ srz_u lYw •}lw _ _ _' _ � : � I 1 QR 3 .RI' orb t j � I CU D �\ \ \ \ \ \ \ I! { �` ��'• -, i �– � // / I N D _ . — _ O Z V/ M;n£ 3lli• _ 1 �J F " \ y � / I n , 0 U1 L4 z: f cDr� D / i /I I � �I !77 0 _ � 7 I NCO U l -k N It m N Cn cn— r I 1 [n r7 I �p� 1 l l l I / o�N ZAmp >t IM it li i ur D M � 0 < r i E ®L 1 IS P.L.Ca PROJECT: 817 Cedar Creek Grade, Suite 120 TM #53A- A- 6,53A -A Winchester, Virginia 22601 PR. CONCEPTUAL LAYO1 0 W T elephone (540)662 -5792 FREDERICK CO. VIRGINI W O ° w Facsimile (540)662 -5793 n o Z n CONSULTING CID M 0. e ENGINEERS Email off ice @painterlewis.com 0 0 M. TYSON GILPIN, JR. ATTORNE]' • August 11, 2008 Mr. Robert Hassinger c/o Continental Restaurant 1361 North Frederick Pike Winchester, VA 22603 RE: MEMORANDUM OF UNDERSTANDING Unger Property Rezoning/Continental Restaurant Property PIN 53A -2 -C Dear Mr. Hassinger, 217 S. LOUDOUN STREET WINCHESTER. VIRGINIA 22601 VOICE (540) 678 -1940 rACSIMILE (540) 678 -9920 E -MAIL m�gilpin@verizon.na It is requested that you endorse this letter to indicate your good faith intention to proceed with the negotiations on the subject rezoning with an open mind. It is understood that the proposal contained herein when endorsed by you is non - binding and has no legal effect. ® No parties are bound by the terms and conditions contained herein and acknowledge that there may be additional terms and conditions or modifications to the terms contained herein, or no final agreement at all. Any party will be free to terminate its negotiations any time prior to execution by all parties of a mutually acceptable contract, with no legal obligations of any party to execute any contract or to continue negotiations. It is the intention of the parties not to impair the market value or the economic viability of the Continental Restaurant or lot PIN 53A -2 -C. A plat denoted HASSINGER PROPERTY EXHIBIT IMPROVEMENT PLAN, FREDERICK COUNTY, VHUGNIA dated 8/6/08 is attached as Exhibit A, which reflects generally the easements, boundary adjustments, and improvements contemplated. PROPOSED CONDITIONS 1. A common entrance from Route 522 will be constructed to serve your property and the proposed pharmacy. 2. VDOT and Frederick County will require that the Route 522 frontage along your property be improved with curb and a bike path. The existing pavement that is within the VDOT right -of -way will be removed and replaced with lawn. C If in agreement to proceed with negotiations, please endorse the copy of this letter enclosed where indicated below and return the copy to me. I only represent Painter- Lewis, P.L.C., the developers and proposers of these conditions and improvements, and not yourself. You should obtain legal counsel for yourself if you have any legal questions. PAINTER- LEWIS, P.L.C. E M M. Tyson Gilpin, Jr., Esquire Counsel for Painter - Lewis, P.L.C. 217 S. Loudoun Street Winchester, VA 22601 Tel: (540) 678 -1940 Fax: (540) 678 -9920 SB #12619 0 W : t ' P J Robert Hassinger 0 0 3. A separate entrance will be constructed to serve your property from the common • entrance. 4. The existing pylon sign on your property will remain in its current location and condition. 5. A boundary line adjustment will occur between your property and the adjacent property. Approximately 4,100 square feet of land will be added to your property. 6. A permanent ingress /egress easement will be put on record for the benefit of your property. 7. The developer will apply for permission to construct the exit only driveway during the rezoning process. It appears that both VDOT and the county may be willing to accept this exit. 8. The physical improvements will be made at no cost to you. If in agreement to proceed with negotiations, please endorse the copy of this letter enclosed where indicated below and return the copy to me. I only represent Painter- Lewis, P.L.C., the developers and proposers of these conditions and improvements, and not yourself. You should obtain legal counsel for yourself if you have any legal questions. PAINTER- LEWIS, P.L.C. E M M. Tyson Gilpin, Jr., Esquire Counsel for Painter - Lewis, P.L.C. 217 S. Loudoun Street Winchester, VA 22601 Tel: (540) 678 -1940 Fax: (540) 678 -9920 SB #12619 0 W : t ' P J Robert Hassinger UNGER PROPERTY R #53A -A -6, 53A -A -5 0 • per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $225 in tipping fees will be paid to dispose of 5 tons of solid waste annually. H. HISTORIC SITES AND STRUCTURES The subject property does not contain any historic /archeological sites identified in Frederick County and Virginia Department of Historic Resources records. None is on the National Register of Historic Places or the Virginia Landmarks register. None of this site is located within any Civil War battlefield identified in the National Park Services, Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. The site is located between Fort Milroy and Star Fort but is not identified as core battlefield area. See the Civil War Battlefields and Sites exhibit on the following page. There are several historic sites within 1 mile of the site, of these three (3) are identified as potentially significant. The complete list of historical sites within a 1 mile radius of the site and map can be seen on Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Round Hill Community Volunteer Fire and Company located on Route 50 in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. J. LOT CONSOLIDATION The Generalized Development Plan in Section 7 shows the total site proposed for the pharmacy in a consolidated form. Consolidation will eliminate interior lot lines. 41 page 6 • • 1 M mD mr_ M O —I X -42• M 0D= 4 Z m0n/ Rt, � 73 /y / / ° he Rt ' / Rt � I M h dew < ° he N O O i I o I a m N D 0 PAINTER P.L.C. PROJETIVI M O ^ o z co 817 Cedar Creek Grade, Suite 120 #53A- A- 6,53A -A. X O U DRAINAGE EXHIBIT c I Telephone (540)662 -5792 7 o Z Facsimile 540 662 -5793 CONSULTING ( ) FREDERICK CO., VIRGI Z a D m M m o D o D I �•�•�: I _..� mD mr_ M O —I X -42• M 0D= 4 Z m0n/ Rt, � 73 /y / / ° he Rt ' / Rt � I M h dew < ° he N O O i I o I a m N D PAINTER P.L.C. PROJETIVI M O ^ o z co 817 Cedar Creek Grade, Suite 120 #53A- A- 6,53A -A. O Winchester, Virginia 22601 DRAINAGE EXHIBIT o °m W Telephone (540)662 -5792 0 o o Z Facsimile 540 662 -5793 CONSULTING ( ) FREDERICK CO., VIRGI ° a m n ENGINEERS Email office @pointerlewis.com "sr e� r M D v C U) m 0 m O m z r 2 M M M A / o/ 0 N/ ITI N C � J N� oa N 00 F/ /./ // j i W O 05 O z 2 M N M m ,a a e �a H- O `\ . `% o � o f S'` Z M r =a �3 s� 0 N s:E 00 � 1l O c Q �ac j s i N Z C � Z < PAINTER -LEWIS P.L;C. PROJECT: m U) m m < W (T UA W U U U) (-� W a7 W W (I U1 c4 -,j 0) V -+ N-P a]Un W(A W (N NNNN N N N NN ? .p O N (a0 U TM #53A —A -6, 53 —A —: GN * OpW(a WN—O W�I W ?��ON w — - Winchester, Virginia 22601 HISTORICAL PROP. MAF <oz IIIIIIIIIIIIIIIIIIIIII� Telephone (540)662 -5792 MOn CTI n W (n (n C:E CprS2 0 -�y z�oD0pm00 DD0W; - i zDpmp C :r o W °m n �movCio_r CONSULTING Facsimile (540)662 -5793 - - - - ��z m MOZ�zz O z M 2 o _0 u O' ?1� �a 7J pa: 0=S2° - q °OO�az TI�-a M 0-1-1 -I� C O y 00 m * CC -i m C O' C C C v) D �M-) ° DmO)UtC U1 Ul M !E: r NN 0 ° MM J ; -� *m m 0 * L4 oAZ ((0 Nm r , *MC Cn C mC- * m rn z i c� D - U; - �N 7 p D ° -° c z r r - �An T D n Z ° s 3 > * C � Z < PAINTER -LEWIS P.L;C. PROJECT: m 817 Cedar Creek Grade, Suite 120 TM #53A —A -6, 53 —A —: Winchester, Virginia 22601 HISTORICAL PROP. MAF °m o Telephone (540)662 -5792 o W CONSULTING Facsimile (540)662 -5793 FREDERICK CO., VIRGIN[ 2 o _0 u ENGINEERS Email off 0 CIVIL WAR SITES for UNGER PROPERTY TM #53A -A -6, #53A -A -5 Route 522 -North Frederick Pike Stonewall Magisterial District Frederick County, Virginia �t August 6, 2008 Prepared for: Francis A. Unger 5179 Barley Drive Stephens City, Virginia 22655 1 0 Prepared by: PAINTER- LEWIS, P.L.C. 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 Tel.: (540)662 -5792 email: office @painterlewis.com Job Number: 0803001 UNGER PROPERT #53A -A -6. 53A -A -5 10 E IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section ...- i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 6 9' page 2 UNGER PROPERTM #53A -A -6. 53A -A -5 ' ® i.INTRODUCTION Frances A. Unger (the Owner) proposes to rezone two parcels of land located along Route 522 between Westminster- Canterbury Drive and Hickory Lane in Frederick County, VA. One parcel is currently zoned RA and is identified by Tax Identification Number 53A -A -6. The parcel contains 0.85 acres. The second parcel is identified by Tax Identification Number 53A -A -5. It is zoned B2 and is hereby included by reference. Please refer to Exhibit 1 on the following page. It is the Applicant's desire to have these parcels rezoned to B2, Business General District. The intended purpose of the rezoning request is to enable the owner to develop the land for commercial purposes. These parcels will be combined with adjoining parcels #53- 4 -2 -D, and #53- 4 -3 -D1 to create a single parcel that will be developed for use as a pharmacy. A. SITE SUITABILITY The subject parcels are currently used for residential and commercial purposes and located to the east of the Route 37 West Land Use Plan according to the Frederick County Comprehensive Policy Plan. The stated goal of the area study is to balance the economic development opportunities associated with the existing development activities while limiting development potential west of Route 37. The parcels are to the east of Route 37, within an area that already contains significant commercial development. The • parcels are also within an area that contains significant residential development. The parcels are contained within the Eastern Frederick County Long Range land Use Plan and are identified for commercial development. The site is within the boundaries of the Sewer and Water Service Area as well as the Urban Development Area. A conceptual plan for the parcels once combined with the two adjacent parcels, has been developed and is shown as Exhibit 2. Combining the four parcels will provide frontage and access from both Route 522 and Westminster Canterbury Drive. The implementation of the concept plan will require the demolition of the existing buildings on the site. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0105 shows that the subject parcel is not in the floodplain. WETLANDS No wetlands have been identified on the site. STEEP SLOPES Steep slopes, as defined by the Frederick County Zoning Ordinance, do not occur within the boundaries of the proposed rezoning area. page 3 !J 0 S/ to Sunnyside Plaza IWestbury ,dmmons ;1 Sub ivtslon i , �/ f lt,, G 0 j r , p� DRAWN BY: PAI P.L.C. 817 Creek Grade Suite 120 WINCHESTER, VIRGINIA 22601 TELEPHONE (540) 662 -5792 FACSIMILE (540) 662 -5793 EMAIL: office @pointerlewis.com TM #53A- A- 6,53A -A -5 North Frederick Pike FREDERICK COUNTY, VA GALE: 1 " -200' DRAWN BY: SEM DAiE: 07 -08 -08 J08 80803001 -3 P SHEET: PROPERTY EXHIBIT EXHIBIT 1 UNGER PROPEARM #53A -A -6, 53A -A -5 • • MATURE WOODLANDS No mature woodlands are located within the boundaries of the proposed rezoning area. Some mature specimens exist on the perimeter of the site and some of these trees will be preserved during the construction of future commercial facilities. SO /LS The soils on the site are in the Frederick - Poplimento associations. The USGS Soils map shows the predominant soil types on the site are Frederick - Poplimento Loams (14B) and Frederick - Poplimento Rock Outcrop Complex. These soils are gently to strongly sloping, well- drained, and deep. B. SURROUNDING PROPERTIES The subject parcels are bordered by parcels that are zoned either RP or B2. The surrounding parcels include TM #s 53A- 2 -D -3, 53A- 2 -D -2, 53A- 2 -D -1, 53A -2 -C, 53-4-2 - D, 53- 4 -3 -D1, and 5313-5 -11 B. The locations of these parcels are shown on Exhibit 2. The zoning, owner, and use of each parcel is shown in the table below. Tax Map No. Owner Ex. Zoning Ex. Use 53A -2 -D -3 Almira Kips RP Res. 53A -2 -D -2 Gerald & Jami Wrenn RP Res. 53A -2 -D -1 Robert Clark RP Res. 53A -2 -C Robert Hassinger B2 Com. 53 -4 -2 -D Upper Crust, LLC B2 Com. 53- 4 -3 -D1 Upper Crust, LLC B2 Com. 5313-5 -11B Harvest Communities, Inc. RP Res. The proposed commercial project has been designed to reduce impacts to the surrounding parcels by incorporating the design standards of the Frederick County Zoning Ordinance. Appropriate buffers and screening will be provided between the proposed commercial land and the existing residential land in order to mitigate the potential noise and lighting glare. The Conceptual Development Plan shown on Exhibit 2 shows the arrangement of buffers and screening along the existing residential parcels. C. TRAFFIC No Traffic Impact Analysis was performed for this rezoning. The future use is known for the site and a preliminary review by the Frederick County Department of Planning and Development and by VDOT has already been completed. The total build -out of the site is approximately 13,225 square feet of pharmacy retail space with drive through window. According to the Seventh Edition of the ITE Manual, this type of development will generate 1,166 average daily trips. The applicant has proffered that the pharmacy will be the use for the parcel. page 4 1 1 1 1 1 � p � Bt.Ofi Z 1 O0 a O N � y co N n n 1 nN 1 0 0, mZ Z�t 1 Ona� '7 O r N Cw J N 1 N 1 __— smsr� °- W V •wb•,mK - -��,�, a ROUTE 1.3, B N szsioznty rZr.>s-- � m A v c ®® 1 ® 1 ® p / �_ PROJECT: ° m z 120 TM #53A— A- 6,53A —) m 817 Cedar Creek Grade, Suite { Winchester, Virginia 22601 PR. CONCEPTUAL LA 0 ° o Telephone (540)662 -5792 FREDERICK CO., VIR( ° o > 010 (A z 0 Facsimile (540)662 -5793 CONSULTING I a r^ ° > ENGINEERS Email office @pointerlewis.com p • UNGER PROPERTlk #53A -A -6. 53A -A -5 D. SEWAGE CONVEYANCE AND TREATMENT The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county sewer system. Sewer is currently in the Route 522 right of way and can be extended to serve the site. E. WATER SUPPLY The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county water supply system. Water lines I are in both the Westminster Canterbury Drive and Route 522 rights of way and can be extended to serve the site. I - F. DRAINAGE The site lies within a small watershed which contains predomi development. The watershed discharges to the drainage system in th of way. Please refer to Exhibit 3. According to the Frederick Cour Public Works, storm water discharge from the Harvest Communii development has contributed to some localized flooding of a property I of the site. The Frederick County Department of Public Works has r storm sewer system proposed for the pharmacy project be modified t( the upstream runoff and convey it directly to the Route 522 storm see permission of the owners of Harvest Communities, Inc. can be obtain will be performed in conjunction with the construction of the pharma drainage system in the immediate area. antly residential Route 522 right i Department of �s, Inc. housing sated to the east juested that the pick up some of ar system. If the i, remedial work r to improve the It is important that the quantity and quality of storm water runoff from the site be preserved or enhanced through the development of the site. Any development on this site can be expected to increase stormwater runoff. Storm water management facilities will be constructed as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash convenience facility is located near the site on Route 522 approximately 1 mile west of the subject parcel. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 27 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $225 in tipping fees will be paid to dispose of 5 tons of solid waste annually. page 5 I . °o g4t4�n dew �O °e 0 N O O (p , ti j a % rb �I i am 0 � o D K °< PAINTER-LEWIS, P.L.C. PROJECT: M N o 817 Cedar Creek Grade, Suite 120 TM #53A- A- 6,53A- < Winchester, Virginia 22601 DRAINAGE EXHII o ca o 0 co m Telephone (540)662 -5792 FREDERICK II CO., \> u o z n Facsimile 540 662 -5793 CONSULTING ( ) s co M 00 ENGINEERS Email office ©pointerlewis.com D M O I X � c 7 1c I D ` O M 0 D N `TM• O y m �v og / k3: C ° htPr / b ur y Ll)D= 5 Z 8 0 mvn / 4 / l NQ ko . wok Si pp / 77 < /> Rt / '3 �6 / I / � a mQ / UNGER PROPERTOM #53A -A -6, 53A -A -5 ' H. HISTORIC SITES AND STRUCTURES The subject properties do not contain any historic /archeological sites identified in Frederick County and Virginia Department of Historic Resources records. None is on the National Register of Historic Places or the Virginia Landmarks register. None of this site is located within any Civil War battlefield identified in the National Park Services, Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. The site is located between Fort Milroy and Star Fort but is not identified as core battlefield area. See the Civil War Battlefields and Sites exhibit on the following page. There are several historic sites within 1 mile of the site, of these three (3) are identified as potentially significant. The complete list of historical sites within a 1 mile radius of the site and map can be seen on Exhibit 4. I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of (commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. •, Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Volunteer Fire and Company located on Route 50 in Frederick County. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. J. LOT CONSOLIDATION The Generalized Development Plan in Section 7 shows the total site proposed for the pharmacy in a consolidated form. Consolidation will eliminate interior lot lines. page 6 CIVIL WAR SITES � 'ch e el 54 r M D _0 C N O M I M I 0 z 0 2 m U —I M A \\ 1 r /' 1 O S m = 0 ::E 00 A � d of iCor;terb'ml - I �a n e �/� 0 0 a N� V '�- 4J! Drive / '�- _ v� — o � y N Z O 2 M A ya a ✓; D O r9 C D z y � G o � 0 o p W o ? CONSULTING o Cn ENGINEERS 0 W� -`\ e s tems �z — ? m m < -' U (-n _ l� * OO W cc) O W "I O)(NJt� NNNN O 0 WCV0 0 N W �z lllllllllllllll zo qD ZAy 00D 00 O DD000 �� C -ii C >0M 0-M -- M���60- A On100ZDz < 0 0 D -� 2 Z m iT7 �, �; -S..z �, z -< O Z. � �r) c c -� mrO �2 �7 Z 0 �— iZ22 i'1�T7 - � 0 D 0 mU O u,U r� C D C000 M O * O CAr*) p M N D Fri �z m c v O Nm NN * m mnl * fT7 N N C m C-) c0 - �< m m -C > CO cf �z = - ;� > f D F - iZ O UJAI TE - LEWIS, L 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662 -5792 Facsimile (540)662 -5793 Email of i ce @painterlewis.com I V LD I PROJECT: TM #53A -A -6, 53 -A -5 HISTORICAL PROP. MAP FREDERICK CO., VIRGINIA PAINTER- LEWIS, P.L.C. CONSUL TINGENGINEERS tel.: (540)662 -5792 817 Cedar Creek Grade, Suite 120 fax: (540)662 -5793 Winchester, VA 22601 email: office @painterlewis.com May 28, 2008 Mr. Eric Lawrence Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 RE: Driveway Spacing Waiver Request P.I.N. Nos. 54- 4 -2 -D, 53- 4 -3 -D1, 53A -A -5, 53A -A -6 Stonewall Magisterial District Dear Eric: I On behalf of the contract purchaser of the four lots listed above, I am requesting a waiver from Section 165 -29. A. (4) of the Frederick County Zoning Ordinance pertaining to "Minimum Driveway Spacing ". This section requires a minimum distance between new driveways of 200 feet. Please refer to the following three items: 1) Aerial overview of the site; 2) Proposed Driveway Spacing Waiver Request Exhibit ('the layout exhibit "); 3) Draft of letter to Frederick County for use by Robert Hassinger. These four lots currently contain the Bubbleworks Car Wash, the Oates Grocery, and the Unger residence. The Site Aerial shows the three existing entrances along Route 522. The layout exhibit shows that entrance 1 provides access to the grocery and residence and the other two entrances, 2 and 3, provide access to the Continental Restaurant. Please note that there is an existing ingress /egress easement on the restaurant site to the benefit of the grocery site. This easement is shown on the layout exhibit. There is no ingress /egress easement agreement between the restaurant property and P.I.N. No. 53A- 2 -D -1. Access to this parcel is from Hickory Lane. The layout exhibit shows that the distance from Westminster Canterbury Drive to Hickory Lane is 535 feet along Route 522. The application of Section 165 would limit the number of driveways accessing Route 522 to one entrance located approximately 200 feet from both Westminster Canterbury Drive and Hickory Lane. As shown on the layout exhibit this one entrance would have to be located within a 135 foot space near the existing boundary between 53A -A -5 and 53A -2 -C. Entrance 2 would meet the spacing require- ment with the closure of entrances 1 and 3. Due to a lack of depth on 53A -2 -C, the re- construction of entrance 2 to current VDOT standards would interfere with vehicle circu- lation immediately in front of the existing restaurant. It would also eliminate a significant amount of parking area now serving the restaurant. The logical location for the entrance is on 53A -A -5 as shown on the layout exhibit. 0803001 PAINTER- LEWIS, P.L.C. Mr. Eric Lawrneceo 0 May 28, 2008 1 have spoken with Mr. Robert Hassinger, owner of the Continental Restaurant, and I have proposed the option of closing his two entrances and providing access via the pro- posed entrance shown on the layout exhibit. Mr. Hassinger is not willing to close his en- trances at this time. I provided Mr. Hassinger with a copy of a draft letter stating his posi- tion. He did not indicate whether or not he will sign it and forward it to you. Please consider the following in support of the proposed waiver: • The existing entrance to Oates Grocery will be closed. • A new entrance will be located further from the Westminster Canterbury Drive in- tersection. • The new entrance will have a deceleration lane and it will be designed to VDOT standards. • The location of the new entrance will ultimately meet the requirements of Section 165 -29 and it is the logical location for the single entrance that can serve all par- cels fronting on Route 522 between Westminster Canterbury lDrive and Hickory Lane. • The new entrance will permit "right in /right out' turning movements only. No left turns will be permissible. • A permanent ingress /egress easement will be provided for the benefit of 53A -2 -C and the new entrance will be designed to permit a shared access with 53A -2 -C. • The location of an entrance from Westminster Canterbury Drive will meet the re- quirements of 165 -29. • While access from Westminster Canterbury Drive will serve the proposed devel- opment, the second access from Route 522 is necessary to meet the develop- ment requirements of the proposed pharmacy. In addition, two entrances will bet- ter serve all parcels fronting on Route 522 in the eventuality that entrances 2 and 3 are closed with the redevelopment of 53A -2 -C. If you have any questions, please call me. C. Lewis, P.E., C.L.A. Attachments C: J. Martin 0804007 PAINTER- LEWIS, P.L.C. 0 To: Mr. Eric Lawrerice -- Frederick County Department of Planning and Development 106 N. Kent Street Winchester, VA 22601 (tel: 665 -5651) Date: May 22, 2008 Re: Shared Access with Proposed CVS Pharmacy From: Mr. Robert Hassinger Continental Restaurant 1361 North Frederick Pike Winchester, VA 22603 I have met with representatives of the developer of the CVS pharmacy proposed for the corner of Route 522 and Westminster- Canterbury Drive. I do not at this time wish to participate in the proposed shared access driveway, knowing that the result would be the closing of the two existing entrances to the Continental Restaurant. Robert Hassinger Date i I 0 o I I I I I \ c c F mZwv \\ mZW I I ! I ( n�oD I Dm? \ D l \ O O I I c C 1 I WESTMINSTER CANTERBURY DR IVE r ' ,I II o'er We N W / m N Tm1 D t i - - - - -- -tee r' ` L, — — 1 C _, ._. mN 1 a c PAIN TER - LEWIS, P.L.C. I I -- iv�aa� v D o rn o G I q PROPOSED DRIVEWAY SPA N0� ml 1 m 1--k I c Ao 1 1 I j N m II m ~ D I m ( O I CmI O m0M yNZ (11 AZAD Z M mm�l x 1 NorN I I I mOKD 1 1 I omw" 11 I l 1 I m�Ao 1 1 Am 1 I n Nma I Ij In I I z ,o 1 �f 2� ICI m� of = D � m� n m U X Z N D mcy v m 2 O m �mmK D� m m O O Z r Ii I I I m z X m m w W Z Z D O b m zD N m m m m o m =om II rm _ 11 - 0 � � r c PAIN TER - LEWIS, P.L.C. PROJECT: o� o rn Z PROPOSED DRIVEWAY SPA { 817 Cedar Creek Grade Suite 1 WAIVER REQUEST EXHIE D o Winchester, Virginia 22601 NORTH FREDERICK Plk N o °m Telephone (540)662 -5792 COMMERCIAL DEVELOPMI o o o n CONSULTING Facsimile (540)662 -5793 FREDERICK COUNTY VIRC n ENGINEERS Email off ice @painterlewis.com HICKORY LANE