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HomeMy WebLinkAbout08-08 ApplicationOctober 27, 2008 John Lewis Painter -Lewis PLC 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 RE: REZONING #08 -08, BOTANICAL SQUARE PINS 53 -A -74, 53 -A -75, 53 -A -76 and 53 -A -77 Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 22, 2008. The above referenced application was approved to rezone 4.15 acres from the RA (Rural Areas) District to the B2 (General Business) District, with proffers, commercial use. The properties are located on Route 50 West, Vi mile west of the Route 50 and Route 37 interchange, at the northwestern comer of the intersection of Route 50 and Botanical Drive, in the Gainesboro Magisterial District. The proffer originally dated February 7, 2008 and revised last on October 9, 2008, which was approved as a part of this rezoning application, is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad Enclosure C cc: Carolyn Turner, 424 W. Cecil St., Winchester, VA 22601 Nancy Johnson, 2054 Northwestern Pike, Winchester, VA 22603 Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 11111(011YERICK REZONING APPLICATION #08 -08 BOTANICAL SQUARE Staff Report for the Planning Commission Prepared: October 15, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director STAFF UPDATE FOR THE 10/22/08 BOARD OF SUPERVISORS MEETING: The Planning Commission recommended approval of this rezoning request at their October 1, 2008 meeting. The recommendation was unanimous. The Applicant's Proffer Statement has been updated since the Planning Commission meeting in clarification of a couple of points discussed with the Commission (revised date October 9, 2008). At this time there are no outstanding issues or concerns with this request to rezone 4.15 acres of RA (Rural Areas) District zoned land to B2 (General Business) District, with proffers. Rezoning #08 -08 Botanical Square October 15, 2008 Page 2 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: 10/01/08 Board of Supervisors: 10/22/08 PROPOSAL: To rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The properties are located on Route 50 West, 'A mile west of the Route 50 and Route 37 interchange, at the northwestern corner of the intersection of Route 50 and Botanical Drive. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 53 -A -74, 53 -A -75, 53 -A -76 and 53 -A -77 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential/Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) East: B2 (Business General) West: B2 (Business General) PROPOSED USE: Commercial Use Use: Use: Use: Use: Action Recommended Approval Pending Residential Vacant (Pending RZ #06 -08) Commercial Vacant/Commercial Vacant/Commercial Rezoning #08 -08 Botanical Square October 15, 2008 Page 3 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Omni Design Build Rezoning application dated May I, 2008 addresses transportation concerns associated with this request. VDOT has the following concerns /comments: Because of the high volume of traffic on Route 50 and for the safety of the traveling public, VDOT does not recommend a right in/right -out entrance along Route 50. The proposed entrance is not included in the Frederick County Master Development Plan. VDOT recommends a traffic signalization agreement for 100% funding of a traffic signal at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use towards other transportation improvements along this corridor if a signal is not warranted. Fire Marshall: Plan approved as submitted. Department of Public Works: A review of the rezoning application and related impact analysis for the Omni Commercial Development property revealed that the drainage narrative needs to be revised to reflect the as -built conditions to the east and west of the project. As a matter of record, the stormwater management facility constructed on the Wal -Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50 Likewise, the drainage system on the Valley Health property located to the east of the subject property was designed to intercept and channel stormwater flows across their property and under Route 50. We recommend that the narrative and Exhibit 3 be revised to reflect the above conditions. We also recommend that you review copies of the down gradient drainage system design to ensure that they have been adequately sized to accommodate storm flows from the Omni Commercial Development property. Our recent site inspection revealed that four drop inlets have been constructed on the west side of Botanical Boulevard to intercept storm runoff from the Omni property. The grading around two of these appears to restrict flows into the inlets. The actual locations of these inlets should be shown on Exhibit 2. Frederick Winchester Service Authority: No comments. Sanitation Authority Department: There should be sufficient sewer and water capacity to serve this site. Department of Parks Recreation: The 10' asphalt bicycle trail should be included within a 20' wide easement with trail meeting Frederick County specifications. Trail maintenance should be the responsibility of the owner and proper signage should be provided. Health Department: The Health Department has no objection to the request as stated so long as adequate public water and sewer are utilized. Any existing wells and existing drainfields located on subject properties are required to be properly abandoned through the Health Department. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by_the Rezoning #08 -08 Botanical Square October 15, 2008 Page 4 1 -IRAB. According to the Rural Landmarks Survey there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 surfaces of the Winchester Regional Airport; therefore, proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Frederick County Public Schools: We offer no comments. Attorney Comments: Comments to be provided. Planning Department: See attached memorandum from Mike Ruddy. AICP, dated June 27. 2008 Planning Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identi Pies these properties as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan. p. 1 -I] Lana' Use The property is located in the area covered by the Round Hill Land Use Plan which was most recently updated on November 11, 2007. The property is within the SWSA and is designated as an area of commercial land use, adjacent to Route 50, by the Round Hill Land Use Plan. This commercial request is considered supportive of the land uses identified in the Comprehensive Plan with particular care being taken to sensitively integrate the development of the site and the corridor appearance along Route 50 and Botanical Drive. The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill Community along Route 50,_Particular effort should be made to provide for enhanced design of Rezoning #08 -08 Botanical Square October 15, 2008 Page 5 the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable landscaped buffer area that promotes the corridor appearance goals of the Comprehensive Plan. Recently rezoned projects in several corridors have consistently applied this approach. This application continues this approach. This property is located in an area that contains an existing established residential property. Special consideration should be provided to ensure that the impact to the adjacent residential property is sensitively addressed. A tailored approach to the buffering and screening of this property may be warranted. Transportation and Site Access This application addresses the transportation components of the Round Hill Land Use Plan. The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency and access management. This applications site access is proposed to be provided from one location, via an entrance on Botanical Drive. This point of access was determined through the Master Development Plan process for the adjacent Winchester Medical Center property. The Applicant will be coordinating this access with the Winchester Medical Center property. Botanical Drive is a dedicated road that will ultimately be accepted as a State Road. The location of this point of access is further identified on the GDP for this project. The GDP provides certainty as to how the site's access will be provided. This application does not provide a direct point of access to Route 50. It has been recognized that additional entrances along such a significant transportation corridor should be avoided. In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. The Comprehensive Policy Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. Rezoning #08 -08 Botanical Square October 15, 2008 Page 6 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel which are identified in this application. The site does contain areas of mature trees, in particular along the Route 50 frontage. It would be preferable to preserve areas of mature trees and specific specimen trees within this area, and elsewhere on site, to enhance the corridors appearance and minimize the impacts on this natural resource. 4) Potential Impacts A. Transportation The TIA prepared for this application was based upon the development of a commercial project which would include the following commercial uses; a car wash. 8,000 square feet of office space, 8,000 square feet of retail, and 8,000 square feet of restaurant. This trip generation should be generally consistent with the limitation proffered for the maximum floor area of the project. It appears to be consistent when considering the 30,000 square feet number. The Applicant should clarify the discrepancy between the two numbers contained in the proffers. The Applicant evaluated the intersection of Botanical and Route 50 and the intersections of Route 50 and Route 37. As the Commission is aware, the Comprehensive Policy Plan seeks to ensure that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. An acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and conclusions highlight levels of service deficiencies at several locations that have not been fully recognized by the application. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request. This could be done in conjunction with VDOT and the County's recommendation that the value proffered for signalization improvements be available for other improvements in the area. VDOT has recommended a traffic signalization agreement for 100% funding of a traffic signal at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use towards other transportation improvements along this corridor if a signal is not warranted. It is anticipated that additional right -of -way and improvements may be necessary in the future along Route 50. A mechanism has been provided in the proffer statement which would enable Rezoning #08 -08 Botanical Square October 15, 2008 Page 7 any right -of -way necessary for planned future improvements to be dedicated to the County or VDOT. Future right -of -way dedication should be based upon any road improvement plans as approved by VDOT and Frederick County. Access management of Route 50 is a significant consideration. No entrances onto Route 50 are proposed in recognition of this consideration. The function of the existing signal at Route 50 and Botanical Avenue should continue to be enhanced. In addition. VDOT has identified a potential need in the future for a signal at the intersection of Botanical Drive and the site's one point of access. The Applicant has addressed this need in their proffer statement. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and across Botanical, to the Route 50 frontage, and along the Route 50 frontage where a 10' wide pedestrian trail will be provided. B. Design Standards The application provides for the addition of an enhanced landscaping buffer area along the properties frontage with Route 50. The proposed buffer is 50' in width and will seek to preserve existing trees where possible or alternately contain landscape plantings. The buffer area will also contain a 10' wide pedestrian trail. In addition, the application includes minimal architectural language, written in an attempt to address the corridor appearance design elements of the Comprehensive Plan. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is a $5,000.00 contribution to Frederick County for Fire and Rescue purposes. 5) Proffer Statement Dated February 7, 2008; Revised July 1, 2008 A) Generalized Development Plan The applicant has proffered a Generalized Development Plan for the site. The GDP shows the location of the site's sole access from Botanical, location of buffer areas and identifies the Route 50 landscape buffer. B) Land Use The Applicant has stated that they intend to develop the property with up to 36,000 SF of commercial uses. The proffer that addresses this limitation should be clarified to verify the maximum floor area and must eliminate the discussion on additional TIA's and development Such a proffer is problematic and should be removed. The Applicant has recognized this concern and has the ability to remove the second part of Rezoning #08 -08 Botanical Square October 15, 2008 Page 8 this proffer. To reiterate, this approach is not acceptable. The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. The applicant has proffered a 50' enhanced landscaped buffer along the Route 50 frontage which will include the preservation of existing mature trees and the provision of additional landscape plantings. The Applicant has provided for architectural language, written to address the corridor appearance design elements of the Comprehensive Plan and has provided a limitation on the location of parking adjacent to Route 50 to minimize the parking area adjacent to the road and promote building appearance adjacent to the corridor. C) Transportation The applicant has proffered to limit site entrances to one as shown on the GDP which is via Botanical. Direct access from Route 50 shall be prohibited. An access point to the adjacent residential use is addressed. The Applicant has proffered improvements within the Route 50 and Botanical right of ways which may be necessary to support the proposed development. In addition, the Applicant has proffered the signalization of the site access and Botanical. It is recognized that the dollar value of this improvement for the construction of a signal should be available for use on other transportation improvements in the general area. This would be similar to other proffers recently accepted by the County. The Applicant has expressed the ability to do this. It may be prudent to establish a dollar value for this improvement and contribution. D) Community Facilities The applicant has proffered a monetary contribution in the amount of $5,000 to Frederick County for Fire and Rescue purposes. STAFF CONCLUSIONS FOR THE 10/01/08 PLANNING COMMISSION MEETING: This application to rezone four parcels totaling 4.15 acres from the RA (Rural Areas) District to the B2 District with proffers for commercial land uses is consistent with the Comprehensive Policy Plan, and the described in the Round Hill Land Use Plan. The impacts associated with this request appear to have been adequately mitigated, subject to affirming that the transportation proffers may be used for improvements in the general area supporting this project. 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. Rezoning #08 -08 Botanical Square October 15. 2008 Page 9 There were no public comments. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/01/08 MEETING: Commission members wanted assurances from the applicant that the County Attorney's comments on the proffers would be addressed, particularly with clarification to proffer language that development of the property would be limited to a maximum of 36,000 square feet of commercial floor area and the dollar value of the improvement for the construction of a traffic signal at the site access and Botanical Drive will be available for use on other transportation improvements in the general area, should the signalization not require the full amount of the contribution. A dollar value in the amount of $150,000 for this improvement was designated by the applicant. The Planning Commission unanimously recommended approval of the rezoning with the revisions to the proffers addressing the County Attorney's comments dated September 29, 2008, particularly with regard to a limitation of 36,000 square feet of commercial floor area and affirming that transportation proffers may be used for improvements in the general area supporting this project. (Note: Commissioners Kriz and Watt were absent from the meeting.) NORTHWESTERN PIKE AT NO RESTERN w 53 A 86 O'DONNELL TRUDY POE 0 53 A A FRUIT HILL ORCHARD INC P IKE Q o 53 A 86A LITTMAN PROPERTIES LLC 4.w 53 A 8613 i.__./ PROPERTIES LLC 250 500 Are 53 A 68 WINCHESTER MEDICAL CENTER INC c` rti! Marriott LEFTA WIN LC i I 1,000 Feet Botanical Square Rezoning REZ 08 08 PIN: 53 A 74, 53 A 75, 53 A 77 °Application Zoning Bulllings S BI (Business. Neighborhood District) Urban Development Area B2 (Business, General District) SWSA B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) O M I (Industrial, Light District) Map Document (FS_1_ Locator Mps12006 )Diana_Andrew_Hirshfeld_CUP110 Wit.: I NORTHWEST! rtZle'.55 M2 (Industrial. General District) MHI (Mobile Home Community District) MS (Medical Support District) R.4 (Residential Planned Community District) R5 (Residential Recreasonal Community District) RA (Rural Arca District) RP (Residential Performance District) Streets Topography (5' interval) 8_090308 mxd) 913/2008 9'26'31 AM Case P REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount Paid /0 q/ 5 oD Zoning Amendment Number Date Received 9AA y PC Hearing Date /CA 08 BOS Hearing Date 0 4?J Jo Sr 1 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: Name: 00Th); )Cc 6 j) 13N (t1C Telephone: 640 N Sc/ 90Cf 7 Address: �0 3 2 1S' Skitri e OUinf"Q1/) Road Paris, v6 a -ot 2. Property Owner (if different than above) Name: Sec atfotched pi- 4* tIS-f Address: 3. Contact person if other than above Name: 'J t*hVl Levc't 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 i/ Proffer Statement 10 Telephone: Telephone: 5 767 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: Na.i"lccj At✓tlt)ev .Je/'7 t_son C cct o l y t iC. TOMely 6. A) Current Use of the Property: 1 J e s I e en ti a i B) Proposed Use of the Property: C L�/Y�/U`) C r6t a I 7. Adjoining Property: The Location: t ne property is located at (gyve exact location based on nearest road and cusiaricc from nearest intersection using road names and route numbers): 1 50 CJs of (4 dpp vo PARCEL II) NUMBER USE ZONING Si A L Col v,) y..i74al Bz TL A nn o va <t rn+ 62. 53 A- •13 siflen hri;l QA S3 A- toS ilk cry n t ea 5313 -3 -5 Comm- nei-ciCil 53 A ?"R 6'Ae 12A 53- A S I VQCaYI PA ,nttr rude uks-t a +ITV. 0 So J Iz+ 3-1 11 9. The following information should be provided according to the type of rezoning proposed Single Family homes: Non- Residential Lots: 10. Signature: Applicant(s): O wn° r( s): Number of Units Proposed Townhome: Multi Familv: Mobile Home: Hotel Rooms: S.uare Footage of Pro .osed Uses Office: Service Station: Retail Manufacturing: Restaurant: Warehouse: Other: 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. 1 (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. o-i-o) S--- 12 Date: r 2 Z O Date: Date: Date: 9. The following information should be provided according to the type of rezoning proposed Single Family homes: Non- Residential Lots: 10. Signature: Number of Units Proposed Townhome: Multi Family: Mobile EIome: Hotel Rooms: Square Footaee of Proposed Uses Office: 3,000 se Service Station: Retail: g ('fin sr Manufacturing: Restaurant .,O O sf Warehouse: Other: (a, OW 5f 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 Owner(s): cuJtr o fi Design i(cl ch 12 Date: O 2 Or Date: Date: i510S Date: Property Owner Contact Information TM #53 -A -74: Ms. Carolyn Turner 424 W. Ceicl Street, Winchester, VA 22601 540- 247 -1073 TM #53 -A -75 TM #53 -A -76 TM #53 -A -77 Ms. Nancy Reimer Johnson, 2054 Northwester Pike, Winchester, VA 22602 540- 379 -7430 Single Family homes: Non Residential Lots: 10. Signature: 9. The following information should be provided according to the type of rezoning proposed Number of Units Proposed Townhome: Multi Family: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 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 (ewe) 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. Owner(s): 12 Date: 127.0? Date: Date: 41105' Date: Property Owner Contact Information TM #53 -A -74: Ms. Carolyn Turner 424 W. Ceicl Street, Winchester, VA 22601 540- 247 -1073 TM #53 -A -75 TM #53 -A -76 TM #53 -A -77 Ms. Nancy Renner Johnson, 2054 Northwester Pike, Winchester, VA 22602 540- 379 -7430 Name and Property Identification Number Address Name: First Bank Property 52 -A -L 112 W. King Street Strasburg, VA 22657 Name: Commonwalthy Group Winchester Partnership Property 52 -A -M S 00 Henley Street Suite 200 Knoxville, TN 37902 Name: Huffman Page F. Elva Property 53 -A -74 194 Echo Lane Winchester, VA 22603 Name: Winchester Medical Center Property 53 -A -68 P.O. Box 1334 Winchester, VA 22604 Name: The Marathon Bank Property 53B -3 -5 P.O. Box 189 Dunbar, WV 25064 Name: Funkhouser, Darla Poe Sharon S. Property 53A -82 272 Hilda Drive Clear Brook, VA 22634 Adjoining Property Owners Rezoning 14 Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540- 665 -6395 Phone 540-665-5651 Know All Men 13y Those Present: That I (We) (Nance) Now, kohncr Robert 3. vJ )OSUPXPhone) 5'4D o3 °Lf7j (Address) 2o Lf N ctern Pi jj a (003 the owner(s) of all those tracts or panels of land (`Property conveyed to the (us), by cleed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by 81 611 §52 Instrument No. SA" on Page k 7 5' and is described as 75 Parcel: Lot: 11 Block: .A Section: 53 Subdivision: do hereby make, constitute and appoint: (Name) PnIn te. 1 7— RANI 1 (7 (Phone) 546 (s 1 4 Lras5 (0, (Address) 81l (ecio C reep G rode, Suite I)O, Winoh s er. LO 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) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive live Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. Sk I n witness thereof, I (we) have hereto set my (our) hand and seal this e Z l day o f A C j 200 8 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.ca.fredericIc Slgnat n (),8I, ll l'e (S) 4 State of Virginia, City /Cewwy of W f Il ck silo r To -wit: 1, DPII1SL. L. rho /l1 OS ;0 'N61h'1'9tnilic in and for the jurisdiction aforesaid, certify that the person(s) who signed to the for aT1� sonally appeared before me a -has acknowledged the same before me in the jurisdiClionafor& s nday of t}0301 200 Gu t CN .l Le igfrit1p 's ton„Exmc USU 3/, J01/ t .4 74 I SSiont i a Notary Public Revised 3/17/0'„ r /?'<4;7E. T V 1 P Nut e g n n n''`' Know All Men By Those Present: That I (We) S ignatu State of Virginia, City /tuwuLYof Notary Public Revised 3/1 7/08 q• Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: vv v.co.fredericl Department of Planning 8:. Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540- 665 -6395 Phone 540- 665 -5651 (Name) 01 r R Turner (Phone) 5 tot d 5 S .Z-L{ (Address) I L l Lilo CI( Sf. Win( hcJIcr. VA a c the owner(s) of all those tracts or parcels of and ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by th instrument No. 32 on Page 1 and is described as Parcel: Lot: 7'+ Block: A Section :53 Subdivision: do hereby make, constitute and appoint: (Name) PO, In± Imo, ewi 1 (Phone) 956 a (Address) 8 I7 Ltd o r Cree t G rn de, Sij ate 1) 0, (,Vint) icr a cx) Lo 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) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensive Policy Plan amendment Roy 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 clay it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this I clay of 200 SS To -wit: is4 c. r'kISIOPHER LEMONS Notary Public Commonwealth of Virginia 7054873 My Commission Expires Mar 31. 2010 is I, CH -rte- a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this!/ day of 2008 3 �of I ,-I! �1 I z3m I 3E ma c N D r L mO O z 1 11 z a_ l ll Z NJ a II II 10 II II II II II o o c .ZJ r7 z SP d 4, Z N m y p X m ZN N c Z n m 0 5 O O Z -0- CONSULTING ENGINEERS 1 1 S311\11 011009 1MH 1tiON �5 _S Old N�d31S3 O 0- 0 co r O D 0 v s m m m n m r o 0 0 r Z O u z r Z m z c T 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662 -5792 Facsimile (540)662 -5793 Email: office ©painterlewis.com 20 O ACTI B F BUFFE� (50' CAT. B I v)FER) m n x s z z 5 O z PI 1,n 2 0 D V/ O r m n m rn m PAINTER-LEWIS, P.L.C. v° PROJECT: N II rn O 1 c BOTANICAL SQUARE ROUTE 50 WEST Ov1 \I DESIGN /BUILD, INC. FREDERICK COUNTY, VIRGINIA 1 I I 1 1 v r (7 ti Z oo m oo z 0 n ,r m z 0 0 m 0 0 1 0: Z tom 5x mz N L L I-z Z n m 0 m o0 Z d 4 J A 0 r N r 0 M N Ili I I 11 11 19 11 I I Ili 111 111 1 1 I 1 0 E z D l �l CONSULTING ENGINEERS 153M s3N� 1N N r r-- 25 ACTIVE 25' INACTIVE (50' BUFFER �(FCAT UIL�°B" R -N) 817 Cedar Creek Grade, Suite 120 Wirrchester, Virginia 22601 Telephone (540)662 -5792 Facsimile (540)662 -5793 Email: office ©painterlewis.com -o5. c sn PAINTER- LEwDS, P.L.C. PROJECT 7 BOTANICAL SQUARE ROUTE 50 WEST OMNI DESIGN /BUILD, IN( FREDERICK COUNTY, VIRGI 1n 10 o m D m D L 0)m O o:. PAINTER-LEWIS, P.L.0 1 s 9 CONSULTING ENGINEERS 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662 -5792 Facsimile (540)662 -5793 Email office ©painterlewis.com PROJECT: BOTANICAL SQUARE ROUTE 50 WEST DRAINAGE EXHIBIT FRDERICK CO., VIRGINIi a 6r im 0 0 0 N 0 N Nmm c z m �zo mon o D m n rn m 0 m 0 0 c z —I 0 M m DD Z DD r-< z 0 z m X/ (.n z co a v7 rn m 4s 4s 4s CA COcacaac CA O c o o o co CO o o m I I I I I I I I w -fl m -g 0rz >Zn T D z y 0 A zc -gy O 5O A (C- O 0 0 co,, O rn O m DJ 7 2 Z7 :o oo 0 mm0 cc0Z r -CI mires m -n o O mm m� c cn m V) 0 M O m ca m 0 N r f o c- o z 0 o:. z cn n c 0 Z 1 CONSULTING ENGINEERS PAINTER-LEW1S, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662 -5792 Facsimile (540)662 -5793 Email office ©painterlewis.com PROJECT: BOTANICAL SQUARE OMNI DESIGN /BUILD, IN HISTORIC PROPERTY MO FREDERICK COUNTY, VIRG 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: 10/01/08 Board of Supervisors: 10/22/08 REZONING APPLICATION #08 -08 BOTANICAL SQUARE Staff Report for the Planning Commission Prepared: September 17, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Action Pending Pending PROPOSAL: To rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The properties are located on Route 50 West, '/4 mile west of the Route 50 and Route 37 interchange, at the northwestern corner of the intersection of Route 50 and Botanical Drive. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 53 -A -74, 53 -A -75, 53 -A -76 and 53 -A -77 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential/Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) East: B2 (Business General) West: B2 (Business General) PROPOSED USE: Commercial Use Use: Use: Use: Use: Residential Vacant (Pending RZ #06 -08) Commercial Vacant/Commercial Vacant/Commercial Rezoning ##08 -08 Botanical Square September 17, 2008 Page 2 REVIEW EVALUATIONS: Fire Marshall: Plan approved as submitted. Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Omni Design Build Rezoning application dated May 1, 2008 addresses transportation concerns associated with this request. VDOT has the following concerns /comments: Because of the high volume of traffic on Route 50 and for the safety of the traveling public, VDOT does not recommend a right in/right -out entrance along Route 50. The proposed entrance is not included in the Frederick County Master Development Plan. VDOT recommends a traffic signalization agreement for 100% funding of a traffic signal at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use towards other transportation improvements along this corridor if a signal is not warranted Department of Public Works: A review of the rezoning application and related impact analysis for the Omni Commercial Development property revealed that the drainage narrative needs to be revised to reflect the as -built conditions to the east and west of the project. As a matter of record. the stormwater management facility constructed on the Wal -Mart property to the west was designed to attenuate runoff and compensate for any downstream development north of Route 50. Likewise, the drainage system on the Valley Health property located to the east of the subject property was designed to intercept and channel stormwater flows across their property and under Route 50. We recommend that the narrative and Exhibit 3 be revised to reflect the above conditions. We also recommend that you review copies of the down gradient drainage system design to ensure that they have been adequately sized to accommodate storm flows from the Omni Commercial Development property. Our recent site inspection revealed that four drop inlets have been constructed on the west side of Botanical Boulevard to intercept stone runoff from the Omni property. The grading around two of these appears to restrict flows into the inlets. The actual locations of these inlets should be shown on Exhibit 2. Frederick Winchester Service Authority: No comments. Sanitation Authority Department: There should be sufficient sewer and water capacity to serve this site. Department of Parks Recreation: The 10' asphalt bicycle trail should be included within a 20' wide athent with trail meeting Frederick County specifications: Trail maintenance :should 'be the responsibility of the owner and proper signage should be provided. Health Department: The Health Department has no objection to the request as stated so long as adequate public water and sewer are utilized. Any existing wells and existing drainfields located on subject properties are required to be properly abandoned through the Health Department. Historic Resources Advisory Board: It appears that the proposal does not significantly impact Rezoning #08 -08 Botanical Square September 17, 2008 Page 3 historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 surfaces of the Winchester Regional Airport; therefore, proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Frederick County Public Schools: We offer no comments. Attorney Comments: Comments to be provided. Planning Department: See attached memorandum from Mike Ruddy. AICP, dated June 27, 2008 Planning Zoning: 1) Site History 2) Comprehensive Policy Plan 1 The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A -2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA District. 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 property'is`located in the covered by the Round=:Hill' Land Use= Plan'which ;was •most recently updated on November 11, 2007. The property is within the SWSA and is designated as an area of commercial land use, adjacent to Route 50, by the Round Hill Land Use Plan. This commercial request is considered supportive of the land uses identified in the Comprehensive Plan with particular care being taken to sensitively integrate the development of the site and the corridor appearance along Route 50 and Botanical Drive. The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill Rezoning #08 -08 Botanical Square September 17, 2008 Pate 4 Community along Route 50. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable landscaped buffer area that promotes the corridor appearance goals of the Comprehensive Plan. Recently rezoned projects in several corridors have consistently applied this approach. This application continues this approach. This property is located in an area that contains an existing established residential property. Special consideration should be provided to ensure that the impact to the adjacent residential property is sensitively addressed. A tailored approach to the buffering and screening of this property may be warranted. Transportation and Site Access This application addresses the transportation components of the Round Hill Land Use Plan. The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency and access management. This application's site access is proposed to be provided from one location, via an entrance on Botanical Drive. This point of access was determined through the Master Development Plan process for the adjacent Winchester Medical Center property. The Applicant will be coordinating this access with the Winchester Medical Center property. Botanical Drive is a dedicated road that will ultimately be accepted as a State Road. The location of this point of access is further identified on the GDP for this project. The GDP provides certainty as to how the site's access will be provided. This application does not provide a direct point of access to Route 50. It has been recognized that additional entrances along such a significant transportation corridor should be avoided. In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. The Comprehensive Policy Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. Rezoning #08 -08 Botanical Square. September 17, 2008 Page 5 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel which are identified in this application. The site does contain areas of mature trees, in particular along the Route 50 frontage. It would be preferable to preserve areas of mature trees and specific specimen trees within this area, and elsewhere on site, to enhance the corridors appearance and minimize the impacts on this natural resource. 4) Potential Impacts A. Transportation The TIA prepared for this application was based upon the development of a commercial project which would include the following commercial uses; a car wash, 8,000 square feet of office space, 8,000 square feet of retail, and 8,000 square feet of restaurant. This trip generation should be generally consistent with the limitation proffered for the maximum floor area of the project. It appears to be consistent when considering the 30,000 square feet number. The Applicant should clarify the discrepancy between the two numbers contained in the proffers. The Applicant evaluated the intersection of Botanical and Route 50 and the intersections of Route 50 and Route 37. As the Commission is aware, the Comprehensive Policy Plan seeks to ensure that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. An acceptable level of service to Frederick County as identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and conclusions highlight levels of service deficiencies at several locations that have not been fully recognized by the application. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request. This could be done in conjunction with VDOT and the County's recommendation that the value proffered for signalization improvements be available for other improvements intthe area:— VDOT has recommended a traffic signalization agreement for 100% funding of a traffic signal at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use towards other transportation improvements along this corridor if a signal is not warranted. It is anticipated that additional right -of -way and improvements may be necessary in the future along Route 50. A mechanism has been provided in the proffer statement which would enable Rezoning 408 -08 Botanical Square September 17, 2008 Page 6 any right -of -way necessary for planned future improvements to be dedicated to the County or VDOT. Future right -of -way dedication should be based upon any road improvement plans as approved by VDOT and Frederick County. Access management of Route 50 is a significant consideration. No entrances onto Route 50 are proposed in recognition of this consideration. The function of the existing signal at Route 50 and Botanical Avenue should continue to be enhanced. In addition, VDOT has identified a potential need in the future for a signal at the intersection of Botanical Drive and the site's one point of access. The Applicant has addressed this need in their proffer statement. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and across Botanical, to the Route 50 frontage, and along the Route 50 frontage where a 10' wide pedestrian trail will be provided. 13. Design Standards The application provides for the addition of an enhanced landscaping buffer area along the properties frontage with Route 50. The proposed buffer is 50' in width and will seek to preserve existing trees where possible or alternately contain landscape plantings. The buffer area will also contain a 10' wide pedestrian trail. In addition, the application includes minimal architectural language, written in an attempt to address the corridor appearance design elements of the Comprehensive Plan. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is a $5,000.00 contribution to Frederick County for Fire and Rescue purposes. 5) Proffer Statement Dated February 7, 2008; Revised July 1, 2008 A) Generalized Development Plan The applicant has proffered a Generalized Development Plan for the site. The GDP shows the location of the site's sole access from Botanical, location of buffer areas and identifies the 50.landscape buffer. B) Land Use The Applicant has stated that they intend to develop the property with up to 36,000 SF of commercial uses. The proffer that addresses this limitation should be clarified to verify the maximum floor area and must eliminate the discussion on additional TIA's and development. Such a proffer is problematic and should be removed The Applicant has recognized this concern and has the ability to remove the second part of Rezoning 408 Botanical Square September 17, 2008 Page 7 this proffer. To reiterate, this approach is not acceptable. The rezoning amendment process is a process that requires the applicant to identify and address all impacts associated with the request. The applicant has proffered a 50' enhanced landscaped buffer along the Route 50 frontage which will include the preservation of existing mature trees and the provision of additional landscape plantings. The Applicant has provided for architectural language, written to address the corridor appearance design elements of the Comprehensive Plan and has provided a limitation on the location of parking adjacent to Route 50 to minimize the parking area adjacent to the road and promote building appearance adjacent to the corridor. C) Transportation The applicant has proffered to limit site entrances to one as shown on the GDP which is via Botanical. Direct access from Route 50 shall be prohibited. An access point to the adjacent residential use is addressed. The Applicant has proffered improvements within the Route 50 and Botanical right of ways which may be necessary to support the proposed development. In addition, the Applicant has proffered the signalization of the site access and Botanical. It is recognized that the dollar value of this improvement for the construction of a signal .should be availablefor use on other transportation improvements in the general area. This would be similar to other proffers recently accepted by the County. The Applicant has expressed the ability to do this. It may be prudent to establish a dollar value for this improvement and contribution. D) Community Facilities The applicant has proffered a monetary contribution in the amount of $5,000 to Frederick County for Fire and Rescue purposes. STAFF CONCLUSIONS FOR THE 10/01/08 PLANNING COMMISSION MEETING: This application to rezone four parcels totaling 4.15 acres from the RA (Rural Areas) District to the B2 District with proffers for commercial land uses is consistent with the Comprehensive Policy Plan, and as described in the Round Hill Land Use Plan. The impacts associated with this request appear to have been adequately mitigated, subject to affirming that the transportation proffers may be used for improvements in the general area supporting this project. 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. September 10, 2008 Mr. Mike Ruddy Frederick Co, Planning 107 N. Kent Street Winchester, VA 22601 RE: OMNI COMERCIAL DEVELOPMENT ROUTE 50 WEST REZONIG APPLICAITON Dear Mr. Ruddy, Enclosed, please find for final submittal, the following information for the rezoning application listed above: Please feel free to contact this office if you have any questions or if you require additional information. ncer ;ly II Deeds for the properties Tax statements updated as of 9/10/08 L ngineering Admin. Assistant PAINTER LEWIS, P.L.C. JOB NUMBER: 0612010 Painter Lewis, P.L. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540 662 -5792 office(a7painterlewis. com