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Home My WebLink About12-08 Application0 0 P CORPORATE: C hanrlly VIRGINIA OINIES: Chcntilly Chcriottesville Fredericksburg 'na nl sonbu rg leesburg N=waorl News No roll, Winchester Woodbridge LnBafATORIES. Chanllily Fredericksburg MAMANO OFFICES: Baltimore Columbia Frecerich Germain.., Hollywood Hunt Volley Williamsport PENNSYIwou, CIFICE Allentown T 540.667.2139 F 540.665.0493 117 Eas: Piccadilly Street Suite 200 W'mchestel, VA 22601 Patton Harris Rust & Associates Engineers- Surveyors Planners. Landscape Architects. June 3, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Walgreens — Dairy Corner Place Rezoning Application Dear Mike: With the recent addition of 0.9 acres and a modified transportation proffer, we recognize that the initial Walgreens Dairy Comer Place rezoning application (RZ 12- 08) has changed substantially and will therefore be processed as a new application (RZ 03 -09). Due to the fact that RZ 03 -09 now supersedes RZ 12 -08, I would like to request, on behalf of my client, to formally withdraw rezoning application 12 -08 and proceed solelywith the new application. Please feel free to contact me at (54C) 667 -2139 should you have any questions. Sincerely, Pattrt�� Rust Assy res Patrick R. Sowers Patton Harr.ust & Associates 1Ineers. Surveyors. PINnnea. Landscape Arch I ,c I,, P COCPOEAIC Cha a,, V,' VReINIA OFFICES Charru Chado:te,,dle F,ederleksbDr !iarrlson burg LeeFbIur n�ewa��: News I�orfck W Incheser VVood bi idgu LABORATORIES_ Chan 11 lly Fredericksburg MARYLAND OFFICES Colombia rederlek Ge: ria utown Holl wood Horn Valley \N llomspoiI PENNSYLVANIA OFFICE. T 540.007.2137 F 540. o65. 005 117 ENS Picmdllly Streel e 200 \NInchesier. VA 22001 �� January 19, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 JAN 2 0 2009 RE: Walgreens — Dairy Corner Place Rezoning Application Dear Mike: On behalf of my client, I would like to formally request postponement of the Walgreens — Dairy Comer Place rezoning application (RZ# 12 -08) scheduled for the February 4, 2009 Planning Commission meeting to allow time to revise the application_ I would request that a timeframe for this postponement not be specified to ensure that any revisions to the application are completed prior to returning to the Planning Conunission. As this request to postpone the application may cause action by the Planning Commission to exceed 90 days from the date of the initial public hearing, we request that the 90 day requirement for Planning Commission action be extended, as necessary, to allow for revisions to the application. Please feel free to contact me at (540) 667 -2139 should you have any questions or concerns. Sincerely, n,I anis ust s ociptes Patrick R. Sowers Patton HarrieRust & Associates t Sul vuSas In: C - C, hhecs JAN 1 6 2009 P Coz=oens. VICI"'A C'EICEs c,��1lh ":ern_er.:.:rr 1o:c1{. Leeoenro Cacnrlb MAFVrauo O!FCrs 6clamc:a Er lum o:c Gennco:own — odt -woof WIPIa 1), PHJNC fLVANIA Orr ICE =_le o,, T 5 0c7 ? 1 Sq F _,55 C 7 -C: t PIC,nc'r Sn5l, Sul- 200 January 16, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Walgreens — Dairy Corner Place Rezoning Application Dear Mike: On behalf of my client, I would like to formally request postponement of the Walgreens — Dairy Comer Place rezoning application (RZ# 12 -08) scheduled for the February 4, 2009 Planning Commission meeting to allow time to revise the application. I would request that a timeframe for this postponement not be specified to ensure that an) revisions to the application are completed prior to returning to the Planning Commission. Please feel free to contact me at (540) 667 -2139 should ) have any questions or concerns. Sincerely, Patton Harrt�s ustist & socia,tes Patrick R. Sowers W�. ® • REZONING APPLICATION 412 -08 WALGREENS -DAIRY CORNER PLACE Staff Report for the Planning Commission Prepared: December 1, 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 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 inhere relevant throughout this staff report. Reviewed Action Planning Commission: 12/17/08 Pending Board of Supervisors: 01/14/09 Pending PROPOSAL To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for commercial uses (pharmacy and office uses proffered). L OCATION : The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Comer Place. MAGISTERIAL DISTRICT Red Bud PROPERTY Ill NUMBERS 53 -A -90, 53 -A -91, 53 -A -92, 53- A -92A, 53- A -92B, 53 -A -94, 53 -3 -A and 63 -A -2A PROPERTY ZONING RP (Residential Performance) PRESENT USE Residential /Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) South: RP (Residential Performance) East: B2 (Business General) RP (Residential Performance) West: RP (Residential Performance) B2 (Business General) Use: Winchester Gateway Commercial Use: Residential /Dowell J. Howard Use: Commercial (220 Seafood) Residential Use: Residential Residential Rezoning #12 -08 — Walgreens -Dairy Queen Place December 1, 2008 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7 and Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the Walgreens -Dairy Corner Place rezoning application dated November 13, 2008 addresses transportation concerns associated with this request. VDOT has the following concerns: We feel the $10,000.00 monetary contribution is inadequate to offset needed improvements along the Route 7 corridor that are associated with development's transportation impacts. No provisions for a multi -use trail /bike facility along Route 7. One option may be removing proposed entrance on Dairy Corner Place and utilizing existing pavement as a multi -use trail by closing Dairy Comer Place from Valley Mill Road to Martin Drive. Proffer 1.8 indicates sidewalk along property frontage with Valley Mill Road. It appears from the Generalized Development Plan that this sidewalk will have to be located off the right -of -way and therefore not maintained by VDOT, additional right -of- way will have to be provided. Hatched out pavement section on Valley Mill Road, across from proposed entrance, may be better utilized as a left turn lane for Dowell J. Circle. We recommend extending road widening back to Martin Drive to accommodate this left turn lane. Before development, this office will require a complete set of construction plan 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. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal Plan approval recommended. Public Works Department: Refer to Land Use, page l: Discuss the demolition of the three residential dwellings and any appurtenant structures with a reference to proper abandoning of wells and/or drainfields in accordance with health department requirements. Because of the anticipated age of the existing dwellings (constructed prior to 1978), asbestos inspections will be required prior to demolition. These inspections could be performed in conjunction with an overall environmental site assessment. Refer to Access and Transportation, page 2: The existing intersection of Dairy Corner Place and the entrance drive to the old 200 Restaurant site does not provide for safe left -hand turns onto Route 7. Include required improvements at this location to accommodate ingress and egress traffic using Dairy Corner Place to access the proposed Walgreens site. Any proposed improvements should also be reflected in the proffer statement. Impact Analysis: Provide a detailed discussion of the site drainage and proposed stormwater management improvements. Any stormwater management facilities must be designed to meet or exceed the current BMP requirements specified by the Virginia Department of Conservation and Recreation. The stormwater analysis should evaluate the need for improvements to the culvert under the entrance to the 200 property. Consideration should be given to a regional stormwater facility which will also accommodate storm drainage from the adjacent Burns' property. • a Rezoning #12 -08 — Walgreens -Dairy Corner Place December 1, 2008 Page 3 Department of Inspections: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: Sewer and water are available to this site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: No objections as long as no wells or septic systems are being impacted from construction on neighboring properties. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that while the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. Department of Parks & Recreation: No comment. Winchester Regional Airport: It is determined that the proposal will not impact operations at the Winchester Airport. Frederick County Attorney: Please see attached letter dated November 5, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated November 20, 2008from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: Site History In 2002, the property for which this rezoning being requested was subject to rezoning application RZ #06 -02. This application was very similar to the current request in that it was for a B2 (Business General) commercial zoning with proffers. The Planning Commission recommended denial of this request at their 09104102 meeting. The Applicant subsequently withdrew this request by letter dated September 19, 2002 prior to it being presented to the Board of Supervisors. Transportation concerns appeared to be a significant issue at that time. The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R -2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. • o Rezoning 412-08 — Walgreens -Dairy Corner Place December 1, 2008 Page 4 1) _Comprehensive Poliev 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 property is within the UDA and S W SA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. The business corridor expectations of the Comprehensive Plan should be recognized. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Comer Place, and ultimately Route 7 should be avoided. In addition, future improvements to Route 7 and the I -81 interchange may need to use some part of the existing VDOT right of way of Dairy Corner Place in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Valley Mill Road and a secondary access point is proposed to be provided from Route 7 (Berryville Pike) via a full commercial entrance on existing Dairy Place Corner and a connection to Martin Drive at its intersection with Route 7. Please recognize that the proposed access onto the site via the Dairy Corner commercial entrance is very constrained. This entrance indirectly to Route 7 should be eliminated. Additional entrances along such a significant transportation corridor should be avoided. 9 o Rezoning 412 -08 — Walgreens -Dairy Comer Place December 1 2008 Page 5 The existing entrance at Martin Drive and Dairy Place Comer appears to be inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional commercial traffic. It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter - parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, to Martin Avenue and to the Route 7 frontage, and along the Route 7 frontage. Presently, only a bike path along Valley Mill Road is provided. 2) 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 parcels which are identified in this application. A more thorough evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. It would appear as though a couple of mature trees exist in the front of the property and it would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. 3) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level ofservice. Not all of these improvements will be in place and not all improvements are being provided It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I -81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill /Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. 0 A Rezoning 412 -08 — Walgreens -Dairy Corner Place Decer, 1, 2008 Page 6 Pedestrian and bicycle accommodations have been provided in a coordinated manner along Valley Mill Road. However, other accommodations, in particular, along the Route 7 frontage should be specifically incorporated into the proffer language. The closure of Dairy Place Corner in the manner identified in the application, and potentially at Martin Drive, should be achieved as part of the development of this site. The 5 year sunset clause on this closure and the future impacts of constructing this improvement are not desirable. 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 has been considered with this request. However, the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. Additional Frederick County Transportation Comments: • Staffivould reiterate that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. • The issue of access on to Dairy Corner Lane via the 220 Seafood Entrance continues to be a safety concern. Staff recognizes the attempts to reduce the impacts of this entrance through closure of Dairy Corner at Valley Mill, but cannot support the entrance in its current configuration due to potential conflicts between the ultimate user ofthe 220 site and this site. A more long term vision needs to be applied to the development of the automobile access to this site that considers the County's Eastern Road Plan. • Staffwould note that the significant concentration ofattached housing nearby would indicate, an increased need for access to Route 7 for bicyclists and pedestrians trying to access shopping, not to mention patrons of this site. We would recommend consideration of enhanced bicycle and pedestrian amenities not only to your site, but also to Route 7. • Finally, staff would continue to point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent ofwhat was proffered for another recent pharmacy rezoning. However, that rezoning was approximately 15, 000 square feet compared to this site's proposed 25, 000 square feet and that rezoning was located in an area of much lower traffic congestion. ® o Rezoning #12 -08 — Walgreens -Dairy Corner Place December 1, 2008 Page 7 B. Design Standards The application does not provide for the addition of an enhanced landscaping buffer area along the properties` frontage with Route 7. The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. Given the adjacent residentially zoned properties to the east and west of this site, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. D. 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 limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 4) Proffer Statement — Dated September 4, 2005 with latest revision November 25, 2008 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through November 25, 2008) for the site. The GDP shows a full entrance on Dairy Comer and a full entrance on Valley Mill Road. The location of a potential location for inter parcel connections is also shown on the GDP. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. It may be prudent to provide more specificity on important elements such as landscaping, buffering, and site layout B) Land Use The Applicant has stated that they intend to develop the property with up to 15,000 square feet of pharmacy use and up to 10,000 square feet of office use on the property. This is generally consistent with the TIA. The applicant has not proffered any enhanced landscaping along the site's road frontages which would enhance the corridor appearance of the property and address this goal of the Comprehensive Plan. 0 0 Rezoning #12 -08 — Walgreens -Dairy Corner Place December 1, 2008 Page 8 B) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the south east corner of the site. The proffers, in particular proffers 1.3 and 1.11 should be evaluated and potentially modified to reflect the need not to have an entrance on Route 7 via Dairy Place and Martin Drive. Improvements to the east side of Valley Mill Road across the properties frontage including improvements to the north bound leg of the Valley Mill Road and Route 7 intersection are provided, as is the dedication of any necessary right of way needed to make the improvements. Ultimately, Valley Mill Road is planned to not connect with Route 7 in its current location. Significant improvements in this'location may further compromise the ability to implement the long term improvements in this general area. Regardless, any improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. The Applicant has proffered a $10,000 contribution for future transportation improvements within the general vicinity of the property. The applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement or address additional impacts that could be associated with this request. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. The Applicant has proffered to close the existing access from Dairy Place Corner to Valley Mill Road. All site and transportation improvements should be completed prior to the issuance of a Certificate of occupancy on the first building. Proffer 1.7 should be revised accordingly. The closure of Dairy Place Corner and Martin Drive should also be evaluated The Applicant has proffered to construct a 10' asphalt hiker /biker trail along the property frontage with Valley Mill Road. A similar improvement should be provided along the Route 7IDairy Corner Place frontage. Improvements should also be considered to connect along Valley Mill Road to Martin Drive. O O Rezoning 412 -08 — Walgreens -Dairy Corner Place December 1, 2008 Page 9 D) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. Monetary contributions to offset the impact of development should be made prior to the issuance ofthefirst building permit for the property. Proffer 3.3 should be revised accordingly. STAFF CONCLUSIONS FOR THE 12/17/08 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan, in particular the Route 7 Business Corridor Plan and the Eastern Road Plan. Particular attention should be paid to the transportation impacts associated with this request and the proposed entrances to the facility. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not recognized. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. ( > >!wnp amvwaoyad!eguaRsag)3g g>p15!p 14Hq'RplsnPU1)IW — 0-w�!p evV1u+nH)tlH! (pulnpuaqu>np3nag8!H)HH- (PUIS!p q!onmwoJ leuegeaaaH R!ImPRaH)91- (puls!p 8uunpgnunW asgxgn3)W3• VSMS ^� pauls!p grynmwnJpauue!d RguapgaH)OH ®(PpR!puogquoa luigsnpMI nau!sng)gq-eaVluawdo!anap Ipu >np poddng!v >!PaWI SW • Wumu .e.U!ang)" v: — OulPling Qa!ns!p prymumaJ suoN al!go W)IHW 4aump puggaogg8!aN lseupng) Ig uOgeollddVQ paulnp!uaoayleuisnpu!)ZW ° nHIHOJ ssedRg LEIM aInIn3 N 1y1W1 Ja WB!d �SL'�) � `0£ - V - dbS `6 d65 `V6 - L d6S :Nld 80 Z L # Z3S SuwoZaa aa�id aau.�o� �faieQ - suaaa�IBM laaj OU OU OS E 0 COUNTY of FREDERICK Department of Planning and Development 0/665-5651 TO: Patrick Sowers FROM: Michael T. Ruddy, AICP Deputy Director RE: Initial Comments — Walgreens, Dairy Comer Rezoning Application DATE:' November 20, 2008 The following points are offered regarding the Walgreens, Dairy Corner Commercial Rezoning Application. This is a request to rezone 3.1 acres from RA to B2 with Proffers. Please consider the comments as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input that has previously been provided on this request. Please ensure that these comments and all review agency comments are adequately addressed. Land Use. The property is located in the area covered by the Route 7 Corridor Plan. The property is within the UDA and SWSA and is designated as an area of commercial land use. The business corridor expectations of the Comprehensive Plan should be recognized. General. Consider providing more design details, including the form of the layout of the site and the building materials, which would implement the goal of developing an attractive addition to the Route 7 corridor. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Similar projects in other developing areas of the community have attempted to address the corridor appearance efforts of the County. Such an approach may include locating the buildings on the property to the front of the site, Route 7 and Valley Mill Road, and limiting the amount of parking in front of the buildings in favor of providing more parking internal to the sight. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 • o Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 2 TransnortaYron. This application should focus on the entrance to Valley Mill Road, Valley Mill Road, and an enhanced interparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an Urban six -lane divided facility. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Place, and ultimately Route 7 should be avoided. The existing entrance at Martin Drive and Dairy Place Corner appears to be inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional commercial traffic. In addition, future improvements to Route 7 and the I -81 interchange may need to use some part of the existing VDOT right of way in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. The function of the existing signal at Valley Mill Road and Route 7 should continue to be enhanced and improvements to Valley Mill Road should be promoted. Improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. It is anticipated that additional right -of -way and improvements may be necessary along Valley Mill Road. Future right -of -way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. This may warrant a greater amount of dedication than the proffered 10'. More detail should be provided regarding Martin Avenue and its intersection with Valley Mill Road. This intersection appears to be approximately 150' from this property. Martin Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving the frontage of Valley Mill Road and the entrance to Martin Avenue to a public street standard that meets all current standards. This application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Valley Mill Road and Martin Drive. ® 0 Initial Comments — Walgreens, Dairy Comer Rezoning Application November 20, 2008 Page 3 It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter - parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I -81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. 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 relative with the scale of this request. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Avenue, and Martin 'Avenue, to the Route 7 frontage, and along the Route 7 frontage. Bike and pedestrian accommodations should be a consideration across the Route 7/Dairy Corner frontage and across Valley Mill Road intersection. This should be done at this time and in conjunction with your proffered intersection improvements at this location. Proffer Statement. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified. It may be prudent to provide more specificity on important elements. In addition, the Generalized Development Plan should be specifically referenced in the proffers. Section I of the proffers may be the best place to do this. Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. Proffer 1.10 should be evaluated to reflect the desire not to have an entrance on Route 7 via Dairy Place and Martin Drive. Vehicular circulation should be via the signalized intersection and interparcel connections. i a Initial Comments — walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 4 All site and transportation improvements should be completed prior to the issuance of a Certificate of occupancy on the first building (Proffer 1.6). Proffer 1.9 appears to be the exception. In this case, all easements shall be provided prior to site plan approval to insure that the improvements shown on the site plan can be provided. Monetary contributions to offset the impact of development should be made prior to the issuance of the first building permit for the property. Proffer 3.3 should be revised accordingly. This proffer statement provides for a 25,000 square foot commercial development which would include a pharmacy with drive up window. The monetary contributions aimed to offset the impact of development should be carefully evaluated to ensure they are relative to the proposed development. The proffer statement must be signed by the owner /owners of the property• Impact Analysis. The application proffers 25,000 square feet of commercial, including a pharmacy with drive through window. There is no further breakdown of the square footage of the uses. The T1A models a 15,000 square foot pharmacy and 10,000 square feet of medical office uses. This should be considered when evaluating the impacts of this request and the proffer statement. Based upon the above scenario, the TIA describes improvements that are necessary to achieve an acceptable level of service. Not all of these improvements will be in place and not all improvements are being provided. It would appear as though even with your suggested improvements to the approach to the valley Mill/Route 7 intersection, only a level of service D is being achieved. Other. I would suggest an evaluation of the existing mature trees on the property to determine if any can be incorporated into the design of the project. It would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. Additio comments provided by Mr. John Bishop AICP The issue of access on to Dairy Corner Lane via the 220 Seafood Entrance continues to be a safety concern. Staff recognizes the attempts to reduce Nl, but impacts of this entrance through closure of Dairy Corner at Valley cannot support the entrance in its current configuration due to potential conflicts between the ultimate user of the 220 site and this site. A more long a a Initial Comments — Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 5 • term vision needs to be applied to the development of the automobile access to this site that considers the County's Eastern Road Plan. • We would note that the significant concentration of attached housing nearby would indicated an increased need for access to Route 7 for bicyclists and pedestrians trying to access shopping, not to mention patrons of this site. We would recommend consideration of enhanced bicycle and pedestrian amenities not only to your site, but also to Route 7. • In reviewing the materials sent to VDOT and copied to the County regarding pro - rata shares for transportation, staff must point out that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. • Finally, staff must point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent of what was proffered for another recent pharmacy rezoning. However, that rezoning was approximately 15,000 square feet compared to this site's proposed 25,000 square feet and that rezoning was located in an area of much lower traffic congestion. Once again, please ensure that all review agency comments are adequately addressed. Attachments MTR/bad COUNTY of FREDERICK Roderick Q. Williams County Attorney VIA FACSIMILE (540- 665 -0493) AND FIRST -CLASS MAIL Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 540/722 -8383 Fax 540/667 -0370 November 5, 2008 E -mail: rwillia @co.frederick.va.us Re: Walgreens — Dairy Corner Place — Proposed Rezoning Proffer Statement dated September 4, 2008 Dear Patrick: I have reviewed the above - referenced proposed Proffer Statement. It is m y opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a,proffer statement, subject to the following: Proffer 1.1 — The proposed application materials are titled " Walgreens — Dairy Corner Place' and refer to a 15,000 square foot pharmacy and 10,000 square feet of office space, but the Proffers do not actually exclude any B2 uses, nor does the GDP identify any particular structures contemplated for the Property, whether corresponding to pharmacy and /or office space use or otherwise. • Proffer 1.2 — The TIA refers on page 17 to the site entrance on Dairy Corner Place as b but the Proffers do not impose such a limita_t_ion. • Proffer 1.3 — The Proffer does not indicate any specific triggering event for the referenced inter - parcel connector, such as, at such time as the adjoining parcel(s) becomes subject to a particular use or uses. • Proffer 1.4 — The Proffer provides for the design and construction of the additional northbound left turn lane on Valley Mill Road at the intersection with Route 7 and the GDP indicates "10' R.O.W. DEDICATION" along Valley Mill Road as it borders the Property, but the Proffer does not commit to make the indicated dedication. • Proffer 1.5 — The Proffer does not state a time period, upon occurrence of approval by Frederick County and VDOT, within which the Applicant will provide for the closure of access from Dairy Corner Place to Valley Mill Road. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers November 5, 2008 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely, ®ricB. o it s County Attorney cc: Michael T. Ruddy, AICP, Deputy Director Department of Planning and Development • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 • 2. Property Owner (if different than above) Name: Eastside Holdings LLC Telephone: Address: P.O. Box 31 VA 22604 3. Contact person(s) if other than above Name: Patrick Sowers w /PHRA Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X E • 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: Eastside Holdings LLC Red Leaf Development 6. A) Current Use of the Property: Residential and Vacant B) Proposed Use of the Property: Commercial LJ Ll 7. Adjoining Property: SEE ATTACHED 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). The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Vallev Mill Road and also adjacent to Dairy Corner Place. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 54F -1 -9A, 54F -1 -9, 54F -A -30, 541 -A, 54F -3 -Al and 54F -3 -A2. Districts Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood High School: Middle School: Elementary School James Wood JW Middle Redbud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.1 RP 132 3.1 Total acreage to be rezoned 2 E 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi - Family Non - Residential Lots Mobile Home Hotel Rooms Square Footage of Proposed Uses • • Office 10,000 Service Station Retail Manufacturing Restaurant Flex - Warehouse Other (Pharmacy) 12. Signature: 15,000 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) -_ Date 3 • Adjoining Property Owners Rezoning 0 0 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2 nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: David and Svetlana Burns 1675 Fort Braddock Street Property #: 54-A-1 12Q, 54-A-1 12D AND 54-A-1 12P Winchester, VA 22601 Name: 220 Seafood Restaurant, LLC 238 Hanging Tree Road Property #: 54-A-1 12C Winchester, VA 22603 Name: Win, LLC 1100 Fifth Ave S, Ste 210 Property #: 54 -A -99E Naples, FL 34102 Name: Frederick County School Board PO Box 3508 Property #: 54 -A -114 Winchester, VA 22604 Name: Ariosto and Maria Sorto 1 Country Club Drive Property #: 54F -1 -7, 54F -1 -3 and 54f -1 -5 Leesburg, VA 20175 Name: State Highway PO Box 2249 Property #: 54F -A -30A Staunton, VA 24402 Name: Willie and Angela Shoemaker 286 Huntersridge Drive Property #: 54F -1 -8 Winchester, VA 22602 Name: Betty Garrett 147 Dowell J. Circle Property #: 54F -1 -6 Winchester, VA 22602 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Pro ert #: 4 0 1 1 ( r i t. Map Features County Boundary C Tax Map Boundary Community Centers George Washington National Forest p Hamlets - LakesiPonds N Streams Sevier Service Area Urban Development Area Roads/ Transportation /V Interstates // Primary Highways / \/ Secondary Roads r Named Private Roads „Unnamed Private Roads Proposed Route 37 .:' Railroads Cities/Towns Middletown Stephens City Winchester Agricultural Districts Double Church Refuge Church South Frederick Zoning Bi (Business, Neighborhood District) B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) ® M1 (Industrial, Light District) C M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Services District) R6 (Residential, Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) "* WINCHESTER GATEWAY 4 p C ` $ 111 11111 Cr ROJECT AREA 4 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. tPims PH zzsm Sl eat SUite2W v wl�n�st��, R1t Ea T 340.067.2139 F sas.sss.sas3 91 ZONING MAP WALGREENS DAIRY CORNER PLACE y 'Z FIGURE 2 DATE: 7/1/08 0 NOTES 1. BOUNDARY SHOWN HEREON WAS DEtQNNED EN A RE1D RUN SURJE! PERFORMED M A97 k ASBOCLATES ON DECRIDER 3, 2OD2. �5 PUT IS SUBJECT N MEMENTS AND RESIKTM OF RECORD. l MM RADIUS I ARC LENGTH I CHORD LENGTH f CHORD WA ANGLE Cl 979, 50.53 1 50b3 I S 597535 E I 026 1 C2 979.3 60.60 i RESTAURANT, L. C. 1 862/1298 C3 64296 0.34 0 N 44 W E r4 547 ."' P1.19 I " m"g; W 1 C5 547.A6 1 61.00 50.95 N 1 a 05 W 1 OS19 GB 547.96 59.49 59.40 N 1S 3o W I OrI3 REBW SET UNLESS NOTED UMME P- • PON Rf&R FOUR AT 7.05' ^IV Cl a 9A 9 ¢ r0 SHND 3 Lr5 FOUND 1 Y r ` ti4 DAIRY C�,M� Rmw FOUND AT 0.7Y - L1U 116 HE 5 ' A s A1-2 TM#54- A -112C ` e 220 SEAFOOD 169 i RESTAURANT, L. C. � 862/1298 1 G RON PIPE w A1�-1^ FOUR 30 E 10 R� I / RON PIPE sEr t14 R " FOOD RMAR FOND L TM #54 -n•I12E 9A = 4,785 SQ.FT. o DON LD 6.6nN5E 9 = 11,112 SQ. FT. 580/425 30 = 1.7640 ACRES REM A = 24,660 SQ. FT. F / A 1 -1 = 16,578 SQ. FT. A 1 -2 = 665 SQ. FT. TOTAL = 3.0909 AC. BOUNDARY SURVEY of 6 PARCELS REDBUD DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1": 100' DATE: DECEMBER 3, 2002 PRES OWNERS: : AWNERS p� 9 9A = C1ARA 6 W M A R F 5 A Q� �PG74 pB 9 = E. SR.d A �q� p 1- D B 40= DOU S RU$$ 54ff D8 gD9 K 1 20 �B 427 P6 X62 PARCEL 1 Al -2 c DOUGLAS E. RUSSELL 54F -3 -A1 - gp9 P 1420 PRar<CT 120159 DO 427 P& 562 PARCEL 2 1H OF Y VA P� ICHAEL M. ARTZ No. 1951 l °� G.1 SURgi-y U N 116 E 1 N 1 1 169 L3 6 E 9.94 L4 N 1 1S E 14.34 1 LS S 0 W 091.96 Az N 3'r2riv W ffu U S 42 1 W im l9 N 22MMO 1 10.31 L 00 N 09 11 H W M 1 1 M 16 L 3 S t w 143.96 14 S 1 W L W L16 N w Z7 7 1.66 08 e2 11.1 119 N 5106 W 136.91 S 64.1 l21 S 00 E 69 1H OF Y VA P� ICHAEL M. 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