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Home My WebLink About12-08 CommentsPatton Harris Rust & Associates M emorandum Engineers. Surveyors. Planners. Landscape Architects. 1 East Piccadilly �l l� F 1 540.665.04 93 2 139 n a To: Mike Ruddy, AICP Organization /Company: F rederick County Planning From: Patrick Sowers Date: November 25, 2008 Project Name /Subject: Walgreens — Dairy Corner Place PHR +A Project file Number: 15824 -1 -0 cc: We received new Frederick County Attorney comments today for the Walgreens — Dairy Comer Place rezoning application. I have attached a copy of our comment response letter as well as the revised Proffer Statement and GDP, both dated November 25, 2008 to address the County Attorney comments. I have attached 40 copies of the GDP for the Planning Commission agenda mail -out. Would you please replace the proffer statement and GDP provided as part of the application submittal to your office on November 21, 2008 with the attached documents. Please feel free to call with any questions you may have. NOV 2 5 2008 Paton Harr! Oust & Associates Engineers. Surveyors. Planners. Landscope Archirects. 25 November 2008 Mr. Roderick B. Williams Office of the County Attorney 107 N. Kent Street, 3 d Floor Winchester, Virginia 22601 • RE: Walgreens —Dairy Comer Place Rezoning Application; P n n Response to comments � l�L Dear Mr. Williams: CORPORA Thank you for your comments dated November 25, 2008 regarding the proposed Chantilly Walgreens — Dairy Comer Place rezoning application. I have attached a revised VIRGINIA OFFICES: Proffer Statement and Generalized Development Plan, both dated November 25, Chantill 2008, for your review. The revised Proffer Statement has been revised to address Charlottesvi your comments as follows: Fredericksburg Harrisonburg 0 Proffer 1.2 — The TIA refers on page 17 to the site entrance on Dairy Leesburg Newport News Comer Place as being a right -Wright -out entrance, but you have indicated Noriolk in your e -mail correspondence to me as of November 5, 2008 that, while Winchester VDOT originally suggested analyzing the entrance as a right - in/right -out, Woodbridge VDOT has not since provided any negative feedback to the entrance being a LA9oRATORIES: standard entrance. Therefore, my only comment is that staff should be Chantill aware, to the extent the matter is significant, that the Proffer Statement does Fredericksburg not impose a right - Wright -out limitation. MARYLAND OFFICES'. BOwmare Acknowledged Columbia Frederik a Proffer 1.6 — Staff should be aware that the Proffer contains a sunset Germanrown provision of five years for the County and VDOT to request that the Hollywood Applicant perform the work for closure of access from Dairy Gamer Place Hunt valley to Valley Mill Road and Staff should accordingly determine whether the Williamsport sunset provision is acceptable. PENNSYLVANIA OFFICE'. Allentown Acknowledged. T 540 667.2 139 F 540.665.0493 • Proffers 1.7 & 1.8 — It may be helpful to add number labels, referring to 1 17 East Piccadilly Street commitments provided in these Proffers, on any future revisions to the Suite 200 GDP. Winchester, VA 22601 The Proffer Statement and GDP have been revised to prooide the labels as suggested. • Proffer 1.9 — The reference to "site distance" should be to "sight distance ". The Proffer Statement has been revised as neggested. • Proffer 4.1 — For consistency with Proffers 3.1 & 3.2, the references to the Board of Supervisors should be to Frederick County. The Proffer Statement has been revised as suggested PH I hope that these revised application materials and responses adequately address R+A your review comments. Please feel free to call me at (540) 667 -2139 if you have any questions. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R Sowers Enclosure I CC: Mike Ruddy, Frederick County Planning 0 0 PROPOSED PROFFER STATEMENT REZONING: RZ # Residential Performance (RP) to Business General (132) PROPER71"Y: 3.1 acre +/-;Tax Map Parcels 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 541-3 -A1, and 541 - -3 -A2 (the "Property ") RECORD OWNER: Eastside Holdings, LLC APPLICANT: Eastside Holdings, LLC PROJECT NAME: Walgreens — Dairy Corner Place ORIGINAL DATE OF PROFFERS: September 4, 2008 REVISION DATE(S): October 10, 2008; October 15, 2008; October 21, 2008; October 22, 2008; November 5, 2008; November 6, 2008; November 21, 2008; November 25, 2008 The undersigned hereby proffers that the use and development of the subject property ( "Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Walgreens — Dairy Corner Place" dated September 4, 2008 revised November 25, 2008 (the "GDP "), and shall include the following: 1. Site Development 1.1 Development of the Property shall be limited to a pharmacy and /or office uses. Pharmacy uses shall be limited to a maximum building floor area of 15,000 square feet. Office uses shall be limited a maxunum building floor area of 10,000 square feet. 1.2 The Property shall be developed in substantial conformance with the GDP. Proffer Statement U 4 1 algreens — Dairy Corner Place 1.3 Access to the Property shall be limited to one entrance on Valley Mill Road as well as one entrance on Dairy Corner Place in substantial conformance with the locations depicted on the GDP. (See 1A and 1B on the GDP) 1.4 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide an inter - parcel connector for access to and from the area located east of the Property in substantial conformance with the location depicted on the GDP. (See 2 on the GDP) 1.5 The Applicant shall design and construct all improvements necessary to provide two left turn lanes and a shared right /thru lane for northbound Valley Mill Road at the intersection of Valley Mill Road and Route 7 as depicted on the GDP. Said improvement shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property and shall be subject to review and approval by the Virginia Department of Transportation (VDOT). (See 3 on the GDP) 1.6 The Applicant shall design and construct a left turn lane for the project entrance on Valley Mill Road as depicted on the GDP prior to issuance of a certificate of occupancy for any building constructed on the Property. Said design shall be subject to review and approval by VDOT. (See 4 on the GDP) 1.7 If permitted by Frederick County and VDOT, the Applicant shall close the existing access from Dairy Corner Place to Valley Mill Road as depicted on the GDP. The Applicant shall complete said road closure within 180 days of receiving written notice from Frederick County and VDOT. In the event the Applicant does not receive written notification from Frederick County and VDOT within 5 years from the date of final rezoning to request the closure of said roadway, then the Applicant shall no longer be responsible for said improvement. (See 5 on the GDP) 1.8 The Applicant shall dedicate 10 feet of right of way across the Property frontage with Valley Mill Road prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 6 on GDP) 1.9 The Applicant shall construct a 10' asphalt hiker /biker trail to VDOT standards along the Property frontage with Valley Mill Road concurrent with the road improvements identified in Proffer 1.4. (See 7 on GDP) 1.10 Prior to site plan approval, the Applicant shall obtain any easements necessary to provide adequate sight distance as required by VDOT. 1.11 The Applicant shall improve the intersection of Martin Drive and Dairy Corner Place as required by VDOT for site plan approval. Said improvements shall be constructed prior to issuance of a certificate of occupancy for any building constructed on the Property. (See 8 on GDP) 1.12 In the event the existing right of way for Dairy Corner Place is utilized for improvements to the Route 7 corridor, the Applicant shall not object to modifications by VDOT to the proposed site access to Dairy Corner Place as depicted on the GDP. (See 113 on GDP) Page 2 of 4 Proffer Statement U 2. Design Standards g algreens — Dairy Corner Place 2.1 Any structure erected on the Property shall( combination of the following : cast stone, stone, 1 stucco. Additionally, dumpster pad screen wall masonry material(s) used for building constructiot « l - 2.2 Site lighting shall utilize full cut -off luminaries properties. 1 - 1 7 3. Monetary Contribution to Offset Impact of Developri 3.1 The Applicant shall contribute the amount of o Frederick County for fire and rescue purposes. Si to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriffs Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.3 The Applicant shall contribute the amount of ten thousand dollars ($10,000.00) to Frederick County for transportation improvements within the general vicinity of the Property. Said contribution shall be made prior to issuance of a certificate of occupancy for any building constructed on the Property. 4. Escalator Clause 4.1 In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ( "CPI -U ") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 3 of Proffer Statement O Respectfully submitted, Eastside Holdings, LLC By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: O walgreens — Dairy Corner Place The foregoing instrument was acknowledged before me this day of 2008, by My commission expires Notary Public Page 4 of 4 Patrick R. Sowers E From: Funkhouser, Rhonda (mailto: Rhonda. Funkhouser @VDOT.Virginia.gov].On Behalf Of Hoffman, Gregory Sent: Friday, November 21, 2008 7:41 AM To: Ronald A. Mislowsky Cc: mruddy @co.frederick.va.us; John Bishop; Hoffman, Gregory; Smith, Matthew, P.E. Subject: Walgreens - Dairy Corner Place, Frederick County - VDOT Comments to Rezoning 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 referenced. 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. VOOT 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 developments 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 Corner 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. If the intent is for the sidewalk to be 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 plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Gregory T. Hoffman, Land Development Supervisor Virginia Department of Transportation Edinburg Residency - Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535 -1824 Fax #(540) 535 -1846 0 Patrick R. Sowers • Subject: Walgreens and Burns Rezonings - - - -- Original Message---- - From: Wayne Lee [ mailto :Leew @frederick.kl2.va.us] Sent: Thursday, November 06, 2008 10:38 AM To: Patrick R. Sowers Cc: Ai Orndorff; Patricia Taylor Subject: RE: Walgreens and Burns Rezonings Patrick, Here is our comment for the Burns Rezoning: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill /Berryville Turnpike intersection. Here is our comment for the Walgreens Rezoning: FCPS requests that the applicant revisit its Traffic Impact Assessment to assess how many drivers will adopt Valley Mill as their eastbound route to avoid rush hour traffic on Berryville Turnpike. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use will increase that difficulty. We do see that the Walgreens Generalized Development Plan contemplates an additional left turn lane from Valley Mill Road onto Berrvville Turnpike, and think that will be of benefit to us. However, we do not think it will ease the difficulty of left turns out of Dowell J. Howard Center. We see this issue being more related to traffic volume than to stacking at the Valley Mill /Berryville Turnpike intersection. We also see the proposed entrance on Dairy Corner Place, but think that this entrance will not completely offset the change in driver behavior we anticipate. Thank you for working with us and the opportunity to comment. Thanks Wayne Kenneth Wayne Lee, Jr. CZA Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. O. Box 3508 Winchester, VA 22604 -2546 leew @frederick.kl2.va.us (office) 540- 662 -3889 x88249 (fax) 540- 662 -4237 (cell) 540 -533 -3745 (direct connect) 187 *51 *10627