Loading...
HomeMy WebLinkAbout13-08 ApplicationQ .n}q CO of FREDERICK a Department of Planning and Development 540/665 -56 FAX: 540/665-6395 January 29, 2009 Mr. John Lewis Painter - Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, VA 27601 RE: REZONING 413-08,1932-1953 Senseny Road PINS 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A -2 -1 -4 and 65A -2 -1 -5 Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 28, 2009. The above - referenced application was rezone 3.93 acres from RP (Residential Performance) District to B2 (Business General), with proffers. The properties are located in the southeastern quadrant of the intersection at Senseny Road (Route 657) and Greenwood Road (Route 656), in the Red Bud Magisterial District. The proffer originally dated July 2, 2008 and revised last on January 21, 2009, 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, c Michael T. Ruddy Deputy Planning Director . MTR/bad Attachment cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Sandra Love, 503 Old Kitchen Rd., White Post, VA 22663 Kenneth and Shirley Mason, 1920 Senseny Rd-, Winchester, VA 22602 Franklin Anderson III, 1948 Senseny Rd., Winchester, VA 22602 Donald Straus, 1958 Senseny Rd., Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 REZONING APPLICATION #13 -08 1932 -1958 SENSENY ROAD Staff Report for the Board of Supervisors Prepared: January 20, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 01/07/09 Board of Supervisors: 01/28/09 Action Recommended Approval Pending PROPOSAL To rezone 3.93 acres from RP (Residential Performance) District to B2 (Business General) with proffers. LOCATION The properties are located in the southeastern quadrant of the intersection at Senseny Road (Route 657) and Greenwood Road (Route 656). MAGISTERIAL DISTRICT Red Bud PROPERTY ID NUMBERS 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A -2 -1 -4 and 65A -2 -1 -5 PROPERTY ZONING RP (Residential Performance) PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) Use: Retail South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Use: Residential PROPOSED USES Commercial uses including a Pharmacy. Rezoning #13 -08 —1932 -1958 Senseny Road January 20, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: Email dated November 19,2008: This email serves as a follow -up to our on -site meeting on November 5, 2008 to discuss the right turn lane off Senseny Road into CVS. Based on this meeting, VDOT is in agreement that the outer lane of the urban four lane divided road section can be used as a shared thru and right turn lane for this development. This decision was made after discussions of modifying the western entrance on Senseny to a right in only and altering the design so this movement is more channelized and unobstructed. Please note, this eliminates previous rezoning comment of requiring additional right -of -way for a dedicated right turn lane. Email dated 10/27/08: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Ervin 1932 -1958 Senseny Road Proffer Statement dated July 2, 2008 address transportation concerns associated with this request. We offer the following: 1) The County's Eastern Road Plan calls for Senseny Road to be an urban four lane, divided road section (two thru lanes in each direction with median/center left turn lane). Development plan as shown only provides one thru, as the outer lane is a right turn lane as required by VDOT design standards. Additional right -of -way will be required at right turn lane(s). 2) Extend Senseny Road median to Orrick Commons intersection. 3) The County's Eastern Road Plan calls for Greenwood Road to be an urban four lane, divided road section (two thru lanes in each direction with median/center left turn lane). Development plan as shown only provides one thru, as the outer lane is a right turn lane. Development needs to provide additional right -of -way dedication to accommodate future road section and right turn lane. 4) Sidewalk is shown off right -of -way and as such will not be maintained by VDOT. 5) Easements should be provided for inter - parcel connectivity to adjoining parcels. Fire Marshall: Plan approval recommended. Department of Public Works: 1. Refer to A. Site Suitability, page 1: We concur with your statement that the proposed sites are suited for rezoning to the Business General District. Based on the proposed development plan, we anticipate that all of the existing single family dwellings and associated accessory buildings will be demolished. A note should be added to the site plan to indicate that asbestos inspections and demolition permits will be required prior to demolishing these structures. 2. Refer to F. Drainage, page 5: Drainage will be a big concern for the proposed site development. Every effort should be made to divert drainage away from the residential dwellings located behind and to the south of the proposed development. It should be noted that the Department of Conservation and Recreation will require the implementation of best management practices (BMP) to manage storm runoff. The design of the stornwater management facilities should include an evaluation of an existing culvert which crosses under Senseny Road and connects to the stormwater system associated with the Orrick Commons development. It appears that this culvert is located in front of parcel 65 -A -214 and could possibly be used as a discharge point for a future BMP. Frederick - Winchester Service Authority: No comments. Sanitation Authority Department: The Authority has sufficient sewer and water capacity to serve this site. 0 0 Rezoning #13 -08 — 1932 -1958 Senseny Road January 20, 2008 Page 3 Health Department: The Health Department has no objection to plans for this site. It appears public water and sewer will be utilized. If any wells or septic systems are found, please contact the Health Department for proper abandonment. - Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan should not impact operations at the Winchester Regional Airport. Frederick County Public Schools: We offer no comments. Frederick County Attornev Comments: It is my opinion that the revised Proffer Statement dated October 14, 2008 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: 1. Proffer 1 (GDP) — This states that the applicant proffers the GDP for the purpose of identifying, among other things, "the location of the principal site access ". As such, staff should be aware that Proffer I speaks only to the location of "principal" site access and does not actually limit additional access to the site nor, for that matter, does it limit the type of access (e.g., whether one or more entrances are to be right -in, right -out) at any location where access other than "principal" access might be included. 2. Proffer 4 (Maximum Floor Area) — Staff should be aware that the applicant is only proffering a possible building square footage limitation and is not proffering to exclude any particular 132 uses of the site. Therefore, the rezoning, if approved would allow the site to be used for any 132 use, with the only practical use limitation being what use(s) could be fit within the particular site, which is approximately 3.93 acres in size and fairly elongated in shape. Along related lines, I would note that the GDP, unlike some of the other items included as information in the draft rezoning package, does not actually identify the structure(s) to be built, or even building footprint(s) /location(s). Also, the provision concerning allowance of greater building square footage lacks specificity as to what if any further square footage limit would apply upon the requisite TIA finding. Staff should be aware as well that any such TIA would be conducted by a consultant of the applicant's choosing, with no apparent role for the County to address the results of the TIA. 3. Proffer 7 (Historical Monument) — The proffer does not state a deadline by which the applicant shall complete construction of the monument. 4. Proffer 10 (Pedestrian Crossing of Senseny Road) — The proffer does not state who will make the determination that the crossing is required, how the determination will be made, whether the determination must be made within a particular time frame and the time frame within which the applicant must complete the improvement following a determination of its necessity. Planning Department: Please see attached Memorandum dated September 4, 2008, from Michael T. Ruddy, AJCP, Deputy Planner. Planning & Zoning: 1) Site History In 2007, a portion of the property for which this rezoning being requested was subject to rezoning application RZ #II -07. This was a request to rezone 2.2 acres from RP to B2 with proffersfor a pharmacy. Ultimately, this application was denied by the Board of Supervisors. • 0 Rezoning 913 -08 — 1932 -1958 Senseny Road January 20, 2008 Page 4 Transportation concerns were identified as a significant issue at that time: specifically, --- _ the impacts of the site's traffic and circulation on the intersection of Senseny Road and Greenwood Road and particularly the left turn movement onto westbound Senseny Road. This movement was identified as creating a stacking issue that would negatively impact Greenwood Road. This current request differs from the original request in that three additional properties have been added to the application which provides the ability for the project to access Senseny Road at the existing signalized intersection of Orrick Commons. - Ttie original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being rezoned from A -2 (Agricultural General) to R -3 (Residential) with rezoning application 018 -78. Subsequently, the residential zoning classifications were consolidated into the RP (Residential Performance) zoning district, the zoning which the property currently retains. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] Land Use The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection, developing the south eastern portion of the intersection for neighborhood commercial development, if done in a compatible manner, would be consistent with the Comprehensive Policy Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. Recently, The Frederick County Board of Supervisors approved the land use proposal for the urban areas of the County. This alternative form of land use provides a desirable choice for properties located within areas identified as potential neighborhood villages and urban centers. 0 0 Rezoning #13 -08 — 1932 -1958 Senseny Road January 20, 2008 Page 5 This property is located in an area designated as a potential neighborhood village. Staff has encouraged this applications' consideration of the neighborhood village concept and the principles of new urbanism to the greatest extent practical. However, this is a not a requirement of the Comprehensive Plan, rather a choice that may be utilized by the applicant when considering the future development of a property. Regardless of the above comment, this property is located in a developing area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are considered. The general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types, need to be followed. Given the lack of details concerning the physical construction of the property, the County should be confident that the commercial use of this property will be complementary with area and adjacent residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an improved major collector. This translates to a four -lane divided urban section, such as is being implemented with Warrior Drive within the Wakeland Manor development. The idealized intersection design in the Comprehensive Plan (6 -15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right -of -way, and sidewalks. Greenwood Road adjacent to this property is designated as an improved minor collector road. The Frederick County Bicycle Plan designates Senseny Road as a short -term designated route. The applicant is implementing the Eastern Road Plan. On Senseny Road, an additional lane is being provided, as is a raised median across the frontage of the property providing additional access management. Greenwood Road is being improved to the standard identified in the Eastern Road Plan. Site Access and design. Access to the site is proposed via a full commercial entrance at the signalized intersection of the entrance to Orrick Commons on Senseny Road, and an additional right -in only entrance on Senseny Road. This additional restricted movement on Senseny Road is further promoted with the construction of a raised median that extends from Greenwood Road to the Orrick Commons intersection at the eastern edge of the property. A controlled right -in right -out entrance on Greenwood Road is also proposed. This entrance is also further controlled by a raised median within Greenwood Road. Several access concems that were evident in the original rezoning appear to have been addressed in this new application. The connection to the existing Orrick signal on Senseny Road provides the ability to exit the site directly to Senseny Road rather than having all of the westbound Senseny Road traffic exit via the commercial entrance on Greenwood Road at the southern most point of their property. As noted elsewhere in this report, there was limited ability to accommodate a critical left turn westbound movement on northbound Greenwood Road at its intersection with Senseny Road. As a result, this had the potential to block access to 0 0 Rezoning #13 -08 — 1932 -1958 Senseny Road January 20, 2008 Page 6 the property from southbound Greenwood Road. This issue was highlighted by VDOT and Staff during their review of the TIA and by the Planning Commission. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The property is the site of the historical Greenwood School House (DHR 434 -421), one of only a few schools constructed of formed rusticated concrete block. Some other attributes of the school included a bell tower that sat on the roof as well as serving as a public school in the "Modern Expansion Era." The site has been used as a residence since the schools closure-in- 1942. The initial review of this application by the HRAB offered several suggestions to be considered to mitigate impacts on historic resources. Please see the attached letter dated February 26, 2007 which describes the original recommendations of the HRAB. The Applicant returned to the HRAB on April 17, 2007 and obtained their endorsement of the proposed rezoning with the construction of a historic monument to the Greenwood School House. A historical monument has been proffered by the Applicant. The construction will generally conform to the sketch included as part of this application (Exhibit 8). 4) Potential Impacts A. Transportation Traffic Impact Anal The updated TIA prepared for this application was based upon the development of a 12,900 square foot pharmacy 4,000 square feet of Convenience Mart with pumps and an 8,000 square foot bank and evaluated the functionality of the Greenwood Road and Senseny Road intersection, the intersection of Orrick Drive and Senseny Road, and the site entrances. It was projected that the background traffic, in addition to the traffic generated by the proposed rezoning, would degrade the intersection. Transportation Program. The Applicant's transportation program seeks to address the impacts identified in the TIA. Careful consideration should be given to the transportation impacts of the request as they pertain to Greenwood Road and its intersection with Senseny Road and the Orrick intersection. Overall, the function of the intersections and the level of service is significantly improved. This is achieved through a combination of intersection improvements, roadway improvements, and the location of the site's connections to Greenwood Road and Senseny Road. The Applicant's transportation program provides for the construction of improvements to Route 656, Greenwood Road, and Route 657, Senseny Road, across both road frontages of the property. This is to include right -of way dedication and construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. As depicted on 0 0 Rezoning 413 -08 — 1932 -1958 Senseny Road January 20, 2008 Page 7 the Generalized Development Plan, the proposed improvements to Senseny Road implement the County's Eastern Road Plan. Access to and from Senseny Road has been restricted to a right -in only entrance with additional median separation as identified on the Generalized Development Plan. A right in right out commercial entrance is proposed on Greenwood Road. The application provides for the site's connection to the Orrick— Senseny Road intersection to occur with the initial development of the property. In relation to this issue and the request in general, the applicant has proffered to provide $25,000.00 for future transportation improvements within the Route 657 and Route 656 right- of -ways. The Applicant has sought to address inter -parcel circulation and access by proffering a fifty foot easement at the southeast corner of the site to allow for access for future redevelopment on the properties to the east of this parcel. Pedestrian accommodations have been provided across the properties' frontages and across Senseny Road. The provision of pedestrian accommodations at the Orrick entrance to the site and across Senseny Road in this location should be clarified. B. Design Standards Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance and the sensitive integration of the project into the surrounding community. Signage, landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Such design elements should seek to exceed those provided on other similar developments (Orrick Commons) to ensure that this project tits in with the surroundings and context of this particular location. The above could be done in context with the historical character of the property and could also recognize the location as a potential neighborhood center. B. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. The Applicant has proffered a monetary contribution in the amount $5,000.00 for impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue Company. Previously, this amount was $1,000.00. 5) Proffer Statement — Dated July 2, 2008, Revised October 2, 2008, January , 2008. A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan for the purpose of identifying the general configuration of the proposed commercial development; the location and form of the site access, the location of the proposed pharmacy, the location of the monument to the Greenwood School, the approximate location of inter parcel access easements, and construction improvements to Route 657 and 656. 0 0 Rezoning #13 -08 — 1932 -1958 Senseny Road January 20, 2008 Page 8 B) Land Use The Applicant has proffered the development of up to 30,000 square feet of commercial floor area, including the construction of a 13,225 square foot pharmacy. A five foot sidewalk has been proffered parallel to Senseny and Greenwood Roads. The building is proffered to be constructed using compatible building architectural style and materials and has limited the facades of the building to certain materials. Staff note: A specific design, including building orientation, has not been provided C) Transportation The Applicant has proffered frontage improvements on Route 656, Greenwood Road, and Route 657, Senseny Road, including right -of -way dedication and construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. Access to and from Senseny Road has been provided by a full commercial entrance at the existing signal at Orrick and a restricted right -in only entrance to the west of this signalized intersection. Additional median separation is also provided along Senseny Road as identified on the Generalized Development Plan. A restricted right -in right -out commercial entrance is proposed on Greenwood Road. This entrance also has additional median separation. The Applicant has proffered to provide $25,000.00 for future transportation improvements within the Route 657 and Route 656 right -of -ways. The Applicant has proffered a fifty foot easement at the southeast comer of the site to allow for inter - parcel circulation and access for future redevelopment on the properties to the east of this parcel. D) Community Facilities The Applicant has proffered a monetary contribution in the amount $5,000.00 for impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue Company. E) Historical The Applicant has agreed to construct a monument on the site commemorating the Greenwood School. This monument will be constructed of materials from the original Greenwood School and generally conform to the sketch shown in Exhibit 8 of the rezoning application. STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING: This rezoning application is generally consistentwith the Comprehensive Policy Plan, in particular, the long range transportation elements of the plan. In addition, it would appear as though the impacts associated with this request have been adequately addressed by the Applicant. Rezoning #] 3 -08 — 1932 -1958 Senseny Road January 20, 2008 Page 8 PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/07/09 MEETING Four adjoining property owners spoke during the public comment portion of the hearing. The concerns of the property owners included the types of commercial uses planned for this site, water runoff onto their properties, increased traffic on Greenwood Road, details on the buffer to protect their privacy and safety for neighborhood children, lighting, hours of operation, and the exterior appearance of the pharmacy building. In addition to these issues, the adjoining property owner who lived across the street from the proposed site on Greenwood Road was concerned about vehicle headlights shining into her home and whether the proposed median would restrict her from making a left -hand turn out of her driveway. The applicant responded to the citizens concerns, stating that a pharmacy has been proffered and negotiations are taking place with a bank. He said stormwater management will meet State and County regulations and there will be no runoff onto adjacent properties; traffic flow has been improved with additional lanes, signalization, pedestrian crossing facilities, and execution of the County's Eastern Road Plan, particularly on Senseny and Greenwood Roads. The applicant described the proposed distance and landscaped buffer, containing a six -foot high opaque fence. In addition, he discussed the following: installation of dark -sky compliant pole lights and submission of a photometric plan; the design of the median on Greenwood Road, which will be extended as far south as possible and still allow the adjoining property owner across the street the ability to go northbound; the appearance of the pharmacy structure; and the hours of operation. Commission members asked the applicant about the possibility of eliminating uses that could potentially be noisy or cause a nuisance to the neighbors, particularly car washes. The applicant did not think there would be a problem eliminating the car wash use. Commission members also wanted to be sure that the adjoining property owner on Greenwood Road would be able to make a left -hand turn out of her driveway. Otherwise, the Commission was satisfied with the applicant's proposal for this site. PC RECOMENDATION FOR 01/28/09 BOARD OF SUPERVISORS MEETING: The Planning Commission unanimously recommended approval of the rezoning application with proffers for a commercial project including a pharmacy on this site and the elimination of car washes. The Applicant provided a modification to the Proffer Statement dated January 21, 2008 which eliminated Car Washes as a permitted use. In addition, the applicant added a sentence to Proffer 9, which clarified initial access to the site via the existing signal on Senseny Road prior to the issuance of the first Certificate of Occupancy. 1932 - 1958 Senseny Rd Rezoning •` REZ #13 -08 ~` J PINS: 55 -A- 196, 65A- 2 -1, 65A- 2 - 1 - 2, J 65A- 2- 1- 3,65A- 2- 1- 4,65A -2 -1 -5 t �R I rft ss77 �� - V- SENTEN -RD amass. uu e wo�at an n p a rxurtwczw.w n3 P9 as i N 0 ■ 75 ■ ass . ®%,Future Rt3)Dypmaa Zoning C. AH (industrial, General I ide . En REZ1308 1932 1958SensenyRd : 1 ED (Business, Neighborhood District) 40, MHI (Mobile Home Cormorant Buildings - B2 (Business, General District) - MS(Medicel Support Di,oirU an_.1 Urban Developmem Area • B3(Bnsmess, Industrial Trunsirion District) R4 (Residential Planned Comm • 0%0 SWSA ®EM(ExlracfiveMenufecturing District) -RS(Reeidential Recremimmic. • — HC (Higher Education District) CD RA (Rural Area District) --- .. ® MI (industrial, Light District) RP(Residential PerformaneeD 150 300 Feet Map 0, ..i l er,i (F l 1 L, ai Paasi2018A1 3 n u 191 L > ) Ro_ Pi ' s +Ik3 120f ,8 mx ) 1 /5/2009 - 1 i 9 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be compieled by Planning ling Amendment Number I Iearing Date Pee Amount Paid S la V412, Ov Date Received J 1305 Hearing Date J _ 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: Lrvm --y Telephone: a9 '9179 Address: 1�' &A2(2 ICY• _ -- 101nc- Hestr—r \PA aa1Qo! • 2. Property Owner (if different than above) Name: See CLf'a(bed _ Telephone: Address: 3. Contact person if other than above Name: M( OhYI eWlc _Telephone: W-5`7CI3 6nter -1m s 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement _ Verification of taxes paid Proffer Statement . to f d U L NOV 2 6 2008 ' L. J .. C , 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: ( � YV 1l1 D-CV, lop Iwle" t CVS Pha-rma 6. A) Current Use of the Property: Re- 8) Proposed Use of the Property: Ba 7. Adjoining Property: PARCEL TD NUNil3ER USE ZONING • - -- Sea 0.1 FQGYIe -� 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): Cr(e oc�l toad 2wt tom sau s + q�ac� rrn rr+ 0 11 • C� • 9. The following inrormation should be provided according to the type of rezoning proposed : Number of Units Proposed E Single Family homes: Townhome: Multi - Family: Non - Residential Lots: Mobile Home: Hotel Rooms: S care Footage of Proposed Uses Office: Service Station: Retail: 3 S a S s Manufacturing: Re9taurantf _ Warehouse: _ Other: l0. Signature: 1 (we), the undersigned, do hereby respectfully make application and petition the Frederick County Fsoard 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 Illy (our) knowledge. C � Applicant(s): -- FOY' V I Owner(s): ct ate,-. Date: )0/ � Date: Date: _ /e/�m8 Date: ib- la�(�S i °�allofi' Aoka/VRJ ,V /,iZ /U E Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: t� °ivtir.ca.fr a 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 By Those Present: That I (We) (Nance) ':-ondro LOVe (Phone) 5 TV-9(Oq ' 153D (Addiess) U - r o! ko the ownei(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by ;OO(0 — I82 /iOSr Instrument No. OUto on Page and is described as 2 fob Parcel: / 9(e Lot: _p Block 55 Section: Subdivision: do hereby make, constitute and appoint: ( Name) P wit r - Lip v, S 540 - (o12��_�Z�f� ( Address) I I Lerkai' UCC(fK Urcide bu;t(f 1A), uvir)(- S U�a l I'o 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 plannhig applications for my (our) above described Property, including: `" i°III01 "'lo, Rezoning (including proffers) 9 � ...... (q es, Conditional Use Permit O Master Development Plait (Preliminary and Final) 5 f� COMMONMALTH ''. ; = Subdivision OF MRGINK _ — COMMISSION _ ' Site Plan . 353426 Variance or Appeal ' ' - o ' 3caooq.' Comprehensive Policy Plow Amendment " / NIIIOtS ""Lyitorncy- hrfact shatt have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this); day of O 699 , 200 J Signaturc(s) Statc of Virginia, City /County of ! FA(OAs (- — , To -wit O-4W(51-t LC o1-5ai�__ , a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing instrument pens gnally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this2 clay ofoeFpg6fflt20�, � My Commission Expires: - _IJ�Al. 3 I oaiyPublic, Revised 3/17108 by deed recorded in 0 0 Special Limited Power of Attorney County of Frederick, Virginia Ft Web Site: sace'ti Department of Planning & Development, County of Frederick, Virginia, I07 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540 -665 -6395 Phone 540 -665 -5651 Know All Men By Those Present: That I (We) (Naire) hlP_ lYd:fi ° 5hwlekMcvn (Phone) 54b -(Dina • `d51I (Address) I`1 Z!C Se the owner(s) of all those tracts o' parcels of land ( "Propery =") conveyed to me the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by X99 !7Y Instrument No. 1 /51 Oil Page FO 7 and is described as -1 — ! — a 6sa Parcel: _3_ Lot BAk: ( OSA Section: Subdivision: do hereby make, constitute and appoint: (Name) Phii r W — Lf Is F ( C mione) 540 ' � (Address) l.edor Creek Cirride, Suite 000 - 1'0 act as my true and lawful attorney -in -fact for aiid in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to fife planning applications for my (our) above described Property, including: / --- a,�•�,__ - t! Rczoiiing (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) 1 ' rlsslo" J Subdivision _ rF caaMOV�a 2 °_ _ Site Plan -° ° IN l� Variance or Appeal '. COMMISSION - , _ /353426 '_ Comprehensive Policy Plan Amendment if / /� ZIA i�a ��ney -i -fact shatt have the authority to offer proffered conditions and to make amendments to / / / / /in miltnVlously rppl'oved proffered conditions except as follows: This authorization shall expire one year from the day it is signeCI, Cr until it is otherwise rcscindcd or modified. I n witness thereof, I (we) have hereto set my (our) hand and seal this d ay of6 CTLBF -'2 , 2002 , State of Virginia, City /County of FA tkFA (- _, To -wit: I, _('-fK TT A(C _ I� tL ,1CAJ a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing instrument pers�nahy' appeared before me and has acknowledged the same before mein thejurisdiction aforesaid this lay ofecr08be-, 200 q �[ My Commission Lspires: __ �fFn 3i� a 7 00 No ary public Revised 3117108 (us), by deed recorded in 0 a Special Limited Power of !Attorney County of Frederick, Virginia Frederick Planning Web Site: rvc tt.co Department of Planning & Development, County otPrederick, Virginia, 107 Nortli Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540- 665 -5651 Know All Men By Those Present: That I (We) (Name) FI"GY Uio Ank soh 1= (Phone) O � (9 x-9 (Address) I`I`a f s�YlSeYl�l k-'d UrCkkPlIrr VI-1 'L� c�, A the ownei(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in flit Clerks Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. G s3 on Page %;t g and is described as i - a Parcel: Lot: Black (0 � ection: Subdivision: CIO hereby make, constitute and appoint: (Name) 1 � � �S.� � Le- IN/ � F ( (PItOIIe) ��V 1LLd (Address)6 I ("PC I' L Urcic. �DU;J(f UU, W 1)(-r) j - r -VA J�?(�Ddj 7'o act as my title and lawful attorney -in -fact for and in my (our) name, place, and stead with lull poiwcr and authority I (we) would have if acting personally to file planning applications for my (our) above "described Property, including: Vill Rezoning (including proffers) Conditional Use Permit S Master Development Plan (P,reliminary and Final) j 1F COMMONW¢gFIH '°,' Subdivision OF VIRGINIA COMMISSION ' - Site Plan . 3e 3420 Variance or Appeal i °!.3i.200a,.' Comprehensive Policy Plan Amendment �� -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 rescinder) or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this�� lay of C -Ie , 2008_. Siguature(s) 111)� � - State of Vhginia, City /County of �e� _ To -wit: I, _ od1 5 z"IE_ ---- V n4 � ll , a Notary Public in and for the jurisdiction aforesaid, certify that the peison(s) wlio signed to the foregoing instrument personally appeared before me and has acknowledged the saute before me in thejurisdiction aforesaid thi4 clay of d(�fde, 200 8 . -�✓ -�- �" 6Jd — My Commission Expires: Notary Public Revised 3/17105 Special Limited Posher of Attorney County of Frederick, Virginia lrrederick Planning Web Site: 77 vcv.co Department of Planning SG Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540 -665 -6395 Phone 540. 665 -5651 Know All ivlen By Those Present: That I (We (Nance) I GbnaO e. Sf (Phone) S — SqS—FlZl (Address) Iq�B 5eflsen� (d. Wi nch� cr, VA as - � the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the Clerk's Office Of tile Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page and is described as Parcel: Lot: Block: - Section: Subdivision: do hereby make, constitute and appoint: (Maine) PC1„i I / S 1 (Phone) s(J " '� (Address) �reeh Gr Cl��e� SU'te �, ��lil'1Gh�J1eY J'�?6D 'I o 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) \� MM�5510�„. SQ% Conditional Use Pei'I77it a G, cc Fes'. Master Development Plan (Preliminary and Final) :4 COMM EKTH ` = Subdivision OF"PC = COMMISSON Site Plan _ x 353496 ? Variance or Appeal °j 31.200 Comprehensive Policy Plan Amendment �'1y'Nwu omll " -in -fact shall have the authority to offer proffered conditions all([ 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 otltcrwise rescinded or mollified. &J In witness thereof, I Signatures) have hereto set my ( ur) hand anti seal this � �ay of _ la 200 vP State of Virghtia, City /County of 4F& k PAX To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument perspnally appeared hefore me and has acknowledged the same ` before file in tile jurisdiction aforesaid thi�f biy of6 [ W 2008 . �c}utiq, -- r�� ___- __ -- -- My Commissio❑ Icxpires: _ _Tltnl._ 3;i, o70Q ° I Notary Public Revised 3/17/08 r 0 Property Owner - 1932 -1958 Senseny Road Rezoning • Property Owner Name Address Name: Sandra Love 503 Old Kitchen Road White Post, VA 22663 Name: Kenneth & Shirley Mason 1930 Senseny Road Winchester, VA 22602 Name: Franklin B. Anderson 1948 Senseny Road Winchester, VA 22602 Name: Donald E. Straus 1958 Senseny Road Winchester, VA 22602 • 0 ti 1932 -1958 Senseny Road Rezoning Application - #7 Adjoining Property • Map No. Ex. Use Ex. Zoning_ -2 -1 -6 Residential RP -3 -39 r Residential RP -3 -44 Residential RP -3 -46 Residential RP 65A -3 -48 Residential RP 65A -3 -50 Residential RP 65A -3 -52 Residential RP 65A -7 -7 Residential RP 65A -7 -8 Residential BS 55 -A -197 Commercial B2 55 -A -198 Commercial B2 55 -A -197 Residential RA 55- A -201A Commercial B2 55 -A -201 B Commercial B2 • L Adjoining Property Owners - 1932 -1958 Senseny Road Rezoning • 0 Name and Property Identification Number Address Name: Orrick Cemetery Company, Inc. 501 S. Braddock Street c/o R.W. Burks Admin. Winchester, VA 22601 Property # 55 -A -201 Name: Orrick Cemetery Company, Inc. 501 S. Braddock Street c/o R.W. Burks Admin. Winchester, VA 22601 Property # 55 -A -20B Name: Stafford, Timothy V. & Mary McHale 8705 C Street Property # 55 -A -197 Chesapeake Beach, VA 20732 Name: Green Sen, LLC c/o Greenwood Grocery 1893 Senseny Road Property # 55 -A -198 Winchester, VA 22602 Name: TCG Management, LLC 847 Lake St. Clair Property # 55 -A -194 Winchester, VA 22603 Name: Stafford Timothy V. & Mary McHale 8705 C Street Property # 65A -7 -8 Chesapeake Beach, VA 20732 Name:Kerns, Kathy S. 918 Greenwood Road Property # 65A -7 -7 Winchester, VA 22602 Name: Shields, Robert J. & Carolyn L. 927 Greenwood Road Property # 65A -3 -39 Winchester, VA 22602 Name: Gum, David C. Jr. & Paige E. 3026 Woodside Road Property # 65A -3 -44 Clearbrook, VA 22624 �_.__ �___.._ Michael ,. ,.i Nanse:.Dorgaii, Mic iael�. IOPP CenSev R,.ad r Property # 65A -2 -1 -6 Winchester, VA 22602 Name: Casey, Charles H. 775 Fox Drive Property # 65A -3 -46 Winchester, VA 22603 Name: Russell, Robert W. & Kristina S. 109 Greenwood Avenue Property # 65A -3 -48 Winchester, VA 22602 Name: Whetzel, William A. Sr. & Angela L. 111 Greenwood Avenue Property # 65A -3 -50 Winchester, VA 22602 Name: Gochenour, Jeffrey R. 113 Greenwood Avenue Property # 65A -3 -52 Winchester, VA 22602 14 0 CITY OF WINCHESTER O 5 yd° / 0 S W F- Wi _s 1932 -1958 SENSENY ROAD REZONING FREDERICK COUNTY, VIRGINIA SCALE: 1`2000' DRAWN BY: RED DATE: 04 -09 -08 JOB #08D3015 REVISED: PAINTER- LEWIS, P.L.C. WINCHESTER, VIRGINIA VICINITY MAP use: commercial II ` ° " °"' "" 2 V Commercial V / Stafford, Timothy O TM# 55 A 197 / ? Z W L _ _ Zoned: RA Z LILT Use: Residential 0 M Z - - -- \ \l -\ ' - / Lv O W Orrick Cemetery Company, Inc. w J TM# 55 A 201A / W 00 Zoned: B2 / I Lin U Eu se: Commercial /Residential / LJ l l�l I Z Company, Inc. Orrick Cemetery Com _ _ / a \ � \ ` ggy � -'mot � = / ,/ / TM# 55 A 201 B w d W � \ - Zoned: B2 r .. .. 0 .....T�� Use: Commercial /Residential O ....................... ............... ° ^ N � SPndrP ,a v II I TM #:55 A 19S . / .: .../ .. :. :. II Zoned: ":RP .:::......::..$.:..:.,, /........ ��. IIIIIIIIII+ I ........ ... Use:.- R. esLdentiPl .'.".- ................ o....a;. rq ........ ra ti a r / n N II 1 I f.'.'.'.'.': .':::... '.'.'.'. ". ". .'.'.'.'.': .4 .... �.'.'.'. .'.'.'::::.'::.'. Y'.'....... � I I I TOTAL B2, � 3 73 :ACRES �" :1. rem a / ' - ., • Kerns, Kathy 5. I I 1 / r>� ..'Jy c `° .c l t H y l'. rq.'. m (/l N `t73 TM# 65A 7 7� 44 / I ..".rti~ d: / 4 b D. // c tea. P. '/ .c°� ® C N Zoned: RP I.I S I o �..c � .0, Use: Residential__.— ELI I -- .. ..�.� w1`/° .00QD.y °'w� o ._ CD J �„`_ \.( /( .'g ./ ..;.;�� f .o, .o / o,o�D'y a' `r 0 a ................ _....: / /� �. ..7 I .'.'�. A' ai la v � 1 � u� I Shields, Robert J. & Carolyn L. - W I I I TM# 65A 3 39 Zoned: RP a° / v, -+., o i r"i1 t E o II Use: Residential _ _ q y v .o / z / o `` " "' o a m .. ........ . tn y o / o+ U C H Li E PROPERTY REZONING TABLE 3 ,.� o / w O� 5 moc a: / Q. D / �h .o h h D.h EXISTING PROPOSED PROPOSED TAX MAP I.D. PARCEL AREA PARCEL AREA B2 ZONING o 'k 0 / o w� 55 A 196 1.62 acres 1.61 acres 1.61 acres I I I I I a, - 0 .. 65A 2 1 0.47 acres 0.45 acres 0.45 acres _ _ _ �{ I I I / / / / / v , ykN / O 65A 2 1 2 0.45 acres 0.39 acres 0.39 acres 11 I / / H o m 1 Z K 65A 2 1 3 0.46 acres 0.47 acres 0.47 acres I I II / 3 cs /I B w 65A 2 1 4 w 0.46 acres 0.39 acres 0.39 acres I 65A 2 1 5 0.47 acres 0.42 acres 0.42 acres I I I I _ _ - - - _ / z U TOTAL AREAS: 3.93 ACRES 3.73 ACRES± 3.73 ACRES O Z U w TOTAL DEDICATED R.O.W.: 0.20 ACRES± I I - - � I I SURVEY: C.I.: NA NA • II I I DRAWN BY: JOB NO.: I I RED 0803015 100 0 100 SCALE: DATE: 1 100.0' 04/09/08 I =,:�. �� COMMERCIAL ENTRANCE TRAFFIC SIGNAL ALTERATION EXISTING RESDENTIAL LOTS 2a R -O -W DEDICATION THRU /RIGHT TURN LAN RAISED MEDIAN I 1 7 I `! APPROXIMATE ONUMENT LO C A TION­ SENSEW ROND - STATE ROUTE 857 i J J J J to R -O -W DEDICATION u 1\ THRU AND RIGHT I TURN LANES RAISED MEDIAN PHARMACY O i 4 RIGHT -IN ONLY .ACCESS.- -. O nINTERPARCEL ACCESS EASEMENT \ \ RIGHT. -IN /RIGHT -OUT ACCESS � EXISTING RESIDENTIAL LOTS i EXISTING RESIDENTIAL LOTS O SIDEWALK O INTERPARCEL ACCESS EASEMENT \- 50' CAT. "B" BUFFER 25' INACTIVE BUFFER 25' ACTIVE BUFFER FULL SCREEN EXISTING RESIDENTIAL LOTS 60' 1 0' 60' 1' = 60 ft II U cn CC W >- Z I W J w N z W �w a Ly N W U O ? W M W U N C.I.: r N/A DRAWN BY: JOB NO.: M Z W Q DATE- rn 10/02/08 D W W p CC W LL Z U W w 0 0 O d a 0 O N E a (p N m 0 V G O � c N 3 N N ��� o � 7 " B - (D a ) C) L c E o o a) N U U V V z s w IL II U cn z [if I J w �w z� O ? U SURVEY: C.I.: N/A N/A DRAWN BY: JOB NO.: RED 0803015 SCALE: DATE- 1 " =60.0' 10/02/08 �- Drawing: p GDP I 0�/!/'�/,', Y. SJ Pb o( O pbr 0 417'x* 3 "GIGH "t 423 O 1 AGILE RADIUS FROM CENTER OF SITE '-" 411 T 1 K I bnb 472 GREENWOOD UNITED METHODIST I 413 HOUSE, RT 656 O 414 TAYLOR, SYLVIE HOUSE r7 415 T BAKER HOUSE 416 7 GAYLORD DAWSON HOUSE I\ 417 CARPER, JOHN HOUSE ** m 418 l HOUSE, RT 657 AT RD 1213 - 419 AMBROSE HOUSE _ — 420 CARMEN HOUSE ** - - -- 421 i GREENWOOD SCHOOL" 422 I- HOUSE, RT 657 a 423 BRAITHWAITE HOUSE 1136 KEYSER — EDMONSON HOUSE ** N 1148 BROOKLAND ** 1151 FORD— BRAITHWAITE ** 1152 _ OUTBUILDINGS, RT. 657 A ®A 0 NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT SITE AS DENOTED BY THE RURAL LANDMARKS SURVEY REPORT OF FREDERICK COUNTY I i 1200 0 1200 I Scale 1" = 1200 ft ow Q> ZW dZ LdV) p mz 0- U) C O J J L>LJ 00 Q U W� U0 0 � oO LLJ Z I � LLJ w O Ld J O N U) Z Z J W W z� o L ? C. I.: DRAWN BY: JOB NO.: RED 0803015 SCALE: DATE: 1" =1200' 05/1 SHEET: EX 3 O r7 U co I\ 0) m V) N 1 j a N N L � A ®A 0 O 0 o t °- g Y g Y v Lo ee� N N o w LL. L: U ° o 'E o C3 m s N a 0 .. Lu p t N U N U U C � O 1i z r W ® DD 1 4 L& U) Z Z J W W z� o L ? C. I.: DRAWN BY: JOB NO.: RED 0803015 SCALE: DATE: 1" =1200' 05/1 SHEET: EX 3 0 6 REZONING APPLICATION #13 -08 1932 -1958 SENSENY ROAD Staff Report for the Planning Commission Prepared: December 22, 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 where relevant throughout this staff report. Action Pending Pending PROPOSAL To rezone 3.93 acres from RP (Residential Performance) District to B2 (Business General) with proffers. LOCATION The properties are located in the southeastern quadrant of the intersection at Senseny Road (Route 657) and Greenwood Road (Route 656). MAGISTERIAL DISTRICT Red Bud PROPERTY ID NUMBERS 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A -2 -1 -4 and 65A -2 -1 -5 PROPERTY ZONING RP (Residential Performance) PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: Reviewed Planning Commission: 01/07/09 Board of Supervisors: 01/28/09 Action Pending Pending PROPOSAL To rezone 3.93 acres from RP (Residential Performance) District to B2 (Business General) with proffers. LOCATION The properties are located in the southeastern quadrant of the intersection at Senseny Road (Route 657) and Greenwood Road (Route 656). MAGISTERIAL DISTRICT Red Bud PROPERTY ID NUMBERS 55 -A -196, 65A -2 -1, 65A- 2 -1 -2, 65A- 2 -1 -3, 65A -2 -1 -4 and 65A -2 -1 -5 PROPERTY ZONING RP (Residential Performance) PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) Use: Retail South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Use: Residential PROPOSED USES Commercial uses including a Pharmacy. ! • Rezoning 413 -08 —1932 -1958 Senseny Road December 22, 2008 Page 2 REVIEW EVALUATIONS: Virl4inia Department of Transportation: Email dated November 19,2008: This email serves as a follow -up to our on -site meeting on November 5, 2008 to discuss the right turn lane off Senseny Road into CVS. Based on this meeting, VDOT is in agreement that the outer lane of the urban four lane divided road section can be used as a shared thru and right turn lane for this development. This decision was made after discussions of modifying the western entrance on Senseny to a right in only and altering the design so this movement is more channelized and unobstructed. Please note, this eliminates previous rezoning comment of requiring additional right -of -way for a dedicated right turn lane. Email dated 10/27/08: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Ervin 1932 -1958 Senseny Road Proffer Statement dated July 2, 2008 address transportation concerns associated with this request. We offer the following: 1) The County's Eastern Road Plan calls for Senseny Road to be an urban four lane, divided road section (two thru lanes in each direction with median /center left turn lane). Development plan as shown only provides one thru, as the outer lane is a right turn lane as required by VDOT design standards. Additional right-of-way will be required at right turn lane(s). 2) Extend Senseny Road median to Orrick Commons intersection. 3) The County's Eastern Road Plan calls for Greenwood Road to be an urban four lane, divided road section (two thru lanes in each direction with median/center left turn lane). Development plan as shown only provides one thru, as the outer lane is a right turn lane. Development needs to provide additional right -of -way dedication to accommodate future road section and right turn lane, 4) Sidewalk is shown off right -of -way and as such will not be maintained by VDOT. 5) Easements should be provided for inter - parcel connectivity to adjoining parcels. Fire Marshall: Plan approval recommended. Department of Public Works: 1. Refer to A. Site Suitability, page 1: We concur with your statement that the proposed sites are suited for rezoning to the Business General District. Based on the proposed development plan, we anticipate that all of the existing single family dwellings and associated accessory buildings will be demolished. A note should be added to the site plan to indicate that asbestos inspections and demolition permits will be required prior to demolishing these structures. 2. Refer to F. Drainage, page 5: Drainage will be a big concern for the proposed site development. Every effort should be made to divert drainage away from the residential dwellings located behind and to the south of the proposed development. It should be noted that the Department of Conservation and Recreation will require the implementation of best management practices (BMP) to manage storm runoff. The design of the stormwater management facilities should include an evaluation of an existing culvert which crosses under Senseny Road and connects to the stormwater system associated with the Orrick Commons development. It appears that this culvert is located in front of parcel 65 -A -214 and could possibly be used as a discharge point for a future BMP. Frederick- Winchester Service Authority: No comments. Sanitation Authority Department: The Authority has sufficient sewer and water capacity to serve this site. 0 0 Rezoning #13-08 — 1932 -1958 Senseny Road December 22, 2008 Page 3 Health Department: The Health Department has no objection to plans for this site. It appears public water and sewer will be utilized. If any wells or septic systems are found, please contact the Health Department for proper abandonment. Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan_ should not impact operations at the Winchester Regional Airport. Frederick County Public Schools: We offer no comments. Frederick County Attorney Comments: It is my opinion that the revised Proffer Statement dated October 14, 2008 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: 1. Proffer 1 (GDP) — This states that the applicant proffers the GDP for the purpose of identifying, among other things, "the location of the principal site access ". As such, staff should be aware that Proffer 1 speaks only to the location of "principal" site access and does not actually limit additional access to the site nor, for that matter, does it limit the type of access (e.g., whether one or more entrances are to be right -in, right -out) at any location where access other than "principal" access might be included. 2. Proffer 4 (Maximum Floor Area) — Staff should be aware that the applicant is only proffering a possible building square footage limitation and is not proffering to exclude any particular 132 uses of the site. Therefore, the rezoning, if approved, would allow the site to be used for any 132 use, with the only practical use limitation being what use(s) could be fit within the particular site, which is approximately 3.93 acres in size and fairly elongated in shape. Along related lines, I would note that the GDP, unlike some of the other items included as information in the draft rezoning package, does not actually identify the structure(s) to be built, or even building footprint(s) /location(s). Also, the provision concerning allowance of greater building square footage lacks specificity as to what if any further square footage limit would apply upon the requisite TIA finding. Staff should be aware as well that any such TIA would be conducted by a consultant of the applicant's choosing, with no apparent role for the County to address the results of the TIA. 3. Proffer 7 (Historical Monument) — The proffer does not state a deadline by which the applicant shall complete construction of the monument. 4. Proffer 10 (Pedestrian Crossing of Senseny Road) — The proffer does not state who will make the determination that the crossing is required, how the determination will be made, whether the determination must be made within a particular time frame and the time frame within which the applicant must complete the improvement following a determination of its necessity. Planning Department: Please see attached Memorandum dated September 4, 2008, fromMichael T. Ruddy, AICP, Deputy Planner. Planning & Zoning: 1) Site History In 2007, a portion of the property for which this rezoning being requested was subject to rezoning application RZ #11 -07. This was a request to rezone 2.2 acres from RP to B2 with proffers for a pharmacy. Ultimately, this application was denied by the Board of Supervisors. 0 0 Rezoning #13 -08 — 1932 -1958 Senseny Road December 22, 2008 Page 4 Transportation concerns were identified as a significant issue at that time. Most specifically, the impacts of the site's traffic and circulation on the intersection of Senseny Road and Greenwood Road and particularly the left turn movement onto westbound Senseny Road. This movement was identified as creating a stacking issue that would negatively impact Greenwood Road. This current request differs from the original request in that three additional properties have been added to the application which provides the ability for the project to access Senseny Road at the existing signalized intersection of Orrick Commons. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being rezoned from A -2 (Agricultural General) to R -3 (Residential) with rezoning application 018 -78. Subsequently, the residential zoning classifications were consolidated into the RP (Residential Performance) zoning district, the zoning which the property currently retains. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservatien, 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 -1J Land Use The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6 -72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection, developing the south eastern portion of the intersection for neighborhood commercial development, if done in a compatible manner, would be consistent with the Comprehensive Policy Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. Recently, The Frederick County Board of Supervisors approved the land use proposal for the urban areas of the County. This alternative form of land use provides a desirable choice for properties located within areas identified as potential neighborhood villages and urban centers. Rezoning #13 -08 — 1932 -1958 Senseny Road December 22, 2008 Page 5 This property is located in an area designated as a potential neighborhood village. Staff has encouraged this applications' consideration of the neighborhood village concept and the principles of new urbanism to the greatest extent practical. However, this is a not a requirement of the Comprehensive Plan, rather a choice that may be utilized by the applicant when considering the future development of a property. Regardless of the above comment, this property is located in a developing area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are considered. The general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types, need to be followed. Given the lack of details concerning the physical construction of the property, the County should be confident that the commercial use of this property will be complementary with area and adjacent residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an improved major collector. This translates to a four -lane divided urban section, such as is being implemented with Warrior Drive within the Wakeland Manor development. The idealized intersection design in the Comprehensive Plan (6 -15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right -of -way, and sidewalks. Greenwood Road adjacent to this property is designated as an improved minor collector road. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. The applicant is implementing the Eastern Road Plan. On Senseny Road, an additional lane is being provided, as is a raised median across the frontage of the property providing additional access management. Greenwood Road is being improved to the standard identified in the Eastern Road Plan. Site Access and design. Access to the site is proposed via a full commercial entrance at the signalized intersection of the entrance to Orrick Commons on Senseny Road, and an additional right -in only entrance on Senseny Road. This additional restricted movement on Senseny Road is further promoted with the construction of a raised median that extends from Greenwood Road to the Orrick Commons intersection at the eastern edge of the property. A controlled right -in right -out entrance on Greenwood Road is also proposed. This entrance is also further controlled by a raised median within Greenwood Road. Several access concerns that were evident in the original rezoning appear to have been addressed in this new application. The connection to the existing Orrick signal on Senseny Road provides the ability to exit the site directly to Senseny Road rather than having all of the westbound Senseny Road traffic exit via the commercial entrance on Greenwood Road at the southern most point of their property. As noted elsewhere in this report, there was limited ability to accommodate a critical left turn westbound movement on northbound Greenwood Road at its intersection with Senseny Road. As a result, this had the potential to block access to Rezoning #13 -08 — 1932 -1958 Senseny Road December 22, 2008 Page 6 the property from southbound Greenwood Road. This issue was highlighted by VDOT and Staff during their review of the TIA and by the Planning Commission. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The property is the site of the historical Greenwood School House (DHR #34 -421), one of only a few schools constructed of formed rusticated concrete block. Some other attributes of the school included a bell tower that sat on the roof as well as serving as a public school in the "Modern Expansion Era." The site has been used as a residence since the schools closure in 1942. The initial review of this application by the HRAB offered several suggestions to be considered to mitigate impacts on historic resources. Please see the attached letter dated February 26, 2007 which describes the original recommendations of the HRAB. The Applicant returned to the HRAB on April 17, 2007 and obtained their endorsement of the proposed rezoning with the construction of a historic monument to the Greenwood School House. A historical monument has been proffered by the Applicant. The construction will generally conform to the sketch included as part of this application (Exhibit 8). 4) Potential Impacts A. Transportation Traffic Impact Analysis. The updated TIA prepared for this application was based upon the development of a 12,900 square foot pharmacy, 4,000 square feet of Convenience Mart wiih pumps and an 8,000 square foot bank and evaluated the functionality of the Greenwood Road and Senseny Road intersection, the intersection of Orrick Drive and Senseny Road, and the site entrances. It was projected that the background traffic, in addition to the traffic generated by the proposed rezoning, would degrade the intersection. Transportation Program. The Applicant's transportation program seeks to address the impacts identified in the TIA. Careful consideration should be given to the transportation impacts of the request as they pertain to Greenwood Road and its intersection with Senseny Road and the Orrick intersection. Overall, the function of the intersections and the level of service is significantly improved. This is achieved through a combination of intersection improvements, roadway improvements, and the location of the site's connections to Greenwood Road and Senseny Road. The Applicant's transportation program provides for the construction of improvements to Route 656, Greenwood Road, and Route 657, Senseny Road, across both road frontages of the property. This is to include right -of -way dedication and construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. As depicted on • Rezoning 913 -08 — 1932 -1958 Senseny Road December 22, 2008 Page 7 the Generalized Development Plan, the proposed improvements to Senseny Road implement the County's Eastern Road Plan. Access to and from Senseny Road has been restricted to a right -in only entrance with additional median separation as identified on the Generalized Development Plan. A right in right out commercial entrance is proposed on Greenwood Road. The application provides for the site's connection to the Orrick— Senseny Road intersection to occur with the initial development of the property. In relation to this issue and the request in general, the applicant has proffered to provide $25,000.00 for future transportation improvements within the Route 657 and Route 656 right - of -ways. The Applicant has sought to address inter - parcel circulation and access by proffering a fifty foot easement at the southeast corner of the site to allow for access for future redevelopment on the properties to the east of this parcel. Pedestrian accommodations have been provided across the properties' frontages and across Senseny Road. The provision of pedestrian accommodations at the Orrick entrance to the site and across Senseny Road in this location should be clarified. B. Design Standards Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance and the sensitive integration of the project into the surrounding community. Signage, landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Such design elements should seek to exceed those provided on other similar developments (Orrick Commons) to ensure that this project fits in with the surroundings and context of this particular location. The above could be done in context with the historical character of the property and could also recognize the location as a potential neighborhood center. B. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. The Applicant has proffered a monetary contribution in the amount $5,000.00 for impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue Company. Previously, this amount was $1,000.00. 5) Proffer Statement — Dated July 2, 2008, Revised October 2, 2008 A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan for the purpose of identifying the general configuration of the proposed commercial development; the location and form of the site access, the location of the proposed pharmacy, the location of the monument to the Greenwood School, the approximate location of inter parcel access easements, and construction improvements to Route 657 and 656. 0 • Rezoning #13 -08 — 1932 -1958 Senseny Road December 22, 2008 Page 8 B) Land Use The Applicant has proffered the development of up to 30,000 square feet of commercial floor area, including the construction of a 13,225 square foot pharmacy. A five foot sidewalk has been proffered parallel to Senseny and Greenwood Roads. The building is proffered to be constructed using compatible building architectural style and materials and has limited the facades of the building to certain materials. Staff note: A specific design, including building orientation, has not been provided. C) Transportation The Applicant has proffered frontage improvements on Route 656, Greenwood Road, and Route 657, Senseny Road, including right -of -way dedication and construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. Access to and from Senseny Road has been provided by a full commercial entrance at the existing signal at Orrick and a restricted right -in only entrance to the west of this signalized intersection. Additional median separation is also provided along Senseny Road as identified on the Generalized Development Plan. A restricted right -in right -out commercial entrance is proposed on Greenwood Road. This entrance also has additional median separation. The Applicant has proffered to provide $25,000.00 for future transportation improvements within the Route 657 and Route 656 right -of -ways. The Applicant has proffered a fifty foot easement at the southeast corner of the site to allow for inter - parcel circulation and access for future redevelopment on the properties to the east of this parcel. D) Community Facilities The Applicant has proffered a monetary contribution in the amount S5,000.00 for impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue Company. E) Historical The Applicant has agreed to construct a monument on the site commemorating the Greenwood School. This monument will be constructed of materials from the original Greenwood School and generally conform to the sketch shown in Exhibit 8 of the rezoning application. STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING: This rezoning application is generally consistent with the Comprehensive Policy Plan, in particular, the long range transportation elements of the plan. In addition, it would appear as though the impacts associated with this request have been adequately addressed by the Applicant. 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.