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HomeMy WebLinkAbout15-08 Applicationof FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 January 29, 2009 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 415 -08, ADAMS COMMERCIAL CENTER Dear Evan: 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 approved to revise proffers association with Rezoning 402 -05 for 29.10 acres of land zoned B3 (Industrial Transition) District. This revision is intended to remove the previously proffered uses on the site. The property fronts on the west side of Martinsburg Pike (Route I I North), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified with Property Identification Number 44 -A -75. The proffer originally dated April 17, 2008, and last revised on. January 8, 2009, that 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, Candice E. Perkins, AICP Senior Planner CEP /bad Attachment cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Robert Adams, HC 34 Box 30, Bioomery, WV 26817 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 I • 0 REZONING APPLICATION #15 -08 ADAMS COMMERCIAL CENTER Staff Report for the Board of Supervisors Prepared: January 20, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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 Action Planning Commission: 01/07/09 Recommended Approval Board of Supervisors: 01/28/09 Pending PROPOSAL To revise proffers associated with Rezoning #02 -05 for 28.10 acres of land zoned B3 (Industrial Transition). This revision is intended to remove the previously proffered uses on the site. LOCATION The property fronts on the west side of Martinsburg Pike (Route I I North), opposite the intersection with Stephenson Road (Route 664). MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBERS 44 -A -75 PROPERTY ZONING 133 (Industrial Transition) PRESENT USE Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE North: RA (Rural Areas) District Use: Residential South: MI (Light Industrial) District & Use: Residential RA (Rural Areas) District Residential East: RA (Rural Areas) District & Use: Residential B2 (Business General) District Industrial West: B3 (Industrial Transition) District Use: Industrial 1 PROPOSED USES Commercial and Industrial uses as permitted in the B3 District. Rezoning 411 -08 —Adams Commercial Center January 20, 2009 Page 2 REVIEW EVALUATIONS: Virsinia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measureable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Adams Commercial Center Rezoning Application dated August 12, 2008 addresses transportation concerns associated within this request. 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. Frederick Countv Attornev: Please see attached letter dated December 8, 2008 from Roderick B. Williams, CounlyAttorney. Plannine Department: Please see attached letter dated September 11, 2008from Candice E. Perkins, AICP, Senior Planner. PlanninE & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A -2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. In 2004, the Board of Supervisors approved Rezoning #11 -04 which rezoned the property to the B3 (Industrial Transition District) with proffers. On May 13, 2005 the Board of Supervisors approved Rezoning #02 -05 which revised the proffers for the site to modify the proffered uses of the site. 2) Proffer Statement - Dated April 17, 2008; Revised January 8, 2009: Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition in an effort to revise the existing proffered conditions relating to the permitted uses for the property. Specifically this revision removes the previously proffered uses and building square footage cap on the site and prohibits certain uses on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. • • Rezoning # 11 -08 — Adams Commercial Center January 20. 2009 Page 3 A) General Development Plan The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance (Yardmaster Court) and the location of buffers and preservation areas. Staff note: Consistent with previously proffered condition. (Please note thatthe GDP has been revised to remove proposed uses.) B) Vehicle Per Day (VPD) and Land Use Restrictions 1) Conditional Rezoning application #02 -05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7' Edition volumes. The Applicant hereby proffers to restrict development of the 28.10 acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10 acre property should additional development occur on the remaining parcels in the Adams Development not covered by this revised rezoning application. 2) The applicant has proffered to prohibit the following B -3 District land uses on the site: • Amusement and recreational services operated indoors • Automotive dealers and gasoline service stations • Drive -in motion picture theaters • Food Stores • Local and suburban transit and interurban highway passenger transportation • Business associations; membership organizations; and labor unions • Model home sales offices • Motor freight transportation, excluding warehousing and storage • Restaurants • Transportation by air • Transportation services • Truck stops Staff Note: The proffers from Rezoning #01 -05 restricted the uses on the site to office, building materials and lumber stores, wholesale, warehouse, and self - service storage facilities. The proffer also limited the site to 555,000 square feet C) Transportation 1) Direct access to Martinsburg Pike will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10 acre property. Staff note: Consistent with previously proffered condition Rezoning #11 -08 —Adams Commercial Center January 20, 2009 Page 4 2) Turn lane — Martinsburg Pike. The applicant has constructed a right -turn lane deceleration lane at the entrance on Martinsburg Pike. The applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. Staff note: Consistent with previously proffered condition Staff Note: With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U4D). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. 3) Additional Right -of -way Dedication The applicant proffered to dedicate 20 foot of ROW along Martinsburg Pike with the original rezoning. This ROW has been initiated by the applicant through a dedication to the County. Staff note: Consistent with previously proffered condition 4) Corridor Improvements, Signalization The applicant proffers to contribute a share of the cost of signalization improvements in the area of Interstate 81 Exit 321. VDOT will determine the appropriate location for signalization improvements and will determine when warranted. When determined by VDOT, the applicant will enter into a signalization agreement with VDOT and provide a one -time contribution to VDOT based on traffic volume generated by the developed portion of the subject property. Staff note: Consistent with previously proffered condition 5) Corridor Improvements, Bicycle and Pedestrian Facility The applicant has proffered to construct a ten foot asphalt path to be located within the 20 foot green strip identified in proffer F. The path on the northern portion of the entrance shall be completed prior to the issuance of an occupancy permit on the north side and the southern portion shall be completed before any occupancy permits are issued on the southern portion of the site. Staffnote: This is a new proffer, Rezoning #02 -05 did not account for a ten foot path. 6) Right -of -Way Reservation The Applicant proffers to reserve a 50 -foot wide strip of land between Yardmaster Court and tax parcel 44 -1 -D to allow for the construction of a future public street connection by others. Staff note: This is a new proffer added after the Planning Commission Meeting. D) North Buffer The applicant has proffered to utilize a 6' high berm opaque screening option along the north property line. 0 0 Rezoning 411 -08 —Adams Commercial Center January 20, 2009 Page 5 The applicant has proffered to utilize a 6' high berm opaque screening option along the north property line. Staff note: Consistent with previously proffered condition E) South Buffer The applicant has proffered to utilize a 6' tall fence as the opaque screening option along the south property line. Staff note: Consistent with previously proffered condition F) Corridor Appearance Enhancements The applicant has proffered landscape enhancements along Martinsburg Pike (Route 11 N) to include a 20 foot wide green strip, a low -level earth berm, low -lying shrubs and a single row of deciduous flowering trees. See Corridor Appearance Enhancement Exhibit Staff note: Consistent with previously proffered condition — includes the addition of the ten foot asphalt path. G) Monetary Contributions to Offset Impact of Development A monetary contribution of $.015 /building square foot. Staff note: Consistent with previously proffered condition PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/07/09 MEETING The applicant said the property owner had different parties express interest in the property that were not the five specific uses originally proffered, although these uses were still fairly low traffic generators. He said the solution reached with the Planning Staff was instead of simply removing land bay bubbles, the applicant should consider proffering out specific B3 uses that were high traffic generators and provide more flexibility to the site. The applicant said the 4,600 vehicle trips proffered with the original rezoning remains. In addition, a ten -foot hiker /biker trail has been included along the front of the property, along with the opportunity for this property to access Yard Master Court, on the M 1 property immediately to the south, via a 50 -foot right -of -way reservation strip. The applicant read specific language that would be proffered to guarantee the 50 -foot reservation. There were no citizen comments during the public comment portion of the hearing. The Planning Commission believed that even though the revision had opened up the property somewhat, the applicant still had proffered out quite a few of the high- traffic uses for the site. Commission members were pleased with the easement to the south for the 50 -foot right -of -way and the ten -foot bicycle /pedestrian path along the front of the property. The Planning Commission unanimously recommended approval of the rezoning with the revised proffers and GDP (generalized development plan) offered by the applicant and with the addition of a 50 -foot reservation strip with the following associated language: "The applicant hereby proffers to reserve a 50 -foot wide strip of land between Yard Master Court and Tax Parcel 44 -1 -D, the adjoining property, to allow for the construction of a future public street connection by others. The general location of this reservation area shall be provided on the GDP, however, it is recognized that the location can be shifted without the need for conditional zoning approval. All costs associated with Rezoning #11-08 — Adams Commercial Center January 20, 2009 Page 6 establishing the future public street shall be bome by the owner of Tax Parcel 44 -1 -D or by others than the applicant. STAFF CONCLUSIONS FOR 01/07/09 BOARD OF SUPERVISORS MEETING: This is an application to revise the proffers associated with Rezoning #02 -05 for 28.10 acres of land zoned 133 (Industrial Transition). Specifically, this revision removes the previously proffered uses and building square footage cap on the site and includes uses that have been prohibited on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U413). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Adams Commercial Center ReZoning REZ #15 -08 PIN: 44-A- 75 n r 4 llAr, �7 n f ins. FUtam Rt37 Blame; Zoning ® M Undustrial, General District) Applicellan 4r 01 (Business, Neighborhood District) • MR](MUWle Home Community District) Buildings 4 B2 (Business General Disvbt) MS( Medical SupPnrt Wharirt) Urban Dn mea rlopt Area B3(BUrinevs, Industrial Transition Dettict) R!(Rnidential Plavvrtl Community District) 0%.#SWSA - EM(Estractm Menuftcharing District) qi 5mlysideemi Rttreafional Community Dist HE (Higher greener. Indian f\D RA(R..l Arq Dottie[) • MI (industrial. Light Ratner) BY (Residential Performance District) 0 75 150 300 Feet Map bontmenC (F1 l Lo - tO!_MpSCPUUB A': rats Camel r - isl GOnler_RFZI JE 121808 11xdl 11J 13 /940 ° — 0 0 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. Applicant: Name: Greenway Engineering Telephone: 540 -662 -4185 Address: 151 Windy Hill Lane, Winchester, VA 22602 2. Property Owner (if different from above) Name: Adams Development Group, Inc. Robert Adams Telephone: 540 -539 -3599 Address: HC 34 Box 30, Bloomery, WV 26817 3. Contact person if other than above Name: Evan A. Wyatt, AICP Telephone: 540- 662 -4185 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 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: Adams Development Group, Inc. S. ra A) Current Use of the Property: Undeveloped B) Proposed Use of the Property: Industrial Transition Uses Adjoining Property: Please see attached adjoiner information 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): North of the City of Winchester, fronting on the west side of Martinsburg Pike (US Route 11), opposite the intersections with Stephenson Road (Route 664) 0 hiformation to be Submitted for CaDital Facilities ImDact Model 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 or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 44 -A -75 Districts Magisterial: Stonewall High School: James Wood High School Fi;e Service: Clear Brook Middle School: James Wood Middle School Rescue Service: Clear Brook Elementary School: Stonewall Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 28.10 B3 (with proffers) B3 (with revised proffers) Total Acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non - Residential Lots: Office: Self Serve Storage: Lumber Store: Number of Units Proposed Townhome: Mobile Home: Multi- Family Hotel Rooms: Square Footage of Proposed Uses* Wholesale: Warehouse: Other: *Structural square footage is limited for the 28.10± acre area based on a maximum VPD as described in Section B(1) of the proffer statement. 0 Signature: 0 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 bet of my (our) knowledge. Applicant(s): Owner (s): Date: Date: / �� �r Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 - 665 -6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540 -665 -6395 Know All Men By These Presents: That I (We) (Name) Robert C Adams President Adams Development Group (Phone) (540) 539 -3599 (Address) HC 34 Box 30 Bloomerv, WV 26817 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 the Circuit Court of the County of Frederick. Virginia, by Instrument No. 030015420 on Page 0670 and is described as Parcel: 44 Lot: 75 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Eneineering (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane, Wincehster, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. `, ��iiiiiNit In witness thereof. I (we) have hereto set my (our) hand and seal this }� �" day of F _ .`v O Ell rcrhr State of Virginia, City / ount t i ( t wit: � I, i/d(1PYa. L� �i5o , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s).w,jtd•. signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has' '••..... ac wI dged the same before me in the jurisdiction aforesaid this k day ofl 200 l J I J 0 },I 1 �.p n �)1..a1= �- �2c; My Commission Expires: 2 2 -q G61; Notary Public - Rg-,fl'Gf i0r1 1� Zql, I ()-(, -r V . r� f °P O m A p W N 4l O �O 0 25 r 4 8.888) ACRES W c,N \ PORTON NORTH COURT C L YARDMASTER COUR f YARDMASTER COURT ° VAR14aE WIDTH R/W 19 �% 21 INST. No. 050017512 0 i Co 41 14 15 16 17 7 cc I 18 12 RESIDUE OF n 60 j g 10 11 TAX PARCEL 44 -A -75 / 1h � y 28.1055 ACRES (TOTAL) Q ���apti 19.4192 ACRES o, r PORTION SOUTH OF] [YARDMASTER COUR 6 T.M. 44_1 -0 StE H .PAYNE, ET UX 0 030024641 L F = CENTERUNE OF PAVEMENT R/W = RIGHT OF WAY O ADJOINING PROPERTY OWNER TAG REFERS TO KEY ON SHEET 2 CORNER MONUMENT TAG REFERS TD CORDER DESCRIBED IN METES & BOUNDS DESCRIPRON I I I X01E SEE SHEET 2 FOR NOTES AND KEY TO ADJOINING PROPERTY OWNERS. SEE SHEETS J & 4 FOR METES AND BOUNDS DESCRIPTION. BOUNDARY SURVEY OF THE LAND OF THE ADAMS DEVELOPMENT GROUP, INC. STONEWALL MAGISTERIAL DISTRICT, FRED(-."RICK COUNTY, VIRGINIA GREENWAV ENGINEERING, INC. 151 Windy fill Lane Engineers Winchester, � iq;inia 22602 Surveyors Telephone. (540) 662 -4185 FAX. (540) 722 -9528 Founded in 1971 www.greenwayeng.com RICHARD A. -DENS No.002550 J ¢-24-07 n 3949 SHEET 1 OF 4 PAR N \ BU F ER \ 20' FCSA EASEMENT I, -- 1 / —SOUTH BUFFER- EX. WETLANDS i y F -FCSA PUMP a ®® I / /I % STATION ` , FCSA :y �? / 1 EAAEMENT- I o I U S <`� 0� 20':FCSA EASEMENT. I 20' VD ®T ROW DEDICATION t I� 20' FCSA EASEMENT � GREEN r SPACE 10' TRAIL >�3 Y i I RT. 11 - MARTINSBURG PIKE ; u,. r VARIABLE RIW I - 55 -MPH . N t 5 k� y b L i i a w i _ ° w W 0 W F v m U Q =z QWo' I Z Za 5 d W WO ♦r.W aw �v ° O Z a w a VW DATE: Ol /00 /2GD8 DESIGNED BY: KLB 30 IS O 30 60 FD.E ND. 3848 SCALE, �^ an Z z Q =a gym I a pY' Kul s ` S u Qbm a -IQPT vo w3 PAR N BUF ER w m co CL F v m W Q.Y W ❑_ '# z Q w ca � w m w o \ 20' FCSA EASEMENT SOUTH BUFFER EX. WETLANDS [ FCSA PUMP � i STATION E201EMENT m w 4 a ` u m Div Lu s a € Q � � W ka a$� NORTH BUFFER o g F Lu m N -20' FCSA EASEMENT 20' FCSA 20'VDOT EASEMENT GREEN ROW SPACE DED = 1 U' I KAIL I r moo , MNSBURG PI RIABLE R/W 55 -MPH W� v� M W U 6 N 7 W Lu �Z zw8 o 44 X J Q U 0 v��w c Z rc a w z 0 CC v W 9CdLE ft P 50' V: OE9[GNEO ET: 30 15 0 30 60 CORRIDOR APPEARANCE ENHANCEMENT 2®'( OMPLL 6' ME. f'I [8H1P18A£R F'1 ti er e� G T diUllIdJLCI k.UUIL Location & Zoning Map i aria s f L LE a L�0 I 1'I A h 0 666 W s G Y a a eaa LU a W go cc 664 666 666 �n g Reab`a Miles ('PI: TFR / 1 0.5 0 1 Legend Parcel Boundaries Q Adams Development Group Property Frederick County Zoning 2008 ® B2 (Business, General District) - B3 (Business, Industrial Transition District) - M1 (Industrial, Light District) - MH1 (Mobile Home Community District) RA (Rural Areas District) Map Data Source: Frederick County, Va. GIS Department, 2008 Data Feet 300 150 0 300 600 w U_ o a Q z w (L U) z N EL w 2 o > > 0 00z U Z W H wNr W U)af 00 g Q z a U w d LL p D J U K °o J� Q a 0 d w W } 0 W w 'Q J Lu U) O LL v g Q N 0 W a a O U V) N WE I S j 44 1 D Le end n Parcel Boundaries O Adams Development Group Property Adjoining Properties Map Data Source: Frederick County, Va. GIS Department, April 2008 Data 44 A 76A 44 A 89 0 Z LU m Z = o x LLI cc k y S »y i 5 Y3 P. / w LU d Q U } ❑ CL Q 44 A 72 `rfe A � P �s O U) Z z n a Of z ° K o ° /) o o�a } > 44 A 64 a 664 / it U 0 of Z M 44 A 73 // W of rn = o (( w C O O w Y LL w Q Q a w W w - z ° w LL Q w Feet w ° ° m o — Q Q U) N 200 100 0 200 400 a a UJ ❑ y 44 A 64 EMMANUEL UNITED METHODIST 2732 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 70 SOUTH END HOSE CO LC PO BOX 213 WINCHESTER VA 22604 44 A 72 DEMOREST RICHARD D PO BOX 233 CLEARBROOK VA 22624 44 A 73 WHITE ELWOOD L & BETTY L 2695 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 75B SPIRIT SPE PORTFOLIO 2007 -2 LLC C/O 84 LUMBER COMPANY 1019 ROUTE 519 ATTN TAX DEPARTMENT BLDG 4 EIGHTY FOUR, PA 15330 44 A 75E JRE WINCHESTER LLC 11047 LEADBETTER;RD ASHLAND VA 23005 44 A 75F EVANLYNN LLC 134 WINDY HILL LN N W2 -1 WINCHESTER VA 22602 44 A 76A MULLINS DEBORAH A. PO BOX 243 STEPHENSON VA. 22656 44 A 76B CONARD FLORENCE H. C/O FLORENCE SHUSTER PO BOX 202 STEPHENSON VA. 22656 44 A 76C WILDER ANN H. PO BOX 251 STEPHENSON VA. 22656 44 A 76D MAY EDWARD M MAY JUANITA A 2851 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 89 APAC- VIRGINIA INC C/O W -L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656 44 A 89A FRANKLIN L F & SONS INC C/O W -L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656 I 4/17/2008 Source: Frederick County GIS, April 2008 1 of 1 • 1 • REZONING APPLICATION #15 -08 ADAMS COMMERCIAL CENTER Staff Report for the Planning Commission Prepared: December 16, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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 Action Planning Commission: 01/07/09 Pending Board of Supervisors: 01/28/09 Pending PROPOSAL To revise proffers associated with Rezoning 902 -05 for 28.10 acres of land zoned B3 (Industrial Transition). This revision is intended to remove the previously proffered uses on the site. I LOCATION The property fronts on the west side of Martinsburg Pike (Route I 1 North), opposite the intersection with Stephenson Road (Route 664). MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBERS 44 -A -75 PROPERTY ZONING B3 (Industrial Transition) PRESENT USE Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE North: RA (Rural Areas) District Use: Residential South: M1 (Light Industrial) District & Use: Residential RA (Rural Areas) District Residential East: RA (Rural Areas) District & Use: Residential B2 (Business General) District Industrial West: B3 (Industrial Transition) District Use: Industrial PROPOSED USES Commercial and Industrial uses as permitted in the B3 District. 0 0 Rezoning #11 -08 — Adams Commercial Center December 16, 2008 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measureable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Adams Commercial Center Rezoning Application dated August 12, 2008 addresses transportation concerns associated within this request. 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. Frederick County Attorney: Please see attached letter dated December 8, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated September 11, 2008from Candice L. Perkins, AICP, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A -2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. In 2004, the Board of Supervisors approved Rezoning 411-04 which rezoned the property to the B3 (Industrial Transition District) with proffers. On May 13, 2005 the Board of Supervisors approved Rezoning 402 -05 which revised the proffers for the site to modify the proffered uses of the site. 2) Proffer Statement - Dated April 17, 2008; Revised December 9, 2008 Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition in an effort to revise the existing proffered conditions relating to the permitted uses for the property. Specifically this revision removes the previously proffered uses and building square footage cap on the site and prohibits certain uses on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. 0 0 Rezoning #11 -08 —Adams Commercial Center December 16, 2008 Page 3 A) General Development Plan The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance (Yardmaster Court) and the location of buffers and preservation areas. Staff note: Consistent with previously proffered condition. (Please note that the GDP has been revised to remove proposed uses.) B) Vehicle Per Day (VPD) and Land Use Restrictions 1) Conditional Rezoning application 902 -05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE "Trip Generation 7"' Edition volumes. The Applicant hereby proffers to restrict development of the 28.10 acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10 acre property should additional development occur on the remaining parcels in the Adams Development not covered by this revised rezoning application. 2) The applicant has proffered to prohibit the following B -3 District land uses on the site: • Amusement and recreational services operated indoors • Automotive dealers and gasoline service stations . • Drive -in motion picture theaters • Food Stores • Local and suburban transit and interurban highway passenger transportation • Business associations; membership organizations; and labor unions • Model home sales offices • Motor freight transportation, excluding warehousing and storage • Restaurants e Transportation by air • Transportation services e Truck stops Staff Note: The proffers from Rezoning #02 -05 restricted the uses on the site to office, building materials and lumber stores, wholesale, warehouse, and self - service storage facilities. The proffer also limited the site to 555,000 square feet. C) Transportation 1) Direct access to Martinsburg Pike will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10 acre property. Staff note: Consistent with previously proffered condition Rezoning #11 -08— Adams Commercial Center December 16, 2008 Page 4 2) Turn lane — Martinsburg Pike. The applicant has constructed a right -turn lane deceleration lane at the entrance on Martinsburg Pike. The applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. Staff note: Consistent with previously proffered condition Staff Note: With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U4D). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. 3) Additional Right- of-way Dedication The applicant proffered to dedicate 20 foot of ROW along Martinsburg Pike with the original rezoning. This ROW has been initiated by the applicant through a dedication to the County. Staff note: Consistent with previously proffered condition 4) Corridor Improvements, Signalization The applicant proffers to contribute a share of the cost of signalization improvements in the area of Interstate 81 Exit 321. VDOT will determine the appropriate location for signalization improvements and will determine when warranted. When determined by VDOT, the applicant will enter into a signalization agreement with VDOT and provide a one -time contribution to VDOT based on traffic volume generated by the developed portion of the subject property. Staff note: Consistent with previously proffered condition 5) Corridor Improvements, Bicycle and Pedestrian Facility The applicant has proffered to construct a ten foot asphalt path to be located within the 20 foot green strip identified in proffer F. The path on the northern portion of the entrance shall be completed prior to the issuance of an occupancy permit on the north side and the southern portion shall be completed before any occupancy permits are issued on the southern portion of the site. Staff note: This is a new proffer, Rezoning #02 -05 did not account for a ten footpath. D) North Buffer The applicant has proffered to utilize a 6' high berm opaque screening option along the north property line. Staff note: Consistent with previously proffered condition E) South Buffer The applicant has proffered to utilize a 6' tall fence as the opaque screening option along the south property line. Staff note: Consistent with previously proffered condition C Rezoning #11 -08 — Adams Commercial Center December 16, 2008 Page 5 F) Corridor Appearance Enhancements The applicant has proffered landscape enhancements along Martinsburg Pike (Route 11 N) to include a 20 foot wide green strip, a low -level earth berm, low -lying shrubs and a single row of deciduous flowering trees. See Corridor Appearance Enhancement Exhibit Staff note: Consistent with previously proffered condition — includes the addition of the ten foot asphalt path. G) Monetary Contributions to Offset Impact of Development A monetary contribution of $.015 /building square foot. Staff note: Consistent with previously proffered condition This is an application to revise the proffers associated with Rezoning #02 -05 for 28.10 acres of land zoned B3 (Industrial Transition). Specifically, this revision removes the previously proffered uses and building square footage cap on the site and includes uses that have been prohibited on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U4D). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. address all concerns raised by the Planning Commission.