HomeMy WebLinkAbout02-09 ApplicationJuly 7, 2009
Mr. Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Dear Evan:
MTR/bltd
Attachment
RE: REZONING #02 -09, THE BISHOP -AMARI PROPERTY
PIN: 44 -A -43
C. T LE
RICK
Department of Planning and Development
540/665-5651
FAX: 540/665 -6395
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of June 24, 2009. The above- referenced application was approved to rezone 2.77 acres from
RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Uses.
The property is located in the northeast quadrant of the intersection of Martinsburg Pike (Route 1 1) and
Old Charles Town Road (Route 761), in the Stonewall Magisterial District.
The proffer statement, dated October 27, 2008, with final revision date of June 24, 2009, that was
approved as a part of this rezoning application is unique to the above referenced property and is
binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Michael T. Ruddy
Deputy Planning Director
cc: Charles S. DeHaven, Jr., Stonewall District Supervisor
Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Gregory Bishop and Thomas Amari, 285 Boggess Lane, Winchester, VA 22603
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
REZONING APPLICATION #02 -09
THE BISHOP -AMARI PROPERTY
Staff Report for the Board of Supervisors
Prepared: June 15, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 04/15/09 Tabled 30 Days by Planning Commission
05/20/09 Recommended approval
Board of Supervisors: 06/24/09 Pending
PROPOSAL: To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District.
with proffers, for Commercial Uses.
LOCATION: The property is located in the northeast quadrant of the intersection of Martinsburg Pike
(Route 11) and Old Charles Town Road (Route 761).
BOARD OF SUPERVISORS UPDATE EXECUTIVE SUMMARY FOR THE 06/24/09
MEETING:
The Applicant submitted a revised Final Proffer Statement, Dated June 2, 2009, which addresses
several of the discussions from the Planning Commission, including the Commission's recommendation
that the entrance on Old Charles Town Road (Route 761) should be moved further east in collaboration
with the owners of Parcel Number 42 prior to the Board's review of this request. An agreement has
been made with the adjacent property owner and the proffer has been revised accordingly to provide for
a joint entrance at a central location on Old Charles Town Road.
The Proffer Statement also reflects the Applicant's with the acceptance of the change in the proffered
transportation dollar amount for the Hopewell /Brucetown Road improvements from $10,000 to
$25,000; and, if a convenience store with gasoline pumps would be the land use developed, the $25,000
contribution would increase to $50,000
This final Proffer Statement is in an acceptable legal form.
As stated within the staff report, the land uses proposed in this rezoning are generally consistent with
the Northeast Land Use Plan and the commercial designation for this intersection. The application
provides a level of sensitivity to the identified Developmentally Sensitive Areas. addresses the
appearance of the Route 11 corridor, and provides transportation improvements adjacent to this site as
generally identified for this corridor. The Applicant's revised transportation proffer, which includes a
potentially greater monetary contribution than previously offered ($25,000 to $50.000), attempts to
address the additional impacts to the Martinsburg Pike corridor including the Hopewell /Brucetown
Road intersection.
The Planning Commission recommended approval of this application at their 05/20/09 meeting.
Rezoning #02 -09 The Bishop -Amari Property
June 15, 2009
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
PROPOSAL: To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Uses.
LOCATION: The property is located in the northeast quadrant of the intersection of Martinsburg Pike
(Route 11) and Old Charles Town Road (Route 761).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44 -A -43
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Area) Use: Residential
South: RA (Rural Area) Use: Agriculture
East: MI (Light Industrial) Use: Vacant
West: RA (Rural Area) Use: Residential Vacant
MI (Light Industrial) Residential
REVIEW EVALUATIONS:
Fire Marshal: Plan approval recommended.
Service Authority: No comment
Health Department: No comments
Rezoning #02 -09 The Bishop Amari Property
June 15, 2009
Page 3
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Routes 11 and 761. These routes are the VDOT
roadway which has been considered as the access to the property. VDOT is satisfied that the
transportation proffers offered in the Bishop -Amari Rezoning Application dated March 5, 2009 address
transportation concerns associated with 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.
Public Works Department: 1. Refer to Suitability of the Site: Expand the discussion to include a
detailed description of the site with specific references to the existing dwellings, existing well locations,
if applicable, and existing drainfields. Any wells and /or drainfields should be located on the aerial
overview plan. Future designs should address the disposition of these items in accordance with Health
Department criteria. 2. Refer to Other Environmental Features: This discussion should be expanded to
include the fact that the site is underlain by karst limestone with the potential for sinkhole development.
The existence of sinkholes should be included with the master development plans or site plan design,
whichever occurs first. 3. Refer to Site Drainage: During the site plan design phase, it will be
necessary to verify the adequacy of the drainage structures (culverts and ditches) associated with the
intersection of Route 11 and Route 761. This evaluation shall be accomplished in conjunction with the
analysis of the design of the onsite BMP facility.
Department of Inspections: If existing structures have a change of use or are removed, a building
permit is required. Change of Use from Residential to Commercial on existing structures shall comply
with the 2006 Virginia Uniform Statewide Building Code, The 2006 International Existing Building
Code, and 1CC /AMSI A117.1 -03 for accessibility. Asbestos inspections shall be required for any
demolitions and/or renovations.
Sanitation Authority: There is a 10" water line along US 11 to a 16" water line along Old
Charlestown Road. There is no sewer in this area. The sewer lines shown on the "Rezoning W &S
Lines" drawing have not been installed.
Rezoning 402 -09 The Bishop -Amari Property
June 15, 2009
Page 4
Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the
Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall
outside of the airport's Part 77 close in surfaces.
Historic Resources Advisory Board: Please see attached letter dated January 26, 2009, signed by
Amber L. Powers, HRAB Stuff
Frederick County Attorney: Please see attached letter dated January 15, 2009 from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memo dated December 31, 2008 from om Michael T. Ruddy,
AICP, Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). 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. The corresponding
revision of the zoning map resulted in the re-mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The parcel comprising this rezoning application is located within the County's Sewer and Water
Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The
Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of
this site and along Route 11, Martinsburg Pike. Further, the development of business and
commercial land uses is encouraged at signalized road intersections. The Plan also recognizes
the Developmentally Sensitive Areas (DSA's) which are in the immediate vicinity of the site.
The application of quality design standards for future development is also an objective of the
Plan.
Rezoning #02 -09 The Bishop -Amari Property
June 15, 2009
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Transportation
The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County.
The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility
and is further defined as an urban four -lane divided facility with a landscaped median. Old
Charlestown Pike is identified with an urban two -lane designation. The Plan states that
proposed industrial and commercial development should only occur i f impacted roads function
at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates
Route 11 as a short-term designated route.
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered one right -in right -out
commercial entrance on Martinsburg Pike and a full commercial entrance to and from the
property on Old Charlestown Road. Pedestrian accommodations have been provided along the
road frontages of this project.
2) 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. This
area is also known for karst topography. The Frederick County Engineer has identified that a
detailed geotechnical analysis will be needed as part of the master development plan or detailed
site plan design. The Historic Resources Advisory Board has offered suggestions for this
project which have been incorporated into the application.
3) Potential Impacts
A. Transportation
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 20,000 square feet of
commercial uses, including a restaurant, and a 16 pump gas station. The TIA indicates that
Level of Service C conditions or better will be maintained on study roads and intersections with
the proposed signalization of Old Charles Town Road and Route 11, for which the Stephenson
Village project has proffered the construction. The applicant has proffered a variety of
improvements to the properties road frontages and to the signalization of the intersection of Old
Charlestown Road and Martinsburg Pike.
This, and recent TIA' s, have also demonstrated level of service and lane geometry issues at the
intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The ultimate solution to
this intersection has yet to be determined. Previous applications have participated in providing
a solution to achieve acceptable levels of service at this intersection by providing a monetary
contribution in various amounts that may be used to allow for the development of improvements
in the general area of this intersection.
Rezoning #02 -09 The Bishop -Amari Property
June 15.2009
Page 6
A monetary contribution has been proffered in the amount of $5.000 that may be applied to the
above referenced intersection improvements at Martinsburg Pike and Hopewell and Brucetovm
Roads.
The TIA modeled the intersection of Route 11 and Route 761. This application provides for
improvements to the intersection and to Route 11 and Route 761 consistent with the TIA in all
locations with the exception of the second north bound through lane at the northbound approach
to the intersection of Route 11 and Route 761.
A raised median of some sort should be considered on Route 11 directly across from the
proposed right -in right -out entrance as part of the initial construction of this project. This would
ensure that no left turns can be made into the site from south bound Route 11 such as is
experienced in other locations within the County. It would further achieve the divided section
called for in the Comprehensive Plan.
It may be preferable for this application to also consider median separation of the east and west
bound lanes of Route 761 and further delineate the left turn lane into the site. This would appear
to be able to be accomplished without any additional right -of -way or pavement impacts and may
also be more cost efficient. The provision of an additional area of raised median adjacent to the
right turn lane from Route 761 to Route 11 is a good improvement to this intersection. The use
of raised medians would further define the intersection, safely control turning movements, and
significantly benefit pedestrians who may be more prevalent in this area in the future.
B. Design Standards
The project's location on a major corridor and adjacent to an area identified as a
developmentally sensitive area warrants particular attention. This attention is provided in the
application by a combination of proffered commitments aimed at designing the development of
the site.
These include a commitment to the building placement which provides that no parking spaces
or travel aisles will be between all occupied structures and the public street frontages. and
building height, lighting, roofline, and construction material standards. Further, commitments
have been made regarding any future gasoline fueling islands, particularly their location which
ensures they would also be located behind any occupied commercial structures.
The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to the
occupied commercial structures and a historic information kiosk located on the plaza area which
will be designed in consultation with the HRAB. The Historic Resources Advisory Board has
been instrumental in working with the Applicant to appropriately address the interpretation of
the historic resources of this area.
Rezoning #02 -09 The Bishop -Amari Property
June 15, 2009
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The signage must be consistent with current ordinance requirements.
The Applicant has proposed additional landscape screening between the parking areas and
public streets; this should be in addition to any required by Ordinance. The amount has been
further defined. Buffer and screening must meet current ordinance requirements. In addition,
the applicant has proposed additional evergreen screening adjacent to the property to the west.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. I- Iowever, it is
recognized that commercial uses generally provide a positive impact on community facilities
through the additional generation of tax revenue. This application makes an effort to address the
impacts to Fire and Rescue services by providing a monetary contribution in an amount of $0.10
per square foot of developed commercial structural area. Please recognize that this may generate
up to $2,000 for fire and rescue services.
Proffer Statement Dated October 27, 2008; revised March 16, 2009, April 16, 2009, June 2, 2009.
A) Land Use
The Applicant has proffered to limit the development of the site to a maximum of
20,000 square feet of structural commercial development which may include up to 5,000
square feet of restaurant use. This has been modified to eliminate the restaurant
limitation. However, the trip generation identified in the HA may not be exceeded. In
addition, a maximum of 16 gasoline pumps may be developed on the property. A variety
of land uses have been proffered out by the Applicant.
B) Transportation
The Applicant has proffered a variety of improvements to the property's road frontages
and to the signalization of the intersection of Old Charlestown Road and Martinsburg
Pike. including right -of -way dedication. Included as part of the proffer statement are
exhibits that depict the proffered improvements.
A right- in right -out entrance is proffered along Martinsburg Pike and a full commercial
entrance along Old Charlestown Road. The Route 761 entrance is to be shared with the
adjacent property to the east resulting in one commercial entrance along this part of
Route 761. Interparcel parking lot access is proffered with the adjacent properties to the
east and west.
A monetary contribution has been proffered in the amount of $5,000 that may be applied
to intersection improvements at Martinsburg Pike and Hopewell and Brucetown Roads.
The latest amount of this monetary contribution is $25,000 with a potential increase
to $50,000 should a gasoline service station be located on the property.
Rezoning #02 -09 The Bishop -Amari Property
June 15, 2009
Page 8
C) Site Design
The application provides several proffered commitments aimed at designing the
development of the site including; a commitment to the building location, building
height, lighting, roofline, and construction material standards. Further, commitments
have been made regarding any future gasoline fueling islands, particularly their
location.
The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to
the occupied commercial structures and a historic information kiosk located on the plaza
area. Additional landscaping and buffering is also proposed by the Applicant.
D) Community Facilities
The Applicant proffers a monetary contribution in an amount of $0.10 per square foot of
developed commercial structural area. Please recognize that this may generate up to
$2,000 for fire and rescue services.
STAFF CONCLUSIONS FOR THE 04/15/09 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this intersection. The application provides a level of sensitivity to the
identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and
provides transportation improvements adjacent to this site as generally identified for this corridor. The
Commission should ensure that a satisfactory level of expectation has been met regarding 1) site design
considerations along the properties frontages, and 2) sufficient value in the transportation contributions
aimed at addressing the transportation impacts of this project and the necessary offsite transportation
improvements.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 4/15/09 MEETING:
Commission members questioned the applicant about his method for arriving at the proffered monetary
contribution towards transportation impacts, specifically, at the intersection of Martinsburg Pike and
Hopewell and Brucetown Road. The applicant had stated the monetary contribution was derived from a
comparison of acreages of other projects in the vicinity which had also made transportation
contributions. Commission members preferred the applicant use the site's traffic generation impact,
rather than the size of the parcel, as a more accurate comparison to determine this particular project's
contribution.
A member of the Commission asked if there had been discussion about doing a joint entrance and a
shared easement with the Cutshaw's MI parcel, which would eliminate the need for a buffer; he
commented it would gain the applicant 25 feet or more by placing half the road on the adjoining
Cutshaw property. It was also mentioned that Parcels 47 and 42 would have inter parcel connection
through the access road out to Old Charles Town Road; a member of the Commission asked if
something would be set up inside the site to prevent vehicles from exiting through the right turn in,
Rezoning #02 -09 The Bishop -Amari Property
June 15, 2009
Page 9
right turn out access. The applicant said the proffer didn't specify there would be reciprocal
ingress /egress easements, but if that was something the Commission was interested in, the applicant
could add it.
Commission members asked for clarification on the number of gasoline fueling points that were
proffered by the applicant. The applicant said it was not the intention to try to get additional pumps
because he didn't think more would fit on the site. The applicant offered to rewrite the proffer to state,
"eight fueling stations for a total of 16 pumps."
No citizens came forward to speak during the public comment portion of the hearing.
The Planning Commission voted unanimously to table the rezoning application for 30 days, at the
applicant's request, in order to provide enough time for the applicant to revise the proffers dealing with
the monetary contribution. some of the design elements, and landscaping.
(Note: Commissioner Manuel was absent from the meeting.)
PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/20/09 MEETING:
During his presentation, the applicant proposed to increase the proffered monetary contribution aimed at
mitigating transportation impacts at the intersection of Martinsburg Pike and the Hopewell and
Brucetown Roads intersection from $10,000 to $25,000 and, ifa convenience store with gasoline pumps
would be the land use developed there, the $25,000 contribution would increase to $50,000. In
addition, proffer language had been clarified to state, "...a maximum of eight pumps with two fueling
positions each, for a total maximum of 16 fueling positions." Furthermore, the applicant stated the
Planning Commission wanted to make sure the reciprocal egress /ingress easement for Parcels 42 and 47
was only for access to Old Charles Town Road (Route 761) and this also has been provided in the
revised proffer statement. Regarding the right turn in, right turn out entrance off Martinsburg Pike
(Route 11), the applicant said the island median was significantly extended, which creates a channelized
movement for turning into the property and discourages any left-turn movements.
Members of the Commission asked if the access drive in the rear of the property could be shifted to the
east and the entrance moved on Old Charles Town Road (Route 761), thereby eliminating the inactive
portion of the buffer and gaining the applicant 25 feet. Staff noted there is an opportunity for the two
property owners to enter into a shared easement agreement; the inactive portion of the buffer could be
placed on the M1 property and the road constructed down the property line.
There were no citizen comments. The Planning Commission voted unanimously to recommend
approval of the rezoning with the acceptance of the change in the proffered transportation dollar amount
for the Hopewell/ Brucetown Road improvements from $10,000 to $25,000; and, ifa convenience store
with gasoline pumps would be the land use developed, the $25,000 contribution would increase to
$50,000; and, with a recommendation that moving the entrance on Old Charles Town Road (Route 761)
further east be fully discussed and considered between the applicant and the owners of Parcel Number
42 and a response provided to the County before this rezoning is forwarded to the Board of Supervisors.
Rezoning #02 -09 The Bishop -Amari Property
June 15, 2009
Page 10
(Note: Commissioners Thomas and Ruckman were absent from the meeting.)
STAFF UPDATE FOR THE 06/24/09 BOARD OF SUPERVISORS MEETING:
During the Planning Commission's review of this request the following items were addressed by the
Applicant:
The Road Improvement Exhibit submitted as part of the Proffer Statement was modified to
reflect a modified right in /right out entrance on Martinsburg Pike. No additional median
improvements are proposed at this time. The ability remains within the proffer to provide for
additional left turn control measure on Martinsburg Pike at some point in the future should the
designed entrance not be effective at prohibiting left turn movements into the property. The
gasoline pump limitation was clarified to state eight pumps with two fueling positions each
(maximum of 16 fueling positions), as was the inter parcel access to the property to the east. In
addition, the Applicant provided a detailed description of the quantity and location of the
landscape screening and corridor enhancement buffering which will enhance the public street
frontages of the property.
The Applicant submitted a revised Final Proffer Statement, Dated June 2, 2009, which addresses the
Commission's recommendation that the entrance on Old Charles Town Road (Route 761) should be
moved further east in collaboration with the owners of Parcel Number 42 prior to the Board's review of
this request. An agreement has been made with the adjacent property owner and the proffer has been
revised accordingly to provide for ajoint entrance at a central location on Old Charles Town Road.
The Proffer Statement also reflects the Applicant's with the acceptance of the change in the proffered
transportation dollar amount for the Hopewell /Brucetown Road improvements from $10.000 to
$25,000; and. if a convenience store with gasoline pumps would be the land use developed. the $25,000
contribution would increase to $50,000
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this intersection. The application provides a level of sensitivity to the
identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and
provides transportation improvements adjacent to this site as generally identified for this corridor. The
Applicant's revised transportation proffer, which includes a potentially greater monetary contribution
than previously offered ($25,000 to $50,000), attempts to address the additional impacts to the
Martinsburg Pike corridor including the Hopewell Brucetown Road intersection.
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.
REZONING APPLICATION #02 -09
THE BISHOP -AMARI PROPERTY
Staff Report for the Planning Commission
Prepared: April 27, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 04/15/09 Tabled 30 Days
05/20/09 Pending
Board of Supervisors: 06/10/09 Pending
PROPOSAL: To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Uses.
LOCATION: The property is located in the northeast quadrant of the intersection of Martinsburg Pike
(Route 11) and Old Charles Town Road (Route 761).
EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 05 /20/09 PLANNING
COMMISSION MEETING:
The Applicant provided the Planning Commission with an updated Proffer Statement dated April 27,
2009. This revised Proffer Statement includes several modifications, some of which were discussed
during the Planning Commission meeting, and a couple which are aimed at further addressing the
transportation impacts associated with this request.
The Applicant's proffered monetary contribution aimed at mitigating transportation impacts at the
intersection of Martinsburg Pike and Hopewell and Brucetown Roads has increased from $5,000 to
$10,000. The proffer has the potential to increase to $25,000 if a convenience Mart with gas pumps is
developed on the property.
The Road Improvement Exhibit submitted as part of the Proffer Statement has been modified to reflect
a modified right in right out entrance on Martinsburg Pike. No additional median improvements are
proposed at this time. The ability remains within the proffer to provide for additional left turn control
measure on Martinsburg Pike at some point in the future should the designed entrance not be effective
at prohibiting left turn movements into the property. The gasoline pump limitation has been clarified to
state eight pumps with two fueling positions each (maximum of 16 fueling positions), as has the inter
parcel access to the property to the east, which has been further clarified to provide access to Old
Charlestown Road and to give the County control on future connectivity based upon the development of
the adjacent MI site.
The Applicant has provided a detailed description of the quantity and location of the landscape
screening and corridor enhancement buffering which will enhance the public street frontages of the
property.
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 2
As stated previously, the land uses proposed in this rezoning are generally consistent with the Northeast
Land Use Plan and the commercial designation for this intersection. The application provides a level of
sensitivity to the identified Developmentally Sensitive Areas, addresses the appearance of the Route 11
corridor, and provides transportation improvements adjacent to this site as generally identified for this
corridor. The Applicant's revised the transportation proffer is described above. The Commission should
determine if the Applicant has satisfactorily addressed impacts generated by this request and the
concerns identified by the Commission during your April 15, 2009 meeting.
The required public hearing for this application has been held. Therefore, a
recommendation regarding this rezoning application to the Board of Supervisors
would be appropriate. The applicant should be prepared to adequately address all
concerns raised by the Planning Commission.
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 3
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.
PROPOSAL: To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Uses.
LOCATION: The property is located in the northeast quadrant of the intersection of Martinsburg Pike
(Route 11) and Old Charles Town Road (Route 761).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY I1) NUMBER: 44 -A -43
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North:
South:
East:
West:
RA (Rural Area)
RA (Rural Area)
Ml (Light Industrial)
RA (Rural Area)
Ml (Light Industrial)
Use:
Use:
Use:
Use:
Residential
Agriculture
Vacant
Residential Vacant
Residential
REVIEW EVALUATIONS:
Fire Marshal: Plan approval recommended.
Service Authority: No comment.
Health Department: No comments
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 4
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Routes 11 and 761. These routes are the VDOT
roadway which has been considered as the access to the property. VDOT is satisfied that the
transportation proffers offered in the Bishop Amari Rezoning Application dated March 5, 2009 address
transportation concerns associated with 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 J.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.
Public Works Department: 1. Refer to Suitability of the Site: Expand the discussion to include a
detailed description of the site with specific references to the existing dwellings, existing well locations,
if applicable, and existing drainfields. Any wells and/or drainfields should be located on the aerial
overview plan. Future designs should address the disposition of these items in accordance with Health
Department criteria. 2. Refer to Other Environmental Features: This discussion should be expanded to
include the fact that the site is underlain by karst limestone with the potential for sinkhole development.
The existence of sinkholes should be included with the master development plans or site plan design
whichever occurs first. 3. Refer to Site Drainage: During the site plan design phase, it will be
necessary to verify the adequacy of the drainage structures (culverts and ditches) associated with the
intersection of Route 11 and Route 761. This evaluation shall be accomplished in conjunction with the
analysis of the design of the onsite BMP facility.
Department of Inspections: If existing structures have a change of use or are removed, a building
permit is required. Change of Use from Residential to Commercial on existing structures shall comply
with the 2006 Virginia Uniform Statewide Building Code, The 2006 International Existing Building
Code, and ICC /AMSI A117.1 -03 for accessibility. Asbestos inspections shall be required for any
demolitions and/or renovations.
Sanitation Authority: There is a 10" water line along US 11 to a 16" water line along Old
Charlestown Road. There is no sewer in this area. The sewer lines shown on the "Rezoning W &S
Lines" drawing have not been installed.
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 5
Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the
Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall
outside of the airport's Part 77 close in surfaces.
Historic Resources Advisory Board: Please see attached lever dated January 26, 2009, signed by
Amber L. Powers, HRAB Staff
Frederick County Attorney: Please see attached letter dated January 15, 2009 from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memo dated December 31, 2008 from Michael T. Ruddy,
AICP, Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). 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. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -12
Land Use
The parcel comprising this rezoning application is located within the County's Sewer and Water
Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The
Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of
this site and along Route 11, Martinsburg Pike. Further, the development of business and
commercial land uses is encouraged at signalized road intersections. The Plan also recognizes
the Developmentally Sensitive Areas (DSA's) which are in the immediate vicinity of the site.
The application of quality design standards for future development is also an objective of the
Plan.
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 6
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County.
The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility
and is further defined as an urban four -lane divided facility with a landscaped median. Old
Charlestown Pike is identified with an urban two -lane designation. The Plan states that
proposed industrial and commercial development should only occur if impacted roads function
at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates
Route 11 as a short-term designated route.
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered one right -in right -out
commercial entrance on Martinsburg Pike and a full commercial entrance to and from the
property on Old Charlestown Road. Pedestrian accommodations have been provided along the
road frontages of this project.
2) 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. This
area is also known for karst topography. The Frederick County Engineer has identified that a
detailed geotechnical analysis will be needed as part of the master development plan or detailed
site plan design. The Historic Resources Advisory Board has offered suggestions for this
project which have been incorporated into the application.
3) Potential Impacts
A. Transportation
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 20,000 square feet of
commercial uses, including a restaurant, and a 16 pump gas station. The TIA indicates that
Level of Service C conditions or better will be maintained on study roads and intersections with
the proposed signalization of Old Charles Town Road and Route 11, for which the Stephenson
Village project has proffered the construction. The applicant has proffered a variety of
improvements to the properties road frontages and to the signalization of the intersection of Old
Charlestown Road and Martinsburg Pike.
This, and recent TIA's, have also demonstrated level of service and lane geometry issues at the
intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The ultimate solution to
this intersection has yet to be determined. Previous applications have participated in providing
a solution to achieve acceptable levels of service at this intersection by providing a monetary
contribution in various amounts that may be used to allow for the development of improvements
in the general area of this intersection.
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 7
A monetary contribution has been proffered in the amount of $5,000 that may be applied to the
above referenced intersection improvements at Martinsburg Pike and Hopewell and Brucetown
Roads.
The TIA modeled the intersection of Route 11 and Route 761. This application provides for
improvements to the intersection and to Route 11 and Route 761 consistent with the TIA in all
locations with the exception ofthe second north bound through lane at the northbound approach
to the intersection of Route 11 and Route 761.
A raised median of some sort should be considered on Route 11 directly across from the
proposed right -in right -out entrance as part ofthe initial construction of this project. This would
ensure that no left turns can be made into the site from south bound Route 11 such as is
experienced in other locations within the County. It would further achieve the divided section
called for in the Comprehensive Plan.
It may be preferable for this application to also consider median separation of the east and west
bound lanes of Route 761 and further delineate the left turn lane into the site. This would appear
to be able to be accomplished without any additional right -of -way or pavement impacts and may
also be more cost efficient. The provision of an additional area of raised median adjacent to the
right turn lane from Route 761 to Route 11 is a good improvement to this intersection. The use
of raised medians would further define the intersection, safely control turning movements, and
significantly benefit pedestrians who may be more prevalent in this area in the future.
B. Design Standards
The project's location on a major corridor and adjacent to an area identified as a
developmentally sensitive area warrants particular attention. This attention is provided in the
application by a combination of proffered commitments aimed at designing the development of
the site.
These include a commitment to the building placement which provides that no parking spaces
or travel aisles will be between all occupied structures and the public street frontages, and
building height, lighting, roofline, and construction material standards. Further, commitments
have been made regarding any future gasoline fueling islands, particularly their location which
ensures they would also be located behind any occupied commercial structures.
The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to the
occupied commercial structures and a historic information kiosk located on the plaza area which
will be designed in consultation with the HRAB. The Historic Resources Advisory Board has
been instrumental in working with the Applicant to appropriately address the interpretation of
the historic resources of this area.
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 8
The signage must be consistent with current ordinance requirements.
The Applicant has proposed additional landscape screening between the parking areas and
public streets; this should be in addition to any required by Ordinance. The amount should be
further defined. Buffer and screening must meet current ordinance requirements. In addition,
the applicant has proposed additional evergreen screening adjacent to the property to the west.
C. 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. This application makes an effort to address the
impacts to Fire and Rescue services by providing a monetary contribution in an amount of $0.10
per square foot of developed commercial structural area. Please recognize that this may generate
up to $2,000 for fire and rescue services.
Proffer Statement Dated October 27, 2008; revised March 16, 2009 (Further Revised April 16,
2009.
A) Land Use
The Applicant has proffered to limit the development of the site to a maximum of
20,000 square feet of structural commercial development which may include up to 5,000
square feet of restaurant use. In addition, a maximum of 16 gasoline pumps may be
developed on the property. A variety of land uses have been proffered out by the
Applicant.
B) Transportation
The Applicant has proffered a variety of improvements to the property's road frontages
and to the signalization of the intersection of Old Charlestown Road and Martinsburg
Pike, including right -of -way dedication. Included as part of the proffer statement are
exhibits that depict the proffered improvements.
A right- in right -out entrance is proffered along Martinsburg Pike and a full commercial
entrance along Old Charlestown Road.
Interparcel parking lot access is proffered with the adjacent properties to the east and
west.
A monetary contribution has been proffered in the amount of $5,000 that may be applied
to intersection improvements at Martinsburg Pike and Hopewell and Brucetown Roads.
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 9
C) Site Design
The application provides several proffered commitments aimed at designing the
development of the site including; a commitment to the building location, building
height, lighting, roolline, and construction material standards. Further, commitments
have been made regarding any future gasoline fueling islands, particularly their
location.
The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to
the occupied commercial structures and a historic information kiosk located on the plaza
area. Additional landscaping and buffering is also proposed by the Applicant.
D) Community Facilities
The Applicant proffers a monetary contribution in an amount of $0.10 per square foot of
developed commercial structural area. Please recognize that this may generate up to
$2,000 for fire and rescue services.
STAFF CONCLUSIONS FOR THE 04/15/09 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this intersection. The application provides a level of sensitivity to the
identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and
provides transportation improvements adjacent to this site as generally identified for this corridor. The
Commission should ensure that a satisfactory level of expectation has been met regarding 1) site design
considerations along the properties frontages, and 2) sufficient value in the transportation contributions
aimed at addressing the transportation impacts of this project and the necessary offsite transportation
improvements.
Following the required public hearing, a recommendation regarding this rezoning
application to the Board of Supervisors would be appropriate. The applicant
should be prepared to adequately address all concerns raised by the Planning
Commission.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 4/15/09 MEETING:
Commission members questioned the applicant about his method for arriving at the proffered monetary
contribution towards transportation impacts, specifically, at the intersection of Martinsburg Pike and
Hopewell and Brucetown Road. The applicant had stated the monetary contribution was derived from a
comparison of acreages of other projects in the vicinity which had also made transportation
contributions. Commission members preferred the applicant use the site's traffic generation impact,
rather than the size of the parcel, as a more accurate comparison to determine this particular project's
contribution.
Rezoning #02 -09 The Bishop -Amari Property
April 27, 2009
Page 10
A member of the Commission asked if there had been discussion about doing a joint entrance and a
shared easement with the Cutshaw's Ml parcel, which would eliminate the need for a buffer; he
commented it would gain the applicant 25 feet or more by placing half the road on the adjoining
Cutshaw property. It was also mentioned that Parcels 47 and 42 would have inter parcel connection
through the access road out to Old Charles Town Road; a member of the Commission asked if
something would be set up inside the site to prevent vehicles from exiting through the right -turn in,
right -turn out access. The applicant said the proffer didn't specify there would be reciprocal
ingress /egress easements, but if that was something the Commission was interested in, the applicant
could add it.
Commission members asked for clarification on the number of gasoline fueling points that were
proffered by the applicant. The applicant said it was not the intention to try to get additional pumps
because he didn't think more would fit on the site. The applicant offered to rewrite the proffer to state,
"eight fueling stations for a total of 16 pumps."
No citizens came forward to speak during the public comment portion of the hearing.
The Planning Commission voted unanimously to table the rezoning application for 30 days, at the
applicant's request, in order to provide enough time for the applicant to revise the proffers dealing with
the monetary contribution, some of the design elements, and landscaping.
(Note: Commissioner Manuel was absent from the meeting.)
REZONING APPLICATION #02 -09
THE BISHOP -AMARI PROPERTY
Staff Report for the Planning Commission
Prepared: April 1, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 04/15/09 Pending
Board of Supervisors: 05/13/09 Pending
PROPOSAL: To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Uses.
LOCATION: The property is located in the northeast quadrant of the intersection of Martinsburg Pike
(Route 11) and Old Charles Town Road (Route 761).
EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 04/15/09 PLANNING
COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this intersection. The application provides a level of sensitivity to the
identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and
provides transportation improvements adjacent to this site as generally identified for this corridor.
The Commission should ensure that a satisfactory level of expectation has been met regarding:
1) Site design considerations along the property's frontages, including corridor appearance,
access, to the site, and median improvements.
2) Appropriate value in the transportation contributions which are aimed at addressing the
transportation impacts of this project and the necessary offsite transportation improvements.
Following the required public hearing, a recommendation regarding this rezoning
application to the Board of Supervisors would be appropriate. The applicant
should be prepared to adequately address all concerns raised by the Planning
Commission.
Rezoning #02 -09 The Bishop -Amari Property
April 1, 2009
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
PROPOSAL: To rezone 2.77 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Uses.
LOCATION: The property is located in the northeast quadrant of the intersection of Martinsburg Pike
(Route l 1) and Old Charles Town Road (Route 761).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44 -A -43
PROPERTY ZONING: RA (Rural Areas) District
PRESENT USE: Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North:
South:
East:
West:
RA (Rural Area)
RA (Rural Area)
M1 (Light Industrial)
RA (Rural Area)
M1 (Light lndustrial)
Use:
Use:
Use:
Use:
Residential
Agriculture
Vacant
Residential Vacant
Residential
REVIEW EVALUATIONS:
Service Authority: No comment.
Health Department: No comments
Rezoning #02 -09 The Bishop -Amari Property
April 1, 2009
Page 3
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Routes 11 and 761. These routes are the VDOT
roadway which has been considered as the access to the property. VDOT is satisfied that the
transportation proffers offered in the Bishop -Amari Rezoning Application dated March 5, 2009 address
transportation concerns associated with 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.
Public Works Department: 1. Refer to Suitability of the Site: Expand the discussion to include a
detailed description of the site with specific references to the existing dwellings, existing well locations,
if applicable, and existing drainfields. Any wells and /or drainfields should be located on the aerial
overview plan. Future designs should address the disposition of these items in accordance with Health
Department criteria. 2. Refer to Other Environmental Features: This discussion should be expanded to
include the fact that the site is underlain by karst limestone with the potential for sinkhole development.
The existence of sinkholes should be included with the master development plans or site plan design,
whichever occurs first. 3. Refer to Site Drainage: During the site plan design phase, it will be
necessary to verify the adequacy of the drainage structures (culverts and ditches) associated with the
intersection of Route 11 and Route 761. This evaluation shall be accomplished in conjunction with the
analysis of the design of the onsite BMP facility.
Department of Inspections: If existing structures have a change of use or are removed, a building
permit is required. Change of Use from Residential to Commercial on existing structures shall comply
with the 2006 Virginia Uniform Statewide Building Code, The 2006 International Existing Building
Code, and ICC /AMSI A117.1 -03 for accessibility. Asbestos inspections shall be required for any
demolitions and /or renovations.
Sanitation Authority: There is a 10" water line along US 11 to a 16" water line along Old
Charlestown Road There is no sewer in this area. The sewer lines shown on the "Rezoning W &S
Lines" drawing have not been installed.
Rezoning #02 -09 The Bishop -Amari Property
April 1, 2009
Page 4
Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the
Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall
outside of the airport's Part 77 close in surfaces.
Historic Resources Advisory Board: Please see attached letter dated January 26, 2009, signed by
Amber L. Powers, HRAB Staff
Frederick County Attorney: Please see attached letter dated January 15, 2009 from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memo dated December 31, 2008 from Michael T Ruddy,
AICP, Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). 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. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. it is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The parcel comprising this rezoning application is located within the County's Sewer and Water
Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The
Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of
this site and along Route 11, Martinsburg Pike. Further, the development of business and
commercial land uses is encouraged at signalized road intersections. The Plan also recognizes
the Developmentally Sensitive Areas (DSA's) which are in the immediate vicinity of the site.
The application of quality design standards for future development is also an objective of the
Plan.
Rezoning #02 -09 The Bishop -Amari Property
April 1, 2009
Page 5
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County.
The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility
and is further defined as an urban four -lane divided facility with a landscaped median. Old
Charlestown Pike is identified with an urban two -lane designation. The Plan states that
proposed industrial and commercial development should only occur if impacted roads function
at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates
Route 11 as a short-term designated route.
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered one right -in right -out
commercial entrance on Martinsburg Pike and a full commercial entrance to and from the
property on Old Charlestown Road. Pedestrian accommodations have been provided along the
road frontages of this project.
2) 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. This
area is also known for karst topography. The Frederick County Engineer has identified that a
detailed geotechnical analysis will be needed as part of the master development plan or detailed
site plan design. The Historic Resources Advisory Board has offered suggestions for this
project which have been incorporated into the application.
3) Potential Impacts
A. Transportation
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 20,000 square feet of
commercial uses, including a restaurant, and a 16 pump gas station. The TIA indicates that
Level of Service C conditions or better will be maintained on study roads and intersections with
the proposed signalization of Old Charles Town Road and Route 11, for which the Stephenson
Village project has proffered the construction. The applicant has proffered a variety of
improvements to the properties road frontages and to the signalization of the intersection of Old
Charlestown Road and Martinsburg Pike.
This, and recent TIA' s, have also demonstrated level of service and lane geometry issues at the
intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The ultimate solution to
this intersection has yet to be determined. Previous applications have participated in providing
a solution to achieve acceptable levels of service at this intersection by providing a monetary
contribution in various amounts that may be used to allow for the development of improvements
in the general area of this intersection.
B.
Rezoning 402 -09 The Bishop -Amari Property
April 1, 2009
Page 6
A monetary contribution has been proffered in the amount of $5,000 that may be applied to the
above referenced intersection improvements at Martinsburg Pike and Hopewell and Brucetown
Roads.
The TIA modeled the intersection of Route 11 and Route 761. This application provides for
improvements to the intersection and to Route 11 and Route 761 consistent with the TIA in all
locations with the exception of the second north bound through lane at the northbound approach
to the intersection of Route 11 and Route 761.
A raised median of some sort should be considered on Route 11 directly across from the
proposed right -in right -out entrance as part of the initial construction of this project. This would
ensure that no left turns can be made into the site from south bound Route 11 such as is
experienced in other locations within the County. It would further achieve the divided section
called for in the Comprehensive Plan.
It may be preferable for this application to also consider median separation of the east and west
bound lanes of Route 761 and further delineate the left turn lane into the site. This would appear
to be able to be accomplished without any additional right -of -way or pavement impacts and may
also be more cost efficient. The provision of an additional area of raised median adjacent to the
right turn lane from Route 761 to Route 11 is a good improvement to this intersection. The use
of raised medians would further define the intersection, safely control turning movements, and
significantly benefit pedestrians who may be more prevalent in this area in the future.
Design Standards
The project's location on a major corridor and adjacent to an area identified as a
developmentally sensitive area warrants particular attention. This attention is provided
in the application by a combination of proffered commitments aimed at designing the
development of the site.
These include a commitment to the building placement which provides that no parking
spaces or travel aisles will be between all occupied structures and the public street
frontages, and building height, lighting, roofline, and construction material standards.
Further, commitments have been made regarding any future gasoline fueling islands,
particularly their location which ensures they would also be located behind any occupied
commercial structures.
The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to
the occupied commercial structures and a historic information kiosk located on the plaza
area which will be designed in consultation with the HRAB. The Historic Resources
Advisory Board has been instrumental in working with the Applicant to appropriately
address the interpretation of the historic resources of this area.
Rezoning #02 -09 The Bishop -Amari Property
April 1, 2009
Page 7
The signage must be consistent with current ordinance requirements.
The Applicant has proposed additional landscape screening between the parking areas
and public streets; this should be in addition to any required by Ordinance. The amount
should be further defined Buffer and screening must meet current ordinance
requirements. In addition, the applicant has proposed additional evergreen screening
adjacent to the property to the west.
The applicant has proffered to provide a detailed corridor enhancement strip 20 feet in
width along the frontage of the property. Included within this strip is a ten foot multi -use
trail and landscape plantings. The applicant has also proffered a limitation on the
signage on the property by limiting the business signs to one monument sign (15 feet
high and 100 square feet in size) for the land uses on the B3 portion of the property and
two monument style signs (10 feet high and 50 square feet in size) for the B2 portion of
the property. The applicant has further proffered general building material
specifications and finally special consideration has been provided to the buffer and
screening of the adjacent properties, in particular, any potential preservation of
identified wooded areas.
C. 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. This application makes an
effort to address the impacts to Fire and Rescue services by providing a monetary
contribution in an amount of $0.10 per square foot of developed commercial structural
area. Please recognize that this may generate up to $2,000 for fire and rescue services.
Proffer Statement Dated October 27, 2008; revised March 16, 2009
A) Land Use
The Applicant has proffered to limit the development of the site to a maximum of
20,000 square feet of structural commercial development which may include up to 5,000
square feet of restaurant use. In addition, a maximum of 16 gasoline pumps may be
developed on the property. A variety of land uses have been proffered out by the
Applicant.
B) Transportation
The Applicant has proffered a variety of improvements to the property's road frontages
and to the signalization of the intersection of Old Charlestown Road and Martinsburg
Pike, including right -of -way dedication. Included as part of the proffer statement are
exhibits that depict the proffered improvements.
Rezoning #02 -09 The Bishop -Amari Property
April 1, 2009
Page 8
A right- in right -out entrance is proffered along Martinsburg Pike and a full commercial
entrance along Old Charlestown Road
Interparcel parking lot access is proffered with the adjacent properties to the east and
west.
A monetary contribution has been proffered in the amount of $5,000 that may be applied
to intersection improvements at Martinsburg Pike and Hopewell and Brucetown Roads.
C) Site Design
The application provides several proffered commitments aimed at designing the
development of the site including; a commitment to the building location, building
height, lighting, roofline, and construction material standards. Further, commitments
have been made regarding any future gasoline fueling islands, particularly their
location.
The Applicant has proposed to develop a plaza area 2,000 square feet in size adjacent to
the occupied commercial structures and a historic information kiosk located on the plaza
area. Additional landscaping and buffering is also proposed by the Applicant.
D) Community Facilities
The Applicant proffers a monetary contribution in an amount of $0.10 per square foot of
developed commercial structural area. Please recognize that this may generate up to
$2,000 for fire and rescue services.
STAFF CONCLUSIONS FOR THE 04 /15/09 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this intersection. The application provides a level of sensitivity to the
identified Developmentally Sensitive Areas. addresses the appearance of the Route 11 corridor, and
provides transportation improvements adjacent to this site as generally identified for this corridor. The
Commission should ensure that a satisfactory level of expectation has been met regarding 1) site design
considerations along the properties frontages, and 2) sufficient value in the transportation contributions
aimed at addressing the transportation impacts of this project and the necessary offsite transportation
improvements.
Following the required public hearing, a recommendation regarding this rezoning
application to the Board of Supervisors would be appropriate. The applicant
should be prepared to adequately address all concerns raised by the Planning
Commission.
N
44 1 C
EASY LIVING ASSOCIATES
0
418 I 2
EASY LIVING ASSOCIATES
100
EASY LIVING ASSOCIATES
200
44 A 10
SLAUGHTER JUDITH MCCANN
49 4 1 9
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400 Feet
wn
CAMPBELL STEOI
CUTS
44 A 48
MCKEE JANNEY T.
44 A 42
CUTSHAW ENTERPRISES LC
ReZoning Bishop Amari Property
Rezoning 02 09
PIN: 44 A 43
aff 11
BISHO
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0 1 Application
Buildings
Zoning
BI (Business, Neighborhood District)
B2 (Business, General Distils')
t��
aw I Urban MN elopmenl Area B3 (Business, Industrial Transition District) >43
ONO SWSA EM (Extractive Manufacturing District)
HE (Higher Education District)
MI (Industrial, Light District)
Map Document. (F.\_
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M2 (Industrial, General District)
Mill (Mobile Home Community District]
MS (Medical Support District)
RJ (Residential Planned Community D)sl
R5 (Residential Recreational Community
RA (Rural Area District)
RP (Residential Performance District)
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The following information shall be provided by the applicant:
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
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 -6816
Address: 151 Windy Hill Lane, Winchester, VA 22602
2. Property Owner (if different from above)
Name: Gregory Bishop Thomas Amari
Telephone: (540) 974 -1175
Address: 285 Boggess Lane, Winchester, VA 22603
3. Contact person if other than above
Name: Evan Wyatt, AICP
Telephone: 540 -662 -4185
4. Checklist: Check the following items that have been included with this
application.
Location map
Plat
Deed to Property
Verification of taxes paid
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
PARCEL ID NUMBER
USE
ZONING
44- ((A)) -5
Commercial
RA District
44- ((A)) -40
Unimproved
RA District
44- ((A)) -42
Unimproved
Ml District
44- ((A)) -46
Commercial Residential
Ml District
44- ((A)) -47
Residential
RA District
44B- ((1)) -1
Unimproved
B2 District
44B- ((1)) -2
Residential
B2 District
Gregory Bishop
Thomas Amari
6. Adjoining Property:
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:
5. A) Current Use of the Property:
B) Proposed Use of the Property:
Residential
Commercial
Please refer to attached Adjoining Property Owner Map and
Table.
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):
The subject property is located in the northeast quadrant of the intersection of
Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Route 761).
Acres
Current Zoning
Zoning Requested
2.77±
RA District
B2 District
2.77±
Total Acreage to be rezoned
Districts
Information to be Submitted for Capital Facilities Impact 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 Numbers 44 -A -43
Magisterial: Stonewall High School: James Wood
Fire Service: Clear Brook Middle School: James Wood
Rescue Service: Clear Brook Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category
being requested.
11. The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: N/A Townhome: N/A Multi- Family N/A
Non Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other
See Note
Note: The Applicants' Proffer Statement limits occupied commercial development to a
maximum of 20,000 square feet, of which no more than 5,000 square feet can be in
restaurant land use.
12. Signature:
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:
144 A 40
(44 A 47
'44 A 46
1448 1 1
144 A 5
144B 1 2
144 A 42
'Tax Map Number
SLAUGHTER JUDITH MCCANN MARSHALL ELLEN L TRUSTEES
CAMPBELL BEVERLY L GARLAND L SR
DT SHIRLEY PROPERTIES LLC
'DT SHIRLEY PROPERTIES LLC
'SHIRLEY ALLEN L ETALS
'EASY LIVING ASSOCIATES
'CUTSHAW ENTERPRISES LC
1Owner
562 MILBURN RD
L114 WINDING RIDGE LN
12455 MARTINSBURG PIKE
2455 MARTINSBURG PIKE
2455 MARTINSBURG PIKE
2489 -3 MARTINSBURG PIKE
1P0 BOX 805
'Mailing Address
'WINCHESTER VA
'WINCHESTER VA
'STEPHENSON VA
STEPHENSON VA]
'STEPHENSON VA
STEPHENSON VA
'MORGANTON NC
'City State
22603
22603
122656
22656
22656
226561
28680
ZIP
965
626
Deed Book
0
1252
10
0
810
0
Page
12001
O
12006
'20
12006
1
2004
'Instrument Yr.jj
112943
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[19976
119976 J
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0
20302
Instrument No._ J
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SCALE: 1 Inch equals 200 feet
0
F; CD
0
REZONING
FREDERICK COUNTY, VIRGINIA
DATE: 3 -16 -09 'PROJECT ID: 4906
BISHOP -AMARI PARCEL, ROUTE 11 NORTH
ADJOINING PROPERTY OWNERS MAP
STONEWALL MAGISTERIAL DISTRICT
DESIGNED BY: DWE
REZONING
ADJOINING PROPERTY
OWNERS MAP
BISHOP -AMARI PARCEL
ROUTE 11 NORTH
Et* timers
8or'0 ynrs
GREENWAY ENGI
I51 Windy Hill Tana
Winchester, Virginia 22102
Telephone 540- 682 -4160
FAX 580 -•722 -952.8
wsw greanwaynng, Cam
REZONING
BISHOP -AMARI PARCEL, ROUTE 11 NORTH
LOCATION AND ZONING MAP
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 3 -16 -09 (PROJECT ID: 4906
DESIGNED BY: DWE
SCALE: 1 Inch equals 600 feet
REZONING
LOCATION AND ZONING MAP
BISHOP -AMARI PARCEL
ROUTE 11 NORTH
utart
Englneara
Surveyors
Telaphone 640 -552- 4186
FAX 540 722 -9325
snow greenwayeng.com
,>NN
OREENWAY ENOI
151 Windy HIll lane
Winchester, Virginia 22602
BISHOP -AMARI PARCEL, ROUTE 11 NORTH
REZONING
AERIAL OVERVIEW
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 3 -16 -09
PROJECT ID: 4906
DESIGNED BY: DWE
SCALE: 1 Inch equals 200 feet
REZONING
AERIAL OVERVIEW
BISHOP -AMARI PARCEL
ROUTE 11 NORTH
6aundad to r9rf
Eugleears
:urveyore
GREENWAY ENGIN
151 iRndy Hill 'fare
Xlncliester, Virglnl0 22V2
Telephone 540 562-- 41135
FAX 540 722- -9526
wmr grconwayeng.cam
(Name) Thomas Amari
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 These Presents: That I (We)
(Address) 285 Boggess Lane Winchester VA 22603
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. 080005787 on Page and is described as
Parcel: 44 Lot: 43 Block: A Section: Subdivision:
do hereby make. constitute and appoint:
(Name) Greenway Engineering, Inc. (Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane Winchester, 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 Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
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.
In witness thereof, I (we) h •hereto set our) hand and seal this Zoo' day of AK=c 1, 200 9
Signature(s)
Notary Public
Revised 3/17/08
State of Virginia, 'ay/
I,' I ont f'feli5o, a Notary Public in and for the jurisdiction aforesaid, certify that the person(
signed to the foregoing instrument and who I (are) known to me, personally appeared before me an ally%
ac a ledged the same before me in the jurisdiction aforesaid this 1a day of A vi t 200 9
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
(Phone) (540) 974 -1175
My Commission Expires: deb Z'I, 210)2_
Registration ?AG, I 0 co
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 These Presents: That I (We)
(Name) Gregory A. Bishop
(Address) 285 Boggess Lane Winchester VA 22603
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. 080005787 on Page and is described as
Parcel: 44 Lot: 43 Block: A Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering, Inc. (Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane, Winchester 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 Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
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.
In witness thereof (d have hereto set my r) hand and seal this day of 200
Signature(s) /�.i�
Notary Public
Revised 3/17/08
tare of Virginia, City
nrt
1, Dot L.NcLi5Q, a Notary Public in and for the jurisdiction aforesaid, certify that the person
signed to the foregoing instrument and who I (are) known to me, personally appeared MI, me an
M
ac no ledged the same before me in the jurisdiction aforesaid this7o -h day of 200 9
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
(Phone) (540) 974 -1175
f Frede✓ic k- To-wit:
My Commission Expires: Pb 21, 2_012-
Registration 2- el lob
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 These Presents: That I (We)
(Name) Thomas Amari
Instrument No. 080005787 on Page and is described as
Parcel: 44 Lot: 43 Block: A Section: Subdivision:
do hereby make, constitute and appoint:
Signature(s)
Notary Public
Revised 3/17/08
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
(Phone) (540) 974 -1175
(Address) 285 Boggess Lane Winchester, VA 22603
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
(Name) Greenway Engineering, Inc. (Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane, Winchester 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 Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
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. MM q�
In witness thereof, I (we) have hereto set my (our) hand and seal this day of 200
State of Virginia. Cit f Fred'eV To -wit:
4
z 0
1, a Notary Public in and for the jurisdiction aforesaid, certify that the perso S.Who
signed to the foregoing instrument and who I (are) known to me. personally appeared before me a f itioltt•' O
ac !edged the same before me in the jurisdiction aforesaid this Zoila day of Mcwcht200 9 -t
s
My Commission Expires: (I2 -d1Z_ !tr f,9 tv!'
Z
Registration Z°t 6 10 to
''EX. GRAVE
DPoVWAY
IMP
PIN 44 —A -43
2.7760 ACRES
EGEND
IRS IRON RGD SET
BRL BUILDING RESTRIC110N UNE
WC WELL CAP
V P WOODEN LIGHT P01
EH FIRE HYDRANT 100 0 50 l®
—x FENCE UNE
8— WOOD UTILITY POI
yL OVERHEAD UDUTY UNE
RN 44-A -47
BEVERLY L GARLAND L CAMPBELL SR
CB 695 PC 1252
S
2 cp T S
USING
DWOJJNG
456
GtAVE
END2ANCE REMNANTS
OF FENCE
SEC, ROUTE 761
OLD CHARLES TOWN 4 R OA D 52t)
VARIABLE WIDTH RA
GRAPHIC SCALE
1 mm. 100 ft.
200
ID 7682 -BDS
BOUNDARY SURLY
OF THE LAND OF
GREGORY A. BISHOP AND
THOMAS AMARI
2456 MARTINSBURG PIKE
STONEWALL MA GISVER/AL DISTRICT
FREDERICK COUNTY, VIRGINIA
MAY 24, 2006
OAF
h
CURVE TABLE
CORNER POST
LINE TABLE
0
0
RN 44 -A -42
CUISNAW ELNFI/PPoSCS LC
1 INSIR. Ft40020302
1�
1 :1 A
OF FENCE 149.87`
us R N 53'4974 W
LINE
LI
BEARING
N 0578'29 E
O /ST.
40.56'
NOTES:
1. NO RILE REPORT FURNISHED.
2 PROPERTY IDENTIFICATION Na 44 -A -43
3. EASEMENTS MAY EX /ST THAT ARE NOT SHOWN ON THIS PUT.
4. BOUNDARY /NFORMA BON SHOWN HEREON IS BASED UPON AN ACTUAL FIELD RUN SURVEY COMPLETED ON APRIL
26, 2006 AND ORIENTED TO A PUT OF SURVEY EN7/RED PLAT OF A SURVEY MADE FOR PIE HE /RS OF GEORGE
MASON' DATED JUNE 21, 1974, PERFORMED BY C. H. KIRKLAND, C.C.S. AND RECORDED IN DEED BOOK 438 AT PACE
597.
N0.
CI
RADIUS
716.20'
ARC
153.08'
TAN
76.83'
BEARING
N 4979:16' W
CHORO
152.79'
DELTA
1274'47'
MARSH LEGGE
560 NORTH LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
Land Surveyors, P.L.C. PHONE FAX (540) 667 -0468