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HomeMy WebLinkAbout03-09 ApplicationAugust 13, 2009 Dear Patrick: Sincerely, MTR/bhd Attachment Mr. Patrick Sowers Patton Harris Rust Associates 117 E. Piccadilly St. Winchester, VA 22601 Michael T. Ruddy Deputy Planning Director RE: REZONING #03 -09, WALGREENS DAIRY CORNER PLACE PINS: 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2 AND A PORTION OF 54- A -112C FILECOPY COUNTY of FREDERICK 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 August 12, 2009. The above referenced application was approved to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District, and 0.9 acres from B2 to B2 District, totaling four acres, with proffers, for Commercial Uses (pharmacy and general commercial uses proffered). The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place, in the Red Bud Magisterial District. The proffer statement, dated September 4, 2008, with final revision date of June 29, 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. cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Eastside Holdings, LLC, PO Box 31, Winchester, VA 22604 220 Seafood Restaurant, LLC, 238 Hanging Tree Rd., Winchester, VA 22603 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REZONING APPLICATION #03 -09 WALGREENS -DAIRY CORNER PLACE Staff Report for the Board of Supervisors Prepared: August 3, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 12/17/08 Tabled by Applicant 06/17/09 Recommended approval Board of Supervisors: 07/22/09 Tabled by the Board of Supervisors 08/12/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, for a total of 4 acres with proffers, for commercial uses (pharmacy and general commercial uses proffered). LOCATION: The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place. EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 08/12/09 BOARD OF SUPERVISORS MEETING: Following the Board of Supervisors Public Hearing, the Board postponed action on this request to allow the Board additional time to evaluate the request. During the meeting, the Board of Supervisor's discussion revolved around the future use of Dairy Corner Place and level of service concerns on the adjacent roads and intersections. The Application has not been modified since the 07/22/09 Board of Supervisors meeting. The previously offered executive summary and staff conclusion for the Board's 07/22/09 meeting remains valid and is as follows: EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 07/22/09 BOARD OF SUPERVISORS MEETING: This application to rezone six entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District and existing B2 (Business General) to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. There was discussion among Commission members regarding the left-turn lane for Dowell J. Howard Vocational- Technical Center and the improvements along Valley Mill Road. The Applicant provided a revised final proffer statement dated June 29, 2009 which addressed the recommendations of the Planning Commission. The following concern identified during the review of the application remains. Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 2 The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service is not fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site and would typically be required through the development of the site. Additional consideration of off -site improvements to Valley Mill Road may be warranted as noted in the staff report. Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 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. Reviewed Action Planning Commission: 12/17/08 Tabled by Applicant 06/17/09 Recommended approval Board of Supervisors: 07/22/09 Tabled by the Board of Supervisors 08/12/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres, with proffers, for commercial uses (pharmacy and general commercial uses proffered). LOCATION: The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54F -1 -9, 54F -1 -9A, 54F -A -30. 54F -3 -A, 54F -3 -A1, 54F -3 -A2 and a portion of 54- A -112C. PROPERTY ZONING: RP (Residential Performance) B2 (Business General) PRESENT USE: ResidentialNacant /Former Restaurant ADJOINING PROPERTY ZONING PRESENT USE: North: B2 (Business General) Use: Winchester Gateway Commercial South: RP (Residential Performance) Use: Residential /Dowell J. Howard East: B2 (Business General) Use: Commercial (220 Seafood) RP (Residential Performance) Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Residential Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 4 REVIEW EVALUATIONS: Frederick County Transportation: Please see additional remaining Frederick County Transportation Comments provided by Mr. John Bishop on page 7 of this report: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7 and Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Walgreens-Dairy Corner Place rezoning revised application dated May 6, 2009 addresses transportation concerns associated with this request. Fire Marshal: Plan approval recommended. Public Works Department: Refer to Land Use, page 1: Discuss the demolition of the three residential dwellings and any appurtenant structures with a reference to proper abandoning of wells and/or drainfields in accordance with health department requirements. Because of the anticipated age of the existing dwellings (constructed prior to 1978). asbestos inspections will be required prior to demolition. These inspections could be performed in conjunction with an overall environmental site assessment. Refer to Access and Transportation, page 2: The existing intersection of Dairy Comer Place and the entrance drive to the old 200 Restaurant site does not provide for safe left-hand turns onto Route 7. Include required improvements at this location to accommodate ingress and egress traffic using Dairy Comer Place to access the proposed Walgreens site. Any proposed improvements should also be reflected in the proffer statement. Impact Analysis: Provide a detailed discussion of the site drainage and proposed stormwater management improvements. Any stormwater management facilities must be designed to meet or exceed the current BMP requirements specified by the Virginia Department of Conservation and Recreation. The stormwater analysis should evaluate the need for improvements to the culvert under the entrance to the 200 property. Consideration should be given to a regional stormwater facility which will also accommodate storm drainage from the adjacent Burns' property. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: Sewer and water are available to this site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: No objections as long as no wells or septic systems are being impacted from construction on neighboring properties. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that while Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 5 the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. Department of Parks Recreation: No comment. Winchester Regional Airport: It is determined that the proposal will not impact operations at the Winchester Airport. Frederick County Attorney: Please see attached letter date from Roderick B. Williams. County Attorney. Planning Department: Please see attached Memo dated November 20, 2008from Michael T. Ruddy, A/CP. Deputy Planning Director. Planning Zoning: Site History In 2002, the property for which this rezoning being requested was subject to rezoning application RZ #06 -02. This application was very similar to the current request in that it was for a B2 (Business General) commercial zoning with proffers. The Planning Commission recommended denial of this request at their 09/04/02 meeting. The Applicant subsequently withdrew this request by letter dated September 19, 2002 prior to it being presented to the Board of Supervisors. Transportation concerns appeared to be a significant issue at that time. The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R -2 District zoning classification was modified to RP (Residential Performance) during the comprehensive amendment to the county's Zoning Ordinance. The additional 0.9 acres that was added to this rezoning application is depicted on the original Frederick County Zoning map (USGS Winchester Quadrangle) with the B2 (Business General) District. Please note that this application is a new version of RZ12 -08 which was previously heard by the Planning Commission on December 17, 2008 and subsequently tabled for an unspecified period of time based upon a request by the Applicant. The Applicant officially withdrew RZ12 -08 to proceed with RZ03 -09 which supersedes the original application. This new application, RZ03- 09, is substantially different in that it includes the additional property (0.9 acres) mentioned above. Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 6 1) Comprehensive Policv 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 -11 Land Use The property is within the UDA and S W SA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. The business corridor expectations of the Comprehensive Plan should be recognized. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Place, and ultimately Route 7 should be avoided. In addition, future improvements to Route 7 and the 1 -81 interchange may need to use some part of the existing VDOT right of way of Dairy Corner Place in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. To that end, this revised application does not propose an additional commercial entrance on to Route 7 but rather uses the existing Martin Drive entrance onto Route 7 currently providing access to the commercially zoned property that was formerly the home of the 220 Seafood Restaurant. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Valley Mill Road and a secondary access point is proposed to be provided from Route 7 (Berryville Pike) via a full and improved commercial entrance onto Route 7 at its existing intersection with Martin Drive. This is the entrance to the former 220 Seafood property. This revised access to the site, which includes an internal access road connecting the sites two points of access, will provide a better approach to site access and circulation and will improve an existing commercial entrance to current VDOT Standards. Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 7 It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin Drive through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. One point of inter parcel connectivity has been addressed which would provide access to the Burns property. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, to Martin Avenue and to the Route 7 frontage, and along the Route 7 frontage. Presently, only a bike path along Valley Mill Road is provided. It is suggested that existing Dairy Corner Place could be used as a hiker biker trail. This has merit. However, some additional modifications to the points where Dairy Place Corner intersects with Martin Drive and Valley Mill Road may be necessary. 2) Site Suitability /Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, fioodplain or wetlands on the parcels which are identified in this application. A more thorough evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. It would appear as though a couple of mature trees exist in the front of the property and it would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. 3) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level ofservice. Not all of these improvements will be in place and not all improvements are being provided It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with 1 -81 and Valley Mill Road The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill /Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 8 The closure of Dairy Corner Place in the manner identified in the application, and potentially at Martin Drive, should be achieved as part of the development of this site. The 5 year sunset clause on this closure and the future impacts of constructing this improvement are not desirable. It was noted previously that it would be desirable to provide for additional improvements on Valley Mill Road in the vicinity of this site. This could be done in two ways: 1) by extending the improvements back to existing Martin Drive, and 2) by providing an offsetting left turn on Valley Mill Road at the projects entrance which would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach was originally considered with this request. It was previously stated that the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. With this revised application, the applicant has eliminated any monetary contribution aimed at mitigating the broader transportation impacts of this request on the area transportation network. Additional Remaining Frederick County Transportation Comments: Staff would reiterate that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. Staff would continue to point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent of what was proffered for another recent pharmacy rezoning. However. that rezoning was approximately 15,000 square feet compared to this site's proposed 25,000 square feet and that rezoning was located in an area of much lower traffic congestion. Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 9 B. Design Standards The application does not provide for the addition of an enhanced landscaping buffer area along the properties frontage with Route 7. The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. Given the adjacent residentially zoned properties to the east and west of this site, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. The proposed placement of street trees could be further enhanced with additional plantings and distance. This application has provided for additional street tree planting along the properties' road frontages. In addition, an exhibit has been proffered which generally guides the design materials and elevation of the proposed pharmacy D. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 4) Proffer Statement Dated September 4, 2005 with latest revision June 29, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through May 22, 2009) for the site. The GDP shows a full entrance on Martin Drive and a full entrance on Valley Mill Road. The internal access road connecting the two entrances is shown. The location of a potential location for inter parcel connections is also shown on the GDP. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. It may be prudent to provide more specificity on important elements such as landscaping, buffering, and site layout. The GDP is used to identify the general location of the additional street trees. B) Land Use The Applicant has stated that they intend to develop the property with up to 15,000 square feet of pharmacy use and up to 10,000 square feet of other B2 uses on the property. The Applicant has restricted the other B2 uses to prohibit gasoline service stations, convenience stores, and fast food restaurants. This generally remains consistent with the TIA. Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 10 C) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the southeast corner of the site. Further, the general location of the internal street connection is identified. Improvements to the east side of Valley Mill Road across the properties frontage including improvements to the north bound leg of the Valley Mill Road and Route 7 intersection are provided, as is the dedication of any necessary right -of -way needed to make the improvements. Ultimately, Valley Mill Road is planned to not connect with Route 7 in its current location. Significant improvements in this location may further compromise the ability to implement the long term improvements in this general area. Regardless, any improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. The Applicant has eliminated the proffered $10,000 contribution for future transportation improvements within the general vicinity of the property. Previously, it was stated that the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement or address additional impacts that could be associated with this request. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. This comment remains valid. The Applicant has proffered to close the existing access from Dairy Place C omer to Valley Mill Road. The Applicant has proffered to design the future closure of Dairy Place Corner to be utilized as a hiker /biker trail along the property frontage with Route 7 /Dairy Corner Place. Dairy Corner Place should be modified if it is to be used as such a facility, particularly where it connects with Valley Mill and Martin Drive and such modification should be done with the redevelopment of this site. D) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 11 STAFF CONCLUSIONS FOR THE 06/17/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan, in particular the Route 7 Business Corridor Plan and the Eastern Road Plan. Particular attention should be paid to the transportation impacts associated with this request and how this application addresses the off -site impacts. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not fully recognized. Additional corridor enhancement elements such as landscaping and distance should be provided. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/17/08 MEETING: Two citizens spoke during the public comment portion of the hearing. The first citizen was concerned about the appearance of entrances into historic Winchester and believed standards dealing with architectural design, roof styles, and types and sizes of buffers, etc., should be considered besides solely transportation issues. The other citizen was concerned about how the proposed rezoning may affect a commercial property on Dairy Comer Place that his family owned and was trying to sell. The Planning Staff provided the background information and report. The County's Transportation Planner reviewed VDOT's 1998 Transportation Plan for this area, which called for the removal of the traffic signal on Route 7 and closure of the access point between Valley Mill and Route 7. He talked about the County's most recent update of the Eastem Road Plan, dated November 2006, which showed the realignment of Valley Mill with Gateway Center as the new access point to Route 7 from Valley Mill Road. He also pointed out a potential traffic conflict at the shared entrance with the 220 Seafood site. In addition, there were questions about the adequacy of the monetary proffer as compared with another recently approved pharmacy in the County. Furthermore, it was noted that the Comprehensive Policy Plan advises not to impose more traffic on situations where there are congested roadways. Commission members questioned whether two entrances were necessary for this site. Staff was primarily opposed to the second entrance on Dairy Corner Lane. They suggested the applicant work on a better solution, possibly in conjunction with the owners of the 220 Seafood site or with the Burns property on the other side. The applicant reviewed their proffers with the Commission which included a ten -foot right -of -way dedication along Valley Mill Road; an additional turn lane at the Route 7 intersection; a dedicated left- turn lane for traffic going east -bound on Valley Mill into the site; and improvements required by VDOT at the Martin Drive right -in, right -out. The applicant said he was quite familiar with VDOT's 19981 -81 Plan; he said VDOT had suggested a cash proffer, rather than specific road improvements. The applicant described the details of their methodology for calculating their cash proffer and believed the amount of their proffer exceeded the amount recommended by the Comprehensive Policy Plan. The Rezoning #03 -09 Walgreens -Dairy Corner Place August 3, 2009 Page 12 applicant stated if staff is suggesting their proffer was inadequate, the staff should provide direction on a methodology to calculate the amount based on the Comprehensive Policy Plan and the TIA. Members of the Commission stated they could not support the rezoning request with a proposed entrance on Dairy Corner Place. Commissioners expressed concerns about safety with that entrance and, in addition, it was inconsistent with the County's long -range planning. The VDOT representative said VDOT preferred the entrance off of Valley Mill Road. A member of the Commission also had concerns with some of the terminology used in the language of the proffer statement and he spoke with applicant about possible revisions. The applicant said he could not revise the language in the proffer or agree to eliminate the second entrance without first consulting with the principals at Walgreens. The applicant requested the rezoning application be tabled for 45 days so that he could meet with the principals at Walgreens to determine if they would accept only one entrance for this site or if the applicant could work out an agreement with the adjoining property owners. By a unanimous vote, the Planning Commission accepted the applicant's request to table consideration for 45 days. (Note: Commissioners Mohn, Watt, and Ours were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/17/09 MEETING: The applicant presented a revised GDP showing the closure of access to Dairy Corner Place and the proposed new internal access road with a commercial entrance on Valley Mill Road and use of the existing 220 Seafood connection to Route 7. The applicant described their proposed lane improvements on Valley Mill Road, the pedestrian connection, and street trees along Valley Mill Road and Route 7. The applicant noted that due to the significant costs of purchasing the additional property and constructing the internal access road, they eliminated the $10,000 cash proffer offered with the earlier version of the plan. In addition, they've eliminated the high -trip generators from the uses and are simply offering 10,000 square feet of retail with proffers. Members of the Commission commented that along with the applicant's new commercial entrance on Valley Mill Road and their proposed lane improvements, including a left -turn lane into their site, they would have preferred to see the applicant extend those improvements further back toward Martin Drive. An additional 200 feet of pavement would provide the ability to have a left -turn lane into Dowell J. Howard Vocational- Technical Center in order to offer a safe left-turn movement for buses and student traffic. In addition, Commissioners commented that this area was a highly visible and well- traveled section of Route 7 and they would be in favor of eliminating street trees if the applicant would provide building design guidelines for the commercial uses going in with the Walgreens. Rezoning #03 -09 Walgreens -Dairy Corner Place July 13, 2009 Page 13 The Deputy Director- Transportation was supportive of the changes to the entrance because of the serious transportation concerns with the entrance directly onto Dairy Corner Place. From a transportation perspective, he was not too concemed about the extra square footage requested; however, he was supportive of the change to add a left-turn lane into Dowell J. Howard Vocational Technical Center. Frederick County Public Schools (FCPS) representative, Mr. Wayne Lee, agreed the left-turn lane into Dowell J. Howard Vocational Technical Center would be helpful; however, some of their concerns were offset by the applicant proffering out the traffic- intensive uses. One remaining issue for FCPS would be buses making left turns out of Dowell J. Howard and the east -bound traffic on Valley Mill Road. There were no citizen comments. There was discussion among Commission members that the left-turn lane for Dowell J. Howard Vocational Technical Center should be able to be addressed when the other properties come into play. Commissioners preferred the applicant present building design guidelines when the rezoning is considered by the Board of Supervisors. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. (Note: Commissioners Mohn and Thomas were absent from the meeting.) STAFF CONCLUSION FOR THE 07/22/09 BOARD OF SUPERVISORS MEETING: This application to rezone six entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District and existing B2 (Business General) to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. There was discussion among Commission members regarding the left-turn lane for Dowell J. Howard Vocational Technical Center and the improvements along Valley Mill Road The Applicant provided a revised final proffer statement dated June 29, 2009 which addressed the recommendations of the Planning Commission. The following concem identified during the review of the application remains. The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service is not fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site and would typically be required through the development of the site. Additional consideration of off -site improvements to Valley Mill Road may be warranted as noted in the staff report. Rezoning #03 -09 Walgreens Dairy Corner Place August 3, 2009 Page 14 BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 07/22/09 MEETING: The Board of Supervisors discussion revolved around the future use of Dairy Corner Place, which will be closed off, however the county will have the ability to use this road in the future as a pedestrian or bike facility, and level of service concerns. Chairman Shickle asked if a level of service was determined prior the proposed new traffic. Deputy Director Ruddy responded yes. The intersections will be level of service D once the improvements are made. Currently, the intersections level of service E and F. Deputy Director Bishop advised that Valley Mill Road is currently level of service E and F with the improvements, but once the background traffic is put in the level of service F. He went on to say the proposed improvements only address Valley Mill Road and the level of service there does improve from level of service E and F to level of service D. The Applicant's representative, Ron Mislowsky, Patton Harris Rust Associates, appeared before the Board. He stated the application originally was to rezone only 3 acres, but the Planning Commission did not like that proposal. He noted that under the revised proposal at left turn lane was being added at Valley Mill Road and Route 7. He went on to say the applicant tried to concentrate on providing the best impact they could. This proposal contains 15,000 square feet of pharmacy and 10,000 square feet of other retail. Mr. Mislowsky noted the applicant has proffered out convenience store and fast food restaurant uses. He stated the proposed commercial building would look like the proposed Walgreens' building. A bike trail would be provided along Valley Mill Road and Dairy Corner Place would be improved as a hike/bike trail. He went on to say the applicant originally included a $10,000 transportation proffer, but with the construction of the new road and purchase of additional property that proffer could not be maintained. He concluded by saying the applicant planned to have the store opened in 2010. There were no citizen comments during the public hearing Supervisor Lemieux apologized to the applicant that he had made an error in the location of this property and as a result was not prepared to approve the application. He went on to say he would like to table this request until the next meeting so he can have an opportunity to re- evaluate the application. Upon a motion by Supervisor Lemieux, seconded by Supervisor DeHaven, the Board postponed the Rezoning until the August 12, 2009 meeting. The Application has not been modified since the 07/22/09 Board of Supervisors meeting. 1111111 11111111111111 11111111 ,,1 /ii ®►u�un 111111111111 1111111111111 1 w 0 100 200 400 Feet Revised Walgreens Dairy Corner Plac REZ 03 09 PIN: 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -A -A2, 54F -3- P SI Future Rt37 Bypass Zonin io Application aw Urban Dcrdopmen[Arca SWSA OP alb g M2 (Industrial, General District) BI (Business, Neighborhood District) MHl (Mobile Home Community Dh B2 (Business, General Dislrist) MS (Medical Support District) B3 (Business, Industrial Transition District) OP R4 (Residential Planned Community EM (Estraclire Manufacturing District) R5 (Residential Recreational Comm HE (Higher Education District) RA (Rural Area District) MI (Industrial, Light District) RP Residential Performance Distric Map Document (F 1_1_Locator Mps12009) REZ0309 _Watgreen mxd) 5/2 Location Map Plat Deed of property Verification of taxes paid To be completed by Planninig'Sta 1. Applicants: Name: Patton Harris Rust Associates Address: 117 East Piccadilly Street 2. Property Owner (if different than above) Name: Eastside Holdings LLC Address: P.O. Box 31 Winchester, VA 22604 Name: 220 Seafood Restaurant, LLC Address: 238 Hanging Tree Road Winchester, VA 22603 3. Contact person(s) if other than above Name: Patrick Sowers w /PHRA REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Fee' Zoning Amendment Nwnber Date Received. :PC Hearing Date .474t. Io /l'7 /I1g BOS Bearing Date -/7 j .2 .2 The following infonnation 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. Winchester, Virginia 22601 Telephone: Telephone: 4. Checklist: Check the following items that have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement Telephone: (540) 667.2139 Telephone: (540) 667.2139 Acres Current Zoning Zoning Requested 3.1 RP B2 0.9 B2 B2 4.0 Total acreage to be rezoned Magisterial: Red Bud Fire Service: Greenwood Rescue Service: Greenwood Eastside Holdings LLC Red Leaf Development 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 7. Adjoining Property: SEE ATTACHED. 220 Seafood Restaurant LLC 6. A) Current Use of the Property: Residential and Vacant B) Proposed Use of the Property: Commercial 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road and also adjacent to Dairy Corner Place. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number: 54F -1 -9A, 54F -1 -9, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2, and portion of 54- A -112C. Districts High School: James Wood Middle School: JWMiddle Elementary School: Redbud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. 2 1 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi Family Non Residential Lots Office Retail Restaurant 12. Signature: 10,000 Mobile Home Hotel Rooms Square Footage of Proposed Uses Service Station Manufacturing Flex Warehouse Other (Pharmacy) 15,000 1 (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. 1 (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) 1����/ Q Date S zz v? 3 Name Property Identification Number (PIN) Address Name: David and Svetlana Burns Property 54- A -112Q, 54- A -112D AND 54- A -112P 1675 Fort Braddock Street Winchester, VA 22601 Name: Property 220 Seafood Restaurant, LLC 54 -A -113 238 Hanging Tree Road Winchester, VA 22603 Name: Property Win, LLC 54 -A -99E 1100 Fifth Ave S, Ste 210 Naples, FL 34102 Name: Property Frederick County School Board 54 -A -114 PO Box 3508 Winchester, VA 22604 Name: Property Ariosto and Maria Sorto 54F -1 -7, 54F -1 -3 and 54f -1 -5 1 Country Club Drive Leesburg, VA 20175 Name: Property State Highway 54F -A -30A PO Box 2249 Staunton, VA 24402 Name: Property Willie and Angela Shoemaker 54F -1 -8 286 Huntersridge Drive Winchester, VA 22602 Name: Property Betty Garrett 54F -1 -6 147 Dowell J. Circle Winchester, VA 22602 Name: Property Winchester Land Holdings LLC 54 -A -99L 1625 Apple Blossom Dr Winchester, VA 22601 Name: Property 220 Seafood Restaurant, LLC 54- A -112A 238 Hanging Tree Road Winchester, VA 22603 Name: Property Jack Johnson et als 54 -5 -10 115 Firelock Ct Winchester, VA 22602 Name: Property Barbara Ganse 54 -A -111 238 Hanging Tree Road Winchester, VA 22603 Name: Property Bertha Sherman 541 -1 -1 217 Valley Mill Rd Winchester, VA 22602 Name: Property Commonwealth of Virginia 54- A -110A P.O. Box 2249 Staunton, VA 24402 Name: Property Bruce and Wanda Miller 54- A -112F 1037 Front Royal Pike Winchester, VA 22602 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2n floor of the Frederick County Administrative Building, 107 North Kent Street. 4 Name: Property CCD Capital Investments 54- A -112G P.O. Box 31 Winchester, VA 22604 Name: Property Harry Hamilton 54- A -112M 113 Plainfield Dr Winchester, VA 22602 Name: Property Eric and Margo Lassiter 54- A -112N 13974 Blazer Lane Lovettsville, VA 20180 Name: Property Eddie and Anita Farmer 54 -A -1120 1818 Valley Avenue Winchester, VA 22601 5 Know All Men By Those Present: That I (We) (Name) Eastside Holdings, LLC (Address) P.O. Box 31, Winchester, VA 22601 Instrument Number: 070018868 and is described as dress) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 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, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 665-6395 (Phone) 540.450.0142 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 Tax Map Parcel 54F -I -9, 54F -I -9A, 54F -A -30 54F -3 -A, 54F -3 -Al, 54F -3 -A2 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust Associates (Phone) 540.667.2139 act as my taste and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved pi conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I we) have ereto set my (our) hand and seal this day of ADD a Signature(s) slab ,�ViVC /0 A4 State ofVirgt lsyCii�ty ounty of LL I t �1 p oet in ,a Notary Public in and for the jurisdiction aforesaid; cert y, that the person(s) who signed to the foregoing instrument personally appeared before me and ._1 l c acknowledged the same before me in the jurisdiction aforesaid this k day ff (2e_�" 200 O. Litt. ncaz t y My Commission Expires: 3 9 -0 i 0 •taryj,ublic ,To -wit: Know All Men By Those Present: That I (We) Deed Book: 862 Page: 1298 and is described as Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vans Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facehnile 540-665-6395 (Name) 220 Seafood Restaurant, LLC (Phone) (Address) 238 Hanging Tree Rd 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 Tax Map Parcel 54 -A -1 12C Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proff 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, (we) have hereto set my (our) hand ya this Z 7 r day of 200 Signature(s) ,a &n 11.t� `n..l State of Virginia, City /County of r!'ZO a r CC ,To -wit: 1 tA t r i d e_e 1 n w n C S ia Notary Public in and fix the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2- day of MA'( 200 9 k AX w Notary Public My Commission Expires: IA 2.0()9 3101 OQ REZONING APPLICATION #03 -09 WALGREENS -DAIRY CORNER PLACE Staff Report for the Board of Supervisors Prepared: July 13, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/17/09 Recommended approval Board of Supervisors: 07/22/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, for a total of 4 acres with proffers, for commercial uses (pharmacy and general commercial uses proffered). LOCATION: The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place. EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 07/22/09 BOARD OF SUPERVISORS MEETING: This application to rezone six entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District and existing B2 (Business General) to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. There was discussion among Commission members regarding the left -turn lane for Dowell J. Howard Vocational Technical Center and the improvements along Valley Mill Road. The Applicant provided a revised final proffer statement dated June 29, 2009 which addressed the recommendations of the Planning Commission. The following concem identified during the review of the application remains. The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service is not fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site and would typically be required through the development of the site. Additional consideration of off -site improvements to Valley Mill Road may be warranted as noted in the staff report. Reviewed Planning Commission: 06/17/09 Board of Supervisors: 07/22/09 Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2008 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 Action Recommended approval Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres, with proffers, for commercial uses (pharmacy and general commercial uses proffered). LOCATION: The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -Al, 54F -3 -A2 and a portion of 54- A -112C. PROPERTY ZONING: RP (Residential Performance) B2 (Business General) PRESENT USE: ResidentialNacant/Former Restaurant ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: B2 (Business General) RP (Residential Performance) B2 (Business General) RP (Residential Performance) RP (Residential Performance) B2 (Business General) Use: Use: Use: Use: Winchester Gateway Commercial Residential /Dowell J. Howard Commercial (220 Seafood) Residential Residential Residential Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 3 REVIEW EVALUATIONS: Frederick County Transportation: Please see additional remaining Frederick County Transportation Comments provided by Mr. John Bishop on page 7 of this report: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7 and Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Walgreens -Dairy Corner Place rezoning revised application dated May 6, 2009 addresses transportation concerns associated with this request. Fire Marshal: Plan approval recommended. Public Works Department: Refer to Land Use, page 1: Discuss the demolition of the three residential dwellings and any appurtenant structures with a reference to proper abandoning of wells and/or drainfie]ds in accordance with health department requirements. Because of the anticipated age of the existing dwellings (constructed prior to 1978), asbestos inspections will be required prior to demolition. These inspections could be performed in conjunction with an overall environmental site assessment. Refer to Access and Transportation, page 2: The existing intersection of Dairy Corner Place and the entrance drive to the old 200 Restaurant site does not provide for safe left-hand turns onto Route 7. Include required improvements at this location to accommodate ingress and egress traffic using Dairy Corner Place to access the proposed Walgreens site. Any proposed improvements should also be reflected in the proffer statement. Impact Analysis: Provide a detailed discussion of the site drainage and proposed stormwater management improvements. Any stormwater management facilities must be designed to meet or exceed the current BMP requirements specified by the Virginia Department of Conservation and Recreation. The stormwater analysis should evaluate the need for improvements to the culvert under the entrance to the 200 property. Consideration should be given to a regional stormwater facility which will also accommodate storm drainage from the adjacent Bums' property. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: Sewer and water are available to this site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: No objections as long as no wells or septic systems are being impacted from construction on neighboring properties. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that while Rezoning #03 -09 Walgreens -Dairy Corner Place July 13, 2009 Page 4 the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. Department of Parks Recreation: No comment. Winchester Regional Airport: It is determined that the proposal will not impact operations at the Winchester Airport. Frederick County Attorney: Please see attached letter date from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated November 20, 2008 from Michael T Ruddy, AICP, Deputy Planning Director. Planning Zoning: Site History In 2002, the property for which this rezoning being requested was subject to rezoning application RZ #06 -02. This application was very similar to the current request in that it was for a B2 (Business General) commercial zoning with proffers. The Planning Commission recommended denial of this request at their 09/04/02 meeting. The Applicant subsequently withdrew this request by letter dated September 19, 2002 prior to it being presented to the Board of Supervisors. Transportation concerns appeared to be a significant issue at that time. The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R -2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. The additional 0.9 acres that was added to this rezoning application is depicted on the original Frederick County Zoning map (USGS Winchester Quadrangle) with the B2 (Business General) District. Please note that this application is a new version of RZ 12 -08 which was previously heard by the Planning Commission on December 17, 2008 and subsequently tabled for an unspecified period of time based upon a request by the Applicant. The Applicant officially withdrew RZ12 -08 to proceed with RZ03 -09 which supersedes the original application. This new application, RZ03- 09, is substantially different in that it includes the additional property (0.9 acres) mentioned above. Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 5 1) 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 conununity life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan. p. 1 -1] Land Use The property is within the UDA and S W SA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. The business corridor expectations of the Comprehensive Plan should be recognized. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Comer Place, and ultimately Route 7 should be avoided. In addition, future improvements to Route 7 and the I -81 interchange may need to use some part of the existing VDOT right of way of Dairy Corner Place in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. To that end, this revised application does not propose an additional commercial entrance on to Route 7 but rather uses the existing Martin Drive entrance onto Route 7 currently providing access to the commercially zoned property that was formerly the home of the 220 Seafood Restaurant. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Valley Mill Road and a secondary access point is proposed to be provided from Route 7 (Berryville Pike) via a full and improved commercial entrance onto Route 7 at its existing intersection with Martin Drive. This is the entrance to the former 220 Seafood property. This revised access to the site, which includes an internal access road connecting the sites two points of access, will provide a better approach to site access and circulation and will improve an existing commercial entrance to current VDOT Standards. Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 6 It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter- parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin Drive through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. One point of inter parcel connectivity has been addressed which would provide access to the Burns property. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, to Martin Avenue and to the Route 7 frontage, and along the Route 7 frontage. Presently, only a bike path along Valley Mill Road is provided. It is suggested that existing Dairy Corner Place could be used as a hiker biker trail. This has merit. However, some additional modifications to the points where Dairy Place Corner intersects with Martin Drive and Valley Mill Road may be necessary. 2) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. A more thorough evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. It would appear as though a couple of mature trees exist in the front of the property and it would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. 3) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level of service. Not all of these improvements will be in place and not all improvements are being provided. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with 1 -81 and Valley Mill Road The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill /Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 7 The closure of Dairy Place Comer in the manner identified in the application, and potentially at Martin Drive, should be achieved as part of the development of this site. The 5 year sunset clause on this closure and the future impacts of constructing this improvement are not desirable. It was noted previously that it would be desirable to provide for additional improvements on Valley Mill Road in the vicinity of this site. This could be done in two ways: 1) by extending the improvements back to existing Martin Drive, and 2) by providing an offsetting Left turn on Valley Mill Road at the projects entrance which would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach was originally considered with this request. It was previously stated that the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. With this revised application, the applicant has eliminated any monetary contribution aimed at mitigating the broader transportation impacts of this request on the area transportation network. Additional Remaining Frederick County Transportation Comments: Staffwould reiterate that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. Staffwould continue to point out that the current proffer package for transportation (Including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent ofwhat was proffered for another recent pharmacy rezoning. However, that rezoning was approximately 15,000 square feet compared to this site's proposed 25,000 square feet and that rezoning was located in an area of much lower traffic congestion. Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 8 B. Design Standards The application does not provide for the addition of an enhanced landscaping buffer area along the properties frontage with Route 7. The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. Given the adjacent residentially zoned properties to the cast and west of this site, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. The proposed placement of street trees could be further enhanced with additional plantings and distance. This application has provided for additional street tree planting along the properties road frontages. In addition, an exhibit has been proffered which generally guides the design materials and elevation of the proposed pharmacy D. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 4) Proffer Statement Dated September 4, 2005 with latest revision May 22, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through May 22, 2009) for the site. The GDP shows a full entrance on Martin Drive and a full entrance on Valley Mill Road. The internal access road connecting the two entrances is shown. The location of a potential location for inter parcel connections is also shown on the GDP. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. It may be prudent to provide more specificity on important elements such as landscaping, buffering, and site layout. The GDP is used to identify the general location of the additional street trees. B) Land Use The Applicant has stated that they intend to develop the property with up to 15,000 square feet of pharmacy use and up to 10,000 square feet of other B2 uses on the property. The Applicant has restricted the other B2 uses to prohibit gasoline service stations, convenience stores, and fast food restaurants. This generally remains consistent with the TIA. Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 9 C) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the southeast corner of the site. Further, the general location of the internal street connection is identified. Improvements to the east side of Valley Mill Road across the properties frontage including improvements to the north bound leg of the Valley Mill Road and Route 7 intersection are provided, as is the dedication of any necessary right -of -way needed to make the improvements. Ultimately, Valley Mill Road is planned to not connect with Route 7 in its current location. Significant improvements in this location may further compromise the ability to implement the long term improvements in this general area. Regardless, any improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. The Applicant has eliminated the proffered $10,000 contribution for future transportation improvements within the general vicinity of the property. Previously, it was stated that the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement or address additional impacts that could be associated with this request. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. This comment remains valid. The Applicant has proffered to close the existing access from Dairy Place Comer to Valley Mill Road. The Applicant has proffered to design the future closure of Dairy Place Corner to be utilized as a hiker/biker trail along the property frontage with Route 7 /Dairy Corner Place. Dairy Corner Place should be modified if it is to be used as such a facility, particularly where it connects with Valley Mill and Martin Drive and such modification should be done with the redevelopment of this site. D) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 10 STAFF CONCLUSIONS FOR THE 06/17/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan, in particular the Route 7 Business Corridor Plan and the Eastern Road Plan. Particular attention should be paid to the transportation impacts associated with this request and how this application addresses the off -site impacts. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not fully recognized. Additional corridor enhancement elements such as landscaping and distance should be provided. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/17/08 MEETING: Two citizens spoke during the public comment portion of the hearing. The first citizen was concerned about the appearance of entrances into historic Winchester and believed standards dealing with architectural design, roof styles, and types and sizes of buffers, etc., should be considered besides solely transportation issues. The other citizen was concerned about how the proposed rezoning may affect a commercial property on Dairy Corner Place that his family owned and was trying to sell. The Planning Staff provided the background information and report. The County's Transportation Planner reviewed VDOT's 1998 Transportation Plan for this area, which called for the removal ofthe traffic signal on Route 7 and closure of the access point between Valley Mill and Route 7. He talked about the County's most recent update ofthe Eastem Road Plan, dated November 2006, which showed the realignment of Valley Mill with Gateway Center as the new access point to Route 7 from Valley Mill Road. He also pointed out a potential traffic conflict at the shared entrance with the 220 Seafood site. In addition, there were questions about the adequacy of the monetary proffer as compared with another recently approved pharmacy in the County. Furthermore, it was noted that the Comprehensive Policy Plan advises not to impose more traffic on situations where there are congested roadways. Commission members questioned whether two entrances were necessary for this site. Staff was primarily opposed to the second entrance on Dairy Corner Lane. They suggested the applicant work on a better solution, possibly in conjunction with the owners of the 220 Seafood site or with the Burns property on the other side. The applicant reviewed their proffers with the Commission which included a ten -foot right -of -way dedication along Valley Mill Road; an additional turn lane at the Route 7 intersection; a dedicated left- turn lane for traffic going east -bound on Valley Mill into the site; and improvements required by VDOT at the Martin Drive right -in, right -out. The applicant said he was quite familiar with VDOT's 19981-81 Plan; he said VDOT had suggested a cash proffer, rather than specific road improvements. The applicant described the details of their methodology for calculating their cash proffer and believed the amount of their proffer exceeded the amount recommended by the Comprehensive Policy Plan. The Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 11 applicant stated if staff is suggesting their proffer was inadequate, the staff should provide direction on a methodology to calculate the amount based on the Comprehensive Policy Plan and the TIA. Members of the Commission stated they could not support the rezoning request with a proposed entrance on Dairy Corner Place. Commissioners expressed concerns about safety with that entrance and, in addition, it was inconsistent with the County's Long -range planning. The VDOT representative said VDOT preferred the entrance off of Valley Mill Road. A member of the Commission also had concerns with some of the terminology used in the language of the proffer statement and he spoke with applicant about possible revisions. The applicant said he could not revise the language in the proffer or agree to eliminate the second entrance without first consulting with the principals at Walgreens. The applicant requested the rezoning application be tabled for 45 days so that he could meet with the principals at Walgreens to determine if they would accept only one entrance for this site or if the applicant could work out an agreement with the adjoining property owners. By a unanimous vote, the Planning Commission accepted the applicant's request to table consideration for 45 days. (Note: Commissioners Mohn, Watt, and Ours were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/17/09 MEETING: The applicant presented a revised GDP showing the closure of access to Dairy Corner Lane and the proposed new internal access road with a commercial entrance on Valley Mill Road and use of the existing 220 Seafood connection to Route 7. The applicant described their proposed lane improvements on Valley Mill Road, the pedestrian connection, and street trees along Valley Mill Road and Route 7. The applicant noted that due to the significant costs of purchasing the additional property and constructing the internal access road, they eliminated the 510,000 cash proffer offered with the earlier version of the plan. In addition, they've eliminated the high -trip generators from the uses and are simply offering 10,000 square feet of retail with proffers. Members of the Commission commented that along with the applicant's new commercial entrance on Valley Mill Road and their proposed lane improvements, including a left-turn lane into their site, they would have preferred to see the applicant extend those improvements further back toward Martin Drive. An additional 200 feet of pavement would provide the ability to have a left-turn lane into Dowell J. Howard Vocational- Technical Center in order to offer a safe left-turn movement for buses and student traffic. In addition, Commissioners commented that this area was a highly visible and well traveled section of Route 7 and they would be in favor of eliminating street trees if the applicant would provide building design guidelines for the commercial uses going in with the Walgreens. Rezoning #03 -09 Walgreens -Dairy Queen Place July 13, 2009 Page 12 The Deputy Director Transportation was supportive of the changes to the entrance because of the serious transportation concerns with the entrance directly onto Dairy Corner Place. From a transportation perspective, he was not too concemed about the extra square footage requested; however, he was supportive of the change to add a left-turn lane into Dowell J. Howard Vocational Technical Center. Frederick County Public Schools (FCPS) representative, Mr. Wayne Lee, agreed the left -turn lane into Dowell J. Howard Vocational- Technical Center would be helpful; however, some of their concerns were offset by the applicant proffering out the traffic- intensive uses. One remaining issue for FCPS would be buses making left turns out of Dowell J. Howard and the east -bound traffic on Valley Mill Road. There were no citizen comments. There was discussion among Commission members that the left-turn lane for Dowell J. Howard Vocational- Technical Center should be able to be addressed when the other properties come into play. Commissioners preferred the applicant present building design guidelines when the rezoning is considered by the Board of Supervisors_ The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. (Note: Commissioners Molm and Thomas were absent from the meeting.) STAFF CONCLUSION FOR THE 07/22/09 BOARD OF SUPERVISORS MEETING: This application to rezone six entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District and existing B2 (Business General) to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The Planning Commission unanimously recommended approval of the rezoning with the revised GDP and encouraged the applicant to provide building design guidelines for the Board of Supervisors' consideration. There was discussion among Commission members regarding the left-turn lane for Dowell J. Howard Vocational- Technical Center and the improvements along Valley Mill Road The Applicant provided a revised final proffer statement dated June 29, 2009 which addressed the recommendations of the Planning Commission. The following concern identified during the review of the application remains. e The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service is not fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site and would typically be required through the development of the site. Additional consideration of off -site improvements to Valley Mill Road may be warranted as noted in the staff report. June 29, 2009 Walgreens Dairy Corner Place Exhibit A June 29, 2009 Walgreens Dairy Corner Place Exhibit A June 29, 2009 Walgreens Dairy Corner Place Exhibit A June 29, 2009 Walgreens Dairy Corner Place Exhibit A ;ION JM 1Wn JM [CKED NO. 824 -1 -0 2_200' N— CAT. N0. SURVEY PHR +A DATE SEPT. 4, 2008 SCALE 1 =30' SHEET 1 OF 1 DAIRY ORNER PLACE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA TRU GENERALIZED DEVELOPMENT PLAN 2 NO. ADD PARCEL LABELS MODIFY INTERNAL ACCESS ROADWAY A000 HIKER /BIKER TRAIL, SASEs 7 AND 8 ADDED LABELS [9108000 PROPOSED TURN LANE DESCRIPI1ON REVISION 5 /22 /e9 4/27/59 M/25/08 10/23/88 15/13 /De LATE Patton Harris Rust F. Associates,pc Engineers Surveyors. Planners. Landscape Architects. P 117 East Piccoclthy Street Winchester, VA 22601 T 540- 667 -2139 F 540 665 -0493 PPS FRS PRs 29 4 249 REV50 R.wb APRs REZONING APPLICATION #03 -09 WALGREENS -DAIRY CORNER PLACE Staff Report for the Planning Commission Prepared: June 1, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/17/09 Pending Board of Supervisors: 07/22/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0,9 acres from B2 to B2 District, for a total of 4 acres with proffers, for commercial uses (pharmacy and office uses proffered). LOCATION: The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659), adjacent to Dairy Corner Place. Please note that this application is a new version of RZ12 -08 which was previously heard by the Planning Commission on December 17, 2008 and subsequently tabled for an unspecified period of time based upon a request by the Applicant. The Applicant officially withdrew RZ12 -08 to proceed with RZ03 -09 which supersedes the original application. This new application, RZ03 -09, is substantially different in that it includes additional property. EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 06/17/09 PLANNING COMMISSION MEETING: This application to rezone five entire parcels and a portion of an additional parcel, totaling 4 acres, from the RP (Residential Performance) District to the B2 (Business General) District with proffers for commercial land uses is consistent with the land use designation of the Comprehensive Policy Plan. The following items which relate to the impacts associated with this request should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. The application should demonstrate how it addresses off -site transportation impacts. Presently, an acceptable Level of Service does not appear to be fully achieved at the intersection of Valley Mill Road, Route 7, and Interstate 81. All proposed improvements are immediately on or adjacent to the site. Additional consideration of improvements to Valley Mill Road may be warranted as noted in the staff report' Additional corridor enhancement elements such' as landscaping and distance should be provided. Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 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. Reviewed Action Planning Commission: 06/17/09 Pending Board of Supervisors: 07/22/09 Pending PROPOSAL: To rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District, totaling 4 acres, with proffers, for commercial uses (pharmacy and office uses proffered). LOCATION: The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mi11 Road (Route 659), adjacent to Dairy Corner Place. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2 and a portion of 54- A -112C. PROPERTY ZONING: RP (Residential Performance) B2 (Business General) PRESENT USE: Residential/Vacant /Former Restaurant ADJOINING PROPERTY ZONING PRESENT USE: North: B2 (Business General) Use: Winchester Gateway Commercial South: RP (Residential Performance) Use: Residential /Dowell J. Howard East: B2 (Business General) Use: Commercial (220 Seafood) RP (Residential Performance) Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Residential Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 7 and Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Walgreens -Dairy Corner Place rezoning revised application dated May 6, 2009 addresses 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: Refer to Land Use, page 1: Discuss the demolition of the three residential dwellings and any appurtenant structures with a reference to proper abandoning of wells and /or drainfields in accordance with health department requirements. Because of the anticipated age of the existing dwellings (constructed prior to 1978), asbestos inspections will be required prior to demolition. These inspections could be performed in conjunction with an overall environmental site assessment. Refer to Access and Transportation, page 2: The existing intersection of Dairy Corner Place and the entrance drive to the old 200 Restaurant site does not provide for safe left-hand turns onto Route 7. Include required improvements at this location to accommodate ingress and egress traffic using Dairy Corner Place to access the proposed Walgreens site. Any proposed improvements should also be reflected in the proffer statement. Impact Analysis: Provide a detailed discussion of the site drainage and proposed stormwater management improvements. Any stormwater management facilities must be designed to meet or exceed the current BMP requirements specified by the Virginia Department of Conservation and Recreation. The stormwater analysis should evaluate the need for improvements to the culvert under the entrance to the 200 property. Consideration should be given to a regional stormwater facility which will also accommodate storm drainage from the adjacent Burns' property. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: Sewer and water are available to this site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: No objections as long as no wells or septic systems are being impacted from construction on neighboring properties. Rezoning #03 -09 Walgreens -Dairy Corner Place June 1, 2009 Page 4 Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that while the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. Department of Parks Recreation: No comment. Winchester Regional Airport: It is determined that the proposal will not impact operations at the Winchester Airport. Frederick County Attorney: Please see attached letter date from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated November 20, 2008 from Michael T, Ruddy, AICP, Deputy Planning Director. Planning Zoning: Site History In 2002, the property for which this rezoning being requested was subject to rezoning application RZ #06 -02. This application was very similar to the current request in that it was for a B2 (Business General) commercial zoning with proffers. The Planning Commission recommended denial of this request at their 09/04/02 meeting. The Applicant subsequently withdrew this request by letter dated September 19, 2002 prior to it being presented to the Board of Supervisors. Transportation concerns appeared to be a significant issue at that time. The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R -2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. The additional 0.9 acres that was added to this rezoning application is depicted on the original Frederick County Zoning map (USGS Winchester Quadrangle) with the B2 (Business General) District. 1) 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 Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 Page 5 composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -11 Land Use The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. The business corridor expectations of the Comprehensive Plan should be recognized. Part icular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Place, and ultimately Route 7 should be avoided. In addition, future improvements to Route 7 and the I -81 interchange may need to use some part of the existing VDOT right of way of Dairy Corner Place in the future. Placing additional improvements in this right of way in support of the commercial development may compromise the ability to make needed improvements in the future. To that end, this revised application does not propose an additional commercial entrance on to Route 7 but rather uses the existing Martin Drive entrance onto Route 7 currently providing access to the commercially zoned property that was formerly the home of the 220 Seafood Restaurant. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Valley Mill Road and a secondary access point is proposed to be provided from Route 7 (Berryville Pike) via a full and improved commercial entrance onto Route 7 at its existing intersection with Martin Drive. This is the entrance to the former 220 Seafood property. Please recognize that this revised application no longer proposes indirect access onto the site via Dairy Corner Place. It was previously noted that the existing entrance at Martin Drive and Dairy Place Corner was inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provided a significant point of conflict for any additional commercial traffic. The revised access to the site, which includes an internal access road connecting the sites two points of access, will provide a better approach to site access and circulation and will improve an existing commercial entrance to current VDOT Standards. Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 Page 6 It is anticipated that redevelopment may occur on the properties to the east of this rezoning. Therefore, inter parcel connectivity should be accommodated to the adjacent property to the east in addition to any provided to Martin Drive. The location of Martin Drive provides an opportunity for an additional point of connectivity for the projects developing or redeveloping in this particular area. A future connection from Martin Drive through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. One point of inter parcel connectivity has been addressed which would provide access to the Burns property. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, to Martin Avenue and to the Route 7 frontage, and along the Route 7 frontage. Presently, only a bike path along Valley Mill Road is provided. It is suggested that existing Dairy Corner Place could be used as a hiker biker trail. This has merit. However, some additional modifications to the points where Dairy Place Corner intersects with Martin Drive and Valley Mill Road may be necessary. 2) Site Suitabilitv/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. A more thorough evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. It would appear as though a couple of mature trees exist in the front of the property and it would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. 3) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level of service. Not all of these improvements will be in place and not all improvements are being provided. It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I -81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill /Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 Page 7 The closure of Dairy Place Corner in the manner identified in the application, and potentially at Martin Drive, should be achieved as part of the development of this site. The 5 year sunset clause on this closure and the future impacts of constructing this improvement are not desirable. It was noted previously that it would be desirable to provide for additional improvements on Valley Mill Road in the vicinity of this site. This could be done in two ways: 1) by extending the improvements back to existing Martin Drive, and 2) by providing an offsetting left turn on Valley Mill Road at the projects entrance which would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach was originally considered with this request. It was previously stated that the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement. In addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. With this revised application, the applicant has eliminated any monetary contribution aimed at mitigating the broader transportation impacts of this request on the area transportation network. Additional Remaining Frederick County Transportation Comments: Staffwould reiterate that the comprehensive plan emphasizes that additional traffic should not be introduced to areas where it is not being mitigated. We would note that much of the transportation being proffered would also be required at site plan even if this property was already zoned in order to provide safe ingress and egress to the property given the traffic stacking issues in the area. Staff would note that the significant concentration of attached housing nearby would indicate an increased need for access to Route 7, for bicyclists and pedestrians trying to access shopping, not to mention patrons of this site. We would recommend consideration of enhanced bicycle and pedestrian amenities nol only to your site, but also to Route 7. Finally, staff would continue to point out that the current proffer package for transportation (including items noted in your analysis as being required for your commercial entrance) is valued at roughly the equivalent of what was proffered for another recent pharmacy rezoning. However, that rezoning was approximately 15,000 square feet compared to this site's proposed 25,000 square feet and that rezoning was located in an area of much lower traffic congestion. Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 Page 8 B. Design Standards The application does not provide for the addition of an enhanced landscaping buffer area along the properties frontage with Route 7. The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. Given the adjacent residentially zoned properties to the east and west of this site, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. The proposed placement of street trees could be further enhanced with additional plantings and distance. D. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. 4) Proffer Statement Dated September 4, 2005 with latest revision May 22, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated September 4, 2008 and revised through May 22, 2009) for the site. The GDP shows a full entrance on Martin Drive and a full entrance on Valley Mill Road. The internal access road connecting the two entrances is shown. The location of a potential location for inter parcel connections is also shown on the GDP. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. 11 may be prudent to provide more specificity on important elements such as landscaping, buffering, and site layout. Land Use The Applicant has stated that they intend to develop the property with up to 15,000 square feet of pharmacy use and up to 10,000 square feet of other 132 uses on the property. The Applicant has restricted the other B2 uses to prohibit gasoline service stations, convenience stores, and fast food restaurants. This generally remains consistent with the TIA. Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 Page 9 The applicant has not proffered any enhanced landscaping along the site's road frontages which would enhance the corridor appearance of the property and address this goal of the Comprehensive Plan. Street trees have been identified on the GDP. C) Transportation The applicant has proffered two site entrances as shown on the GDP. A location has been identified for an interparcel connection in the southeast corner of the site. Further, the general location of the internal street connection is identified. Improvements to the east side of Valley Mill Road across the properties frontage including improvements to the north bound leg of the Valley Mill Road and Route 7 intersection are provided, as is the dedication of any necessary right -of -way needed to make the improvements. Ultimately, Valley Mill Road is planned to not connect with Route 7 in its current location. Significant improvements in this location may further compromise the ability to implement the long term improvements in this general area. Regardless, any improvements to Valley Mil! Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exit to Dowell J. Howard. The Applicant has eliminated the proffered $10,000 contribution for future transportation improvements within the general vicinity of the property. Previously, it was stated that the applicant's proffered $10,000 towards such improvements would not appear to be sufficient to accomplish any significant improvement or address additional impacts that could be associated with this request. 1n addition, the planned long range transportation improvements are no closer to being designed, secured, and implemented. This comment remains valid. The Applicant has proffered to close the existing access from Dairy Place Corner to Valley Mill Road. The Applicant has proffered to construct a ten foot asphalt hiker /biker trail along the property frontage with Valley Mill Road. A similar improvement should be provided along the Route 7 /Dairy Corner Place frontage. Dairy Corner Place should be modified if it is to be used as such a facility, particularly where it connects with Valley Mill and Martin Drive. D) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 Page 10 STAFF CONCLUSIONS FOR THE 06/17/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However. elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan, in particular the Route 7 Business Corridor Plan and the Eastern Road Plan. Particular attention should be paid to the transportation impacts associated with this request and how this application addresses the off -site impacts. Transportation impacts in the vicinity of this site remain a problem and the long range transportation plans for this location are not fully recognized. Additional corridor enhancement elements such as landscaping and distance should be provided. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/17/08 MEETING: Two citizens spoke during the public comment portion of the hearing. The first citizen was concerned about the appearance of entrances into historic Winchester and believed standards dealing with architectural design, roof styles, and types and sizes of buffers, etc., should be considered besides solely transportation issues. The other citizen was concerned about how the proposed rezoning may affect a commercial property on Dairy Corner Place that his family owned and was trying to sell. The Planning Staff provided the background information and report. The County's Transportation Planner reviewed VDOT's 1998 Transportation Plan for this area, which called for the removal of the traffic signal on Route 7 and closure of the access point between Valley Mill and Route 7. He talked about the County's most recent update of the Eastern Road Plan, dated November 2006, which showed the realignment of Valley Mill with Gateway Center as the new access point to Route 7 from Valley Mill Road. He also pointed out a potential traffic conflict at the shared entrance with the 220 Seafood site. In addition, there were questions about the adequacy of the monetary proffer as compared with another recently approved pharmacy in the County. Furthermore, it was noted that the Comprehensive Policy Plan advises not to impose more traffic on situations where there are congested roadways. Commission members questioned whether two entrances were necessary for this site. Staff was primarily opposed to the second entrance on Dairy Corner Lane. They suggested the applicant work on a better solution, possibly in conjunction with the owners of the 220 Seafood site or with the Burns property on the other side. The applicant reviewed their proffers with the Commission which included a ten -foot right -of -way dedication along Valley Mill Road; an additional turn lane at the Route 7 intersection; a dedicated left- turn lane for traffic going east -bound on Valley Mill into the site; and improvements required by VDOT at the Martin Drive right -in, right -out. The applicant said he was quite familiar with VDOT's 19981 -81 Plan; he said VDOT had suggested a cash proffer, rather than specific road improvements. The applicant described the details of their methodology for calculating their cash proffer and believed the amount of their proffer exceeded the amount recommended by the Comprehensive Policy Plan. The Rezoning #03 -09 Walgreens -Dairy Queen Place June 1, 2008 Page 11 applicant stated if staff is suggesting their proffer was inadequate, the staff should provide direction on a methodology to calculate the amount based on the Comprehensive Policy Plan and the TIA. Members of the Commission stated they could not support the rezoning request with a proposed entrance on Dairy Corner Place. Commissioners expressed concerns about safety with that entrance and, in addition, it was inconsistent with the County's long -range planning. The VDOT representative said VDOT preferred the entrance off of Valley Mill Road. A member of the Commission also had concerns with some of the terminology used in the language of the proffer statement and he spoke with applicant about possible revisions. The applicant said he could not revise the language in the proffer or agree to eliminate the second entrance without first consulting with the principals at Walgreens. The applicant requested the rezoning application be tabled for 45 days so that he could meet with the principals at Walgreens to determine if they would accept only one entrance for this site or if the applicant could work out an agreement with the adjoining property owners. By a unanimous vote, the Planning Commission accepted the applicant's request to table consideration for 45 days. (Note: Commissioners Mohn, Watt, and Ours were absent from the meeting.) 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. November 10, 1998 Richard Pifer 31 South Braddock Street Winchester, Virginia 22601 RE: Martin Drive Proposed Subdivision Dear Richie: Sineeely, Please contact me with any comments. Eric R. Lawrence, AICP Zoning Administrator U:\ ERIC \COMMON\SUBDIVIS \MARTIN- 1.WPD 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/678 -0682 After a preliminary review of the above referenced project, I would offer the following comments: Martin Drive will need to be constructed to State standards, and dedicated to the County for acceptance into the State Road System. My preliminary discussions with Steve Melnikoff of VDOT revealed that minimum standards would apply to this street. In particular, Martin Drive would need to be provided with a 40 -foot right -of -way, 18 -foot wide paved surface (SM -2A), and shoulder and ditch. 2. Sidewalks will need to be provided along the property's limits on Valley Mill Road. 3. The subdivision design plan will be reviewed by both the Planning Commission and the Board of Supervisors. The subdivision application, review fee, and the required review agency comments should be submitted to the Planning Department prior to scheduling the subdivision for review by the Commission and the Board. 7.-kt 7 I k lAgrxm- tr ER Er! .5P-OW r 1.) e l ‘ka,,,,:".:,,, rt 7 0 lir I I 4 5 N 5, A 1‘).:- .31).. C PS Gat' 7 vAr p pr T ‘k=t-c----- CI Y \C O ii), e 7 0. i',., '-s 11:0/1 0' 0,0 e V i .A.. F 7 al 41, t A 9 0\ 71- e) 0 n. •0 <SN, In 14 4 7 NO 4 7 7 lt. If a' A 4 ,6 6 "S '0 19 0 /01 f N .2 ,./Y 1 -7 „..--2.7?". 2._„)..7,... ^$1;44,„, c1-.S Oa 1 '"r/0 "1 4 6_ ,A 1 9,. O. c .1 f'1 11 t/i i VI Lie j•ft•P- i .C.) 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