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HomeMy WebLinkAbout03-09 Commentsr L Frederklaemfuty9Deparinent ofiPlaunhtaildDe.velopmed C TO: Patrick Sowers FROM: Michael T Ruddy, AICP y Deputy Director RE: Department of Planning and Development 0/665 -5651 0/665 -6395 Initial Comments Walgreens, Dairy Corner Rezoning Application DATE: November 20, 2008 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK The following points are offered regarding the Walgreens, Dairy Comer Commercial Rezoning Application. This is a request to rezone 3.1 acres from RA to B2 with Proffers. Please consider the comments as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input that has previously been provided on this request. Please ensure that these comments and all review agency comments are adequately addressed. Land Use. The property is located in the area covered by the Route 7 Corridor Plan. The property is within the UDA and SWSA and is designated as an area of commercial land use. The business corridor expectations of the Comprehensive Plan should be recognized. General. Consider providing more design details, including the form of the layout of the site and the building materials, which would implement the goal of developing an attractive addition to the Route 7 corridor. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Similar projects in other developing areas of the community have attempted to address the corridor appearance efforts of the County. Such an approach may include locating the buildings on the property to the front of the site, Route 7 and Valley Mill Road, and limiting the amount of parking in front of the buildings in favor of providing more parking internal to the sight. Initial Comments Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 2 Transportation. This application should focus on the entrance to Valley Mill Road, Valley Mill Road, and an enhanced interparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. 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. Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Corner Place, and ultimately Route 7 should be avoided. The existing entrance at Martin Drive and Dairy Place Comer appears to be inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional commercial traffic. 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 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 The function of the existing signal at Valley Mill Road and Route 7 should continue to be enhanced and improvements to Valley Mill Road should be promoted. 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. It is anticipated that additional right -of -way and improvements may be necessary along Valley Mill Road. Future right -of -way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. This may warrant a greater amount of dedication than the proffered 10'. More detail should be provided regarding Martin Avenue and its intersection with Valley Mill Road. This intersection appears to be approximately 150' from this property. Martin Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving the frontage of Valley Mill Road and the entrance to Martin Avenue to a public street standard that meets all current standards. This application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Valley Mill Road and Martin Drive. Initial Comments Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 3 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 through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. 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. 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 should be considered with this request relative with the scale of this request. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Avenue, and Martin Avenue, to the Route 7 frontage, and along the Route 7 frontage. Bike and pedestrian accommodations should be a consideration across the Route 7/Dairy Corner frontage and across Valley Mill Road intersection. This should be done at this time and in conjunction with your proffered intersection improvements at this location. Proffer Statement. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified. It may be prudent to provide more specificity on important elements. In addition, the Generalized Development Plan should be specifically referenced in the proffers. Section 1 of the proffers may be the best place to do this. Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. Proffer 1.10 should be evaluated to reflect the desire not to have an entrance on Route 7 via Dairy Place and Martin Drive. Vehicular circulation should be via the signalized intersection and interparcel connections. Initial Comments Walgreens, Dairy Corner Rezoning Application November 20, 2008 Page 4 All site and transportation improvements should be completed prior to the issuance of a Certificate of occupancy on the first building (Proffer 1.6). Proffer 1.9 appears to be the exception. In this case, all easements shall be provided prior to site plan approval to insure that the improvements shown on the site plan can be provided. the issuance of the stnbuildinge should be permit for the property. Proffer 3.3 should be to revised accordingly. This proffer statement provides for a 25,000 square foot commercial development which aimed to would include a pharmacy with offset the impact of development drive hould be carefully evaluated to ensure they n are relative to the proposed development. The proffer statement must be signed by the owner /owners of the property. hnpact Ana1vs15. The application proffers 25,000 square feet of commercial, including a pharmacy with drive through window. There is no further breakdown of the square footage of the uses. The TIA models a 15,000 square foot pharmacy and 10,000 square feet of medical office uses. This should be considered when evaluating the impacts of this request and the proffer statement. Based upon the above scenario, 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 would appear as though even with your suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved. I would suggest an evaluation of the existing mature trees on the property to determine Other. if any can be incorporated into the design of the project. It would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. Additional comments i rovided b Mr. John Bisho AICP The issue of access on to Dairy Corner Lane via the 220 Seafood Entrance continues to be a safety concern. Staff recognizes the attempts to reduce the impacts of this entrance through closure of Dairy Corner at Valley Mill, but cannot support the entrance in its current configuration due to potential conflicts between the ultimate user of the 220 site and this site. A more long Initial Comments Walgreens, Dairy Comer Rezoning Application November 20, 2008 Page 5 term vision needs to be applied to the development of the automobile access to this site that considers the County's Eastern Road Plan. We would note that the significant concentration of attached housing nearby would indicated 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 not only to your site, but also to Route 7. In reviewing the materials sent to VDOT and copied to the County regarding pro rata shares for transportation, staff must point out 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. Finally, staff must 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 25,00D square feet and that rezoning was located in an area of much lower traffic congestion. Once again, please ensure that all review agency comments are adequately addressed. Attachments MTR/bad c VIA FACSIMILE (540- 665 -0493) AND FIRST -CLASS MAIL Mr. Patrick Sowers Patton Harris Rust Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Patrick: November 5, 2008 Re: Walgreens Dairy Corner Place Proposed Rezoning Proffer Statement dated September 4, 2008 I have reviewed the above referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Proffer 1.1 The proposed application materials are titled "Walgreens Dairy Comer Place" and refer to a 15,000 square foot pharmacy and 10,000 square feet of office space, but the Proffers do not actually exclude any B2 uses, nor does the GDP identify any particular structures contemplated for the Property, whether corresponding to pharmacy and/or office space use or otherwise. Proffer 1.2 The TIA refers on page 17 to the site entrance on Dairy Corner Place as being CI right in /right nut entrance. hut the Proffers do not impose such a limitation. Proffer 1.3 The Proffer does not indicate any specific triggering event for the referenced inter parcel connector, such as, at such time as the adjoining parcel(s) becomes subject to a particular use or uses. Proffer 1.4 The Proffer provides for the design and construction of the additional northbound left turn lane on Valley Mill Road at the intersection with Route 7 and the GDP indicates "10' R.O.W. DEDICATION" along Valley Mill Road as it borders the Property, but the Proffer does not commit to make the indicated dedication. Proffer 1.5 The Proffer does not state a time period, upon occurrence of approval by Frederick County and VDOT, within which the Applicant will provide for the closure of access from Dairy Comer Place to Valley Mill Road. 107 North Kent Street Winchester, Virginia 22601 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia @co.frederick.va.us Mr. Patrick Sowers November 5, 2008 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely, od- is B. County Attorney cc: Michael T. Ruddy, AICP, Deputy Director, Department of Planning and Development Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. P cc: Frederick County Public Schools 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy, AICP Organization /Company: Frederick County Planning From: Patrick Sowers Date: November 21, 2008 Project Name /Subject: Walgreens Dairy Corner Place Rezoning Application PHR +A Project file Number: 15824 1) Signed Application 2) Notarized PGA 3) Impact Statement 4) Notarized Proffer Statement dated November 21, 2008 5) Generalized Development Plan dated October 23, 2008 (40 Copies) 6) 40 copies of each color exhibit 7) Application fee in the amount of $10,360.00 Memorandum Please find attached the following application materials for the Walgreens Dairy Corner Place Rezoning Application: I have also attached a response letter to your comment letter dated November 20, 2008. Additionally, per your request, the following is a list of comments from review agencies that are not directly addressed in the application materials as well as a brief justification for why they have not been directly addressed. 1) The school comment regarding the rezoning is that they are concerned that development generated traffic will exacerbate a current problem with buses leaving the Dowell J. Floward Center turning left onto Valley Mill Road. The bus exit ]or Dowell J. Howard is located east of the proposed site entrance on Valley Mill Road. As such, any trips that will be leaving the site and heading east on Valley Mill Road would be trips that would have been headed that direction regardless (i.e. someone stops at Walgreens on the way home to the Windstone development). The development will not be sending any additional trips in front of the bus exit for Dowell J. Howard. We have discussed this point with Public Schools but they have chosen to keep the comment in place. Patton Harris Rust Associates VDOT PRS Memorandum Page 2 1) We feel the $10,000.00 monetary contribution is inadequate to offset needed improvements along the Route 7 corridor that are associated with developments transportation impacts. We have provided a cost analysis depicting the pro-rata share for the proposed rezoning derived from the percentage of future traffic growth for affected roadways. Per our analyst, the Applicant has provided a transportation proffer package that is nearly double his pro-rata share. 2) No provisions for a multi -use trail /bike facility along Route 7. One option may be removing proposed entrance on Dairy Corner Place and utilizing existing pavement as a multi -use trail by closing Dairy Corner Place from Valley Mill Road to Martin Drive. The revised proffer provides for a 10' hiker/ biker trail along the Valley Mill Road frontage. Additionally, there is sufficient right of way for bicycle and pedestrian facilities to be developed concurrent with future Route 7 improvements. 3) Proffer 1.8 indicates sidewalk along property frontage with Valley Mill Road. It appears from the Generalized Development Plan that this sidewalk will have to be located off the right -of -way and therefore not maintained by VDOT. If the intent is for the sidewalk to be maintained by VDOT, additional right -of -way will have to be provided. The Proffer Statement has been revised to provide a 10' asphalt hiker/ biker trail rather than sidewalk along the Properly frontage to provide access for both pedestrians and bicyclists. Ownership and maintenance of the trail will be determined at time of site plan. 4) Hatched out pavement section on Valley Mill Road, across from proposed entrance, may be better utilized as a left turn lane for Dowell J. Circle. We recommend extending road widening back to Martin Drive to accommodate this left turn lane. We feel that the road widening from the subject Property to Martin Drive far Valley Mill Road should be provided through the rezoning application currently under review as it fronts Valley Mill Road in this location. All other agency comments have been addressed. Please feel free to call me at (540) 667 -2139 with any questions that you may have. Engineers Surveyors Planners Landscape Architects Li: Apa 5,Y24 -urel nrnr duty con r LrmeA I- 0 \phnruirg\pLru \cti.Pp caGmi makriaL \iwddy —ft 'fib' mem I 12/ ()grin CORPORATE'. Chantilly VIRGINIA OFFICES'. Chantilly Charlo■esvllle Fredericksburg Harrisonburg Leesburg Newport News Norfolk Winchester Woodbridge LABORATORIES. Chantilly Fredericksburg MARSIAND OFFICES Baltimore Colombia Frederick Germantown Hollywood Hunt Valley W iuia m Sport PENNSYLVANIA OFFICE: Allentown T 540 667 2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harrust Associates Engineers. Surveyors. Plonners. landscape Archi lecrs_ 21 November 2008 Mr. Michael Ruddy, AICP Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 RE: Proposed Rezoning for Walgreens Dairy Corner Place Dear Mike: The following is in response to review comments per your letter dated November 20, 2008. For your reference, I have attached all revised application materials including Proffer Statement dated November 21, 2008. Our responses to comments are as follows: Land Use Nov 2 1 2008 The property is located in the area covered by the Route 7 Corridor Plan. The property is within the UDA and SWSA and is designated as an area of commercial land use. The business expectations of the Comprehensive Plan should be recognized. Agreed. The proposed commercial resonirrg is in ,beeping with the desired land uses depicted by the Comprehensive Plan. General Consider providing more design details, including the form of the layout of the site and the building materials, which would implement the goal of developing an attractive addition to the Route 7 corridor. Prof e'r 2.7 ensures that any buildings constructed on the Property utilise high quality masonry materials. Regarding the tam of the site layout, until we have completed the engineering phase of the project we would not he able to proffer a sine layout. PH to Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 7. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Similar projects in other developing areas of the community have attempted to address the corridor appearance efforts of the County. Such an approach may include locating the building on the property to the front of the site, Route 7 and Valley Mill Road, and limiting the amount of parking in front of the buildings in favor of providing more parking internal to the site. In addition to the materials palette for building design, we have added the requirement for full cut- off luminaries for site lighting to improve the aesthetics of the site and minimke impacts from lighting an adjacent properties. The site is currently separated fivm Route 7 by Dairy Comer Place as well as a skeable earthen berm between Dairy Corner Place and Route 7. We believe the proposed Ira/greens Store will be an attractive building that will be a valuable addition to the Route 7/ Valley Mill Road corridor. Transportation This application should focus on the entrance to Valley Mill Road, and an enhanced n terparcel connection to the adjacent properties, and potentially back down to Route 7 via Martin Drive. The GDP provides for an inteparcel connection to adjacent property to the east in the most fe asihle location from an engineering construction standpoint as shifting the interparcel connector would be difficult due to topographic constraints. 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. We believe the applicant has provided a transportation proffer package that provides a greater amount of improvements than the pro -rata share approach as advised by the Comprehensive Plan. PH-ZA Access management of Route 7 is a significant consideration. An additional entrance onto Dairy Comer Plan, and ultimately Route 7 should be avoided. The existing entrance at Martin Drive and Dairy Place Corner appears to be inadequate to support additional trips from this commercial development. Further, the entrance at Martin Drive provides a significant point of conflict for any additional commercial traffic. The Applicant has proff'e'red to improve the intersection of Martin Drive and Dai y Comer Place as determined necessary by VDOT during site plan review (Proffer 1.11). This will ensure that the intersection is adequate to accommodate any trips utilizing the intersection. 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 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. In recognition of this possibility, the Applicant has proffered to not object to any modifications by VDOT to the site entrance al Dairy Corner Place should the Dairy Corner Place right of way be zrtilized for future improvements to the Route 7 corridor. The function of the existing signal at Valley Mill Road and Route 7 should continue to be enhanced and improvements to Valley Mill Road should be promoted. Improvements to Valley Mill Road should fully recognize the existing streets and entrances on the opposite side of the road, especially the entrance and exist to Dowell J. Howard. The proposed entrance aligns with Dowell J Circle which provides access to Dowell J. Howard The bus loop exit for Dowell. Howard is located further east on Valley Mill Road ante, as the project adds no additional trips to Valley Mill Road east of the proposed entrance, the application will create no new impacts to the bus loop exit. It is anticipated that additional right -of -way dedication should be based upon the road improvement plans as approved by VDOT and Frederick County. This may warrant a greater amount of dedication that the proffered 10'. The proffered 10 feet in right of way dedication will accommodate the proposed Valley Mill Road improvement. We would note that the Eastern Road Plan doer not show this portion of Valley Mill Road as a future improved roadway. P A More detail should be provided regarding Martin Avenue and its intersection with Valley Mill Road. This intersection appears to be approximately 150' from this property. Martin Avenue is an existing State Road that does not meet current street standards. Consideration should be given to improving the frontage of Valley Mill Road and the entrance to Martin Avenue to a public street standard that meets all current standards. The proposed application generates no trips assignable to Martin Drive, which if located east of the proposed entrance on Valley Mill Road. As such, we feel that improvement of Martin Drive and the Valley Mill Road ji vntage all the way to Martin Drive, should not be the responsibility of the proposed application. This application is encouraged to think beyond just providing a simple connection to the adjacent parking lot. The adjacent property, currently under review for a rezoning, should be considered in relationship to this one for the purpose of access and improvements to Valley Mill Road and Martin Drive. 1 Fie proposed rezoning addresses all improvements across its frontage with Valley Mill Road, per the TL/1, and provides an interparcel connector for the adjacent property. 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 through the commercial properties to the rear of this project to Route 7 should be evaluated and planned for. Per the Eastern Road Plan, the planned connection between existing Valley Mill Road and Route 7 will be at the existing entrance to Winchester Gateway, located further east of the Property than Martin Drive. The Applicant is providing an interparcel connection in the most feasible location in an e7ort to accommodate an interconnected development pattern as other land east of the site is redeveloped. It is evident that this project would further deteriorate the level of service at the existing intersections in the vicinity of this site most specifically the intersections and 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. The existing LOS for the Route 7/I -81 Valley Mill Road intersection is overall LOS D and the Valley Mill Road approach itself is a LOS F. Background traffic alone requires the same improvements as bur /d -out The 'HA shows that the intersection an be improved to an overall LOS C by adding an additional westbound that lane on Route 7, additional left turn lane on Va /ley i14i11 Road, and an additional left turn lane on the 1-81 NB off ramp. By constrzrcting the Valley Mill Road improvements as proffered, the Applicant is improving /he Valley Mi /l Approach from an existing LOS F to a LOS D while accommodating firlure tra fec generation. Lr addition to These improvements, the Applicant has provided a monetary contribution to help provide for other improvements in the Route 7 corridor that will be necessary regardless of whether or not /his site develops. The traniportalion proffers exceed the pro -rata share that would be expected of the development per the Comprehensive Plan. On recent rezoning, 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 should be considered with this request relative with the scale of the request. The Applicant has provided a m onelay contribution in the amount of 510,000 in addition to the Valley Mill Road improvements. Per our letter to VDOT dated November 13, 2008, which was also provided to Planning Staff, we feel that our transportation proffer package is nearly twice the value needed to mitigated the transportation impacts of the proposed development using the pro -rata share approach advised by the Comprehensive Plan.. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Avenue, and Martin Avenue, to the Route 7 frontage, and along the Route 7 frontage. Bike and pedestrian accommodations should be a consideration across the Rout 7 /Dairy Corner frontage and across Valley Mill Road intersection. This should be done at this time and in conjunction with your proffered intersection improvements at this location. The Applicant has proffered lo construct a 10' asphalt hiker/ hiker trail along the Valley Mill Road frontage to accommodate both pedestrians and bicycle users Proffer Statement The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified. It may be prudent to provide more specificity on important elements. In addition, the Generalized Development Plan should be specifically referenced in the proffers. Section 1 of the proffers may be the best place to do this. Proffer 1.2 has been added to the Proffer Statement to state specifically that the Property will develop in substantial conformance with the GOP. Any proffered limitations should be directly related to the analysis provided in the Impact Analysis, in particular, the TIA. The TIA modeled 15,000 square feet of Pharmacy and 10,000 square feel of medical office uses. To be sure the ttlp generation for the site does not exceed the trips modeled, the Proffer now limits development of the site to these two uses at the respective maximum square foot modeled by the TI/1. Proffer 1.10 should be evaluated to reflect the desire not to have an entrance on Route 7 via Dairy Place and Martin Drive. Vehicular circulation should be via the signalized intersection and interparcel connections. The Applicant believes that a second access point to the site at Dairy Corner Place is critical to the .oaccess of the commercial development of the Properly. The proffer statement provides for improvements to the intersection of Martin Drive and Dairy Corner Place to ensure safe vehicular climb/ion. All site and transportation improvements should be completed prior to the issuance of a Certificate of occupancy on the first building (Proffer 1.6). Proffer 1.9 appears to be the exception. In this case, all easements shall be provided prior to site plan approval to insure that the improvements shown on the site plan can be provided. The Proffer Statement has been revised as suggested to require all si< ht distance easements prior to site plan approval Monetary contributions to offset the impact of development should be made prior to the issuance of the first building permit for the property. Proffer 3.3 should be revised accordingly. As the site will not generate vehicle trips until it has obtained a certificate of occupancy (C.O.) and is under operation, we feel that providing the monetary contribution at the time of a CO. is appropriate since it coincides with the tran.porlation impact. PHA This proffer statement provides for a 25,000 square foot commercial development which would include a pharmacy with drive up window. The monetary contributions aimed to offset the impact of development should be carefully evaluated to ensure they are relative to the proposed development. As stated previously, per our letter to VDOT dated November 13, 2008, we feel we are nearly twice the pro-rata share needed to mitigate the transportation impacts of this reloning request. The proffer statement must be signed by the owner /owners of the property. Acknowledged. Impact Analvsis The application proffers 25,000 square feet of commercial, including a pharmacy with drive through window. There is no further breakdown of the square footage of the uses. The TIA models a 15,000 square foot pharmacy and 10,000 square feet of medical office uses. This should be considered when evaluating the impacts of this request and the proffer statement. The Proffers and Impact Analysis have been revised to clarify that the development of the site will consist of a Pharmacy that is a maximum 15,000 square feet and a maximum of 10,000 square fret of office uses, as modeled in the TIA. Based upon the above scenario, 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. The Applicant is constrmcting all identified improvements fbr Valley Mill Road despite being just 31.86% of the future traffic growth on that roadway. It is important to note again that the same improvements would be needed under background traffic conditions alone. The proposal represents just 2.35% of the future traf%icgrowth on Route 7 and 5.85% of the future traffic growth on the 1- 81 NB qt r ramp. As stated previously, we feel the Applicant has mitigated the pro -rata share of transportation improvements needed for the development of the Property. It would appear as though even with your suggested improvements to the approach to the ValleyMill/Route 7 intersection, onlya level of service D is being achieved. The overall LOS for the intersection, with suggested improvements will be a LOS C. The Valley Mill Road approach is being improved from a LOS F which exists today to a LOS D while accommodating background trafficgtvwth. P Other I would suggest an evaluation of the existing mature trees on the property to determine if any can be incorporated into the design of the project. It would be desirable to preserve such examples if possible in particular, along the Route 7 frontage. There are very limited mature trees on the site. Grading necessary to construct the road and site improvements will necessitate the removal of the majority of the trees on the Properly during construction. Additional comments provided by Mr. John Bishop, AICP The issue of access on to Dairy Comer Lane via the 220 Seafood Entrance continues to be a safety concern. Staff recognizes the attempts to reduce the impacts of this entrance through closure of Dairy Comer at Valley Mill, but cannot support the entrance in its current configuration due to potential conflicts between the ultimate user of the 220 site and this site. A more long term vision needs to be applied to the development of the automobile access to this site that considers the County's Eastem Road Plan. As stated previously, the County's Eastern Road Plan depicts a future connection for Valley Mill Road at the existing entrance to the Winchester Gateway development on Route 7 which is east of the subject Property. The Applicant has provided an interparcel connection to provide access to property located to the East with the intent that, as redevelopment occurs in the area, access to this fitture road connection is facilitated through interparcel connections. We 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 not only to your site, but also to Route 7. The revved proffer provides for a 10' hikerjbiker trail along the Valley Mill Road frontase. Additionally, there is sulfa-tent nght of way for bicycle and pedestrian jaalities to he developed concurrent with figure Route 7 improvements. P PRS e In reviewing the materials sent to VDOT and copied to the County regarding pro -rata shares for transportation, staff must point out 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. The materials provided to the County and VDOT separated those improvements that would be required under commercial entrance standards and those improvements that are in excess of commercial entrance requirements which mould total approximately $91,000. The existing approach for Valley Mill Road is a LOS F. With the improvements proposed by the development, this movement improves to a LOS 0 even after adding 2,348 background and project generated trips. With the improvements to Valle Mill Road and monetary contribution, the Applicant is mitigating the impacts of the additional traffic. e Finally, staff must 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. We believe a retzoning is responsible far mitigating the impacts it creates. The current proffer package provides an equivalent transportation value (above and beyond commercial entrance standards) of over $100,000 even though the pro -rata share of the transportation impacts associated with the retioning total just over $50,000. We feel that a rezoning should he considered basis o f whether or not it mitigates its site .specific impacts. Per our analysis, we feel that this application more than adequately addresses these site specific impacts. I hope that these response aid in your review of the application. Please feel free to call if you have any questions. Sincerely, PATTON HARRIS RUST ASSOCIATES Patrick R. Sowers Enclosure Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Monday, December 15, 2008 1:52 PM To: Rod Williams Cc: Mike Ruddy Subject: RE: Walgreens Dairy Corner Place Rod, To answer your questions below: 1) "Modifications" does include the complete closure of the access if necessary. 2) "Shall not object to" does mean that the Applicant will not require compensation for modification of the access, even if the modification were complete closure. If need be, we can reword the proffer as you see fit before any final approval is granted. Thanks, Patrick Original Message From: Rod Williams mailto :rwillia @co.frederick.va.us] Sent: Monday, December 15, 2008 12:14 PM To: Patrick R. Sowers Cc: 'Mike Ruddy' Subject: Walgreens Dairy Corner Place Patrick, In preparation for this week's Planning Commission meeting, I have reviewed the updated materials for this rezoning, including the proposed Proffer Statement bearing a revision date of November 25, 2008. This latest revision appears to have addressed the comments in my letter of the same date, although I note that my comments there regarding Proffers 1.2 (now 1.3) and 1.6 (now 1.7) were merely directing staff's attention to particular terms. Therefore, as those items did not necessarily anticipate a response, they remain informational items for staff. I do, however, have questions on one of the new items, Proffer 1.12. Proffer 1.12 states that the Applicant "shall not object to modifications by VDOT" to site access to Dairy Corner Place. My questions concern what the terms "shall not object to" and "modifications" mean. With respect to "modifications does that term include complete closure of the access? With respect to "shall not object to does that mean that the Applicant will not require compensation for a modification of the access, including a modification that is a complete closure of the access? Rod Roderick B. Williams County Attorney 1 County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722 -8383 Facsimile: (540) 667 -0370 E -mail: rwillia(alco.frederick.va.us mailto :rwillia(a)co.frederick.va.us> CORPORATE. Chantilly VIRGINIA OFFICES: Chantilly Charlottesville Fredericksburg Harrisonburg Leesburo Newport News Norfolk Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE. Allentown 7 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harr•ust Associates Engineers. Surveyors. Planners. Landscape Architects. May 22, 2009 Mr. Michael Ruddy, AICP Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Walgreens Dairy Corner Place Rezoning Application Dear Mike. MAY 2 2 ga Please find attached revised application materials for the Walgreens Dairy Comer Place rezoning application (RZ 12 -08) including a revised GDP and Proffer Statement dated May 22, 2009. We have made several modifications to the proffer package and GDP since the initial presentation to the Planning Commission at their December 17, 2008 meeting to address concerns associated with the transportation system proposed as part of the initial application. The Planning Commission expressed a desire to remove the proposed connection to Dairy Comer Place to ensure that the intersection of Martin Drive and Dairy Comer Place does not become an unsafe intersection. My client has entered into a contract with the adjacent property owner, 220 Seafood Restaurant LLC, to purchase 0.9 acres of the existing B2 zoned parcel identified as TM 54- A -112C which is located where Martin Drive /Dairy Comer Place /Route 7 intersect. The addition of this acreage has enabled my client to remove any connection to Dairy Comer Place and then improve upon the transportation concept by proffering to construct a commercial roadway from the proposed entrance on Valley Mill Road as a through connection to the existing intersection of Martin Drive and Route 7. This improvement is shown on the revised GDP. The road improvement triggers are tied to a certificate of occupancy on the 3.1 acres that comprised the initial rezoning proposal. The newly added 0.9 acres of existing B2 property has also been incorporated into the proffer to guarantee that the total site, now 4.0 acres, will not exceed 15,000 square feet of pharmacy and 10,000 square feet of other B2 uses except for gas stations, convenience stores, and fast food restaurants which have been proffered out as potential uses. The new floor area proffer differs slightly from the previous proffer in that the 10,000 square feet that is in addition to the pharmacy area is no longer limited to office uses which was the use modeled in the TIA. This modification is justified by the fact that the application now includes an additional 0.9 acre of existing un- proffered B2 property. By adding this existing B2 area to the application and making it subject to the proffered floor area and use conditions, we are effectively limiting the development and resulting traffic generation possible for the area. Walgreerr Dairy Corner Place May 22, 2009 Page 2 of 2 The constructed improvements proposed along the Valley Mill Road frontage remain unchanged from the previous proffer and will address both project generated trips as well as issues caused by existing traffic and background traffic on Valley Mill Road. Additionally, the Applicant has now proffered to close Dairy Comer Place between Martin Drive and Valley Mill Road. This will enable Dairy Corner Place to act as a hiker /biker trail along the Route 7 road frontage. To compensate for some of the additional expense associated with acquiring the adjacent 0.9 acres and constructing the roadway from Valley Mill Road to the intersection of Martin Drive and Route 7, the Applicant has removed the $10,000 proffer for transportation purposes. We look forward to presenting these revised materials to the Planning Commission at the June 17 meeting. Please feel free to contact me at (540) 667 -2139 should you have any questions. Sincerely, Patton -Harris Rust Associates Enclosure Patrick R. Sowers Patrick R. Sowers From: Funkhouser, Rhonda Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Hoffman, Gregory Gregory .Hoffman @VDOT.Virginia.gov] Sent: Friday, May 08, 2009 11:32 AM To: Ronald A. Mislowsky; Patrick R. Sowers Cc: mruddy @co.frederick.va.us; John Bishop; Smith, Matthew, P.E.; Hoffman, Gregory; Ingram, Lloyd Subject: Walgreens Dairy Corner Place, Frederick County VDOT Comments to Revised Proffers /Rezoning The documentation within the application to rezone this property appears to have significant measurable impact on Route 7 and Route 659. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is 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 plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Gregory T. Hoffman, Land Development Supervisor Virginia Department of Transportation Edinburg Residency Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535 -1824 Fax #(540) 535 -1846 From:LIFESAFE Control number RZO9 0014 Project Name Walgreen's -Dairy Corner Place Address 117 E. Piccadilly St., Suite 200 Type Application Tax ID Number Fire District Rescue District Rezoning 54F- 1- 9A,etc. 18 18 Current Zoning RP Automatic Sprinkler System Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Yes Yes Date received Recommendations Reviewed By J. Neal Date reviewed 10/15/2008 Signature Title 10/15/2008 16:08 Applicant Patton Harris Rust Associates City State Zip Applicant Phone Winchester VA 22601 540- 667 -2139 Automatic Fire Alaryi System Residential Sprinkler System Hydrant.Location Fire Lane Required Not Identified Yes Roadway7Aisleway Width Special Hazards Not Identified No Election District Red Bud No Date Revised #431 P.0011002 1 Mr. Patrick Sowers Patton Harris Rust Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 Dear Mr. Sowers: October 24, 2008 RE: Rezoning Application for Walgreens Dairy Corner Place Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601-5000 COUNTY-.of.FREDERICK Departmentof:P.ublic Works 540/665 -5643 FAX: 540/678 -0682 We have completed our review of the rezoning application for the proposed Walgreens Dairy Corner Place development and offer the following comments: 1. Refer to Land Use, page 1: Discuss the demolition of the three (3) 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. 2. Refer to Access and Transportation, page 2: The existing intersection of Dairy Corner Place and the entrance drive to the old 220 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. 3. 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 Walgreens —Dairy Col.r Place Rezoning Page 2 October 24, 2008 the 220 property. Consideration should be given to a regional stormwater facility which will also accommodate storm drainage from the adjacent Burns' property. I can be reached at 722 -8214 if you should have any questions concerning the above comments. HES /rls cc: Planning and Development file Sincerely, T: \rsargent \Rhonda \TEMI'COMM ENTS \WA LCREEKS- DAIRVCORNERPLREZCOM1Ldoc ULJI V1,yCQi Harvey El�. Strawsnyder, Jr., P.E. 1 Director of Public Works Department of Inspections Comments: iVo &Mg -w214 a4 lips l, rniz 0nm asks, X11 Do trVWED OC 1 "v FR W ORK 1 M1Slai loti 4UBUC /0 a Inspections Signature Date: Notice to Dept. o ,r nspections Please Retu his Form to the Applicant Rezoning Comments l+ Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665 -5650 Frederick County Department of Inspections Applicant's Name: Mailing Address: Current Zoning: RP Patton Harris Rust Associates c/o Patrick Sowers 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540) 667.2139 WALGREENS DAIRY CORNER PLACE Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4 Floor 107 North Kent Street Winchester, VA 22601 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Zoning Requested: B2 Acreage: 3.1 1 0 Sanitation Authority Comments: 56.'1/44E4 -t WAin.FA AIRE AY4t /L4 4L4= To Ta /S 5 /72c: 7 f75'f /5 .141:4 re 5£t -fl¢ Y- 14 ZEFA e/$4°/, //Y To SE,gVF fl /5' 5 /T,E- 3 °C7 Sanitation Authority Signature Date:CaZdeit2 Notice to Sanitation Authority Please Return This Form to the Applicant \(10 Rezoning Comments Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Current Zoning: RP Frederick County Sanitation Authority Applicant's Name: Patton Harris Rust Associates c/o Patrick Sowers ation; herdpertrI191,:nforaxta19nr; Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 WALGREENS DAIRY CORNER PLACE Hand deliver to: Frederick Co. Sanitation Authoai Attn: Engineer 315 Tasker Road Stephens City, VA Phone: (540) 667.2139 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Zoning Requested: B2 Acreage: 3.1 14 Fred Winchester Service Authority's Comments: 110 FWSA Signature &Date: rr i I Il? l4 e Notice to Fred -Winc rvice Authority Please Return This Form to the Applicant Rezoning Comments WALGREENS DAIRY CORNER PLACE Frederick Winchester Service Authority Mail to: Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722 -3579 Applicant's Name: Patton Harris Rust Associates c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Current Zoning: RP Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Pl a eF1511 out�the `infor as ae a atel as po rble in orde nth ch Y r4c". tica iok of Publte �a k�wtth therr r w AttacTr a ep y ou anvils? on for location r statement, nnpact anal and any other p ri nent 1 orOnion Phone: (540) 667.2139 Zoning Requested: B2 Acreage: 3.1 OCT 1 0 2008 18 Frederick Winchester Health Department's Comments: i✓n UOJaaiak 14 S.s, As an Wats f bit at A,e -a Aar .7• y 4 _ft 1 Health Signature Date: ita.--------------- /t'/ /K Notice to Health Department Please Return This Form to the Applicant Rezoning Comments WALGREENS DAIRY CORNER PLACE Mail to: Frederick Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722 -3480 Frederick Winchester Health Department Appliccant 'rase e rnforatronv mchestte alf D part w it theirrrevic toe,,ationymap,, proffer statement pmpac ach a copy of form nalysis ,'and any othe ert n t informatio the in order to r Applicant's Name: Patton Harris Rust Associates Current Zoning: RP c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester VA 22601 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Zoning Requested: Hand deliver to: Frederick Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722 -3480 Phone: (540) 667.2139 B2 Acreage: 3.1 RECEIVED OCT 10 2008 15 October 14. 2008 Dear Mr. Sowers: Sincerely, Amber Powers Planner 1 ALP/bad Patrick Sowers Patton Harris Rust Associates 11 Piccadilly ill t i E. tiwd lily Streets, JaiteG U Winchester, Virginia 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Dairy Corner Place (Walgreens) Property: PINS 54F-1-9, 54F -1 -9A, 54F- A-30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2 Upon review of the proposed rezoning. 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 1 -IRAB. 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. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Dept. of Parks Recreation Comments: NO COMMENT A 01 Parks Signature Date: �i/ ar r e e d /e7 Zz d Notice to Dept. of Parks Recreation Please Return This Form to the Applicant to Rezoning Comments Mail to: Frederick County Dept. of Parks Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Frederick County Department of Parks Recreation ntof ecrtton m wtfh thexev iaproffgrastateentimpact analysts asaccurate o ass ts "t Ap phnt Dep me k.Iocafio Current Zoning: RP c/o Patrick Sowers orm Applicant's Name: Patton Harris Rust Associates Mailing Address: 117 E. Piccadilly Street Suite 200 Winchester. VA 22601 WALGREENS DAIRY CORNER PLACE Hand deliver to: Frederick County Department of Parks Recreation Co. Administration Bldg., 2 Floor 107 North Kent Street Winchester, VA 22601 as possi in ord opy of your aplication nd�ari other pertinent inf r Phone: (540) 667.2139 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Zoning Requested: B2 Acreage: 3.1 12 Rezoning Comments 111 co Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Applicant Repo al irporY4ruatli laetrirevre proffer statem u t; i nrpa cv aria ss aiidia n a*cop yothrwe orm; ch est ma s a: wnatto masFaecurate te s p sstbl ordentte our app ca ormatio assrstaths btatio Applicant's Name: Mailing Address: Current Zoning: RP Patton Harris Rust Associates c/o Patrick Sowers Winchester Regional Airport 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Zoning Requested: B2 WALGREENS DAIRY CORNER PLACE Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Phone: (540) 667.2139 Location of Property: The Property is located at the southeast corner of the Intersection of Berryville Ave (Rt 7) and Valley Mill Road Acreage: 3.1 Winchester Regional Airport's Comments Winchester Regional Airport Signature Date as (og Notice to Winchester Regional Airport Please Return This Form to the Applicant 16 October 22, 2008 Patrick R. Sowers Patton Harris Rust Associates, pc 117 East Piccadilly Street, Suite 200 Winc ester, Virginia 22601 Re: Rezoning Comments Eastside Holdings LLC Walgrens Redbud Magisterial District Dear Mr. Sowers: WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 On behalf of the Winchester Regional Airport Authority, we have reviewed the referenced rezoning proposal and determined that the proposal will not impact operations at the Winchester Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manyel Executive Director