HomeMy WebLinkAbout04-09 ApplicationDecember 10, 2009
Mr. Patrick Sowers
Patton Harris Rust Associates
117 E. Piccadilly St.
Winchester, VA 22601
RE: REZONING #04 -09 OF WAMPLER PROPERTY
Dear Patrick:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on December 9, 2009. The Board denied the above referenced request to rezone 2.16 acres
from RA (Rural Areas) District to B2 (General Business) District, with proffers. The property is
located west and adjacent to Martinsburg Pike (Route 11), approximately 1,000 feet south of the
intersection of Route 11 and Stephenson Road, and approximately 1,900 feet north of the
intersection of Route 11 and Old Charlestown Road, and is identified by Property Identification
Number 44B -1 -12D in the Stonewall Magisterial District.
Section 165- 102.04 of the Frederick County Zoning Ordinance requires a minimum period of 12
months to elapse before the consideration of another application for rezoning of substantially the
same land to the same zoning district designation.
Please do not hesitate to contact this office if you have any questions regarding the denial of this
rezoning application.
Sincerely,
Michael T. Ruddy, AICP
Deputy Planning Director
MTR/bad
RECOPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665 -6395
cc: Charles S. DeHaven, Jr., Stonewall District Supervisor
Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Wampler Mobile Homes, 2648 Martinsburg Pike, Stephenson, VA 22656
107 North Kent Street, Suite 202 Winchester, Virginia 22601 5000
Reviewed
Planning Commission: 08/05/09
09/16/09
Board of Supervisors: 10/14/09
12/09/09
REZONING APPLICATION #04 -09
WAMPLER PROPERTY
Staff Report for the Board of Supervisors
Prepared: November 30, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Action
Tabled by PC 45 days
Recommended approval
Postponed (per Applicant's request)
Pending
PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Use.
LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately
1,900 feet north of the intersection of Route 11 and Old Charlestown Road.
EXECUTIVE SUMMARY PLANNING COMMISSION RECOMENDATION FOR THE
12/09/09 BOARD OF SUPERVISORS MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercially zoned land uses that exist in this area. The application addresses the appearance of the
Route 11 corridor, seeks to minimize the impact to the adjacent residences, and provides a monetary
contribution towards transportation improvements adjacent to this site.
The Planning Commission ultimately recommended approval of this request. This recommendation
followed considerable discussion on the proposed uses impact on the surrounding residences and the
traffic impacts on the Route 11 corridor.
Subsequent to the Planning Commission's recommendation, the Applicant has provided the Board of
Supervisors with an updated Proffer Statement dated November 24, 2009. This revised Proffer
Statement includes several modifications including a prohibition on Gasoline Service Stations. limiting
the trip generation to the site to a maximum of 2,000 ADT (Average Daily Trips), and adjusting the
threshold on the monetary contribution to be consistent with a lower trip count. This Proffer Statement
also includes a previous minor modification to 1.13 which increases the tree preservation distance to
10' from 5' from the adjacent residential property.
The Board should ensure that a satisfactory level of expectation has been met regarding:
1) The site design considerations on the property; along the properties frontage, and particularly
adjacent to the neighboring residential uses,
2) That sufficient monetary value has been provided in the transportation contributions aimed at
addressing the transportation impacts of this project when compared to the
implementation of the improvements at this time. The Applicant has proffered a $75,000 proffer
which may increase to $100,000 based upon trip counts.
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 2
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed
Planning Commission: 08/05/09
09/16/09
Board of Supervisors: 10/14/09
12/09/09
North: RA (Rural Area)
South: RA (Rural Area)
East: B2 (Business General)
West: RA (Rural Area)
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44B -1 -12D
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Residential
ADJOINING PROPERTY ZONING PRESENT USE:
U se:
Use:
Use:
Use:
Action
Tabled by PC 45 days
Recommended approval
Postponed (per Applicant's request)
Pending
PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to 132 (General Business) District,
with proffers, for Commercial Use.
LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately
1,900 feet north of the intersection of Route 11 and Old Charlestown Road.
Residential
Residential
Commercial /Residential
Residential
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 3
REVIEW EVALUATIONS:
Fire Marshal: Plan approval recommended.
Service Authority: No comments.
Frederick County Transportation: Please see additional Frederick County Transportation
Comments provided by Mr. John Bishop on page 5 of this report:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 11. This route is the VDOT roadway which
has been considered as the access to the property. VDOT is not satisfied that the transportation proffers
offered in the revised Wampler Property rezoning application dated November 25, 2008 address
transportation concerns associated with this request. Specifically: Proffers 1.3. We would like to see
the last sentence read: "Said entrance and turn lanes shall be subject to VDOT review and approval at
time of site plan". Proffer 1.5. We would like the following statement removed: "Use of said
interparcel connection will be at the discretion of the applicant
Public Works Department: 1. Refer to the impact analysis statement on page 1: The discussion
indicates that the subject site was previously used for mobile home pad sites. We recommend that the
narrative be expanded to indicate the disposition of the drainfields and possibly wells that served these
mobile home sites. The narrative should also include a reference to the existing single family residence
which remains on the site. 2. Refer to the environmental discussion included on page 2: The discussion
of the soil conditions should be expanded to include a description of the underlying karst limestone
bedrock and the potential for solutioning. 3. A discussion of site drainage and proposed stormwater
management shall be included in the impact analysis. It should be noted that Best Management
Practices will be required by the Virginia Department of Conservation and Recreation.
Department of Inspections: No comments required at this time.
Sanitation Authority: Water is available to the site. Forced sewer parallels the railroad track located
to the west of the site.
Health Department: The Health Department has no objection if public water and sewer are available
to the property. The necessary easements for connection to public sewer should be obtained either prior
to the rezoning approval or as a condition of the approval, whichever is appropriate.
Department of Parks Recreation: It appears the applicant has provided for a bike pedestrian (ten
feet) trail that is consistent with the County Comprehensive Plan.
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 the
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 4
National Park Service Study of Civil. War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
GIS: No road names are required at this time. Structure numbering will be assigned during the permit
construction phase of development:
Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the
Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall
outside of the airport's Part 77 close in surfaces.
Public Schools: We offer no comments.
Planning Zoning:
Frederick County Attorney: Please see attached letter dated February 1 7, 2009, .from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memo dated February 2 2 2009 from Michael T. Ruddy,
AICP, Deputy Planning Director.
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcel as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. it is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p.
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County.
The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility
and is further defined as an urban four -lane divided facility with a landscaped median. The Plan
states that proposed industrial and commercial development should only occur if impacted roads
function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan
designates Route 11 as a short-term designated route.
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 5
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered one full commercial
entrance on Martinsburg Pike and potentially three points of inter parcel connectivity to the
surrounding properties. Pedestrian and bicycle accommodations have been provided along the
road frontage of this project.
2) Site Suitabilitv/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. This
area is also known for karst topography. The Frederick County Engineer has identified that this
issue, along with consideration of best management practices should be addressed at the time of
detailed site plan design.
3) Potential Impacts
A. Transportation (Provided by John Bishop, Deputy Director- Transportation)
Based upon the scenarios described in the Applicant's TIA (A Traffic Impact Analysis of
Wampler Property dated 03/11/2008), the TIA describes improvements that are necessary to
achieve/maintain an acceptable level of service. Not all of these improvements are provided
by this applicant or others. For example, the build out of scenario 1 as notated on page 19 of
the TIA indicates a signal at the site entrance. While staff would not be supportive of an
additional signal being put in place at this location, the analysis does indicate that level of
impact. However, the proffers do not address the equivalent value of a signal, but `max out'
at $100,000.00.
It is important to note that while the TIA analyzes two scenarios with significantly different
levels of traffic generation, the application is for unrestricted B2 zoning.
Based upon recent rezoning approvals in this vicinity, it would appear that the cash proffers
provided by the application are insufficient to offset the proposed impacts.
This application, and recent TIA's, has also demonstrated level of service and lane geometry
issues at the intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The
ultimate solution to this intersection has yet to be determined. Previous applications have
participated in providing a solution to achieve acceptable levels of service at this intersection by
providing a monetary contribution in various amounts that may be used to allow for the
development of improvements in the general area of this intersection.
Staff is satisfied with the proffered bicycle and pedestrian trail, and would note that it will be
important that the applicant tie these improvements into the development of the site, via
connections to the trail from the developed building(s).
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 6
B. Design Standards
The project's location on a major corridor warrants particular attention. This attention is
provided in the application by a combination of proffered commitments aimed at designing the
development of the site. Specifically, the Applicant has provided a 25' wide Route 11 buffer.
This 25' wide buffer includes a 10' wide hiker biker trail, additional areas of landscaping which
will include a combination of plantings on both sides of the trail, and a split rail fence.
Additional on -site site design considerations would be desirable. Zoning District Buffers would
be required adjacent to the surrounding residential properties. However, this may be an area
where additional considerations are warranted.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However, it is
recognized that commercial uses generally provide a positive impact on community facilities
through the additional generation of tax revenue. This application makes an effort to address the
impacts to Fire and Rescue services by providing a monetary contribution in an amount of
$1,000. In addition, the application provides for a monetary contribution in the amount of
$1,000 for the Frederick County Sheriff's Office.
4) Proffer Statement Dated June 12, 2008 with latest revision July 8, 2009
A) Generalized Development Plan
The Generalized Development Plan simply identifies site access and relates to the
specific points of the Proffer Statement. The GDP is supplemented by an exhibit that
further illustrates the proffered Route 11 buffer. This 25' wide buffer includes a 10'
wide hiker biker trail, additional areas of landscaping which will include a combination
of plantings on both sides of the trail, and a split rail fence. A particular area of
concern would be the use of the 10' landscaped strip for any parking lot landscaping
that would be in addition to the proffered buffer landscaping. The application should
provide for any parking lot requirements, including distance and landscaping to
begin from the edge of the proffered buffer, thus providing sufficient area to
accommodate the requirements.
B) Land Use
The Applicant has proffered to limit the development of the site to a maximum of
F.A.R. of 0.25, excluding self storage. In addition, a maximum of 6 gasoline pumps
with 2 fueling positions each for a maximum of 12 fueling positions may be developed
on the property. No land uses have been proffered out by the Applicant. Therefore, this
is an unrestricted request with regards to the permitted uses allowed in the B2 (Business
General) District. The Applicant has since proffered several use limitations. Please see
proffer 1.8 through 1.10.
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 7
C) Site Design
Minimal architectural and lighting proffers have been made which are aimed to exceed
current County requirements. The application does not provide any additional
commitments aimed at designing the development of the site examples of which could
include a commitment to the building location, parking lot location, potential gasoline
fueling islands and their location, and additional buffering adjacent to residential
properties. The Applicant has since proffered additional landscaping within the buffer
areas and an increased height for thefence which would stand at 8'. It would appear
as though the significant level of intensification of this site may be impactful to the
surrounding area including the business corridor, and the adjacent residential
properties.
D) Transportation
The Applicant has proffered right- of -way dedication in the amount of 15' across the
properties Route 11 road frontage and to one commercial entrance on Route 11.
Generally, these improvements would be required as part of the site development. No
additional physical transportation improvements are proposed. As identified in the staff
report and Mr. Bishop's comments, additional improvements to Route I 1 to achieve the
desired ultimate section, and signalization improvements at the site entrance, should be
addressed further; either through implementation or by a related commitment.
Included as part of the proffer statement is an exhibit that depicts the proffered
improvements adjacent to Route 11. In addition, three points for inter parcel
connectivity have been proffered within the future parking lot to the adjacent properties
to the north, south, and potentially to the west.
A monetary contribution has been proffered in the amount of $75,000 that may be
applied to road improvements in the general vicinity of the property. This may include
improvements in Martinsburg Pike and I- Iopewell and Brucetown Roads amongst others.
In the event that development of the property would exceed 2,000 vehicle trips per day
the monetary contribution will increase to $100,000. The 2,000 vehicle trip per day
amount provides a reasonable threshold for staging the contribution. However, the value
of the contribution should be evaluated based upon the potential impact of the trips and
the other identified transportation of the TIA.
E) Community Facilities
The Applicant proffers a monetary contribution in an amount of $1,000 to Frederick
County for fire and rescue services and a monetary contribution in an amount of $1,000
to Frederick County for Sheriff's Office Purposes.
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 8
STAFF CONCLUSIONS FOR THE 08/05/09 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this area. The application addresses the appearance of the Route 11
corridor, and provides a monetary contribution towards transportation improvements adjacent to this
site.
The Commission should ensure that a satisfactory level of expectation has been met regarding 1) site
design considerations along the properties frontage and on the property, and 2) sufficient value in the
transportation contributions aimed at addressing the transportation impacts of this project when
compared to the implementation of the improvements at this time.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/05/09 MEETING:
The Deputy Director Transportation reported that the TIA indicates a shortfall in the level of service
with increased vehicle trips, particularly in excess of 2,000 vehicle trips per day. In terms of the overall
transportation package, there was a significant difference as far as the value to the County for other
similarly -sized parcels and similarly proposed uses recently rezoned. It was noted that since the self
storage use was not proffered, the applicant could do any B2 use by right, should the rezoning be
approved as presented. In particular, the TIA scenario, which includes a gasoline station, calls for a
traffic signal to maintain adequate levels of service at the entrance. It was noted that while the staff is
not supportive of the proliferation of traffic signals throughout the corridor, this analysis does a good
job of highlighting the improvement and quantifying the impact of a higher level of use. Based on this
information, the Deputy Director- Transportation concluded that the value of the applicant's proffer
package was insufficient compared to recent local rezonings and does not appear to offset impacts, in
terms of both physical improvements and cash proffers.
The applicant described the proffers dealing with site design to ensure that the proposed building will be
constructed using a high quality materials pallet and the provision of a substantial Route 1 buffer
including landscaping, a hiker/biker trail, a split -rail fence, and restrictive on -site lighting. The
applicant noted that a possible fueling station indicates a traffic generation of 6,500 tpd and with
VDOT's 40% by -pass reduction, the trip generation is reduced to 3,900 tpd. Regarding the issue of a
traffic signal, the applicant did not believe the proposed development would cause the need for a traffic
signal as much as the background traffic along the Route 11 corridor; the applicant also noted that the
monetary contribution would cover half the cost of a traffic signal.
During the public comment portion of the hearing, one citizen, an adjoining property owner, came
forward to speak in opposition to the rezoning. The adjoining property owner was concerned the
proposed rezoning would negatively affect the value of his home and property. He was also concerned
about noise from a commercial development, increased traffic on Route 11, and the history of sewage
problems experienced on the Wampler property.
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 9
The Planning Commission expressed concerns that no uses been proffered out of the proposed B2
rezoning and the range in the intensity of commercial uses for the site was problematic in assessing the
possible impacts. If a higher intensity use was developed on the property, Commissioners preferred to
see additional buffers and screening to protect adjacent residential uses from the increased activity,
noise, and lights. Commissioners inquired if the applicant had considered limiting the hours of
operation.
Considering the issues raised, the applicant offered to construct an eight -foot fence, which would
provide a permanent, opaque screening element, and a third row of trees along with the required
Category B Buffer. Existing mature trees along the property line would remain undisturbed; 50 feet of
total buffer area was being proposed. The applicant said he would look into the possibility of limiting
the hours of operation.
Commission members were cautious about assessing the impacts based solely on a self service storage
use generating less than 2,000 tpd because ofthe possibility ofthe use changing within a year or two to
a more intensive use, such as a gasoline station with 6,500 tpd. Commissioners noted there were six to
eight RA -zoned residential lots in the middle ofthis commercial area along Route 11. They questioned
the timing of the rezoning and thought it may be premature, based on the impacts. At some future time,
they believed the entire area will probably be commercial; however, in the interim, the residences would
have to be protected. Commissioners said they would have preferred to have the more intensive B2
uses proffered out of this application. The Deputy Director Transportation reinforced his previous
comments regarding the impacts ofthis project on the transportation network and the potential need for
site signalization generated by this request.
The Planning Commission voted unanimously to table the application for 45 days in order to provide
the applicant the opportunity to evaluate the timing and scale of the proposed uses and, in particular, the
more intensive uses permitted in a B2 (Business General) Zoning District.
(Note: Commissioners Kerr and Mohn were absent from the meeting.)
PLANNING COMMISSION SUMMARY AND ACTION OF THE 9/16/09 MEETING:
The staff reported that this rezoning application was extensively discussed by the Commission at the
August 5, 2009 meeting. Issues particularly discussed included the potential impacts on surrounding
residential properties and how this site fit in with the improvements to the Route 11 corridor, with
signalization specifically discussed, and comparisons were made of the commitments of this request
against the needs of the area. Staff reported that since the Commission's original review of this request,
the applicant revised their proffer statement and provided for several additional items to address the
concerns expressed. The applicant addressed restricting the hours of operation and restricted several
uses on the property, recognizing the adjacent residentially -zoned property. The applicant also provided
more intensive screening, depicted in the revised GDP, which included an eight -foot opaque fence
along with additional evergreen plantings. Staff cautioned about placing too many plantings within a
25 -foot area because the crowded landscaping could possibly affect the survival rate of the plantings.
Rezoning #04 -09 Wampler Property
November 30, 2009
Page 10
The applicant stated that as long as the adjoining land uses remained residential, car washes would be
proffered out as a possible use. In addition, the applicant reviewed the land uses they had proffered out,
regardless of the adjoining use. The applicant talked about the proposed landscaping along the north,
west, and southern property boundaries. He noted that existing mature trees along the property
boundaries will be preserved. The applicant stated the ordinance requires them to have a 25 -foot
inactive buffer between the property line and the site; the applicant was proposing an eight -foot fence
with required plantings by ordinance, specifically three plants per ten linear feet, typically done within a
ten -foot easement. Since they have 25 feet available, they will have a fence, a ten -foot landscaped
easement, and they will have another 15 feet to work with for their additional single row of evergreens.
The applicant believed this was more than enough space for the plantings to survive.
An adjoining property owner to the south commented there were no existing trees along the southern
border and he asked if there could possibly be some landscaping placed along that property boundary.
He also inquired about the existing house on the property.
Commission members were pleased to see the proffer protecting existing trees along the property
boundaries. However, they suggested the applicant consider how much area around those trees needed
to be protected to ensure the trees will survive beyond the first few years of development of the site,
especially since this was an important proffer for the adjoining property owners. The applicant was
asked to give some thought about how that could be incorporated into the proffer statement.
Commissioners asked the staff about the necessity for a traffic signal at this location. The staff pointed
out the County's desire not to over proliferate traffic signals on key roadways. Staff noted that
utilization of a traffic signal was a way to address the potential impacts caused by more intensive uses at
this site. However, other methods could be implemented to address the impacts of a more intensive use,
such as corridor improvements and the utilization of a right -in, right -out entrance.
Some members of the Commission continued to have concerns about the traffic pattern at this location.
A motion was made and seconded to approve the rezoning with the stipulation that a right -in, right -out
entrance was utilized. This motion failed, however, by the following vote:
YES (TO REC. APPROVAL W/ RT -1N, RT -OUT): Ruckman, Thomas
NO: Unger, Ambrogi, Manuel, Wilmot, Madagan, Triplett, Mohn
A new motion was made and seconded to recommend approval of the rezoning as presented. This
motion was passed by the following majority vote:
YES (TO REC. APPROVAL): Unger, Ambrogi, Manuel, Wilmot, Madagan, Triplett, Mohn
NO: Ruckman, Thomas
(Note: Commissioners Crosen, Oates, and Kriz were absent from the meeting.)
August 5, 2009
Dear Planning Commission/Board Members:
Thank you for listening to our concerns.
My family and I have lived at that address for over 27 years. We purchased it in 1982.
In June 1997 we purchased more land from Mr. and Mrs. O.L. Payne that joined our
property. That property was Zoned M -1 and we had it downzoned to RA to keep anyone
from building next to our property.
Our property joins the Wampler property on two sides in the shape of an "L down one
side and along the back.
We feel the Rezoning will hurt the value of our property as well as our neighbor's
properties that joins the Wampler property.
The other thing that concerns us is the sewer problems that the Wampler property has had
for many years. Will he have to hook to the County Water Sewer and how will the
sewer be supplied to his property?
Traffic on Route 11 is already heavy.
What is he going to put in there? We don't want the extra noise, lights, crime and traffic.
I know the property that Rocky Yost owns behind our properties along Route 11 is
rezoned. If and when that property gets built out, then it may be the right time to look at
rezoning. But not now, this is the wrong time.
Please help protect our homes.
„Sincerely,
L ig
Ronald Simkhovitch, SR.
Ronald Simkhovitch, Sr.
2659 Martinsburg Pike
Stephenson, VA 22656
REZONING APPLICATION #04 -09
WAMPLER PROPERTY
Staff Report for the Board of Supervisors
Prepared: October 5, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 08/05/09 Tabled by PC 45 days
09/16/09 Recommended approval
Board of Supervisors: 10/14/09 Pending
PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Use.
LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately
1,900 feet north of the intersection of Route 11 and Old Charlestown Road.
EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 10/14/09 BOARD OF
SUPERVISORS MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercially zoned land uses that exist in this area. The application addresses the appearance of the
Route 11 corridor, seeks to minimize the impact to the adjacent residences, and provides a monetary
contribution towards transportation improvements adjacent to this site.
The Applicant has provided the Board of Supervisors with an updated Proffer Statement dated October
6, 2009. This revised Proffer Statement includes one minor modification to 1.13 which increases the
tree preservation distance to 10' from 5' from the adjacent residential property.
The Board should ensure that a satisfactory level of expectation has been met regarding:
1) Site design considerations on the property; along the properties frontage, and
particularly adjacent to the neighboring residential uses,
2) Sufficient value has been provided in the transportation contributions aimed at
addressing the transportation impacts of this project when compared to the
implementation of the improvements at this time.
The Planning Commission ultimately recommended approval of this request.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Rezoning #04 -09 Wampler Property
October 5, 2009
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed
Planning Commission: 08/05/09
09/16/09
Board of Supervisors: 10/14/09
PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Use.
LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately
1.900 feet north of the intersection of Route 11 and Old Charlestown Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44B -1 -12D
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Area)
South: RA (Rural Area)
East: B2 (Business General)
West: RA (Rural Area)
Use:
Use:
Use:
Use:
Action
Tabled by PC 45 days
Recommended approval
Pending
Residential
Residential
Commercial /Residential
Residential
Rezoning #04 -09 Wampler Property
October 5, 2008
Page 3
REVIEW EVALUATIONS:
Frederick County Transportation: Please see additional Frederick County Transportation
Comments provided by Mr. John Bishop on page 5 of this report:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 11. This route is the VDOT roadway which
has been considered as the access to the property. VDOT is not satisfied that the transportation proffers
offered in the revised Wampler Property rezoning application dated November 25, 2008 address
transportation concerns associated with this request. Specifically: Proffers 1.3. We would like to see
the last sentence read: "Said entrance and turn lanes shall be subject to VDOT review and approval at
time of site plan". Proffer 1.5. We would like the following statement removed: "Use of said
interparcel connection will be at the discretion of the applicant
Fire Marshal: Plan approval recommended.
Public Works Department: 1. Refer to the impact analysis statement on page 1: The discussion
indicates that the subject site was previously used for mobile home pad sites. We recommend that the
narrative be expanded to indicate the disposition of the drainfields and possibly wells that served these
mobile home sites. The narrative should also include a reference to the existing single family residence
which remains on the site. 2. Refer to the environmental discussion included on page 2: The discussion
of the soil conditions should be expanded to include a description of the underlying karst limestone
bedrock and the potential for solutioning. 3. A discussion of site drainage and proposed stormwater
management shall be included in the impact analysis. It should be noted that Best Management
Practices will be required by the Virginia Department of Conservation and Recreation.
Department of Inspections: No comments required at this time.
Sanitation Authority: Water is available to the site. Forced sewer parallels the railroad track located
to the west of the site.
Service Authority: No comments.
Health Department: The Health Department has no objection if public water and sewer are available
to the property. The necessary easements for connection to public sewer should be obtained either prior
to the rezoning approval or as a condition of the approval, whichever is appropriate.
Department of Parks Recreation: It appears the applicant has provided for a bike pedestrian (ten
feet) trail that is consistent with the County Comprehensive Plan.
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 the
Rezoning #04 -09 Wampler Property
October 5, 2009
Page 4
National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
GIS: No road names are required at this time. Structure numbering will be assigned during the permit
construction phase of development.
Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the
Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall
outside of the airport's Part 77 close in surfaces.
Public Schools: We offer no comments.
Frederick County Attorney: Please see attached letter dated February 17, 2009, from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memo dated February 20, 2009 from Michael T. Ruddy.
AICP, Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcel as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 1 0, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan. p. 1 -1]
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County.
The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility
and is further defined as an urban four -lane divided facility with a landscaped median. The Plan
states that proposed industrial and commercial development should only occur if impacted roads
function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan
designates Route 11 as a short-term designated route.
Rezoning #04 -09 Wampler Property
October 5, 2009
Page 5
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered one full commercial
entrance on Martinsburg Pike and potentially three points of inter parcel connectivity to the
surrounding properties. Pedestrian and bicycle accommodations have been provided along the
road frontage of this project.
2) Site Suitability/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. This
area is also known for karst topography. The Frederick County Engineer has identified that this
issue, along with consideration of best management practices should be addressed at the time of
detailed site plan design.
3) Potential Impacts
A. Transportation (Provided by John Bishop, Deputy Director Transportation)
Based upon the scenarios described in the Applicant's TIA (A Traffic Impact Analysis of
Wampler Property dated 03/11/2008), the TL4 describes improvements that are necessary to
achieve /maintain an acceptable level of service. Not all of these improvements are provided
by this applicant or others. For example, the build out of scenario 1 as notated on page 19 of
the TL4 indicates a signal at the site entrance. While staff would not be supportive of an
additional signal being put in place at this location, the analysis does indicate that level of
impact. However, the proffers do not address the equivalent value of a signal, but `max out'
at $100,000.00.
It is important to note that while the TIA analyzes two scenarios with significantly different
levels of traffic generation, the application is for unrestricted B2 zoning.
Based upon recent rezoning approvals in this vicinity, it would appear that the cash proffers
provided by the application are insufficient to offset the proposed impacts.
This application, and recent TIA's, has also demonstrated level of service and lane geometry
issues at the intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The
ultimate solution to this intersection has yet to be determined. Previous applications have
participated in providing a solution to achieve acceptable levels of service at this intersection by
providing a monetary contribution in various amounts that may be used to allow for the
development of improvements in the general area of this intersection.
Staff is satisfied with the proffered bicycle and pedestrian trail, and would note that it will be
important that the applicant tie these improvements into the development of the site, via
connections to the trail from the developed building(s).
Rezoning #04 -09 Wampler Property
October 5, 2009
Page 6
B. Design Standards
The project's location on a major corridor warrants particular attention. This attention is
provided in the application by a combination of proffered commitments aimed at designing the
development of the site. Specifically, the Applicant has provided a 25' wide Route 11 buffer.
This 25' wide buffer includes a 10' wide hiker biker trail, additional areas of landscaping which
will include a combination of plantings on both sides of the trail, and a split rail fence.
Additional on -site site design considerations would be desirable. Zoning District Buffers would
be required adjacent to the surrounding residential properties. However, this may be an area
where additional considerations are warranted.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However, it is
recognized that commercial uses generally provide a positive impact on community facilities
through the additional generation of tax revenue. This application makes an effort to address the
impacts to Fire and Rescue services by providing a monetary contribution in an amount of
$1,000. In addition, the application provides for a monetary contribution in the amount of
$1,000 for the Frederick County Sheriff's Office.
4) Proffer Statement Dated June 12, 2008 with latest revision July 8, 2009
A) Generalized Development Plan
The Generalized Development Plan simply identifies site access and relates to the
specific points of the Proffer Statement. The GDP is supplemented by an exhibit that
further illustrates the proffered Route 11 buffer. This 25' wide buffer includes a 10'
wide hiker biker trail, additional areas of landscaping which will include a combination
of plantings on both sides of the trail, and a split rail fence. A particular area of
concern would be the use of the 10' landscaped strip for any parking lot landscaping
that would be in addition to the proffered buffer landscaping. The application should
provide for any parking lot requirements, including distance and landscaping to
begin from the edge of the proffered buffer, thus providing sufficient area to
accommodate the requirements.
B) Land Use
The Applicant has proffered to limit the development of the site to a maximum of
F.A.R. of 0.25, excluding self storage. In addition, a maximum of 6 gasoline pumps
with 2 fueling positions each for a maximum of 12 fueling positions may be developed
on the property. No land uses have been proffered out by the Applicant. Therefore, this
is an unrestricted request with regards to the permitted uses allowed in the B2 (Business
General) District. The Applicant has since proffered several use limitations. Please see
proffer 1.8 through 1.10.
Rezoning #04 -09 Wampler Property
October 5, 2009
Page 7
C) Site Design
Minimal architectural and lighting proffers have been made which are aimed to exceed
current County requirements. The application does not provide any additional
commitments aimed at designing the development of the site examples of which could
include a commitment to the building location, parking lot location, potential gasoline
fueling islands and their location, and additional buffering adjacent to residential
properties. The Applicant has since proffered additional landscaping within the buffer
areas and an increased height for the fence which would stand at 8'. It would appear
as though the significant level of intensification of this site may be impactful to the
surrounding area including the business corridor, and the adjacent residential
properties.
D) Transportation
The Applicant has proffered right -of -way dedication in the amount of 15' across the
properties Route 11 road frontage and to one commercial entrance on Route 11.
Generally, these improvements would be required as part of the site development. No
additional physical transportation improvements are proposed. As identified in the staff
report and Mr. Bishop's comments, additional improvements to Route 11 to achieve the
desired ultimate section, and signalization improvements at the site entrance, should be
addressed further; either through implementation or by a related commitment.
Included as part of the proffer statement is an exhibit that depicts the proffered
improvements adjacent to Route 11. In addition, three points for inter parcel
connectivity have been proffered within the future parking lot to the adjacent properties
to the north, south, and potentially to the west.
A monetary contribution has been proffered in the amount of $75,000 that may be
applied to road improvements in the general vicinity of the property. This may include
improvements in Martinsburg Pike and Hopewell and Brucetown Roads amongst others.
In the event that development of the property would exceed 2,000 vehicle trips per day
the monetary contribution will increase to $100,000. The 2,000 vehicle trip per day
amount provides a reasonable threshold for staging the contribution. However, the value
of the contribution should be evaluated based upon the potential impact of the trips and
the other identified transportation of the TIA.
E) Community Facilities
The Applicant proffers a monetary contribution in an amount of $1,000 to Frederick
County for fire and rescue services and a monetary contribution in an amount of $1,000
to Frederick County for Sheriff's Office Purposes.
Rezoning #04 -09 Wampler Property
October 5, 2009
Page 8
STAFF CONCLUSIONS FOR THE 08 /05/09 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this area. The application addresses the appearance of the Route 11
corridor, and provides a monetary contribution towards transportation improvements adjacent to this
site.
The Commission should ensure that a satisfactory level of expectation has been met regarding I) site
design considerations along the properties frontage and on the property, and 2) sufficient value in the
transportation contributions aimed at addressing the transportation impacts of this project when
compared to the implementation of the improvements at this time.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/05/09 MEETING:
The Deputy Director Transportation reported that the TIA indicates a shortfall in the level of service
with increased vehicle trips, particularly in excess of2,000 vehicle trips per day. In terms of the overall
transportation package, there was a significant difference as far as the value to the County for other
similarly -sized parcels and similarly proposed uses recently rezoned. It was noted that since the self
storage use was not proffered, the applicant could do any B2 use by right, should the rezoning be
approved as presented. In particular, the TIA scenario, which includes a gasoline station, calls for a
traffic signal to maintain adequate levels of service at the entrance. It was noted that while the staff is
not supportive of the proliferation of traffic signals throughout the corridor, this analysis does a good
job of highlighting the improvement and quantifying the impact of a higher level of use. Based on this
information, the Deputy Director Transportation concluded that the value of the applicant's proffer
package was insufficient compared to recent local rezonings and does not appear to offset impacts, in
terms of both physical improvements and cash proffers.
The applicant described the proffers dealing with site design to ensure that the proposed building will be
constructed using a high quality materials pallet and the provision of a substantial Route 11 buffer
including landscaping, a hiker/biker trail, a split -rail fence, and restrictive on -site lighting. The
applicant noted that a possible fueling station indicates a traffic generation of 6,500 tpd and with
VDOT's 40% by -pass reduction, the trip generation is reduced to 3,900 tpd. Regarding the issue of a
traffic signal, the applicant did not believe the proposed development would cause the need for a traffic
signal as much as the background traffic along the Route 11 corridor; the applicant also noted that the
monetary contribution would cover half the cost of a traffic signal.
During the public comment portion of the hearing, one citizen, an adjoining property owner, came
forward to speak in opposition to the rezoning. The adjoining property owner was concerned the
proposed rezoning would negatively affect the value of his home and property. He was also concerned
about noise from a commercial development, increased traffic on Route 11, and the history of sewage
problems experienced on the Wampler property.
Rezoning #04 -09 Wampler Property
October 5, 2009
Page 9
The Planning Commission expressed concerns that no uses had been proffered out of the proposed B2
rezoning and the range in the intensity of commercial uses for the site was problematic in assessing the
possible impacts. If a higher intensity use was developed on the property, Commissioners preferred to
see additional buffers and screening to protect adjacent residential uses from the increased activity,
noise, and lights. Commissioners inquired if the applicant had considered limiting the hours of
operation.
Considering the issues raised, the applicant offered to construct an eight -foot fence, which would
provide a permanent, opaque screening element, and a third row of trees along with the required
Category B Buffer. Existing mature trees along the property line would remain undisturbed; 50 feet of
total buffer area was being proposed. The applicant said he would look into the possibility of limiting
the hours of operation.
Commission members were cautious about assessing the impacts based solely on a self service storage
use generating less than 2,000 tpd because of the possibility of the use changing within a year or two to
a more intensive use, such as a gasoline station with 6,500 tpd. Commissioners noted there were six to
eight RA -zoned residential lots in the middle of this commercial area along Route 11. They questioned
the timing of the rezoning and thought it may be premature, based on the impacts. At some future time,
they believed the entire area will probably be commercial; however, in the interim, the residences would
have to be protected. Commissioners said they would have preferred to have the more intensive B2
uses proffered out of this application. The Deputy Director Transportation reinforced his previous
comments regarding the impacts of this project on the transportation network and the potential need for
site signalization generated by this request.
The Planning Commission voted unanimously to table the application for 45 days in order to provide
the applicant the opportunity to evaluate the timing and scale of the proposed uses and, in particular, the
more intensive uses permitted in a B2 (Business General) Zoning District.
(Note: Commissioners Kerr and Mohn were absent from the meeting.)
PLANNING COMMISSION SUMMARY AND ACTION OF THE 9/16/09 MEETING:
The staff reported that this rezoning application was extensively discussed by the Commission at the
August 5, 2009 meeting. Issues particularly discussed included the potential impacts on surrounding
residential properties and how this site fit in with the improvements to the Route 11 corridor, with
signalization specifically discussed, and comparisons were made of the commitments ofthis request
against the needs of the area. Staff reported that since the Commission's original review ofthis request,
the applicant revised their proffer statement and provided for several additional items to address the
concerns expressed. The applicant addressed restricting the hours of operation and restricted several
uses on the property, recognizing the adjacent residentially -zoned property. The applicant also provided
more intensive screening, depicted in the revised GDP, which included an eight -foot opaque fence
along with additional evergreen plantings. Staff cautioned about placing too many plantings within a
25 -foot area because the crowded landscaping could possibly affect the survival rate of the plantings.
Rezoning #04 -09 Wampler Property
October 5, 2009
Page 10
The applicant stated that as long as the adjoining land uses remained residential, car washes would be
proffered out as a possible use. In addition, the applicant reviewed the land uses they had proffered out,
regardless of the adjoining use. The applicant talked about the proposed landscaping along the north,
west, and southern property boundaries. He noted that existing mature trees along the property
boundaries will be preserved. The applicant stated the ordinance requires them to have a 25 -foot
inactive buffer between the property line and the site; the applicant was proposing an eight -foot fence
with required plantings by ordinance, specifically three plants per ten linear feet, typically done within a
ten -foot easement. Since they have 25 feet available, they will have a fence, a ten -foot landscaped
easement. and they will have another 15 feet to work with for their additional single row of evergreens.
The applicant believed this was more than enough space for the plantings to survive.
An adjoining property owner to the south commented there were no existing trees along the southern
border and he asked if there could possibly be some landscaping placed along that property boundary.
He also inquired about the existing house on the property.
Commission members were pleased to see the proffer protecting existing trees along the property
boundaries. However, they suggested the applicant consider how much area around those trees needed
to be protected to ensure the trees will survive beyond the first few years of development of the site,
especially since this was an important proffer for the adjoining property owners. The applicant was
asked to give some thought about how that could be incorporated into the proffer statement.
Commissioners asked the staff about the necessity for a traffic signal at this location. The staff pointed
out the County's desire not to over proliferate traffic signals on key roadways. Staff noted that
utilization of a traffic signal was a way to address the potential impacts caused by more intensive uses at
this site. However, other methods could be implemented to address the impacts of a more intensive use,
such as corridor improvements and the utilization of a right -in, right -out entrance.
Some members of the Commission continued to have concerns about the traffic pattern at this location.
A motion was made and seconded to approve the rezoning with the stipulation that a right -in, right -out
entrance was utilized. This motion failed, however, by the following vote:
YES (TO REC. APPROVAL W/ RT -IN, RT -OUT): Ruckman, Thomas
NO: Unger, Ambrogi, Manuel, Wilmot, Madagan, Triplett, Mohn
A new motion was made and seconded to recommend approval of the rezoning as presented. This
motion was passed by the following majority vote:
YES (TO REC. APPROVAL): Unger, Ambrogi, Manuel, Wilmot, Madagan, Triplett, Mohn
NO: Ruckman, Thomas
(Note: Commissioners Crosen, Oates, and Kriz were absent from the meeting.)
REZONING APPLICATION #04 -09
WAMPLER PROPERTY
Staff Report for the Planning Commission
Prepared: September 1, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 08/05/09 Tabled by PC 45 days
09/16/09 Pending
Board of Supervisors: 09/09/09 Pending
PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Use.
LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately
1,900 feet north of the intersection of Route 11 and Old Charlestown Road.
EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 09/16/09 PLANNING
COMMISSION MEETING:
The Applicant provided the Planning Commission with an updated Proffer Statement dated August 7,
2009. This revised Proffer Statement includes several modifications, some of which were discussed
during the Planning Commission meeting, and a couple which are aimed at further attempting to
mitigate the impacts associated with this request on the surrounding residential properties. These
include the addition of some use restrictions and controls to the hours of operation, and a more intensive
screening plan which has been located on the revised Generalized Development Plan.
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan. The
property is in the vicinity of existing and proposed commercial land uses and efforts have been made to
address the Developmentally Sensitive character of this area. The application seeks to address the
appearance of the Route 11 corridor, and provides a monetary contribution towards transportation
improvements adjacent to this site.
It would appear as though the significant level of intensification of this site may be impactful to the
surrounding area, including the business corridor, and the adjacent residential properties. The
Commission should ensure that a satisfactory level of expectation has been met regarding:
1) Site design considerations on the property, along the properties frontage, and the
potential impacts to the surrounding properties.
2) Sufficient value has been provided in the transportation contributions aimed at
addressing the transportation impacts of this project when compared to the
implementation of the improvements at this time.
Following the public meeting, a recommendation regarding this rezoning application to the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning #04 -09 Wampler Property
September I, 2009
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed
Planning Commission: 08/05/09
09/16/09
Board of Supervisors: 09/09/09
PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Use.
LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately
1.900 feet north of the intersection of Route 11 and Old Charlestown Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44B -1 -12D
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Area)
South: RA (Rural Area)
East: B2 (Business General)
West: RA (Rural Area)
Use:
Use:
Use:
Use:
Action
Tabled by PC 45 days
Pending
Pending
Residential
Residential
Commercial /Residential
Residential
Rezoning #04 -09 Wampler Property
September 1, 2008
Page 3
REVIEW EVALUATIONS:
Frederick County Transportation: Please see additional Frederick County Transportation
Comments provided by Mr. John Bishop on page 5 of this report:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 11. This route is the VDOT roadway which
has been considered as the access to the property. VDOT is not satisfied that the transportation proffers
offered in the revised Wampler Property rezoning application dated November 25, 2008 address
transportation concerns associated with this request. Specifically: Proffers 1.3. We would like to see
the last sentence read: "Said entrance and turn lanes shall be subject to VDOT review and approval at
time of site plan Proffer 1.5. We would like the following statement removed: "Use of said
interparcel connection will be at the discretion of the applicant
Fire Marshal: Plan approval recommended.
Public Works Department: 1. Refer to the impact analysis statement on page 1: The discussion
indicates that the subject site was previously used for mobile home pad sites. We recommend that the
narrative be expanded to indicate the disposition of the drainfields and possibly wells that served these
mobile home sites. The narrative should also include a reference to the existing single family residence
which remains on the site. 2. Refer to the environmental discussion included on page 2: The discussion
of the soil conditions should be expanded to include a description of the underlying karst limestone
bedrock and the potential for solutioning. 3. A discussion of site drainage and proposed stormwater
management shall be included in the impact analysis. It should be noted that Best Management
Practices will be required by the Virginia Department of Conservation and Recreation.
Department of Inspections: No comments required at this time.
Sanitation Authority: Water is available to the site. Forced sewer parallels the railroad track located
to the west of the site.
Service Authority: No comments.
Health Department: The Health Department has no objection if public water and sewer are available
to the property. The necessary easements for connection to public sewer should be obtained either prior
to the rezoning approval or as a condition of the approval, whichever is appropriate.
Department of Parks Recreation: It appears the applicant has provided for a bike pedestrian (ten
feet) trail that is consistent with the County Comprehensive Plan.
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 the
Rezoning #04 -09 Wampler Property
September 1, 2009
Page 4
National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
GIS: No road names are required at this time. Structure numbering will be assigned during the permit
construction phase of development.
Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the
Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall
outside of the airport's Part 77 close in surfaces.
Public Schools: We offer no comments.
Frederick County Attorney: Please see attached letter dated February 17, 2009, from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memo dated February 20, 2009 from Michael T. Ruddy,
AICP, Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcel as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County.
The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility
and is further defined as an urban four -lane divided facility with a landscaped median. The Plan
states that proposed industrial and commercial development should only occur if impacted roads
function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan
designates Route 11 as a short-term designated route.
Rezoning #04 -09 Wampler Property
September 1, 2009
Page 5
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered one full commercial
entrance on Martinsburg Pike and potentially three points of inter parcel connectivity to the
surrounding properties. Pedestrian and bicycle accommodations have been provided along the
road frontage of this project.
2) Site Suitability/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. This
area is also known for karst topography. The Frederick County Engineer has identified that this
issue, along with consideration of best management practices should be addressed at the time of
detailed site plan design.
3) Potential Impacts
A. Transportation (Provided by John Bishop, Deputy Director- Transportation)
Based upon the scenarios described in the Applicant's TIA (A Traffic Impact Analysis of
Wampler Property dated 03/11/2008), the TIA describes improvements that are necessary to
achieve /maintain an acceptable level of service. Not all of these improvements are provided
by this applicant or others. For example, the build out of scenario 1 as notated on page 19 of
the TIA indicates a signal at the site entrance. While staff would not be supportive of an
additional signal being put in place at this location, the analysis does indicate that level of
impact. However, the proffers do not address the equivalent value of a signal, but `max out'
at $100,000.00.
It is important to note that while the TIA analyzes two scenarios with significantly different
levels of traffic generation, the application is for unrestricted B2 zoning.
Based upon recent rezoning approvals in this vicinity, it would appear that the cash proffers
provided by the application are insufficient to offset the proposed impacts.
This application, and recent TIA's, has also demonstrated level of service and lane geometry
issues at the intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The
ultimate solution to this intersection has yet to be determined. Previous applications have
participated in providing a solution to achieve acceptable levels of service at this intersection by
providing a monetary contribution in various amounts that may be used to allow for the
development of improvements in the general area of this intersection.
Staff is satisfied with the proffered bicycle and pedestrian trail, and would note that it will be
important that the applicant tie these improvements into the development of the site, via
connections to the trail from the developed building(s).
Rezoning #04 -09 Wampler Property
September 1, 2009
Page 6
B. Design Standards
The project's location on a major corridor warrants particular attention. This attention is
provided in the application by a combination of proffered commitments aimed at designing the
development of the site. Specifically, the Applicant has provided a 25' wide Route 11 buffer.
This 25' wide buffer includes a 10' wide hiker biker trail, additional areas of landscaping which
will include a combination of plantings on both sides of the trail, and a split rail fence.
Additional on -site site design considerations would be desirable. Zoning District Buffers would
be required adjacent to the surrounding residential properties. However, this may be an area
where additional considerations are warranted.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However, it is
recognized that commercial uses generally provide a positive impact on community facilities
through the additional generation of tax revenue. This application makes an effort to address the
impacts to Fire and Rescue services by providing a monetary contribution in an amount of
$1,000. In addition, the application provides for a monetary contribution in the amount of
$1,000 for the Frederick County Sheriffs Office.
4) Proffer Statement —Dated June 12, 2008 with latest revision July 8, 2009 Ulna! revision dated
August 7, 2009 see Staff summary at end of report)
A) Generalized Development Plan
The Generalized Development Plan simply identifies site access and relates to the
specific points of the Proffer Statement. The GDP is supplemented by an exhibit that
further illustrates the proffered Route 11 buffer. This 25' wide buffer includes a 10'
wide hiker biker trail, additional areas of landscaping which will include a combination
of plantings on both sides of the trail, and a split rail fence. A particular area of
concern would be the use of the 10' landscaped strip for any parking lot landscaping
that would be in addition to the proffered buffer landscaping. The application should
provide for any parking lot requirements, including distance and landscaping to
begin from the edge of the proffered buffer, thus providing sufficient area to
accommodate the requirements.
B) Land Use
The Applicant has proffered to limit the development of the site to a maximum of
F.A.R. of 0.25, excluding self storage. In addition, a maximum of 6 gasoline pumps
with 2 fueling positions each for a maximum of 12 fueling positions may be developed
on the property. No land uses have been proffered out by the Applicant. Therefore, this
is an unrestricted request with regards to the permitted uses allowed in the B2 (Business
General) District.
Rezoning #04 -09 Wampler Property
September 1, 2009
Page 7
C) Site Design
Minimal architectural and lighting proffers have been made which are aimed to exceed
current County requirements. The application does not provide any additional
commitments aimed at designing the development of the site examples of which could
include a commitment to the building location, parking lot location, potential gasoline
fueling islands and their location, and additional buffering adjacent to residential
properties.
D) Transportation
The Applicant has proffered right -of -way dedication in the amount of 15' across the
properties Route 11 road frontage and to one commercial entrance on Route 11.
Generally, these improvements would be required as part of the site development. No
additional physical transportation improvements are proposed. As identified in the staff
report and Mr. Bishop's comments, additional improvements to Route 11 to achieve the
desired ultimate section, and signalization improvements at the site entrance, should be
addressed further; either through implementation or by a related commitment.
Included as part of the proffer statement is an exhibit that depicts the proffered
improvements adjacent to Route 11. In addition, three points for inter parcel
connectivity have been proffered within the future parking lot to the adjacent properties
to the north, south, and potentially to the west.
A monetary contribution has been proffered in the amount of $75,000 that may be
applied to road improvements in the general vicinity of the property. This may include
improvements in Martinsburg Pike and Hopewell and Brucetown Roads amongst others.
In the event that development of the property would exceed 2,000 vehicle trips per day
the monetary contribution will increase to $100,000. The 2,000 vehicle trip per day
amount provides a reasonable threshold for staging the contribution. However, the value
of the contribution should be evaluated based upon the potential impact of the trips and
the other identified transportation of the TIA.
E) Community Facilities
The Applicant proffers a monetary contribution in an amount of $1,000 to Frederick
County for fire and rescue services and a monetary contribution in an amount of $1,000
to Frederick County for Sheriff's Office Purposes.
STAFF CONCLUSIONS FOR THE 08/05/09 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this area. The application addresses the appearance of the Route 11
corridor, and provides a monetary contribution towards transportation improvements adjacent to this
site.
Rezoning #04 -09 Wampler Property
September 1, 2009
Page 8
The Commission should ensure that a satisfactory level of expectation has been met regarding 1) site
design considerations along the properties frontage and on the property, and 2) sufficient value in the
transportation contributions aimed at addressing the transportation impacts of this project when
compared to the implementation of the improvements at this time.
Following the public meeting, a recommendation regarding this rezoning application to the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/05/09 MEETING:
The Deputy Director Transportation reported that the TIA indicates a shortfall in the level of service
with increased vehicle trips, particularly in excess of2,000 vehicle trips per day. In terms of the overall
transportation package, there was a significant difference as far as the value to the County for other
similarly -sized parcels and similarly proposed uses recently rezoned. It was noted that since the self
storage use was not proffered, the applicant could do any B2 use by right, should the rezoning be
approved as presented. In particular, the TIA scenario, which includes a gasoline station, calls for a
traffic signal to maintain adequate levels of service at the entrance. It was noted that while the staff is
not supportive of the proliferation of traffic signals throughout the corridor, this analysis does a good
job of highlighting the improvement and quantifying the impact of a higher level of use. Based on this
information, the Deputy Director Transportation concluded that the value of the applicant's proffer
package was insufficient compared to recent local rezonings and does not appear to offset impacts, in
terms of both physical improvements and cash proffers.
The applicant described the proffers dealing with site design to ensure that the proposed building will be
constructed using a high quality materials pallet and the provision of a substantial Route 11 buffer
including Landscaping, a hiker/biker trail, a split -rail fence, and restrictive on -site lighting. The
applicant noted that a possible fueling station indicates a traffic generation of 6,500 tpd and with
VDOT's 40% by -pass reduction, the trip generation is reduced to 3,900 tpd. Regarding the issue of a
traffic signal, the applicant did not believe the proposed development would cause the need for a traffic
signal as much as the background traffic along the Route 11 corridor; the applicant also noted that the
monetary contribution would cover half the cost of a traffic signal.
During the public comment portion of the hearing, one citizen, an adjoining property owner, came
forward to speak in opposition to the rezoning. The adjoining property owner was concerned the
proposed rezoning would negatively affect the value of his home and property. He was also concerned
about noise from a commercial development, increased traffic on Route 11, and the history of sewage
problems experienced on the Wampler property.
The Planning Commission expressed concerns that no uses had been proffered out of the proposed B2
rezoning and the range in the intensity of commercial uses for the site was problematic in assessing the
possible impacts. If a higher intensity use was developed on the property, Commissioners preferred to
see additional buffers and screening to protect adjacent residential uses from the increased activity,
noise, and lights. Commissioners inquired if the applicant had considered limiting the hours of
operation.
Rezoning #04 -09 Wampler Property
September 1, 2009
Page 9
Considering the issues raised, the applicant offered to construct an eight -foot fence, which would
provide a permanent, opaque screening element, and a third row of trees along with the required
Category B Buffer. Existing mature trees along the property line would remain undisturbed; 50 feet of
total buffer area was being proposed. The applicant said he would look into the possibility of limiting
the hours of operation.
Commission members were cautious about assessing the impacts based solely on a self service storage
use generating less than 2,000 tpd because of the possibility of the use changing within a year or two to
a more intensive use, such as a gasoline station with 6,500 tpd. Commissioners noted there were six to
eight RA -zoned residential lots in the middle of this commercial area along Route 11. They questioned
the timing of the rezoning and thought it may be premature, based on the impacts. At some future time.
they believed the entire area will probably be commercial; however, in the interim, the residences would
have to be protected. Commissioners said they would have preferred to have the more intensive B2
uses proffered out of this application. The Deputy Director Transportation reinforced his previous
comments regarding the impacts of this project on the transportation network and the potential need for
site signalization generated by this request.
The Planning Commission voted unanimously to table the application for 45 days in order to provide
the applicant the opportunity to evaluate the timing and scale of the proposed uses and, in particular, the
more intensive uses permitted in a B2 (Business General) Zoning District.
(Note: Commissioners Kerr and Mohn were absent from the meeting.)
STAFF UPDATE SUMMARY FOR THE 09/16/09 PLANNING COMMISSION MEETING:
The revised Proffer Statement, dated August 7, 2009, provided by the Applicant, includes several
modifications, some of which were discussed during the Planning Commission meeting, and a couple
which are aimed at further attempting to mitigate the impacts associated with this request on the
surrounding residential properties.
More specifically, these include the addition of some use restrictions which prohibit the following uses
on the property: Communication Facilities, Truck Stops, Hotels and Motels, Motion Picture Theaters,
and Adult Retail, in addition to prohibiting Car washes for the extent of the time the adjoining
properties are residential in use. Also, while the adjoining properties are in residential use, the Applicant
has limited the hours of operation to between the hours of 7:00 a.m. and 10:00 p.m.
The Applicant has provided a more intensive screening plan which has been located on the revised
Generalized Development Plan. An 8' high fence is proffered in Lieu of the required 6' high fence and
an additional row of evergreen trees has been proffered. Please note that this additional row of
evergreen trees has been proposed for the 25' inactive portion of the required buffer. This area
already contains a large amount of landscaping and screening as required by Ordinance. It may be
problematic to place additional landscaping within such a small area. It is usual for any additional
landscaping to be placed in an area of additional area beyond that already required.
Rezoning #04 -09 Wampler Property
September 1, 2009
Page 10
It would appear as though the significant level of intensification of this site may be impactful to the
surrounding area including the business corridor, and the adjacent residential properties. This is from
the perspective of the buffering and screening and from the potential need for signalization of the site on
an already busy corridor.
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan. The
property is in the vicinity of existing and proposed commercial land uses and efforts have been made to
address the Developmentally Sensitive character of this area. The application seeks to address the
appearance of the Route 11 corridor, and provides a monetary contribution towards transportation
improvements adjacent to this site.
The Commission should ensure that a satisfactory level of expectation has been met regarding:
1) Site design considerations on the property, along the properties frontage, and the
potential impacts to the surrounding properties.
2) Sufficient value has been provided in the transportation contributions aimed at
addressing the transportation impacts of this project when compared to the
implementation of the improvements at this time.
REZONING APPLICATION #04 -09
WAMPLER PROPERTY
Staff Report for the Planning Commission
Prepared: July 21, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 08/05/09 Pending
Board of Supervisors: 09/09/09 Pending
PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Use.
LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately
1,900 feet north of the intersection of Route 11 and Old Charlestown Road
EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 08/05/09 PLANNING
COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this area. The application addresses the appearance of the Route 11
corridor, and provides a monetary contribution towards transportation improvements adjacent to this
site.
The Commission should ensure that a satisfactory level of expectation has been met regarding:
1) Site design considerations on the property and along the properties frontage,
2) Sufficient value has been provided in the transportation contributions aimed at
addressing the transportation impacts of this project when compared to the
implementation of the improvements at this time.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning #04 -09 Wampler Property
July 21, 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
Planning Commission: 08/05/09
Board of Supervisors: 09/09/09
PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers, for Commercial Use.
LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11),
approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately
1,900 feet north of the intersection of Route 11 and Old Charlestown Road
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44B -1 -12D
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Area)
South: RA (Rural Area)
East: B2 (Business General)
West: RA (Rural Area)
Use:
Use:
Use:
Use:
Action
Pending
Pending
Residential
Residential
Commercial/Residential
Residential
Rezoning #04 -09 Wampler Property
July 21, 2008
Page 3
REVIEW EVALUATIONS:
Frederick County Transportation: Please see additional Frederick County Transportation
Comments provided by Mr. John Bishop on page 5 of this report:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant measurable impact on Route 11. This route is the VDOT roadway which
has been considered as the access to the property. VDOT is not satisfied that the transportation proffers
offered in the revised Wampler Property rezoning application dated November 25, 2008 address
transportation concerns associated with this request. Specifically: Proffers 1.3. We would like to see
the last sentence read: "Said entrance and turn lanes shall be subject to VDOT review and approval at
time of site plan". Proffer 1.5. We would like the following statement removed: "Use of said
interparcel connection will be at the discretion of the applicant
Fire Marshal: Plan approval recommended.
Public Works Department: 1. Refer to the impact analysis statement on page 1 The discussion
indicates that the subject site was previously used for mobile home pad sites. We recommend that the
narrative be expanded to indicate the disposition of the drainfields and possibly wells that served these
mobile home sites. The narrative should also include a reference to the existing single family residence
which remains on the site. 2. Refer to the environmental discussion included on page 2• The discussion
of the soil conditions should be expanded to include a description of the underlying karst limestone
bedrock and the potential for solutioning. 3. A discussion of site drainage and proposed stormwater
management shall be included in the impact analysis. It should be noted that Best Management
Practices will be required by the Virginia Department of Conservation and Recreation.
Department of Inspections: No comments required at this time.
Sanitation Authority: Water is available to the site. Forced sewer parallels the railroad track located
to the west of the site.
Service Authority: No comments.
Health Department: The Health Department has no objection if public water and sewer are available
to the property. The necessary easements for connection to public sewer should be obtained either prior
to the rezoning approval or as a condition of the approval, whichever is appropriate.
Department of Parks Recreation: It appears the applicant has provided for a bike pedestrian (ten
feet) trail that is consistent with the County Comprehensive Plan.
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 the
Rezoning #04 -09 Wampler Property
July 21, 2009
Page 4
National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
GIS: No road names are required at this time. Structure numbering will be assigned during the permit
construction phase of development.
Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the
Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall
outside of the airport's Part 77 close in surfaces.
Public Schools: We offer no comments.
Frederick County Attorney: Please see attached letter dated February 17, 2009, from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memo dated February 20, 2009 from Michael T. Ruddy,
AICP, Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcel as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -11
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County.
The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility
and is further defined as an urban four -lane divided facility with a landscaped median. The Plan
states that proposed industrial and commercial development should only occur if impacted roads
function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan
designates Route 11 as a short-term designated route.
Rezoning #04 -09 Wampler Property
July 21, 2009
Page 5
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered one full commercial
entrance on Martinsburg Pike and potentially three points of inter parcel connectivity to the
surrounding properties. Pedestrian and bicycle accommodations have been provided along the
road frontage of this project.
2) Site Suitability/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands. This
area is also known for karst topography. The Frederick County Engineer has identified that this
issue, along with consideration of best management practices should be addressed at the time of
detailed site plan design.
3) Potential Impacts
A. Transportation (Provided by John Bishop, Deputy Director Transportation)
Based upon the scenarios described in the Applicant's TL4 (A Traffic Impact Analysis of
Wampler Property dated 03/11/2008), the TL4 describes improvements that are necessary to
achieve/maintain an acceptable level of service. Not all of these improvements are provided
by this applicant or others. For example, the build out of scenario 1 as notated on page 19 of
the TIA indicates a signal at the site entrance. While staff would not be supportive of an
additional signal being put in place at this location, the analysis does indicate that level of
impact. However, the proffers do not address the equivalent value of a signal, but `max out'
at $100,000.00.
It is important to note that while the TIA analyzes two scenarios with significantly different
levels of traffic generation, the application is for unrestricted B2 zoning.
Based upon recent rezoning approvals in this vicinity, it would appear that the cash proffers
provided by the application are insufficient to offset the proposed impacts.
This application, and recent TIA' s, has also demonstrated level of service and lane geometry
issues at the intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The
ultimate solution to this intersection has yet to be determined. Previous applications have
participated in providing a solution to achieve acceptable levels of service at this intersection by
providing a monetary contribution in various amounts that may be used to allow for the
development of improvements in the general area of this intersection.
Staff is satisfied with the proffered bicycle and pedestrian trail, and would note that it will be
important that the applicant tie these improvements into the development of the site, via
connections to the trail from the developed building(s).
Rezoning #04 -09 Wampler Property
July 21, 2009
Page 6
B. Design Standards
The project's location on a major corridor warrants particular attention. This attention is
provided in the application by a combination of proffered commitments aimed at designing the
development of the site. Specifically, the Applicant has provided a 25' wide Route 11 buffer.
This 25' wide buffer includes a 10' wide hiker biker trail, additional areas of landscaping which
will include a combination of plantings on both sides of the trail, and a split rail fence.
Additional on -site site design considerations would be desirable Zoning District Buffers would
be required adjacent to the surrounding residential properties. However, this may be an area
where additional considerations are warranted.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However, it is
recognized that commercial uses generally provide a positive impact on community facilities
through the additional generation of tax revenue. This application makes an effort to address the
impacts to Fire and Rescue services by providing a monetary contribution in an amount of
$1,000. In addition, the application provides for a monetary contribution in the amount of
$1,000 for the Frederick County Sheriff's Office.
4) Proffer Statement Dated June 12, 2008 with latest revision July 8, 2009
A) Generalized Development Plan
The Generalized Development Plan simply identifies site access and relates to the
specific points of the Proffer Statement. The GDP is supplemented by an exhibit that
further illustrates the proffered Route 11 buffer. This 25' wide buffer includes a 10'
wide hiker biker trail, additional areas of landscaping which will include a combination
of plantings on both sides of the trail, and a split rail fence. A particular area of
concern would be the use of the 10' landscaped strip for any parking lot landscaping
that would be in addition to the proffered buffer landscaping. The application should
provide for any parking lot requirements, including distance and landscaping to
begin from the edge of the proffered buffer, thus providing sufficient area to
accommodate the requirements.
B) Land Use
The Applicant has proffered to limit the development of the site to a maximum of
F.A.R. of 0.25, excluding self storage. In addition, a maximum of 6 gasoline pumps
with 2 fueling positions each for a maximum of 12 fueling positions may be developed
on the property. No land uses have been proffered out by the Applicant. Therefore, this
is an unrestricted request with regards to the permitted uses allowed in the B2 (Business
General) District.
Rezoning #04 -09 Wampler Property
July 21, 2009
Page 7
C) Site Design
Minimal architectural and lighting proffers have been made which are aimed to exceed
current County requirements. The application does not provide any additional
commitments aimed at designing the development of the site examples of which could
include a commitment to the building location, parking lot location, potential gasoline
fueling islands and their location, and additional buffering adjacent to residential
properties.
D) Transportation
The Applicant has proffered right -of -way dedication in the amount of 15' across the
properties Route 11 road frontage and to one commercial entrance on Route 11.
Generally, these improvements would be required as part of the site development. No
additional physical transportation improvements are proposed. As identified in the staff
report and Mr. Bishop's comments, additional improvements to Route 11 to achieve the
desired ultimate section, and signalization improvements at the site entrance, should be
addressed further; either through implementation or by a related commitment.
Included as part of the proffer statement is an exhibit that depicts the proffered
improvements adjacent to Route 11. In addition, three points for inter parcel
connectivity have been proffered within the future parking lot to the adjacent properties
to the north, south, and potentially to the west.
A monetary contribution has been proffered in the amount of $75,000 that may be
applied to road improvements in the general vicinity of the property. This may include
improvements in Martinsburg Pike and Hopewell and Brucetown Roads amongst others.
In the event that development of the property would exceed 2,000 vehicle trips per day
the monetary contribution will increase to $100,000. The 2,000 vehicle trip per day
amount provides a reasonable threshold for staging the contribution. However, the value
of the contribution should be evaluated based upon the potential impact of the trips and
the other identified transportation of the TIA.
E) Community Facilities
The Applicant proffers a monetary contribution in an amount of $1,000 to Frederick
County for fire and rescue services and a monetary contribution in an amount of $1,000
to Frederick County for Sheriff's Office Purposes.
STAFF CONCLUSIONS FOR THE 08/05/09 PLANNING COMMISSION MEETING:
The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and
the commercial designation for this area. The application addresses the appearance of the Route 11
corridor, and provides a monetary contribution towards transportation improvements adjacent to this
site.
Rezoning #04 -09 Wampler Property
July 21, 2009
Page 8
The Commission should ensure that a satisfactory level of expectation has been met regarding 1) site
design considerations along the properties frontage and on the property, and 2) sufficient value in the
transportation contributions aimed at addressing the transportation impacts of this project when
compared to the implementation of the improvements at this time.
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.
0
75
150
300 Feet
Wam pier Property
REZ 04 09 (RA to B2)
PIN: 44B 1 12D
CURRENT ZONING
Future R137 Bypass Zoning
P pplicalion Bl (Rusin." Nrlghho hood Mulct)
s 14 Dan Iksdopinent a B2 Business. Cruet id Dlmisp
tit
S \1S.a B3 (Business. Induslrl:d IYand0on Dlslrkp
ITI IExtractn Alanlll mining [minim
IIE (IBgtln Education Dlshln)
if =1 All thickish Jai. light D1.4tic1)
Casa PI
AC (hohls[dal, Gnm al I)IsI, In)
MHI (Bioldlr Home (Mnlnwnty flkll kt)
A6 (M.dk nl Suppo I Milt-0
op R4 (Residential Unwell Couunnullc DE 1 k
R5 1RWUeIIIh l Roo eational Collnntutllc l)
(J R', (Rural.lrea Blur BO
RP (Resldential Perin In2twe DL kit
Map C0cuniert. IF:4_i_Lo or_Mps 91REZ040 _W npletPropeny_l: )51 Irn:i; 7115200
Npo
0
75
150
300 Feet
Wampler Property
REZ 04 09 (RA to B2)
PIN: 44B 1 12D
Future Rt37 Bypass Zoning
Application ice, B1 (Business, Neighborhood District)
Urban Development Ares B2 (Business, General Distrist)
SWSA B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
all AE (Higher Education District) i
MI (Industrial, Light District)
CURRENT ZONING
411110
41110
Case PI
M2 (Industrial, General District)
MB) (Mobile Home Community District)
MS (Medical Support District)
R4 (Residential Planned Community Distris
RS (Residential Recreational Community Di
RA (Rural.Arra District)
RP (Residential Performance District)
Map document (F.1_1_Locator_ Mps120091REZD409 WamplerProperly_0ri509. 7115/200
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicants:
Address: 117 East Piccadilly Street
Name: Wampler Mobile Homes
c/o Jack Wampler Sr.
Jack Wampler Jr.
Address: 2648 Martinsburg Pike
Stephenson, VA 22656
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
Name: Patton Harris Rust Associates Telephone: (540) 667.2139
c/o Patrick Sowers
Winchester, Virginia 22601
2. Property Owner (if different than above)
3. Contact person(s) if other than above
Telephone: (540) 667 -7772
Name: Patrick Sowers Telephone: (540) 667.2139
4. Checklist: Check the following items that have been included with this application.
Location Map X Agency Comments
Plat Fees
Deed of property X Impact Analysis Statement
Verification of taxes paid X Proffer Statement
X
X
1
Acres
Current Zoning
Zoning Requested
2.16
RA
B2
2.16
Total acreage to be rezoned
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:
Wampler Mobile Homes
Jack Wampler Sr.
Jack Wampler Jr.
6. A) Current Use of the Property: Mobile Home Residential
B) Proposed Use of the Property: Commercial
7. Adjoining Property: SEE ATTACHED.
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 West and adjacent to Route 11 (Martinsburg Pike)
approximately 1000 feet south of the intersection of Route 11 and Stephenson
Road and approximately 1900 feet north of the intersection of Route 11 and Old
Charlestown Road.
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: 44B -1 -12D
Districts
Magisterial: Stonewall
Fire Service: Clearbrook
Rescue Service: Clearbrook
High School: James Wood
Middle School: James Wood
Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category being requested.
2
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 Mobile Home Hotel Rooms
Office
Retail Manufacturing
Restaurant Flex Warehouse
Other
12. Signature:
Applicant(s)
Square Footage of Proposed Uses
Service Station 12 Pump Station
(Scenario 1- Worst Case)
37,655 Self Storage
(Scenario 2 Intended)
I (we), the undersigned, do hereby respectfully make application and petition the Frederick County
Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick
County, Virginia. I (we) authorize Frederick County officials to enter the property for site
inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at the front
property line at least seven days prior to the Planning Commission public hearing and the Board of
Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the
hearing.
1 (we) hereby certify that this application and its accompanying materials are true and accurate to
the best of my (our) knowledge.
Date 7/94'S
3
Know All Men 13y Those Present: That I (We)
(Name) Wampler's Mobile Homes
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540- 665 -6395
(Address) 2648 Martinsburg Pike Stephenson, VA 22656
the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument Number: 020018080 and is described as
Tax Map Parcel 44B -1 -12D Subdivision:
do hereby make, constitute and appoint:
Signature(s)
rN taty Pub is
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
(Phone) 540.667.7772
(Name) Patton Harris Rust Associates (Phone) 540.667.2139
(Address) 117 P. 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 proffered
conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified. 3
In witness thereof, I (we) have hereto set my (our) hand and seal this
day of_f200
State of Virginia, City /County of Fr-'G� To -wit:
I J X1 5 aces- lC a Notary Public in and for 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 /;3' day of 200 l.
My Commission Expires:
Jason Brent Orndorff
Commonwealth of Virginia
Notary Public
Commission No, 237449
My Commission Expires 0229/2012
cah aoI Z
Name
Property Identification Number (PIN)
Address
Name:
Property
Wampler's Mobile Homes
44 -A -55
2648 Martinsburg Pike
Stephenson, VA 22656
Name:
Property
Wampler's Mobile Homes
44 -A -56
2648 Martinsburg Pike
Stephenson, VA 22656
Name:
Property
Ronald Simkhovitch
44 -1 -A
2929 Valley Ave
Winchester, VA 22601
Name:
Property
Nicholas Brenda Pinchot
44B -1 -12C
2613 Martinsburg Pike
Stephenson, VA 22656
Name:
Property
Easy Living Associates
44B -1 -6
2489 -3 Martinsburg Pike
Stephenson, VA 22656
Name:
Property
Name:
Property
Name:
Property
Name:
Property
Name:
Property
Name:
Property
Name:
Property
Name:
Property
Name:
Property
Adjoining Property Owners Wampler Property
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 2"" floor of the Frederick County
Administrative Building, 107 North Kent Street.
NOTES:
O'
/P 13' G'
Q Q
O�5 4 g ')o. o f
e
1 000 oN
ti
1. FREDERICK COUNTY PIN: 44B -1 -12D
2. OWNERSHIP PROPERTY OUTLINE ARE
BASED ON THE DEED RECORDED AS DB 927,
PG 1092. MERIDIAN IS BASED ON THE PLAT
RECORDED AS DB 226, PG 222.
3. THE PROPERTY DESCRIPTION RECORDED IN
DB 927, PG 1092 DOES NOT
MATHEMATICALLY CLOSE.
GRAPHIC SCALE
IN FEET
1 inch 100 ft.
Jo
P
0
EXHIBIT
PIN: 44B -1 -12D
PROPERTY OF:
WAMPLER'S MOBILE HOMES
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1 =100' DATE: OCT. 31, 2008
Patton Harris Rust Associates
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493 SHEET 1 OF 1
0 PHR +A 2008