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HomeMy WebLinkAbout05-09 ApplicationOctober 15, 2009 Sincerely, Mr. John Lewis Painter- Lewis, P.L.C. 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 RE: REZONING #05 -09, DMJ HOLDINGS, LLC PINS: 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18, 64A -4 -19 AND 64A -4 -20 Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 14.2009. The above referenced application was approved to rezone 2.85 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Use. The properties are located at the northwest corner of Route 50 East and Custer Avenue (Route 781), in the Shawnee Magisterial District. The proffer statement, dated March 24, 2009, with final revision date of July 1, 2009, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Michael T. Ruddy Deputy Planning Director MTR/bhd Attachment x bttfWI5I RICK COQ Department of Planning and Development 540/665-5651 FAX: 540/665-6395 cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue DMJ Holdings, LLC, 345 Phelpsmore Lane, Winchester, VA 22602 Winchester Metals, 195 Ebert Rd., Winchester, VA 22603 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REZONING APPLICATION #05 -09 DMJ HOLDINGS, LLC Staff Report for the Board of Supervisors Prepared: October 5, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 09/16/09 Recommended approval Board of Supervisors: 10/14/09 Pending PROPOSAL: To rezone 2.85 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Use. LOCATION: The properties are located at the northwest corner of Route 50 East, Millwood Pike, and Custer Avenue (Route 781). EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 10/14/09 BOARD OF SUPERVISORS MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan and the Route 50 Business Corridor Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan. In particular, the transportation impacts of the request as they pertain to Route 50 and its intersection with Route 781, Custer Avenue. Additional corridor enhancement elements such as landscaping should be provided, and flexibility in the proffer statement with regards to final entrance locations and bicycle and pedestrian accommodations should be provided. The Applicant affirmed that ultimate flexibility would be provided to VDOT and Frederick County with regards to the final design of the entrance locations and bicycle and pedestrian accommodations. At their meeting of September 16, 2009, the Planning Commission recommended approval of this request, with proffers as presented, by a majority vote. 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 #05 -09 DMJ Holdings, LLC 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: 09/16/09 Board of Supervisors: 10/14/09 North: RP (Residential Performance) South: B2 (Business General) East: B2 (Business General) West: RP (Residential Performance) Use: Use: Use: Use: Action Recommended approval Pending PROPOSAL: To rezone 2.85 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Use. LOCATION: The properties are located at the northwest corner of Route 50 Ease and Custer Avenue (Route 781). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18, 64A -4 -19 and 64A -4 -20 PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential. Vacant ADJOINING PROPERTY ZONING PRESENT USE: Residential Commercial Car Lot Vacant Residential Rezoning #05 -09 DMJ Holdings, LLC October 5, 2009 Page 3 REVIEW EVALUATIONS: Frederick County Transportation: A proffer that leaves the door open for cooperation between the applicant, VDOT and the County to work out the best entrance and interconnectivity design at site plan phase would be appropriate. Based upon the recent rezoning at Old Charles Town and Route 11, the rezoning at Senseny Road and Greenwood Road and the importance of Route 50 to the County transportation system, it seems that the cash proffer for transportation does not offset the impacts of this rezoning. Bicycle and pedestrian improvements will need to be further refined to ensure connectivity to existing systems. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Routes 50 and 781. These routes are the VDOT roadways which have been considered as the access to the property. VDOT has reviewed the transportation proffers offered in the DMJ Holdings, LLC rezoning application dated July 1, 2009 addressing the transportation concerns associated with this request. It appears, after reviewing these proposed proffers for the improvements required for this rezoning, the improvements meet the threshold of acceptance for VDOT. There is one significant concern which VDOT needs to point out: Residents in subdivisions which are served by Route 781 who utilize this facility, will be required to travel west on Route 50 and make a U -turn at the intersection of Route 50 and Ryco Lane. Traffic then will travel west to the intersection of Route 50 and Route 781. If the Frederick County Board approves this rezoning, the potential for a negative impact on the flow of eastbound Route 50 tragic at the intersection of Ryco Lane and Route 50 could be significant. Fire Marshal: Plan approval recommended. Department of Inspections: No comment. Service Authority: No comments. Department of Parks Recreation: No comment. Public Works Department: 1. Refer to the discussion of the site suitability on page 2 of the impact analysis. Expand the discussion to include the potential existence of water wells and drainfields. These items should be accurately located on future site plans with references to appropriate abandonment procedures in accordance with the Virginia Department of Health guidelines. 2. Refer to the discussion of traffic on page 3 of the impact analysis. The discussion indicates that the site has frontage on both Custer Avenue and Millwood Pike. In actuality, access to Custer Avenue is via the old Route 50 right- of-way. It is possible that the property could be obtained from the Virginia Department of Transportation for the proposed proffered access improvements from Custer Avenue. Sanitation Authority: There should be sufficient sewer capacity and sufficient water pressure and volume to serve the rezoned parcels. Health Department: Health Department has no objection if public water and sewer are to be provided by the County. Rezoning #05 -09 DMJ Holdings. LLC October 5, 2009 Page 4 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the 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 National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Frederick County Public Schools: We offer no comments on this application. Winchester Regional Airport: The proposed rezoning request for DMJ Holdings, LLC would be considered compatible with airport operations. It appears that this type of rezoning will not impact business operations at the Winchester Regional Airport. We do request review of the site plan once it is developed. Applicant should be made aware that prior to site work being performed, in accordance with the Code of Virginia, Section 15.2 -2294, and the Federal Aviation Administration, the applicant must file a Notice of Proposed Construction, FAA Form 7460 -1 with the Federal Aviation Administration for proposed structure(s) and a separate 7460 -1 for construction equipment. Copies need to be forwarded to this office for record and review. Final comment on a site plan will be withheld pending the FAA's final determination with a copy forwarded to this office. This process could take upwards of 60 days and can be filed online. Frederick County Attorney: Please see attached e -mail dated May 26, 2009 and letter dated May 8, 2009, from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated May 26 2009 and e -mail dated August 12, 2009 from Michael T. Ruddy, AICP, Deputy Planning Director. Planning Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R -2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. 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] Rezoning #05 -09 DMJ Holdings, LLC October 5, 2009 Page 5 Land Use. The property is within the UDA and SW SA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 50 Business Corridor Plan. The land use plan identifies, more specifically, a business and office commercial designation with a transition back into the surrounding residential land uses. The business corridor expectations of the Comprehensive Plan should be recognized. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. The business corridor design standards in the Comprehensive Plan are relevant to this application. The standards call for landscaping along the major roadways and the screening of adjoining uses Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. The Eastern Road Plan section of the Comprehensive Plan designates Route 50 as an improved minor arterial roadway. Access on arterial roadways must be carefully managed to protect safety and capacity. Route 50 is identified as an urban six lane divided facility in this location. In 2007, the Governors Hill project was approved by Frederick County. This project includes a variety of transportation proffers which addresses improvements to the intersection of Route 50 and Prince Frederick Drive /Custer Avenue. The timing of these improvements in connection with the development of this property should be a consideration. Access management of Route 50 is a significant consideration. Any entrance onto Route 50 should be carefully designed to avoid additional degradation and conflicts of the areas traffic conditions. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Route 50 and a secondary access point is proposed to be provided from Route 781 (Custer Avenue) via a modified commercial entrance onto Route 781 generally using the existing right of way across the properties frontage. The Route 50 entrance would be in the form of a right in right out only entrance, the Route 781 entrance would be right in only. As noted above access to Route 50 must be carefully managed to protect the safety and capacity of Route 50. The ability for staff and VDOT to influence the design of entrances to this location at site plan will be an important consideration for this rezoning. Rezoning #05 -09 DMJ Holdings, LLC October 5, 2009 Page 6 4) Potential Impacts A. Transportation 3) Site Suitabilitv/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. A more thorough evaluation of the existing mature trees on the properties perimeter should be completed to determine if any can be incorporated into the design of the project. A proffer has been provided which seeks to address this. Such an approach is warranted as any building located to the rear of the site may sit at an elevation higher than the surrounding residential properties. The screening should be evaluated to ensure the adjacent residential properties are adequately protected. The TTA indicates that adequate levels of service should be able to be maintained. The applicant still needs to address V DOT's comment regarding U-turns on Route 50. Placement of bicycle and pedestrian facilities along Route 50 and connections to existing bicycle and pedestrian systems in the neighboring community will be important for this rezoning. Great care will need to be taken in design and implementation of entrances to this site. It would be appropriate for the proffers to ensure that Frederick County and VDOT will have adequate influence to make sure this happens. B. Design Standards The application does not provide for the addition of an enhanced landscaping element along the properties frontage with Route 50. This application could provide for additional street tree planting along the properties' road frontages. The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and may not fully address the corridor appearance goals of the Comprehensive Plan. Given the adjacent residentially zoned properties to the north and west of this site, it may be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. This may need to be in addition to the existing tree preservation proffer. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County for Fire and Rescue purposes. Rezoning #05 -09 DMJ Holdings, LLC October 5, 2009 Page 7 5) Proffer Statement Dated March 24, 2009 with latest revision July 1, 2009 A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan for the purpose of identifying the general configuration of the proposed commercial development; the location and form of the site access, the approximate location of inter parcel access easements, and construction improvements to Route 50 and 781. B) Land Use The Applicant has not proffered any limitation on the scope or square footage of the development that could occur on this site. Alternately, the proffer proposes to limit any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. It should be clarified that this trip count is cumulative Several land uses have been prohibited by the Applicant. These include; Car washes, Fast Food Restaurants with Drive through service windows, Automotive Dealers with outdoor display areas and Gasoline Service Stations, Model Home Sales Offices, Amusement and Recreational Services operated outdoors, Self Service Storage Facilities, and Adult Retail. Site Design New buildings are proffered to be constructed using compatible building architectural style and materials and have limited the facades of the building to certain materials. Staff note: A specific design, including building orientation, has not been provided. The building height has been limited to 35' as defined by the County's Zoning Ordinance. This proffer will ensure that the height of any building does not extend above the height limitations of the District, including any exceptions to the limitations for uses such as hotels. A parcel lighting proffer has been included which limits pole mounted and wall mounted luminaries from exceeding a height of 18'. Additional lighting expectations have been offered. It should be recognized that Frederick County has recently adopted new lighting standards which will guide the lumination o the site. The Applicant has proffered to identify and preserve existing vegetation within the 25' inactive buffer which can be preserved and incorporated into the screening requirements currently in place in Frederick County. It would be anticipated that this would serve to maintain a better buffer between the commercial activities and the residences. Rezoning #05 -09 DMJ Holdings, LLC October 5, 2009 Page 8 D) Transportation The Applicant has proffered frontage improvements on Route 781, Custer Avenue, and Route 50, Millwood Pike, including construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. The Proffers need to address the need for Frederick County and VDOT to have final approval over design of entrances in the site planning process. A restricted right -in right -out commercial entrance is proffered on Route 50. Access from Custer Avenue has been provided by a modified right in entrance that utilizes the existing right of way which runs in front of the properties. Additional median separation is also provided along Custer Avenue as identified on the Generalized Development Plan to facilitate traffic flow in this location. Additional storage capacity has been proffered to be provided in the existing Left turn lane on eastbound Route 50. The timing of this project should be evaluated against the timing of the installation of improvements to the Custer Avenue intersection with Route 50, specifically, the improvements proffered by the Governors Hill project which would improve the intersection to an acceptable level of service. The Applicant has proffered to provide $5,000.00 for future transportation improvements within the Route 781 and Route 50 right -of -ways. As 'toted earlieethe cash proffers appear inadequate when considering other recent B2 rezonings and the importance of Route 50 to the Frederick County transportation system. Inter parcel circulation and access has been proffered from all points of right of way ingress and egress to and from the site to the parcels which share a common boundary line to the east and west. A sidewalk has been proffered aimed at linking the project to the adjacent neighborhood of Pembridge Heights and a bicycle facility has been proffered on the Route 50 frontage. Bicycle and pedestrian accommodations need to be provided along Route 50 in keeping with adopted plans,and connections need to be made to the existing sidewalk system in the neighboring community (it would be expected that a connection be made to the existing sidewalk at the entrance to the Raven Wing neighborhood). E) Community Facilities The Applicant has proffered a monetary contribution in the amount $2,000.00 for impacts to Frederick County for fire and rescue purposes. Rezoning #05 -09 DMJ Holdings, LLC October 5, 2009 Page 9 STAFF CONCLUSIONS FOR THE 09/16/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan and the Route 50 Business Corridor Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan. In particular, the transportation impacts of the request as they pertain to Route 50 and its intersection with Route 781, Custer Avenue. Additional corridor enhancement elements such as landscaping should be provided, and flexibility in the proffer statement with regards to final entrance locations and bicycle and pedestrian accommodations should be provided. PLANNING COMMISSION SUMMARY ACTION OF THE 9/16/09 MEETING: The applicant reported spending a considerable amount with VDOT, the Planning Department, and the homeowners associations of Ravenwing and Pembridge Heights in identifying the impacts and the applicant believed they had succeeded in addressing those concerns through their proffers. The applicant believed the GDP, which identified the general configuration and location of the site access, the approximate location of inter parcel access easements, and the construction improvements to Custer Avenue (Rt. 781) and Millwood Pike (Rt. 50), worked conceptually; however, he said the transportation design needed to be engineered and sent through the site plan stage for review by both VDOT and the County. The applicant proceeded to describe the proposed transportation improvements. The Deputy Director- Transportation reported that the majority of issues had been worked out with the applicant; however, the County and VDOT wanted to be assured they could exert an adequate amount of influence at the site planning stage to be confident the entrances were properly designed and constructed. Two adjoining property owners spoke during the public comment portion of the hearing. The first citizen, speaking on behalf of himself and his neighbors, expressed his preference for a lower height restriction than the 35 -foot offered, so the neighbors could enjoy their backyards without a hotel overlooking their properties; they did not want a 24 -hour business or convenience store established because it would disrupt the neighborhood; they had safety concerns about the "U- turn" going back west on Route 50 and the blind spot created by vehicles turning into the Blue Fox. The other citizen talked about the high volume of traffic that has always been on Route 50 and the lack of traffic control over the years. She said vehicles frequently stack up at the traffic signal across from the Nissan Dealership and sometimes vehicles sit through three cycles of lights. She commented that the increased traffic volume coming out at Pembrooke was "cut through" traffic from Senseny Road She questioned the practicality of placing bicycle and pedestrian trails because of the steep slopes. Members of the Planning Commission expressed their concerns that the applicant's monetary proffer for transportation improvements appeared inadequate when considering other recently rezoned B2 parcels and the importance of Route 50 to the County's transportation system; they also believed the applicant's monetary contribution towards emergency services fell short of addressing future impacts. Rezoning #05 -09 DMJ Holdings, LLC October 5, 2009 Page 10 Other Commissioners supported the approval of the rezoning because it conformed to the Comprehensive Policy Plan and the Eastern Frederick County Land Use Plan. They believed the applicant had done as good a job as possible on a very challenging site. In addition, the applicant had worked with the neighborhood and proffered out intense commercial uses, such as drive through fast food restaurants, automotive dealers, gasoline service stations, and convenience stores; and, structure heights were limited to 35 feet instead of 60 feet. Commission members thought the improvements proposed by the applicant would add to the safety of the entrance. By a majority vote, the Planning Commission recommended approval of the proposed rezoning with proffers as presented. The majority vote was as follows: YES (TO APPROVE): Mohn, Triplett, Madagan, Thomas, Wilmot, Ruckman, Manuel, Ambrogi NO: Unger (Note: Commissioner Crosen, Oates, and Kriz were absent from the meeting.) DMJ Holdings LLC REZ 05 09 PIN: 64A 4 16, 64A 4 17, 64A 4 18, CURRENT LAND USE 64A -A- 19, 64A -4 -20 1 `4.0 Future Rt37 Bypass Long Range Land Use REZ0509_DMJHoldingsLLC 082509 r Urban DcrrlopmentArca \0 SWSA Rural Community Center Residential 4 Mixed Use Age Restricted Mixed•Use Business Mixed Use Commercial 1 Office RP to B2 Cas Highway Commercial Industrial Mixed Use Industrial %Office Urban Center Village Planned Unit Development Map Document tf %_t_ Locator_ tvlos1 20091REZ0509 _DMJHoldingsLLC_082509.mxd) 3i2Sit w YM6R E lDl�.ti GOLLEGIE PARK �E F(zEDERIC.r OFFSGE PART C O o Tor 0 125 250 GARPERS VALLEY TOWN GENTER 500 Feet r N/ r_ MAVEN WING MILLER HEIN-ITS DMJ Holdings LLC RP to B2 REZ 05 09 PIN: 64A 4 16, 64A 4 17, 64A 4 18, CURRENT ZONING 64A -A- 19, 64A -4 -20 Map Ddcument. (F:1_1_ Locator_M ps120091REZ0509 _DMJHoldingsLLC_D82509.rnxd) Case •41,„ r Future Rt37 Bypass Zoning M2 (Industrial, Genet Dist REZO509_DMJHoldingsLLC_O82509 81 (Business, Neighborhood District) MR1 (Mobile Hume Cumrno e��� Urban Development Area B2 (Business, General District) 41.0 MS (Medical Support Distri) No a SWSA B3 (Business, Industrial Transition District) R4 (Residential Planned Con EM (Extractive Manufacturing District) RS (Residential Recreational HE (Higher Education District) RA (Rural Area District) MI (Industrial, Light District) RP (Residential Performs net O P EMBRIDGET E CONSULTING ENGINEERS PAINTER- LEWES P.L.C 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662 -5792 Facsimile (540)662 -5793 Email officeapainterlewis.com PROJECT: LOT CONSOLIDATION EXHIBIT DMJ HOLDINGS, LLC. FREDERICK COUNTY, VIRGINIA SURVEY: NA C.I.: NA DRAWN BY: J08 NO.: P -L 0812002 SCALE: DATE: 1'= 100.0' 8/25/09 SHEET: EXHIBIT 6 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fee Amount Paid 0 Zoning Amendment Number Date Received c'o PC Iearing Date n //l_ 109 BOS Hearing Date /0 At /o9 1 The following information shall be providedby the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: LMtY k3ICIInc5,, LLC Address: 3 455 f e S Inno e One 2. Property Owner (if different than above) Name: �ti 111C Metals Address: c 15 E berf R cac ty Inches VA 33(41.2 3. Contact person if other than above Name: John (f L6 Telephone: 9k) (&2 519P th nfer- LeLt,1ls 2 L.6 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 10 Telephone: `e L:2 Q Oco Telephone (do 0 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: 6. A) Current Use of the Property: FeSjenfcc! Vacant gp B) Proposed Use of the Property: F2 6enered By 1 h e SS 7. Adjoining Property: PARCEL Ill NUMBER USE see Wicic hecl Shed 8. Location: The property is located at (give exact location hosed on nearest road and distance from nearest intersection, using road names and route numbers): Parcels are l occded Nerfh we s4 (or per Rt\c a SO aryl Cus Icr Avenue 1 1 ZONING Single Family homes: Non- Residential Lots: 10. Signature: Owner(s): 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Townhome: Multi- Family: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: Commercial- T.(3 0 I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that .the ,sign issued when this application is submitted must be placed at the front property Line at least seven days prior to the Planning Conmiission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right- of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): arm/ Date: 7/G/09 DHSS Hoia'ngs, L.L c ctA e n s195 t_ W inunesier h1etals Ire 12 Date: Date: 1 /U Date: 17//Co %9 FUTURE CONNECTION- DMJ HOLDINGS, L.L.C. FREDERICK COUNTY, VIRGINIA SCALE: 1"=2000' DATE: 2 -12 -09 JOB x/0812002 DRAWN BY: P -L REVISED: PAINTER LEWIS, P.L.C. WINCHESTER, VIRGINIA LOCATION MAP y_ N O P E M B J J D N Q E CONSULTING ENGINEERS PAINTER- LEWIS, P.L.C 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662 -5792 Facsimile (540)662 -5793 Email office @painterlewis.com PROJECT: LOT CONSOLIDATION EXHIBIT DMJ HOLDINGS, LLC. FREDERICK COUNTY, VIRGINIA SURVEY: NA NA DRAWN BY: JOB NO.: P -L 0812002 SCALE: DATE: 1'= 100.0' 8/25/09 SHEET: EXHIBIT 6 I SHEET: I SCALE: DATE: 1" =1200' 03/05/09 DRAWN BY: JOB NO2 JLF 0812002 SURVEY: C.I.: NA NONE PAINTER- LEWIS, RUC. 817 Cedar Creek Grade, Site 120 Winchester, Virginia 22601 Telephone (540)662 -5792 Facsimile (540)662 -5793 Email office ©painterlewis.com PROJECT: DMJ HOLDINGS, L ROUTE 50 AT CUSTE HISTORICAL PROP. FREDERICK COUNT' 11=P= CONSULTING ENGINEERS 2 II 0 0 J N a1 0) p1 m W N N m (0 (n W N O? W 1 1 1 1 1 11 1 20 m o m V )0 AO m m D r' 1 0 m O O D A' i N A -1 D O N A D' r m p0 mrr*1m Zm S;. D A O A CO A M p 1 T 2 _1 2 A 'T1 2 Z Q O N O Z K m O z m< m N m 2 C 00 X 0 c c 0 O K m m C 0 17 SURVEY REPORT OF FREDERICK COUNTY REZONING APPLICATION #05 -09 DMJ HOLDINGS, LLC Staff Report for the Planning Commission Prepared: September 1, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 09/16/09 Pending Board of Supervisors: 10/14/09 Pending PROPOSAL: To rezone 2.85 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Use. LOCATION: The properties are located at the northwest corner of Route 50 East, Millwood Pike, and Custer Avenue (Route 781). EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 09/16/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan and the Route 50 Business Corridor Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan. In particular, the transportation impacts of the request as they pertain to Route 50 and its intersection with Route 781, Custer Avenue. Additional corridor enhancement elements such as landscaping should be provided, and flexibility in the proffer statement with regards to final entrance locations and bicycle and pedestrian accommodations should be provided. 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 #05 -09 DMJ Holdings, LLC September 1, 2009 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist then in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 09/16/09 Pending Board of Supervisors: 10/14/09 Pending PROPOSAL: To rezone 2.85 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Use. LOCATION: The properties are located at the northwest corner of Route 50 Ease and Custer Avenue (Route 781). MAGISTERIAL DISTRICT: Shawnee PROPERTY Ill NUMBERS: 64A- 4 -16A, 64A -4 -16, 64A -4 -17, 64A -4 -18, 64A -4 -19 and 64A -4 -20 PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential, Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: B2 (Business General) East: B2 (Business General) West: RP (Residential Performance) Use: Residential Use: Commercial Car Lot Use: Vacant Use: Residential Rezoning #05 -09 DMJ holdings, LLC September 1, 2009 Page 3 REVIEW EVALUATIONS: Frederick County Transportation: A proffer that leaves the door open for cooperation between the applicant, VDOT and the County to work out the best entrance and interconnectivity design at site plan phase would be appropriate. Based upon the recent rezoning at Old Charles Town and Route 11, the rezoning at Senseny Road and Greenwood Road and the importance of Route 50 to the County transportation system, it seems that the cash proffer for transportation does not offset the impacts of this rezoning. Bicycle and pedestrian improvements will need to be further refined to ensure connectivity to existing systems. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Routes 50 and 781. These routes are the VDOT roadways which have been considered as the access to the property. VDOT has reviewed the transportation proffers offered in the DMJ Holdings, LLC rezoning application dated July 1, 2009 addressing the transportation concerns associated with this request. It appears, after reviewing these proposed proffers for the improvements required for this rezoning, the improvements meet the threshold of acceptance for VDOT. There is one significant concern which VDOT needs to point out: Residents in subdivisions which are served by Route 781 who utilize this facility, will be required to travel west on Route 50 and make a U -turn at the intersection of Route 50 and Ryco Lane. Traffic then will travel west to the intersection of Route 50 and Route 781. if the Frederick County Board approves this rezoning, the potential for a negative impact on the flow of eastbound Route 50 traffic at the intersection of Ryco Lane and Route 50 could be significant. Fire Marshal: Plan approval recommended. Public Works Department: 1. Refer to the discussion of the site suitability on page 2 of the impact analysis. Expand the discussion to include the potential existence of water wells and drainfields. These items should be accurately located on future site plans with references to appropriate abandonment procedures in accordance with the Virginia Department of Health guidelines. 2. Refer to the discussion of traffic on page 3 of the impact analysis. The discussion indicates that the site has frontage on both Custer Avenue and Millwood Pike. In actuality, access to Custer Avenue is via the old Route 50 right of -way. It is possible that the property could be obtained from the Virginia Department of Transportation for the proposed proffered access improvements from Custer Avenue. Department of Inspections: No comment. Sanitation Authority: There should be sufficient sewer capacity and sufficient water pressure and volume to serve the rezoned parcels. Service Authority: No comments. Health Department: Health Department has no objection if public water and sewer are to be provided by the County. Department of Parks Recreation: No comment. Rezoning #05 -09 DMJ Holdings, LLC September 1, 2009 Page 4 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the 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 National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Frederick County Public Schools: We offer no comments on this application. Winchester Regional Airport: The proposed rezoning request for DMJ Holdings, LLC would be considered compatible with airport operations. It appears that this type of rezoning will not impact business operations at the Winchester Regional Airport. We do request review of the site plan once it is developed. Applicant should be made aware that prior to site work being performed, in accordance with the Code of Virginia, Section 15.2 -2294, and the Federal Aviation Administration, the applicant must file a Notice of Proposed Construction, FAA Form 7460 -1 with the Federal Aviation Administration for proposed structure(s) and a separate 7460 -1 for construction equipment. Copies need to be forwarded to this office for record and review. Final comment on a site plan will be withheld pending the FAA's final determination with a copy forwarded to this office. This process could take upwards of 60 days and can be filed online. Frederick County Attorney: Please see attached e -mail dated May 26, 2009 and letter dated May 8, 2009, from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated May 26, 2009 and e -mail dated August 12. 2009 from Michael T. Ruddy, AICP, Deputy Planning Director. Planning Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R -2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. 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] Rezoning #05 -09 DMJ Holdings, LLC September 1, 2009 Page 5 Land Use. The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 50 Business Corridor Plan. The land use plan identifies, more specifically, a business and office commercial designation with a transition back into the surrounding residential land uses. The business corridor expectations of the Comprehensive Plan should be recognized. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Route 50. The business corridor design standards in the Comprehensive Plan are relevant to this application. The standards call for landscaping along the major roadways and the screening of adjoining uses Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. The Eastern Road Plan section of the Comprehensive Plan designates Route 50 as an improved minor arterial roadway. Access on arterial roadways must be carefully managed to protect safety and capacity. Route 50 is identified as an urban six lane divided facility in this location. In 2007, the Governers Hill project was approved by Frederick County. This project includes a variety of transportation proffers which addresses improvements to the intersection of Route 50 and Prince Frederick Drive /Custer Avenue. The timing of these improvements in connection with the development of this property should be a consideration. Access management of Route 50 is a significant consideration. Any entrance onto Route 50 should be carefully designed to avoid additional degradation and conflicts of the areas traffic conditions. Site Access and design. Site Access is proposed to be provided from two locations. Primary access to the site is via Route 50 and a secondary access point is proposed to be provided from Route 781 (Custer Avenue) via a modified commercial entrance onto Route 781 generally using the existing right of way across the properties frontage. The Route 50 entrance would be in the form of a right in right out only entrance, the Route 781 entrance would be right in only. As noted above access to Route 50 must be carefully managed to protect the safety and capacity of Route 50. The ability for staff and VDOT to influence the design of entrances to this location at site plan will be an important consideration for this rezoning. Rezoning #05 -09 DMJ Holdings, LLC September 1, 2009 Page 6 4) Potential Impacts A. Transportation 3) Site Suitability /Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcels which are identified in this application. A more thorough evaluation of the existing mature trees on the properties perimeter should be completed to determine if any can be incorporated into the design of the project. A proffer has been provided which seeks to address this. Such an approach is warranted as any building located to the rear of the site may sit at an elevation higher than the surrounding residential properties. The screening should be evaluated to ensure the adjacent residential properties are adequately protected. The TIA indicates that adequate levels of service should be able to be maintained. The applicant still needs to address VDOT' s comment regarding U -turns on Route 50. Placement of bicycle and pedestrian facilities along Route 50 and connections to existing bicycle and pedestrian systems in the neighboring community will be important for this rezoning. Great care will need to be taken in design and implementation of entrances to this site. It would be appropriate for the proffers to ensure that Frederick County and VDOT will have adequate influence to make sure this happens. B. Design Standards The application does not provide for the addition of an enhanced landscaping element along the properties frontage with Route 50. This application could provide for additional street tree planting along the properties' road frontages. The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and may not fully address the corridor appearance goals of the Comprehensive Plan. Given the adjacent residentially zoned properties to the north and west of this site, it may be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. This may need to be in addition to the existing tree preservation proffer. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County for Fire and Rescue purposes. Rezoning #05 -09 DMJ Holdings, LLC September I, 2009 Page 7 5) Proffer Statement Dated March 24, 2009 with latest revision July 1, 2009 A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan for the purpose of identifying the general configuration of the proposed commercial development; the location and form of the site access, the approximate location of inter parcel access easements, and construction improvements to Route 50 and 781. B) Land Use The Applicant has not proffered any limitation on the scope or square footage of the development that could occur on this site. Alternately, the proffer proposes to limit any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. It should be clarified that this trip count is cumulative Several land uses have been prohibited by the Applicant. These include; Car washes, Fast Food Restaurants with Drive through service windows, Automotive Dealers with outdoor display areas and Gasoline Service Stations, Model Home Sales Offices, Amusement and Recreational Services operated outdoors, Self Service Storage Facilities, and Adult Retail. C) Site Design New buildings are proffered to be constructed using compatible building architectural style and materials and have limited the facades of the building to certain materials. Staff note: A specific design, including building orientation, has not been provided. The building height has been limited to 35' as defined by the County's Zoning Ordinance. This proffer will ensure that the height of any building does not extend above the height limitations of the District, including any exceptions to the limitations for uses such as hotels. A parcel lighting proffer has been included which limits pole mounted and wall mounted luminaries from exceeding a height of 18'. Additional lighting expectations have been offered. It should be recognized that Frederick County has recently adopted new lighting standards which will guide the lumination of the site. The Applicant has proffered to identify and preserve existing vegetation within the 25' inactive buffer which can be preserved and incorporated into the screening requirements currently in place in Frederick County. It would be anticipated that this would serve to maintain a better buffer between the commercial activities and the residences. Rezoning #05 -09 DMJ Holdings, LLC September 1, 2009 Page 8 D) Transportation The Applicant has proffered frontage improvements on Route 781, Custer Avenue, and Route 50, Millwood Pike, including construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. The Proffers need to address the need for Frederick County and VDOT to have final approval over design of entrances in the site planning process. A restricted right -in right -out commercial entrance is proffered on Route 50. Access from Custer Avenue has been provided by a modified right in entrance that utilizes the existing right of way which runs in front of the properties. Additional median separation is also provided along Custer Avenue as identified on the Generalized Development Plan to facilitate traffic flow in this location. Additional storage capacity has been proffered to be provided in the existing left turn lane on eastbound Route 50. The timing of this project should be evaluated against the tinning of the installation of improvements to the Custer Avenue intersection with Route 50, specifically, the improvements proffered by the Governers Hill project which would improve the intersection to an acceptable level of service. The Applicant has proffered to provide $5,000.00 for future transportation improvements within the Route 781 and Route 50 right -of -ways. As noted earlier the cash proffers appear inadequate when considering other recent B2 rezonings and the importance of Route 50 to the Frederick County transportation system. Inter parcel circulation and access has been proffered from all points of right of way ingress and egress to and from the site to the parcels which share a common boundary line to the east and west. A sidewalk has been proffered aimed at linking the project to the adjacent neighborhood of Pembridge heights and a bicycle facility has been proffered on the Route 50 frontage. Bicycle and pedestrian accommodations need to be provided along Route 50 in keeping with adopted plans and connections need to be made to the existing sidewalk system in the neighboring community (it would be expected that a connection be made to the existing sidewalk at the entrance to the Raven Wing neighborhood). E) Community Facilities The Applicant has proffered a monetary contribution in the amount $2,000.00 for impacts to Frederick County for fire and rescue purposes. Rezoning #05 -09 DMJ Holdings, LLC September 1, 2009 Page 9 STAFF CONCLUSIONS FOR THE 09/16/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan and the Route 50 Business Corridor Plan. However, elements of the rezoning application have been identified that should be carefully evaluated as they do not fully address specific components of the Comprehensive Plan. In particular, the transportation impacts of the request as they pertain to Route 50 and its intersection with Route 781, Custer Avenue. Additional corridor enhancement elements such as landscaping should be provided, and flexibility in the proffer statement with regards to final entrance locations and bicycle and pedestrian accommodations should be provided. 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.