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HomeMy WebLinkAbout07-09 ApplicationF N fill COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 March 25, 2010 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: REZONING #07 -09, BURNS PROPERTY PINS: 54- A -112Q, 54- A -112D and 54- A -112P Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of March 24, 2010. The above - referenced application was approved to rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, for Commercial Uses. The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive, in the Red Bud Magisterial District. The proffer statement, originally dated September 4, 2008, with final revision date of January 12, 2010, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad Attachment cc: David and Svetlana Burns, 1675 Fort Braddock Ct., Winchester, VA 22601 Christopher E. Collins, Red Bud Magisterial District Supervisor Christopher Mohn and Philip Lemieux, Red Bud Magisterial District Conunissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer, Resolution and Plat K. Wayne Lee, CZA, Coordinator of Planning & Development, PO Box 3508, Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 7 PHR1A CORPORATE Chantilly VIRGINIA OFFICES: Chantilly Charl.rP ille Fredericksburg Harrisonburg Leesburg Newperl News Nadolk W incbester Woodbridge LABORATORIES: Chantilly F redericksburg MAotANe OFFICE5'. Baltimore Columbia Frederick Germantown Hollywaod Hunt Valley Williamsport PENNSYLVANIA OFFICE Allentown T 540.667.2139 F 540.665.0493 117 Easl Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris Rust & Associates Engineers, Surveyors. Planners. Landscape Architects 18 March 2010 Mr. Michael Ruddy, AIC P Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Burns Property — Valley Mill Road Rezoning Application Dear Mike, The Bums Property Rezoning Application was tabled by the Frederick C Supervisors at their February 24th meeting for an additional 30 days at th Applicant. The delay was requested in order to meet with Frederick Count in hopes of working out the additional right of way dedication necessary proposed off -site sidewalk across the frontage of the Dowell J. Howard Czr Mill Road. We are pleased to report to the Board of Supervisors that tht Buildings and Grounds Committee at their meeting on March 12th recom Frederick County School Board endorse the proposed additional right c following School Board meeting held on March 16th, the School Board recommendation made by the Buildings and Grounds Committee. A proposed Proffer Statement, the Applicant will be able to prepare all right c materials for Frederick County Public Schools and then construct a'sidewa frontage of Dowell J. Howard. We believe that this improvement is much help to serve the needs of the residents in the area. Additionally, the sale of the adjacent Walgreens parcel has also been c allowed the adjoining land owner to record the easement which allows the I have access to the Walgreens entrance at Valley Mill Road. A copy of the re was provided to Planning Staff previously. Completion of this agreement fc the adjacent Walgreens tract was another concern of the Board of Supervise Rezoning Application at the initial Public Hearing held on January 12, 2010. We feel we have addressed any concerns voiced by the Board of forward to presenting the final application to them on March 24. runty Board of request of the Public Schools 3 construct the er along Valley Public Schools tended that the way. At the greed with the such, per the way dedication k along the full needed and will npleted. This -M Property to Irded easement access through ; for the Bums ors and look If you have any questions or would like to discuss further, please feel free to !call me at (540) 667 -2139. Sincerely, fPAA,jTTTONN HARRIS RUS y & ASSOCIATES Patrick R Sowers, AICP 0 0 REZONING APPLICATION #07 -09 BURNS PROPERTY — VALLEY MILL ROAD Staff Report for the Board of Supervisors Prepared: March 15, 2010 Staff Contact: Michael T. Ruddy, AICP, Deputy Pl; Director Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended Board of Supervisors: 01/13/10 Tabled by BOS 02/10/10 Tabled by BOS 03/24/10 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) Business) District, with proffers, for Commercial Uses. LOCATION The properties are located in the northwest corner of the Road (Route 659) and Martin Drive. to B2 (General with Valley Mill The Applicant has not made any changes to the Application or the Proffer Statement since the 01/13/10 Board meeting. The Applicant requested a tabling to allow additional coordinate n with the Schools. Subsequent to this meeting, the Applicant has met with Frederick County Public Schools. At their 03/16/10 meeting the School Board endorsed the transfer of land into the VDOT light of way for the purpose of allowing the Applicant to construct the sidewalk across the properties frontage of Valley Mill Road. Supervisors had tabled the request to give the Applicant and the Schools additional time to work through this issue. Previously, the Planning Commission had recommended approval of this application. Please see the enclosed letter from Mr. Patrick Sowers representing the Applicant. Frederick County Public Schools have also provided an updated letter. The January 12, 2010 Proffer Statement is the latest Proffer Statement provided by the Applicant. Predominantly, the Board of Supervisors previous discussion revolved around the sidewalk connection proffered by the Applicant across the Frederick County Public Schools' Dowell J. Howard property. Board Members recognized that this was a good improvement; however, they expressed concerns that the monetary value offered in lieu of the sidewalk construction should the sidewalk not be installed in a timely fashion, $8,000, was inadequate to cover the installation of the sidewalk. The action of the School Board in allowing the property to be available for the construction of the sidewalk would alleviate the concerns regarding the monetary value offered as an alternative to the construction. 0 0 Rezoning 907 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 2 Staff had previously noted that in general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. Many of the impacts associated with this rezoning request, including those to the adjacent residential uses and the immediate transportation network, including the pedestrian and bicycle accommodations, have been addressed by the applicant. The Board should be satisfied that all of their concerns have been adequately addressed. 0 0 Rezoning 907 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 3 This report is prepared by the Frederick County Planning Staff to provide) information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended Board of Supervisors: 01/13/10 Tabled by BOS 02/10/10 Tabled by BOS 03/24/10 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) Business) District, with proffers, for Office and Retail Uses. LOCATION The properties are located in the northwest corner of the Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT Red Bud PROPERTY ID NUMBERS 54- A -112Q, 54- A -112D and 54 -A -1121 PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) to B2 (General with Valley Mill Use: Commercial (220 Seafood) Residential Use: Dowell J. Howard Use: Residential Use: Vacant /Commercial 0 0 Rezoning 407 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 4 REVIEW EVALUATIONS: Frederick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application t< appears to have a significant measurable impact on Route 659. This route is the � has been considered as the access to the property. VDOT is satisfied that the tran the Burns Property — Valley Mill Road rezoning application dated Augu: transportation concerns associated with this request. Before development, this complete set of construction plans detailing entrance designs, drainage features from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT comment on all right -of -way needs, including right -of -way dedications, traffic sig: roadway improvements and drainage. Any work performed on the State's right -of under a land use permit. This permit is issued by this office and requires an insp( bond coverage. Fire Marshal Plan approval recommended. Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the di disposition of the three single family dwellings. The dwellings appear to have be 1978 and will require asbestos inspections prior to receipt of demolition permit and Transportation, page 1: Expand the discussion to include the interparcel coy the Walgreen's rezoning application. Also, discuss the impact on Martin D upgrades if this road is used for ingress- egress. 3. Sewage Conveyance and Wt appears that the existing dwellings are served by public water. However, the exi along Martin Drive is questionable. Verify with specific references to existing sewer service is available within the rezoning boundaries. 4. Storage Draina rezone this property DOT roadway which portation proffers in 18, 2009 address )ffice will require a and traffic flow data eserves the right to alization and off -site ,vay must be covered ;tions fee and surety issionto include the constructed prior to 2. Refer to Access action referenced in e and the need for Supply, page 2: It nce of public sewer /er lines that public : Add a section to discuss stormwater management. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. , Department of Parks & Recreation: No comment. 0 0 Rezoning #07 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 5 i 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 National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and are increase in traffic volume that this change of use will generate. It is already diffic turn left out of the Dowell J. Howard Center, and we expect that this commercial onto Martin Drive, will increase that difficulty. We see this issue being more rel than to stacking at the Valley Mill /Berryville Turnpike intersection. Please see a October 6, 2009, from Wayne Lee, FCPS. Frederick Countv Attorney: Please see attached email dated November 17, Planning Department: Please see attached Memo dated December 11 AICP, Deputy Planning Director. Planning & Zoning: 1) operations at the ncerned about the for school buses to with an entrance I to traffic volume tional email dated Michael T Ruddy, Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the three 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 Poliev Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The property is within the UDA and S W SA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property located in the area covered by the Route 7 Corridor Plan. 0 0 Rezoning #07 -09 — Bums Property — Valley Mill Road March 15, 2010 Page 6 The business corridor expectations of the Comprehensive Plan should tie recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. it must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. Site Access was originally proposedito be provided from one primary location, via Martin Drive. A secondary indirect access point was proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. However, it became evident through the ongoing Staff and Commission review of this request that the status of Martin Drive, the key access point to this proposed commercial project, was not clear. It was determined that Martin Drive lis not a State Road. VDOT does not and will not maintain this street. Therefore, previous comments regarding improving this access point to current VDOT standards and efforts that gained VDOT's approval of a commercial entrance and upgrade to a portion of Martin Drive are invalid. Given the existing conditions of Martin Drive and the surrounding residentiall land uses, it would appear unlikely to be able to be improved sufficient to meet current VDOT standards. Due to this, and as the current ownership and status of Martin Drive has not been clearly demonstrated, the Applicant revaluated their approach to accessing this commercial project. Access to the project will not be via Martin Drive. Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. The Applicant is currently finalizing the details of the access easement with the adjacent property owner. No additional entrances will be permitted on Valley Mill Road. County review of this modification to the site access pattern indicates no significant additional impacts to Valley Mill Road and Route 7 beyond those originally identified in the TIA. Traffic impacts to Martin Drive and its intersection would be eliminated. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. The addition of the 10' hiker biker trail across the property's Valley Mill Road frontage, to connect Martin Drive with the proffered 10' hiker biker trail which was proffered with the Walgreens —Dairy Comer rezoning, is a positive addition to this application. In addition, the Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivitylacross the Dowell J. 0 Rezoning #07 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 7 0 Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the commercial uses. The Applicant has committed to preparing all documents necessary to implement the necessary right of way dedication by the FCPS and will construct the improvement. 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. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. 4) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's T7A, the NA describes improvements that are necessary to achieve an acceptable level of service. These include additional capacity at the intersection of Route 7 and Valley Mill Road and an additional lane in Route 7. Not all of these improvements are being provided with this application. The recently approved Walgreens - Dairy Corner Rezoning request has provided several improvements at the intersection of Valley Mill Road and Route 7. The timing of the completion of these improvements in relation to this rezoning is very important. A commitment has been made by the Applicant that the development of this site would not occur until the improvements proffered by the adjacent property to Valley Mill Road are implemented.) It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I -81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill /Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. Howard entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has eliminated all proposed improvements to Martin Drive as this is no longer proposed to be utilized for access. 0 Rezoning 407 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 8 0 The continuation of the bike path along Valley Mill Road has been provided as have pedestrian accommodations along the Martin Drive frontage. The proposed pedestrian improvements in conjunction with the Frederick County Public School's property are beneficial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request, in particular, given the identified level of service deficiencies at the intersection of Valley Mill Road and Route 7. In addition, it should be recognized that the value of the previously proffered improvements to Martin Drive have not been offset in the Applicant's proffer package. B. Design Standards 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. In an effort to address some of the corridor appearance goals of the Comprehensive Plan! this application has provided for additional street tree planting along the properties' road frontage with Valley Mill Road. The buffer and screening of those adjacent residential properties on Martin Drive will be addressed by those requirements currently required by ordinance. 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; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriffs purposes. 5) Proffer Statement — Dated December 5, 2008, revised December 23, 2009, final revision dated January 12, 2010. A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through November 16, 2009) for the site. The GDP shows the location of the inter parcel connection to the'adjacent property to the West which provides the only point of access to this site and improvements on Valley Mill Road. The full entrance on Martin Drive and the improvements to Martin Drive have been removed. The GDP also shows the 10' asphalt trail along Valley Mill Road and the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan is also used to identify the geIneral location of the additional street trees. Rezoning #07 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 9 B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applic has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of, cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. The required buffer along Martin Drive will satisfy the landscaping needs of this frontage. D) Transportation The applicant has proffered that the site access will be via the interparcel connection in the southwest corner of the site which will indirectly utilize the proffered entrance for the Walgreens site. Improvements to Valley Mill Road across the properties I frontage including improvements to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right -of -way needed to make the improvements. The Applicant has proffered that all improvements to Valley Mill Road, proffered either by this project or the adjacent Walgreens — Dairy Comer Plai e project, must be completed prior to a Certificate of Occupancy for this project. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other recent projects have taken this approach to address the off -site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriffs purposes. STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. Rezoning #07 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 10 AND ACTION OF THE 1 In response to the outstanding issues raised by the staff, the applicant proposed revisions to their proffers which included the following: 1) tie the issuance of a Certificate of Occupancy for this project to road improvements proffered by Walgreens; specifically, an additional lane along the Valley Mill Road frontage at the Route 7 intersection; 2) no direct access onto Valley Mill Road, thereby eliminating additional conflict points along Valley Mill Road; and 3) provision ofa taper for a turn lane onto Martin Drive, as well as an expansion of Valley Mill Road across the property frontage, which will allow the applicant to tie into the improvements provided by Walgreens and enable the width expansion of Valley Mill Road to construct a left-turn lane into Dowell J. Circle. In order to provide a safe access into the site for east -bound Valley Mill Road traffic, the project entrance on Mart in Drive was pushed back as far as possible to minimize any conflict between vehicles entering and exiting the site at the Martin Drive /Valley Mill Road intersection. Regarding the buffering and screening, the applicant stated that landscaping along the Martin Drive frontage will be substantial with a Category B Zoning District buffer consisting of three trees per ten linear feet; and the screening along Valley Mill Road will be an extension of that proffered as part of the Walgreens project, with street trees 50 feet on center. In lieu of the sidewalk along the property's frontage, the applicant offered to extend thi trail system and to maintain a portion of the off -site sidewalk. One person spoke during the public comment portion of the hearing; he was the previous owner of the 220 Seafood Restaurant and was currently a part owner of approximately 38 acres in this vicinity. He was concerned about access for his property to Route 7, as well as Valley Mill Road, in the event he decided to develop his property. He asked about his ability to access the ro planned for the Walgreens site. Commission members had questions for the applicant about whether the entrances I to the Walgreens site would tie into the Burns property and they encouraged the movement of traffic through the Walgreens site to access the Burns' project with left -turn movements. A joint entrance sign iwas suggested. The Commission also discussed with the applicant the impacts to the six residences across the street along Martin Drive. Commission members supported the rezoning application in general, as far as the land use and its transition, based on the Comprehensive Policy Plan. However, they felt the issue of successfully integrating the improvements associated with this proposal and those provided with the Walgreens program remained to be seen. The Commission decided that tabling this rezoning for 45 days would provide some time for everyone to study the applicant's revised proffers and for the applicant to incorporate all the changes that were discussed. The vote to table was unanimous. (Note: Commissioner Ruckman was absent from the meeting.) Rezoning #07 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 11 0 There were no citizen comments during the public comment portion of the Commissioners had questions for the applicant concerning whether an access a Walgreens site and the Burns property was in place. Since the Martin D eliminated, along with the Valley Mill Road access, this site had no access w connector. There was a question about whether a consolidated TIA was done for that both sites would be accessed through the Walgreens site. There were also qt sidewalks proposed for Martin Drive and the Frederick County School site. The applicant said all of the easement plats will be recorded at the time of closing, week of December 2009. The applicant noted the access agreement is both a prof private agreement through easement. Regarding the Martin Drive sidewalk, the sic within the applicant's property boundary; there is an existing right -of -way large Martin Drive to State standards, without impacting the sidewalk constructed Category "B" buffer would be required to address the landscaping element adjace across Martin Drive and adjacent to the north. Regarding the sidewalk at th property, Frederick County Schools will be dedicating ten feet of right -of -way frontage and the applicant would construct the sidewalk within the State's right- nent between the access had been t the inter - parcel sites, considering ns concerning the cheduled for the last ;red condition and a ;walk would be built enough to improve y the applicant. A Lt to residential uses Dowell J. Howard -rocs their property The applicant stated that the traffic volume for the Burns property is expected to be' 10% of the built -out trips on Valley Mill Road; therefore, the majority of their transportation improvements will occur on Valley Mill Road. Frontage improvements on Valley Mill Road and the le &turn lane at Dowell J. Howard were discussed. The applicant's proffer stipulated that the site could not i be developed until all of the improvements were made all the way out to Route 7. Commission members commented that removing Martin Drive as an access to the site both simplified and improved the overall vehicular traffic movement. Given the current budget I situation facing the Frederick County and the school system, Commissioners had concerns about setting a 180 -day time restriction for the schools to dedicate the sidewalk property, when it may not be a funding priority for the schools. They thought it may be appropriate for the applicant to either provide the dedication documents or provide a cost - sharing opportunity to the extent possible. In order to expedite the process, the applicant agreed to prepare and provide all the necessary documents necessary for the dedication, so the schools would not be burdened with the costs. The Planning Commission unanimously recommended approval of the rezoning with the applicant's proffers and with the understanding that the applicant has made a commitment to prepare and provide all of the necessary documents for the Valley Mill Road right -of -way necessary for the installation of the sidewalk on the Dowell J. Howard School's frontage within one year of the approved rezoning. (Note: Commissioner Triplett was absent from this meeting.) 0 Rezoning 407 -09 — Burns Property — Valley Mill Road March 15, 2010 Page 12 0 Deputy Director Ruddy informed the Board that the Planning Commission recommended approval of this request with the applicant to prepare all documents necessary to make the sidewalk connection. Deputy Director Ruddy advised the Board that staff received a new proffer stated, which was submitted that day. Deputy Director Ruddy stated the Frederick County Public Schools' Buildings and Grounds Committee declined to dedicate the right of way to allow the sidewalk to be constructed. He went on to say, if the right of way is not dedicated, the applicant has proffered $8,000 to construct the sidewalk across the Dowell J. Howard site. Deputy Director Ruddy then reviewed the outstanding issues, which included: off -site transportation impacts; Martin Drive and access through Walgreens; and the sidewalk at the school property. Clarification was made to the Board regarding the changes that were made to the Proffer Statement. Supervisors asked if there was any indication given why Frederick County Public Schools turned down the right -of -way dedication. With regard to the sidewalk installation, Mr. Sowers noted Frederick County Public Schools expressed some concern. The School committee felt therdwas enough existing right -of -way between the pavement and existing right -of -way on Valley Mill Road to accommodate the sidewalk. Mr. Sowers reiterated that should Frederick County Public Schools not dedicate the right -of- way the proffers contain a clause regarding the $8,000 contribution. At the request of the Board, Mr. Wayne Lee, Frederick County Public Schools, to come forward and speak to thelsidewalk issue. Mr. Lee stated the School Board was not aware the property line sat so far backl from the road. The Committee felt that the improvement could be completed in the existing right of way. He went on to say there was no real reason stated other than to keep the property in school hands. l Board Members expressed concerns that the monetary value offered in lieu of the sidewalk construction, $8,000, was in adequate to cover the installation of the sidewalk. In addition, should the sidewalk construction occur within the existing right of way with the necessary curb and gutter and drainage improvements in place, this value would be even more inadequate. There were no citizen comments during the Public Hearing held for this application Supervisor Collins stated he believed this was a good project, but he had some concerns, in particular the sidewalk connection. He wanted to give the applicant and the schools additional time to work through this issue. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board postponed the vote on this application for 30 days. Patton Harris Rust & Associates Engineers. Surveyors. Planners. landscape Architects. , 18 March 2010 Mr. Michael Ruddy, AICP Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Burns Property — Valley Mill Road Rezoning Application Dear Mike, ��� The Burns Property Rezoning Application was tabled by the Frederick County Board of Pu l�1 \ Supervisors at thew February 24dr meeting for an additional 30 days at the (request of the 1 1 Applicant. The delay was requested in order to meet with Frederick County Public Schools in hopes of working out the additional right of way dedication necessary to construct the proposed off -site sidewalk across the frontage of the Dowell J. Howard Center along Valley CW PORArE: Mill Road. We are pleased to report to the Board of Supervisors that the Public Schools Chamtlly Buildings and Grounds Committee at their meeting on March 12th recomm that the VIRGINIA OFFICES: Frederick County School Board endorse the proposed additional right ofd way. At the chamal following School Board meeting held on March 16d, the School Board agreed with the chadallesvllle recommendation made by the Buildings and Grounds Committee. As Isuch, per the Fredericksburg proposed Proffer Statement, the Applicant will be able to prepare all right of ay dedication Harrisonberg materials for Frederick County Public Schools and then construct a sidewalk along the full teesber frontage of Dowell J. Howard. We believe that this improvement is much needed and will Newport News help to serve the needs of the residents in the area. Norfolk Winchester Additionally, the sale of the adjacent Walgreens parcel has also been completed. This Woodbrid allowed the adjoining land owner to record the easement which allows the Burns Property to tAROkAur"s, have access to the Walgreens entrance at Valley Mill Road. A copy of the recorded easement chomilly was provided to Planning Staff previously. Completion of this agreement for I access through Fredericksburg the adjacent Walgreens tract was another concern of the Board of Supervisors for the Burns MARraNn OFFICES: Rezoning Application at the initial Public Hearing held on January 12, 2010. Baltimore Colombia Frederick GermaNOwn Hollywood Hunt Valley Williamsport R NNSYIVWA OFFICE: Allentown i 540.667.2139 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 We feel we have addressed any concerns voiced by the Board of Supervisors and look forward to presenting the final application to them on March 24. If you have any questions or would like to discuss further, please feel free to call me at (540) 667 -2139. Sincerely, PATTON HARRIS RUS Y & ASS CIATES Patrick R Sowers, AICP Burns Propert3 Valley Mill Rd REZ # 07 - 09 Rezonil RP Current Zoning Office 8 PIN: 54 - A - 112Q, 112D, 112P Cm. Planner. 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LOCATION The properties are located in the northwest corner of the Road (Route 659) and Martin Drive. to B2 (General with Valley Mill EXECUTIVE SUMMARY, STAFF UPDATE AND PLANNING COMMISSION RECOMMENDATION FOR THE 2 /10 /10 BOARD OF SUPERVISORS MEETING: The Applicant has not made any changes to the Application or the Proffer Statement to address the concerns identified and comments made during the 01 /13/10 Board meeting. Please see the enclosed letter from Mr. Patrick Sowers representing the Applicant. Frederick County Public Schools have also provided an updated letter. The January 12, 2010 Proffer Statement is the latest Proffer Statement provided by the Applicant. Predominantly, the Board of Supervisors previous discussion revolved around the sidewalk connection proffered by the Applicant across the Frederick County Public Schools' Dowell J. Howard property. Board Members recognized that this was a good improvement; however, they expressed concerns that the monetary value offered in lieu of the sidewalk construction should the sidewalk not be installed in a timely fashion, $8,000, was inadequate to cover the installation of the sidewalk. In addition, should the sidewalk construction occur within the existing right -of -way with the necessary curb and gutter and drainage improvements in place, this value would be even more inadequate. The Applicant has not provided an estimate of the cost of the proffered improvements. Preliminary estimates generated by Frederick County Public Works indicate that the construction as shown on the GDP would be greater than $8,000, and the construction within the existing right -of -way, including curb and gutter would be considerably higher. Supervisors had tabled the request to give the Applicant and the Schools additional time to work through this issue. Previously, the Planning Commission had recoimended approval of this application. 0 0 Rezoning 407 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 2 Staff had previously noted that in general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. Many of the impacts associated with this rezoning request, including those to the adjacent residential uses and the immediate transportation network, including the pedestrian and bicycle accommodations, have been addressed by the applicant. The Board should be satisfied that all of their concerns have been adequately addressed. 0 Rezoning 907 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to tl:e Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended Board of Supervisors: 01/13/10 Tabled by BOS 02/10/02 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Office and Retail Uses. LOCATION The properties are located in the northwest comer of the intersection with Valley Mill Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT Red Bud PROPERTY ID NUMBERS 54-A-1 12Q, 54- A -112D and 54- A -112P PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) Use: Commercial (220 Seafood) Residential Use: Dowell J. Howard Use: Residential Use: Vacant/Commercial 0 Rezoning #07 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 4 REVIEW EVALUATIONS: Frederick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application appears to have a significant measurable impact on Route 659. This route is the has been considered as the access to the property. VDOT is satisfied that the tr rezone this property DOT roadway which portation proffers in the Burns Property — Valley Mill Road rezoning application dated August 18, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right -of -,way must be covered under a land use permit. This permit is issued by this office and requires an inspections fee and surety bond coverage. Fire Marshal Plan approval recommended. Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the discussionto include the disposition of the three single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparcel connection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Driive and the need for upgrades if this road is used for ingress- egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss stormwater management. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authoritv: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. 1 Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Recreation: No comment. 0 Rezoning 407 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 5 Historic Resources Advisory Board: It appears that the proposal does not I 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 dogs not identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. GIS• No comments. Winchester Regional Airport: The proposed rezoning will not have impact operations at the Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill /Berryville Turnpike intersection. Please see a ditional email dated October 6, 2009,.from Wayne Lee, FCPS. Frederick County Attorney: Please see attached email dated November 17, Planning Department: Please see attached Memo dated December 11, 2008 from Michael T. Ruddy, AICP, Deputy Planning Director. I Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the three 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] Land Use The property is within the UDA and S WSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. • 0 Rezoning #07 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 6 i The business corridor expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. It must also be recognized that the County'Is Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. Site Access was originally proposed to be provided from one primary location, via Martin Drive. A secondary indirect access point was proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. However, it became evident through the ongoing Staff and Commission review of this request that the status of Martin Drive, the key access point to this proposed commercial project, was not clear. It was determined that Martin Drivel is not a State Road. VDOT does not and will not maintain this street. Therefore, previous comments regarding improving this access point to current VDOT standards and efforts that gained VDOT's approval of a commercial entrance and upgrade to a portion of Martin Drive are invalid. Given the existing conditions of Martin Drive and the surrounding residential land uses, it would appear unlikely to be able to be improved sufficient to meet current VDOT standards. Due to this, and as the current ownership and status of Martin Drive has not been clearly demonstrated, the Applicant revaluated their approach to accessing this commercial project. Access to the project will not be via Martin Drive. Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Comer property. The Applicant is currently finalizing the details of the access easement with the adjacent property owner. No additional entrances will be permitted on Valley Mill Road. County review of this modification to the site access pattern indicates no significant additional impacts to Valley Mill Road and Route 7 beyond those originally identified in the TIA. Traffic impacts to Martin Drive and its intersection would be eliminated. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. The addition of the 10' hiker biker trail across the property's Valley Mill Road frontage, to connect Martin Drive with the profferedl0' hiker biker trail which was proffered with the Walgreens —Dairy Comer rezoning, is a positive addition to this application. In addition, the Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell J. • • Rezoning #07 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 7 Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the commercial uses. The Applicant has committed to preparing all documents necessary to implement the necessary right of way dedication by the FCPS and will construct the improvement. 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. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. 4) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level of service. These include additional capacity at the intersection of Route 7 and Valley Mill Road and an additional lane in Route 7. Not all of these improvements are being provided with this application. Th recently approved Walgreens - Dairy Corner Rezoning request has provided several improvements at the intersection of Valley Mill Road and Route 7. The timing of the completion of these improvements in relation to this rezoning is very important. A commitment has been made by the Applicant that the development of this site would not occur until the improvements proffered by the adjacent property to Valley Mill Road are implemented It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections lof Route 7 with I -81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill /Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. Howard entrance. The provisionof this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has eliminated all proposed improvements to Martin Drive as this is no longer proposed to be utilized for access. 0 0 Rezoning 907 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 8 I The continuation of the bike path along Valley Mill Road has been provided as have pedestrian accommodations along the Martin Drive frontage. The proposed pedestrian improvements in conjunction with the Frederick County Public School's property are benefii ial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional fundifig for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request, in particular, given the identified level of sery ice deficiencies at the intersection of Valley Mill Road and Route 7. In addition, it should be recognized that the value of the previously proffered improvements to Martin Drive have not b een offset in the Applicant's proffer package. B. Design Standards 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. In an effort to address some of the corridor appearance goals of the Comprehensive Plan, this application has provided for additional street tree planting along the properties' road frontage with Valley Mill Road. The buffer and screening of those adjacent residential properties on Martin Drive will be addressed by those requirements currently required by ordinance. 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 al positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriffs purposes 5) Proffer Statement — Dated December 5, 2008, revised December 23, 2009, final revision dated January 12, 2010. A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through November 16, 2009) for the site. The GDP shows the location of the inter parcel connection to the adjacent property to the West which provides the only point of access to this site and improvements on Valley Mill Road. The full entrance on Martin Drive and the improvements to Martin Drive have been removed. The GDP also shows the 10' asphalt trail along Valley Mill Road and the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan is also used to identify the general location of the additional street trees. 0 0 Rezoning 407 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 9 B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of; cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. The required buffer along Martin Drive will satisfy the landscaping needs of &s frontage. D) Transportation The applicant has proffered that the site access will be via the inter parcel connection in the southwest corner of the site which will indirectly utilize the proffered entrance for the Walgreens site. Improvements to Valley Mill Road across the properties frontage including improvements to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right -of -way needed to make the improvements. The Applicant has proffered that all improvements to Valley Mill Road, proffered either by this project or the adjacent Walgreens — Dairy Corner Place project, must be completed prior to a Certificate of Occupancy for this project. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Otherl recent projects have taken this approach to address the off -site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff s purposes. 1 STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. 0 Rezoning 407 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 10 0 In response to the outstanding issues raised by the staff, the applicant proposed revisions to their proffers which included the following: 1) tie the issuance of a Certificate of Occupancy for this project to road improvements proffered by Walgreens; specifically, an additional lane along the Valley Mill Road frontage at the Route 7 intersection; 2) no direct access onto Valley (Mill Road, thereby eliminating additional conflict points along Valley Mill Road; and 3) provision of a taper for a turn lane onto Martin Drive, as well as an expansion of Valley Mill Road across the property frontage, which will allow the applicant to tie into the improvements provided by Walgreens and enable the width expansion of Valley Mill Road to construct a left -turn lane into Dowell J. Circle. In order to provide a safe access into the site for east -bound Valley Mill Road traffic, the project entrance on Martin Drive was pushed back as far as possible to minimize any conflict between vehicles entering and exiting the site at the Martin Drive/Valley Mill Road intersection. Regarding the buffering and screening, the applicant stated that landscaping along the Martin Drive frontage will be substantial with a Category B Zoning District buffer consisting of three trees per ten linear feet; and the screening along Valley Mill Road will be an extension of that proffered as part of the Walgreens project, with street trees 50 feet on center. In lieu of the sidewalk along the property's frontage, the applicant offered to extend the trail system and to maintain a portion of the off -site sidewalk. One person spoke during the public comment portion of the hearing; he was the pI evious owner of the 220 Seafood Restaurant and was currently a part owner of approximately 38 acres in this vicinity. He was concerned about access for his property to Route 7, as well as Valley Mill Road, in the event he decided to develop his property. He asked about his ability to access the reads planned for the Walgreens site. Commission members had questions for the applicant about whether the entrances IIto the Walgreens site would tie into the Burns property and they encouraged the movement of traffic through the Walgreens site to access the Burns' project with left -turn movements. A joint entrance sign was suggested. The Commission also discussed with the applicant the impacts to the six residences across the street along Martin Drive. Commission members supported the rezoning application in general, as far as the land use and its transition, based on the Comprehensive Policy Plan. However, they felt the issue of successfully integrating the improvements associated with this proposal and those provided with the Walgreens program remained to be seen. The Commission decided that tabling this rezoning for 45 days would provide some time for everyone to study the applicant's revised proffers and for the applicant to incorporate all the changes that were discussed. The vote to table was unanimous. (Note: Commissioner Ruckman was absent from the meeting.) 0 0 Rezoning #07 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 11 There were no citizen comments during the public comment portion of the Commissioners had questions for the applicant concerning whether an access agreement between the Walgreens site and the Bums property was in place. Since the Martin Drive access had been eliminated, along with the Valley Mill Road access, this site had no access without the inter - parcel connector. There was a question about whether a consolidated TIA was done for both sites, considering that both sites would be accessed through the Walgreens site. There were also questions concerning the sidewalks proposed for Martin Drive and the Frederick County School site. The applicant said all of the easement plats will be recorded at the time of closing,! scheduled for the last week of December 2009. The applicant noted the access agreement is both a proffered condition and a private agreement through easement. Regarding the Martin Drive sidewalk, the sidewalk would be built within the applicant's property boundary; there is an existing right -of -way large enough to improve Martin Drive to State standards, without impacting the sidewalk constructed by the applicant. A Category `B" buffer would be required to address the landscaping element adjacent to residential uses across Martin Drive and adjacent to the north. Regarding the sidewalk at the Dowell J. Howard property, Frederick County Schools will be dedicating ten feet of right -of -way 'across their property frontage and the applicant would construct the sidewalk within the State's right , of - -way. The applicant stated that the traffic volume for the Burns property is expected to be 10% of the built -out trips on Valley Mill Road; therefore, the majority of their transportation improvements will occur on Valley Mill Road. Frontage improvements on Valley Mill Road and the left -turn lane at Dowell J. Howard were discussed. The applicant's proffer stipulated that the site could not be developed until all of the improvements were made all the way out to Route 7. Commission members commented that removing Martin Drive as an access to the site both simplified and improved the overall vehicular traffic movement. Given the current budge t situation facing the Frederick County and the school system, Commissioners had concerns about setting a 180 -day time restriction for the schools to dedicate the sidewalk property, when it may not be a funding priority for the schools. They thought it may be appropriate for the applicant to either provide the dedication documents or provide a cost - sharing opportunity to the extent possible. In order to expedite the process, the applicant agreed to prepare and provide all the necessary documents necessary for the dedication, so the schools would not be burdened with the costs. The Planning Commission unanimously recommended approval of the rezoning with the applicant's proffers and with the understanding that the applicant has made a commitment to prepare and provide all of the necessary documents for the Valley Mill Road right -of -way necessary for the installation of the sidewalk on the Dowell J. Howard School's frontage within one year of the approved rezoning. (Note: Commissioner Triplett was absent from this meeting.) 0 0 Rezoning 407 -09 — Burns Property — Valley Mill Road February 2, 2010 Page 12 Deputy Director Ruddy informed the Board that the Planning Commission recc this request with the applicant to prepare all documents necessary to make the Deputy Director Ruddy advised the Board that staff received a new proffer state( that day. Deputy Director Ruddy stated the Frederick County Public Schools' I Committee declined to dedicate the right of way to allow the sidewalk to be con: say, if the right of way is not dedicated, the applicant has proffered $8,000 to across the Dowell J. Howard site. Deputy Director Ruddy then reviewed the oui included: off -site transportation impacts; Martin Drive and access through Walg at the school property. Clarification was made to the Board regarding the changes that were made to Supervisors asked if there was any indication given why Frederick County Pul the right -of -way dedication. With regard to the sidewalk installation, Mr. County Public Schools expressed some concern. The School committee felt t right -of -way between the pavement and existing right -of -way on Valley Mill I sidewalk. Mr. Sowers reiterated that should Frederick County Public Schools way the proffers contain a clause regarding the $8,000 contribution. At the n Wayne Lee, Frederick County Public Schools, to come forward and speak tc ided approval of alk connection. ,h was submitted igs and Grounds d. He went on to uct the sidewalk ng issues, which and the sidewalk Proffer Statement. )chools turned down ors noted Frederick was enough existing to accommodate the ledicate the right -of- st of the Board, Mr. sidewalk issue. Mr. Lee stated the School Board was not aware the property line sat so far back from the road. The Committee felt that the improvement could be completed in the existing right of way. He went on to say there was no real reason stated other than to keep the property in school hands. Board Members expressed concerns that the monetary value offered in lieu of the sidewalk construction, $8,000, was in adequate to cover the installation of the sidewalk. In' addition, should the sidewalk construction occur within the existing right of way with the necessary curb and gutter and drainage improvements in place, this value would be even more inadequate. There were no citizen comments during the Public Hearing held for this application. Supervisor Collins stated he believed this was a good project, but he had some concerns, in particular the sidewalk connection. He wanted to give the applicant and the schools additional time to work through this issue. Upon a motion by Supervisor Collins, seconded by Supervisor Fisher, the Board postponed the vote on this application for 30 days. REZONING APPLICATION 907 -09 BURNS PROPERTY — VALLEY MILL ROAD, Staff Report for the Board of Supervisors Prepared: January 4, 2010 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended apps Board of Supervisors: 01 /l3 /10 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Uses. LOCATION The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. EXECUTIVE SUMMARY STAFF UPDATE AND PLANNING COMMISSION RECOMMENDATION FOR THE 1113110 BOARD OF SUPERVISORS MEETING: The Planning Commission unanimously recommended approval of the rezoning with the applicant's proffers and with the understanding that the applicant has made a commitment to prepare and provide all of the necessary documents for the Valley Mill Road right -of -way necessary for the installation of the sidewalk on the Dowell J. Howard School's frontage within one year of the approved rezoning. Subsequent to the Planning Commission's recommendation, the Applicant has lodified their Proffer Statement (latest revision dated December 23, 2009) to address the commitment they made to the Planning Commission to prepare and provide all the documents necessary for the dedication of the right -of -way on the FCPS property to enable the construction of a sidewalk along this property's frontage. The Proffer Statement is in the appropriate legal form. In general, the 132 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. Many of the impacts associated with this rezoning request, including those to the adjacent residential uses and the immediate transportation network, including the pedestrian and bicycle accommodations, have been addressed by the applicant. The Board should recognize that transportation improvements have not been provided that would achieve an acceptable level of service at the adjacent intersection of Route 7 and Route 659. Additional monetary contributions aimed at mitigating the impacts of this project, particularly at the above intersection, have not been provided. Following the public hearing, a decision regarding this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. • 0 Rezoning #07 -09 — Burns Property — Valley Mill Road January 4, 2010 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this Zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this, staff report. Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Recommended Board of Supervisors: 01 /13 /10 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) Business) District, with proffers, for Office and Retail Uses. LOCATION The properties are located in the northwest corner of the Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT Red Bud PROPERTY ID NUMBERS 54-A-1 12Q, 54-A-1 12D and 54-A-1 12P PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) to 132 (General with Valley Mill Use: Commercial (220 Seafood) Residential Use: Dowell J. Howard Use: Residential Use: Vacant/Commercial • 0 Rezoning #07 -09 — Burns Property — Valley Mill Road January 4, 2010 Page 3 REVIEW EVALUATIONS: Frederick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application t6 rezone this property appears to have a significant measurable impact on Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers in the Burns Property — Valley Mill Road rezoning application dated August 18, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right -of I way must be covered under a ]and use permit. This permit is issued by this office and requires an inspections fee and surety bond coverage. Fire Marshal Plan approval recommended. Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the discussion to include the disposition of the three single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparcel connection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress - egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss stormwater management.. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Recreation: No comment. 0 0 Rezoning 407 -09 — Burns Property — Valley Mill Road January 4, 2010 Page 4 Historic Resources Advisory Board: It appears that the proposal does or historic resources and it is not necessary to schedule a formal review of the rezoi HRAB. According to the Rural Landmarks Survey, there are no significant hiss on the property nor are there any possible historic districts in the vicinity. It s National Park Service Study of Civil War Sites in the Shenandoah Valley do battlefield within this area, the site's existing condition is such that there is little preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have Winchester Regional Airport. significantly impact og application by the -ic structures located s also noted that the s not identify a core maining value to any operations at the Public Schools: We have reviewed the Bums Rezoning application, and arelconcemed about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial fuse, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill/Berryville Turnpike intersection. Please see additional email dated October 6, 2009, from Wayne Lee, FCPS. Frederick County Attorney: Please see attached email dated November 17, 2009. Planning Department: Please see atlachedMemodotedDecember11 ,2008from 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 three 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] Land Use The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property is located in the area covered by the Route 7 Corridor Plan. Rezoning #07 -09 — Burns Property — Valley Mill Road January 4, 2010 Page 5 The business corridor - expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7 particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector to ad with an urban four lane divided typical section. It must also be recognized that the Countys Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. 1 Site Access Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Comer property. Site Access was originally proposed to be provided from one primary location, via Martin Drive. A secondary indirect access point was proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. However, it became evident through the ongoing Staff and Commission review of this request that the status of Martin Drive, the key access point to this proposed commercial project, was not clear. It was determined that Martin Drive is not a State Road. VDOT does not and will not maintain this street. Therefore, previous I comments regarding improving this access point to current VDOT standards and efforts that gained VDOT's approval of a commercial entrance and upgrade to aportico of Martin Drive are invalid. Given the existing conditions of Martin Drive and the surrounding residential land uses, it would appear unlikely to be able to be improved sufficient to meet current VDOT standards. Due to this, and as the current ownership and status of Martin Drive has not been demonstrated, the Applicant revaluated their approach to accessing this commercial project. Access to the project will not be via Martin Drive. Access to the project will be solely through the inter parcel connection to the west through the Walgreens — Dairy Corner property. The Applicant is currently finalizing the details of the access easement with the adjacent property owner. No additional entrances will be permitted on Valley Mill Road. County review of this modification to the site access pattern indicates no significant additional impacts to Valley Mill Road and Route 7 beyond those originally identified in the TIA. Traffic impacts to Martin Drive and its intersection would be eliminated. Pedestrian accommodations have been provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. The addition of the 10' hiker biker trail across the property's Valley Mill Road frontage, to connect Martin Drive with the proffered 10' hiker biker trail which was proffered with the Walgreens —Dairy Corner rezoning, is a positive addition to this application. In addition, the Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell J. Rezoning 407 -09 — Burns Property — Valley Mill Road January 4, 2010 Page 6 0 Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the commercial uses. The Applicant has committed to preparing all documents necessary to implement the necessary right of way dedication by the FCPS and will construct the improvement. 3) Site Suitability/Fnvironment 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. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. 4) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA describes improvements that are necessary to achieve an acceptable level of service. These include additional capacity at the intersection ofRoute land Valley Mill Road and an additional lane in Route 7. Not all of these improvements are being provided with this application. The recently approved Walgreens - Dairy Corner Rezoning request has provided several improvements at the intersection of Valley Mill Road and Route 7. The timing of the completion of these improvements in relation to this rezoning is very important. A commitment has been made by the Applicant that the development of this site would not occur until the improvements prof Bred by the adjacent property to Valley Mill Road are implemented It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersectionslof Route 7 with I -81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill/Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. Howard entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has eliminated all proposed improvements to Martin Drive as this is no longer proposed to be utilized for access. 0 Rezoning #07 -09 — January 4, 2010 Page 7 Bums Property — Valley Mill Road 0 — - The continuation of the bike path along Valley Mill Road has been - accommodations along the Martin Drive frontage. The proposed 1 conjunction with the Frederick County Public School's property are should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional fun( improvements in the general area of their requests. This has been dor need to address the broader transportation improvements in the develop in addition to the specific improvements they may be proposing. Such considered with this request; in particular, given the identified level of se intersection of Valley Mill Road and Route 7. In addition, it should be r( of the previously. proffered improvements to Martin Drive have r Applicant's proffer package. B. Design Standards as have pedestrian 1 improvements in I and desirable and ig for transportation in recognition of the g areas of the County i approach should be ice deficiencies at the )gnized that the value been offset in the 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. In an effort to address some of the corridor appearance goals of the Comprehensive Plan, this application has provided for additional street tree planting along the properties' road frontage with Valley Mill Road. The buffer and screening of those adjacent residential properties on Martin Drive will be addressed by those requirements currently required by ordinance. C. Communi-t Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriffs purposes. i 5) Proffer Statement — Dated December 5, 2008 with latest revision December 23, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through November 16, 2009) for the site. The GDP shows the location of the inter parcel connection to the adjacent property to the West which provides the only point of access to this site and improvements on Valley Mill Road. The full entrance on Martin Drive and the improvements to Martin Drive have been removed. The GDP also shows the 10' asphalt trail along Valley Mill Road and the proposed pedestrian improvements on the Dowell1 J. Howard property. The Generalized Development Plan is also used to identify the general location of the additional street trees. • Rezoning #07 -09 — Burns Property — Valley Mill Road January 4, 2010 Page 8 } B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of; cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. The required buffer along Martin Drive will satisfy the landscaping needs of this frontage. D) Transportation The applicant has proffered that the site access will be via the inter parcel connection in the southwest corner of the site which will indirectly utilize the proffered entrance for the Walgreens site. Improvements to Valley Mill Road across the properties frontage including improvements to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right -of -way needed to make the improvements. The Applicant has proffered that all improvements to Valley Mill Road, proffered either by this project or the adjacent Walgreens — Dairy Corner Place project, must be completed prior to a Certificate of Occupancy for this project. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other - recent projects have taken this approach to address the off -site impacts of their projec� . E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriff's purposes. I STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. Rezoning 407 -09 — Brims Property — Valley Mill Road January 4, 2010 Page 9 In response to the outstanding issues raised by the staff,'the applicant proposed revisions to their proffers which included the following: 1) tie the issuance of a Certificate of Occupancy for this project to road improvements proffered by Walgreens; specifically, an additional lane along the Valley Mill Road frontage at the Route 7 intersection; 2) no direct access onto Valleyl Mill Road, thereby eliminating additional conflict points along Valley Mill Road; and 3) provision of taper for a turn lane onto Martin Drive, as well as an expansion of Valley Mill Road across the property frontage, which will allow the applicant to tie into the improvements provided by Walgreens and enable the width expansion of Valley Mill Road to construct left -turn lane into Dowell J. Circle. In order t i provide a safe access into the site for east -bound Valley Mill Road traffic, the project entrance on Martin Drive was pushed back as far as possible to minimize any conflict between vehicles entering and exiting the site at the Martin Drive /Valley Mill Road intersection. Regarding the buffering and screening, the applicant stated that landscaping along the Martin Drive frontage will be substantial with a Category B Zoning District buffer consisting of three trees per ter•, linear feet; and the screening along Valleyl Mill Road will be an extension of that proffered as part of the Walgreens project, with street trees 50 feet on center. In lieu of the sidewalk along the property's frontage, the applicant offered to extend the trail system and to maintain a portion of the off -site sidewalk. One person spoke during the public comment portion of the hearing; he was the previous owner of the 220 Seafood Restaurant and was currently a part owner of approximately 38 acres in this vicinity. He was concerned about access for his property to Route 7, as well as Valley Mill Road, in the event he decided to develop his property.. He asked about his ability to access the roads planned for the Walgreens site. Commission members had questions for the applicant about whether the entrances to the Walgreens site would tie into the Burns property and they encouraged the movement of traffic through the Walgreens site to access the Bums' project with left -turn movements. A joint entrance sign was suggested. The Commission also discussed with the applicant the impacts to the six residences across the street along Martin Drive. Commission members supported the rezoning application in general, as far as the land use and its transition, based on the Comprehensive Policy Plan. However, they felt the issue of successfully integrating the improvements associated with this proposal and those provided with the Walgreens program remained to be seen. The Commission decided that tabling this rezoning for 45 days would provide some time for everyone to study the applicant's revised proffers and for the applicant to incorporate all the changes that were discussed. The vote to table was unanimous. (Note: Commissioner Ruckman was absent from the meeting.) Rezoning #07 =09 — Burns Property — Valley Mill Road January 4, 2010 Page 10 - PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/02/09 MEETING There were no citizen comments during the public comment portion of the meei ng. Commissioners had questions for the applicant concerning whether an access agreement between the Walgreens site and the Burns property was in place. Since the Martin Drive access had been eliminated, along with the Valley Mill Road access, this site had no access without the inter - parcel connector. There was a question about whether a consolidated TIA was done for both sites, considering that both sites would be accessed through the Walgreens site. There were also questions concerning the sidewalks proposed for Martin Drive and the Frederick County School site. The applicant said all of the easement plats will be recorded at the time of closing, scheduled for the last week of December 2009. The applicant noted the access agreement is both a proffered condition and a private agreement through easement. Regarding the Martin Drive sidewalk, the sidewalk would be built within the applicant's property boundary; there is an existing right -of -way large enough to improve Martin Drive to State standards, without impacting the sidewalk constructed }by the applicant. A Category `B' buffer would be required to address the landscaping element adjacent to residential uses across Martin Drive and adjacent to the north. Regarding the sidewalk at the Dowell J. Howard property, Frederick County Schools will be dedicating ten feet of right -of- -way ( across their property frontage and the applicant would construct the sidewalk within the State's right of -way. a The applicant stated that the traffic volume for the Bums property is expected to be 10% of the built -out trips on Valley Mill Road therefore, the majority of their transportation improvements will occur on Valley Mill Road. Frontage improvements on Valley Mill Road and the left -turn lane at Dowell J. Howard were discussed. The applicant's proffer stipulated that the site could not be developed until all of the improvements were made all the way out to Route 7. i Commission members commented that removing Martin Drive as an access to the site both simplified and improved the overall vehicular traffic movement. Given the current budget situation 'facing the Frederick County and the school system, Commissioners bad concerns about setting a 180 -day time restriction for the schools to dedicate the sidewalk property, when it may not be a funding priority for the schools. They thought it may be appropriate for the applicant to either provide the dedication documents or provide a cost - sharing opportunity to the extent possible. In order to expedite the process, the applicant agreed to prepare and provide all the necessary documents necessary for the dedication, so the schools would not be burdened with the costs. The Planning Commission unanimously recommended approval of the rezoning with the applicant's proffers and with the understanding that the applicant has made a commitment to prepare and provide all of the necessary documents for the Valley Mill Road right -of -way necessary for the installation of the sidewalk on the Dowell J. Howard School's frontage within one year of the approved rezoning. (Note: Commissioner Triplett was absent from this meeting.) • 0 REZONING APPLICATION #07 -09 , BURNS PROPERTY — VALLEY MILL ROAD Staff Report for the Planning Commission Prepared: November 16, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Pending Board of Supervisors: 01/13/10 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) Business) District, with proffers, for Commercial Uses. to B2 (General LOCATION The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. EXECUTIVE SUMMARY, STAFF UPDATE AND CONCLUSION FOR THE 12/02/09 PLANNING COMMISSION MEETING: Subsequent to the Planning Commission meeting, Staff has been evaluating the status of Martin Drive, the key access point to this proposed commercial project. It has been determined that Martin Drive is not a State Road. VDOT does not and will not maintain this street. Previous comments regarding improving this access point to current VDOT standards and efforts that gained V DOT's approval of a commercial entrance and upgrade to a portion of Martin Drive are therefore invalid. Given the existing conditions of Martin Drive and the surrounding residential land uses, it would appear unlikely to be able to be improved sufficient to meet current VDOT standards. In addition, the current ownership and status of Martin Drive has not been clearly demonstrated. With this in mind, the Applicant has revaluated their approach to accessing this commercial project. I The Applicant has provided a modified Proffer Statement dated November 16, 2009. In summary: The Applicant has prohibited direct access to Valley Mill Road and stated that primary access shall be through the adjoining property, at a point identified as an inter parcel connection. Further, that access to Martin Drive shall be prohibited at this time. The Applicant has proffered that all improvements to Valley Mill Road, proffered either by this project or the adjacent Walgreens — Dairy Corner Place project, must be completed prior to a Certificate of Occupancy. The Applicant has continued the 10' hiker biker trail across this propertiesifrontage with Valley Mill Road, provided a sidewalk along Martin Drive, and proffered the construction of a sidewalk along the Dowell J. Howard School property. r� u Rezoning #07 -09 — Burns Property — Valley Mill Road November 16, 2009 Page 2 0 In general, the B2 land use proposed conforms to the Eastern Frederick County I Plan. However, the impacts associated with this rezoning request, including residential uses and the transportation network, have not been fully mitigated particular, transportation improvements have not been provided that would it acceptable level of service at the adjacent intersection of Route 7 and Route 659. contributions aimed at mitigating the impacts of this project have not been 1 comparable to the eliminated improvements to Martin Drive has not been offse Range Land Use >e to the adjacent the applicant. In >ve or achieve an ditional monetary ided and a value all Rezoning 407 -09 — Burns Property — Valley Mill Road November 16, 2009 Page 3 This report is prepared by the Frederick County Planning Staff to provide Planning Commission and the Board of Supervisors to assist them in makin application. It may also be useful to others interested in this zoning mattes concerning this application are noted by staff where relevant throughout this Reviewed Action Planning Commission: 10/07/09 Tabled by PC 12/02/09 Pending Board of Supervisors: 01/13/10 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) Di: Business) District, with proffers, for Office and Retail Uses. LOCATION The properties are located in the northwest comer of the Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT Red Bud PROPERTY ID NUMBERS 54-A-1 12Q, 54-A-1 12D and 54-A-1 12P PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) information to the q a decision on this Unresolved issues staff report. to B2 (General with Valley Mill Use: Commercial (220 Seafood) Residential Use: Dowell J. Howard Use: Residential Use: Vacant/Commercial 0 0 Rezoning #07 -09 — Burns Property — Valley Mill Road November 16, 2009 Page 4 REVIEW EVALUATIONS: Frederick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application tc appears to have a significant measurable impact on Route 659. This route is the has been considered as the access to the property. VDOT is satisfied that the tran the Burns Property — Valley Mill Road rezoning application dated Augu! transportation concerns associated with this request. Before development, this complete set of construction plans detailing entrance designs, drainage features from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT comment on all right -of -way needs, including right -of -way dedications, traffic sig roadway improvements and drainage. Any work performed on the State's right -of under a land use permit. This permit is issued by this office and requires an insp( bond coverage. Fire Marshal Plan approval recommended. rezone this property DOT roadway which portation proffers in L 18, 2009 address office will require a and traffic flow data reserves the right to alization and off -site way must be covered ctions fee and surety Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the discussion to include the disposition of the three single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparcel connection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress - egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss stormwater management. We recommend that consideration lie given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. I Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Recreation: No comment. 0 0 Rezoning #07 -09 — Burns Property — Valley Mill Road November 16, 2009 Page 5 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 National Park Service Study of Civil War Sites in the Shenandoah Valley dogs not identify a core battlefield within this area, the site's existing condition is such that there is little remaining value to any preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have impact operations at the Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and are'coneerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more related to traffic volume than to stacking at the Valley Mill /Berryville Turnpike intersection. I Frederick County Attorney: Please see attached letter dated November 24, 2008,_from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated December 11, 2008from 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 three 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] Land Use The property is within the UDA and SWSA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property, is located in the area covered by the Route 7 Corridor Plan. 0 0 Rezoning 407 -09 — Burns Property — Valley Mill Road November 16, 2009 Page 6 The business corridor expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Site Access is proposed to be provided from one primary location, via Martin Drive. No additional entrances will be permitted on Valley Mill Road. A secondarylindirect access point is proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. With the anticipated redevelopment that may occur on the properties to the west of this rezoning, additional opportunities may exist for inter parcel connectivity through the adjacent property and on to the connecting driveway proffered by the Walgreens — Dairy Corner property. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. Presently, a bike path along Valley Mill Road has not been provided. The original preliminary application provided a 10' hiker biker trail across the property's frontage to connect Martin Drive with the proffered 10' hiker biker trail which was proffered with the Walgreens — Dairy Comer rezoning. This improvement should be reinstated into the application. It would be appropriate for this application to provide for sidewalk improvements along the Martin Drive frontage. The Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell J Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the commercial uses. 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. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. i 0 0 Rezoning #07 -09 — Burns Property — Valley Mill Road November 16, 2009 Page 7 4) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA th that are necessary to achieve an acceptable level ofservice. Not all of tl be in place and none of the improvements are being provided with recently approved Walgreens - Dairy Corner Rezoning request improvements at the intersection of Valley Mill Road and Route completion of these improvements in relation to this rezoning is very it of this site should not occur until the improvements proffered by the implemented ibes improvements improvements will s application. The r provided several The timing of the rtant. Development iacent property are It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections of Route 7 with I -81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill /Route 7 intersection, only a level of service D is being achieved at this leg of the intersection. [ The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into the Dowell J. Howard entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has also proposed improvements to Martin Drive which currently does not meet minimum VDOT standards. The proposed improvements appear to be the minimal necessary to meet current standards. A left turn lane is not provided from Valley Mill Road into Martin Drive. It may be desirable to encourage the eastbound traffic utilizing this site to use the entrance proffered with the Walgreens — Dairy Corner application where a protected left turn exists. This could be approached through several methods including a combined signage package with the adjacent property which could share the principle sign for projects and include directional signage. A bike path along Valley Mill Road has not been provided. A 10' hiker biker trail across the property's frontage to connect Martin Drive with the profferedl0' hiker biker trail which was proffered with the Walgreens —Dairy Corner rezoning should be :reinstated into the application. It would also be appropriate for this application to provide for sidewalk improvements along the Martin Drive frontage. The proposed pedestrian improvements in 0 0 Rezoning 907 -09 — Burns Property — Valley Mill Road November 16, 2009 Page 8 conjunction with the Frederick County Public School's property are beneficial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the develop in addition to the specific improvements they may be proposing. Such considered with this request. B. Design Standards The application does include minimal architectural_ language, written in the appearance of the buildings. FIowever, this is the limit of the design fully address the corridor appearance goals of the Comprehensive Plan. I beneficial to tailor an approach to the buffer and screening of these pr( those requirements that would be required by ordinance. The adjacent across Martin Drive should be recognized. This application has provide tree planting along the properties' road frontage with Valley Mill Rt trees along Martin Drive should be considered as should how this required buffer landscape screening. areas of the County approach should be attempt to address vents and does not ldition, it would be ;ties in addition to idential properties Pr additional street Additional street eld fit in with the i C. Community Facilities The development of this site will have an impact on community fa lilities and services. However, it is recognized that commercial uses generally provide alpositive impact on community facilities through the additional generation of tax revenue. This application's effort to address the impacts to community facilities is limited to a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriffs purposes. 5) Proffer Statement — Dated December 5, 2008 with latest revision September 10, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through September 10, 2009) for the site. The GDP shows a full entrance on Martin Drive and improvements on Valley Mill Road. The location of a potential location for inter parcel connections is also shown on the GDP. It also shows the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan accompanying the Proffer Statement could be enhanced to address some of the comments identified in the staff report. The GDP is used to identify the general location of the additional street trees. 0 0 Rezoning 907 -09 — Bums Property — Valley Mill Road November 16, 2009 Page 9 B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of, cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been prop) sed. This should be extended on Martin Drive. D) Transportation The applicant has proffered one site entrance on Martin Drive as shown on the GDP. A location has been identified for an inter parcel connection in the southwest comer of the site. Improvements to Valley Mill Road across the properties frontage including improvements to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right -of -way needed to make the improvements. Improvements to Martin Drive to meet current minimum standards are proposed. Said improvements should include a sidewalk. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other recent projects have taken this approach to address the off -site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sheriffs purposes. STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' biker biker trail should be extended across this properties frontage with Valley Mill Road. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/07/09 MEETING In response to the outstanding issues raised by the staff, the applicant proposed revisions to their proffers which included the following: 1) tie the issuance of a Certificate of Occupancy for this project Rezoning #07 -09 - Burns Property - Valley Mill Road November 16, 2009 Page 10 to road improvements proffered by Walgreens; specifically, an additional lane along the Valley Mill Road frontage at the Route 7 intersection; 2) no direct access onto Valley Mill Road, thereby eliminating additional conflict points along Valley Mill Road; and 3) provision ofa taper for a turn lane onto Martin Drive, as well as an expansion of Valley Mill Road across the property frontage, which will allow the applicant to tie into the improvements provided by Walgreens and enable the width expansion of Valley Mill Road to construct a left -turn lane into Dowell J. Circle. In order to provide a safe access into the site for east -bound Valley Mill Road traffic, the project entrance on Martin Drive was pushed back as far as possible to minimize any conflict between vehicles entering and exiting the site at the Martin DriveNalley Mill Road intersection. Regarding the buffering and screening, the applicant stated that landscaping along the Martin Drive frontage will be substantial with a Category B Zoning District buffer consisting of three trees per ten linear feet; and the screening along Valley Mill Road will be an extension of that proffered as part of the Walgreens project, with street trees 50 feet on center. In lieu of the sidewalk along the property's frontage, the applicant offered to extend th trail system and to maintain a portion of the off-site sidewalk. One person spoke during the public comment portion of the hearing; he was the previous owner of the 220 Seafood Restaurant and was currently a part owner of approximately 38 acres this vicinity. He was concerned about access for his property to Route 7, as well as Valley Mill Road, in the event lie decided to develop his property. He asked about his ability to access the roads planned for the Walgreens site. j Commission members had questions for the applicant about whether the entrances to the Walgreens site would tie into the Burns property and they encouraged the movement of traffic through the Walgreens site to access the Burns' project with left -turn movements. A joint entrance sign was suggested. The Commission also discussed with the applicant the impacts to the six residences across the street along Martin Drive. Commission members supported the rezoning application in general, as far as the land use and its transition, based on the Comprehensive Policy Plan. However, they felt the issue of successfully integrating the improvements associated with this proposal and those provided' with the Walgreens program remained to be seen. The Commission decided that tabling this rezoning for 45 days would provide some time for everyone to study the applicant's revised proffers and for the applicant to incorporate all the changes that were discussed. The vote to table was unanimous. (Note: Commissioner Ruckman was absent from the meeting.) Followin the public meeting a recommendation regardin 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 0 REZONING APPLICATION #07 -09 BURNS PROPERTY — VALLEY MILL ROAD: Staff Report for the Planning Commission Prepared: September 21, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy P Director Reviewed Action Planning Commission: 10/07/09 Pending Board of Supervisors: 11/18/09 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) District to B2 (General Business) District, with proffers, for Commercial Uses. I LOCATION The properties are located in the northwest corner of the intersection with Valley Mill Road (Route 659) and Martin Drive. COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. address all concerns raised hy the Plannine Commission. 0 0 Rezoning 907 -09 — Burns Property — Valley Mill Road September 21, 2009 Page 2 This report is prepared by the Frederick County Planning Staff to provide Planning Commission and the Board of Supervisors to assist them in making application. It may also be useful to others interested in this zoning matter) concerning this application are noted by staff where relevant throughout this s Reviewed Action Planning Commission: 10/07/09 Pending Board of Supervisors: 11/18/09 Pending PROPOSAL To rezone 1.26 acres from RP (Residential Performance) Di Business) District, with proffers, for Office and Retail Uses. LOCATION The properties are located in the northwest corner of the Road (Route 659) and Martin Drive. MAGISTERIAL DISTRICT Red Bud PROPERTY ID NUMBERS 54- A -112Q, 54- A -112D and 54- A -112P PROPERTY ZONING RP (Residential Performance) District PRESENT USE Residential ADJOINING PROPERTY ZONING & PRESENT USE North: B2 (Business General) RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) information to the a decision on this Unresolved issues taff report. to B2 (General with Valley Mill Use: Commercial (220 Seafood) Residential Use: Dowell J. Howard Use: Residential Use: Vacant /Commercial Rezoning 907 -09 — Burns Property — Valley Mill Road. September 21, 2009 Page - — REVIEW EVALUATIONS: Frederick County Transportation: Comments incorporated into report. Virginia Dept. of Transportation: The documentation within the application td rezone this property appears to have a significant measurable impact on Route 659. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers in the Burns Property — Valley Mill Road rezoning application dated August 18, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manuel, Seventh Edition for review. VDOT preserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right -of -Tway must be covered under a land use permit. This permit is issued by this office and requires an insp I e hons fee and surety bond coverage. Fire Marshal Plan approval recommended. Public Works Department: 1. Refer to Impact Analysis, page 1: Expand the discussion to include the disposition of the three single family dwellings. The dwellings appear to have been constructed prior to 1978 and will require asbestos inspections prior to receipt of demolition permits. 2. Refer to Access and Transportation, page 1: Expand the discussion to include the interparcel connection referenced in the Walgreen's rezoning application. Also, discuss the impact on Martin Drive and the need for upgrades if this road is used for ingress - egress. 3. Sewage Conveyance and Water Supply, page 2: It appears that the existing dwellings are served by public water. However, the existence of public sewer along Martin Drive is questionable. Verify with specific references to existing sewer lines that public sewer service is available within the rezoning boundaries. 4. Storage Drainage: Add a section to discuss stormwater management. We recommend that consideration be given to a regional facility that will serve the Burns' property as well as the Walgreens' site. 5. Refer to the Proffer Statement, Site Development, paragraph 1.2: Expand the reference to the one entrance on Martin Drive to include required improvements to upgrade Martin Drive to accommodate the Virginia Department of Transportation's requirements. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal phase. Sanitation Authority: Sewer and water are available to the site. There is adequate sewer and water capacity to serve this site. Service Authority: No comments. Health Department: As long as no wells or septic systems are impacted either on property or neighboring properties, no objections. Department of Parks & Reereation: No comment. Rezoning 407 -09 — Burns Property — Valley Mill Road September 21, 2009 Page 4 Historic Resources Advisory Board: It appears that the proposal does not (significantly impact historic resources and it is not necessary to schedule a formal review of the rezong 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, the site's existing condition is such that there is little remaining value to any preservation effort. GIS: No comments. Winchester Regional Airport: The proposed rezoning will not have impa' t operations at the Winchester Regional Airport. Public Schools: We have reviewed the Burns Rezoning application, and are concerned about the increase in traffic volume that this change of use will generate. It is already difficult for school buses to turn left out of the Dowell J. Howard Center, and we expect that this commercial use, with an entrance onto Martin Drive, will increase that difficulty. We see this issue being more rel Ited to traffic volume than to stacking at the Valley Mill /Berryville Turnpike intersection. Frederick County Attorney: Please see attached letter dated November 24, 2008, from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated December 11, 2008 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 three 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] Land Use The property is within the UDA and S W SA and is designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The property; is located in the area covered by the Route 7 Corridor Plan. 0 0 Rezoning 907 -09 — Bums Property — Valley Mill Road September 21, 2009 Page 5 The business corridor expectations of the Comprehensive Plan should be recognized. Even though this project is not located directly on Route 7, particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance along Valley Mill Road. Transportation This application must address the transportation components of the County's Comprehensive Plan, including the Eastern Road Plan. Route 7 is identified as an urban six -lane divided facility. Valley Mill Road is identified as an improved major collector road with an urban four lane divided typical section. It must also be recognized that the County's Eastern Road Plan calls for the ultimate relocation of Valley Mill Road to a point east of its current location, to align with Getty Lane, the entrance to Winchester Gateway. This future improvement, in addition to previous plans associated with improvements to the Interstate 81, Exit 315, call for the closure of the intersection of Valley Mill Road and Route 7. Site Access Site Access is proposed to be provided from one primary location, via Martin Drive. No additional entrances will be permitted on Valley Mill Road. A secondary indirect access point is proposed to be provided via an inter parcel connection to the recently rezoned Walgreens — Dairy Corner property to the west. With the anticipated redevelopment that may occur on the properties to the west of this rezoning, additional opportunities may exist for inter parcel connectivity through the adjacent property and on to the connecting driveway proffered by the Walgreens — Dairy Corner property. Pedestrian accommodations should be provided in a coordinated manner internal to the project, to and along Valley Mill Road, and along Martin Avenue. Presently, a bike path along Valley Mill Road has not been provided. The original preliminary application provided a 10' hiker biker trail across the property's frontage to connect Martin Drive with the proffered 10' hiker biker trail which was proffered with the Walgreens — Dairy Corner rezoning. This improvement should be reinstated into the application. It would be appropriate for this application to provide for sidewalk improvements along the Martin Drive frontage. The Applicant has sought to address the broader pedestrian needs of this area by providing pedestrian connectivity across the Dowell J Howard property's frontage. This approach would provide additional access and circulation opportunities for the adjacent residents, school users, and patrons of the commercial uses. 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. An evaluation of the existing mature trees on the property should be completed to determine if any can be incorporated into the design of the project, or avoided by site development. 0 0 Rezoning 907 -09 —Burns Property— Valley Mill Road September 21, 2009 Page 6 4) Potential Impacts A. Transportation Based upon the scenario described in the Applicant's TIA, the TIA des that are necessary to achieve an acceptable level ofservice. Not all oft/u, be in place and none of the improvements are being provided with i recently approved Walgreens - Dairy Corner Rezoning request h improvements at the intersection of Valley Mill Road and Route 7 completion of these improvements in relation to this rezoning is very iml of this site should not occur until the improvements proffered by the c implemented. ibes improvements r improvements will s application. The provided several The timing of the rtani. Development iaeen£ property are It is evident that this project would further deteriorate the level of service at the exiting intersections in the vicinity of this site most specifically the intersections !of Route 7 with I -81 and Valley Mill Road. The Comprehensive Plan seeks to ensure that new development does not deteriorate the level of service at intersections or roads. It seeks to ensure that it maintains or improves the level of service at impacted roads or intersections. Please understand that an acceptable level of service to Frederick County, as identified in the Comprehensive Plan, is a level of service C. It would appear as though even with the suggested improvements to the approach to the Valley Mill /Route 7 intersection, only a level of service i is being achieved at this leg of the intersection. The Applicant has continued the additional improvements on Valley Mill Road in the vicinity of this site in a manner that is consistent with the adjacent properties. In addition, this project is proposing to incorporate into their improvements the left turn lane into tke Dowell J. Howard entrance. The provision of this offsetting left turn on Valley Mill Road at the School's entrance would sufficiently allow vehicle storage for those vehicles and school buses accessing Dowell J. Howard. The Applicant has also proposed improvements to Martin Drive which currently does not meet minimum VDOT standards. The proposed improvements appelar to be the minimal necessary to meet current standards. ' A left turn lane is not provided from Valley Mill Road into Martin Drive. It may be desirable to encourage the eastbound traffic utilizing this site to use the entrance proffered with the Walgreens — Dairy Corner application where a protected left turn exists. This could be approached through several methods including a combined signage package with the adjacent property which could share the principle sign for projects and include directional signage. A bike path along Valley Mill Road has not been provided. A 10' hiker biker trail across the property's frontage to connect Martin Drive with the profferedl0' hiker biker trail which was proffered with the Walgreens — Dairy Corner rezoning should be reinstated into the application. It would also be appropriate for this application to provide for sidewalk improvements along the Martin Drive frontage. The proposed pedestrian improvements in 0 Rezoning 407 -09 — Bums Property — Valley Mill Road September 21, 2009 Page 7 0 conjunction with the Frederick County Public School's property are beneficial and desirable and should be worked out to the satisfaction of the School's. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done !in recognition of the need to address the broader transportation improvements in the developing areas of the County m addition to the specific improvements they may be proposing. Such a an should be considered with this request. B. Design Standards The application does include minimal architectural language, written in an attempt to address the appearance of the buildings. However, this is the limit of the design elements and does not fully address the corridor appearance goals of the Comprehensive Plan. InI addition, it would be beneficial to tailor an approach to the buffer and screening of these properties in addition to those requirements that would be required by ordinance. The adjacent residential properties across Martin Drive should be recognized. This application has providedfor additional street tree planting along the properties' road frontage with Valley Mill Road. Additional street trees along Martin Drive should be considered as should how this would fit in with the required buffer landscape screening. 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; $1,000.00 for Fire and Rescue purposes and $1,000.00 for Sherifrs purposes. 5) Proffer Statement — Dated December 5, 2008 with latest revision September 10, 2009 A) Generalized Development Plan The applicant has proffered a very basic Generalized Development Plan (GDP dated July 27, 2009 and revised through September 10, 2009) for the site. The GDP shows a full entrance on Martin Drive and improvements on Valley Mill Road. The location of a potential location for inter parcel connections is also shown on the GDP. It also shows the proposed pedestrian improvements on the Dowell J. Howard property. The Generalized Development Plan accompanying the PTofferlStatement could be enhanced to address some of the comments identified in the staff report. The GDP is used to identify the general location of the additional street trees.. 0 0 Rezoning 907 -09 — Burns Property — Valley Mill Road September 21, 2009 Page 8 B) Land Use The Applicant has stated that they intend to develop the property with up to 12,000 square feet of commercial land uses on the property. The Applicant has restricted the Average Daily Trips (ADT) for this site to 1,516 Average Daily Trips. This generally remains consistent with the TIA. C) Site Design Building construction materials have been limited to using one or a combination of, cast stone, stone, brick, architectural block, dry vit or stucco. Additionally, any dumpster pad screening shall be constructed of the same materials. Street trees planted a minimum of 50' on center have been proposed. sed. This should be extended on Martin Drive. D) Transportation The applicant has proffered one site entrance on Martin Drive as shown on the GDP. A location has been identified for an inter parcel connection in the southwest corner of the site. Improvements to Valley Mill Road across the properties frontage including improvements to accommodate a left turn lane into Dowell J. Howard are provided, as is the dedication of any necessary right -of -way needed to make the improvements. Improvements to Martin Drive to meet current minimum standards are proposed. Said improvements should include a sidewalk. The Applicant has not proffered a monetary contribution for future transportation improvements within the general vicinity of the property. Other recent projects have taken this approach to address the off-site impacts of their project. E) Community Facilities The applicant has proffered a $2,000.00 contribution to Frederick County; $1.000.00 for Fire and Rescue purposes and $1 for Sheriff's purposes. STAFF CONCLUSIONS FOR THE 10/07/09 PLANNING COMMISSION MEETING: In general, the B2 land use proposed conforms to the Eastern Frederick County Long Range Land Use Plan. However, the impacts associated with this rezoning request have not been fully mitigated by the applicant. In particular, transportation improvements have not been provided that would improve or achieve an acceptable level of service at the adjacent intersection Route 7 and Route 659. Additional corridor street enhancement elements such as landscaping should be provided. In addition, the 10' hiker biker trail should be extended across this properties frontage with Valley Mill Road. visors would be appropriate. The applicant should be pre, address all concerns raised by the Planning Commission. ® REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA / . /U7 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, 1. Applicants: Name: Patton Harris Rust & Associates Telephone: Address: 117 East Piccadilly Street 2. Property Owner (if different than above) • Name: David M. & Svetlana M. Burns Telephone: Address: 1675 Fort Braddock Ct Winchester, VA 22601 3. Contact person(s) if other than above Name: Patrick Sowers w /PHRA Telephone: a. Checklist: Check the following items that have been included with this appli Location Map X Agency Comments Plat X Fees Deed of property X Impact Analysis Statement Verification of taxes paid X Proffer Statement i the Office of chester. X X �J 0 . 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. I Please list below all owners or parties in interest of the land to be rezoned: David M. Burns Svetlana M. Burns 6. A) Current Use of the Property: 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 at the northwest corner of the intersection of Valley Mill Road and Martin Drive. 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: 54 -A -1 54- A -112P. Districts Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood High School: Middle School: Elementary School: 54- A -1 12D, and James Wood JW Middle Redbud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. 11 Acres Current Zoning Zoning Requested 1.26 RP B2 1.26 Total acreage to be rezoned 2 0 0 i 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 Square Footage of Proposed Uses Office 6,000 Service Station Retail 6,000 Manufacturing Restaurant Flex - Warehouse Other (Pharmacy) 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition thelFrederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) �r e � Date • 3 0 0 Adjoining Property Owners Rezoning • Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2 " floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Eastside Holdings LLC P.O. Box 31 Property #: 54F -3 -A1 Winchester, VA 22604 Name: Frederick County School Board P.O. Box 3508 Property #: 54 -A -114 Winchester, VA 22604 Name: Edward Spence 115 Canyon Rd Property #: 54- A -112J Winchester, VA 22602 Name: 220 Seafood Restaurant LLC 238 Hanging Tree Rd Property #: 54-A-1 12C Winchester, VA 22603 Name: Eastside Holdings LLC P.O. Box 31 1 Property #: 54F -3 -A2 Winchester, VA 22604 Name: Eastside Holdings LLC P.O. Box 31 I Property #: 54F -A -30 Winchester, VA 22604 Name: Edward Spence 115 Canyon Rd I Property #: 54-A-1 12K Winchester, VA 22602 Name: Edward Spence 115 Canyon Rd I Property #: 54 -A -1120 Winchester, VA 22602 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property #: 4 • • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.colrederick.va.us Department of Planning & Development, County of Frederick, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 54065 -6395 Know All Men By Those Present: That I (We) (Name) David M. & Svetlana M. Burns the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Numbers: 0600t9979, 060019772, and 060021192 and is described as Tax Map Parcel 54- A -112D 54- A- 1120, 54-A-1 12P do hereby make, constitute and appoint: Address) 117E Piccadilly Street Suite 200 Winchester Virginia 22601 fo act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power authority 1 (we) would have if acting personally to file planning applications for my (our) above describe 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 conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. -r 5 In witness thereof, I (we) have hereto set my (our) hand and seal this /l1 day of S 1 , 2 )usly approved proffered _ State of Virginia, �Ltz/Ceuu ,f 14 , y/s,�t= S?'e"2 To -wit: DAU i d /gyp I r IS URA/ S 1, / �1 i ch n e l _� �dtgmm t"n a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally_ appeared before me a has acknowledged the same before me in the jurisdiction aforesaid this eD day of SEpt. 2009L. 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