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HomeMy WebLinkAbout04-12 ApplicationMAY 4 5 2012 I �� PAINTER-LEWIS, P.L.C. � _._._.,_�.__J CONSUL TING ENGINEERS tel.: (540 662- 57AZOERiEK COUNTY 116 North Braddock Street fax: (540793 ''':?F%r!? ^RENT' Winchester, VA 22601 email: office @painterleWs.com March 21, 2012 Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 N. Kent Street Winchester, Virginia 22601 RE: Rezoning Application #04 -12 for Kesari Properties Dear Mike: Mr. Kesari has decided to withdraw the rezoning application before it is presented to the Board of Supervisors for their determination. Thank you for your help in this matter. Si rel Jo wis, P.E., L.L.A. C: L. Kesari Page 1 Job No.: 1004012 0 May 14, 2012 Mr. John C. Lewis; P.G.. L.L.A. Painter - Lewis, P.L.C. 116 North Braddock Street Winchester. VA 22601 0 co Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 RE: Rezoning 404 -12 of Kesari Properties Property Identification Numbers 33 -A -163 and 33- A -164B Dear John: This letter is to confirm that you have, on behalf of your clients, withdrawn the above referenced Rezoning application. The application was intended to rezone five acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route I I, south of the intersection of Hopewell Road (Route 672) and Route 11 in the Stonewall Magisterial District. The above referenced file has been closed by our Department. If you have any questions regarding this action; please feel free to call this office. Sincere rely//, Michael T. Ruddy, AICP Deputy Director of Planning & Develop nt cc: Laxmi Kesari, 11499 White Oak Ct., Herndon, VA 20170 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners .lane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 PAINTER- LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662 -5792 116 North Braddock Street fax: (540)662 -5793 Winchester, VA 22601 email: office @paintedewis.com March 21. 2012 Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 N. Kent Street Winchester, Virginia 22601 RE: Rezoning Application #04 -12 for Kesari Properties Dear Mike: Mr. Kesari has decided to withdraw the rezoning application before it is presented to the Board of Supervisors for their determination. Thank you for your help in this matter. Sincerely: John C. Lewis, P.E., L.L.A. C: L. Kesari Page 1 Job No.: 1004012 0 0 REZONING APPLICATION #04 -12 KESARI PROPERTIES Staff Report for the Board of Supervisors Prepared: May 10, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed .fiction Planning Commission: 05/02/12 Recommended Denial Board of Supervisors: 05/23/12 Pending PROPOSAL: To rezone five acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. LOCATION: The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/23/12 BOARD OF SUPERVISORS MEETING: While the uses proposed by this rezoning request are consistent with the land use designations of the 2030 Comprehensive Plan, the impacts associated with the rezoning application have not been adequately mitigated. In particular, the transportation impacts relating to internal site circulation and access to and from Route 11 and Hopewell Road remain. Further, the future improvements identified in the Eastern Road Plan have not been adequately addressed; sufficient right -of -way has not been provided to accommodate the future configuration. Finally, the intersection of Route 11 and Hopewell and Brucetown Roads has not been adequately addressed. Following the required public (tearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. u Rezoning #04 -12 Kesari Properties May 10, 2012 Page 2 0 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist then: in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/02/12 Recommended Denial Board of Supervisors: 05/23/12 Pending PROPOSAL: To rezone five acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. LOCATION: The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33 -A -163 and 33 -A -16413 PROPERTY ZONING: RA (Rural Area) PRESENT USE: Restaurant/Truck Stop ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) South: RA (Rural Area) East: B2 (Business General) RA (Rural Area) West: B3 (Industrial Transition) Use: Commercial Use: Vacant Use: Commercial /Vacant Clearbrook Park Use: Commercial /Vacant 0 0 Rezoning #04-12 Kesari Properties May 10, 2012 Page 3 REVIEW EVALUATIONS: Vireinia Dept. of Transportation: VDOT has completed our review of the subject TIA /Rezoning. We offer the following comments for your consideration: In addition to closing entrance 7a, VDOT recommends the closure of the adjacent entrance to the north and to the south of 7a on Route 11. As proposed, the applicant wishes to pursue the installation of a traffic signal approximately 540 feet south of the Route 11 /Hopewell Road signalized intersection. We are concerned about the long term operational challenges to Route 1 1 that this proposal mitigation may create. A formal signal warrant analysis must be prepared and submitted for VDOT review prior to approval. Fire and Rescue: Plans approved as submitted. Fire Marshal: Plans approved. Department of Inspections: We do not have any comments regarding the proposed rezoning. However, we do recommend that future MDPs include a statement regarding the disposition of existing wells and drainfields. Public Works Department: 1. Refer to Site Suitability, Development Overview: The statement is made that the "land is quite flat and the overall elevation of the land is not substantially higher than the normal water surface elevation of Clearbrook Run'. In fact, the water level in the upper reaches of Clearbrook Run is actually higher than the adjacent land areas, thereby creating wetland areas delineated as JW1 on the wetlands map. In addition, the creation of traverting formations (a light colored porous calcite deposited by precipitation of the calcium carbonate from solution in the surface waters) has raised the stream bed causing these increases in water surface elevations. It is entirely possible that the actual stream channel has been relocated within the property to create the existing pond. 2. Refer to site Suitability, Development Overview: We concur with your conclusion that runoff from fueling areas should be delivered through an oil /water separator for quality treatment. We recommend that this treatment be incorporated with the existing oil /water separator to insure that runoff from all the fueling areas be treated prior to entering the existing stream. 3. Refer to Site Suitability, Development Overview: It is anticipated that an extensive underdrainage system will be required to construct the connector road between the north and south parcels created by Clearbrook Run. It is possible that the construction of the underdrainage and road will eliminate the wetland area designated as JWI. 4. Refer to Drainage: We recommend that the new stormwater management system be designed to treat stormwater from the existing and new areas for quantity and quality. Sanitation Authority: There is sufficient water and sewer capacity to serve this site. Service Authority: No comment Frederick - Winchester Health Department: Health Department has no objections to the request so long as no existing or proposed drainfields and wells are impacted negatively. New restaurant permit may be requested. 0 0 Rezoning #04 -12 Kesari Properties May 10, 2012 Page 4 Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the rezoning proposal during their meeting on May 17, 2011. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by Painter- Lewis, P.L.C. This application seeks to rezone five acres of land from the RA (Rural Areas) District to the B2 (Business General) District. The property is located on the west side of Route 11 near its intersection with Hopewell Road. The proposed use of the property is commercial uses, including enhancement of the Olde Stone Truck Stop. The Study f Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the subject property or the surrounding area as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of the properties are listed as potentially significant. The sites that are listed in the survey are: Dick, L.O. House ( #34 -936) — Located on site; Clearbrook Feed & Supply ( 434 -935); and Clearbrook Presbyterian Church ( #34- 708). After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: The L. O. Dick House should be preserved for adaptive reuse. A preservation proffer should be included in the proffer statement to ensure that the dwelling and associated outbuildings will not be demolished (including demolishment by neglect); The proffer statement should include a proffer to screen the pumps on the Olde Stone Truck Stop From the L. O. Dick House; and A new architectural /historic survey should be completed on the structure to fully understand its significance. Frederick County Attorney: Please see attached letter dated June 6, 2011, from Roderick B. Williams, County Attorney. Transportation: Mr. Bishop's comments are included within attached letter (page 4) dated May 19, 2011, from Michael T. Ruddy, AICP, Deputy Planning Director. Planning Department: Please see attached letter dated May 19, 2011, from Michael 7'. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History Parcel 163 is zoned B2 Business General Commercial and contains the Olde Stone Restaurant and Truck Stop. This use has been in existence for a significant time. Many of the physical improvements to the site including, but not limited to, the commercial building, fueling stations, and points of access to the surrounding State roads, do not conform to current Zoning Ordinance standards. They are legally nonconforming with regards to these requirements. The original USGS zoning map depicts Parcel 164B as being agricultural. Rezoning 804 -12 Kesari Properties May 10, 2012 Page 5 2) Comprehensive Policv Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive 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. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. The Kesari properties rezoning is located within the North East Frederick Land Use Plan Land Use. The North East Frederick Land Use Plan identifies the subject properties with commercial land uses. This is reflective of the current zoning of the property of the Olde Stone Restaurant, and is designated to take advantage of the locations proximity to the Interstate. Interstate 81 and Exit 321 is located a short distance to the West of this site. Directly across Route 11 from the site is the Old Woolen Mill property and Clearbrook Park. Clearbrook Park is owned and operated by Frederick County as the Regional Park serving this part of Frederick County. Site Access and Transportation. Access to this site is a critical component as it is located at the intersection of Route 11, Martinsburg Pike, and Hopewell Road, Route 651. The North East Frederick Land Use Plan and the Eastern Road Plan identify Route 11 as a six -lane arterial road in the location of this property. Sufficient right -of -way should be made available to accommodate this future road section and any associated turning movements. Improvements should be provided with any rezoning request to mitigate the impacts of the rezoning and to implement the 2030 Comprehensive Plan. In addition, the improvement of the intersection of Route 11, Hopewell Road, and Brucetown Road is an identified transportation improvement project which has been included in the County's CIP for the past several years. This intersection has been identified as being deficient in terms of level of service and is recognized as needing to be substantially improved to accommodate the planned growth and development of this area in accordance with the North East Frederick Land Use Plan. Access management is a key consideration with any development project. This location is extremely critical given its location at the intersection of Route 11, Martinsburg Pike, and Hopewell /Brucetown Roads. Both the County Transportation Planner and VDOT have expressed concerns that the present and proposed access management at the site is insufficient to address the impacts associated with the proposed rezoning of this site. 0 0 Rezoning #04 -12 Kesari Properties May 10, 2012 Page 6 An additional entrance is proposed to provide access to the southern portion of the site. In addition, the Applicant is proposing to close one of the nonconforming entrances on Route I 1 and one on Hopewell Road. The existing entrances do not meet current access management regulations. Internal circulation is presently challenging. The rezoning proposes site alterations to improve site circulation. However, the site alterations appear to be insufficient to accommodate the proposed use as a truck stop. Environment. The site contains several areas of wetlands and is bisected by Clearbrook Run which feeds into Clearbrook Park. Please see the above comments offered by Public Works with regards to site suitability and the potential impacts ofthis project. Storm water management will bean issue with this site that needs to be carefully addressed with any site development. Clearbrook Run is proposed to be crossed in two locations by internal access circulation. History The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of the properties are listed as potentially significant. The sites that are listed in the survey are: Dick, L.O. House ( #34 -936) — Located on site; Clearbrook Feed & Supply ( 934 -935); and Clearbrook Presbyterian Church ( #34 -708). The Frederick County Historic Resources Advisory Board (HRAB) considered the rezoning proposal during their meeting on May 17, 2011. After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: The L. O. Dick House should be preserved for adaptive reuse. A preservation proffer should be included in the proffer statement to ensure that the dwelling and associated outbuildings will not be demolished (including demolishment by neglect); the proffer statement should include aproffer to screen the pumps on the Olde Stone Truck Stop from the L. O. Dick House; and a new architectural /historic survey should be completed on the structure to fully understand its significance. The Applicant's Proffer Statement does not include any considerations to address the comments of the HRAB or the L. O. Dick House. 3) Potential Impacts Frederick County Transportation Comments: The following transportation comments have been provided by John Bishop, County Transportation Planner, and remain the County Staffs position on this component of the rezoning. Rezoning #04 -12 Kesari Properties May 10, 2012 Page 7 Given the volume of traffic analysis concerns identified by VDOT, an adequate comment on traffic issues is complicated. However, the following concerns remain. 1) Route 11 and Hopewell road right -of -way needs have yet to be fully addressed. 2) Onsite traffic flow appears to create conflicts and safety concerns that need additional review. 4) Proffer Statement— Dated March 21, 2011 and revised on March 15, 2012 A) Allowed Uses: The Applicant has proffered to complete a Boundary Line Adjustment between the two parcels to create a larger parcel around the current and future truck stop and restaurant, and a residual outlot. No restrictions as to the use of the current and expanded parcel are proposed. The development of the outlet has limitations placed on it. Specifically, the Applicant has proffered to prohibit one or multiple fast food restaurants exceeding 4,500 square feet of total combined gross floor area, and to prohibit Adult Retail uses. Beyond this, all other uses allowed in the B2 Business General District would be permitted on the properties. The Applicant has proffered to limit the number of fueling stations in an effort to further minimize the impact of the expanded truck stop and gasoline service station trips on the adjacent road network and to ensure the internal traffic can be satisfactorily accommodated on the site. B) Access Management and Transportation. The Applicant has proffered the design and construction of a right turn lane on southbound Route 11 to serve both future parcels, a new commercial entrance on Route 11, and the dedication of ten feet of right -of -way along the frontage of Route 11 for the purpose of facilitating future improvements to Route 11. The Applicant has proffered to provide $25,000 for future transportation improvements within the Route 1 I right -of -way. This amount is insufficient to achieve any real improvement within Route 11. Said improvements to accommodatefuture uses are customarily made by the development. The Applicant has proffered a new traffic signal at the future site access on Route I 1 if warranted within ten years. VDOT has expressed concerns regarding a signal in this location. No alternative has been offered to reallocate the funds for the proffered signal to other improvements in the vicinity that may mitigate the transportation impacts of this development. This application does not fully address the Eastern Road Plan which identifies Route 11 as a six lane arterial road improvement to accommodate the future land uses in the vicinity of this project, nor does itfully address the impacts associated with the request at the intersection of Route II and Hopewell and Brucetown Roads. In addition, access management along Route II and Hopewell Road is deficient. 0 0 Rezoning 904 -12 Kesari Properties May 10, 2012 Page 8 C) Site Development: The Applicant has proffered a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of the proposed development on the parcel, the general location and form of the parcel access, the future new property line and location of the outlot, and construction improvements to Route 11. In addition, the Applicant has proffered landscape enhancements in the form of eighteen shade trees along the frontage of the Route 11 right of way in addition to the requirements of the Frederick County Zoning Ordinance. The internal circulation and site layout identified on the GDP does not appear to enable the proposed uses, especially the truck stop and refueling component which is the most significant use proposed, to function effectively. It would appear as though there would be multiple internal conflicts which need to be addressed prior to increasing the intensity of the use of this property. D) Mitigating the Impact of Development The Applicant has proffered to pay or donate $5,000 for Fire and Rescue purposes for impacts to fire and rescue services. STAFF CONCLUSIONS FOR THE 05/02/12 PLANNING COMMISSION MEETING- While the uses proposed by this rezoning request are consistent with the land use designations of the 2030 Comprehensive Plan, the impacts associated with the rezoning application have not been adequately mitigated. In particular, the transportation impacts relating to internal site circulation and access to and from Route 11 and Hopewell Road remain. Further, the future improvements identified in the Eastern Road Plan have not been adequately addressed; sufficient right -of -way has not been provided to accommodate the future configuration. Finally, the intersection of Route 11 and Hopewell and Brucetown Roads has not been adequately addressed. PLANNING COMMISSION SUMMARY & ACTION OF THE MAY 2.2012 MEETING: There was considerable discussion by the Planning Commission involving the transportation issues of this site and comments focused primarily on the internal circulation of trailer trucks and vehicular traffic, as well as the entrances on Route 11 and Route 672. There were numerous questions to the applicant on the internal circulation of trailer trucks, where queuing would take place, and how trailer trucks would enter and exit the site. A Commissioner expressed concern about trailer trucks potentially entering the site by queuing in the right -hand turn lane of Route 11. Other Commission members thought the entrances on Route 11 South needed to be eliminated. A Commissioner asked if a turning movement analysis was done and whether it could be shared with the Commission in order to provide a visual aide on how some of the angles of the site could be maneuvered by a semi - truck. Other Commissioners said their primary concern was with the entrances and, in particular, the number of full entrances around the area of Hopewell and Brucetown along Route 11. It was suggested that the applicant decrease the number of entrances and remove all signs around the islands to improve site distance. Commission members said they were not opposed to the use of this site as a truck stop; it was an appropriate land use for this area. However, the Commission's concerns were strictly involving the • • Rezoning #04 -12 Kesari Properties May 10, 2012 Page 9 transportation impacts, which created a huge public health, safety, and welfare issue. A motion to recommend denial was made, based on the facts that the applicant had not adequately addressed the Northeast Land Use Plan, the impacts to Route 11 and Route 672, nor V DOT's concerns. This motion was seconded and unanimously passed. (Note: Commissioners Thomas and Madagan were absent from the meeting.) At the Planning Commission's public hearing, there were no citizen comments, either in favor or opposition to the rezoning request. Following the required public !tearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 0 RESOLUTION Action: PLANNING COMMISSION: May 2, 2012 - Recommended Denial BOARD OF SUPERVISORS: May 23, 2012 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04 -12 FOR KESARI PROPERETIES WHEREAS, Rezoning #04 -12 for Kesari Properties, submitted by Painter - Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres, was considered. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33 -A -163 and 33 -A -16413 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2012 and forwarded a unanimous recommendation for denial; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2012; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes. 4 14 -12 0 0 This ordinance shall be in effect on the date of adoption. Passed this 23rd day of May, 2012 by the following recorded vote: Richard C. Shickle, Chairman Ross P. Spicer Gene E. Fisher Christopher E. Collins PDRes. #14 -12 Gary A. Lofton Bill M. Ewing Charles S. Dellaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator 0 0 REZONING APPLICATION 404 -12 KESARI PROPERTIES Staff Report for the Planning Commission Prepared: April 16, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/02/12 Pending Board of Supervisors: 05/23/12 Pending PROPOSAL: To rezone five acres from RA (Rural Areas) District to 132 (General Business) District with proffers, and 1.49 acres from 132 District to B2 District with proffers, totaling 6.49 acres. LOCATION: The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/02/12 PLANNING COMMISSION MEETING: While the uses proposed by this rezoning request are consistent with the land use designations of the 2030 Comprehensive Plan, the impacts associated with the rezoning application have not been adequately mitigated. In particular, the transportation impacts relating to internal site circulation and access to and from Route 11 and Hopewell Road remain. Further, the future improvements identified in the Eastern Road Plan have not been adequately addressed; sufficient right -of -way has not been provided to accommodate the future configuration. Finally, the intersection of Route 1 1 and Hopewell and Brucetown Roads has not been adequately addressed. Following the required public bearing, a recommendation regarding this rezoning application to the Board o(Supervisors would be appropriate. The applicant should be prepared to adeguatehy address all concerns raised by the Planning Commission. 33 A 164H 33 A 764E 1p9 33 A I14A i mom RE1O412 i f O Applications Q Parcels r Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) RS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) ( 7 J i ,;�„ 33? A 33 A 158 (11, J REZ # 04-12 Note: Kesari Properties p PINS: I county Dept of Planning DDevelopment 107 N Kent St 33- A- 164&33 -A -163 Suite 202 5 acres from RA to B2 winchester, VA 22601 and 1.49 acres from 32 to B2 540 - 665 - 5651 with Proffers Map Created: April 2, 2012 Staff: mruddy 0 100 200 400 Feet u Rezoning #04 -12 Kesari Properties April 16, 2012 Page 2 0 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: 05/02/12 Pending Board of Supervisors: 05/23/12 Pending PROPOSAL: To rezone five acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. LOCATION: The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33 -A -163 and 33 -A -16413 PROPERTY ZONING: RA (Rural Area) PRESENT USE: Restaurant /Truck Stop ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) South: RA (Rural Area) East: B2 (Business General) RA (Rural Area) West: B3 (Industrial Transition) Use: Commercial Use: Vacant Use: Commercial /Vacant Clearbrook Park Use: Commercial /Vacant • i Rezoning #04 -12 Kesari Properties April 16, 2012 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: VDOT has completed our review of the subject TIA /Rezoning. We offer the following comments for your consideration: In addition to closing entrance 7a, VDOT recommends the closure of the adjacent entrance to the north and to the south of 7a on Route 11. As proposed, the applicant wishes to pursue the installation of a traffic signal approximately 540 feet south of the Route I1 /Hopewell Road signalized intersection. We are concerned about the long term operational challenges to Route 11 that this proposal mitigation may create. A formal signal warrant analysis must be prepared and submitted for VDOT review prior to approval. Fire and Rescue: Plans approved as submitted. Fire Marshal: Plans approved. Department of Inspections: We do not have any comments regarding the proposed rezoning. However, we do recommend that future MDPs include a statement regarding the disposition of existing wells and drainfields. Public Works Department: 1. Refer to Site Suitability, Development Overview: The statement is made that the `land is quite flat and the overall elevation of the land is not substantially higher than the normal water surface elevation of Clearbrook Run ". In fact, the water level in the upper reaches of Clearbrook Run is actually higher than the adjacent land areas, thereby creating wetland areas delineated as JW1 on the wetlands map. In addition, the creation of traverting formations (a light colored porous calcite deposited by precipitation of the calcium carbonate from solution in the surface waters) has raised the stream bed causing these increases in water surface elevations. It is entirely possible that the actual stream channel has been relocated within the property to create the existing pond. 2. Refer to site Suitability, Development Overview: We concur with your conclusion that runoff from fueling areas should be delivered through an oil /water separator for quality treatment. We recommend that this treatment be incorporated with the existing oil /water separator to insure that runoff from all the fueling areas be treated prior to entering the existing stream. 3. Refer to Site Suitability, Development Overview: It is anticipated that an extensive underdrainage system will be required to construct the connector road between the north and south parcels created by Clearbrook Run. It is possible that the construction of the underdrainage and road will eliminate the wetland area designated as J W 1. 4. Refer to Drainage: We recommend that the new stormwater management system be designed to treat stormwater from the existing and new areas for quantity and quality. Sanitation Authority: There is sufficient water and sewer capacity to serve this site. Service Authority: No comment Frederick - Winchester Health Department: Health Department has no objections to the request so long as no existing or proposed drainfields and wells are impacted negatively. New restaurant permit may be requested. 0 Rezoning 404 -12 Kesari Properties April 16, 2012 Page 4 Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the rezoning proposal during their meeting on May 17, 2011. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by Painter - Lewis, P.L.C. This application seeks to rezone five acres of land from the RA (Rural Areas) District to the B2 (Business General) District. The property is located on the west side of Route 11 near its intersection with Hopewell Road. The proposed use of the property is commercial uses, including enhancement of the Olde Stone Truck Stop. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the subject property or the surrounding area as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of the properties are listed as potentially significant. The sites that are listed in the survey are: Dick, L.O. House ( 434 -936) — Located on site; Clearbrook Feed & Supply ( #34 -935); and Clearbrook Presbyterian Church ( #34- 708). After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: The L. O. Dick House should be preserved for adaptive reuse. A preservation proffer should be included in the proffer statement to ensure that the dwelling and associated outbuildings will not be demolished (including demolishment by neglect); The proffer statement should include a proffer to screen the pumps on the Olde Stone Truck Stop from the L. O. Dick House; and A new architectural /historic survey should be completed on the structure to fully understand its significance. Frederick County Attorney: Please see attached letter dated June 6, 2011, from Roderick B. Williams, County Attorney. Transportation: Mr. Bishop's comments are included within attached letter (page 4) dated May 19, 2011, from Michael T. Ruddy, AICP, Deputy Planning Director. Planning Department: Please see attached letter dated May 19, 2011, from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: I ) Site History Parcel 163 is zoned B2 Business General Commercial and contains the Olde Stone Restaurant and Truck Stop. This use has been in existence for a significant time. Many of the physical improvements to the site including, but not limited to, the commercial building, fueling stations, and points of access to the surrounding State roads, do not conform to current Zoning Ordinance standards. They are legally nonconforming with regards to these requirements. The original USGS zoning map depicts Parcel 164B as being agricultural. 0 0 Rezoning #04 -12 Kesari Properties April 16, 2012 Page 5 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive 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. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. The Kesari properties rezoning is located within the North East Frederick Land Use Plan Land Use. The North East Frederick Land Use Plan identifies the subject properties with commercial land uses. This is reflective of the current zoning of the property of the Olde Stone Restaurant, and is designated to take advantage of the locations proximity to the Interstate. Interstate 81 and Exit 321 is located a short distance to the West of this site. Directly across Route 11 from the site is the Old Woolen Mill property and Clearbrook Park. Clearbrook Park is owned and operated by Frederick County as the Regional Park serving this part of Frederick County. Site Access and Transportation. Access to this site is a critical component as it is located at the intersection of Route 11, Martinsburg Pike, and Hopewell Road, Route 651. The North East Frederick Land Use Plan and the Eastern Road Plan identify Route 11 as a six -lane arterial road in the location of this property. Sufficient right -of -way should be made available to accommodate this future road section and any associated turning movements. Improvements should be provided with any rezoning request to mitigate the impacts of the rezoning and to implement the 2030 Comprehensive Plan. In addition, the improvement of the intersection of Route 11, Hopewell Road, and Brueetown Road is an identified transportation improvement project which has been included in the County's CIP for the past several years. This intersection has been identified as being deficient in terms of level of service and is recognized as needing to be substantially improved to accommodate the planned growth and development of this area in accordance with the North East Frederick Land Use Plan. Access management is a key consideration with any development project. This location is extremely critical given its location at the intersection of Route 11, Martinsburg Pike, and Hopewell /Brucetown Roads. Both the County Transportation Planner and VDOT have expressed concerns that the present and proposed access management at the site is insufficient to address the impacts associated with the proposed rezoning of this site. 0 0 Rezoning 404 -12 Kesari Properties April 16, 2012 Page 6 An additional entrance is proposed to provide access to the southern portion of the site. In addition, the Applicant is proposing to close one of the nonconforming entrances on Route 1 1 and one on Hopewell Road. The existing entrances do not meet current access management regulations. Internal circulation is presently challenging. The rezoning proposes site alterations to improve site circulation. However, the site alterations appear to be insufficient to accommodate the proposed use as a truck stop. Environment. The site contains several areas of wetlands and is bisected by Clearbrook Run which feeds into Clearbrook Park. Please see the above comments offered by Public Works with regards to site suitability and the potential impacts of this project. Storm water management will bean issue with this site that needs to be carefully addressed with any site development. Clearbrook Run is proposed to be crossed in two locations by internal access circulation. History The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of the properties are listed as potentially significant. The sites that are listed in the survey are: Dick, L.O. House ( 434 -936) —Located on site; Clearbrook Feed & Supply ( 934 -935); and Clearbrook Presbyterian Church ( #34 -708). The Frederick County Historic Resources Advisory Board (HRAB) considered the rezoning proposal during their meeting on May 17, 2011. After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: The L. O. Dick House should be preserved for adaptive reuse. A preservation proffer should be included in the proffer statement to ensure that the dwelling and associated outbuildings will not be demolished (including demolishment by neglect); the proffer statement should include a proffer to screen the pumps on the Olde Stone Truck Stop from the L. O. Dick House; and a new architectural /historic survey should be completed on the structure to fully understand its significance. The Applicant's Proffer Statement does not include any considerations to address the comments of the HRAB or the L. O. Dick House. 3) Potential Impacts Frederick County Transportation Comments: The following transportation comments have been provided by John Bishop, County Transportation Planner, and remain the County Staffs position on this component of the rezoning. 0 0 Rezoning #04 -12 Kesari Properties April 16, 2012 Page 7 Given the volume of traffic analysis concerns identified by VDOT, an adequate comment on traffic issues is complicated. However, the following concerns remain. 1) Route 11 and Hopewell road right -of -way needs have yet to be fully addressed. 2) Onsite traffic flow appears to create conflicts and safety concerns that need additional review. 4) Proffer Statement — Dated March 21, 2011 and revised on March 15, 2012 A) Allowed Uses: The Applicant has proffered to complete a Boundary Line Adjustment between the two parcels to create a larger parcel around the current and future truck stop and restaurant, and a residual outlot. No restrictions as to the use of the current and expanded parcel are proposed. The development of the outlet has limitations placed on it. Specifically, the Applicant has proffered to prohibit one or multiple fast food restaurants exceeding 4,500 square feet of total combined gross floor area, and to prohibit Adult Retail uses. Beyond this, all other uses allowed in the B2 Business General District would be permitted on the properties. The Applicant has proffered to limit the number of fueling stations in an effort to further minimize the impact of the expanded truck stop and gasoline service station trips on the adjacent road network and to ensure the internal traffic can be satisfactorily accommodated on the site. B) Access Management and Transportation. The Applicant has proffered the design and construction of a right turn lane on southbound Route 11 to serve both future parcels, a new commercial entrance on Route 11, and the dedication of ten feet of right -of -way along the frontage of Route 11 for the purpose of facilitating future improvements to Route 11. The Applicant has proffered to provide $25,000 for future transportation improvements within the Route 11 right -of -way. This amount is insufficient to achieve any real improvement within Route 11. Said improvements to accommodate future uses are customarily made by the development. The Applicant has proffered a new traffic signal at the future site access on Route 11 if warranted within ten years. VDOT has expressed concerns regarding a signal in this location. No alternative has been offered to reallocate the funds for the proffered signal to other improvements in the vicinity that may mitigate the transportation impacts of this development. This application does notfully address the Eastern Road Plan which identifies Route]] as a six lane arterial road improvement to accommodate the future land uses in the vicinity of this project, nor does fitfully address the impacts associated with the request at the intersection of Route 11 and Hopewell and Brucetown Roads. In addition, access management along Route 11 and Hopewell Road is deficient. 0 0 Rezoning #04 -12 Kesari Properties April 16, 2012 Page 8 C) Site Development: The Applicant has proffered a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of the proposed development on the parcel, the general location and form of the parcel access, the future new property line and location of the outlot, and construction improvements to Route 11. In addition, the Applicant has proffered landscape enhancements in the form of eighteen shade trees along the frontage of the Route I 1 right of way in addition to the requirements of the Frederick County Zoning Ordinance. The internal circulation and site layout identified on the GDP does not appear to enable the proposed uses, especially the truck stop and refueling component which is the most significant use proposed, to function effectively. It would appear as though there would be multiple internal conflicts which need to be addressed prior to increasing the intensity of the use of this property. D) Mitigating the he Impact of Development: The Applicant has proffered to pay or donate $5,000 for Fire and Rescue purposes for impacts to fire and rescue services. STAFF CONCLUSIONS FOR THE 05/02/12 PLANNING COMMISSION MEETING: While the uses proposed by this rezoning request are consistent with the land use designations of the 2030 Comprehensive Plan, the impacts associated with the rezoning application have not been adequately mitigated. In particular, the transportation impacts relating to internal site circulation and access to and from Route 11 and Hopewell Road remain. Further, the future improvements identified in the Eastern Road Plan have not been adequately addressed; sufficient right -of -way has not been provided to accommodate the future configuration. Finally, the intersection of Route 11 and Hopewell and Brucetown Roads has not been adequately addressed. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA he completed by Plcrroring S7afJ' ling Amendment Number Hearing Date Fee Amount Paid $ D oo Date Received BOS Hearing Date 5 3 The f)lloiving information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Laxmi Kesari Address: 11499 White Oak Court _Herndon.,. VA 20170 01 2. Property Owner (if different than above) Namc: Address: 3. Contact person if other than above John Lewis Name: Telephone: Telephone: Telephone: 703 - 406 -0736 540 - 662 -5792 4. Checklist: Check the following items that have been included with this application. Location map _ X _ Agcncy Comments X _ Plat X Pees X Deed to property _X _ hnpact.Analysis Statement X Verification of taxes paid X Statement X 10 0 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: S. K. Associates, Inc. Kesari Third Generation, LLC 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL 11) NUMBER 33 -A -1641 33- A -164E 33- A -162B 33-A- 162 - -- 33 -A -158 ... _..... 33-A-1 15A 33 -A -115 B .............................. 33- A -164F ................ - 33- A -164G 33- A -164H Residential -RA Limited Commercial -B2 USE commercial vacant recreational commercial religious commercial utility commercial commercial commercial ZONING B3 RA RA B2. RA B2 RA B2 B3 B3 S. Location: The property is located at (give exact location based on nearest road and distance fiom nearest intersection, using road names and route numbers): The property is located on the west side of Route 11, approximately 300 feet south of the intersection of Hopewell- -- -- Road and Route 11. 0 0 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome; Multi- Family: Non - Residential hots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: 35,500- Nlanul'acturing: Restaurant: -4,500.* Warehouse: Other: 'For use in Traffic Impact Analysis only. 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Fredericl< County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. ® I (wc) 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): Date: Date: Ownel'(s): 12 Date: Date: • Adjoining Property Owners Rezoning 0) 0 Owners ofproperty adjoiningthe IandwiII be notified of the Plarming Cornmission and the Board of Supervisors meetings. For the propose 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 niay be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd,Jloor Qf the Frederick County Administrative Building, 107 rVoi-lh Kent Street. Name and property Identification dumber Address —� Nmne Mobile Shelters, Inc. PO Box 1001 Dumfries, VA 22026 Properly ti 33 -A -1641 K.D. & J. F. Richardson 106 Cotswold Court NamC Stephens City, VA 22655 Property", 33- A -164E N,a117e County of Frederick 107 N. Kent Street Winchester, VA 22601 Property N 33 -A -1628 Name L. & R. Kesari 11499 White Oak Court Herndon, VA 20170 Property!! 33 -A -162 ya111e Clearbrook Presbyterian Church 830 Woods Mill Road Stephenson, VA 22656 Property N 33 -A -158 William Orndoff, LLC PO Box 7 ��111C — Clearbrook, VA 22624 Propery„ 33- A -115A N,a111G Potomac Edison 10435 Downsville Pike Hagerstown, MD 21740 33 -A -1158 Propei7y # Name Clearbrook Real Estate, LLC PO Box 147 Clearbrook, VA 22624 P,ope,tya 33- A -164F Name Fish Properties, LLC 2619 Apple Pie Ridge Road Winchester, VA 22603 Property;i 33- A -164G (110 14 1. 0 15 Name and Property Identification Number Address Name C.D. & D. S. Lucci 117 Ridge Road Winchester, VA 22602 Property !I 33- A -164H Name Property i= Name Property /f Name Property # Name Propely:Y. Nance Property;;' - Nantc Property E- FN-arne Propcny ;{ Name Properq' Nance Propel IV -.' Mimic Property # Name Property 4f Name Property 15 �M e' i % % a of �j 1/ /11 1. F'- � KESARI PROPERTIES FREDERICK COUNTY, VIRGINIA SCALE: 1" -2000' DRAWN BY: P —L \/`:, `� /\ DATE: 10-21-101 JOB #1004012 REVISED: 1 PAINTER- LEWIS, P.L.C. WINCHESTER, VIRGINIA LOCATION MAP • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: vvvvvv.co,frederick.vams Department of Plroming & Development, Comfy of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540- 665 -6395 Phone 540- 665 -5651 Know All Men By Those Present: That I (Nle) (Name) Kesari Third Generation, LLC (Phone) 703- 406 -0736 (Address) 11499 White Oak Court, Herndon, VA 20170 the owner(s) of all those tracts or parcels of land ("Property') conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by In$trltment No. 100000109 ou Page 0138 and is described as Parcel: _ Lot: 164 Block: _ Section: Subdivision: do hereby make, constitute and appoint (Na e) Painter - Lewis, P.L.C. ( Phone ) 540 - 662 -5792 (Address) 116 North Braddock Street, Winchester, VA 22601 ® To act as my true and lawful attorney -in -tact for and in my (our) name, place, and sterol with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) _ Conditional Use Permit Master Development flan (Preliminary and Final) _ Subdivision _ Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved profferec conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this lay of Fe Signature(s) State of Virginia, C�— /tC-ou —ntyy of W `vim 1, e✓- To -vvir. I, I �I, eK&r, c I ✓ L, e I o ye ............. __, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument perspnally appeared before me and has acknowledged he same before me in ,,,%o µjh5�iction aforesaid this f ay off 200 . • �P J. Tq '. "' l ti �� �, o 1P. p'�v�(�Crptmissiot Expires: aOly Notary Public Q'Z REG # A�� :� Revised 3/17/08 =0; : 7351593 O:4 =0. COMMISSION i 2 EX I ES 0 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: nco'te.co.fredericic.va.us Department of Planning -& Development, County ot'Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540 - 665 -6395 Phone 540 -665 -5651 Know All Men By Those Present: That I (We (Nance) S. K. Associates, Inc. (phone) 703 -406 -0736 (Address) 11499 White Oak Court, Herndon, VA 20170 the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040002233 on Page 0133 and is described as Parcel _ Lot. 163 Block: Section: _ Subdivision: do hereby make, constitute and appoint: (Name) Painter - Lewis, P.L.C. (Phone) 540-662-5792 (Address) 116 North Braddock Street, Winchester, VA 22601 To act as uty true and lawful attorney -in -fact for and in my (our) name, place, and stead with fult power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) _ Conditional Use Permit Master Development Plan (Preliminary and Final) _ Subdivision _ Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year front the clay it is signed, or until it is otherwise rescinded on modified. (k In witness thereof, I (we) have hereto set my (our) hand and seal this _)K day of (?&f L7__, 20Q Signature(s) State of Virginia, Qiy/County of To -wit: I.A G, Lew t5 pcu`ccrurr�r'r�i a Notary Public in and for the jurisdiction aforesaid, certify that it persons) wl��� tg • •lotti��fc'g� ing imstruntetitpersonatty appeared before the anc a acl:7nox7eged rile samebefoli,z mroigt � j{it^,alni�ion.aforesaid this lb day ofpML- , 20fj� :r r) REG# �vttny a Z : 5�5853 M:mc nmission Expires: O 0l �� Kota Pubf 3% EXPIRES 0��� Rev' ed3(17/08 : O *-....9/30/2 y . 1 16 q.......o� �,,�� ;THturass