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Home My WebLink About05-04 Application (2)REZONING APPLICATION #05 -04 BURLINGTON, LLC Staff Report for the Planning Commission Meeting Prepared: July 29, 2004 Staff Contact: Jeremy F. Camp, Planner II 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: 05/05/04 Tabled 08/18/04 Pending Board of Supervisors: 09/08/04 Pending PROPOSAL: To rezone .78 acres from the RP (Residential Performance) District to the B2 (Business General) District. LOCATION: The property is located east of Winchester and north of Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64A -2 -12 and 64A -2 -13 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING PRESENT USE: North: Zoned RP (Residential Performance) District Use: Residential (College Park Subdivision) South: Zoned B2 (Business General) Use: Vacant (Intended site of future hotel) East: Zoned RP (Residential Performance) District Use: Residential (College Park Subdivision) West: Zoned B2 (Business General) Use: Commercial (Holiday Inn) PROPOSED USE: Parking lot to serve adjacent commercial use REZ Burlington, LLC Page 2 July 29, 2004 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 797. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Burlington, LLC rezoning application dated March 17, 2004 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 Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Fire lanes and emergency vehicle access shall be identified during the site plan process and shall meet the requirements of Frederick County Code section 90 -4 and the International Fire Code in force at the time of construction. Fire lanes are required at all fire hydrants, fire department connections and all normal and emergency access points to the structure. Water supplies for firefighting shall meet the requirements of Frederick County Code section 90 -4 and Appendix B of the International Fire Code in force at the time of construction. Plan approval recommended. Millwood Station: Fire lanes need to accommodate aerial ladder trucks. Proper hydrant coverage. Frederick Winchester Service Authority: No comments. County En ineer: Provide a narrative indicating the proposed method of stormwater management to be applied to the site development, i.e., on -site detention or possible off -site drainage improvements. Sanitation Authority: We do not serve this area. Inspections: Demolition permit is required for structures to be removed along with asbestos inspection in accordance to section 112.1.4. No additional comments required at this time. Shall comment at the time of site plan review. Health Department: Health Department has no objections to the request as stated as long as available public water and sewer are utilized. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there REZ Burlington, LLC Page 3 July 29, 2004 are no significant historic structures located on the properties 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 any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the First and Second Battles of Winchester; however, they are currently part of College Park subdivision and already contain a house and, therefore, have lost their integrity. County Attorney: Have reviewed and final proffers appear to be in proper legal form. Frederick County Public Schools: No comments at this time. Frederick County Department of Parks Recreation: No comment. Winchester Regional Airport: The proposed rezoning request for the Burlington. LLC property is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. Winchester City Planning Department: No comments other than to note that having the direct connection to Route 50 so close to the signalized intersection seems like poor planning. Should consider making it a right -in /right -out access only and make use of the side street entrance for all left -turn movements. Planning Staff Comment: The existing entrance on Millwood Pike (Route 50 W) is proffered with this rezoning lo he modified to cr right -in right -out. Planning Zoning: 1, Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the subject parcel as R -2 (Residential Limited) District. The zoning changed to RP (Residential General) District on September 28, 1983 when the RI, R2, R3, and R6 zoning districts were reclassified. 2) Location: The property is behind the site of the former Hardee's Restaurant on Millwood Pike (Route 50). It is located east of Winchester, on the east side of Tulane Drive. The two parcels of land consist of .78 acres of land, and are currently lots 12 and 13 of the College Park Subdivision. The site of the proposed rezoning is within the Shawnee Magisterial District. A single family residence is presently located on the subject site. 3) Comprehensive Policy Plan: REZ Burlington, LLC Page 4 July 29, 2004 Land Use Compatibility: 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) The area comprising this rezoning is within the study limits of the Route 50 East Corridor land use plan, but are outside of the area planned for future uses. The .78 -acre site is within an area of existing residential uses adjacent to existing commercial uses. Introducing commercial uses within the residential neighborhood may impact existing residents. Efforts should be made to minimize these impacts. (Comprehensive Policy Plan. pages 6 -17 through 6 -20) The subject property is within close proximity of the Interstate 81 Interchange (exit 313). As described in the Frederick County Comprehensive Policy Plan. the "Idealized Interchange Development Pattern" includes retail and service uses within closest proximity of interchanges, followed by buffered residential uses. The proposed rezoning appears to be generally consistent with this land use policy standard. (Comprehensive Policy Plan, page 6 -10). The UDA (Urban Development Area) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. Substantial areas of land are needed for business uses in the UDA. The subject property is located entirely within the UDA. (Comprehensive Policy Plan. p. 6 -1, 6 -2, 6 -5). 4) Site Suitability (Impact Analysis Statement) A. Flood Plain: none B. Wetlands: none C. Steep Slopes: none D. Soils: The General Soil Map of the Soil Survey of Frederick County. Virginia indicates that the soils comprising the subject parcels fall under the Clearbrook Blairton soil REZ Burlington, LLC Page 5 July 29, 2004 E. Historical Resources: none 5) Proffer Statement association, which is the predominant association on land located east of Interstate 81. It is noted that these types of soil present some limitations to site development due to a seasonal high water table, frost, and depth to bedrock. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. The applicant has submitted a revised proffer statement, dated June 24, 2004, which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The revised proffer statement has been prepared by the applicant with input from staff in an effort to address the concerns raised during review of this rezoning application during the Planning Commission Meeting on May 5, 2004. The following conditions have been proffered in the new proffer statement: Monetary contribution of $3,000 for Frederick County Fire Rescue services and the Sheriff's Office. General conformance with the associated General Development Plan (GDP). The applicant has proffered to keep the existing trees along the north and south property lines in addition to the required full screen. Planning Staff Comment: Despite the reference of a block wall, the proffer statement does not guarantee a block wall. The proffer statement restricts all uses on the property other than parking required for the adjoining parcel to the south. No buses, tractor trailers, inoperable vehicles, vehicles awaiting repair, outdoor storage, or display of vehicles will be allowed on the parcel. Plannin2StaffComment: The restriction of the above-referenced vehicles and storage was added to the proffer statement in lieu of concerns of citizens. Staff would note that the proffer statement does not restrict RV parking, as the applicant did not wish to restrict this use from the property. The applicant has proffered to limit access off of Tulane Drive and Princeton Drive to one entrance along the parcel to the south. There shall be no entrances off of Tulane Drive and Princeton Drive along the property proposed for rezoning. Access to the subject property shall occur through the parcel to the south. REZ Burlington, LLC Page 6 July 29, 2004 Modification of the existing entrance along Millwood Pike (Route 50) to a right -in right -out only. The applicant has proffered to meet with three representatives of the College Park neighborhood at their request to review their concerns. The proffer statement provides for a $10,000 landscaping bond for the required landscaping and screening on the property. In addition, the applicant has proffered to enter into a planting and maintenance agreement with VDOT for the 5,000 square foot area between Harvard Drive and Princeton Drive (Sec Proffer Attachment). PLANNING COMMISSION SUMMARY ACTION FOR THE 05/05/04 MEETING: Thirteen residents of the College Park and Pembridge Heights subdivisions carne forward to speak in opposition to the rezoning of this parcel. They expressed concern that the parking area would be used for tractor trailers and buses, resulting in a noise problem; they did not believe the screening or fence would shield them from the possibility of all -night idling of tractor trailers and buses. Several citizens commented that this was an existing residential neighborhood and they Feared the rezoning would set a precedent to allow additional commercial uses to encroach on their neighborhood. They believed the establishment of the parking area would negatively impact their property values. Issues regarding trash, maintenance, and security were also raised by adjoining residents. Citizens commented that the previous property owner had maintained his property so well, they considered it to be a showplace. In contrast, they said the current owner has poorly maintained the property and they presented photographs showing overgrown landscaping, debris, and storage. They believed that if this property owner could not keep up the appearance of the property now, then he would not do a good job of maintaining the parking lot or screening in the future. Commissioners preferred to see some guarantee from the applicant that tractor trailers and buses would not be parked on the proposed lot. In addition, they asked for a commitment from the applicant that lighting would not be obtrusive to adjoining residents and that ornamental block, rather than cinder block, would be used to enhance the appearance of the opaque fence. A representative of VDOT was available to answer questions. A member of the Commission asked if sufficient easement was available along this property for future improvements to Rt. 50, such as widening and turn lanes. VDOT's representative believed they were okay in that regard; he speculated that the long -term road plan would show a re- location of Rt. 522, which will tie into Rt. 50 to the east of this location. The applicant's representative pointed out that with the approval of the master development plan for Shenandoah University and the Tulane Drive extension, the nature of Tulane Drive was changed; he said that it ceased being a residential street and is now a public thoroughfare that will increasingly be used. While he understood the residents' concerns about losing the dwelling, he said that this REZ Burlington, LLC Page 7 July 29, 2004 request is a natural extension of the commercial uses along Rt. 50 and Tulane Drive. He assured the Commission that this parking lot will be screened from all residential views. In conclusion, the applicant's representative believed they could address the concerns raised and asked the Commission to table this rezoning in order to give the applicant the opportunity to rework their proffers. The Planning Commission agreed to table the rezoning, by the following majority vote: YES (TO TABLE): Triplett, Fisher, Kriz, Morris, Unger, Gochenour, Straub, DeHaven NO: Thomas. Light, Watt (Commissioners Rosenberry and Ours were absent from the meeting.) STAFF CONCLUSIONS FOR THE 08/18/04 PLANNING COMMISSION MEETING: This application is a request to rezone .78 acres of land from the RP (Residential Performance) District to the B2 (Business General) District. The applicant is seeking the rezoning of this property with the intent of developing a hotel on the parcel to the south and using the .78 -site for parking. The proffer statement has been revised since the Planning Commission's review of this rezoning application on May 5, 2004. All issues identified by the Planning Commission during the scheduled public hearing should be adequately addressed by the applicant. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. 64A 3 A APPLE BLOSSOM PROPERTIES /64A 3 B SAHI& N AYANN, INC /P 0 T 64 A 110 Iv y SHENANDOAH UNIVERSITY ,l a p V`� Nam 64A 83 35 SHERWOOD gio 64A 4 1 BURLINGTON, LLC REZ #05 -04 Burlington LLC PINs 64A -2 -12 64A -2 -13 N w e s 0 100 Feet MOWN IMONOMMOOMO MOOMMOOMF I II 'III. RP,LEBLOSSOM PROPERTIES i 64 A 110 HENANDOAH UNIVERSITY O 64A 8 3 35 SHERWOOD RP 1-- O REZ 05 04 Burlington LLC PINs 64A -2 -12 64A -2 -13 W! 0 100 Feei REZ 05 04 Burlington LLC PI Ns 64A -2 -12 64A -2 -13 Preliminary Matters Monetary Contribution On Site Development REZONING REQUEST PROFFER Property Identification Number 64A -2 -12 64A -2 -13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 24 June 2004 Pursuant to Section 15.2 -2296 et. Seq. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #05 -04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (B -2). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B -2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 A full landscape screen shall be installed along the north and east sides of the subject property, as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. If opaque screen is of block it shall be painted, stucco on both sides or be textured block. The existing trees located along the north and east property lines shall remain and be protected during site development. Further these trees shall be deemed part of the landscape screen, requiring replacement should they die. Page 1 of 4 Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair, and no display of vehicles for sale will be allowed on the parcel requested for rezoning Item 3 Road access to the combined B -2 use shall be only by approved VDOT entrances on the south parcel and no entrance shall be requested on streets fronting on the parcels requested for rezoning. The existing residential driveway entrance will be removed. Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in /out to allow only westbound access to Route 50. Item 5 The 3 combined parcels for B -2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 The owner or their representative shall meet with 3 representatives of the adjoining residential neighborhood (College Park Representatives) at their request to review adjoining owners concerns with respect to maintenance and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial three adjoining owner representatives. These names will be established with the site plan approval. Item 7 The owner is responsible for maintaining all required landscaping. However, a $10,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site screening and landscaping will occur as needed. The period of the bond will be 10 years. Item 8 As part of the site plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A. Item 9 As part of the site plan approval process the owner shall enter into a standard planting agreement with VDOT to develop the VDOT right -of -way as shown on Attachment A to include, as a minimum, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the College Park Representatives. Item 10 No outdoor storage will be allowed on the parcel subject to this rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 2 of 4 Respectfully submitted, PROPER WNER By: Date 6 F STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Tke for ent was acknowledged before me this "LitI d y of 1\1-e 2004, by V \Is My commission expires Notary Public Page 3 of 4 ATTACHMENT "A" ILLJ PC 1 +71 7 j� 641RL1NGTON TO FlNAIJZE ACRE TO MAINTAIN 5000 S SHADE EA WITH SITE PLAN APPROVAL y- a.00 0 0 v rfrIrfc, t/1 CC a a (1.1- 0 J f ff 18 vas Pr p le. afra v b enisi VAr GsJ ,o23 v c�i CO OAKS, PC 0 +26.02 PIN 2' CALIPER R ED BUDS 6.:PLANTING CG -11 EX. R HEIGHT.: 6:: q o 35 +00 y N PROPOSED 6 HEfZ HO ES i n A T NG 36 +00 r l'' f COLGE :PARK rTUI[ANE DRIVE SIGN ^�y R -125 ON :¢...J_ 1Ple- rat SCALE: 1 =30 FT. gilbert w clifford associates a division of Patton Harris Rust Associates,pc pJ�\+/ rveyors. Planners. Landscape Architects Engineers. gtl A P�i i T her, 9giIna 2260t5uite 200 BURLINGTON, L.L.C. REZONING REQUEST PROPOSED COLLEGE PARK IMPROVEMENTS DWG. NO 1 OF 1 CDLCE- PARK- IMPROVEMEMISAWG DP.AWN: JDS Ciff.Q: RAM SCALE: 1' 30' LIME 5/13/04 mma:oes rary norm Isplmal.:- weeesm AeopA WIfPOEy11CJT n 1 uaree P 0II0 ppl.. P.WR@0 mlwn iruo.00 C0$ ItNee 115 TmYpxWWGW0 ESRtiJI10O t f PtS CEperse.pewa. Burlington LLC R E Z O N I N G 8I IAIP1VtiB MACLRURIAL U1.17121Y.7 COUP\ IY OF IltWI)ERICIC VIRGINIA FEBRUARY 2004 gilbert w. eiityz associates pelts,' M e Rua. Aseacleles,ffle [11011A Snnpme. Mann. Lan /scare NO1ee.e. PURA inesant•Far wwe a eal