HomeMy WebLinkAbout05-04 Comments (3)'i ?ice +:2...
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gilbert w. ciifford associates
a CMS of
Patton Harris Rust Associates pc
Engineers.' Surveyors Plonners. Lanascope Architects.
117 Sasl Piccadilly Seoul Suite 200
Wincrwtie Vrwinca 22PA1
T 540.807.213e
F 540.5a5.04
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BURLINGTON, L_LC.
REZONING REQUEST
PROPOSED COLLEGE PARK
IMPROVEMENTS
SCALE 1" 30'
DWG. NO.
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March 2, 2004
Mr. Tom Price
Gilbert W. Clifford Associates, Inc.
117 E. Piccadilly Street, Suite 200
Winchester, Virginia 22601
RE: Preliminary Review Comments for Burlington Rezoning
Property Identification Numbers (PIN) 64A -2 -12 and 64A -2 -13
Dear Tom:
COUN
107 North Kent Street Winchester, Virginia 22601 -5000
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
Thank you for providing me with the opportunity to review the preliminary rezoning application for
the proposed development referred to as the Burlington Rezoning. This rezoning application
proposes to rezone .78 acres from the RP (Residential Performance) District to the B2 (Business
General) District with the intent of using the property as a parking lot for a future hotel /motel. Staff's
review comments are listed below for your consideration.
1) General Development Plan. Please show and/or label all zoning buffers and screens and
proffered landscaping improvements on the General Development Plan. Please remove what
appears to be existing trees from the GDP. These trees can be kept; however, showing them
on the GDP is more confusing than helpful. Please also consider proffering general
conformance with the GDP.
2) Screening Detail. An upgraded fence and screen would benefit adjoining residential
properties. Please consider including a screening detail with the proposed GDP.
3) Access Management. Allowing access to the property exclusively through the southern
parcel (hotel site) and removing all existing entrances would help mitigate potential traffic
impacts. Staff would suggest that this type of proffer be considered.
4) Allowable Uses. Staff suggests that the owner consider proffering to only use the property
as a parking lot. This would ensure that the property would not be used for something else
in the future without further review by the County.
rf
Page 2
Preliminary Review Comments Burlington REZ
Mr. Tom Price
March 2, 2004
5) Millwood Pike Entrance. Staff opposes not removing the existing entrance off o f Millwood
Pike, because this entrance does not meet the minimum spacing distance from the Tulane
Drive Intersection. Please consider removing this entrance from the rezoning's GDP. A
shared entrance with the Motel 8 site would be desirable over such an entrance. A waiver
from the Planning Commission would be necessary to allow this entrance to remain where
it is.
6) Tulane Drive Entrance. Consider proffering language which limits the hotel site to only
one entrance off of Tulane Drive, and that this entrance will be at the location shown on the
General Development Plan.
7) Landscaping. Please note that you do not show an evergreen hedge row screen around the
entire perimeter of the parking areas facing adjoining roads. Such an evergreen hedge row
would be required by the Zoning Ordinance to screen the parking areas (headlights) from
Tulane Drive and Millwood Pike. Updating any proposed landscaping illustrations would
be appropriate.
8) Parking Layout. Please be advised that the landscaped islands shown in the center of the
proposed parking lot of the subject properties appear unusual and will be questioned if a site
plan shows this same layout. Staff would suggest eliminating the four parking spaces within
this center landscaped area and replacing them with landscaped area.
9) Special Limited Power of Attorney. Please have the property owner complete the attached
special limited power of attorney form which authorizes you to represent them during the
application process.
10) Deed and Plat. Please provide a copy of the most recently recorded deed and plat or survey
of the .78 acre parcel. A copy of the deed and plat of the old Hardee's lot would also be
helpful since you are including this lot in the GDP.
11) Verification that Taxes have been Paid. Please provide a receipt from the Treasurer's
office which verifies that real estate taxes to the property have been paid.
12) Impact Statement. Please provide an impact analysis statement for this rezoning as
specified in the rezoning application.
13) Fees. The fee for this application includes a $1,000.00 base fee plus $50.00 per acre, and a
$50.00 public hearing sign fee. Thus, a total of $1,089.00 is due upon submission of the
official rezoning application.
Page 3
Mr. Tom Price
Preliminary Comments Burlington REZ
March 2, 2004
14) Agency Comments. Please provide appropriate agency comments for the following
agencies: Frederick County Fire Marshal, Frederick County Public Works, Frederick
County HRAB, Frederick County Parks Recreation, City of Winchester, Frederick County
Sanitation Authority, Frederick County Service Authority, Virginia Department of
Transportation, and the Frederick County Attorney's Office.
All of the above comments must be appropriately addressed before staff can accept this rezoning
application. Please do not hesitate to contact me with questions regarding this application.
Sincerely,
ywk Cig/t w{,-
V
Jeremy F. Camp,
Planner II
JFC/bhd
Attachment: Power -of- Attorney Statement
gilbert w. clifford'a *ciates
a division of
Patton Harris Rust Associates,pc
Engineers. Surveyors. Planners. Landscape Architects.
P
Notes:
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
To: Chris Mohn
Organization /Company: Frederick County Planning
Address: 107 N. Kent Street
Winchester, VA 22601
Telephone Number:
Date: 4/9/04
From: C. E. Maddox, Jr., P.E., VP
Project Name /Subject: Burlington LLC Property
Via:
Quantity File Date
1
1
42
Application Fee $1,089.00
Received by: Date:
Description
Unbound Rezoning Application
Rezoning Application Package
Internal Project File
Transmittal
RECEIVED
APR 0 9 7n@1t
PLANNING CcVELCFMElJT
I
Transmitted
Herewith
Under separate cover
Material
Originals
Photocopies
Diskette
Shop Drawings
Mylar
Ozalid Prints
Invoice
Sepia
Purpose
Your Use
Your Files
Approval
Please Return:
Corrected Prints
Please Submit:
Revised Prints
REZONING #05-04 Burling LC
May 5, 20 tanning Commission Meeting
GREETINGS
Thank you Mr. Chairman and members of the Planning Commission.
II t SUMMARY
The Burlington LC rezoning application is a request to rezone .78 acres from the RP
N� (Residential Performance) District to the B2 (Business General) District. The acreage
consists of lots 12 and 13 of the College Park Subdivision, which are located at the corner
t of Tulane Drive and Princeton Drive in the Shawnee Magisterial District
P o rpt lo=ser een fot Location ntap
t x pptic ingt.Greiay"igi g bola oftdze pr "o�aerty
The rezoning would allow the .78 -acre site to be developed only as a parking lot
4 in conjunction with the commercial site to the south, which is where the former Hardees
restaurant once was.
o
The area comprising this rezoning is within the study limits of the Route 50 East Corridor
�c land use plan, but are outside of the area planned for fi,ture 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. The site is within the Urban
Development Area and the Sewer and Water Service Area, but is served by City sewer and
water service.
The applicant has proffered that access to the site will only be permitted through the parcel
to the south The applicant is also proffering to contributing 3,000 dollars to Frederick
County for Fire Rescue impacts; restriction of eastbound traffic at the existing entrance
on Millwood Pike; and installation of a full screen and a evergreen hedge row as depicted
on the GOP t ardin this howe er staff would note that the full screen is a requirement
of e Frederick County Zoning Ordinance. It would be more appropriate for the
applicant to consider proffering a screen with enhanced features, rather than that which
is a minimum standard of the Zoning Ordinance. A'
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No enviromnental features or historical resources exist on the property. e de'e/,,,
CLOSING REMARKS
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All review agency comments have reviewed the proposed rezoning application.
After the requirement for a public hearing staff will forward all comments from the
Planning Commission to the Board of Supervisors for their consideration.
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Rezoning Comments
Applicant's Nanie:
Mailing Address:
Location of Property:
Current Zoning:. RP
Mail to:
Frederick County
Dept. of Planning Development
107 N. Kent Street
Winchester, VA 22601
(540) 665-5651
behind the former Hardee's Restaurant.
Burlington, LLC
Frederick County Department of Planning
Gilbert W. Clifford Assoc., Inc.
c/o C. E. Maddox, Jr., P.E., VP
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
Zoning Requested: B -2
Hand deliver to:
Frederick County
Dept. of Planning Development
Co. Administration Bldg., 4" Floor
107 N. Kent Street
Winchester, VA 22601
r Applicau t: ";P,lease fll °oitt the inforin atioir as a ceurately'as possible assi stfhe''Htstotic
Resources Advisory Board with their review Attach a.copyof your application form,'location
map; proffer. statement,' impact analysis, and.any"_other pertinent information.
Phone: (540)667 -2139
East of Winchester and north of US Route 50, on the east side of Tulane Drive,
Acreage: 0.78 Acres
FEB 0 5 2004
Planning Director's Comments:
Signature Date:
Notice to Planning Director Please Return This Form to the Applicant
9
REQUESTING AGENT: `11 C> 2,47 Gu
STAFF MEMBER:
COMPLETION DATE:
MATERIALS:
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMSLJ
FREDERICK COUNTY, VIRGINIA
b i
GIS, MAPPING, GRAPHICS
WORK REQUEST
DATE RECEIVED: 79
94v
REQUESTED COMPLETION DATE:
Department, Agency, or Company:
Mailing and/or Billing Address:
Telephone: FAX:
E -mail Address:
ESTIMATED COST OF PROJECT:
DESCRIPTION OF REQUEST: (Write additional information ,an hark of request)
L 0 6477e/0 h1ff-P RE� cAi Rod a 0S-oy
f R Z-//06-7D A/ z-t-c
N -'s 6qA- -4 -IR q-l3 I 97- A l fC o4r'F -a- IA -1-/3
DIGITAL: PAPER: FAX: E -MAIL: 1
SIZES:
COLOR: BLACK/WHITE: NUMBER OF COPIES:
HOURS REQUIRED'
DATE OF PICK- UP/DELIVERY:
AMOUNT DUE: AMOUNT PAID:
AMOUNT BILLED:
METHOD OF PAYMENT: CHECK NO.#
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665 -5651)
PHA
CORPORATE.
Chantilly
VIRGINIA OFFICES:
Chantilly
Ri id gewatei
Fredericksburg
Leesburg
Richmond
Virginia Beach
Winchester
Woodbridge
LABORATORIES:
Chantilly
Fredericksburg
MARYLAND OFFICES.
Baltimore
Columbia
Frederick
Germantown
Hollywood
V /EST VIRGINIA
OFFICE:
69' rt i n sb Lire
T 540.667.2139
F 540.665.0493
117 East Piccadilly Streel
Winchester, VA
22601
Patton His Ru. Associates,pc
Engineers. Surveyors. Planners. Landscape Arch i lecls_
June 14, 2004
Jeremy Camp
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
RE: Burlington Rezoning
Dear Jeremy,
Call if you have questions.
Regards,
Gilbert w. clifford associates
onald A. Mislowsky, P.E., VP
tiR E C I V 4
JUN 1 4 2004
FREDERICK COUNTY
?LANNx.0 e. DEWCL PMENT
I've enclosed VDOT's comments on our revised proffers. We will amend items 8
and 9 to require the owner to enter into a "planting agreement" with VDOT
during the site plan approval process.
Ronald A. Mislowsky
From: Funkhouser, Rhonda Rhonda .Funkhouser @VirginiaDOT.org] on behalf of Ingram, Lloyd
[Lloyd.ingram @VirginiaDOT.org]
Sent: Monday, June 14, 2004 11:08 AM
To: 'Ronald.Mislowsky @phra.com'
Cc: Ingram, Lloyd
Subject: Burlington, LLC
After review of your letter dated May 14, 2004, VDOT has no objections to what you are
proposing. Items eight and nine can be covered in a Planting Agreement "B" to VDOTs
District Office, via this office. A copy of this form is attached.
«PLANTING AGREEMENT B.doc»
Should you have any questions, do not hesitate to let me know.
Lloyd A. Ingram
Transportation Engineer
VDOT Edinburg Residency
Land Development
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984 -5611
(540) 984 -5607 (fax)
6/14/2004
between
and
on Route
Mr. Jerry Copp
Resident Engineer
Virginia Department of Transportation
14031 Old Valley Pike
Edinburg, VA 22824
PLANTING AGREEMENT B
Date
County
Dear Mr. Copp:
We, the undersigned, wishing to cooperate with the Virginia Department of Transportation
(hereinafter referred to as the Department), request permission to donate, install, and maintain
the plants as indicated on the attached landscape plans for:
In requesting this permission, the following provisions are agreed to:
1. Any planting proposed shall be outlined clearly and a sketch of same made a part of this
Agreement.
2. The applicant assumes the responsibility for the completion of the work outlined and the
maintenance of the plant material once installed.
3. The applicant agrees to indemnify and save harmless the Department, the Commonwealth
Transportation Board, and all its officers, agents and employees from all suits, actions of
claims of any character, name or description, which might arise from the construction of
work permitted by this Agreement.
4. It is understood that should any planting allowed under this agreement become a traffic
hazard, or is not maintained, in the opinion of the Department, at its discretion the
Department may remove such planting.
Revised 5/23/03
Recommend Approval:
Approved:
Name
Signed by
Title
Address
Phone Number
Date Resident Engineer
Date Roadside Manager
Revised 5/23/03
RE ZONING RE QUE ST PROFFER
Property Identification Number 64A -2 -12 64A -2 -13
Shawnee Magisterial District
BURLINGTON, LLC
ROUTE 50 EAST
Preliminary Matters
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.
Monetary Contribution
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.
On Site Development
The Applicant shall perform and provide the following in accord with the attached Generalized
Development Plan (GDP):
Item 1 A full landscape screen along the north and east sides of the subject property as shown as
item 1 on the GDP. This shall include an opaque fence 6' high and plantings consisting of
4 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
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 space for buses or tractor trailers will be allowed on the
parcel requested for rezoning.
Page 1 of 4
Item 3
Road access to the combined B -2 use shall be only by approved VDOT entrances on the
south parcels and no entrance shall be requested on streets fronting on the parcel
requested for rezoning
Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site
plan to right in/out to allow westbound entrance from and exit 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 met with 3 representatives of the adjoining
residential neighborhood (College Park Representatives) once every three months to
review adjoining owners concerns with respect to maintenance and use of the parcel
requested to be rezoned. The date, time and place of these meetings will be established as
part of the site plan approval. 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 As part of the site plan approval, $5000 will be placed in an interest bearing escrow account
that maybe accessed by the County in order to maintain the portion of the parcel to be
rezoned which lies outside the opaque screening fence. Use of these funds would result
should complaints concerning maintenance arise from the College Park Representatives.
Should the fund level drop below $1000 the owner shall make deposits necessary to result
in a $5000 balance.
Item 8 As part of the site plan approval process, the owner will enter into a planting agreement
with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A. Additionally the
escrow funds required by Proffer 7 may be accessed in order to maintain this right -of -way
area should complaints from the College Park Representatives arise.
Item 9 As part of the site plan approval process the owner shall enter into a 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. Additionally, the escrow
funds required by Proffer 7 may be accessed to maintain this landscaping should
complaints from the College Park Representatives arise.
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 cf 4
Respectfully submitted,
PROPERTY OWNER
By:
Date:
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of
2004, by
My commission expires
Notary Public
Page 3 of 4