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072-15 (RezoningBlackburnCommerceCenter) REZONING APPLICATION #01-15 BLACKBURN COMMERCE CENTER Staff Report for the Board of Supervisors Prepared: May 7, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/06/15 Public Hearing Held; Action Recommended Approval Board of Supervisors: 05/13/15 Pending PROPOSAL: To rezone 128.56+/- acres as follows: 92.066+/- acres from RA (Rural Areas) District to M1 (Light Industrial) District with proffers, and 36.754+/- acres are to remain RA (Rural Areas) District. LOCATION: The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37. PLANNING COMMISSION ACTION AND SUMMARY & STAFF CONCLUSIONS FOR THE 05/13/15 BOARD OF SUPERVISORS MEETING: The Planning Commission unanimously recommended approval of this rezoning request, an application to rezone a total of 92.066 acres of land from RA (Rural Areas) District to M1 (Light Industrial) District with proffers, to accommodate industrial uses. Three citizens spoke during the Public Hearing for the request; two against the request who expressed concerns regarding the traffic impacts, lighting issues, residential appeal of area, and the overall heritage that exists in that area of the County, and one with more development related concerns. Members of the Planning Commission expressed their overall support for the application but discussed the transportation components of the request in great detail. The Applicant modified their proffer statement as a result of this discussion to change the timing of the monetary contribution of the transportation improvement proffer; Site Improvement Proffer #1, to reflect that the payment of the proffers will be at the time of the issuance of the Building Permit, rather than at the time of the issuance of the Certificate of Occupancy. Based upon the above, a motion was made, seconded and unanimously passed to recommend approval of REZ #01-15 Blackburn Commerce Center with a change to the proffer statement. The Revised Proffer Statement has been included with this agenda. This is an application to rezone a total of 92.066+/- acres of land from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers to accommodate industrial uses. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. Rezoning #01-15 Blackburn Commerce Center May 7, 2015 Page 2 With this rezoning, the applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property that have been identified as important to the overall transportation solution for this general area. The application has addressed the concerns identified by the various reviewing agencies and has worked with the Kernstown Battlefield Association to reach an agreement that addresses the historical context of this rezoning application. The application appears to have mitigated many of the impacts associated with the rezoning request. The Planning Commission evaluated the request and determined that the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer was appropriate. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #01-15 Blackburn Commerce Center May 7, 2015 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/06/15 Public Hearing Held; Action Recommended Approval Board of Supervisors: 05/13/15 Pending PROPOSAL: To rezone 128.56+/- acres as follows: 92.066+/- acres from RA (Rural Areas) District to M1 (Light Industrial) District with proffers, and 36.754+/- acres are to remain RA (Rural Areas) District. LOCATION: The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS : 63-A-80I PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Battlefield/Agricultural RP (Residential Performance) Residential South: M1 (Light Industrial) Use: Industrial East: M1 (Light Industrial) Use: Industrial/Vacant West: RA (Rural Areas) Use: Agricultural Rezoning #01-15 Blackburn Commerce Center May 7, 2015 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: District Planning has completed its review of the subject rezoning TIA. In conversation with the Frederick County Deputy Director of Planning, Transportation, we understand that County staff has negotiated a proffer arrangement with the applicant in lieu of the findings of a TIA, and that they are satisfied with the prescribed mitigation. We have been notified that there is specific time critical contractual arrangements at play which require a resolution of transportation impact mitigation immediately. It is for those reasons that, and in consultation with the County, that we are suspending our review and are differing to Frederick County staff. Fire and Rescue: Plan approved. Public Works Department: The Public Works Department does not have any comments regarding the proposed rezoning. We would expect that any future Master Development Plans and Site Plans to include copies of wetland delineations and geological surveys of kaist features. Frederick County Sanitation Authority: Please see attached letter dated March 18, 2015, from Uwe E. Weindel, PE. Frederick-Winchester Service Authority: No comments. Winchester Regional Airport: I have completed a review of the referenced rezoning proposal. Allowed uses under this rezoning should not impact airside operations of the Winchester Regional Airport therefore we have no comments or objections regarding this rezoning request. Frederick County Attorney: Please see attached letter dated March 20, 2015, from Roderick B. Williams, County Attorney. Planning & Zoning: 1)Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re-mapped from R-2 to A- initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. Rezoning #01-15 Blackburn Commerce Center May 7, 2015 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. In order for any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements or in any other manner consistent with the Code of Virginia. [2030 Comprehensive Plan, Implementing the Plan, V] Rezoning requests should be evaluated to determine their potential impacts on public facilities. Costs to the County should be estimated in terms of what impact the development, which could result from the proposed rezoning, would have on public facilities and infrastructure. [2030 Comprehensive Plan, Implementing the Plan, V] Rezoning requests should not be approved unless the net impacts on public facilities are positive, or unless the negative impacts can be adequately addressed through proffers or some other means. A request for rezoning may be turned down even though all fiscal impacts appear to be addressed. If there are other impacts which are not addressed by the rezoning application, or if the request does not conform to this plan, a similar method should be developed for determining the impacts of proposed developments on transportation systems and other public facilities. [2030 Comprehensive Plan, Implementing the Plan, V] Land Use. The 2030 Comprehensive Plan and the Southern Frederick Plan provide guidance on the future development of the property. The 2030 Comprehensive Plan identifies the general area surrounding and including this property with an industrial land use designation. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan. Site Access and Transportation. supported by an improved Major Collector Road (Shady Elm Road), an improved Minor Rezoning #01-15 Blackburn Commerce Center May 7, 2015 Page 6 Collector Road (Apple Valley Road), and an improved Arterial Road, Route 11 (Valley Pike). Access to the site via the existing entrance on to Apple Valley Road and existing Dawson Drive is desirable and has been proffered by the Applicant. Any additional entrances onto, and improvements to, Apple Valley Road should be avoided at this time. The Generalized Development Plan for the Blackburn Property identifies the location of two private roads accessing the property. Future consideration should be given to pedestrian or trail improvements along Apple Valley Road to complete this section of planned pedestrian accommodations adjacent to the identified minor collector road. This could be achieved internal to the property, adjacent to the area containing the numerous existing easements. Environment. Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [2030 Comprehensive Plan, Section VII, Natural Resources]. History. According to the Rural Landmarks Survey, there are no significant historic structures located on the property. It is noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify this property as core battlefield area for the First and Second Battles of Kernstown with retained integrity. oard (HRAB) proffer statement addresses these conditions. An agreement with the Kernstown Battlefield Association has been made regarding items that relate to the battlefield including building construction, landscaping and buffering, public viewing space and historical signage, and the exploration for, and preservation of, historical items. The agreement has been included with the comments for your information. 3) Site Suitability/Environment The site is not located within or near any 100 year floodplains. However, there are a substantial amount of wetlands identified on the site. The wetlands delineation has occurred and will be incorporated into the Master Development Plan for this project. This area is known for karst topography and special attention should be paid during development for potential sinkholes and related impacts. This should occur in coordination with the review of the County Engineer. The site does contain a small area of woodlands that will be disturbed with the development of the site. Rezoning #01-15 Blackburn Commerce Center May 7, 2015 Page 7 4) Potential Impacts This application recognizes the existing residential land uses that are zoned RP (Residential Performance) District that are located immediately adjacent to the Blackburn Property by providing buffering and landscape screening consistent with that of the landscape portion of a zoning district buffer, on the portion of the land that is to be rezoned, adjacent to the proposed zoning line. This green space buffer will be fifty feet wide and will remain undisturbed to continue its natural state and allow the maturing of the existing vegetation. The Zoning Boundary Exhibit prepared for this request identifies the proposed zoning line within the property separating the proposed M1 (Light Industrial) Zoning District from the existing RA (Rural Areas) Zoning District. Therefore, at no point does the proposed M1 zoning abut adjacent property that would require a zoning district buffer. For your information, the original rezoning in this area, RZ#04-98 immediately adjacent to the subject property to the north, included several proffers aimed at mitigating any impact on the adjacent residential land and historical properties. These included; a maximum height of 60 feet for all primary and ancillary structures, screening of all rooftop mechanical equipment, and screening of all loading docks from all adjacent Rural Areas (RA) and Residential Performance (RP) Zoning Districts. Further, landscape design features were proffered between all developed parts of the property and all RA and RP Zoning Districts. This included a berm that was a minimum of 6 feet higher than the adjacent Route 652 and landscape plantings consistent with those of the landscape screen. Said landscaping was defined. Recognizing this, the Blackburn Commerce Center application has addressed the height component by proffering the same standards to a point one thousand feet from Apple Valley Road. This distance is consistent with the depth of the above rezoning. Beyond that point, the The maximum height limit for primary structures in the M1 D would enable a greater height for certain structures. Of note, automated storage facilities in the M1 D The landscape portion of the above has been addressed in conjunction with the Kernstown Battlefield Association. Frederick County Transportation Comments: review of the application for the rezoning of the Blackburn property has made it clear that numerous transportation issues exist in the nearby vicinity. Key needs for improvement include the intersection of Apple Valley Road and Route 11, Widening of Route 11, and the completion of Renaissance Drive from Route 11 to Shady Elm Road. In order to try and address their share of this traffic situation, the applicant has offered a cash proffer that is based upon the BPG rezoning proffer that was previously accepted. Staff believes this is a good strategy in this situation as it acknowledges the most key needs are on property the applicant does not control right of way for and allows the County to potentially leverage the cash proffer against state revenue sharing dollars to accomplish more. Rezoning #01-15 Blackburn Commerce Center May 7, 2015 Page 8 It should be noted that the cash proffer should be in addition to bicycle and pedestrian improvements on site and along the site frontage as well as any entrance requirements that might be made by the Virginia Department of Transportation. 5) Proffer Statement A)Allowed Uses: All of the uses permitted in the M1 (Light Industrial) District would be allowed. No additional use restrictions have been proffered by the Applicant. A Generalized Development Plan (GDP) has been used to illustrate the location of the proposed landscape/green space/buffer area design features, the preservation of the pond area, and the location of the two entrances to the property. B)Access Management and Transportation: Dawson Drive and the existing entrance onto Apple Valley Road are proffered as the two entrances for the property. Interparcel connections are also proffered to enable future access to the balance of the Rural Area (RA) portion of the property. The Applicant has proffered to participate in the cost of transportation improvements in the nearby area. The method for doing so is based upon a similar model used with the BPG rezoning Application. The Applicant will contribute to Frederick County a maximum of Six Hundred and Twenty Five Thousand and 00/100 Dollars ($625,000.00). Such Payments shall be made prior to the issuance of a Certificate of Occupancy for all building structures developed on the property, with each payment being in proportion to the square footage of the proposed construction on the property. This is consistent with the TIA developed for the project. The funds would be available to the County in its discretion and may be used by the County as a local match for Revenue Sharing Program projects. As an example, the application describes an anticipated project that will be submitted upon rezoning that may generate $153,000.00 for use in addressing transportation in the nearby area. It should be noted that the proffered maximum contribution of $625,000.00 would not be immediately available for use by the County. In addition, the improvements would not be completed by the Applicant. It is most likely that improvement projects would be completed by others as part of a Revenue Sharing Project. C)Site Development: The Applicant will develop the property with several building restrictions and landscape design features aimed at mitigating the impact of the project on the adjacent residential and historical properties proffered. These include a maximum height limitation of sixty (60) feet for all structures for a distance of one thousand feet from Apple Valley Road, Rezoning #01-15 Blackburn Commerce Center May 7, 2015 Page 9 the screening of all loading docks from adjacent properties, and the provision of green space buffer areas between Apple Valley Road and the development including the existing pond and a green space buffer fifty (50) feet wide in the area along the zoning boundary. D)Mitigating the Impact of Development: The Applicant has proffered a cash contribution in the amount of $10,000 to be directed to Frederick County Fire and Rescue. The purpose of this dedication would be to assist in the capital facility needs of fire and rescue associated with the development of this property. STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 92.066+/- acres of land from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers to accommodate industrial uses. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. With this rezoning, the applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property that have been identified as important to the overall transportation solution for this general area. The application has addressed the concerns identified by the various reviewing agencies and has worked with the Kernstown Battlefield Association to reach an agreement that addresses the historical context of this rezoning application. The application appears to have mitigated many of the impacts associated with the rezoning request. The Planning Commission should determine if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer appropriate. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 05/06/15 MEETING: Staff presented an overview of the proposed application to rezone 92.066+/- acres of land from RA (Rural Areas) District to M1 (Light Industrial) District with proffers to accommodate industrial uses. Staff noted with this rezoning, the applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property that have been identified as important to the overall transportation solution in this general area. The applicant has also proffered a cash contribution to be directed to the Frederick County Fire and Rescue, site development with restrictions and provisions. The Applicant is also working with the Kernstown Battlefield Association for preservation of historical items. Staff reiterated the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. Staff addressed the Transportation impacts associated with this application. At this time there were no questions from the Planning Commission. Rezoning #01-15 Blackburn Commerce Center May 7, 2015 Page 10 Representation for the Applicant noted they have been working closely with Staff to address many of the concerns. The applicant is intending to follow the business friendly approach and their goal is to move forward with this quickly from a scheduling stand point. He noted the neighbors are also being considered and they want to reduce the impact this project will have on them. Also noted was the reiterated and agreement has been reached with the Kernstown Battlefield Association. Commission members shared their concerns regarding the traffic impacts this will have in the area and the need to change the proffer from Certificate of Occupancy to Building Permit Issuance. The Public Hearing portion of the meeting was opened and several citizens voiced their concerns regarding the traffic impacts, lighting issues, residential appeal of area, and the overall heritage that exists in that area of the County. There were no further comments and the Public Hearing portion was closed. A motion was made, seconded and unanimously passed to recommend approval of REZ #01-15 Blackburn Commerce Center with a change to the proffer statement. Abstain: Oates, Marston Absent: Triplett, Molden Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 3161 REZ # 01 - 15 3175 MIDDLE RD MIDDLE RD ST 3210 628 Blackburn MIDDLE RD 3155 SEWELL & MIDDLE RD 2193 ROYSTON JONES RD PINs: Winchester Subdivision 2877 3217 MIDDLE RD 63 - A - 80I MIDDLE RD 640 Rezoning from RA to M1 203APPLE ST 207VALLEY RD JORDAN DR 652 628 3322 JORDAN DR 632 APPLE MIDDLE RD 208 APPLE VALLEY RD JORDAN DR 3075 VALLEY RD 3346 MIDDLE RD MIDDLE RD 115 170 201610 LAUNCHRIS DR JORDAN DR JORDAN DRAPPLE 136 3362 VALLEY RD 122 JORDAN DR MIDDLE RD 602 STUART DR 116 112APPLE 572 JORDAN DR STUART DR VALLEY RD STUART DR APPLE VALLEY RD 104 554 STUART DR APPLE 111 127 VALLEY RD STUART DR 520 STUART DR 101 151 APPLE 536 STUART DR STUART DR VALLEY RD APPLE STUART DR 152160 ST VALLEY RD 217 STUART DRSTUART DR 628 472 OPEQUON STUART DR 2641 APPLE CHURCH LN 2631 JONES RD VALLEY RD JONES RD 452 3523 APPLE CRESTWOOD LN 128 MIDDLE RD VALLEY RD 3536 LADDERBACK CT REZ 01-15 MIDDLE RD CRESTWOOD LN 0 1 2610 JONES RD 37 3640 108 MIDDLE RD LADDERBACK CT 208 63 A 80I ST LADDERBACK CT 104 3475 331 628 BUTTERSCOTCH CT 300 MIDDLE RD APPLE BUTTERSCOTCH CT 115 100 VALLEY RD 318 MARSHALL LN NUTMEG LN APPLE VALLEY RD 101 CALICO CT CRANBERRY CT 102 321 165 130 CANDLEWICK DR APPLEAPPLE MARSHALL LN MARSHALL LN VALLEY RDVALLEY RD MARSHALL ACRES COCA COLA Subdivision BUSINESS PARK Subdivision 171 170 OLD SHADY MIDDLE RD ELM RD 260 SHADY ELM RD 125 150 171 APPLE DAWSON DR 217 OLD VALLEY RD POWDER MIDDLE RD 100 HORN LN DAWSON DR131 DAWSON FROGALE CT IND PARK Subdivision 131 DAWSON DR 398 SHADY 275 ELM RD SOLDIERS REST LN 0 1 11 0 1 130 37 FROGALE CT 480130 444 SHADYFROGALE CT 243 206 SHADY ELM RD SOLDIERS FROGALE CT ELM RD REST LN 231 SOLDIERS 243 REST LN 104 121 112 SOLDIERS FAY ST Note: REZ # 01 - 15 Frederick County Dept of Planning & Development Blackburn I 107 N Kent St PINs: Suite 202 63 - A - 80I Winchester, VA 22601 Applications Rezoning from RA to M1 540 - 665 - 5651 Parcels Map Created: April 8, 2015 Sewer and Water Service Area Staff: mruddy Building Footprints 04959901,980Feet 3161 REZ # 01 - 15 3175 MIDDLE RD MIDDLE RD ST 3210 628 Blackburn MIDDLE RD 3155 SEWELL & MIDDLE RD 2193 ROYSTON JONES RD PINs: Winchester Subdivision 2877 3217 MIDDLE RD 63 - A - 80I MIDDLE RD 640 Rezoning from RA to M1 203APPLE ST 207VALLEY RD JORDAN DR 652 628 3322 JORDAN DR 632 APPLE MIDDLE RD 208 APPLE VALLEY RD JORDAN DR 3075 VALLEY RD 3346 MIDDLE RD MIDDLE RD 115 170 201610 LAUNCHRIS DR JORDAN DR JORDAN DRAPPLE 136 3362 VALLEY RD 122 JORDAN DR MIDDLE RD 602 STUART DR 116 112APPLE 572 JORDAN DR STUART DR VALLEY RD STUART DR APPLE VALLEY RD 104 554 STUART DR APPLE 111 127 VALLEY RD STUART DR 520 STUART DR 101 151 APPLE 536 STUART DR STUART DR VALLEY RD APPLE STUART DR 152160 ST VALLEY RD 217 STUART DRSTUART DR 628 472 OPEQUON STUART DR 2641 APPLE CHURCH LN 2631 JONES RD VALLEY RD JONES RD 452 3523 APPLE CRESTWOOD LN 128 MIDDLE RD VALLEY RD 3536 LADDERBACK CT REZ 01-15 MIDDLE RD CRESTWOOD LN 0 1 2610 JONES RD 37 3640 108 MIDDLE RD LADDERBACK CT 208 63 A 80I ST LADDERBACK CT 104 3475 331 628 BUTTERSCOTCH CT 300 MIDDLE RD APPLE BUTTERSCOTCH CT 115 100 VALLEY RD 318 MARSHALL LN NUTMEG LN APPLE VALLEY RD 101 CALICO CT CRANBERRY CT 102 321 165 130 CANDLEWICK DR APPLEAPPLE MARSHALL LN MARSHALL LN VALLEY RDVALLEY RD MARSHALL ACRES COCA COLA Subdivision BUSINESS PARK Subdivision 171 170 OLD SHADY MIDDLE RD ELM RD 260 SHADY ELM RD 125 150 171 APPLE DAWSON DR 217 OLD VALLEY RD POWDER MIDDLE RD 100 HORN LN DAWSON DR131 DAWSON FROGALE CT IND PARK Subdivision 131 DAWSON DR Applications 398 SHADY Parcels 275 ELM RD SOLDIERS Sewer and Water Service Area REST LN 0 1 Building Footprints 11 0 1 130 37 B1 (Business, Neighborhood District) FROGALE CT 480130 444 SHADYFROGALE CT B2 (Business, General Distrist) 243 206 SHADY ELM RD SOLDIERS B3 (Business, Industrial Transition District) FROGALE CT ELM RD REST LN 231 EM (Extractive Manufacturing District) SOLDIERS 243 HE (Higher Education District) REST LN 104 121 112 SOLDIERS FAY ST M1 (Industrial, Light District) Note: M2 (Industrial, General District) REZ # 01 - 15 Frederick County Dept of MH1 (Mobile Home Community District) Planning & Development Blackburn I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 63 - A - 80I Winchester, VA 22601 R4 (Residential Planned Community District) Rezoning from RA to M1 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: April 8, 2015 RA (Rural Area District) Staff: mruddy RP (Residential Performance District) 04959901,980Feet