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050-17 (RezoningSnowdenBridgeStationProfferAmendment) REZONING APPLICATION #12-16 SNOWDEN BRIDGE STATION Staff Report for the Board of Supervisors Prepared: December 30, 2016 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/07/16 Public Meeting Held; Recommended Approval Board of Supervisors: 01/11/17 Pending PROPOSAL: To revise the proffer from Rezoning #03-05 for North Stephenson, Inc.submitted by GreyWolfe, Inc. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of-way for the construction of a public roadway for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 01/11/17 BOARD OF SUPERVISORS MEETING: This is an application to amend the proffers from Rezoning #03-05 for 59.223 acres of land. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of- way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right-of-way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subject properties are currently zoned M1 (Light Industrial) District and therefore consistent with the goals of the Comprehensive Plan. The proffer statement has been modified to eliminate previously completed proffers, reduce the maximum allowable square footage based on land subsequently rezoned (#04-16) and the Applicant has increased the monetary contribution from $0.01 per structural square foot to $0.10 per building The Planning Commission did not identify any concerns with the square foot for Fire and Rescue. request and recommended approval of the application at their December 7, 2016 meeting. Following the required public meeting, 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 #12-16 Snowden Bridge Station December 30, 2016 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 12/07/16 Public Meeting Held; Recommended Approval Board of Supervisors: 01/11/17 Pending PROPOSAL: To revise the proffer from Rezoning #03-05 for North Stephenson, Inc.submitted by GreyWolfe, Inc. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of-way for the construction of a public roadway for the realignment of Redbud Road. This proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. LOCATION: The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43C-3-5, 43C-3-7A, 43-A151 and 43-A-152 PROPERTY ZONING : M1 (Light Industrial) District PRESENT USE: Industrial and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Commercial RP (Residential Performance) District Residential South: M1 (Light Industrial) District Use: Industrial/Vacant RA (Rural Areas) District Battlefield/Preservation East: M1 (Light Industrial) District Use: Vacant/Snowden Bridge Boulevard B3 (Industrial Transition) District Commercial/Industrial West: RA (Rural Areas) District Use: Residential/Interstate 81 Rezoning #12-16 Snowden Bridge Station December 30, 2016 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted for the Snowden Bridge Station (Omps) Rezoning #03-05 Request, with a date of June 23, 2015. Based off of the review of the submittal, we have the following comment: 2005 rezoning request needs to be incorporated into the 2016 rezoning request. Frederick County Attorney: I have now reviewed the corrected proffer statement and it is my opinion that it would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: Proffer 1f and 1g- It would be appropriate to state some time frame for performance of these proffers, such as within x days of request by the County. Proffer 2 Staff will want to note that the proposed square footage limitation remains the same for the land area subject to this rezoning (59.223 acres) as it was for the larger land area that was subject to the 2005 rezoning (79.13 acres), within which area the current land area is encompassed. Proffer 3 Planning & Zoning: 1)Site History: The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies the majority of the subject property as being zoned A-2 (Agriculture General). agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding zoning map resulted in the re-mapping of this portion of the subject property and all other A-1 and A-2 rezoned land to the RA District. The remainder of the property was identified as being zoned R-3. The R-3 (Residential General) District zoning classification was modified to RP (Residential Performance) District on February 14, 1990, during the rezoned to the M1 (Light Industrial) Zoning District with rezoning #03-05 for North Stephenson which was approved by the Board of Supervisors on April 27, 2005. 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 Rezoning #12-16 Snowden Bridge Station December 30, 2016 Page 4 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. Land Use The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subject properties are currently zoned M1 and therefore consistent with the goals of the Comprehensive Plan. Transportation and Site Access This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of-way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right-of-way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. 3)Proffer Statement, Dated June 23, 2016, revised August 19, 2016: 1.Transportation Proffers a-e have been completed. f. Remains unchanged g. Amendment to remove the public road dedication and provide for a private access easement (Ezra Lane). h Remains unchanged 2. Structural Development - Proffer 2 has been amended from the 2005 rezoning to decrease the maximum allowance from 800,000sf to 600,000sf of total floor area. This proffer takes into account area that has been removed from the 2005 rezoning that is now part of rezoning #04-16. 3.Environmental Protection - Remains unchanged 4.Viewshed Mitigations - Remains unchanged 5. Fire and Rescue Monetary Contributions - Proffer 5 has been modified to increase the monetary contribution from $0.01 per structural square foot to $0.10 per building Rezoning #12-16 Snowden Bridge Station December 30, 2016 Page 5 square foot for Fire and Rescue. 6.Martinsburg Pike Corridor Enhancement - Remains unchanged PLANNING COMMSSION SUMMARY AND ACTION FROM THE 12/07/16 MEETING: Staff reported this is a request to revise the proffers from Rezoning #03-05 for North Stephenson, Inc. for four parcels of land that total 59.223 acres. The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. Staff stated that this minor proffer amendment seeks to amend a transportation proffer that previously dedicated right-of-way for the construction of a public roadway for the realignment of Redbud Road. Staff concluded the proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. A Commission Member inquired why make this a private road. Staff noted the public road is no longer needed. A motion was made, seconded, and unanimously passed to recommend approval of Rezoning #12-16 for Snowden Bridge Station as presented. Absent: Marston EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 01/11/17 BOARD OF SUPERVISORS MEETING: This is an application to amend the proffers from Rezoning #03-05 for 59.223 acres of land. This minor proffer amendment seeks to amend a transportation proffer that previously dedicated public right-of- way for the construction of the realignment of Redbud Road. Since the 2005 rezoning was approved, the realignment location for Redbud Road has been relocated to the Graystone property and therefore a public right-of-way dedication is not necessary. The Applicant is requesting to revise the proffer to make this dedication a private access easement for five properties should they no longer have access to Redbud Road once it is relocated (Ezra Lane). This amendment would bring the proffers for this site into alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2030 Comprehensive Plan. The 2030 Comprehensive Plan identifies these properties with an industrial land use designation. The subject properties are currently zoned M1 (Light Industrial) District and therefore consistent with the goals of the Comprehensive Plan. The proffer statement has been modified to eliminate previously completed proffers, reduce the maximum allowable square footage based on land subsequently rezoned (#04-16) and the Applicant has increased the monetary contribution from $0.01 per structural square foot to $0.10 per building The Planning Commission did not identify any concerns with the square foot for Fire and Rescue. request and recommended approval of the application at their December 7, 2016 meeting. Rezoning #12-16 Snowden Bridge Station December 30, 2016 Page 6 Following the required public meeting, 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. MARTINSBURGMARTINSBURG 366 PIKE PIKE REZ # 12 - 16 WELLTOWN RD 191 MARKET ST 1876 Snowden Bridge Station MARTINSBURG 1912 111 PIKE MARTINSBURG 1864 MERCHANT ST PINs: PIKE MARTINSBURG 121 141 151 PIKE MERCEDES CT NULTON LN MARKET ST 43 - A - 151, 43 - A - 152 1854 111 MARTINSBURG MERCHANT ST 43C - 3 - 5, 43C - 3 - 7A 1840 163 PIKE 149 112 MARTINSBURG NULTON LN NULTON LN Proffer Amendment MARKET STPIKE 01 127 11 185 MERCEDES CT NULTON LN 1818 MARTINSBURG201 PIKE NULTON LN 1784 MARTINSBURG PIKE REZ #12-16 43C REZ #12-16 3 5 43C 3 7A 361 MILBURN RD REZ #12-16 43 A 151 §§ ¨¦¨¦ 8181 165 REZ #12-16 361 AMOCO LN MILBURN RD 43 A 152 AMOCO LN 178 AMOCO LN 198 AMOCO LN 188 208 AMOCO LN AMOCO LN 270 REDBUD RD 345 288 REDBUD RD 280 REDBUD RD 541 REDBUD RD REDBUD RD 172 PACTIV §¦¨ WAY 81 01 11 521 REDBUD RD § ¨¦ 410 81 REDBUD RD 541 REDBUD RD PACTIV WAY 300 506 PARK 460 REDBUD RD 291 CENTER DR REDBUD RD 476 PARKSIDE DR REDBUD RD REZ # 12 - 16 Note: Frederick County Dept of Snowden Bridge Station Planning & Development I 107 N Kent St PINs: Suite 202 43 - A - 151, 43 - A - 152, Winchester, VA 22601 43C - 3 - 5, 43C - 3 - 7A Applications 540 - 665 - 5651 Proffer Amendment Parcels Map Created: November 2, 2016 Sewer and Water Service Area Staff: cperkins Building Footprints 02755501,100Feet MARKET STMARTINSBURG MERCHANT ST149 1912 REZ # 12 - 16 ST PIKE 111 NULTON LN MARTINSBURG 121 661 MERCHANT ST 151 PIKE 163 141 MERCEDES CT1840 MARKET ST NULTON LN 112 NULTON LN MARTINSBURG Snowden Bridge Station MARKET ST PIKE 185 WELLTOWN RD NULTON LN PINs: 127 1818 201 43 - A - 151, 43 - A - 152 MERCEDES CT MARTINSBURG 1784 NULTON LN PIKE MARTINSBURG 43C - 3 - 5, 43C - 3 - 7A 01 PIKE 11 43C Proffer Amendment 3 5 REZ #12-16 43C 3 7A REZ #12-16 1601 MARTINSBURG PIKE 361 1593 MILBURN RD MARTINSBURG PIKE 1571 REZ #12-16 MARTINSBURG PIKE 43 A 151 1574 MARTINSBURG PIKE 361 165 MILBURN RD AMOCO LN MARTINSBURG REZ #12-16 140 AMOCO LN 148 43 A 152 AMOCO LN 168 §§ ¨¦¨¦ AMOCO LN 178 8181 AMOCO LN 198 141 AMOCO LN PRECISION DR Applications 188 AMOCO LN Parcels 208 Sewer and Water Service Area AMOCO LN Building Footprints 270 Long Range Land Use REDBUD RD 280 Residential REDBUD RD 345 Neighborhood Village 288 REDBUD RD 172 REDBUD RD Urban Center PACTIV WAY Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office 174 PACTIV Industrial WAY 521 Warehouse REDBUD RD Heavy Industrial 300 Extractive Mining 476 460 PARK 506 Commercial Rec REDBUD RD REDBUD RD CENTER DR §¦¨ REDBUD RD 81 410 Rural Community Center REDBUD RD Fire & Rescue 01 11 Historic Institutional 291 § ¨¦ PARKSIDE DR Planned Unit Development 81 Park Recreation School 412 Employment REDBUD RD 412 Airport Support Area REDBUD RD B2 / B3 REZ # 12 - 16 Note: Residential, 4 u/a Frederick County Dept of High-Density Residential, 6 u/a Snowden Bridge Station Planning & Development I High-Density Residential, 12-16 u/a 107 N Kent St PINs: Suite 202 Rural Area 43 - A - 151, 43 - A - 152, Winchester, VA 22601 43C - 3 - 5, 43C - 3 - 7A Interstate Buffer 540 - 665 - 5651 Proffer Amendment Landfill Support Area Map Created: November 2, 2016 Natural Resources & Recreation Staff: cperkins Environmental & Recreational Resources 02955901,180Feet