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044-17 (RezoningCarbaughBusinessCenter)REZONING APPLICATION #04-17 CARBAUGH BUSINESS CENTER Staff Report for the Board of Supervisors Prepared: November 28, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director John Bishop, AICP, Assistant DirectorTransportation Reviewed Action Planning Commission: 11/01/17 Public Hearing Held; Recommended Approval Board of Supervisors: 12/13/17 Pending PROPOSAL: To rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The site has an address of 831 Shady Elm Road (Route 651) and is located on the southeastern side of Shady Elm Road, approximately 1.11 miles southwest of the intersection of Shady Elm Road and Apple Valley Road (Route 652). The southeastern portion of the site is bounded by the CSX Railroad. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/13/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The subject properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies these properties with an industrial land use designation which is generally consistent with the requested M1 zoning. With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the site that have been identified as important to the overall transportation solution for this general area. The Applicant has proffered to participate in the cost of transportation improvements to Renaissance Drive (up to a maximum of $1,080,000.00), right-of-way dedications for Renaissance Drive and Shady Elm Road, limits on the number of access points for the site, and proffers for inter-parcel connections for all new parcels. The Applicant has also provided proffers for the screening of loading docks, landscaping, signage, documentation of the Carbaugh House The Planning Commission recommended and monetary proffers for fire and rescue purposes. approval of the rezoning application at their November 1, 2017 meeting. 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 #03-17 Carbaugh Business Center November 28, 2017 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: 11/01/17 Public Hearing Held; Recommended Approval Board of Supervisors: 12/13/17 Pending PROPOSAL: To rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The site has an address of 831 Shady Elm Road (Route 651) and are located on the southeastern side of Shady Elm Road, approximately 1.11 miles southwest of the intersection of Shady Elm Road and Apple Valley Road (Route 652). The southeastern portion of the site is bounded by the CSX Railroad. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 74-A-68 and 74-A-69 PROPERTY ZONING : RA(Rural Areas) District PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) District Use: Vacant RA (Rural Areas) District Residential, Agriculture South: RA (Rural Areas) District Use: Residential, Agriculture East: B3 (Industrial Transition) District Use: Commercial RA (Rural Areas) District Railroad West: RA (Rural Areas) District Use: Residential, Agriculture Rezoning #03-17 Carbaugh Business Center November 28, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation (VDOT): Please see the attached email from Matthew Smith, P.E., dated September 7, 2017. Frederick County Fire Marshall: Approved Frederick Water: Please see the attached letter from Eric R. Lawrence, Executive Director dated August 18, 2017. Frederick County Department of Public Works: A comprehensive review shall occur at time of site plan submission. We offer no additional comments at this time. Virginia Department of Health: This Health Department has reviewed the request for comments for the Rezoning of property located at 831 Shady Elm Road, in the Back Creek Magisterial District, Tax Map #74-A-68 & 74-A-69 from RA to M1. Based upon information provided by the Applicant, this Health Department has no objection to the rezoning of the subject property. However, it is the recommendation of this Health Department that any know or discovered sewage disposal systems or private water wells on the property be properly abandoned, per Health Department Regulations or best practice policies. In the event that it is determined that there are sewage disposal systems or private water wells on the property, please notify this Health Department immediately for proper abandonment procedures. Frederick County Planning Department: Please see the attached letter from Candice E. Perkins, Assistant Director dated August 7, 2017. Frederick County Transportation Comments: Please see the attached letter from John A. Bishop, Assistant Director-Transportation dated August 7, 2017. Historic Resources Advisory Board: The Historic Resources Advisory Board (HRAB) recommended approval of the Rezoning with the condition that the Applicant perform an intensive level survey on the historic structure located on-site (Henry Carbaugh House - #34-1040) prior to its demolition. Planning & Zoning: 1)Site History The original Frederick County Zoning Map (U.S.G.S. Quadrangle) depicts the Winchester subject properties as being zoned A-2 (Agricultural General) District. zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. Rezoning #03-17 Carbaugh Business Center November 28, 2017 Page 4 2)Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 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 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subject properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. The Kernstown Area Plan identifies these properties with an industrial land use designation as outlined in the Shady Elm Economic Development Area, which is generally consistent with the requested M1 zoning designation. The Shady Elm Economic Development Area is designed to be a significant area of industrial and commercial opportunity that is fully supportive of the County Economic Development ted goals and strategies. The intent of the industrial designation is to further future regional employment centers. Transportation and Site Access The Eastern Road Plan of the 2035 Comprehensive Plan and the Kernstown Area Plan both call for the extension of a new major collector roadway though parcel 74-A-68, which is adjacent to the Artillery Business Center Development which was rezoned in 2007 and revised in 2015. This new major collector roadway, Renaissance Drive, has been constructed from Valley Pike (Route 11) to the limits of the CXS Railroad. The Comprehensive Plan calls for this roadway to be extended to Shady Elm Road. The plan also calls for Shady Elm Road to be improved four lane divided collector roadway. Site access to the subject property will be provided via two entrances on Renaissance Drive. 3)Site Suitability/Environment: The site is not located within or near any 100-year floodplains. The site has some wetlands in the form of two small farm ponds and a spring. The spring feeds one of the ponds and drains via a culvert under the CSX railroad; the Applicant intends on preserving the spring and lower pond while removing the upper pond. There are no areas of mature woodlands. The site does contain 46 acres of prime agricultural farmland and 59 acres of farmland of statewide importance. Rezoning #03-17 Carbaugh Business Center November 28, 2017 Page 5 4)Potential Impacts: Existing Residential Uses: This application recognizes the existing residential land uses that are zoned RA (Rural Areas) District that are located adjacent to and across Shady Elm Road from the Carbaugh Property by providing buffering and landscape screening (full screen) consistent with the Zoning Ordinance to screen the development and loading docks from Shady Elm Road. This buffer consists of Historic Resources: The Study of Civil War Sites in the Shenandoah Valley published by National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield on the stnd site. The battle maps for the 1 and 2 Battles of Kernstown show that troops might have marched across the subject property on their way to the battles, no fighting is recorded on the property. The Historic Resources Advisory Board recommended that the Applicant conduct an intensive level survey on the historic structure located on-site (Henry Carbaugh House - #34- 1040) prior to its demolition; the Applicant included this in their proffer statement. Frederick County Transportation Comments: The A 46.9 acres of warehousing uses. This results in average weekday vehicle trips totaling 4,820 which the Applicant proposes to address via transportation proffers of right-of-way and funding toward the Renaissance Drive project. The proffered funding amount allows the County to fully match revenue sharing funds that have been awarded to the project. 5)Proffer Statement Dated October 6, 2017, Revised October 19, 2017 Site Improvements: 1.The owner agrees to participate in the cost of transportation improvements in the nearby area, up to a maximum of $1,080,000.00. Such payment shall be made either within 30 calendar days after the start of the Renaissance Drive extension or prior to the issuance of the certificate of occupancy for all buildings developed on the Property, whichever comes first. 2.The owner agrees to dedicate 6-of- shall be used for construction of a pedestrian trail. 3.-of-way along its northeast boundary for the extension of Renaissance Drive from Valley Pike to Shady Elm Road. 4. construction and maintenance of a bridge over the CSX rail line that will be part of the extension of the Renaissance Drive. 5.The owner agrees to limit the number of commercial entrances for the property to a maximum of two along Renaissance Drive. a.In the event that the property is developed prior to the completion of Renaissance Drive, the owner may build a portion of the road from Shady Elm Road to the first entrance to the site to enable use of the site. Rezoning #03-17 Carbaugh Business Center November 28, 2017 Page 6 b.In the event that Frederick County requests that the owner not build a portion of the extension, the owner may build a temporary entrance onto Shady Elm Road for commercial use. The temporary entrance will be permanently closed immediately after Renaissance Drive is available for use by the applicant. 6.The owner proffers to provide for inter-parcel connections for all new lots to provide access to the access points on Renaissance Drive. Building Restrictions: The development of the subject Property shall include the following building restrictions: 1.All loading docks shall be screened from view from all adjacent properties in the RA (Rural Areas) Zoning District that are located west of Shady Elm Road. The owner will 2.Individual business signs will be prohibited along Shady Elm Road. 3.The owner will perform an intensive level survey on the Henry Carbaugh House prior to its demolition. Landscape Design Features 1.The Drive road extension. Monetary Contributions to Offset Impact of Development: The owner proffers to pay $30,000.00 prior to the issuance of the Certificate of Occupancy for the first structure constructed on the property for fire and rescue purposes. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/1/17 MEETING: Staff reported this is an application to rezone two (2) parcels of land that total 107.21 +/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. Staff further stated that the properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. Ms. PerkinsShe noted the plan identifies these properties with an industrial land use designation as outlined in the Shady Elm Economic Development Area and the Comprehensive Plan calls for the extension of a new major collector roadway, Renaissance Drive. A Commission Member inquired about the monetary transportation proffer and what it would provide and about improvements to Shady Elm Road. Staff stated that the monetary proffer would be for the construction of Renaissance Drive and noted that the application proffers right-of-way for future widening of Shady Elm Road. Mr. Tim Stowe of Stowe Engineering, P.L.C. representing the Applicant came forward. Mr. Stowe reported there are benefits of this project that he feels should be highlighted and are: the project builds on the work the Planning Commission has done over the past two years when the Comprehensive Plan and the Kernstown Area Plan were updated, the transportation improvements will be critical to that local area, t-of-way on Shady Elm Rezoning #03-17 Carbaugh Business Center November 28, 2017 Page 7 Road to satisfy requirements of the Comprehensive Plan and a multi-use trail along Shady Elm Road and proffered inter-parcel connectors. The Applicant also stated they have taken steps to protect neighbors with buffers and screening and that there will be no signs placed on Shady Elm Road. During the public hearing three citizens came forward to speak. Concerns were expressed about traffic safety, the potential for large trucks along Shady Elm Road, and Springdale Road and the proffered monetary contribution to Fire and Rescue. Mr. Stowe addressed the concerns pertaining to truck traffic; he empathizes with the citizens that came forward regarding Springdale Road Springdale Road may eventually be closed with the bridge crossing at Renaissance Drive taking shape. Regarding the Fire and Rescue proffer, Mr. Stowe reported over a million dollars is being invested in Renaissance Drive to make emergency access to this area much easier and faster for emergency vehicles to be able to get to the residences, businesses, and the surrounding area. Mr. Stowe concluded, they feel that is a significant contribution to help with the needs of Fire and Rescue. A motion was made, seconded, and unanimously recommended approval of REZ #04-17 for Carbaugh Business Center. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/13/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The subject properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies these properties with an industrial land use designation which is generally consistent with the requested M1 zoning. With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the site that have been identified as important to the overall transportation solution for this general area. The Applicant has proffered to participate in the cost of transportation improvements to Renaissance Drive (up to a maximum of $1,080,000.00), right-of-way dedications for Renaissance Drive and Shady Elm Road, limits on the number of access points for the site, and proffers for inter-parcel connections for all new parcels. The Applicant has also provided proffers for the screening of loading docks, landscaping, signage, documentation of the Carbaugh House The Planning Commission recommended and monetary proffers for fire and rescue purposes. approval of the rezoning application at their November 1, 2017 meeting. 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. 229161121 225 DEVELOPMENT LN INDUSTRIAL DR REZ # 04 - 17 SOLDIERS SOLDIERS 110 REST LN REST LN INDUSTRIAL DR Carbaugh Business Center PINs: 74 - A - 68, 74 - A - 69 160 INDUSTRIAL DR Rezoning from RA to M1 690 561 SHADY SHADY Zoning Map ELM RD ELM RD 100 DEVELOPMENT LN 190 HOCKMAN CT 188 HOCKMAN CT 166 553 HOCKMAN CT SHADY 750 130 3862 ELM RD SHADY HOCKMAN CT VALLEY ELM RD PIKE 180 114 PROSPERITY DR 171 HOCKMAN CT 210 HOCKMAN CT ST PROSPERITY DR 170 191 651 834 PROSPERITY DR HOCKMAN CT 220 SHADY PROSPERITY DR 113 ELM RD 147 161 HOCKMAN CT HOCKMAN CT PROSPERITY DR 201 180 240 REZ #04-17 PROSPERITY DR SKYJES LN 133PROSPERITY DR 125 HOCKMAN CT 4046 74 A 68 PROSPERITY DR 164 VALLEY 251 138 SKYJES LNPIKE 4006 PROSPERITY DR SKYJES LN VALLEY PIKE 183 SKYJES LN 4046 161 VALLEY SKYJES LN PIKE 121 SKYJES LN 141 SKYJES LN 4050 VALLEY PIKE 957 4095 4118 REZ #04-17 SHADY VALLEY 970 VALLEY ELM RD PIKE SHADYPIKE 74 A 69 ELM RD 983 4110 SHADY VALLEY ELM RD1006 PIKE 126 4168 01 4184 SHADY ST MARATHON DR VALLEY VALLEY ELM RD 651 4141 11 PIKE 224 PIKE 316 VALLEY 1043 SPRINGDALE RD SPRINGDALE RD PIKE 111 SHADY MUSKET DR ELM RD 131 4200 222 MUSKET DR 364 634 VALLEY SPRINGDALE RD 400 SPRINGDALE RD SPRINGDALE RD PIKE ST SPRINGDALE RD 649 385 140 01 136 SPRINGDALE RD 37 SPRINGDALE RD MUSKET DR 421 142 01 117 Applications 385 37 SPRINGDALE RD MUSKET DR SPRINGDALE RD SPRINGDALE RD 4227 Sewer and Water Service Area VALLEY Parcels 507 PIKE SPRINGDALE RD Building Footprints 579 124 371 4273 SPRINGDALE RD SPRINGDALE RD B1 (Neighborhood Business District) SPRINGDALE DR VALLEY 4324 B2 (General Business District) PIKE 4330 VALLEY § ¨¦ B3 (Industrial Transition District) VALLEY PIKE 81 PIKE EM (Extractive Manufacturing District) 01 § ¨¦ 11 HE (Higher Education District) 115 81 M1 (Light Industrial District) Note: REZ # 04 - 17 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) Carbaugh Business Center Planning & Development I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 74 - A - 68, 74 - A - 69 Winchester, VA 22601 Rezoning from RA to M1 R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: October 10, 2017 RA (Rural Areas District) Staff: cperkins RP (Residential Performance District) 04208401,680Feet 229161121 225 DEVELOPMENT LN INDUSTRIAL DR REZ # 04 - 17 SOLDIERS SOLDIERS 110 REST LN REST LN INDUSTRIAL DR Carbaugh Business Center PINs: 74 - A - 68, 74 - A - 69 160 INDUSTRIAL DR Rezoning from RA to M1 690 561 SHADY SHADY Location Map ELM RD ELM RD 100 DEVELOPMENT LN 190 HOCKMAN CT 188 HOCKMAN CT 166 553 HOCKMAN CT SHADY 750 130 3862 ELM RD SHADY HOCKMAN CT VALLEY ELM RD PIKE 180 114 PROSPERITY DR 171 HOCKMAN CT 210 HOCKMAN CT ST PROSPERITY DR 170 191 651 834 PROSPERITY DR HOCKMAN CT 220 SHADY PROSPERITY DR 113 ELM RD 147 161 HOCKMAN CT HOCKMAN CT PROSPERITY DR 201 180 240 REZ #04-17 PROSPERITY DR SKYJES LN 133PROSPERITY DR 125 HOCKMAN CT 4046 74 A 68 PROSPERITY DR 164 VALLEY 251 138 SKYJES LNPIKE 4006 PROSPERITY DR SKYJES LN VALLEY PIKE 183 SKYJES LN 4046 161 VALLEY SKYJES LN PIKE 121 SKYJES LN 141 SKYJES LN 4050 VALLEY PIKE 957 4095 4118 REZ #04-17 SHADY VALLEY 970 VALLEY ELM RD PIKE SHADYPIKE 74 A 69 ELM RD 983 4110 SHADY VALLEY ELM RD1006 PIKE 126 4168 01 4184 SHADY ST MARATHON DR VALLEY VALLEY ELM RD 651 4141 11 PIKE 224 PIKE 316 VALLEY 1043 SPRINGDALE RD SPRINGDALE RD PIKE 111 SHADY MUSKET DR ELM RD 131 4200 222 MUSKET DR 364 634 VALLEY SPRINGDALE RD 400 SPRINGDALE RD SPRINGDALE RD PIKE ST SPRINGDALE RD 649 385 140 01 136 SPRINGDALE RD 37 SPRINGDALE RD MUSKET DR 421 142 01 117 385 37 SPRINGDALE RD MUSKET DR SPRINGDALE RD SPRINGDALE RD 4227 VALLEY 507 PIKE SPRINGDALE RD 579 124 371 4273 SPRINGDALE RD SPRINGDALE RD SPRINGDALE DR VALLEY 4324 PIKE 4330 VALLEY § ¨¦ VALLEY PIKE 81 PIKE 01 § ¨¦ 11 115 81 Note: REZ # 04 - 17 Frederick County Dept of Carbaugh Business Center Planning & Development I 107 N Kent St PINs: Suite 202 74 - A - 68, 74 - A - 69 Winchester, VA 22601 Rezoning from RA to M1 Applications 540 - 665 - 5651 Location Map Sewer and Water Service Area Map Created: October 10, 2017 Parcels Staff: cperkins Building Footprints 04208401,680Feet SOLDIERS161 INDUSTRIAL DR 229 INDUSTRIAL DR REZ # 04 - 17 REST LN121 SOLDIERS DEVELOPMENT LN REST LN 110 Carbaugh Business Center 225INDUSTRIAL DR SOLDIERS REST LN PINs: 74 - A - 68, 74 - A - 69 160 Rezoning from RA to M1 INDUSTRIAL DR 690 561 Long Range Land Use Map SHADY SHADY ST ELM RD ELM RD 651 100 DEVELOPMENT LN 190 HOCKMAN CT 188 HOCKMAN CT 553 166 SHADY HOCKMAN CT 750 ELM RD 130 SHADY 180 HOCKMAN CT ELM RD PROSPERITY DR 191 114 HOCKMAN CT 210 HOCKMAN CT PROSPERITY DR 171 220 HOCKMAN CT PROSPERITY DR 147 HOCKMAN CT 133 240 REZ #04-17 HOCKMAN CT 834 PROSPERITY DR PROSPERITY DR 180 SHADY 113 PROSPERITY DR SKYJES LN 4046 ELM RD 74 A 68 HOCKMAN CT VALLEY 251 164 138 PIKE PROSPERITY DR SKYJES LN SKYJES LN 4006 ST VALLEY 651 PIKE 4046 161 VALLEY SKYJES LN 4118 PIKE Applications 121 VALLEY PIKE SKYJES LN 183 141 Sewer and Water Service Area 4050 SKYJES LN SKYJES LN Parcels VALLEY PIKE Building Footprints Long Range Land Use 957 SHADY Residential REZ #04-17 ELM RD 970 Neighborhood Village 74 A 69 SHADY 983 Urban Center ELM RD SHADY Mobile Home Community ELM RD 4125 ST 4168 Business 1006 4184 VALLEY 651 VALLEY SHADY VALLEY PIKE 1043 Highway Commercial PIKE 224 ELM RD PIKE 316 SHADY Mixed-Use SPRINGDALE RD 111 SPRINGDALE RD ELM RD MUSKET DR Mixed Use Commercial/Office 400 140 MUSKET DR 4200 SPRINGDALE RD Mixed Use Industrial/Office 364 SPRINGDALE RD 634 VALLEY SPRINGDALE RD ST SPRINGDALE RD 222 Industrial PIKE 649 SPRINGDALE RD Warehouse 385 136 01 421 SPRINGDALE RD Heavy Industrial MUSKET DR SPRINGDALE RD 117 11 Extractive Mining 385 SPRINGDALE RD SPRINGDALE RD Commercial Rec 4227 507 MUSKET DR 01 VALLEY PIKE Rural Community Center 37 SPRINGDALE RD 01 124 Fire & Rescue 37 SPRINGDALE RD Sensitive Natural Areas 579 4273 115 SPRINGDALE RD Institutional VALLEY 371SPRINGDALE RD 4330 Planned Unit Development PIKE SPRINGDALE DR 4324 VALLEY Park VALLEY PIKE PIKE Recreation § ¨¦ School 81 § Employment¨¦ 01 81 11 Airport Support Area B2 / B3 Note: REZ # 04 - 17 Residential, 4 u/a Frederick County Dept of High-Density Residential, 6 u/a Carbaugh Business Center Planning & Development I High-Density Residential, 12-16 u/a 107 N Kent St PINs: Suite 202 Rural Area 74 - A - 68, 74 - A - 69 Winchester, VA 22601 Rezoning from RA to M1 Interstate Buffer 540 - 665 - 5651 Long Range Land Use Map Landfill Support Area Map Created: October 10, 2017 Natural Resources & Recreation Staff: cperkins Environmental & Recreational Resources 0462.59251,850Feet