062-20 (RezoningWinchesterMedicalCenterInc)
REZONING APPLICATION #06-19
WINCHESTER MEDICAL CENTER, INC.
Staff Report for the Board of Supervisors
Prepared: March 4, 2020
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission:
12/18/19 Recommended Approval
Board of Supervisors:
01/08/20 Postponed
Board of Supervisors:
01/22/20 Postponed
Board of Supervisors:
02/26/20 Postponed
Board of Supervisors:
03/11/20 Pending
PROPOSAL:
To revise the proffered Generalized Development Plan approved with rezoning #02-03
for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical
Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to
reflect the updated constructed internal street network within the development.
LOCATION:
The subject property is on the northern side of Route 50 West and west of Route 37.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/11/20 BOARD OF
SUPERVISORS MEETING:
This is a proposed minor proffer amendment for minor text revisions and revisions to the approved
Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68
to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of
37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical
Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant
proposes to remove the uses shown on the proffered GDP to allow for potential alternative
development. The Applicant is also proposing to remove proffer 3 from the landscape design features
which required a landscaped roundabout. This feature was removed, and the internal road system has
already been constructed therefore this proffer is unnecessary.
The impacts associated with the change of use are very limited; no additional impacts to Frederick
County or the surrounding property owners are anticipated.
Staff is supportive of this request for a minor
proffer modification to the GDP and text. The Planning Commission did not identify any concerns with the
request and recommended approval of the application at their December 18, 2019 meeting.
The Board of Supervisors discussed this item on January 8, 2020. The Board postponed action on the
item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access
th
will be granted at no charge or is intended to be sold. Following the January 8 meeting, the Applicant
removed all references on the GDP to access for the adjacent property to Botanical Boulevard. The
ndth
Board of Supervisors at their January 22 meeting postponed the application to February 26 and then
th
The proposed rezoning application remains unchanged
postponed until the March 11 meeting.
nd
from the January 22 meeting
.
Following the public meeting, a decision rezoning 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 #06-19 WINCHESTER MEDICAL CENTER, INC.
March 4, 2020
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:
12/18/19 Recommended Approval
Board of Supervisors:
01/08/20 Postponed
Board of Supervisors:
01/22/20 Postponed
Board of Supervisors:
02/26/20 Postponed
Board of Supervisors:
03/11/20 Pending
PROPOSAL:
To revise the proffered Generalized Development Plan approved with Rezoning #02-03
for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical
Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to
reflect the updated constructed internal street network within the development.
LOCATION:
The subject property is on the northern side of Route 50 West and west of Route 37.
MAGISTERIAL DISTRICT:
Gainesboro
PROPERTY ID NUMBER:
53-A-68
PROPERTY ZONING
: B2 (General Business) District
MS (Medical Support) District
PRESENT USE:
Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural
South: B2 (General Business) Use: Commercial
East: N/A Interstate Use: Route 37
West: RA (Rural Areas) Use: Agricultural, Residential
B2 (General Business) Vacant
Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC.
March 4, 2020
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
We have reviewed the above subject Rezoning Application dated
August 5, 2019 for impacts to the local transportation system. We have no overall objection to the
proposed rezoning with the following comment being addressed.
We suggest that the conditions as they relate to the Western Campus-Limited Access Control Changes
Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all
parties to be reminded of the gated-access limitation envisioned as part of the Commonwealth
Transportation Board (CTB) approval. This could be accomplished by amending the Street
Improvements section of the proffers as follows: The Applicant shall design and construct all roads
on the subject property consistent with the Countys adopted Round Hill Land Use Plan for the area,
and requirements as consistent with the Commonwealth Transportation Boards Right of Way
and Limited Access Control Changes Route 37 and Campus Boulevard Interchange approval
dated December 17, 2009,
and according to uniform standards We also suggest including a copy of
the Resolution of the CTB (attached) be included as an appendix to the proffer.
Staff Note: Per VDOTs comment, the Applicant has referenced the Commonwealth
Transportation Boards Right of Way and Limited Access Control Changes Route 37 and
Campus Boulevard Interchange approval dated December 17, 2009 in the updated proffer
statement.
County of Frederick Attorney:
Proffer appears acceptable.
Planning & Zoning:
1)Site History
The subject property was rezoned from the RA (Rural Areas) District to the B2 (General
Business) District and the MS (Medical Support) District with the approval of Rezoning #02-
03.
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.
Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC.
March 4, 2020
Page 4
Land Use
The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035
Comprehensive Plan and depicts the subject property with commercial land use designation.
The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING:
Staff stated that this is an application to revise the proffered Generalized Development Plan approved
with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres
zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an
overview application and stated that this amendment only intends to revise the GDP to remove the land
use specifications that restricted the site to certain uses.
Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route
37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff
stated that there were limitations placed on this access by the Commonwealth Transportation Board for
this access break and the Medical Center is limited in the number of trips that can access the property
via this interchange. The Applicant further clarified that this access will be controlled via a gate and
that they were not changing any proffer other than the GDP.
This item was a minor proffer amendment and therefore no public hearing was required. A motion was
made, seconded and unanimously passed to recommend approval of Rezoning #06-19 for Winchester
Medical Center.
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/08/20 MEETING:
Staff stated that this is an application to revise the proffered Generalized Development Plan approved
with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres
zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an
overview application and stated that this amendment only intends to revise the GDP to remove the land
use specifications that restricted the site to certain uses.
The Board of Supervisors requested clarification on the changes to the internal streets and clarification
that trips from any adjacent properties would not count toward the 14,000-trip cap on the subject
property. Staff provided an overview that the original plan did not show the Route 37 access and the
updated GDP shows that along with the removal of the roundabout. The Board also requested
clarification on the access from Botanical Blvd. to the adjacent properties and whether it is planned to
be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed
the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access
will be granted at no charge or is intended to be sold.
Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC.
March 4, 2020
Page 5
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/22/20 MEETING:
Postponed to the February 26, 2020 Board of Supervisors meeting.
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 02/26/20 MEETING:
Postponed to the March 11, 2020 Board of Supervisors meeting.
Following the 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.
448
REZ # 06 - 19: Winchester Medical Center, Inc.
THWAITE LN
925
956
ECHO LN
343
POORHOUSE RD
PIN: 53 - A - 68
MARGARET LN
925
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Rezoning from B2 to MS
Zoning Map
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Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
04559101,820Feet
Map Created: October 29, 2019
448
REZ # 06 - 19: Winchester Medical Center, Inc.
THWAITE LN
925
956
ECHO LN
343
POORHOUSE RD
PIN: 53 - A - 68
MARGARET LN
925
ECHO LN
Rezoning from B2 to MS
Location Map
377
ECHO LN
377
ECHO LN
REZ #06-19
¬
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NORTHWESTERN
53 A 68
PIKE
WINCHESTER
MEDICAL CENTER
Subdivision
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501
WALMART DR
WALMART DR
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174
194
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CROCK
501
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Application
Parcels
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
04559101,820Feet
Map Created: October 29, 2019
448
REZ # 06 - 19: Winchester Medical Center, Inc.
THWAITE LN
925
ECHO LN
PIN: 53 - A - 68
925
Rezoning from B2 to MS
956
ECHO LN
POORHOUSE RD
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400
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RIDGE
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Natural Resources & Recreation
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Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
04509001,800Feet
Map Created: October 29, 2019