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Home My WebLink About085-21 (RezoningWinchesterMedicalCenterInc)REZONING APPLICATION #06-19 WINCHESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors Prepared: April 20, 2021 Staff Contact: Candice Perkins, AICP, Assistant Director Reviewed Action Planning Commission: 12/18/19Recommended Approval Board of Supervisors: 01/08/20Postponed Board of Supervisors: 01/22/20Postponed Board of Supervisors: 02/26/20Postponed Board of Supervisors: 03/11/20Denied Board of Supervisors: 04/08/20Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 11/12/20Postponed Board of Supervisors: 12/09/20Postponed Board of Supervisors: 01/27/21Postponed Board of Supervisors: 04/28/21Pending PROPOSAL:This is a proposed proffer amendment forrevisions to the approved Generalized Development Plan (GDP) and text 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 zonedMS (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. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 04/28/21 BOARD OF SUPERVISORS MEETING: At the Board of Supervisors meeting on March 11, 2020, Rezoning #06-19 was denied.The Board of Supervisors then rescinded this denial on April 8, 2020 to enable the application to be reconsidered at a future meeting. Following the April 8, 2020 meeting, the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration – the rezoning was then postponed in September, November and December of 2020 and January of 2021. On April 16, 2021, the Applicant submitted a proffer and a GDP with a revision date of March 9, 2021. The proffer and GDP incorporate the following text (Staff would note that the proffer statement remains unchanged from the version submitted when the application was postponed on December 9, 2020): 8. The Ownerproffers to convey one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. Such easement shall be in a location directly across from Marriott Drive. Such easement shall have a maximum width of fifty feet (50’). Should the owner(s) of the properties west of Botanical Blvd. require any additional propertyfrom theOwner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. Such easement shall have proper consideration. The Owner and the owners of the adjoining properties are currently in discussions concerning consideration to be given in exchange for Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 2 the aforementioned easement conveyance. It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on the subject property. Staff would note that portions of this proffer are not enforceable by Frederick County (see the bold text above). The language that relates to “proper consideration” and “discussions concerning consideration” would only concern private negotiations and agreements between the Winchester Medical Center and the properties west of Botanical Blvd. Application History: The Planning Commission recommendedapproval of the application at their December 18, 2019meeting. The Board of Supervisorsdiscussed this item on January 8, 2020. At this meeting, questions arose about Botanical Boulevard and access by adjoining properties that was shown on the approved MDP for this development. The Board postponed action on the amendment until the January 22, 2020 meeting to allow the Applicant to provide clarification on access to Botanical Boulevard by adjoining properties. th Following the January 8 meeting, the Applicant removed all references on the GDP for o access for the adjacent property to Botanical Boulevard. nd The Board of Supervisors at their January 22 meeting postponed the application tothe th February 26 meeting. th The Board of Supervisors at their February 26meeting postponed the application to the March th 11 meeting. The Board of Supervisors denied the rezoning at the March 11, 2020 meeting. The Board of Supervisors rescindedthevote for denial at the April 8, 2020 meetingand the rezoning applicationwould bereconsidered atafuture meeting. The Applicantsubmitted revised proffers with a final signature date ofApril 17, 2020for consideration. The text of the proffers dated April 17, 2020 remained fundamentally unchanged from the originalapplication the Board of Supervisors postponed on January 8, 2020. The April proffer statement and the proffered GDP (dated October 19, 2019, revised April 9, 2020) bothcontainedthe followingtext“Entrance to Botanical Blvd –Entrance to residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysisand proffersfor these areas are approvedby VDOT and Frederick County”. Also, the properties referenced in this note are no longer residential zonedareas(they were rezonedwithRezoning#08-08 (Botanical Square),subject to proffers), though they presently remain in residential use. The Board of Supervisors at theirSeptember 23, 2020 meeting postponed the application. On November 12, 2020, the Applicantsubmitted revised proffers with a final signature date of November 11, 2020. The Board of Supervisors at their November 12, 2020 meeting postponed the application. Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 3 On December 7, 2020, the Applicant requested that the rezoning be taken off the December 9, 2020 agenda and scheduled for the January 27, 2021 meeting. On January 26, 2021, the Applicant requested that the rezoning be postponed to a future meeting. On April 16, 2021, the Applicant submitted a revised proffer and Generalized Development Plan with a revision date of March 9, 2021. Staff would note that the proffer statement remains unchanged from the application postponed on December 9, 2020. 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. April 20, 2021 Page 4 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: 12/18/19Recommended 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 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 11/12/20 Postponed Board of Supervisors: 12/09/20 Postponed Board of Supervisors: 01/27/21 Postponed Board of Supervisors: 04/28/21 Pending PROPOSAL:This is a proposed proffer amendment forrevisions to the approved Generalized Development Plan (GDP) and text 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 zonedMS (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. LOCATION: The subject property is on the northern side of Route 50West and west of Route37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOININGPROPERTY 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. April 20, 2021 Page 5 REVIEW EVALUATIONS: VirginiaDept. 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 commentbeing 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 subjectproperty consistent with the County’s adopted Round Hill LandUse Plan for the area, and requirements as consistent with the Commonwealth Transportation Board’s “Right of Way and Limited Access Control Changes Route 37and 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 VDOT’s comment, theApplicant has referenced the Commonwealth Transportation Board’s “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: Please see email dated April 19, 2021. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester City Quadrangle) identified the site as being zoned A-2 (Agricultural General). The County’s agricultural 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. On February 12, 1997, the Board of Supervisors approved Rezoning #06-96 which rezoned 51.054 acres of the site from the RA (Rural Areas) District to the B2 (General Business) District. On April 9, 2003, Rezoning #02-03 was approved which rezoned 102.0216 acres from the RA and B2 Districts to the B2 and MS (Medical Support) Districts with proffers (the area approved with Rezoning #06-97 was included with Rezoning #02-03). 2) Comprehensive Plan The 2035Comprehensive 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 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 6 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 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. 3) Proffers At theBoard of Supervisors meeting on March 11, 2020, Rezoning #06-19 was denied. The Boardof Supervisors then rescindedthis denial on April 8, 2020 to enable the application tobe reconsidered at a future meeting. Following the April 8, 2020 meeting, the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration – the rezoning was then postponed in September, Novemberand December of 2020 and January of 2021. On April 16, 2021, the Applicant submitted a revised proffer and a GDP with a revision date of March 9, 2021. The revised proffer and GDP incorporate the following text(Staff would note that the proffer statement remains unchanged from version submitted for the December 2020 agenda): 8. The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. -Such easement shall be in a location directly across from Marriott Drive. -Such easement shall have a maximum width of fifty feet (50’). Should the owner(s) of the properties west of Botanical Blvd. require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. -Such easement shall have proper consideration. The Owner and the owners of the adjoining properties are currently in discussions concerning consideration to be given in exchange for the aforementioned easement conveyance. -It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. -It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on the subject property. Staff would note that portions of this proffer are not enforceable by Frederick County (see the bold text above). The language that relates to “proper consideration” and “discussions concerning consideration” would only concern private negotiations and agreements between the Winchester Medical Center and the properties west of Botanical Blvd. Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 7 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized DevelopmentPlan 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 of the 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 DevelopmentPlan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. Staff then provided an overviewof the applicationand 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 thesubject property. Staff provided an overview thatthe originalplan 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 Boulevard 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. BOARD OF SUPERVISORS SUMMARY ANDACTION FROM THE 01/22/20 MEETING: Postponed to the February 26, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY ANDACTION FROM THE 02/26/20 MEETING: Postponed to the March 11, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY ANDACTION FROM THE 03/11/20 MEETING: The Board of Supervisors denied the rezoning applicationat the March 11, 2020 meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 04/08/20 MEETING: The Board of Supervisors rescinded thevote for denial at the April 8, 2020 meeting and the rezoning Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 8 application would be reconsidered at a future meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 09/23/20 MEETING: Postponed to the November 12, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 11/12/20 MEETING: Postponed to the December9, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 12/09/20 MEETING: Postponed to the January 27, 2021 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/27/21 MEETING: Postponed to a future meeting date as requested by the Application. Following the publicmeeting, a decision regardingthis rezoning applicationby theBoard 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 ECHO LN Rezoning from B2 to MS Zoning Map 377 ECHO LN 377 ECHO LN REZ #06-19 ¬ « 37 2106 NORTHWESTERN 53 A 68 PIKE WINCHESTER MEDICAL CENTER Subdivision 501 501 WALMART DR WALMART DR Winchester 174 194 BOTANICAL 230 ECHO LN BLVD CROCK 501 WELLS MILL WALMART DR 150 CROCK 300 WELLS MILL 180MARRIOT 2054 DRIVE CROCK WELLS NORTHWESTERN £ ¤ MILL 50 PIKE 2131 2035 LN ET GAR MAR NORTHWESTERN 2051 NORTHWESTERN 2161 PIKE NORTHWESTERNPIKE NORTHWESTERN 1983 PIKE PIKE 113 NORTHWESTERN 107 STONEWALL DR PIKE WARD 409 1954 AVE 1997 WESTSIDE KATHY CT 122 NORTHWESTERN 419 STATION 108 WARD PIKE WESTSIDE 121 STONEWALL DR 416 1961 AVE STATION 2093WARD AVE WESTSIDE Round Hill ¬ « KATHY CT ¬ « NORTHWESTERN 37 301 125 427 STATION 37 PIKE 134 COLIN CT WARD AVE WESTSIDE MILLER WARD AVE 219135307 STATION 200432 Application 304 165 ROUND HILL RDWARDCOLIN CT STECK WARD AVEWESTSIDE COLIN CT WARD Parcels AVE µ B2 (General Business District) MS (Medical Support District) RP (Residential Performance District) 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 ¬ « 37 2106 NORTHWESTERN 53 A 68 PIKE WINCHESTER MEDICAL CENTER Subdivision 501 501 WALMART DR WALMART DR Winchester 174 194 BOTANICAL 230 ECHO LN BLVD CROCK 501 WELLS MILL WALMART DR 150 CROCK 300 WELLS MILL 180MARRIOT 2054 DRIVE CROCK WELLS NORTHWESTERN £ ¤ MILL 50 PIKE 2131 2035 LN ET GAR MAR NORTHWESTERN 2051 NORTHWESTERN 2161 PIKE NORTHWESTERNPIKE NORTHWESTERN 1983 PIKE PIKE 113 NORTHWESTERN 107 STONEWALL DR PIKE WARD 409 1954 AVE 1997 WESTSIDE KATHY CT 122 NORTHWESTERN 419 STATION 108 WARD PIKE WESTSIDE 121 STONEWALL DR 416 1961 AVE STATION 2093WARD AVE WESTSIDE Round Hill ¬ « KATHY CT ¬ « NORTHWESTERN 37 301 125 427 STATION 37 PIKE 134 COLIN CT WARD AVE WESTSIDE MILLER WARD AVE 219135307 STATION 200432 304 165 ROUND HILL RDWARDCOLIN CT STECK WARD AVEWESTSIDE COLIN CT WARD AVE µ 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 Long Range Land Use Map 400 CLOCKTOWER RIDGE 377 ECHO LN 377 ECHO LN 400 CLOCKTOWER RIDGE Application REZ #06-19 2106 Parcels NORTHWESTERN Long Range Land Use 53 A 68 PIKE Residential Neighborhood Village Urban Center ¬ « Mobile Home Community 37 WINCHESTER 2178 MEDICAL CENTER Business NORTHWESTERN Subdivision PIKE Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office 501 501 WALMART DR Industrial WALMART DR 174 Warehouse Winchester 194 BOTANICAL 230 Heavy Industrial ECHO LN BLVD 501 CROCK Extractive Mining WALMART DR WELLS MILL Commercial Rec 110 180 Rural Community Center CROCK 150 CROCK 300 WELLS MILL Fire & Rescue CROCK WELLS MILL MARRIOT 2054 WELLS MILL DRIVE Sensitive Natural Areas NORTHWESTERN£ ¤ 50 PIKE Institutional 2275 Planned Unit Development NORTHWESTERN 2255 2161 PIKE Park NORTHWESTERN NORTHWESTERN2131 LN ET 2051 GAR MAR PIKE PIKE NORTHWESTERN Recreation NORTHWESTERN PIKE 2035 PIKE School 137 NORTHWESTERN 113 ROUND HILL RD Employment PIKE 1983 STONEWALL DR 409 113 Airport Support Area NORTHWESTERN 1954 108 WESTSIDE WARD AVE PIKE 183 KATHY CT 104STONEWALL DR 122 116 STATION B2 / B3 419 ROUND STONEWALL DR WARD STONEWALL DR WESTSIDE 121 Residential, 4 u/a 112 1997 HILL RD AVE 2093STATION WARD AVE STONEWALL DR NORTHWESTERN1953 Round Hill ¬ « High-Density Residential, 6 u/a 420 NORTHWESTERN ¬ 132301« 37 125427 PIKE KATHY CT 37 PIKEWESTSIDE WARDCOLIN CT WARD AVEWESTSIDE High-Density Residential, 12-16 u/a 219 200 STATION AVE 307 STATION ROUND 365 135 136 304 WARD AVE Rural Area 165 COLIN CT HILL RD ROCK WARD AVE WARD AVE COLIN CT WARD Interstate Buffer µ Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 04509001,800Feet Map Created: October 29, 2019 PCTPMFUF PCTPMFUF PCTPMFUF PCTPMFUF