Loading...
HomeMy WebLinkAbout03-05 ApplicationJune 3, 2005 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #03 -05, NORTH STEPHENSON, INC. Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 26, 2005. The above referenced application was approved to rezone 79.13 acres from RA (Rural Areas) District and RP (Residential Performance) District to MI (Light Industrial) District with proffers. The subject properties front on the east side of Martinsburg Pike (Route 11 North) just north of the Interstate 81 Exit 317 northbound off -ramp, and immediately east of Redbud Road (Route 661), and are identified with Property Identification Numbers 43 -A -150, 43 -A -151 43 -A- 151 A, 43 -A -152, 43C -3 -2, 43C -3 -3, 43C -3 -4, 43C -3 -4A, 43C -3 -5 and 43C -3 -7A, in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. The Department looks forward to working with you and the applicants during the development of this project. Sincerely. Michael T. Ruddy Deputy Planning Director MTR/bhd COUN cc: North Stephenson, Inc., 1800 Martinsburg Pike, Winchester, VA 72603 Lynda J. Tyler, Stonewall District Supervisor John H. Light, Stonewall District Planning Commissioner Jane Anderson, Real Estate em: Charles S. DeHaven, Jr., Stonewall District Planning Commissioner 107 North Kent Street, Suite 202 Winchester, Virginia 22601 5000 Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 REZONING APPLICATION #03 -05 NORTH STEPHENSON, INC. Staff Report for the Board of Supervisors Prepared: April 21, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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: 04/06/05 Recommended Approval Board of Supervisors: 04/26/05 Pending �p'*�o lOVED PROPOSAL: To rezone 79.13 acres from RA (Rural Areas) District and RP (Residential Performance) District to M1 (Light Industrial) District with proffers. LOCATION: The properties front on the east side of Martinsburg Pike (Route 11 North) just north of the Interstate 81 Exit 317 northbound off -ramp, and immediately east of Redbud Road (Route 661). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 43 -A -150; 43 -A -151; 43- A -151A; 43 -A -152; 43C -3 -2; 43C -3 -3; 43C- 3-4; 43C -3 -4A; 43C -3 -5; and 43C -307A PROPERTY ZONING: RA (Rural Areas) District and RP (Residential Performance) District. PRESENT USE: Trucking, Residential and Agricultural ADJOINING PROPERTY ZONING PRESENT USE: North: RA (Rural Areas) Use: Residential and Vacant South: RA (Rural Areas) Use: Residential and Agricultural East: RA (Rural Areas) Use: Agricultural West: RP (Residential Performance) Use: Residential B2 (Business General) Use: Rutherford's Farm Park (Ind. Comm.) PROPOSED USES: Trucking and Light Industrial. (A maximum of 800,000 square feet of floor area has been proffered). Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the North Stephenson rezoning application dated November 9, 2004 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the 1.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of- way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Fire lanes and municipal water supplies shall meet the requirements of Frederick County Code 90 -4. Plan approval recommended. Clearbrook Volunteer Fire Dept.: Mr. Omps has always supported Clearbrook Fire Rescue. Any contribution would be appreciated. No other comments. Refer to Frederick County Fire Marshall comments. Public Works Department: The proposed rezoning application has adequately addressed our preview comments. We reserve the right to perform a more detailed review of the master development submittal. Frederick Winchester Service Authority: No comments. Sanitation Authority: No comment. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Attorney for Frederick County: Please see attached letter dated November 23, 2004, signed by Robert T. Mitchell, Jr., Esquire. 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). The County's 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- napping 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 Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 3 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 comprehensive amendment to the county's Zoning Ordinance. This portion of the subject property that fronts on Martinsburg Pike has remained RP (Residential Performance) District since that time. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy 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. [Comprehensive Policy Plan, p. 1 -1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more intensive forms of residential, commercial, and industrial development will occur. In addition, The North Stephenson, Inc. property is also located within the area encompassed by the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan envisions a mix of commercial and industrial uses on the property. The plan depicts an evident split of future land uses on the subject property with commercial areas identified in the vicinity of the Interstate 81 interchange and industrial areas identified within the eastern area of the property adjacent to the railroad, located to take advantage of the rail access. The North Stephenson, Inc. application proposes a rezoning of entirely industrial land use which would enhance the ability to provide for a greater area of industrial opportunity in conjunction with the rail access. A goal of the Northeast Frederick Land Use Plan is to provide master planned areas adjacent to the rail to take advantage of this feature. In 2003, the applicants approached the County to seek a commercial rezoning for 6.10 acres of this property that fronts on Redhud Road. The application, RZ07 -03. was removed from consideration by the applicant based upon feedback provided during the review process. The applicants have since moved forward with this new and more comprehensive application that seeks to address the Northeast Frederick Land Use Plan and the feedback provided during the earlier rezoning exercise. The Northeast Frederick Land Use Plan provides additional guidance for development opportunities through the following policies. A sensitive approach to the existing land uses along Martinsburg Pike, Route 11, is promoted with the identification of DSA's (Developmentally Sensitive Areas). This would include those existing RP (Residential Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 4 Performance) parcels that contain residential uses directly adjacent to the subject property. The DSA's seek to ensure the existing residential clusters are protected from the impacts of new development through the provision of adequate buffers and screening. It should be noted that this application includes five ofthe seven residentially used properties located along this section of Martinsburg Pike. The remaining two residential performance properties would be offered protection through the County's existing buffer and screening regulations. Greater setbacks and buffers and screening along Martinsburg Pike to enhance the appearance ofthe Route 11 corridor are important elements of the Plan. This enhanced corridor appearance and function goal is further promoted with the discouragement of individual lot access along Route 11. The opportunity presents itself for the application to commit to providing such corridor design standards along the Martinsburg Pike corridor, advancing a key initiative of past and potentially future County planning efforts. It should be noted that the recently approved Rutherford Farm LLC, rezoning application, RZ06 -04, directly across Route 11, proffered to establish a 15 foot landscape buffer along Route 11, extending the length of the site, that would include ground cover, trees, and an earthen berm. That application also proffered to limit the maximum height for all freestanding business and monument signs in the M1 zoning district to 12 feet. The North Stephenson Inc. application does not offer a comprehensive enhancement package similar that proffered in the Rutherford's Farm project. A similar approach may be desirable with this application to address this element of the Northeast Frederick Land Use Plan. The North Stephenson Inc. application does provide a prohibition on commercial entrances along the western property line adjoining Redbud Road, but not along Route 11. This commitment along Route 11 is extremely desirable. A similar commitment minimizing the number of entrances along Route 11 may also be desirable to further the access management goals of the Plan. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts ofthe development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). The Eastern Road Plan identities an improved major collector road relocated in the vicinity of this property. This improvement is the relocation of Redbud Road which will be necessary due to future improvements to Interstate 81 and the interchange with Route 11. Accommodations for this realignment have been made by the applicant and are described in greater detail later in this report. The Comprehensive Plan also identifies Route 11 as a bicycle route. Rezoning #03 -05 North Stephenson. Inc. April 21, 2005 Page 5 In addition to the Eastern Road Plan, the Northeast Frederick Land Use Plan also identifies key road improvement needs that directly relate to the North Stephenson, Inc. rezoning application. This includes improvements to Martinsburg Pike, Route 11, to a four lane facility, and the construction of a new major collector road from Route 11 at its intersection with the Rutherford's Farm Industrial Park through the Stephenson's Village project to Old Charles Town Road. The Stephenson Village rezoning application, RZ06 -03, addresses the construction of this major collector road. The proffer states that the applicant shall dedicate an 80 foot right -of -way and construct the major collector road from Old Charles Town Road through Stephenson Village, and the property currently owned by McCann and Omps to U.S. Route 11 (Martinsburg Pike). The proffer further commits to the phased construction of the road with an ultimate four -lane boulevard section with a landscaped median and landscaping along and /or adjacent to each side of the major collector road, and the provision of bicycle lanes within the right -of -way. The coordination ofthe relationship and commitments between the Stephenson Village project and the North Stephenson, Inc. rezoning should be clarified to a greater extent than is presently offered. The North Stephenson, Inc. application proffers the right of way and design for a typical section that appears to not be entirely consistent with the proffer for the Stephenson Village project. The County would like to ensure that the major collector road section is consistent throughout the length ofthe project and that the responsibilities ofthe various parties as to the construction of the road project are clear and coordinated. Further. that the necessary right -of -way is obtained to facilitate the ultimate section ofthe major collector road as endorsed in the Stephenson Village project. It would be beneficial to define the approach at this time as opposed to at the time individual site development proposals and individual TIA's for the uses within the North Stephenson Inc. site are submitted. 3) Site Suitability /Environment The North Stephenson, Inc. property is bordered by Martinsburg Pike, Route 11, to the west, Redbud Road, Route 661, to the west and south, and the C.S.X. Railroad to the east. A manmade wetland area is identified in the southwestern portion of the property as are two areas of mature deciduous trees in the northwestern portion of the property. The site contains no steep slopes or other identified environmental features. The potential for karst features, sinkholes, does exist on the subject property due to the underlying geology of the property. The application addresses this potential concern by committing to addressing the karst features during the master development plan and site plan processes including additional geotechnical analysis of identified karst features. Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 6 4) Potential Impacts Potential Impact Summary. In evaluating the North Stephenson Inc. rezoning application it should be recognized that the applicant has proffered limitations regarding the maximum square footage of the structural development permitted on the property. A maximum of 800,000 square feet of total floor area has been proffered and evaluated. The applicant has not proffered a commitment to limit the permitted uses on the subject property. All uses within the M1 (Light Industrial) District would be permitted. A. Transportation Traffic Impact Analysis. The Traffic impact Analysis (TIA) prepared for this application projects that the development of 800,000 square feet of light industrial use would generate 5,874 vehicle trips per day. Potential traffic impacts may vary depending on the specific uses that could develop on the North Stephenson Inc. site. The report was developed with primary access to the project to being via the new major collector road which intersects with Route 11 at the Rutherford Farm Industrial Park. The TIA assumed that the land uses associated with Stephenson Village would enter and exit the property via the new major collector road at this intersection and that Route 11 will be a four lane divided facility from the northbound ramps at Interstate 81 through the intersection at the new collector road. It is important to understand that the TIA assumes that the transportation improvements proffered as part of the Stephenson Village and Rutherford's Farm development are completed. A second transportation improvement was modeled in the TIA, the realigned Redbud Road. It is important to ensure that the various improvements identified with each development arc guaranteed and implemented in a coordinated and timely manner. The Comprehensive Plan seeks to ensure that a level of service (LOS) C or better is achieved with the approval of proposed industrial, commercial, and planned unit developments. The TIA for this project demonstrates that the signalized intersection of Route 11 and the new major collector road will function at a level of service (LOS) D assuming the full build out of 800,000 square feet of industrial land use on the 79.13 acre site. Again, this also assumes that all of the identified transportation improvements of other development projects are in place. However, the TIA further demonstrates that the background traffic volumes create a level of service D at the same intersection with the same improvements in place. The application states that the 5,874 trips projected from the industrial site do not reduce the level of service at the intersection. Staff would concur that the level of service classification would not decrease from a level of service (LOS) D, but would also point out that the additional trips may lower the level of service within the D range. Rezoning 403 -05 North Stephenson, Inc. April 21, 2005 Page 7 Redbud Road relocation. The Eastern Road Plan identifies an improved major collector road in the vicinity of this property, the relocation of Redbud Road in conjunction with the Interstate 81 widening project, which the applicant has accommodated using the following approach. The applicant has proffered to dedicate a fifty foot right of way through the property that will allow access to Martinsburg Pike at the signalized intersection associated with the new major collector road. A general location for this road alignment has been identified in the Eastern Road Plan. The applicant's proffer provides that this right of way dedication would connect to the future intersection identified in the exhibit included with this application. It is anticipated that the road providing access to the industrial uses internal to the project may be used for the purpose of the realignment of Redbud Road. It should be confirmed that a fifty foot right of way would be sufficient to accommodate the relocation of the Redbud Road collector road. The approach proffered by the applicant provides flexibility in the future alignment of this road connection which in turn affords flexibility in the site selection and development for future industrial users. This would be particularly desirable to the property owner as it would enhance the economic development potential of the property and would enable the future users to take advantage of the rail access. At the same time the ability for the County and State to make the future realignment of Redbud Road is preserved. Future costs associated with the relocation would likely be born by the Interstate 81 widening project and VDOT. An alternative approach to addressing the realignment of the collector road would be for this application to design and construct the improvement through the limits of their property with the first phase of industrial development of the property. The County should determine the approach that is most appropriate in this particular case. New Major Collector Road. The location of the new major collector road, which connects Old Charles Town Road to Martinsburg Pike was identified during the rezoning of the Stephenson Village and Rutherford's Farm projects. In addition, the typical section of the road, a four lane boulevard design, was established and memorialized through the rezoning proffer associated with the Stephenson Village project. As previously noted the proffer further commits to the phased construction of the road with a landscaped median and landscaping along and /or adjacent to each side of the major collector road, and the provision of bicycle lanes within the right -of -way. It would be appropriate to clarify the desired ultimate section at this time. The North Stephenson, Inc. application proffers the right of way and design for a typical section that appears to not be entirely consistent with the stated proffer accepted for the Stephenson Village project. In addition, Proffer e) appears to indicate that the applicant will not provide for the construction of the major collector road through the limits of their property as identified in the Northeast Frederick Land Use Plan. Rather, it proffers the construction of portions to be Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 8 determined based on future TIA's for the individual industrial users. Proffer c) provides for the dedication of the right of way for the ultimate design of the major collector road though the property but does not ensure the construction of the collector road through the property. As with any rezoning application, it would be appropriate and expected for the applicant to provide for the construction of the collector road through the limits of their property. In recognition of the Stephenson Village proffers and the Rutherford's Farm proffered improvements. flexibility should be offered to the North Stephenson Inc. rezoning application to enable other projects to participate in the construction of the ultimate section of the major collector road. However, the County should ensure that at a minimum the major collector road in some form will be constructed through the limits of this property with the North Stephenson Inc. rezoning application. The applicant has the ability to clarify their commitment and the commitment of other projects within the proffer statement and to ensure that the collector road is provided through the limits of their property at the outset of the project. The coordination of the relationship and commitments between the Stephenson Village project and the North Stephenson, Inc. rezoning should be clarified to a greater extent than is presently offered. Also recognizing the progress being made with the Master Development Plan for Stephenson Village, it would appear as though discussion and commitments between the two developers are being made that may satisfy the concerns of the County. To the extent that these commitments could be memorialized in the proffer statement, the expressed concerns of the County may be lessened. General Transportation. The applicant has proffered to construct, or cause to be constructed, dual southbound left turn lanes on Martinsburg Pike at the major collector road intersection at the same time the Rutherford's Farm Industrial Park improvements are to be constructed. Such an approach is desirable however it should be guaranteed that the stated improvements would be constructed prior to, or in conjunction with, the first phase of development on the North Stephenson Inc. project as primary access to the North Stephenson Inc. project is via the new major collector road. The applicant has also proffered to construct, or cause for the construction of a northbound right turn lane along Martinsburg Pike from Redbud Road to the new major collector road. Again, rather than determining the need for the dedication and improvement on an individual site development basis, it would be desirable to the County to have this application dedicate the right of way for the identified improvement at one time. In addition, it would be desirable to provide for the construction of the improvement prior to, or in conjunction with, the first phase of development on the North Stephenson Inc. site. Consideration should be given to minimizing additional entrances along Route 11 as noted previously in the report. Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 9 B. Sewer and Water The North Stephenson Inc. rezoning proposal is estimated to require approximately 79,130 gallons per day of water usage and approximately 39,565 gallons per day of wastewater at total build out of the project. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. C. Historic Resources Located on the North Stephenson Inc. property was the historic structure known as Seven Oaks. The Rural Landmarks Survey of Frederick County identified the historic structure #34- 1067). The subject property is also located in the vicinity of the 3 Winchester Core Battlefield Area. In conjunction with the current and original rezoning request for this property, the applicant forwarded the application to the HRAB for their review. The HRAB had previously suggested that the Seven Oaks structure would be inventoried and catalogued should the structure ultimately be taken by the Interstate 81 improvements. The property owner recently razed the structure. However, prior to doing so, they allowed the structure to be photographed, inventoried, and cataloged both internally and externally by an architectural historian. It would be appropriate for the report of the architectural historian to be provided to the County for incorporation into the historical records. The Historic Resources Advisory Board (HRAB) considered this new proposal at its December 21, 2004 meeting. "f he HRAB reviewed information associated with the Frederick County Rural Landmarks Survey and the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley. Some members of the FIRAB expressed concerns that the development of the property would impact preserved Civil War battlefield land and the Stine property located further along Redbud Road. The HRAB suggested that intensive screening utilizing native trees should be provided to hide this property from the Stine property and the adjacent battlefield areas to mitigate the impact on this resource. Further, the HRAB suggested the installation of a highway marker and directional sign to show the way through the industrial park to the historic area/battlefield site due to the potential relocation of Redbud Road. The Proffer Statement provides no consideration for the recommendations of the HRAB provided on December 21, 2004. However, the applicant has proffered a prohibition on the placement of freestanding and building mounted business signs facing the eastern property line to mitigate the viewshed impacts from the 3rd Winchester Core Battlefield Area. D. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 10 The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community to the Fire and Rescue services, the applicant has proffered a contribution in the amount of $0.01 per square foot of structural development on the property. Based upon the proffered maximum structural development of 800,000 square feet, this contribution may generate up to $8,000.00 for Fire and Rescue Services to assist in the mitigation impacts to this community service. The amount and timing of this contribution is dependant upon future site development activity. 5) Proffer Statement October 13, 2004 (Revised January 3, 2005) A) General Development Plan. The applicant has not provided a Generalized Development Plan for the North Stephenson Inc. rezoning application. However, the applicant has provided a proffered exhibit that identities potential road improvements associated with the new major collector road and proffers the dedication of the right of way identified in the exhibit. The right of way is of a varying width to enable the future construction of the identified transportation improvements. B) Transportation. The applicant's transportation proffers have been identified and discussed in the body of' the report. C) Industrial Uses. The applicant has provided limitations regarding the maximum square footage of the structural development permitted on the property. A maximum of 800,000 square feet of total floor area has been proffered. The applicant has not proffered a commitment to limit the permitted uses on the subject property. All uses within the MI (Light Industrial) District would be permitted. D) Environmental Protection. The applicant has proffered to provide for the delineation of karst features and the performance of geotechnical analysis for each site plan in which structural development or other site improvements are located within 50 feet of identified karst features. E) Viewshed Mitigation The applicant has proffered to prohibit the placement of freestanding and building mounted business signs facing the eastern property line of parcel 43 -A -152 to mitigate viewshed impacts from the 3` Winchester Core Battlefield Area. F) Monetary Contribution. The applicant has proffered a monetary contribution of $0.01 per square foot of structural development on the 79.13 acre site, which may generate up to $8,000.00, to mitigate the impacts to the local fire and rescue company. Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 11 STAFF CONCLUSIONS FOR 04/06/05 PLANNING COMMISSION MEETING: The North Stephenson Inc. rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Northeast Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to the following: to ensuring that the Planning Commission is comfortable with the applicants approach to the future relocation of the Redbud Road collector road. to ensuring that the commitments as to the design, right of way dedication, and construction of the new major collector road are fully addressed and clarified in the application. to the opportunity that is presented to address corridor appearance elements along Martinsburg Pike. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. PLANNING COMMISSION SUMMARY ACTION OF THE 04 /06/05 MEETING: Planning Commission members understood the developer's need for flexibility, in particular with regards to the relocation of Redbud Road; however, they believed the rezoning application and proffers did not provide sufficient detail to address the transportation issues to their satisfaction. They expressed concern about how the County and VDOT would coordinate the inter related transportation networks involving three separate developers on three different projects in this area. It was suggested that a generalized site plan or a land use plan showing the combined road plans for the three projects could possibly facilitate completion of the conceptual road network. In addition, it was believed the right -of- way width of the spine road should be greater than 50' in order to provide expansion for future growth on Redbud, beyond the railroad tracks heading east. Concern was also raised for providing future growth capacity at the Rt. 11 /Redbud Road intersection, for traffic moving towards the Rt. 37 interchange. Despite these transportation issues, the majority of members agreed this was a good project at the appropriate location and the proposed use was needed in the County. They also recognized that the transportation improvements will be dictated by the uses that come on line. It was noted that all three developers have assured the County through their proffers that if their use triggers the transportation need, they will address that need. Rezoning #03 -05 North Stephenson, Inc. April 21, 2005 Page 12 Representatives of VDOT were available to answer questions from the Commission. One person came forward under citizen comments: the managing partner for Stephenson Associates said they were in support of the rezoning and hoped the Commission would view it favorably. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers as submitted by the applicant. YES (REC. APPROVAL W/ PROFFERS): Straub, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour (Note: Commissioner Watt was absent from the meeting.) Additional Staff Comment (4/20/05): The applicant has provided an updated exhibit relating to the major collector road from Route 11 to the CSX Railroad crossing. The exhibit was revised to provide for sidewalks and street trees along both sides of the major collector road. 11/26/2004 17:43 5406395 WILBUR C. HALL (1892 -1972) THOMAS V. MONAHAN 11924.1969) SAMUEL 0. ENOLE O. LELAND MAHAN ROBERT T. MRCHELL. JR• JAMES A. KLENKAR S ?EVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. 1 F 7 EAST MARKET STPC T I.tE96URO, VIRGINIA TELEPHONE TO.T777 1060 Mr. Michael T. Ruddy, MCP, Deputy Director Frederick County Department of' Planning and Development 107 North Kent Street Winchester, VA 22601 ATT0 R NE T5 November FRED CO PLAIG DEP HALL MONAHAN, ENGLE, MAHAN MITCHELL A RARTNEMMIP OF PROFESSIONAL CORPOR AT LAW o EABt 909cAWCN 9TRECT WINCHLSTER, V1101NIA TELEPHONE 540.00'0900 FA% 540.005.4904 E IAwyafsehAll mnahan.P'+m 23, 2004 1•LEAS itEPLT TO: PAGE 02/04 P. 0. Box 848 WINCHESTER, VIRGINIA 226040848 HAND DELIVERED Re: North Stephenson, Inc. (Stephenson Village) Proposed Proffer Statement Dear Mike: I have reviewed the above referenced Proposed Proffer Statement. It is my opinion. that the Proposed Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be summarized at the beginning (see the Haggerty Property Proposed Proffer Statement for the fonn). 2. Proffers 1 (b), (c), (d), (e), and (g) should each state specifically when the proferred improvement will be done; for example, 1 (b) may provide that the improvements will be made within thirty (30) days of written request by VDOT. 3. Proffers 1(f) and (g) provide that certain things will be done "by parties other than the property owners." First of all, who are the "property owners If it is the Applicant, it should say "the 11/28/2004 17:43 5406,95 HALL, MONAHAN, ENGLE, MAHAN Et MITCHELL Mr. Michael T. Ruddy Frederick County Department of Planning and Development Page 2 RTM /g1h FRED CO PLA•G DEP Applicant" rather. than "the property owners." Also, if these things are not to be done by the Applicant, is it clear or should it state who will do these things? 4. In Proffer 3, the words "and approval" should be added after the word "review" in the last sentence. 5. Proffer 5 should state specifically for what purpose the monetary contribution is to be made, as the County has to account for the expenditure of all proffered monetary contributions. 6. The signature(s) should be for the titled owner of the property. If North Stephenson, Inc. is the titled owner, the signature block should be: North Stephenson, Inc. By: President I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the property, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing, please contact me. truly yours 4 Robert T. Mit Jr. PAGE 03/04 11/28/2004 17:43 5406 395 FRED CO PLAhWG DEP PAGE 04/84 60 Am PL E Receit Cu cep Vs/ Bop PCMeg a, PROPOSED PROFFER STATEMENT REZONING: RZ Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55 -A -212 212A (the "Property RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PRON. hRS: September 10, 2004 REVISION DATA: N/A The undersigned hereby proffers that the use and development of the subject ezty ("Property"), as described above, shall be in strict conformance with the folio which shall supersede all other proffers that may have been made prior =to. t that the above referenced rezoning is not granted as applied for by 'pplicant these proffers shall be deemed withdrawn and shall be null d. Further, contingent upon final rezoning of the Property ni final rezoning" g which is in effect on the day following th t day upon which the of County Supervisors (the "Board") •r. on granting the rezoning irate co If the Board' recision is contested, and the development plans ua. ch contest is tesolved, the tetm o w i n g e n t r y of a :court order affirming the decision of ed, or, if ap 41 ed, the day following which the decision ca m s denied by the Board, but in the event that to the eco by a court th pro shall be deemed withdrawn ess •e or any porn ereo£in a writing speafically for that con In the "Applicant these proffers defined as that re Frederick County Bo may be contested in th Applicant elects not to su rezoning shall include the day the Board which has not been app has been affirmed on appeal. If this an appeal is for any reason theses of competent jurisdiction, then Applicant shall affirmatively reado purpose, The headings of proffers set forth below have been *axed for convenience or reference only and sh not control of affect the meaning or be tak an interpretation of any provision of •roffers. The improvements proffered herein sh •e provided at the time of devel. i.ent of that portion of the Property adjacent to incb'dig the improveme.: •r other proffered requirement, unless otherwise specified he The terra "Applic as referenced herein shall include within its meaning all future o• rs and succes `s in interest When used in these proffers, the "Generalized Development sh efet to the plan entitled "Generalized Development Plata, Haggerty Property" dat tember 1, 2004 (the "GDP and shall include the following: Page 1 of 8 0 CO y 0 'H: N W Lt Q 0 ca g cn m 0 c O O N 0 N 0 N V J O Z e t T. m a) N 1 AMENDMENT Action: PLANNING COMMISSION: April 6, 2005 Recommended Approval BOARD OF SUPERVISORS: April 26, 2005 APPROVED DENIED WHEREAS, Rezoning #03 05 for North Stephenson, Inc., was submitted by Greenway Engineering to rezone 79.13 acres from RA (Rural Areas) District to M1 (Light Industrial) District. These properties front on the east side of Martinsburg Pike (Route 1 1 North), just north of the Interstate 81 Exit 317 northbound off-ramp, immediately northeast ofRedbud Road (Route 661), in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINs) 43 -A -150, 43 -A -151, 43 -A -151 A, 43 -A -152, 43C- 3-2, 43C -3 -3, 43C -3 -4, 43C -3 -4A, 43C -3 -5 and 43C -3 -7A. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 26, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 79.13 acres from RA (Rural Areas) District to M1 (Light Industrial) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. 11312es. 17 -05 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03 -05 FOR NORTH STEPHENSON, INC. This ordinance shall be in effect on the date of adoption. Passed this 26th day of April, 2005 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester Lynda J. Tyler Gene E. Fisher PDRes. #17-05 Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator December 28, 2004 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: North Stephenson Rezoning Proposal Zoning District: RA (Rural Areas) Dear Mr. Wyatt: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of December 21, 2004. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley and information associated with the Frederick County Rural Landmarks Survey Report as well as information provided by the applicant. Historic Resources Advisory Board Concerns The 79.13 -acre parcel proposed for rezoning from the RA (Rural Areas) District to the M1 (Light Industrial) District is located within the study area of the Second Battle of Winchester and the study area of the Third Battle of Winchester. Some members did have concerns that development of the property proposed for rezoning would impact preserved Civil War battlefield land and the Stine Property located further along Red Bud Road (Route 661). If this property is developed as a M I use, the FIRAB suggests the following be considered to mitigate impacts on the historic resources: Screening: Intensive screening to hide this proposed development from the Stine Property as well as the battlefield areas is strongly recommended. The use of native trees for this screening is desired. Highway Marker. The installation of a highway marker and directional sign is recommended to show the way through the industrial park to the historic area /battlefield sites due to the potential closing of Redbud Road. Please contact me with any questions concerning these comments from the FIRAB. Sincerely, Candice E. Perkins Planner 11 CEP /dlw cc: Bessie Solenberger, HRAB Chairperson Lynda J. Tyler, Stonewall District Supervisor Michael Ruddy, Deputy Director 9 FR EDERICK COUNTY PLANNING DEVELLPMENT 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FA F: 540/665-6395 By I LI DEC 2 9 2004 To be completed by Planning Sta Zoning Amendment Number -0r PC Hearing Date V/4 °S 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane 2. Property Owner (if different from above) Name: North Stephenson, Inc. Location map Plat Deed to Property Verification of taxes paid �r3 s E V E E MAR 3 2005 FREDERICK COUNTY PLANNING DEVELOPMENT REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Fee Amount Paid 4 y7 Date Receive 3�3/oc BOS:FIearing Date 4/161/as' The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. Winchester, VA 22602 Address: 1800 Martinsburg Pike Winchester, VA 22603 3. Contact person if other than above Name: Evan Wyatt Telephone: 662 -4185 Telephone: 667 -4919 Telephone: 662 -4185 4. Checklist: Check the following items that have been included with this application. Agency Comments Fees Impact Analysis Statement Proffer Statement PARCEL ID NUMBER USE ZONING 43- ((A)) -99 Unimproved B2, B3 MI Districts 43 -((A)) -100 Residential B2 District 43 -((A)) -147 Unimproved RP District 43 -((A)) -149 Residential RP District 43 -((A)) -153 Residential RA District 43 -((A)) -154 Utility Substation RA District 43 -((A)) -158 Unimproved RA District 43C- ((3)) -6 Residential RP District 43C- ((3)) -9 Residential RP District 43C- ((5)) -15 Residential RA District 43- ((5)) -16 Residential RA District 43C- ((5)) -17 Residential RA District 44- ((A)) -26 Unimproved RA District 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: North Stephenson, Inc.; Keven Omps John Omps 6. A) Current Use of the Property: Trucking; Residential Agricultural B) Proposed Use of the Property: Trucking Light Industrial 7. Adjoining Property: 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject properties front on the east side of Martinsburg Pike (U.S. Route 11 North), just north of the Interstate 81 Exit 317 northbound off -ramp, and immediately east of Redbud Road (Route 661) in the Stonewall Magisterial District. Acres Current Zoning Zoning Requested 79.13 RP RA District MI District 79.13 Total Acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number 43 -((A)) -150; 43- ((A)) -151: 43- ((A)) -151A; 43 -((A)) -152: 43C- ((3)) -2: 43C- ((3)) -3; 43C- ((3)) -4; 43C- ((3))-4A: 43C- ((3)) -5; 43C- ((3)) -7A Districts Magisterial: Stonewall High School: James Wood Fire Service: Clearbrook Middle School: James Wood Rescue Service: Clearbrook Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non Residential Lots: Number of Units Proposed Townhome: Multi Family Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 800,000 sq.ft. maximum structural area for light industrial and trucking 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. 1 Applicant(s): l 1 Owner (s): Date: 2115 /o5 Date: e S Date: �I I -U Know All Men By These Presents: That I (We) (Name) North Stephenson, Inc., Keven Omps John Omps (Phone) (540) 667 -4919 (Address) 1800 Martinsburg Pike Winchester, VA 22603 the owner(s) of all those tracts or parcels of land "Property') conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. Refer to Attached Property List on Page y and is described as Parcel: Refer to Attached Property List Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above ascribed Property, including: Z Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until itis otherwise rescinded or modified. In witness thereof,') (we) have hereto set my (our) hand and seal this lsr day of> S 200 S, Signature(s) vh ha Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 otary Public ed to the nowledge 0 ame State of Virginia, City/County of To wit' i ai Public in and for the jurisdiction aforesaid, certify that the person(s) g instr ment and who I (are) known to me, personally appeared 2 me in the jurisdiction aforesaid this lzr day off 3c 200 SS_ 'r My Commission Expires: Iy 3 U MAR 3 2005 rnrucnion I.VUN I PLANNING DEVELOPMENT File #3485 /EAW North Stephenson, Inc. Rezoning Adjoining Property Parcel ID Number Use Zoning 43-((AD-99 Undeveloped B2, B3, MI 43 -((A)) -100 Residential B2 43 -((A)) -147 Undeveloped RP 43 -((A)) -149 Residential RP 43- ((A)) -I53 Residential RA 43 -((A)) -154 Public RA 43 -((A)) -158 Undeveloped RA 43C- ((3)) -6 Residential RP 43C- ((3)) -9 Residential RP 43C- ((5)) -15 Residential RA 43C-((5D-16 Residential RA 43- ((5)) -17 Residential RA 44- ((A)) -26 Undeveloped RA North Stephenson, Inc. Rezoning Location Map