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HomeMy WebLinkAbout14-05 ApplicationOctober 13, 2005 Mr. Robert Marano JCA IV White Hall, LLC 8531 Pulaski Highway Baltimore, MD 21237 RE: REZONING #014 -05, JCA IV WHITE HALL, LLC Dear Mr. Marano: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 12, 2005. The above referenced application was approved to rezones acres from RA (Rural Areas) District to M1 (Light Industrial) District and 15 acres from M1 District to M1 District with modified proffers. The properties are located 950 feet west from Interchange 323 off I- 81, approximately 2,560 feet south of Rest Church Road, along proposed Zachary Ann Lane, in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINS) 33 -9 -6, 33 -9 -7 and 33 -9 -8. The proffer that was approved as a part of this rezoning application is unique to this properly 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/bad COU cc: 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 October 13, 2005 Mr. Robert Marano JCA IV White Hall, LLC 8531 Pulaski Highway Baltimore, MD 21237 RE: REZONING #014 -05, JCA IV WHITE HALL, LLC Dear Mr. Marano: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 12, 2005. The above referenced application was approved to rezones acres from RA (Rural Areas) District to MI (Light Industrial) District and 15 acres from M1 District to M1 District with modified proffers. The properties are located 950 feet west from Interchange 323 off I- 81, approximately 2,560 feet south of Rest Church Road, along proposed Zachary Ann Lane, in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINS) 33 -9 -6. 33 -9 -7 and 33 -9 -8. 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/bad cc: 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 Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 REZONING APPLICATION #14 -05 JCA IV WHITEHALL, LLC Staff Report for the Board of Supenisors Prepared: September 30, 2005 Staff Contact: Michael T. Ruddy, Deputy 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: 09/21/05 Recommended Approval Board of Supervisors: 10/12/05 Pending D PROPOSAL: To rezone 5.00 acres from RA (Rural Areas) District to M1 (Light Industrial) District and 15 acres from Ml (Light Industrial) District to MI (Light Industrial) District with modified proffers. LOCATION: The property is located approximately 950 feet west from interchange 323 off 1 -81, approximately 2,560 feet south of Rest Church Road, along proposed Zachary Ann Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33 -9 -8, 33 -9 -7, and 33 -9 -6 PROPERTY ZONING: RA (Rural Areas) District and M1 (Light Industrial) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: B3 (Industrial Transition) South: RA (Rural Areas) East: Interstate 81 /M1 /RA West: RA (Rural Areas) Use: Vacant Use: Residential Use: Business Park /Residential /Vacant Use: Orchard PROPOSED USES: M1 (Light Industrial) District Uses Caterpillar Maintenance and Sales Facility Rezoning #14 -05 JCA IV Whitehall, LLC September 30, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 669 and Rest Church Road. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the JCA IV Whitehall, LLC Rezoning /TIA application dated July 18, 2005. revised August 5, 2005, addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.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: Water Supply (i.e. fire hydrants) will need to be addressed when site plan is submitted. Plan approval recommended. Public Works Department: Please see attached letter dated July 26, 2005 and signed by Harvey E. Strawsnyder, Jr., P. E., Director of Public Works. Frederick County Inspections: (No comment sheet received) Frederick- Winchester Service Authority: Water and sewer must be brought to the site from the east side of 1 -81. Sanitation Authority: No comment. Frederick Winchester Health Department: The Health Department has no objection to the request as long as public water and sewer are provided. Department of Parks Recreation: No comment. Department of GIS: (No comment sheet received) Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Frederick County Attorney: (No comment sheet received) Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. Rezoning #14 -05 JCA IV Whitehall, LLC September 30, 2005 Page 3 Planning Zoning: 1) Site History On December 12, 1990, the Frederick County Board of Supervisors approved Rezoning application #009 -90 of Whitehall Business Park for the rezoning of 15.03 acres from RA (Rural Area) to M -1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B -3 (Industrial Transition). This was a proffered rezoning application (a copy of the original proffers is included in this agenda package). A Master Development Plan, MDP #003 -96, was subsequently approved for the development of the Whitehall Business Park on June 6, 1996. The Master Development plan identified the development of the Whitehall Business Park within two phases and also envisioned the creation of eight lots. The first five lots were identified as being within the B3 (Industrial Transition) District and the remaining three lots, lots six, seven, and eight, within the M1 (light Industrial) District. Lots six, seven, and eight totaling 15.03 acres are one part of this rezoning application. It is the applicants desire to modify the proffers associated with these three parcels and is therefore requesting a rezoning from MI (Light Industrial) to M1 (Light Industrial) with modified proffers. In addition, the applicant is requesting the rezoning of five acres from RA (Rural Areas) to M1 (Light Industrial) District with proffers. On July 8, 2005, a Boundary Line Adjustment Plat was approved by Frederick County that added five acres to lot 8 of the Whitehall Business Park. The five acres was adjusted from the adjoining parcels 33 -A -89 and 33 -A -90 owned by Fruit Hill Orchard, LLC. As shown on the exhibits accompanying this rezoning application, the addition of this five acre piece of land created a more regularly shaped lot and a lot which is more developable under the M l (Light Industrial) zoning classification. The net result of this rezoning application would be a 20.035 acre parcel that is zoned M I (light Industrial) with new proffers. 2) Comprehensive Police 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 -1J Land Use The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. In addition, the JCA IV Whitehall, LLC property is located within the area encompassed by the Northeast Frederick Land Use Plan. Rezoning #14 -05 JCA IV Whitehall, LLC September 30, 2005 Page 4 The Northeast Frederick Land Use Plan envisions commercial land uses on the property. The JCA IV Whitehall, LLC Property application proposes a rezoning, oflightindustrial/commercial land use which provides for a large area of commercial opportunity in conjunction with the Interstate 81 and Exit 323. A goal of the Northeast Frederick Land Use Plan is to provide for interstate business development opportunities to take advantage of the interstate and its interchanges. In addition, the Plan encourages industrial uses to locate within master planned areas. The Comprehensive Plan further identifies that new industrial uses should be located near interchanges and in the vicinity of existing industrial areas and parks where appropriate access and facilities are available. The Comprehensive Plan seeks to provide for quality business and industrial areas. The addition of the five acres of RA (Rural Areas) land into the Whitehall Business Park under the M1 (Light Industrial) zoning classification would be consistent with the existing Whitehall Business Park development and would further the land use goals of the Comprehensive Plan. Transportation The Frederick County Northeast Land Use Plan provides the guidance regarding future arterial and collector road connections in the Northeastern 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 of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). 3) Site Suitability /Environment The 20 -acre site has approximately 1940 feet of frontage along Interstate 81. Located about 350 feet south of the intersection of Rest Church Road (Route 669) and Zachary Ann Lane, and in the immediate vicinity of Exit 323 of Interstate 81, the subject property is ideally located to take advantage of the business development opportunities provided by the interstate. The development of such an opportunity is an objective of the Northeast Land Use Plan. The acreage that makes up this property does not contain areas of steep slopes. The property does contain areas of mature woodlands, primarily on lot 8. Efforts have been made by the applicant in the Proffer Statement to minimize the disturbance of areas of mature woodlands along the southern perimeter of the property and along the Interstate 81 frontage. The Frederick County Rural Landmarks Survey does not identify potentially significant historic resources or historic district on, or within, the proximity of this acreage. Rezoning #14 -05 —JCA IV Whitehall, LI.,C September 30, 2005 Page 5 4) Potential Impacts Potential Impact Summarv. In evaluating the JCA IV Whitehall, TLC rezoning application it is very important to recognize that 15.03 acres are presently zoned MI (Light Industrial). The impacts associated with this acreage were generally addressed with the County's approval of Rezoning Application #009 -90 for the Whitehall Business Park and the subsequent development of the 52 acre Whitehall Business Park. The applicant is proposing to construct a Caterpillar Maintenance and Sales Facility which will be located on the area of the property that is presently zoned MI (Light Industrial). The addition of the five acres would enable a greater amount of flexibility in the design and layout of the site and facility. While the impacts associated with the entire project should be evaluated, the greatest change in land use is with the proposed change of five acres from RA (Rural Areas) to Ml (Light Industrial). The application does not specifically proffer a use or building square footage for the five acres. With this in mind, the maximum possible business and industrial intensity, based on trip generation and fiscal impact on capital facilities identified in the rezoning application package that could be generated by this five acre parcel is approximately 24, 750 square feet of general office use per acre of use. This would total 123,750 square feet of General Office Use. The Fiscal impact model was run based upon the development of the twenty acre parcel in its entirety to provide the County and the applicant with an overall understanding ofthe impact of the project. Consideration should be given to the impacts of this rezoning request with particular attention to the five acres that is requested to be modified from RA(Rural Areas) to M 1 (Light Industrial). A. Transportation The applicant has evaluated the transportation impacts associated with this rezoning application and the development of the property. In conjunction with the Virginia Department of Transportation it was determined that a more detailed Traffic analysis would not be required. This determination was primarily based upon the limited scope ofthe rezoning application, the improvements provided with the development of the Whitehall Business Park, and the recently completed improvements to Rest Church Road (Route 669) and its interchange with Interstate 81. The applicant has addressed the intersection of Rest Church Road (Route 669) and Zachary Ann Lane. In addition, the applicant has identified improvements that will be made to Zachary Ann Lane to address the concerns of the Virginia Department of Transportation. All of the transportation improvements identi tied in the proffer statement will be implemented prior to the issuance of an occupancy permit for the proposed facility. The Master Development Plan for the Whitehall Business Park envisions Zachary Ann Lane running to the northern limits of Lot 8. The development of the rezoned property will involve extending Zachary Ann Lane to their property which is at the northern limits of Lot 6. This modification to Zachary Ann Lane proposed by the applicant will be achieved in conjunction with the Master Development Plan process. The addition of this acreage to the Whitehall Business Park will entail a modification to the Master Development Plan. Rezoning #14-05 JCA IV Whitehall, LLC September 30, 2005 Page 6 B. Sewer and Water New commercial land uses located within the Northeast Frederick Land Use Plan are recommended to be developed with public water and sewer service. Individual package treatment plants are prohibited as a means to accommodate new commercial development. Unlike the original Whitehall Business Park rezoning application for this property, this current application, RZ14 -05, provides for the development of, and connection to, the public water and sewer system in a manner consistent with the Comprehensive Plan. The applicant has been participating with the Sanitation Authority to make the extension of water and sewer to the Whitehall Business Park possible. It is anticipated that the five acre portion of the rezoning application could generate approximately 18,595 gallons per day of sewage flow and 37,190 gallons per day of water usage. However, it should be recognized that the building that is anticipated to be constructed on the site will be located entirely on the portion of the property that is currently zoned M1 (Light Industrial). Wastewater generated by this project will be treated at the Opequon Waste Water Treatment Plant. The applicant has stated that they will be using a water reclamation system for operations associated with this development. C. 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. As noted previously, the Fiscal impact model was run based upon the development of the twenty acre parcel in its entirety to provide the County and the applicant with an overall understanding of the impact of the project. The Fiscal Impact Model output for this project indicates a net positive fiscal impact. 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 $0.015 per square foot of structural development on the property. 5) Proffer Statement Dated August 8, 2005 (Revised August 18,2005) The proffers provided with the JVA IV Whitehall, LLC. rezoning application replace those which previously applied to the 15.03 acres presently zoned MI (Light Industrial). The original proffers were previously proffered with Rezoning #009 -90. This proffer statement is applicable to the entire 20.035 acres, including the five acres of RA (Rural Areas) zoned land. A) Transportation The applicant has not provided a generalized development plan for this application as no new road connections are to be provided. However, an exhibit has been offered that illustrates the proffers in general. The applicant has proffered to address the road configuration at the intersection of Rest Church Road and Zachary Ann Lane to the satisfaction of VDOT, to Rezoning #14 -05 JCA IV Whitehall, LLC September 30, 2005 Page 7 construct and pave Zachary Ann Lane from Rest Church Road to Lot 6 of the Whitehall Business Park, and to add additional improvements to Zachary Ann Lane. B) Water and Sewer The applicant has proffered to extend public water and sewer service from the cast side of Interstate 81 to their development to the satisfaction of the Frederick County Sanitation Authority. C) Landscaping and Tree Preservation The applicant has proffered to provide a 50'woodlands buffer along the southern property line of the property to be rezoned. In addition, the applicant has proffered to maintain a variable width buffer for the purpose of maintaining existing trees along the Interstate 81 frontage of Lot 8. D) Monetary Contribution The applicant has proffered a monetary contribution in the amount of $0.015 per building square foot to Frederick County to offset the impacts generated on Frederick County's Fire and Rescue Services. STAFF CONCLUSIONS FOR 09/21/05 PLANNING COMMISSION MEETING: The JCA IV Whitehall_ LLC. rezoning application is generally consistent with the goals of the Comprehensive Plan as described in the staff report. The Planning Commission should ensure that any impacts associated with this rezoning request have been fully addressed by the applicant. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/21/05 MEETING: The applicants provided a powetpoint presentation highlighting their company and the proposed project. Commission members inquired about the water reclamation system and how it would function; they also asked how the residue, such as oil skim or other by- products, would be accumulated and disposed. The applicants described the water reclamation system they anticipate installing, noting that approximately 50 -60% of' wash water will be recycled within the truck wash and almost 100% of the wash -pit water for heavy equipment will be recycled. The applicants commented that their wash -pit water is tested every 18 months for contaminants. They said that primarily dirt and mud comes off of the tractors, which is non- hazardous and can be disposed of normally. The applicants stated that an oil water separator will be internal to the building within the truck wash. A Commission member asked about oil -water separators in the parking lot area. The applicants said they had considered it, but were not that far along in the design process. There were no public comments. The Planning Commission unanimously recommended approval of the rezoning with the proffers offered by the applicant. (Note: Commissioners Straub and Triplett were absent from the meeting.) OUTPUT MODULE APPLICANT: Albin Tractor Net Fiscal Impact LAND USE TYPE Industrial Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV1 Total Potential Adjustment For REAL EST VAL $8,133,927 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE RESCUE 1 Capital Faciltiies col sum only) Oper Cap Equip Expend /Debt S. Taxes Other (Unadjusted) Cost Balance Facilities Impact Dwel inq Unit Fire and Rescue Department $43,318 $0 $0 $43,318 #D V /0! Elementary Schools $0 Middle Schools $0 $0 $0 $0 $0 $0 #D V /0! High Schools $0 Parks and Recreation SO $0 $0 $0 $0 #D V /0! Public Library $0 $0 $0 $0 $0 #D V /0! Sheriffs Offices $0 51,870 $0 $0 $1,870 51,870 $0 #D V /0! Administration Building $0 $0 $0 $0 $0 #D V /O! Other Miscellaneous Facilities $0 $4,483 $4,949 $9,432 $9.432 $0 #D V /0! SUBTOTAL $43,318 $6,352 $4,949 $0 $11,302 511,302 $32,016 #D V /0! LESS: NET FISCAL IMPACT $778,163 $778,163 5778.163 ($778 1631 #D V /0! NET CAP. FACILITIES IMPACT METHODOLOGY: NOTES: Model Run Date 08/05/05 INDEX: "1.0" If Cap. Equip Included INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg PLANNING DEPT PREFERENCES Project Description: Assumes 120,000 square feet on 20 acres zoned M1 District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 1.0 1.0 0.0 1.0 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -time taxes /fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). Rev -Cost Bal Ratio to Co Avg NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. 1.000 1.342 $0 I #DIV /0! Mr. David E. Lellock, P.E., L.S. Urban Engineering and Associates, Inc. 600 Pegasus Court, Suite 101 Winchester, Virginia 22602 RE: Rezoning Application for JCA IV Whitehall. LLC Frederick County, Virginia Dear Mr. Lellock: July 26, 2005 COUNTY of FREDERICK We have completed our review of the proposed rezoning of approximately five (5) acres from RA to M -1 and offer the following comments: HES /ris Refer to page 1, Introduction: Indicate who will be responsible for improving Zachary Ann Lane from Route 669 (Rest Church Road) to Lot 6. These improvements shall be implemented prior to granting a building permit for the proposed facility. Refer to page 2, Sewage Conveyance and Water Supply: The discussion indicates that Urban Engineering will design an eight (8) inch sanitary sewer line and a 12 inch water line to serve the proposed site. Indicate who will be responsible for constructing these utility lines. Refer to page 2, Drainage: Indicate if oil separators will be implemented as part of the stormwater collection system to prevent the off -site migration of petroleum products. Refer to page 2. Solid Waste Disposal Facilities: Complete the calculation to determine the impact on our regional landfill facility. Also, indicate who will be responsible for the collection and transport of the solid waste. I can be reached at 722 -8214 if you have any questions regarding the above comments. cc: Planning and Development Sincerely, 4- Harvey E?- trawsnyder. Jr., P.E. Director of Public Works CAProgram Files \WordPerfect Office 11\ RLundaUC: AIFIYIIITELIALLCATEPILLARRE ZC'O \I.wpd 107 North Kent Street Winchester, Virginia 22601 -5000 Department of Public Works 540/665 -5643 FAX: 540/678 -0682 33 12 13 RATES, MARK 33 A 50 FRUIT HILL ORCHARD, INC 5 Acres RA to M1 33 A 85 GRAY. CARD K.8 BRENDA S. 15 Acres M1 to M1 wl Modified Proffers HITE HALL LL 33 A 91 JOHNSON, CHERYL D ETALS ERS ELECTRA STE 39 A 1016 BURIIMT PROPERTIES, LLC 33 A IOlt CLARK. PAUL E SR 65HIRLEY 33 A 100 MAVEN, MANUEL C. 33 A1101 33 A 101 OEHAVEN, MANUEL C. Map Features APPIiu4on A/ snag. „Culverts L.LeW<nde N Dams Ste' N Ramona Wet Q Boiler Re Centerlines GE I Trs Timis 0 Peal CO PTO REZ 14 05 JCA IV (33 -9- 6,7,8) JOHNSON 0 125 250 500 1 Feet q 33 A K OOHECHARLESA& BE A 95 103NY WILL 33 A %A 33 AQK Q ROBERT W 0Vewmap BUNIONS, DOROT `OY PIO N ROBERT W VIRGINIA G N 9 334 1 15A OEHAVEN,MANUELC. 1033A 1 1A RREBEE, JUNIOR A EDITH W. LEAS N OA CIORq J COL[ oq Y 1 B 0006. MICHAEL 0.6 BETTY L. SCRIVE 33 5 k ELL'OANO OA PAUL f 6 USA000DWIN 0 33 A 69 FRUIT HILL ORCHARD, INC 33A 1 7 DAUGHERTY. WILLIAM B JR 1 334 1 6 OAUGNERTY, WILLIAM R JR 3381 00NNELL, WILLIAM E 8 BRENDA 33A 1 1 O'DONNEL�L NALLIAJI E BRENO&G '33 A 10 HEIRS Of DAVIS LEE LEONARD. SR SHANHOLTZ -FUOK. 58 JENNINGS;THOMAS ROY 133AYA 1 PA 1 CONE, BEi^ ALLANSON, EDWARD E 6 BRENONERNS„ VE RKHARD A 1 19 L ROBY; PXILLIP WENOELL 8 KIMBERLY F Y L/ 3]A t 4 ROSY; PXILLIP W`ELL`& KIMBERLY F fmti E7A HOLLIDAY, EVELYN L. 3A 1 17 33 A 194 DEHAVEN, MANUEL C. 15 Acres M1 to M1 w/ Modified Proffers 33 A 1013 BURKHART PROPERTIES, LLC llA 1'1A ROBY, PHILLIP WENDELLB KIMBERLY .F 1 A_1�11A 9011 3 AFY, EVELYN C 33 A 96A AA 33A� COMPTON. R06ER3 W8 pnmuu0 0463195, BORGLHY'i' A CoMP30N; ROBERT WB `ARG NIA G� 4 JOHNSON CHERYL OfEIALS A 92 33 A 93. TWOnHY W JOHNSON., TIMOTHY W P M e 333 19 34 FERREBEE NNIOR A EDITH W. 334133 BAUGHERTW WILLIAM B JR f33A 1 111 *1 10 �j DAUGHERTY. WILLIAM B JR B CORGCRU050110 VID OAJ PAUL Fl L5AG0001YiH &m9. 9.,-"n Ncol,.n I..ew,m, N wm. fivwms N Retaining Wens 8ubm9s Road Centerlines O Tam, AP 'N. balk MONNELLWILL IAME60RENDAG O llA 1 E O' OOMNElL W111IA4E60REN0AG J• '03/11/2005 14:53 540450 10 To he completed by Plahnung Staff c0 Fee Amount Paid S 2 5 .oning Amendment Npmber Date Received BUS blearing Datejd PC Hearing Date !Nor The f rllo' ring inl'nr notion shall he prnvirled ht- th applicant: All parcel idcnlillcation numbers, decd book and page nambcrs may be obtained from the Office of the Cotmnissioncr of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: N am. JCA IV White Hall, LLC. Telephone: 410- 780 -7200 Adclrs 8531 Pulaski Highway Baltimore, MD 21237 Contact: Robert Marano 2. Property Owner (if different than above) Name: Address: 3. Contact person if other tltatt above N ame: David E. Lellock REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA TURBAN ENGINEERING PAGE 02/05 i ll its Telephone: i'cie.phonc:5 450 -0211 4. Checklist: Check the following. items that have been included with this application. Location map Agency Comments Plat Pccs Decd to properly Impact Analysis Statement Verification of taxes paid ProlThr Statement AUG 1 2 2005 F. PlA" 1 08/11/2005 14:53 54045E-1H 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 and to be rezoned: JCA IV Whitehall, LLD. 6. A) Current Use of the Property: 1 /acant, Zoned RA 13) Proposed Use of the Property: Caterpillar Maintenance and Sales Facility 7. Adjoining Property: PARCEL. ID NUMBER See Attachment "A" USE URBAN ENGINEER NG PAGE 03/05 Z ONING 8. Location: The properly is located at (tbve exact location based on nearest road and distance from nearest intersection, using road names and route numbers); Approximately 950 feet west from Interchange 323 on 1 -81 then approximately 2560 south along proposed Zachary Ann Lane Acres Current Zoning Zoning Requested r 5.00 RA M-1 15.035 M-1 M -1/ No Change 20.035 Total acreage to he rezoned 03/11/2005 14:53 54045010 URBAN ENGINEEG_THIG PAGE 04/05 Information to be Submitted for Capital Facilities 3mpaet Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide inlbnttation concerning the specifics or the proposed use. Otherwise, the planning staff will use the maximum possible density or intensify scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number 33 Oil 6,7,8 3 3c S Magisterial: Stonewall Fire Service: Clearbrook Rescue Service: Clearbrook Districts l ligh School: James Wood Middle School: James Wood 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 oi' rezoning proposed Number of Proposed Single Fancily horses: 'I :Multi- Family: Non Residential Lots: Mobile 1 -Tome: I -lolel Rooms: Square Pootaee of Proposed Uses Office: Service Station: Retail, Nia,iu fact tiring: Restaurant: R'arehmse: 120,000 Other: 08/11/2005 14:53 540450 10 12. Signature: I (we), the undersigned, do hereby respect !idly make application and petition the Frederick County Board of Supervisors to amend the zoning tudinance and to change the zoning map of Frederick County, Virginia. 1 (WC) 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 Ihc. Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as 10 be visible from the road right- nl=evav until the hearing. I (ewe) hereby certify that this application and its accompanying materials are true and accurate 10 the best of my (our) knowledge. Applicant(s): Owner(s): URBAN ENGIrlEE31NG PAGE 05/05 Dale: 1l 0 C Date: Dale: Dale: IA A 6C Parcel ID Number Use Zoning Name Address 33 -A -88 RA David K. Brenda S. Gray P.O. Box 40 Clearbrook, VA 22624 33 -A -89 33 -A -90 RA Fruit Hill Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 33 -9 -1 83 CFJ Properties DBA Flying J Travel Attn: Tax Dept. P.O. Box 150310 Ogden, UT 84415 33 -9 -4 M1 A B White Hall, LLC 8531 Pulaski Highway 33 -9 -6; 33 -9 -7 33 -9 -8 M1 JCA IV White Hall, LLC 8531 Pulaski Highway Baltimore, MD 21237 33 -5 -21 33 -5 -22 RA Robin L.V. Joan F. Kibler 172 Ruebuck, Road Clearbrook, VA 22624 33 -5 -23 RA Roy A. Cooper 224 Ruebuck Road Clearbrook, VA 22624 33 -5 -24 RA Greggory S. Grove 280 Ruebuck Road Clearbrook, VA 22624 23 -A -17 RA The Interstate Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 23 -A -14 RA Edward L., Jr. Nancy Lee Bulter 1333 Rest Church Road Clearbrook, VA 22624 23 -A -13 RA Edward L. Butler, Jr. ETAL 1333 Rest Church Road Clearbrook, VA 22624 23 -8 -14 RA Basma Khalid 1287 Rest Church Road Clearbrook, VA 22624 23 -8 -15 RA Kevin L. Tammy F. Enns 114 Ruebuck Road Winchester, VA 22624 33 -A -100 RA Manuel C. Dehaven 4273 Martinsburg Pike Clearbrook, VA 22624 33 -A -101 D 33- A -101C RA Paul E., Sr. Shirley Clark 4317 Martinsburg Pike Clearbrook, VA 22624 33 -A -101 B RA Burkhart Properties, LLC P.O. Box 37 Clearbrook, VA 22624 ATTACMENT "A" Adjoining Property Information JCA IV White Hall, LLC Sheet 1 of 2 Parcel ID Number Use Zoning Name Address 33 -A -97; 33 -A -98; 33 -A -99 33- A -101A M1 Riemer Electra Steam, Inc. P.O. Box 37 Clearbrook, VA 22624 33 -A -96 33 -A -96A RA Robert W. Virginia G. Compton 4455 Martinsburg Pike Clearbrook, VA 22624 33 -A -95 RA Timothy William Johnson 4469 Martinsburg Pike Clearbrook, VA 22624 33 -9 -5 B3 Professional Mobile Home Brokers 1790 Berryville Pike Winchester, VA 22603 ATTACMENT "A" Adjoining Property Information JCA IV White Hall, LLC Sheet 2 of 2 REZONING APPLICATION #14 -05 JCA IV WHITEHALL, LLC Staff Report for the Planning Commission Prepared: September 8, 2005 Staff Contact: Michael T. Ruddy, Deputy 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: 09/21/05 Pending Board of Supervisors: 10/12/05 Pending PROPOSAL: To rezone 5.00 acres from RA (Rural Areas) District to M I (Light Industrial) District and 15 acres from M1 (Light Industrial) District to M1 (Light Industrial) District with modified proffers. LOCATION: The property is located approximately 950 feet west from interchange 323 off I -81, approximately 2,560 feet south of Rest Church Road, along proposed Zachary Ann Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33 -9 -8, 33 -9 -7, and 33 -9 -6 PROPERTY ZONING: RA (Rural Areas) District and MI (Light Industrial) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: B3 (Industrial Transition) South: RA (Rural Areas) East: Interstate 81/M1/RA West: RA (Rural Areas) Use: Vacant Use: Residential Use: Business Park/Residential /Vacant Use: Orchard PROPOSED USES: MI (Light Industrial) District Uses Caterpillar Maintenance and Sales Facility Rezoning #14 -05 JCA IV Whitehall, LLC September 8, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 669 and Rest Church Road This route is the VDOT roadway which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the JCA IV Whitehall, LLC Rezoning /TTA application dated July 18, 2005, revised August 5, 2005, addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.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: Water Supply (i.e. fire hydrants) will need to be addressed when site plan is submitted. Plan approval recommended. Public Works Department: Please see attached letter dated July 26, 2005 and signed by Harvey E. Strawsnyder, Jr., P.E., Director of Public Works. Frederick County Inspections: (No comment sheet received) Frederick Winchester Service Authority: Water and sewer must be brought to the site from the east side of I -81. Sanitation Authority: No comment. Frederick- Winchester Health Department: The Health Department has no objection to the request as long as public water and sewer are provided. Department of Parks Recreation: No comment. Department of GIS: (No comment sheet received) Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Frederick County Attorney: (No comment sheet received) Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. Rezoning #14 -05 JCA IV Whitehall, LLC September 8, 2005 Page 3 Planning Zoning: 1) Site History On December 12, 1990, the Frederick County Board of Supervisors approved Rezoning application #009 -90 of Whitehall Business Park for the rezoning of 15.03 acres from RA (Rural Area) to M -1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B -3 (Industrial Transition). This was a proffered rezoning application (a copy of the original proffers is included in this agenda package). A Master Development Plan, MDP #003 -96, was subsequently approved for the development of the Whitehall Business Park on June 6, 1996. The Master Development plan identified the development of the Whitehall Business Park within two phases and also envisioned the creation of eight lots. The first five lots were identified as being within the B3 (Industrial Transition) District and the remaining three lots, lots six, seven, and eight, within the Ml (light Industrial) District. Lots six, seven, and eight totaling 15.03 acres are one part of this rezoning application. It is the applicants desire to modify the proffers associated with these three parcels and is therefore requesting a rezoning from M1 (Light Industrial) to M1 (Light Industrial) with modified proffers. In addition, the applicant is requesting the rezoning of five acres from RA (Rural Areas) to M1 (Light Industrial) District with proffers. On July 8, 2005, a Boundary Line Adjustment Plat was approved by Frederick County that added five acres to lot 8 of the Whitehall Business Park. The five acres was adjusted from the adjoining parcels 33 -A -89 and 33 -A -90 owned by Fruit Hill Orchard, LLC. As shown on the exhibits accompanying this rezoning application, the addition of this five acre piece of land created a more regularly shaped lot and a lot which is more developable under the M1 (Light Industrial) zoning classification. The net result of this rezoning application would be a 20.035 acre parcel that is zoned M1 (light Industrial) with new proffers. 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. I -11 Land Use The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. In addition, the JCA IV Whitehall, LLC property is located within the area encompassed by the Northeast Frederick Land Use Plan. Rezoning #14 -05 JCA IV Whitehall, LLC September 8, 2005 Page 4 The Northeast Frederick Land Use Plan envisions commercial land uses on the property. The JCA IV Whitehall, LLC Property application proposes a rezoning of light industrial /commercial land use which provides for a large area of commercial opportunity in conjunction with the Interstate 81 and Exit 323. A goal of the Northeast Frederick Land Use Plan is to provide for interstate business development opportunities to take advantage of the interstate and its interchanges. In addition, the Plan encourages industrial uses to locate within master planned areas. The Comprehensive Plan further identifies that new industrial uses should be located near interchanges and in the vicinity of existing industrial areas and parks where appropriate access and facilities are available. The Comprehensive Plan seeks to provide for quality business and industrial areas. The addition of the five acres of RA (Rural Areas) land into the Whitehall Business Park under the MI (Light Industrial) zoning classification would be consistent with the existing Whitehall Business Park development and would further the land use goals of the Comprehensive Plan. Transportation The Frederick County Northeast Land Use Plan provides the guidance regarding future arterial and collector road connections in the Northeastern 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 of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). 3) Site Suitabilitv /Environment The 20 -acre site has approximately 1940 feet of frontage along Interstate 81. Located about 350 feet south of the intersection of Rest Church Road (Route 669) and Zachary Ann Lane, and in the immediate vicinity of Exit 323 of Interstate 81, the subject property is ideally located to take advantage of the business development opportunities provided by the interstate. The development of such an opportunity is an objective of the Northeast Land Use Plan. The acreage that makes up this property does not contain areas of steep slopes. The property does contain areas of mature woodlands, primarily on lot 8. Efforts have been made by the applicant in the Proffer Statement to minimize the disturbance of areas of mature woodlands along the southern perimeter of the property and along the Interstate 81 frontage. The Frederick County Rural Landmarks Survey does not identify potentially significant historic resources or historic district on, or within, the proximity of this acreage. Rezoning #14 -05 JCA IV Whitehall, LLC September 8, 2005 Page 5 4) Potential Impacts Potential Impact Summary. In evaluating the JCA IV Whitehall, LLC rezoning application it is very important to recognize that 15.03 acres are presently zoned MI (Light Industrial). The impacts associated with this acreage were generally addressed with the County's approval of Rezoning Application #009 -90 for the Whitehall Business Park and the subsequent development of the 52 acre Whitehall Business Park. The applicant is proposing to construct a Caterpillar Maintenance and Sales Facility which will be located on the area of the property that is presently zoned MI (Light Industrial). The addition of the five acres would enable a greater amount of flexibility in the design and layout of the site and facility. While the impacts associated with the entire project should be evaluated, the greatest change in land use is with the proposed change of five acres from RA (Rural Areas) to M1 (Light Industrial). The application does not specifically proffer a use or building square footage for the five acres. With this in mind, the maximum possible business and industrial intensity, based on trip generation and fiscal impact on capital facilities identified in the rezoning application package that could be generated by this five acre parcel is approximately 24, 750 square feet of general office use per acre of use. This would total 123,750 square feet of General Office Use. The Fiscal impact model was run based upon the development of the twenty acre parcel in its entirety to provide the County and the applicant with an overall understanding of the impact of the project. Consideration should be given to the impacts of this rezoning request with particular attention to the five acres that is requested to be modified from RA(Rural Areas) to MI (Light Industrial). A. Transportation The applicant has evaluated the transportation impacts associated with this rezoning application and the development of the property. In conjunction with the Virginia Department of Transportation it was determined that a more detailed Traffic analysis would not be required. This determination was primarily based upon the limited scope of the rezoning application, the improvements provided with the development of the Whitehall Business Park, and the recently completed improvements to Rest Church Road (Route 669) and its interchange with Interstate 81. The applicant has addressed the intersection of Rest Church Road (Route 669) and Zachary Ann Lane. In addition, the applicant has identified improvements that will be made to Zachary Ann Lane to address the concerns of the Virginia Department of Transportation. All of the transportation improvements identified in the proffer statement will be implemented prior to the issuance of an occupancy permit for the proposed facility. The Master Development Plan for the Whitehall Business Park envisions Zachary Ann Lane running to the northern limits of Lot 8. The development of the rezoned property will involve extending Zachary Ann Lane to their property which is at the northern limits of Lot 6. This modification to Zachary Ann Lane proposed by the applicant will be achieved in conjunction with the Master Development Plan process. The addition of this acreage to the Whitehall Business Park will entail a modification to the Master Development Plan. Rezoning #14 -05 JCA IV Whitehall, LLC September 8, 2005 Page 6 B. Sewer and Water New commercial land uses located within the Northeast Frederick Land Use Plan are recommended to be developed with public water and sewer service. Individual package treatment plants are prohibited as a means to accommodate new commercial development. Unlike the original Whitehall Business Park rezoning application for this property, this current application, RZ 14 -05, provides for the development of, and connection to, the public water and sewer system in a manner consistent with the Comprehensive Plan. The applicant has been participating with the Sanitation Authority to make the extension of water and sewer to the Whitehall Business Park possible. It is anticipated that the five acre portion of the rezoning application could generate approximately 18,595 gallons per day of sewage flow and 37,190 gallons per day of water usage. However, it should be recognized that the building that is anticipated to be constructed on the site will be located entirely on the portion of the property that is currently zoned M1 (Light Industrial). Wastewater generated by this project will be treated at the Opequon Waste Water Treatment Plant. The applicant has stated that they will be using a water reclamation system for operations associated with this development. C. 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, Sheriffs Office and for the Administration Building are calculated and provided to the applicant for their consideration. As noted previously, the Fiscal impact model was run based upon the development of the twenty acre parcel in its entirety to provide the County and the applicant with an overall understanding of the impact of the project. The Fiscal Impact Model output for this project indicates a net positive fiscal impact. 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 $0.015 per square foot of structural development on the property. 5) Proffer Statement Dated August 8, 2005 (Revised August 18,2005) The proffers provided with the JVA IV Whitehall, LLC. rezoning application replace those which previously applied to the 15.03 acres presently zoned M1 (Light Industrial). The original proffers were previously proffered with Rezoning #009 -90. This proffer statement is applicable to the entire 20.035 acres, including the five acres of RA (Rural Areas) zoned land. A) Transportation The applicant has not provided a generalized development plan for this application as no new road connections are to be provided. However, an exhibit has been offered that illustrates the proffers in general. The applicant has proffered to address the road configuration at the intersection of Rest Church Road and Zachary Ann Lane to the satisfaction of VDOT, to Rezoning #14 -05 JCA IV Whitehall, LLC September 8, 2005 Page 7 B) Water and Sewer construct and pave Zachary Ann Lane from Rest Church Road to Lot 6 of the Whitehall Business Park, and to add additional improvements to Zachary Ann Lane.. The applicant has proffered to extend public water and sewer service from the east side of Interstate 81 to their development to the satisfaction of the Frederick County Sanitation Authority. C) Landscaping and Tree Preservation The applicant has proffered to provide a 50'woodlands buffer along the southern property line of the property to be rezoned. In addition, the applicant has proffered to maintain a variable width buffer for the purpose of maintaining existing trees along the Interstate 81 frontage of Lot 8. D) Monetary Contribution The applicant has proffered a monetary contribution in the amount of $0.015 per building square foot to Frederick County to offset the impacts generated on Frederick County's Fire and Rescue Services. STAFF CONCLUSIONS FOR 09/21/05 PLANNING COMMISSION MEETING: The JCA IV Whitehall, LLC. rezoning application is generally consistent with the goals of the Comprehensive Plan as described in the staff report. The Planning Commission should ensure that any impacts associated with this rezoning request have been fully addressed by the applicant. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission.