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HomeMy WebLinkAbout05-06 ApplicationMay 15, 2006 Mr. John C. Lewis Painter Lewis. P.L.0 116 S. Stewart St. Winchester, VA 22601 Dear John: r""" C OUi H vrahJt ICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: REZONING #05 -06, COMMONWEALTH BUSINESS PARK, VENTURES I This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 10, 2006. The above referenced application was approved to rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers. The subject property is located on Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange, and is identified with Property Identification Number 75 -A -91B in the Back Creek 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. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bhd Attachment cc: Barbara E. Van Osten, Board of Supervisors, Back Creek District Cordell Watt and Greg linger, Back Creek Planning Commissioners Jane Anderson, Real Estate Ventures 1, 124 W. Piccadilly St., Winchester, VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 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: April 19, 2006 Recommended Approval Board of Supervisors: May 10, 2006 Pending b PROPOSAL: To rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers LOCATION: Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75-A-91B PROPERTY ZONING: B3 (Industrial Transition Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: North: B3 (Industrial Transition) District South: B3 (Industrial Transition) District East: B3 (Industrial Transition) District West: B3 (Industrial Transition) District PROPOSED USES: Business and Commercial Uses REZONING APPLICATION #05 -06 VENTURES I OF WINCHESTER, LLC COMMONWEALTH BUSINESS CENTER LOT 2 Staff Report for the Board of Supervisors Prepared: May 2, 2006 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Use: Commercial Use: Vacant Use: Interstate 81 Use: Industrial Rezoning #05 -06 Ventures 1. Commonwealth Business Center Lot 2. May 2, 2006 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 11 and 1167. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Commonwealth Business Park Lot 2 rezoning application dated February 13, 2006 address transportation concerns associated with this request. Before development, this office will require a complete set ofconstruction 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: Site plan shall provide municipal water supplies for firefighting to meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Department of Inspections: No Comment. Public Works Department: Refer to page 1, Introduction: The extension of Commonwealth Court will require the relocation of the existing cul -de -sac to the property line shared with Winchester 81, LTC. The final approval and design of this extension will be the responsibility of the Virginia Department of Transportation. Refer to page 1. Introduction: We strongly support the use of a regional stormwater management facility provided there is a mechanism indicated in the proffer statement for maintenance of this facility. Off -site stormwater easements will be required to accommodate point source discharges derived from the stormwater management facility. Frederick Winchester Service Authority: No continents Sanitation Authority: I have reviewed this rezoning request and concur with the Water and Sanitary Sewer remarks. Frederick Winchester Health Department: No Comment. GIS: No Comment. Department of Parks Recreation: No comment. 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: Allowed uses under this rezoning should not effect airside operations of the Winchester Regional Airport. Rezoning #05 -06 Ventures 1, Commonwealth Business Center Lot 2. May 2, 2006 Page 3 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the First and Second Battles of Kernstown and the First and Second Battles of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: Please see the attached letter dated January 27, 2006 signed by Robert T. Mitchell, Jr., Esquire. Planning Zoning: 1) Site History The Frederick County Planning Department administratively approved the Commonwealth Business Center Master Development Plan on July 19, 1999. Previously, the Board of Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master Development Plan called for the industrial /commercial development of an Industrial Park on a 37 acre site. The subsequent subdivision of the site resulted in the creation of eight Tots. Lot 2, totaling 12 acres, is the lot for which this rezoning request is being made. The site is currently vacant. The other lots within the Commonwealth Business Center have developed as a combination of industrial and commercial uses and include the Carquest Distribution Center, Sportsplex, Boyce's Martial Arts, Prelip's Home Center, Ultimate Automotive Group, and Robbie's Auto Body. 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 parcel for which this rezoning is being requested is 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 planned commercial and industrial development will occur. In addition, the Rezoning #05 -06 Ventures 1, Commonwealth Business Center Lot 2. May 2, 2006 Page 4 Commonwealth Lot 2 property is located within an area that the Eastern Frederick County Long Range Land Use Plan identifies with a Business /Commercial land use designation. This designation is consistent with the expressed desire to locate commercial uses on arterial highways, at major intersections, and at interchange areas. Transporlalion In general, the Comprehensive Plan states that a Level of Service (LOS) Category C or better should be maintained on roads adjacent to and within new developments within the County. The applicants Traffic Analysis seeks to address the transportation impacts associated with this rezoning request. The subject property is located adjacent to the Interstate 81 right -of -way and is in close proximity to the Interstate 81 and Route 37 Interchange, and the Route 11 interchange with Route 37. Access to the site would be from Route 11 via Commonwealth Court, Route 1167. Significant improvements to the above mentioned transportation network are envisioned in County and State Transportation Planning documents. Further, the preliminary design plans for the proposed improvements indicate additional right -of -way needs which should be addressed in conjunction with the planning and development of the adjacent properties. The need for additional right -of -way along this property's frontage with Interstate 81 has been identified and is addressed in this rezoning application. The adjacent property to the south Parcel 75 -A -10A is presently limited by the limits of access lines associated with the adjacent highway system. In order to facilitate future access to this property, and to address the goal of providing interparcel connectivity, it is appropriate for the development of Lot 2 to provide public road access to this adjacent parcel. The Ventures I, Commonwealth Business Center Lot 2 rezoning application addresses this issue. The intersection ol'Commonwealth Court, Route 1167, and Route 11 is not presently signalized. In order to ensure that an appropriate level of service is achieved, the rezoning application addresses the signalization of this intersection. 3) Site Suitability /Environment The Ventures I, Commonwealth Business Center Lot 2 site contains no identified environmental features and does not contain any historic resources. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. The County Engineer strongly supports the use of a regional stormwater management facility in conjunction with the development of this property. 4) Potential Impacts A. Transportation Rezoning #05 -06 Ventures I, Commonwealth Business Center Lot 2. May 2, 2006 Page 5 In order to address the transportation impacts associated with the rezoning and development of this property, the applicant has been coordinating with the Virginia Department of Transportation and has provided for the following: The applicant has identified the area presently acknowledged as being needed to facilitate the construction of a new traffic ramp from Interstate 81 southbound to Route 37. A proffered condition has been provided that reserves this area, restricts development activity from occurring in this area, and ultimately facilitates the dedication of this area to the Virginia Department of Transportation. The area identified for future dedication totals approximately 1.1 1 acres. The applicant has addressed the extension of Commonwealth Court to the adjacent parcel identified with PIN 75 -A -10A to ensure that ultimately this parcel will be provided with access to the public street system. Access to this parcel is presently limited by the limits of access lines associated with the adjacent highway system. It should be recognized that adjustments in the alignment of this public road connection may be made to accommodate the ultimate development of Lot 2 provided that the extension of the road as a public street to the adjacent property is in place prior to the occupancy of any structure on the Lot 2 property. As previously noted, the intersection of Commonwealth Court, Route 1167, and Route 11 is not presently signalized. The applicant has provided a proffered condition that states that they will enter into a signalization agreement with the Virginia Department of Transportation to construct a traffic signal at this location. h may be desirable to provide an additional mechanism in the proffer statement that ensures that the traffic signal will he in place prior to the occupancy of any structure on the Lot 2 property. This would ensure that an appropriate level of service is achieved and maintained at this intersection immediately. B. Community Facilities and Impacts The community facility impacts associated with the development of this property under the B2 (Business General) District compared with the development of this property under the existing B3 (Industrial Transition) District are relatively similar. In evaluating the community facility impacts of new development proposals, it is recognized that the new Development Impact Model is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning requests are ultimately positive to the County. By policy, the Development Impact model does not apply a fiscal impact to entirely commercial or industrial rezoning applications. Rezoning #05 -06 Ventures 1, Commonwealth Business Center Lot 2. May 2, 2006 Page 6 In recognition of the impacts that may be realized by the community to Fire and Rescue services, the applicant has proffered a contribution in the amount of $1,000.00 to the Stephens City Volunteer Fire Company for impacts to fire control services. 5) Proffer Statement Dated September 9, 2005 and revised December 9, 2005, January 12, 2006, February 13, 2006 and March 24, 2006 The Applicant's Proffer Statement seeks to address the identified impacts associated with this rezoning request by providing for the following commitments: The extension and construction of the extension of Commonwealth Court, Route 1167, to the adjacent property to the south identified with PIN 75- A -10A. The reservation and ultimate dedication of approximately 1.11 acres of land, the right -of -way presently identified by VDOT as being needed to facilitate the construction of a new ramp from Interstate 81 southbound to Route 37. The signalization of the intersection of Route 11 and Commonwealth Court, Route 1167. The provision of regional stormwater management facility as requested by the County Engineer. The donation ofa $1,000.00 monetary contribution to offset the impacts to fire control services. STAFF CONCLUSIONS FOR 04/19/06 PLANNING COMMISSION MEETING: The Ventures 1, Commonwealth Business Center Lot 2 rezoning application is generally consistent with the goals of the Comprehensive Plan as described in the staff report. Further, it would appear as though impacts associated with this rezoning request have been addressed by the applicant; in particular, the identified transportation impacts. The Planning Commission should ensure that any additional concerns or identified impacts are fully addressed by the applicant. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/19/06 MEETING: The Planning Commission was primarily concerned with traffic issues. They questioned whether the County's future goals for Route 11, including widening, signalization, bicycle lanes, and adequate turning radius at Commonwealth Drive and Route 11, were being adequately accommodated by this application. They were also interested in the LOS on Route 11 after installation of the traffic signal. VDOT's representative, Mr. Lloyd Ingram, believed the future goals for Route 11 were fairly well accommodated by the application; he anticipated an intersection analysis would be required from the developer, rather than a traffic impact analysis, because of the detailed analysis already provided with the Kernstown and Crosspointe developments. VDOT was also satisfied with the access provided for the southern parcel. The issue of signage on Route 11 was also discussed. Rezoning 404 -06 Orrick Cemetery, Inc. June 19.2006 Page 7 5) Proffer Statement Dated December 6, 2005 and Revised June 2, 2006 Generalized Development Plan Dated November 15, 2005 and Revised May 12, 2006 A) Land Use Commercial floorspace shall not exceed 158,000 square feet. A minimum of 55,000 square feet of commercial floorspace shall be constructed prior to occupancy of any residential dwelling. Adult retail uses are prohibited and car washes are prohibited adjacent to residential properties. All units will be age restricted and will comprise a mix of single family and multi- family units. B) Homeowners Association C) Transportation D) Design Standards The residential homeowners association (HOA) will own and maintain all common areas. The HOA will be responsible for a common solid waste disposal program provided by a collection company. The applicant will install a traffic signal at the project entrance on Senseny Road, provide a left turn lane on eastbound Senseny Road at that entrance, and provide a new westbound lane on Senseny Road from the eastern end of the property to the intersection of Senseny Road and Greenwood Road and a median on Senseny Road. The applicant will install a new northbound lane on Greenwood Road from the intersection of Greenwood Road and Senseny Road to the project entrance on Greenwood Road The applicant will install signalization at the entrance on Greenwood Road when requested by VDOT. All other road improvements to Senseny Road and Greenwood Road will be completed prior to occupancy of any commercial buildings. The applicant will dedicate an additional 10 feet of right -of -way on Senseny Road and 15 feet of right -of -way on Greenwood Road to VDOT, within 90 days of notice by the county. Access along Senseny Road and Greenwood Road will be limited to one entrance on each. The applicant will connect the residential and commercial portions of the site. The site access on Senseny Road will have a median with street trees at the entrance. Inter parcel connectors with adjacent properties will be identified at the Master Development Plan (MDP) stage. The applicant has proffered to construct Farmington Boulevard on their property to base pavement, and bonded to final payment, prior to issuance of a certificate of occupancy for the first single family dwelling unit. The principal facade and any other facade facing Senseny Road or Greenwood Road of any commercial building will be limited to a cast stone, stone, brick, glass, wood stucco or other masonry. All commercial buildings will have standing seam metal roofs. The staff noted that since there is an existing MDP for Commonwealth Business Park, the approval of the GDP with this rezoning will allow an administrative amendment of the MDP. Therefore, this would not be brought back before the Commission as a MDP. One citizen spoke; he was interested in constructing a monument -style sign for the businesses in this area through his pending conditional use permit. Although Commission members were concerned about the traffic along this section of Route 11, they believed the applicant had done all he could to mitigate the impacts and VDOT was satisfied in their review. The Planning Commission unanimously recommended approval of the rezoning with the proffers submitted by the applicant. (Note: Commissioners Ours and Light were absent from the meeting.) Capital facility Single Family Town home Apartment Fire And Rescue $720 $528 $540 General Government $320 $245 $245 Public Safety $658 $503 $503 Library $267 $204 $204 Parks and Recreation $2,136 $1,634 $1,634 School Construction $19,189 $14,618 $5,940 Total $23,290 $17,731 $9,064 12/1/05 Development Impact Model_ On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The DIM projects that, on average, residential development has a negative fiscal impacts on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after December 1, 2005 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit $23,290 Town Home Dwelling Unit $17,731 Apartment Dwelling Unit 9,064 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. A "read- only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available 10 o_ 0 o_. „a Rezoning 05 Ventures 1 (75- A -91B) et pt Z o- a 0 01 012an•M NO2.10.220 00.2 .ry.raloSiwuthen.) 1 o w R• 2 20•2221 G01•212/00 .10 0 Rezoning 05 06 Ventures 1 (75- A -91B) 75 A :10A WINCHESTER+BB1 t9I C 75:: A:; 90 GLAIZE•DEVELOPMENTS, INC Rezoning 05 06 Ventures I (75- A -91B) Rezoning 05 06 Ventures 1 (75- A -91B) To be completed by Planning Staff. Fee Amount Paid" Zoning Amendment N mber 13-0(. Date Received 3 PC Hearing Date `e 9/ot: DOS Hearing Date'5T 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. 1. Applicant: Name:�jr�in4er- Levees p. L Address: i t S 5 cvttit 5+ REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA \,J nrhetW{,VA 22A c 0 2. Property Owner (if different than above) Name: Vecrcures L oG Address: 124 W c(a d i I Iv/ S+ 1 -r VA 22.1001 3. Contact person if other than above MAR 2 4 2006 11 Telephone: (S4o)lalo2- 5192 Telephone: (540) q clot° Z Name: Jahn e LtvJ S Telephone: (Syo) 1cica- 5 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property i/, Impact Analysis Statement Verification of taxes paid Proffer Statement 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: Alen-inn 5 _L o V.1 tnchester 6. A) Current Use of the Property: a_ccLn B) Proposed Use of the Property: Su.s t neSS 7. Adjoining Property: PARCEL ID NUMBER 15 A -1o to3 -A -a'S 15 -fl 91C 15- A -91ts IS- A 15 Grt i 15- 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): l. c ecL a..k .-hc encL oC Connmonue'n l lh C.owr} (VA Rocca iltd1); f�htc h IS l oc&4 ec l r�o 2 11 R4 3 7 In +trChcLn USE ZONING VAcA -J Co (\Arne. A L Co 0 /trn£2c I A L. Co,nrntRc t A"L Co in-in £2 IAL Co nunerc t� "1 ALL-it Sales /6cev,ce-°- 0 FFicE., 12 6.3 6-3 9- 3 6 -,3 6 -3 a -3 6 -3 O -3 Acres Current Zoning Zoning Requested lot «c. B3 62. IZ we Total acreage to be rezoned Single Family homes: Non Residential Lots: 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 15 A '9 1 1 Districts Magisterial: t3ack t-'reeK 1h;5tr1.c Fire Service: 3+e phe C Vnt. nre Rescue Service:54- epte,ts ck+y Ilel. Fire 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: Number of Units Proposed High School: Middle School: Elementary School: Townhome: Multi Family: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 13 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 best of my (our) knowledge. Ow nee* Appliearrt(s): Owner(s): f u Owner(s): ice, PLC 14 Date: Date: 3 2 Date: Planning Commission: Board of Supervisors: Reviewed April 19, 2006 May 10, 2006 North: B3 (Industrial Transition) District South: B3 (Industrial Transition) District East: B3 (Industrial Transition) District West: B3 (Industrial Transition) District PROPOSED USES: Business and Commercial Uses Use: Use: Use: Use: REZONING APPLICATION #05 -06 VENTURES I OF WINCHESTER, LLC COMMONWEALTH BUSINESS CENTER LOT 2 Staff Report for the Planning Commission Prepared: April 2, 2006 Staff Contact: Michael T. Ruddy, AICP, 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. Action Pending Pending PROPOSAL: To rezone 12 acres from B3 (Industrial Transition Business) District to B2 (General Business) District with proffers LOCATION: Commonwealth Court (Route 1167), north of the Route 11 and Route 37 Interchange MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75 -A -91B PROPERTY ZONING: B3 (Industrial Transition Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING PRESENT USE: Commercial Vacant Interstate 81 Industrial Rezoning #05 -06 Ventures I, Commonwealth Business Center Lot 2. April 2, 2006 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 11 and 1167. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Commonwealth Business Park Lot 2 rezoning application dated February 13, 2006 address 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: Site plan shall provide municipal water supplies for firefighting to meet the requirements of Frederick County Code Section 90 -4. Plan approval recommended. Department of Inspections: No Comment. Public Works Department: Refer to page 1, Introduction: The extension of Commonwealth Court will require the relocation of the existing cul -de -sac to the property line shared with Winchester 81, LLC. The final approval and design of this extension will be the responsibility of the Virginia Department of Transportation. Refer to page 1, Introduction: We strongly support the use of a regional stormwater management facility provided there is a mechanism indicated in the proffer statement for maintenance of this facility. Off -site stormwater easements will be required to accommodate point source discharges derived from the stormwater management facility. Frederick Winchester Service Authority: No comments Sanitation Authority: I have reviewed this rezoning request and concur with the Water and Sanitary Sewer remarks. Frederick- Winchester Health Department: No Comment. GIS: No Comment. Department of Parks Recreation: No comment. 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: Allowed uses under this rezoning should not effect airside operations of the Winchester Regional Airport. 2) Comprehensive Policy Plan Rezoning #05 -06 Ventures I, Commonwealth Business Center Lot 2. April 2, 2006 Page 3 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the First and Second Battles of Kernstown and the First and Second Battles of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: Please see the attached letter dated January 27. 2006, signed by Robert T. Mitchell, Jr., Esquire. Planning Zoning: 1) Site History The Frederick County Planning Department administratively approved the Commonwealth Business Center Master Development Plan on July 19, 1999. Previously, the Board of Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master Development Plan called for the industrial /commercial development of an industrial Park on a 37 acre site. The subsequent subdivision of the site resulted in the creation of eight lots. Lot 2, totaling 12 acres, is the lot for which this rezoning request is being made. The site is currently vacant. The other lots within the Commonwealth Business Center have developed as a combination of industrial and commercial uses and include the Carquest Distribution Center, Sportsplex, Boyce's Martial Arts, Prelip's Home Center, Ultimate Automotive Group, and Robbie's Auto Body. 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 Lana' Use The parcel for which this rezoning is being requested is 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 planned commercial and industrial development will occur. In addition, the Rezoning #05 -06 Ventures I. Commonwealth Business Center Lot 2. April 2, 2006 Page 4 Commonwealth Lot 2 property is located within an arca that the Eastern Frederick County Long Range Land Use Plan identifies with a Business /Commercial land use designation. This designation is consistent with the expressed desire to locate commercial uses on arterial highways, at major intersections, and at interchange areas. Transportation In general, the Comprehensive Plan states that a Level of Service (LOS) Category C or better should be maintained on roads adjacent to and within new developments within the County. The applicants Traffic Analysis seeks to address the transportation impacts associated with this rezoning request. The subject property is located adjacent to the Interstate 81 right -of -way and is in close proximity to the Interstate 81 and Route 37 Interchange, and the Route 11 interchange with Route 37. Access to the site would be from Route 11 via Commonwealth Court, Route 1167. Significant improvements to the above mentioned transportation network are envisioned in County and State Transportation Planning documents. Further, the preliminary design plans for the proposed improvements indicate additional right -of -way needs which should be addressed in conjunction with the planning and development of the adjacent properties. The need for additional right -of -way along this property's frontage with Interstate 81 has been identified and is addressed in this rezoning application. The adjacent property to the south Parcel 75-A-10A is presently limited by the limits of access lines associated with the adjacent highway system. In order to facilitate future access to this property, and to address the goal of providing interparcel connectivity, it is appropriate for the development of Lot 2 to provide public road access to this adjacent parcel. The Ventures I, Commonwealth Business Center Lot 2 rezoning application addresses this issue. The intersection of Commonwealth Court, Route 1167, and Route 11 is not presently signalized. In order to ensure that an appropriate level of service is achieved, the rezoning application addresses the signalization of this intersection. 3) Site Suitability /Environment The Ventures I. Commonwealth Business Center Lot 2 site contains no identified environmental features and does not contain any historic resources. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. The County Engineer strongly supports the use of a regional stormwater management facility in conjunction with the development of this property. Rezoning #05 -06 Ventures 1, Commonwealth Business Center Lot 2. April 2, 2006 Page 5 4) Potential Impacts A. Transportation In order to address the transportation impacts associated with the rezoning and development of this property, the applicant has been coordinating with the Virginia Department of Transportation and has provided for the following: The applicant has identified the area presently acknowledged as being needed to facilitate the construction of a new traffic ramp from Interstate 81 southbound to Route 37. A proffered condition has been provided that reserves this area, restricts development activity from occurring in this area, and ultimately facilitates the dedication of this area to the Virginia Department of Transportation. The area identified for future dedication totals approximately 1.11 acres. The applicant has addressed the extension of Commonwealth Court to the adjacent parcel identified with PIN 75 -A -1 OA to ensure that ultimately this parcel will be provided with access to the public street system. Access to this parcel is presently limited by the limits of access lines associated with the adjacent highway system. It should be recognized that adjustments in the alignment of this public road connection may be made to accommodate the ultimate development of Lot 2 provided that the extension of the road as a public street to the adjacent property is in place prior to the occupancy of any structure on the Lot 2 property. As previously noted, the intersection of Commonwealth Court, Route 1167, and Route 11 is not presently signalized. The applicant has provided a proffered condition that states that they will enter into a signalization agreement with the Virginia Department of Transportation to construct a traffic signal at this location. 11 may be desirable lo provide an additional mechanism in the proffer statement that ensures that the traffic signal will be in place prior to the occupancy of any structure on the Lot 2 property. This would ensure that an appropriate level of service is achieved and maintained at this intersection immediately. B. Community Facilities and Impacts The community facility impacts associated with the development of this property under the B2 (Business General) District compared with the development of this property under the existing B3 (Industrial Transition) District are relatively similar. In evaluating the community facility impacts of new development proposals, it is recognized that the new Development Impact Model is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning requests are ultimately positive to the County. By policy, the Development impact model does not apply a fiscal impact to entirely commercial or industrial rezoning applications. Rezoning #05 -06 Ventures 1. Commonwealth Business Center Lot 2. April 2, 2006 Page 6 In recognition of the impacts that may be realized by the community to Fire and Rescue services, the applicant has proffered a contribution in the amount of $1,000.00 to the Stephens City Volunteer Fire Company for impacts to fire control services. 5) Proffer Statement— Dated September 9, 2005 and revised December 9, 2005, January 12, 2006, February 13, 2006 and March 24, 2006 The Applicant's Proffer Statement seeks to address the identified impacts associated with this rezoning request by providing for the following commitments: The extension and construction of the extension of Commonwealth Court, Route 1167, to the adjacent property to the south identified with PIN 75- A -10A. The reservation and ultimate dedication of approximately 1.11 acres of land, the right -of -way presently identified by VDOT as being needed to facilitate the construction of a new ramp from Interstate 81 southbound to Route 37. The signalization of the intersection of Route 11 and Commonwealth Court, Route 1167. The provision of regional stormwater management facility as requested by the County Engineer. The donation of a $1,000.00 monetary contribution to offset the impacts to fire control services. STAFF CONCLUSIONS FOR 04/19/06 PLANNING COMMISSION MEETING: The Ventures 1, Commonwealth Business Center Lot 2 rezoning application is generally consistent with the goals of the Comprehensive Plan as described in the staff report. Further, it would appear as though impacts associated with this rezoning request have been addressed by the applicant; in particular, the identified transportation impacts. The Planning Commission should ensure that any additional concerns or identified impacts are 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. Rezoning Property: Recorded Owner: Applicant: Project Name: Original Date of Proffers: Revision Date (s): Commonwealth Business Park, Lot 2 Proposed Proffer Statement 12 acres PARCEL ID 75-4-91B Ventures I of Winchester, LLC Venture I of Winchester, LLC 124 W. Piccadilly St. Winchester, Virginia 22601 Commonwealth Business Park, Lot 2 September 9, 2005 December 9, 2005 January 12, 2006 February 13, 2006 March 24, 2006 Prepared by: PAINTER LEWIS, P.L.C. 16 South Stewart Street Winchester, VA 22601 Tel.: (540) 662 -5792 email: office @painterlewis.com Job Number: 0502016 PROFFER STATEMENT PARCEL ID 75 -A -91B Ventures I of Winchester, LLC (the applicant) is the owner of a parcel of land which contains approximately 12 acres of land currently zoned B3. The parcel is located on Route 1167, Commonwealth Court, off of Route 11. The applicant proposes to rezone and subdivide the parcel of land, TM# 75 -A -91 B, also referred to as Lot 2 of Commonwealth Business Park. This parcel is a 12 acre tract that is currently zoned B3. The owner wishes to have this property rezoned to B2 to accommodate preferred land uses within a future subdivision of the land. The proposed layout and division of the parcel can be seen in Exhibit 1 of the rezoning application. The applicant recognizes that good planning practice demands that consideration be given to local traffic patterns and to the management of storm water runoff. Therefore, Rt. 1167, Commonwealth Court will be extended to the adjoining parcel to the south. See Proffer 1. Land will be reserved for the future construction of a new interchange between Interstate 81 and Route 37, See Proffer 2. The applicant will enter into an agreement with VDOT to provide funding for a traffic signal at the intersection of Route 11 and Route 1167. See Proffer 3. To the extent practicable, a storm water management facility will be constructed on the land to provide storm water control for the entire development. See Proffer 4. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application 06 for the rezoning of parcel TM# 75 -A -91 B from B3 to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Extension of Route 1167, Commonwealth Court The applicant will pay for the extension of Route 1167, Commonwealth Court, from the existing cul de sac through the subject parcel and terminating at the property boundary between the subject parcel and TM# 75- A -10A. This will be completed before occupancy of any structure on the property. The road will be designed to VDOT standards for acceptance into the VDOT Secondary Roads System. 2.) Reservation of Land for a Future Interchange The applicant will reserve a portion of the TM 75 -A -91 B for the purpose of facilitating the construction of a new traffic ramp from Interstate 81 southbound to Route 37. Development of TM 75 -A -91 B will be restricted from the areas shown on Exhibit 1. The area of restricted development contains approximately 48,375 square feet (1.11 acres). Upon receiving 180 days notice from the Virginia Department of Transportation, the page 2 PROFFER STATEMMMT PARCEL ID 75 -A -91B applicant will dedicate the reserved land to the Commonwealth of Virginia for the proposed interchange improvements. 3.) Signalization Agreement The applicant agrees to enter into a contractual agreement with the Virginia Department of Transportation for the construction of a traffic signal at the intersection of Route 11 and Route 1167. The application understands that Signalization Agreements typically allow the development of the land to proceed without the installation of signalization and that VDOT will secure actual traffic counts or other traffic study to provide the warrants initiate the design and construction of the traffic signal. The applicant also understands that he may be required to commit a certain percentage of the overall costs of the traffic signal based on past or future agreements between VDOT and adjacent property owners. 4.) Storm Water Management The applicant agrees to construction a storm water detention facility in accordance with the design standards of the Frederick County Zoning Ordinance. The facility will, to the extent practicable, provide storm water detention for the entire development area. The detention facility will be owned and maintained by an association of local land owners. The association will be established by the applicant. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. 5). Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. Submitted By: Date: for Venture I of Winchester, LLC STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: page 3 PROFFER STATES PARCEL ID 75-A-9113 The foregoing instrument was acknowledged before me this day of by page 4 Notary Public