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PC 05-06-15 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 6, 2015 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) April 15, 2015 Minutes ................................................................................................... (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 5) Rezoning #02-15 Blue Ridge Youth Soccer Association, submitted by Painter-Lewis P.L.C. to rezone 20.54 acres from the B2 (General Business) District to the RA (Rural Areas) District. This property is located east of the City of Winchester, on the west side of US Highway 50/17, at the southeastern corner of the intersection of Route 50/17 and W. Parkins Mill Road (Route 644). The property is identified with Property Identification Number 77-A-26A in the Shawnee Magisterial District. Mrs. Perkins .................................................................................................................... (B) 6) Conditional Use Permit #01-15 for Blue Ridge Youth Soccer Association, for a Commercial Outdoor Recreation Facility. Those properties are located east of the City of Winchester, on the west side of US Highway 50/17, at the southeastern corner of the intersection of Route 50/17 and with W. Parkins Mill Road (Route 644). The properties are identified with Property Identification Numbers 77-A-26A and 77-A-26B in the Shawnee Magisterial District. Mrs. Perkins ..................................................................................................................... (C) 7) Rezoning #01-15 BLACKBURN COMMERCE CENTER submitted by Stowe Engineering, PLC., to rezone 128.56+/- acres as follows: 92.066+/- acres from RA (Rural Areas) District to M1 (Light Industrial) District and 36.754+/- acres are to remain RA (Rural Areas) with proffers. The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37 and is identified by Property Identification Number 63-A-80I in the Back Creek Magisterial District. Mr. Ruddy ........................................................................................................................ (D) 8) Rezoning #03-15 MBC, LC submitted by GreyWolfe, Inc., to rezone 2.96+/- acres as follows: 0.60+/- acres from MH1 (Mobile Home Community) District to B2 (General Business) District with proffers and 2.36+/- acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. The properties are located on the south side of Route 7, approximately ¾ miles east of Winchester at Eckard Circle and are identified by Property Identification Numbers 55-A-34 and 55-A-34A in the Redbud Magisterial District. Mr. Ruddy ........................................................................................................................ (E) INFORMATION/DISCUSSION ITEMS 9) Master Development Plan #02-15 Blackburn Commerce Center, submitted by Stowe Engineering, P.L.C., to develop 139.96 acres of land zoned RA (Rural Areas) and M1 (Light Industrial) District with industrial uses. The subject properties are located adjacent to Dawson Drive, Apple Valley Road and are identified by Property Identification Numbers 63- A-80I and 63-A-38C in the Back Creek Magisterial District. Mrs. Perkins ....................................................................................................................... (F) Other Adjourn -2- Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non‐public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District ‐ Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP ‐ A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS ‐ Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman‐at‐large. The Board of Supervisors is the policy‐making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC ‐ The PC is composed of 13 members, two from each magisterial districts and one at‐large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A Frederick County Planning Commission Page 3197 Minutes of April 15, 2015 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 15, 2015. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; Kevin Kenney, Gainesboro District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District: Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison; David Smith, City of Winchester Liaison. ABSENT: H. Paige Manuel, Shawnee District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; Candice E. Perkins, Senior Planner; and Shannon L. Conner, Administrative Assistant. ----------- CALL TO ORDER Chairman Wilmot called the April 15, 2015 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ------------- ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the Planning Commission unanimously adopted the minutes of their March 18, 2015 meeting. Frederick County Planning Commission Page 3198 Minutes of April 15, 2015 COMMITTEE REPORTS Comprehensive Plans & Programs Committee (CPPC) 04/13/15 Mtg. Commissioner Mohn reported discussion continued on the Kernstown Area Plan and the progress it is making. He also noted Mr. Ruddy gave a briefing on the 2030 Comprehensive Plan updates and the coordination efforts with the Frederick County Sanitation Authority. ------------- Transportation Committee – 03/23/15 Mtg. Commissioner Oates reported VDOT gave a presentation on items currently ongoing: Route 37 update; Exit 310 project starting this month lasting 2 to 3 years; Red Bud Road re-alignment. He also noted that the Eastern Road Plan update discussion is coming up soon. ------------- City of Winchester Planning Commission – 03/17/15 Mtg. Commissioner Smith reported the Planning Commission held its annual retreat . He also noted the next meeting will include: Site improvements to the old Coca Cola Plant; Corridor Enhancement Certificate of Appropriateness; Capital Improvement Program. ------------- Board of Supervisors Report – 04/08/15 Mtg. Board of Supervisors’ Liaison, Supervisor Robert Hess, reported the Board of Supervisors met on April 8, 2015 at which time a request was approved for the Discontinuance and Abandonment of Gold Orchard Road (Route 708). He noted there were no public discussions or comments on this item. ------------- Citizen Comments Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission . No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. ------------- Frederick County Planning Commission Page 3199 Minutes of April 15, 2015 PUBLIC HEARING Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, Article V – Planned Development Districts, Part 501 – R4 Residential Planned Community District, §165-501.03 Permitted Uses. Revision to the Frederick County Zoning Ordinance to include the OM (Office Manufacturing Park) District to the permitted uses in the R4 District. Action – Recommended Approval Senior Planner, Candice E. Perkins presented an overview of the proposed Amendment. She noted this is a cleanup effort to the existing zoning ordinance. Ms. Perkins also noted the DRRC approved this Amendment to move forward at the January 22, 2015 meeting. Commissioner Oates commented the DRRC has discussed the proposed Amendment thoroughly and there is no impact to speak of. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Thomas and seconded by Commissioner Molden BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, Article V – Planned Development Districts, Part 501 – R4 Residential Planned Community District, §165-501.03 Permitted Uses. Revision to the Frederick County Zoning Ordinance to include the OM (Office Manufacturing Park) District to the permitted uses in the R4 District. (Note: Commissioner Manuel was absent from the meeting.) ------------- Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, Article II Supplementary Use Regulations, Parking, Buffer, and Regulations for Specific Uses, Part 202 – Off- Street Parking, Loading and Access, §165-202.01 Off-Street Parking; Parking Lots. Revisions to the Frederick County Zoning Ordinance to include the use of permeable paving systems for parking lots. Action – Recommended Approval Senior Planner, Candice E. Perkins reported this request to revise the Frederick County Zoning Ordinance is to allow the use of permeable paving systems for the construction of parking areas within all zoning districts. She noted this request will give the construction community another o ption for storm water management. Ms. Perkins reported the DRRC discussed this item at their January 22, 2015 meeting, at that time the committee agreed with the revision and sent the item forward for approval. Commissioner Oates commented it would be helpful to add something to the ordinance that pertains to a header curb. Ms. Perkins responded there is currently a provision in the ordinance that allows for the elimination of curb and gutter and referencing the use of a header curb. Frederick County Planning Commission Page 3200 Minutes of April 15, 2015 Commissioner Unger inquired is there anything in the ordinance that manages how often the systems are cleaned and maintained. Ms. Perkins noted they will have to be revi ewed and maintained by Public Works. Commissioner Dunlap asked will a maintenance agreement be required. Ms. Perkins responded yes, there will be an agreement. Chairman Wilmot called for anyone who wished to speak regarding this public Hearing to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Oates and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, Article II Supplementary Use Regulations, Parking, Buffer, and Regulations for Specific Uses, Part 202 – Off- Street Parking, Loading and Access, §165-202.01 Off-Street Parking; Parking Lots. Revisions to the Frederick County Zoning Ordinance to include the use of permeable paving systems for parking lots. (Note: Commissioner Manuel was absent from the meeting.) ------------- INFORMATIONAL/DISCUSSION ITEMS: Master Development Plan #01-15 for Graystone Commerce Center, submitted by Stowe Engineering, PLC to develop 271.40 acres of land M1 (light Industrial) District with industrial uses. The subject properties are located on the north side of Redbud Road (Route 661), the east side of the CSX Railroad, the west side of Milburn Road (Route 662), and the south of McCann’s Road (Route 838) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43-A-158, 44-A-26, and 44-A-27. No Action Required Commissioner Oates said he would abstain from all discussions on this item due to a possible conflict of interest. Senior Planner, Candice E. Perkins presented an overview of the proposal to develop 271.40 acres zoned M1 (light industrial) District with industrial land uses. Ms. Perkins noted this property was rezoned in 2009 and there was a proffer revision in 2012. Ms. Perkins reported access to this site will be via a connection to Snowden Bridge Boulevard that would align with an access point already approved with the North Stephenson, Inc., rezoning application. The initial segment of Snowden Bridge Boulevard has been constructed and aligns at a signalized intersection of Martinsburg Pike across from the Rutherford Crossing Shopping Center. She also noted Snowden Bridge Boulevard through the Graystone property shall be a public street, however; per the proffers, the internal streets shall be private and their locations determined at the site plan stage. Frederick County Planning Commission Page 3201 Minutes of April 15, 2015 Commissioner Unger asked if the right-of-way for Route 37 is permanent or does it have a deadline. Ms. Perkins responded there is a dedication study period and if that expires there is a permanent dedication of 225’ wide right-of way for Route 37. ------------- 2035 Comprehensive Plan Update Timeline Deputy Planning Director, Michael T. Ruddy presented a timeline for the 5 year review and update of the 2030 Comprehensive Plan that will take place over the next 12 months. He noted the goal is to complete the update by spring 2016. The timeline is as follows: Phase 1 July/August/September – CPPC review and update of Appendix II; Background Analysis and Supporting Studies.  Overview and Demographic Analysis (July)  Economic Analysis (August)  Land Use Analysis; 2 key components – including SWSA needs analysis with FCSA strategies, and C&I analysis of the 25/75 Ratio throughout the County (September) Phase 2 October/November/December – CPPC and Blue Ribbon Panel review and update key sections of the Plan, including;  Residential Development, Business Development, Transportation, Natural Resources, Historical Resources, and Public Facilities Phase 3 January/February – Planning Commission Review of the 2035 update, followed by Board of Supervisors direction to move forward with additional public outreach March – Community Meetings April/May – Public Hearing process and approval Mr. Ruddy reiterated two key components to be enhanced are; a good evaluation of C&I ratio of 25/75 and the SWSA analysis. He noted the reinforcement of efforts with Frederick Count y Sanitation Authority is important. ------------- 2015 PC Retreat Summary Director of Planning, Eric R. Lawrence asked if there were any questions or concerns in regards to the PC Retreat Summary. He noted these do not have to be approved by the Planning Commission and are for informational purposes. There were no questions or concerns raised at this time. Frederick County Planning Commission Page 3202 Minutes of April 15, 2015 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Oates and unanimously passed. The meeting adjourned at 7:25 p.m. Respectfully submitted, ____________________________ June Wilmot, Chairman ____________________________ Eric R. Lawrence, Secretary B REZONING APPLICATION #02-15 BLUE RIDGE YOUTH SOCCER ASSOCIATION Staff Report for the Planning Commission Prepared: April 8, 2015 Staff Contact: Candice Perkins, AICP, Senior Planner 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: 05/06/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To rezone 20.54 acres from the B2 (General Business) District to RA the (Rural Areas) District. This application for a downzoning from the B2 District to the RA District is accompanied with a Conditional Use Permit to enable an outdoor soccer facility. LOCATION: The property is located east of the City of Winchester, on the west side of US Highway 50/17 at the south side of its intersection with W. Parkins Mill Road (Route 644). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 77-A-26A PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential/Vacant STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. The current commercial designation shown in the Comprehensive Plan is reflective of the historic zoning of this parcel. This site does not have access to public water and sewer and is outside the limits of the SWSA; therefore the proposed downzoning of the site from the B2 to the RA District is a positive rezoning. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #02-15 Blue Ridge Youth Soccer Association April 13, 2015 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Routes 644 & 50/17. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Blue Ridge Youth Soccer Association Rezoning application dated January 13, 2015 addresses transportation concerns associated with this request. The point of ingress and egress for this parcel is not adequately defined in the submitted rezoning package. VDOT could support the rezoning if the access to the parcel was restricted to a shared entrance from parcel P.I.N 77- A-26B’s entrances, on Route 644, that will be required to meet VDOT’s commercial entrance requirements. 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, 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. Staff Note: VDOT Comments will be addressed with the conditions contained in Conditional Use Permit #01-15. Fire and Rescue: Plan approved. Frederick County Fire Marshall: Plan approved. Public Works Department: We have no comments regarding the proposed rezoning application. Frederick County Parks & Recreation: No comments. Frederick-Winchester Health Department: The Frederick County Health Department cannot comment at this time until an AOSE onsite well & septic system packet is submitted. Frederick County Attorney: No comments at this time. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts parcels 77-A-26A as being zoned A-2 (Agricultural General) District. The County’s agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The subject property was rezoned from the RA District to the B2 District with proffers with the approval of Rezoning #23-89 on November 8, 1989. This rezoning included 23.2282 acres of land, this rezoning is for 20.54 acres of the site as a five acre residential property was subsequently subdivided (that five acres is split zoned RA/B2) and is not subject to this downzoning. Rezoning #02-15 Blue Ridge Youth Soccer Association April 13, 2015 Page 3 2) Comprehensive Policy Plan The Frederick County 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use The site is within the limits of the Senseny/Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with a business/commercial use designation. This land use designation was shown to recognize the existing zoning of parcel 77- A-26A. The site is located outside of the limits of the Sewer and Water Service Area; therefore a proposed downzoning of 77-A-26A is generally consistent with the Senseny/Eastern Frederick County Long Range Land Use Plan as it relates to this area. 3) Potential Impacts: Due to the scope of this rezoning request a detailed impact statement was not required. This application for a downzoning from the B2 District to the RA District is accompanied with a Conditional Use Permit to enable an outdoor soccer facility. Impacts associated with the soccer facility will be addressed through the conditions on CUP #01-15. 4). Proffers: A proffer statement was not provided with this rezoning request; this rezoning will void proffer statement #23-89 as it pertains to the subject property. STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: The land use proposed in this application is consistent with the goals of the Comprehensive Policy Plan. The current commercial designation shown in the Comprehensive Plan is reflective of the historic zoning of this parcel. This site does not have access to public water and sewer and is outside the limits of the SWSA; therefore the proposed downzoning of the site from the B2 to the RA District is a positive rezoning. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. DEERFIELDESTATESSubdivision 0150 ST644 E PARKINS M I L L R D GE O R G E D R M I L L W O O D P I K E W PARKI N S M I L L R D 77 A 27 77 A 26B 77 4 8 77 4 9 77 4 10 77 4 14 77 A 37 77 4 11 77 4 13 77 A 38 77 A 39 77 A 40 77 A 41 77 4 12 77 A 26A 77 A 47 77 A 48 77 A 42 77 A 26C 77 A 43 77 A 46 77 A 26 77 A 49A 77 A 4477 A 44A 77 A 49 77 A 45 77 A 24 77 A 51 77 A 23 76 A137D 77 A 22 77 A 49B 77 A 50 77 A 21A 77 A 21 77 A 62 77 A 20 77 A 64 77 A 6377 A 65 77 A 68 77 A 66 77 A 20A 77 A 19 Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 8, 2015Staff: cperkins M I L L W O O D P I K E W PARKINS MILL RD E PARKINS M I L L R D M I L L W O O D P I K E 0150 REZ # 02 - 15Blue Ridge Youth SoccerPINs:77 - A - 26ARezoning from B2 to RA REZ # 02 - 15Blue Ridge Youth SoccerPINs:77 - A - 26ARezoning from B2 to RA 0 460 920230 Feet REZ 02-15 CLARKE COUNTY AIRPO R T R D C CONDITIONAL USE PERMIT #01-15 BLUE RIDGE YOUTH SOCCER ASSOCIATION Staff Report for the Planning Commission Prepared: April 20, 2015 Staff Contact: Candice Perkins, Senior Planner This report is prepared by the Frederick County Planning Staff to provi de information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/06/15 Pending Board of Supervisors: 05/27/15 Pending EXECUTIVE SUMMARY: This is a request by the Blue Ridge Youth Soccer Association for a Conditional Use Permit for a commercial outdoor recreation facility on two parcels of land that total 62 acres located on West Parkins Mill Road. This Conditional Use Permit would enable the construction and operation of an outdoor soccer complex on the subject properties. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by the Frederick County Planning Department; all site plan improvements shall be implemented prior to utilizing the facility. 3. Permanent bathroom facilities shall be provided on site. 4. One freestanding sign shall be permitted; this sign shall not exceed 12’ in height and 50 square feet in size; this sign shall be located on West Parkins Mill Road. 5. Site lighting shall conform with 165-201.07F - Lighting Standards for Recreational Facilities in all Zoning Districts (class III facility – full cutoff luminaries must be used to control spill light). All lighting shall be turned off by 10:00 p.m. 6. A single row of evergreen trees 6’ in height, planted a maximum of 8’ on center, shall be provided along any property line that boarders a residential dwelling, where existing woodlands (minimum 50’ width) are not present. 7. Hours of operation shall be 8:00 a.m. to 10:00 p.m. 8. The property shall only have one entrance, and that entrance shall be onto West Parkins Mill Road. There shall be no entrances onto Route 50. Emergency access that is not open to the public may be shown if approved by VDOT. Page 2 CUP #01-15, Blue Ridge Youth Soccer Association April 20, 2015 9. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 3 CUP #01-15, Blue Ridge Youth Soccer Association April 20, 2015 LOCATION: This property is located east of the City of Winchester, on the west side of US Highway 50/17 at the south side of its intersection with West Parkins Mill Road (Route 644). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 77-A-26A & 77-A-26B PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential/Vacant PROPOSED USE: This application is for an outdoor recreation, athletic or park facilities. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 644, the VDOT facility which would provide access to the property. Based on the premise that the access to the property will be via road frontage of parcel 77-A-26B and that this entrance alone will also serve parcel 77-A-26A, VDOT can support the request. Prior to operation of the facility, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State’s right-of-way must be covered under a Land Use Permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick County Fire Marshall: Plans approved. Fire and Rescue: Plans approved. Frederick County Inspections: Building shall comply with The 2012 Virginia Uniform Statewide Building Code and Section 303, A-Assembly Use Group. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities and International Energy Code 2012. Building shall comply with height and area requirements as allowed for type of construction in T503, IBC 2012. Quantity of fixtures shall comply with T2901.1. A building permit is required. The plans shall indicate the location of the structure, the accessible Page 4 CUP #01-15, Blue Ridge Youth Soccer Association April 20, 2015 parking/unloading, and accessible route into the facility. Handicap parking shall comply with ANSI A117.1-09. A minimum of 8’ unloading area with an 8’ wide parking or 5’ parking with 11’ unloading area shall be provided. Accessible transition from the parking and unloading area are flush with sidewalk to provide ANSI A117.1-09 required accessible route into main entrance. Winchester-Frederick County Health Department: The Frederick County Health Department cannot comment at this time. If onsite well & septic system is required, a comment cannot be issued until an AOSE packet is submitted. Planning and Zoning: In accordance with § 165-401.03 of the Frederick County Zoning Ordinance, Commercial outdoor recreation, athletic or park facilities are permitted uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will be for a soccer complex which would be classified as commercial outdoor recreation and athletic facilities. This proposed use would be conducted on two parcels that contain a total 62 acres. This property is surrounded by residential properties that are zoned RA (Rural Areas). The proposed use and its traffic, lighting, and noise could impact the residential properties. Staff has drafted conditions in an effort to mitigate those impacts. The conditions specify site access, lighting, hours of operation, signage, restroom facilities, and buffering. One of the conditions requires the submittal and approval of an engineered site plan; this site plan would depict all improvements on the site including, but not limited to: parking (minimum double prime and seal), entrance locations, signage, landscaping, structures, and signage. STAFF CONCLUSIONS FOR THE 05/6/15 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by the Frederick County Planning Department; all site plan improvements shall be implemented prior to utilizing the facility. 3. Permanent bathroom facilities shall be provided on site. 4. One freestanding sign shall be permitted; this sign shall not exceed 12’ in height and 50 square feet in size; this sign shall be located on West Parkins Mill Road. 5. Site lighting shall conform with 165-201.07F - Lighting Standards for Recreational Facilities in all Zoning Districts (class III facility – full cutoff luminaries must be used to Page 5 CUP #01-15, Blue Ridge Youth Soccer Association April 20, 2015 control spill light). All lighting shall be turned off by 10:00 p.m. 6. A single row of evergreen trees 6’ in height, planted a maximum of 8’ on center, shall be provided along any property line that boarders a residential dwelling, where existing woodlands (minimum 50’ width) are not present. 7. Hours of operation shall be 8:00 a.m. to 10:00 p.m. 8. The property shall only have one entrance, and that entrance shall be onto West Parkins Mill Road. There shall be no entrances onto Route 50. Emergency access that is not open to the public may be shown if approved by VDOT. 9. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. DEERFIELDESTATESSubdivision 0150 ST644 BUS H D R JA C K S O N D R E PARKINS M I L L R D GE O R G E D R M I L L W O O D P I K E W PAR K I N S M I L L R D 77 A 27 77 A 28 77 4 6 77 4 5 77 4 4 77 4 2 77 A 31 77 4 16 77 4 1 77 4 7 77 A 35 77 4 17 77 4 8 77 4 15 77 A 33 77 A 26B 77 4 9 77 A 37 77 A 36 77 4 10 77 4 14 77 4 11 77 4 13 77 A 39 77 A 38 77 A 40 77 4 12 77 A 41 77 A 26A 77 A 47 76 A136C 76 A136B 77 A 48 77 A 26C 77 A 42 77 A 43 77 A 46 77 A 25 77 A 26 77 A44A 77 A 44 77 A 49 77 A 49A 77 A 45 77 A 24 77 A 23 77 A 51 76 A137D 77 A 22 77 A 49B 77 A 50 76 A137A 77 A 21A 77 A 21 77 A 62 77 A 20 77 A 64 77 A 6377 A 65 77 A 68 77 A 66 77 A 20A 77 A 19 Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 8, 2015Staff: cperkins M I L L W O O D P I K E W PARKINS MILL RD E PARKINS M I L L R D M I L L W O O D P I K E 0150 CUP # 01 - 15Blue Ridge Youth SoccerPINs:77 - A - 26A, 77 - A - 26BCommercial Outdoor Recreation Facility CUP # 01 - 15Blue Ridge Youth SoccerPINs:77 - A - 26A, 77 - A - 26BCommercial Outdoor Recreation Facility 0 610 1,220305 Feet CUP 01-15 CUP 01-15 CLARKE COUNTY AIRPO R T R D DEERFIELDESTATESSubdivision 0150 ST644 BUS H D R JA C K S O N D R E PARKINS M I L L R D GE O R G E D R M I L L W O O D P I K E W PAR K I N S M I L L R D 77 A 27 77 A 28 77 4 6 77 4 5 77 4 4 77 4 2 77 A 31 77 4 16 77 4 1 77 4 7 77 A 35 77 4 17 77 4 8 77 4 15 77 A 33 77 A 26B 77 4 9 77 A 37 77 A 36 77 4 10 77 4 14 77 4 11 77 4 13 77 A 39 77 A 38 77 A 40 77 4 12 77 A 41 77 A 26A 77 A 47 76 A136C 76 A136B 77 A 48 77 A 26C 77 A 42 77 A 43 77 A 46 77 A 25 77 A 26 77 A44A 77 A 44 77 A 49 77 A 49A 77 A 45 77 A 24 77 A 23 77 A 51 76 A137D 77 A 22 77 A 49B 77 A 50 76 A137A 77 A 21A 77 A 21 77 A 62 77 A 20 77 A 64 77 A 6377 A 65 77 A 68 77 A 66 77 A 20A 77 A 19 Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 8, 2015Staff: cperkins M I L L W O O D P I K E W PARKINS MILL RD E PARKINS M I L L R D M I L L W O O D P I K E 0150 CUP # 01 - 15Blue Ridge Youth SoccerPINs:77 - A - 26A, 77 - A - 26BCommercial Outdoor Recreation Facility CUP # 01 - 15Blue Ridge Youth SoccerPINs:77 - A - 26A, 77 - A - 26BCommercial Outdoor Recreation Facility 0 610 1,220305 Feet CUP 01-15 CUP 01-15 CLARKE COUNTY AIRPO R T R D D REZONING APPLICATION #01-15 BLACKBURN COMMERCE CENTER Staff Report for the Planning Commission Prepared: April 21, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/06/15 Pending Board of Supervisors: 05/13/15 Pending PROPOSAL: To rezone 128.56+/- acres as follows: 92.066+/- acres from RA (Rural Areas) District to M1 (Light Industrial) District with proffers, and 36.754+/- acres are to remain RA (Rural Areas) District. LOCATION: The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37. EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 92.066+/- acres of land from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers to accommodate industrial uses. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. With this rezoning, the applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property that have been identified as important to the overall transportation solution for this general area. The application has addressed the concerns identified by the various reviewing agencies and has worked with the Kernstown Battlefield Association to reach an agreement that addresses the historical context of this rezoning application. The application appears to have mitigated many of the impacts associated with the rezoning request. The Planning Commission should determine if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer appropriate. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #01-15 Blackburn Commerce Center April 21, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in m aking 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: 05 /06 /15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To rezone 128.56+/- acres as follows: 92.066+/- acres from RA (Rural Areas) District to M1 (Light Industrial) District with proffers, and 36.754+/- acres are to remain RA (Rural Areas) District. LOCATION: The property is located adjacent to Dawson Drive, Apple Valley Road and Route 37. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 63-A-80I PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Battlefield/Agricultural RP (Residential Performance) Residential South: M1 (Light Industrial) Use: Industrial East: M1 (Light Industrial) Use: Industrial/Vacant West: RA (Rural Areas) Use: Agricultural Rezoning #01-15 Blackburn Commerce Center April 21, 2015 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: District Planning has completed its review of the subject rezoning TIA. In conversation with the Frederick County Deputy Director of Planning, Transportation, we understand that County staff has negotiated a proffer arrangement with the applicant in lieu of the findings of a TIA, and that they are satisfied with the prescribed mitigation. We have been notified that there is specific time critical contractual arrangements at play which require a resolution of transportation impact mitigation immediately. It is for those reasons that, and in consultation with the County, that we are suspending our review and are differing to Frederick County staff. Fire and Rescue: Plan approved. Public Works Department: The Public Works Department does not have any comments regarding the proposed rezoning. We would expect that any future Master Development Plans and Site Plans to include copies of wetland delineations and geological surveys of kaist features. Frederick County Sanitation Authority: Please see attached letter dated March 18, 2015, from Uwe E. Weindel, PE. Frederick-Winchester Service Authority: No comments. Winchester Regional Airport: I have completed a review of the referenced rezoning proposal. Allowed uses under this rezoning should not impact airside operations of the Winchester Regional Airport therefore we have no comments or objections regarding this rezoning request. Frederick County Attorney: Please see attached letter dated March 20, 2015, from Roderick B. Williams, County Attorney. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re-mapped from R-2 to A-2 (Agricultural General) pursuant to the County’s comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County’s agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. Rezoning #01-15 Blackburn Commerce Center April 21, 2015 Page 4 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. In order for any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements or in any other manner consistent with the Code of Virginia. [2030 Comprehensive Plan, Implementing the Plan, V] Rezoning requests should be evaluated to determine their potential impacts on public facilities. Costs to the County should be estimated in terms of what impact the development, which could result from the proposed rezoning, would have on public facilities and infrastructure. [2030 Comprehensive Plan, Implementing the Plan, V] Rezoning requests should not be approved unless the net impacts on public facilities are positive, or unless the negative impacts can be adequately addressed through proffers or some other means. A request for rezoning may be turned down even though all fiscal impacts appear to be addressed. If there are other impacts which are not addressed by the rezoning application, or if the request does not conform to this plan, a similar method should be developed for determining the impacts of proposed developments on transportation systems and other public facilities. [2030 Comprehensive Plan, Implementing the Plan, V] Land Use. The 2030 Comprehensive Plan and the Southern Frederick Plan provide guidance on the future development of the property. The 2030 Comprehensive Plan identifies the general area surrounding and including this property with an industrial land use designation. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan. Site Access and Transportation. The Transportation network in this area is identified in the County’s Eastern Road Plan and is supported by an improved Major Collector Road (Shady Elm Road), an improved Minor Rezoning #01-15 Blackburn Commerce Center April 21, 2015 Page 5 Collector Road (Apple Valley Road), and an improved Arterial Road, Route 11 (Valley Pike). Access to the site via the existing entrance on to Apple Valley Road and existing Dawson Drive is desirable and has been proffered by the Applicant. Any additional entrances onto, and improvements to, Apple Valley Road should be avoided at this time. The Generalized Development Plan for the Blackburn Property identifies the location of two private roads accessing the property. Future consideration should be given to pedestrian or trail improvements along Apple Valley Road to complete this section of planned pedestrian accommodations adjacent to the identified minor collector road. This could be achieved internal to the property, adjacent to the area containing the numerous existing easements. Environment. Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [2030 Comprehensive Plan, Section VII, Natural Resources]. History. According to the Rural Landmarks Survey, there are no significant historic structures located on the property. It is noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify this property as core battlefield area for the First and Second Battles of Kernstown with retained integrity. This application was presented to the County’s Historic Resources Advisory Board (HRAB) who recommended approval of the rezoning application, with conditions. The Applicant’s proffer statement addresses these conditions. An agreement with the Kernstown Battlefield Association has been made regarding items that relate to the battlefield including building construction, landscaping and buffering, public viewing space and historical signage, and the exploration for, and preservation of, historical items. The agreement has been included with the comments for your information. 3) Site Suitability/Environment The site is not located within or near any 100 year floodplains. However, there are a substantial amount of wetlands identified on the site. The wetlands delineation has occurred and will be incorporated into the Master Development Plan for this project. This area is known for karst topography and special attention should be paid during development for potential sinkholes and related impacts. This should occur in coordination with the review of the County Engineer. The site does contain a small area of woodlands that will be disturbed with the development of the site. Rezoning #01-15 Blackburn Commerce Center April 21, 2015 Page 6 4) Potential Impacts This application recognizes the existing residential land uses that are zoned RP (Residential Performance) District that are located immediately adjacent to the Blackburn Property by providing buffering and landscape screening consistent with that of the landscape portion of a zoning district buffer, on the portion of the land that is to be rezoned, adjacent to the proposed zoning line. This green space buffer will be fifty feet wide and will remain undisturbed to continue its natural state and allow the maturing of the existing vegetation. The Zoning Boundary Exhibit prepared for this request identifies the proposed zoning line within the property separating the proposed M1 (Light Industrial) Zoning District from the existing RA (Rural Areas) Zoning District. Therefore, at no point does the proposed M1 zoning abut adjacent property that would require a zoning district buffer. For your information, the original rezoning in this area, RZ#04-98 immediately adjacent to the subject property to the north, included several proffers aimed at mitigating any impact on the adjacent residential land and historical properties. These included; a maximum height of 60 feet for all primary and ancillary structures, screening of all rooftop mechanical equipment, and screening of all loading docks from all adjacent Rural Areas (RA) and Residential Performance (RP) Zoning Districts. Further, landscape design features were proffered between all developed parts of the property and all RA and RP Zoning Districts. This included a berm that was a minimum of 6 feet higher than the adjacent Route 652 and landscape plantings consistent with those of the landscape screen. Said landscaping was defined. Recognizing this, the Blackburn Commerce Center application has addressed the height component by proffering the same standards to a point one thousand feet from Apple Valley Road. This distance is consistent with the depth of the above rezoning. Beyond that point, the County’s current height requirements would apply. The maximum height limit for primary structures in the M1 District is 60’. However, certain height limitation exceptions exist that would enable a greater height for certain structures. Of note, automated storage facilities in the M1 District would be permitted up to 100’ in height. The landscape portion of the above has been addressed in conjunction with the Kernstown Battlefield Association. Frederick County Transportation Comments: Frederick County Transportation’s review of the application for the rezoning of the Blackburn property has made it clear that numerous transportation issues exist in the nearby vicinity. Key needs for improvement include the intersection of Apple Valley Road and Route 11, Widening of Route 11, and the completion of Renaissance Drive from Route 11 to Shady Elm Road. In order to try and address their share of this traffic situation, the applicant has offered a cash proffer that is based upon the BPG rezoning proffer that was previously accepted. Staff believes this is a good strategy in this situation as it acknowledges the most key needs are on property the applicant does not control right of way for and allows the County to potentially leverage the cash proffer against state revenue sharing dollars to accomplish more. Rezoning #01-15 Blackburn Commerce Center April 21, 2015 Page 7 It should be noted that the cash proffer should be in addition to bicycle and pedestrian improvements on site and along the site frontage as well as any entrance requirements that might be made by the Virginia Department of Transportation. 5) Proffer Statement A) Allowed Uses: All of the uses permitted in the M1 (Light Industrial) District would be allowed. No additional use restrictions have been proffered by the Applicant. A Generalized Development Plan (GDP) has been used to illustrate the location of the proposed landscape/green space/buffer area design features, the preservation of the pond area, and the location of the two entrances to the property. B) Access Management and Transportation: Dawson Drive and the existing entrance onto Apple Valley Road are proffered as the two entrances for the property. Interparcel connections are also proffered to enable future access to the balance of the Rural Area (RA) portion of the property. The Applicant has proffered to participate in the cost of transportation improvements in the nearby area. The method for doing so is based upon a similar model used with the BPG rezoning Application. The Applicant will contribute to Frederick County a maximum of Six Hundred and Twenty Five Thousand and 00/100 Dollars ($625,000.00). Such Payments shall be made prior to the issuance of a Certificate of Occupancy for all building structures developed on the property, with each payment being in proportion to the square footage of the proposed construction on the property. This is consistent with the TIA developed for the project. The funds would be available to the County in its discretion and may be used by the County as a local match for Revenue Sharing Program projects. As an example, the application describes an anticipated project that will be submitted upon rezoning that may generate $153,000.00 for use in addressing transportation in the nearby area. It should be noted that the proffered maximum contribution of $625,000.00 would not be immediately available for use by the County. In addition, the improvements would not be completed by the Applicant. It is most likely that improvement projects would be completed by others as part of a Revenue Sharing Project. C) Site Development: The Applicant will develop the property with several building restrictions and landscape design features aimed at mitigating the impact of the project on the adjacent residential and historical properties proffered. These include a maximum height limitation of sixty (60) feet for all structures for a distance of one thousand feet from Apple Valley Road, Rezoning #01-15 Blackburn Commerce Center April 21, 2015 Page 8 the screening of all loading docks from adjacent properties, and the provision of green space buffer areas between Apple Valley Road and the development including the existing pond and a green space buffer fifty (50) feet wide in the area along the zoning boundary. D) Mitigating the Impact of Development: The Applicant has proffered a cash contribution in the amount of $10,000 to be directed to Frederick County Fire and Rescue. The purpose of this dedication would be to assist in the capital facility needs of fire and rescue associated with the development of this property. STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 92.066+/- acres of land from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers to accommodate industrial uses. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. With this rezoning, the applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property that have been identified as important to the overall transportation solution for this general area. The application has addressed the concerns identified by the various reviewing agencies and has worked with the Kernstown Battlefield Association to reach an agreement that addresses the historical context of this rezoning application. The application appears to have mitigated many of the impacts associated with the rezoning request. The Planning Commission should determine if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer appropriate. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. DAWSONIND PARKSubdivision COCA COLABUSINESS PARKSubdivision MARSHALL ACRESSubdivision SEWELL &ROYSTONSubdivision 0137 ST628 ST628 ST628 ST628 CRESTWOOD LN BUTTERSCOTCH CT CANDLEWICK DR GOOS E B E R R Y DR CRANBERRYCT C A L I C O C T LAD D E R B A C K CT NUTMEG LN M A R S H A L L LN JONES RD SO L D I E R S RES T L N RAM S E U R L N FR O G A L E C T J O R D A N D R DA W S O N D R MIDD L E R D STUART DR SHAD Y E L M R D AP P L E VA L L E Y R D R T 3 7 N Winchester 171OLDMIDDLE RD 171OLDMIDDLE RD 231SOLDIERSREST LN 243SOLDIERSREST LN 243SOLDIERSREST LN 275SOLDIERSREST LN 480SHADYELM RD 444SHADYELM RD 121INDUSTRIAL DR 130FROGALE CT 130FROGALE CT 206FROGALE CT 112FAY ST 104FAY ST 217POWDERHORN LN 131DAWSON DR 125APPLEVALLEY RD 398SHADYELM RD 131FROGALE CT 3475MIDDLE RD 260SHADYELM RD 150DAWSON DR 100DAWSON DR 170SHADYELM RD 321APPLEVALLEY RD 130MARSHALL LN 165MARSHALL LN 331APPLEVALLEY RD 246APPLEVALLEY RD 115MARSHALL LN 101CALICO CT 102CANDLEWICK DR 305CRANBERRY CT 3640MIDDLE RD 318APPLEVALLEY RD 100NUTMEG LN 300BUTTERSCOTCH CT 104BUTTERSCOTCH CT 208LADDERBACK CT 2610JONES RD 108LADDERBACK CT 3536MIDDLE RD 3523MIDDLE RD 452APPLEVALLEY RD 128LADDERBACK CT 203CRESTWOOD LN 2631JONES RD 2641JONES RD 472APPLEVALLEY RD 217OPEQUONCHURCH LN 100CRESTWOOD LN 148STUART DR 152STUART DR 160STUART DR 149STUART DR 151STUART DR 101STUART DR 536APPLEVALLEY RD 520APPLEVALLEY RD 127STUART DR 111STUART DR 104STUART DR 572APPLEVALLEY RD 554APPLEVALLEY RD 126STUART DR 122STUART DR 201JORDAN DR 112STUART DR 136JORDAN DR 116JORDAN DR 3362MIDDLE RD 610APPLEVALLEY RD602APPLEVALLEY RD 3075MIDDLE RD115LAUNCHRIS DR 203JORDAN DR 170JORDAN DR 3346MIDDLE RD 632APPLEVALLEY RD 2877MIDDLE RD 2193JONES RD 207JORDAN DR208JORDAN DR 3322MIDDLE RD 3217MIDDLE RD 652APPLEVALLEY RD 640APPLEVALLEY RD 3210MIDDLE RD 3155MIDDLE RD 3161MIDDLE RD 3175MIDDLE RD Applications Parcels Sewer and Water Service Area Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 8, 2015Staff: mruddy Winchester R T 3 7 N MIDD L E R D VA L L E Y P I K E AP P L E V A L L E Y R D JONES RD SHAD Y E L M R D STUART DR LAUNCH R I S D R RAMS E U R L N ROSE W O O D L N 0137 REZ # 01 - 15BlackburnPINs:63 - A - 80IRezoning from RA to M1 0 990 1,980495 Feet REZ 01-15 REZ # 01 - 15BlackburnPINs:63 - A - 80IRezoning from RA to M1 63 A 80I 0111 DAWSONIND PARKSubdivision COCA COLABUSINESS PARKSubdivision MARSHALL ACRESSubdivision SEWELL &ROYSTONSubdivision 0137 ST628 ST628 ST628 ST628 CRESTWOOD LN BUTTERSCOTCH CT CANDLEWICK DR GOOS E B E R R Y DR CRANBERRYCT C A L I C O C T LAD D E R B A C K CT NUTMEG LN M A R S H A L L LN JONES RD SO L D I E R S RES T L N RAM S E U R L N FR O G A L E C T J O R D A N D R DA W S O N D R MIDD L E R D STUART DR SHAD Y E L M R D AP P L E VA L L E Y R D R T 3 7 N Winchester 171OLDMIDDLE RD 171OLDMIDDLE RD 231SOLDIERSREST LN 243SOLDIERSREST LN 243SOLDIERSREST LN 275SOLDIERSREST LN 480SHADYELM RD 444SHADYELM RD 121INDUSTRIAL DR 130FROGALE CT 130FROGALE CT 206FROGALE CT 112FAY ST 104FAY ST 217POWDERHORN LN 131DAWSON DR 125APPLEVALLEY RD 398SHADYELM RD 131FROGALE CT 3475MIDDLE RD 260SHADYELM RD 150DAWSON DR 100DAWSON DR 170SHADYELM RD 321APPLEVALLEY RD 130MARSHALL LN 165MARSHALL LN 331APPLEVALLEY RD 246APPLEVALLEY RD 115MARSHALL LN 101CALICO CT 102CANDLEWICK DR 305CRANBERRY CT 3640MIDDLE RD 318APPLEVALLEY RD 100NUTMEG LN 300BUTTERSCOTCH CT 104BUTTERSCOTCH CT 208LADDERBACK CT 2610JONES RD 108LADDERBACK CT 3536MIDDLE RD 3523MIDDLE RD 452APPLEVALLEY RD 128LADDERBACK CT 203CRESTWOOD LN 2631JONES RD 2641JONES RD 472APPLEVALLEY RD 217OPEQUONCHURCH LN 100CRESTWOOD LN 148STUART DR 152STUART DR 160STUART DR 149STUART DR 151STUART DR 101STUART DR 536APPLEVALLEY RD 520APPLEVALLEY RD 127STUART DR 111STUART DR 104STUART DR 572APPLEVALLEY RD 554APPLEVALLEY RD 126STUART DR 122STUART DR 201JORDAN DR 112STUART DR 136JORDAN DR 116JORDAN DR 3362MIDDLE RD 610APPLEVALLEY RD602APPLEVALLEY RD 3075MIDDLE RD115LAUNCHRIS DR 203JORDAN DR 170JORDAN DR 3346MIDDLE RD 632APPLEVALLEY RD 2877MIDDLE RD 2193JONES RD 207JORDAN DR208JORDAN DR 3322MIDDLE RD 3217MIDDLE RD 652APPLEVALLEY RD 640APPLEVALLEY RD 3210MIDDLE RD 3155MIDDLE RD 3161MIDDLE RD 3175MIDDLE RD Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 8, 2015Staff: mruddy Winchester R T 3 7 N MIDD L E R D VA L L E Y P I K E AP P L E V A L L E Y R D JONES RD SHAD Y E L M R D STUART DR LAUNCH R I S D R RAMS E U R L N ROSE W O O D L N 0137 REZ # 01 - 15BlackburnPINs:63 - A - 80IRezoning from RA to M1 0 990 1,980495 Feet REZ 01-15 REZ # 01 - 15BlackburnPINs:63 - A - 80IRezoning from RA to M1 63 A 80I 0111 E REZONING APPLICATION #03-15 MBC, LC Staff Report for the Planning Commission Prepared: April 21, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/06/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To rezone 2.96+/- acres as follows: 0.60+/- acres from MH1 (Mobile Home Community) District to B2 (General Business) District and 2.36 acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the southern side of Route 7, and ¾ miles east of Winchester at Eckard Circle. EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 2.96 acres of land from B3 (Industrial Transition) District with restrictive proffers and the MH1 (Mobile Home Community) District to B2 (General Business) District with proffers to accommodate commercial uses. The property is located within Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land uses. With this rezoning, the applicant has proffered that this project will contribute to off-site pedestrian improvements based upon an increase in the intensity of the use of this site. With a maximum cap on the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. The Planning Commission should evaluate if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer appropriate. Aside from this, the application appears to have mitigated many of the impacts associated with the rezoning request. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #03-15MBC, LC April 21, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/06 /15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To rezone 2.96+/- acres as follows: 0.60+/- acres from MH1 (Mobile Home Community) District to B2 (General Business) District and 2.36 acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the southern side of Route 7, and ¾ miles east of Winchester at Eckard Circle. MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBERS: 55-A-34 and 55-A-34A PROPERTY ZONING: B3 (Industrial Transition) with Proffers that allow only one use; Mobile Home Sales. PRESENT USE: Vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Commercial RP (Residential Performance) Residential/Assisted Living South: MH1 (Mobile Home) Use: Mobile Home Community East: B2 (General Business) Use: Commercial West: M2 (Heavy Industrial) Use: Industrial Rezoning #03-15MBC, LC April 21, 2015 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached email dated March 23, 2015 from Matthew E. Smith, P.E. Fire and Rescue: Plan approved. Public Works Department: The proposed rezoning of 2.96 acres owned by MBC, LC is approved by The Public Works Department without further comments. Frederick County Sanitation Authority: Please see attached letter dated March 2, 2015, from Uwe e. Weindel, PE. Frederick-Winchester Service Authority: The applicant needs to be clearer on sewer and water. 1. 20” water easement has nothing to do with sewer conveyance. Does water main exist in easement? No technical comments. Frederick County Park & Recreation: Parks and Recreation encourages the proffered support for a Route 7 pedestrian crossing. However; identifying this as “in the vicinity of Millwood Drive” will put the crossing at a signalized intersection and is advised. Frederick County Public Schools: No comments. Frederick County Attorney: Please see attached letter dated March 27, 2015, from Roderick B. Williams, County Attorney. Planning & Zoning: 1) Site History In 1995, the property for which this rezoning being requested was subject to rezoning application RZ#03-95. This application was for a B3 (Industrial Transition) commercial zoning with proffers. The proffer statement was very specific in that it stated that the rezoned property shall only be used for manufactured home model display and sales with associated office. The property was previously zoned B2 (General Business). 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Rezoning #03-15MBC, LC April 21, 2015 Page 4 The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. In order for any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements or in any other manner consistent with the Code of Virginia. [2030 Comprehensive Plan, Implementing the Plan, V] Rezoning requests should be evaluated to determine their potential impacts on public facilities. Costs to the County should be estimated in terms of what impact the development, which could result from the proposed rezoning, would have on public facilities and infrastructure. [2030 Comprehensive Plan, Implementing the Plan, V] Rezoning requests should not be approved unless the net impacts on public facilities are positive, or unless the negative impacts can be adequately addressed through proffers or some other means. A request for rezoning may be turned down even though all fiscal impacts appear to be addressed. If there are other impacts which are not addressed by the rezoning application, or if the request does not conform to this plan, a similar method should be developed for determining the impacts of proposed developments on transportation systems and other public facilities. [2030 Comprehensive Plan, Implementing the Plan, V] Land Use. The 2030 Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with a high density residential land use designation. Historically, this property has been identified with a commercial land use designation and the area fronting along Route 7 has developed commercially. In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land uses. Site Access and Transportation. The Eastern Road Plan and the Senseny/Eastern Frederick Urban Area Plan call for Route 7 to be an improved major arterial road. Access to this site will be via a direct connection to Route 7, Berryville Pike, and indirectly, from Eckard Circle. The site is located in close proximity to the intersection of Route 7, Blossom Drive, and Millbrook Drive, a direct route to the Millbrook High and Red Bud Run Elementary school cluster, and the southern entrance to the Third Battle of Winchester Battlefield site. As a result of this, concern has previously been expressed about egress from this site for traffic looking to travel west on Route 7. In addition, the location of this intersection provides an opportunity to address pedestrian accommodations at this location that would benefit pedestrians and bicyclists using this area. Rezoning #03-15MBC, LC April 21, 2015 Page 5 The application proposes to stage the use of the entrances to this site based upon vehicle trip counts; closing the easternmost entrance (closest to the existing signal) with any development on the site and utilizing an entrance onto Eckard Circle until 500 Vehicle Trips per Day (VPD) is achieved. The westernmost entrance will be improved and ultimately be the entrance serving the site. As part of the development of this site, additional right-of-way will be dedicated along Route 7 and a 10’ hike/bike trail will be constructed. In addition, the owner proffers to contribute additional money available for pedestrian improvements along the Route 7 corridor; $10,000 when the use of the property generates more than 500 Vehicle Trips per Day (VPD), and $50,000 when uses on the property generate more than 1,500 VPD. It is noted that the guaranteed improvements are the same as those that would be required with the development of the site and the proffered contributions for additional pedestrian improvements would only occur if the use of the property increases in the future. Environment. Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [2030 Comprehensive Plan, Section VII, Natural Resources]. History. 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. 3) Site Suitability/Environment The site is not located within or near any 100 year floodplains. In addition, there are no woodlands or other environmental features on the site. 4) Potential Impacts It should be noted that this application provides no limitation on the potential commercial land use that may be developed on the site. All land uses permitted in the B2 district would be allowed. However, it is unlikely that they would be able to develop at their maximum intensity due to the Vehicle Trip per Day (VPD) cap that the Applicant has proffered (2,977 VPD). The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, therefore, the majority of the impacts addressed deal with transportation. This is a highway commercial location and a more intensive development proposal would be appropriate. As such, it is important to ensure the impacts associated with such a development are addressed. Rezoning #03-15MBC, LC April 21, 2015 Page 6 Transportation improvements to Route 7, Berryville Pike, are anticipated in the future. Therefore, it is important that the right-of-way needs for the future improvements to Route 7 are accommodated, and the application provides some contribution to transportation improvements resulting from the impacts of this new development. The additional dedication of right-of-way along Berryville Pike to provide a minimum right-of-way of 60’ from the road centerline of eastbound Route 7 appears to be sufficient. The proposed monetary contribution may be an acceptable alternative to the actual construction of physical improvements. It should be determined if the amount and timing of the contribution is sufficient given the potential use of the property. Frederick County Transportation Comments: Due to the recent receipt of VDOT’s comments on the package and their concerns with the TIA, staff would note that any comments that follow could be amended upon seeing updates/corrections to the TIA. Staff is supportive of the entrance limitations and pedestrians enhancements proffered by the applicant. However, as VDOT did, staff would note that there is a possible need for a right turn lane into the proposed entrance on Route 7 and would suggest that warrants be run to determine this. Due to the phased nature of the transportation proffers and the associated trips, perhaps the turn lane can be accommodated the same way. Finally, regarding R-O-W, it appears that 10’ is sufficient, but staff would recommend following VDOT’s recommendation of a conceptual layout to evaluate this. 5) Proffer Statement A) Allowed Uses: All of the uses permitted in the B2 (General Business) District would be allowed. No additional use restrictions have been proffered by the Applicant. This application addresses the intensity of the development by relating this to the number of Vehicle Trips per Day (VPD). 500 VPD and 1,500 VPD are the two triggers used to initiate entrance modifications and monetary contributions for off-site pedestrian improvements. A total cap on the development intensity on the site of 2,977 VPD is used by the Applicant. This is consistent with the TIA prepared for this application. B) Access Management and Transportation: The application proffers to stage the use of the entrances to this site based upon vehicle trip counts as follows:  Closing the easternmost entrance (closest to the existing signal) with any development on the site.  Utilizing an entrance onto Eckard Circle until 500 Vehicle Trips Per Day (VPD) is achieved. Rezoning #03-15MBC, LC April 21, 2015 Page 7 The westernmost entrance will be improved and ultimately be the entrance serving the site. The application proffers to contribute additional money available for pedestrian improvements along the Route 7 corridor based on vehicle trip counts as follows:  $10,000 when the use of the property generates more than 500 Vehicle Trips per Day (VPD)  $50,000 when uses on the property generate more than 1,500 VPD. It has been noted that this is the only potential contribution to off-site transportation improvements associated to this request. C) Site Development: No additional site development standards have been proffered. D) Mitigating the Impact of Development: The Applicant has proffered a cash contribution in the amount of $0.10 per building square foot to be directed to Frederick County Fire and Rescue. The purpose of this dedication would be to assist in the capital facility needs of fire and rescue associated with the development of this property. The Applicant has proffered a restriction on outdoor construction activities on the site to minimize the potential impact of the development of the site on the residents of the neighboring mobile home park. STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 2.96 acres of land from B3 (Industrial Transition) district with restrictive proffers and the MH1 (Mobile Home Community) District to B2 (General Business) District with proffers to accommodate commercial uses. The property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). In general, the proposed commercial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote the existing commercial land uses along the Route 7 corridor. This general area continues to contain and promote both commercial and residential land uses. With this rezoning, the applicant has proffered that this project will contribute to off-site pedestrian improvements based upon an increase in the intensity of the use of this site. With a maximum cap on the total Vehicle Trips per Day for this site of 2,799 VPD, the transportation impacts associated with this request are limited to an extent. The Planning Commission should evaluate if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer appropriate. Aside from this, the application appears to have mitigated many of the impacts associated with the rezoning request. Rezoning #03-15MBC, LC April 21, 2015 Page 8 Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. 017 BLO S S O M D R EC K A R D C I R BERRYVILLEPIKE 209COLE LN 156COLE LN 130BLOSSOM DR 408ECKARDCIR 408ECKARDCIR 128BLOSSOM DR 126BLOSSOM DR 123BLOSSOM DR125BLOSSOM DR 124BLOSSOM DR 121BLOSSOM DR 122BLOSSOM DR 119BLOSSOM DR 120BLOSSOM DR 116BLOSSOM DR 114BLOSSOM DR 1752BERRYVILLEPIKE 112BLOSSOM DR 1730BERRYVILLEPIKE 110BLOSSOM DR 1832BERRYVILLEPIKE 1748BERRYVILLEPIKE 1790BERRYVILLEPIKE 106BLOSSOM DR 104BLOSSOM DR 1846BERRYVILLEPIKE 1725BERRYVILLEPIKE 1775BERRYVILLEPIKE 1785BERRYVILLEPIKE 1793BERRYVILLEPIKE 1803BERRYVILLEPIKE 1811BERRYVILLEPIKE 123DENNY LN Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 8, 2015Staff: mruddy BERRYVILLE PIKE CO L E L N BLO S S O M D R DO G W O O D R D DE N N Y L N RE G E N C Y L A K E S D R CARDINAL L N BERRYVILLE PIKE 017 REZ # 03 - 15MBC, LCPINs:55 - A - 34, 55 - A - 34ARezoning from MH1/B3 to B2 0 190 38095 Feet REZ 03-15 REZ 03-15 REZ # 03 - 15MBC, LCPINs:55 - A - 34, 55 - A - 34ARezoning from MH1/B3 to B2 55 A 34A 017 BLO S S O M D R EC K A R D C I R BERRYVILLEPIKE 209COLE LN 156COLE LN 130BLOSSOM DR 408ECKARDCIR 408ECKARDCIR 128BLOSSOM DR 126BLOSSOM DR 123BLOSSOM DR125BLOSSOM DR 124BLOSSOM DR 121BLOSSOM DR 122BLOSSOM DR 119BLOSSOM DR 120BLOSSOM DR 116BLOSSOM DR 114BLOSSOM DR 1752BERRYVILLEPIKE 112BLOSSOM DR 1730BERRYVILLEPIKE 110BLOSSOM DR 1832BERRYVILLEPIKE 1748BERRYVILLEPIKE 1790BERRYVILLEPIKE 106BLOSSOM DR 104BLOSSOM DR 1846BERRYVILLEPIKE 1725BERRYVILLEPIKE 1775BERRYVILLEPIKE 1785BERRYVILLEPIKE 1793BERRYVILLEPIKE 1803BERRYVILLEPIKE 1811BERRYVILLEPIKE 123DENNY LN Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 8, 2015Staff: mruddy BERRYVILLE PIKE CO L E L N BLO S S O M D R DO G W O O D R D DE N N Y L N RE G E N C Y L A K E S D R CARDINAL L N BERRYVILLE PIKE 017 REZ # 03 - 15MBC, LCPINs:55 - A - 34, 55 - A - 34ARezoning from MH1/B3 to B2 0 190 38095 Feet REZ 03-15 REZ 03-15 REZ # 03 - 15MBC, LCPINs:55 - A - 34, 55 - A - 34ARezoning from MH1/B3 to B2 55 A 34A From: Funkhouser, Rhonda (VDOT) [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Smith, Matthew, P.E. (VDOT) Sent: Monday, March 23, 2015 9:02 AM To: Tim Stowe Cc: John Bishop; Short, Terry (VDOT); Campbell, Adam (VDOT); Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: MBC, LLC - VDOT Comments to Rezoning/TIA Please find VDOT’s review comments on the MLB LLC Rezoning/Traffic Impact Analysis as received by this office February 25, 2015: 1. All Synchro models and analysis reports included with the submission of the TIA contain incorrect, permissive only left turn phasing at both signalized intersections within the study area. The existing year Synchro analysis must utilize existing signal phasing and timing. Please contact Grant Sanders in Traffic Engineering in the Staunton District Office to request existing signal data (grant.sanders@vdot.virginia.gov). For all future year Synchro models, the two signalized intersections within the study area should be coordinated and optimized for analysis. Once the Synchro models have been updated to provide the correct signal phasing, the report will need to be revised to reflect the updated analysis and output results. Also note that the current Level of Service and delays presented in Tables 1 – 4 of the TIA do not reflect the invalid Synchro models or output reports included in Appendix B. 2. Please provide a right turn lane warrant analysis for the site entrance in the report. With the build out right turn volumes and approaching volumes on Route 7, a full right turn lane and taper will be required. Update the report to provide the right turn lane as a recommendation and include a cost estimate. VDOT recommends that the right turn lane improvement at the site entrance should also be included in the associated proffers with the same 1,500 site generated VPD trigger as existing proffer 1.c.i. 3. A concept plan has not been included in the report. At a minimum, please provide a scaled concept plan that shows the site boundary, existing conditions, proposed entrances (including lane configuration and throat depth), existing right-of-way width and proposed right-of-way dedication (with dimensions). 4. There is concern that the 10’ of right-of-way dedication along the property frontage of Route 7 currently included in the proffers will not accommodate the planned, future widening. Providing the concept plan as requested above in comment #3 will assist in this determination. 5. Update the Current Zoning section on page 3 of the report to remove “light manufacturing” from the requested zoning. 6. Provide the posted speed limit of 45 mph for Route 7 along the property frontage in the Existing Roadways section on page 4 of the report. Update all Synchro models to increase the designated speed from 30 mph to 45 mph on Route 7. 7. Update the Peak Hour Factor to 0.92 for all movements in the future year Synchro models. 8. Per the description of Figure 6 on page 6 of the report and the actual title description, Figure 6 is supposed to illustrate current lane geometry, but is inaccurate. Please update Figure 6 to represent the correct lane geometry or provide an additional figure to show existing lane configurations. 9. Please revise the Trip Distribution and Pass By Adjustment diagrams (Figures 10 and 10A) to clarify trip assignments for each movement. The current positioning of the trip figures is somewhat unclear in terms of the assigned movement. 10. Please provide an additional Figure in the report that identifies the location and provides a description of the recommended improvements. If you have any questions, please do not hesitate to contact us. Matthew B. Smith, P.E. | Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew.Smith@vdot.virginia.gov F MASTER DEVELOPMENT PLAN #02-15 Blackburn Commerce Center Staff Report for the Planning Commission Prepared: April 21, 2015 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/06/15 Pending Board of Supervisors: 05/13/15 Pending PROPOSAL: To develop 139.96 acres zoned RA (Rural Areas) and M1 (Light Industrial) Districts with industrial land uses. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 63-A-80I and 63-A-58C LOCATION: The properties are located adjacent to Apple Valley Road, Dawson Drive and Route 37. PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) and RA (Rural Areas) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) Use: Kernstown Battlefield, Church RP (Residential Performance) Residential South: M1 (Light Industrial) Use: Industrial East: RP (Residential Performance) Residential M1 (Light Industrial) Use: Industrial West: N/A Use: Route 37 STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: The Master Development Plan for the Blackburn Commerce Center depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. This MDP is in a form that is administratively approvable once Rezoning #01-15 for the Blackburn Property is approved and if the requested wavier for private streets is approved. The MDP is also in conformance with the proffers for Rezoning #01-15 (pending) and Rezoning #04-98. All of the issues brought forth by the Planning Commission should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MDP #02-15Blackburn Commerce Center April 21, 2015 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review has been conducted for the Blackburn Commerce Center Preliminary Master Development Plan dated April 8, 2015 which was received in our office on April 10, 2015. We have no objections to this plan as submitted. Frederick County Fire Marshal: Plans approved. Frederick County Public Works: Plans approved. Frederick County Inspections: No comments required at this time, shall comment on site plan review. Frederick County Sanitation Authority: Please see attached letter dated April 13, 2015, from Uwe E. Weindel, PE. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County’s agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. Parcel 63-A-58C was rezoned to the M1 District with proffers as part of the Coca-Cola Business Center application (Rezoning #04-98). C) Site Suitability & Project Scope Comprehensive Policy Plan: The 2030 Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. MDP #02-15Blackburn Commerce Center April 21, 2015 Page 3 Land Use Compatibility: The North East Land Use Plan, Appendix I of the 2030 Comprehensive Plan, designates this property for planned industrial land uses. The parcels comprising this MDP application are also located within the County’s Sewer and Water Service Area (SWSA). Site Access and Transportation: Parcel 63-A-58C currently has an existing entrance on Apple Valley Road w hich will serve this parcel as well as provide for an interparcel connection into 63-A-80I. A connection with Dawson Drive is also proposed and shown on the MDP. No additional access points on Apple Valley Road are permitted for the M1 zoned portion of the Blackburn property. Landscaping and Buffers: The MDP shows the continuation of the full screen along Apple Valley Road (berm and landscaping), that is present on the Coca-Cola Business Park properties as well as greenspace buffers around the existing pond and between the proposed M1 zoning boundary of the Blackburn property and the retained RA zoning of the remainder of the site. Interpretative Pull Off: There is an interpretative pull off shown on 63-A-58C for the Kernstown Battlefield foundation that overlooks the battlefield and the existing pond on the Blackburn property. Private Road Waiver: The applicant is requesting to utilize private roads within the Blackburn Commerce Center development, therefore a waiver of §144-24C of the Frederick County Subdivision Ordinance to allow the subdivision of lots on private roads has been requested. A recommendation from the Planning Commission to the Board of Supervisors on this waiver is necessary. STAFF CONCLUSIONS FOR THE 05/06/15 PLANNING COMMISSION MEETING: The Master Development Plan for the Blackburn Commerce Center depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. This MDP is in a form that is administratively approvable once Rezoning #01-15 for the Blackburn Property is approved and if the requested wavier for private streets is approved. The MDP is also in conformance with the proffers for Rezoning #01-15 (pending) and Rezoning #04-98. All of the issues brought forth by the Planning Commission should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. DAWSONIND PARKSubdivision COCA COLABUSINESS PARKSubdivision MARSHALL ACRESSubdivision SEWELL &ROYSTONSubdivision 0137 ST628 ST628 ST628 GOOS E B E R R Y DR CRANBERRY CT C A L I C O C T LAD D E R B A C K CT NUTMEG LN SO L D I E R S RE S T L N M A R S H A L L LN JONES RD RAMS E U R L N FR O G A L E C T JORDA N D R DA W S O N D R MID D L E R D STUART DR SHAD Y E L M R D AP P L E VA L L E Y R D R T 3 7 N BUTTERSCOTCH CT CANDLEWICK DR CRESTWOOD LN Winchester 62 A 40 62 A 41 62 A 41 74 A 67B 62 A 82 62 A 83 63 7 3 63 7 2 63 7 1 63 A 59D 63 6 2 63 A 60B 63 A 61 63 A 61C 63 A 61B 63 A 61A 63 A 66A 62 A 81 63 A 59E 63 A 61F 63 A 59B 63 8 4 63 A 57 63 A 59C 63 A 61D 63 8 3 63 A 61E 62 A 80 63 A 58A 63 8 2 63 8 1 63 A 80I 63 8 2 63 A 58 62 10 4 63 A 58B62 10 1 62 10 3 63 A 58C 63 A 4563 A 46 63B 3 172A 63B 3 172A 63B 31 72A 63 A 44 62 10 2 63B 31 6763B 31 71 62 10 6 63 A 41 63 A 42A 63B 31 51 63B 31 55 63 A 18B 63B 32 87A 63B 31 9 63B 3 2 89 62 10 5 63 A 18A 63B 32 38 62 A47A 62 A 79 63A 1 33 63B 22 71 63B2 2 80 62A 4B 5 62A 4B 7 62A 4B 9 63 A 17 63A 1 29 63A 1 31 63B 32 27 63 A 19 63B 22 76 62A 31 16 62A 31 14 62A 31 13 62A 31 11 63A 1 2163A 1 23 63 A 18C 62A 31 8 62A 31 6 62A 31 5 62A 31 4 62A 13 18 62A1 3 19 63A 1 15 63A 1 17 63A 1 19 62A 2B 26 62A 2A 12 62A 13 16 62A 13 36 62 A 78 63A 1 9 63A 1 11 63A 1 13 62A 2B 28 62A 2B 29 62A 13 30 62 9 7A62A 13 31 62A 13 3262A 13 33 62A 13 34 62 9 3 62 9 2 62 9 1 63A 1 163A1 3 63A 1 5 63A 1 7 63 A 1862A 72 24 62 9 5A 62 9 4 62 1 A 63 A 15A 63 A 7A 62 A 74 62 9 9 62 9 8 62 9 6 62 6 1 62 1 B 63 A 14 63 A 16 63 A15C 62 6 7 62 1 B1 62 A 75 63 A 18D 62 6 6 62 6 2 63 A 6A62 6 3 63 A 15B 62 6 5 63 A 15 62 6 4 62 A 7362 A 73B 63 A 13 Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 15, 2015Staff: cperkins Winchester R T 3 7 N MIDD L E R D VA L L E Y P I K E AP P L E V A L L E Y R D JONES RD SHAD Y E L M R D STUART DR LAUNCH R I S D R RAMS E U R L N ROSE W O O D L N 0137 MDP # 02 - 15Blackburn Commerce CenterPINs:63 - A - 58C, 63 - A - 80IWarehousing/Light Manufacturing 0 990 1,980495 Feet MDP 02-15 MDP 02-15 0111 MDP # 02 - 15BlackburnCommerce CenterPINs:63 - A - 58C, 63 - A - 80IWarehousing/Light Manufacturing