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HomeMy WebLinkAbout03-17 BOS Staff ReportREZONING APPLICATION #03-17 RUTHERFORD CROSSING Staff Report for the Board of Supervisors Prepared: June 30, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/07/17 Public Hearing Held; Recommended Approval Board of Supervisors: 07/12/17 Pending PROPOSAL: To rezone 22.16+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers and 27.07+/- acres of land zoned M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. LOCATION: The subject property fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford Crossing Development. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/12/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 49.23 acres of land from the M1 District to the B2 and M1 Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M1 District with proffers to the B2 District with proffers and 27.07 acres from the M1 District to the M1 District with revised proffers. The subject property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current zoning of the subject property. Staff would note that the property is adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located the northwestern side of the W&W Railroad Line, will retain the existing M1 zoning designation. The property was originally zoned to the M1 District in 2001 and revised in 2004 and 2007. The proffers associated with this rezoning are constant with the obligations entered into with the original rezoning. Specifically, the application still accounts for the 1,245,000 sf building cap, the dedication of Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their June 7, 2017 meeting. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #03-17 Rutherford Crossing June 30, 2017 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: 06/07/17 Public Hearing Held; Recommended Approval Board of Supervisors: 07/12/17 Pending PROPOSAL: To rezone 22.16+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers and 27.07+/- acres of land zoned M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. LOCATION: The subject property fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford Crossing Development. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-99 PROPERTY ZONING: M1 (Light Industrial) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M2 (Industrial General) Use: Vacant RA (Rural Areas) Use: Residential South: RP (Residential Performance) Use: Residential B2 (General Business) Commercial M1 (Light Industrial) Office/Vacant East: RA (Rural Areas) Use: Residential M1 (Light Industrial) Office M2 (Industrial General) Use: Vacant West: M1 (Light Industrial) Use: Vacant B2 (General Business) Commercial Rezoning #03-17 Rutherford Crossing June 30, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been completed on the Rutherford Crossing Parcel 43-A-99 Rezoning dated March 7, 2017 and received by this office March 13, 2017. VDOT is satisfied with the transportation proffers offered in this rezoning application. Frederick County Fire Marshall: Plan approved. Frederick County Sanitation Authority: Please see letter from Eric R. Lawrence, AICP, Executive Director dated April 5, 2017. Frederick County Department of Public Works: Upon review of the subject rezoning request, we offer the following comments:  A comprehensive review of stormwater management, erosion and sediment control, site grading, etc. will be performed at the time of site plan review.  Any proposed disturbance of wetlands, flood plains, etc. shall be carefully mitigated and submission of any federal, state, or local environmental permits shall be submitted at the time of land disturbance application.  As part of the original Rutherford Crossing Development, off-site improvements were performed on the DeHaven property. A review and inspection of the downstream properties shall be performed by the developer, downstream property owners and Frederick County Staff to ensure the channel improvements are functioning as designed and constructed. During this inspection, we want to ensure no erosion and degradation of the channel is occurring. If it’s determined that impacts are occurring, the channel work shall be performed as part of the new development. It is possible that additional stormwater management controls on site could be necessary. The stormwater design requirements shall comply with Frederick County Chapter 143 and VADEQ requirements.  We offer no additional comments. We recommend approval of the subject rezoning. Frederick County Attorney: The proffer statement dated April 19, 2017 is legally sufficient as a proffer statement. City of Winchester: The City of Winchester has no comments as water and sewer is provided by the F.C.S.A. Planning & Zoning: 1) Site History On April 22, 2002 the County approved Rezoning #07-01 which rezoned 113 acres from the RA (Rural Areas) District and 3.7 acres from the RP (Residential Performance) District to the M1 (Light Industrial) District, rezoned 21.8 acres from the RA District and 1.4 acres from the RP District to the B2 (General Business) District, rezoned 14.5 acres from the RA District to the B3 Rezoning #03-17 Rutherford Crossing June 30, 2017 Page 4 (Industrial Transition) District with proffers (including an IA Interstate Area Overlay). On July 14, 2004 the County approved Rezoning #06-04 which rezoned 13.4 acres from the RA (Rural Areas) District, the B2 (General Business) District, the B3 (Industrial Transition) District and the M1 (Light Industrial) District to the B2 and B3 Districts with proffers. This was a reconfiguration of 12.65 acres that was part of Rezoning #07-01, plus the rezoning of .75 adjoining additional acres. All proffers associated with Rezoning #07-01 were carried forward to Rezoning #06-04. On January 24, 2007 the County approved Rezoning #17-06 which rezoned a portion of the property to the B2 District and also updated the proffers for the remainder of the site which totaled 138.6 acres (minus the FEMA property). 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subject property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current zoning of the subject property. Staff would note that the property is adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located on the northwestern side of the W&W Railroad Line, will retain the existing M1 zoning designation. Environmental Features It should be noted that approximately 95% of the property located on the northwestern side of the W&W Railroad Line (the retained M1 area) is within the Hiatt Run floodplain. A portion of the subject property proposed to be rezoned to the B2 District also contains floodplain. Transportation and Site Access The subject property has frontage on both Milton Ray Drive and Market Street; access will be determined in the future at the site plan stage. Rezoning #03-17 Rutherford Crossing June 30, 2017 Page 5 The proffers associated with this rezoning are consistent with the obligations entered into with the 2006 proffer statement for this property. Specifically, the proffer statement continues to dedicate the land area within the property for the 350 foot wide Route 37 corridor and the interchange ramp access area. The Owners shall prepare and submit the plat for the dedication within 90 days of request by the County. The proffer statement also continues to require a Transportation Impact Analysis (TIA) for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Owners have proffered that the improvements demonstrated by the TIA shall be included in the site plan design for the development application. All other transportation improvements identified in the 2006 proffer statement have been completed. 3) Proffer Statement – Dated March 7, 2017, Revised April 19, 2017: A. RZ #17-06 Proffer Statement:  The Owners recognize that parcel 43-A-99 was one of three parcels covered under Rezoning #17-06. The Owners recognize that the 2006 rezoning established a limit of 1,245,000 square feet of total building structural area and limited the site to three Interstate Overlay signs. The Owners agree that future development activities within the property will be subject to these limitations.  Staff Note: The site is currently approved for 430,795 sf of structural area (includes constructed and approved totals). B. Transportation Enhancements:  Proffer to dedicate the land area within the property for the 350 foot wide Route 37 corridor and the interchange ramp access area. The Owners shall prepare and submit the plat for the dedication within 90 days of request by the County.  The Owner proffers to submit a Transportation Impact Analysis (TIA) for future site plans proposed for the property that exceed 26,652 ADT as calculated for land developed within the total acreage of Parcels 43-A-98, 43-A-99 and 43-A-100 (as they existed when approved with Rezoning #17-06). The Owners proffer that the improvements demonstrated by the TIA shall be included in the site plan design for the development application.  Staff Note: As outlined in the Applicant’s Impact Analysis, the current project volume from the site for all constructed and approved development totals 24,095 ADT. C. Property Development Requirements:  Monetary Contribution of $0.10 per developed primary structural square foot for Fire and Rescue.  Prohibited Use – Truck Stops (SIC 5541) Rezoning #03-17 Rutherford Crossing June 30, 2017 Page 6 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/07/17 MEETING: Staff reported this application is to rezone a total of 49.23 acres of land from the M1 District to the B2 and M1 Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M1 District with proffers to the B2 District with proffers and 27.07 acres from the M1 District to the M1 District with revised proffers. Staff noted this property was originally rezoned in 2001, and revised in 2004 and 2007. Staff then provided an overview of the site and the proposed proffers. Mr. Evan Wyatt with Greenway Engineering, representing the Applicant came forward. Mr. Wyatt stated that the area seeking a rezoning to the commercial district would be consistent with the existing commercial areas within Rutherford Crossing and the proffers are still intact from the original rezoning. A Commission Member inquired with regards to the monetary contribution proffered to Fire & Rescue; with the change from light industrial to business, this may also impact the local police therefore would it be appropriate to offer the Sheriff’s Department a monetary contribution as well. Mr. Wyatt noted the expectation over time with rezonings has been to support Fire & Rescue therefore they have tried to mirror other commercial and industrial rezonings which is the $0.10 per square foot and he feels it is appropriate. A Commission Member requested clarification that the M1 parcel being rezoned is just revising proffers and what is this accomplishing. Mr. Wyatt explained specifically the application seeks to rezone 22.16 acres from M1 District with proffers to B2 District with proffers and 27.07 acres from M1 District to M1 District with revised proffers. A Commission Member commented there are approximately seven residential properties along Route 11, would like to see the Applicant be willing to provide a 20 foot sewer easement across the back of these properties. A motion was made, seconded, and unanimously passed to recommend approval of REZ #03-17 for Rutherford Crossing. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/12/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 49.23 acres of land from the M1 District to the B2 and M1 Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M1 District with proffers to the B2 District with proffers and 27.07 acres from the M1 District to the M1 District with revised proffers. The subject property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current zoning of the subject property. Staff would note that the property is adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located the northwestern side of the W&W Railroad Line, will retain the existing M1 zoning designation. Rezoning #03-17 Rutherford Crossing June 30, 2017 Page 7 The property was originally zoned to the M1 District in 2001 and revised in 2004 and 2007. The proffers associated with this rezoning are constant with the obligations entered into with the original rezoning. Specifically, the application still accounts for the 1,245,000 sf building cap, the dedication of Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their June 7, 2017 meeting. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.