The URL can be used to link to this page

Home My WebLink About04-17 Comments (2)Candice Perkins From: Tim Stowe <timstowe@stowecompanies.com> Sent: Thursday, October 5, 2017 10:25 AM To: Rod Williams Cc: Candice Perkins; John Bishop; Gray Farland (gfarland@howardshockey.com) Subject: Carbaugh Rezoning - Review Comment Responses Attachments: GDP 10042017.docx; Carbaugh Rezoning Proffers Draft Six.docx Rod, In response to your review comments on the proffers and GDP for the subject rezoning, the documents have been revised and are attached for your approval. Specifically, the following changes have been made: a. "Applicant" has been changed to "owner' in the Proffer Statement b. Preliminary Matters - The sentences have been combined in the Proffer Statement c. Generalized Development Plan - The GDP has been incorporated as part of the Proffer Statements d. The Proffer Statement was revised to indicate "whichever event occurs first" e. The current revised Proffer Statement reflects the following: Item 1— The statement has been revised to impose the obligation when the first of the two options occurs. Item 2 — Text has been revised to read "This dedication is to be made within 90 (ninety) days after the date of the approved Rezoning Application." Item 3 — Text has been revised to read "This dedication is to be made with 90 (ninety) days of a written request by Frederick County." Item 4 — Text has been revised to read "This grant is to be made with 90 (ninety) days of a written request by Frederick County." Site Improvements, Item 4 - The Proffer Statement has been revised to "grading/slope" easement. g. Site Improvements, Item 5 - See the revised Proffer Statement, Site Improvements, Item 5. h. Building restrictions, Item 1 - The Proffer Statement was been revised to "west of Shady Elm Road" i. Landscape Design Features, Item 1 - The Proffer Statement was revised to "The trees are to be planted within 120 (one hundred and twenty) days of written request by Frederick County." Should you require any additional information, please feel free to contact me. Thank you Tim Stowe Stowe Engineering 540.686.7373 v I 540.336.0656 m 1540.301.1100 f COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 7. 2017 Mr. Tim Stowe. PE. LS Stowe Engineering, PLC 103 Heath Court Winchester. Virginia 22602 RE: Proposed Rezoning for Carbaugh Business Center Property Identification Numbers (PINs): 74-A-68 and 74-A-69 Dear Tim: I have had the opportunity to review the draft rezoning application for the Carbaugh Business Center. This application seeks to rezone two properties totaling 107.21 acres from the RA (Rural Areas) Districts to the M 1 (Light Industrial) District with proffers. The review is generally based upon the proffer statement submitted on July 13. 2017. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. I. Kernstown Area Plan — Land Use. The 2035 Comprehensive Plan and the Kemstown Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies these properties with an industrial land use designation. The proposed M I Zoning is generally consistent with the Kernstown Area Plan as it relates to this area. The land use plan depicts access to this site through a new major collector road, Renaissance Drive. 2. Proffer — Site Improvements. a. Shady Elm Road is a rural roadway that is not set up to accommodate new industrial entrances at this point. This roadway should not be utilized for new industrial entrances which would place heavy industrial traffic in close proximity to existing rural residential land uses, even on a temporary basis. Staff recommends that the proffer be revised to state that Renaissance Drive must be completed prior to any occupancy pen -nits granted for any proposed structures. Page 2 Mr. Tiny Stowe RE: CarbauQh Business Center August 7. 2017 b. A proffer should be included that restricts the location of temporary construction entrances. Construction entrances should not be placed near existing residential land uses along Shady Elm Road. Any temporary entrances (including temporary construction entrances) should be provided adjacent to Renaissance Drive. c. Proffer 2 and 3 from this section should be expanded to state "to Frederick County for Dedication to NTDOT d. Proffer 7 from this section should be modified to state that the owner will provide interparcel connections for all new lots to provide access to the two new access points on Renaissance Drive to ensure future lots have access to an improved collector road and do not impact Shady Elm Road. 3. Proffer — Building Restrictions. a. Proffer 2 under this section is a requirement of the Subdivision Ordinance and should be removed. b. Staff suggests providing a proffer for building facades facing Shady Elm Road and Renaissance Drive (cast stone, stone, brick. architectural block, glass, wood, dry vit or stucco — similar to the Artillery proffer statement). c. A proffer for a multi -tenant complex sign is suggested along Shady Elm Road and Renaissance Drive, with prohibitions for individual business signs along Shady Elm Road. d. Flashing loading bay lighting should be addressed with this proffer statement in addition to the proffer for screening. Industrial facilities on similar properties contain flashing loading bay lights. 4. Proffer — Landscape Design Features. a. Proffer 1 under this section is proffering less than the buffer section of the Zoning Ordinance. The land uses across Shady Elm Road consist of single family residential — therefore a full distance buffer would be required (three trees per ten linear feet — evergreen, shrub, deciduous and a 6' berm). Staff suggests depicting the three trees per ten linear feet along Shady Elm Road and providing street trees along Renaissance Drive on the GDP. b. Proffer 2 from this section is proffering less than the buffer section of the Zoning Ordinance. The southwestern portion of the property is adjacent to RA residential land uses and therefore the minimum required is a Category C — full screen 100' buffer. 5. Proffer — Monetary Proffer. Recent rezonings have included a $0.05-50.10 per building square foot proffer to Fire and Rescue, staff recommends keeping within this range. The Fire and Rescue proffer provided with this rezoning equates to Pa( -Ye 3 Mr. Tim Stowe RE: Carbaugh Business Center August 7, 2017 S0.02 per building square foot based on the 1.000.000 square foot assumptions provided in the application. 6. Impact Analysis. Expand the parameters of the impact analysis section pertaining to surrounding properties. This development will impact a number of existing rural residential land uses along Shady Elm Road and adjacent to the southwestern property line of the proposed rezoning. Consideration of the topography and viewshed from the residential properties and the existing agricultural operation along Shady Elm Road should be addressed in this section. 7. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation. are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. S. Agenev Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick County Sanitation Authority. Health Department, the local Fire and Rescue Company, the County Attorney, the Historic Resources Advisory Board (HRAB) and the Frederick -Winchester Senice Authority. 9. Fees. Based on the fees adopted by the Board of Supervisors on April 23. 2008, the rezoning fee for this application would be 520.721.00 based upon acreage of 107.21 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely. Candice E. Perkins, AICP, CZA Assistant Director CEP/pd COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 7. 2017 Mr. Tim Stowe. PE. LS Stowe Engineering. PLC 103 Heath Court Winchester, Virginia 22602 RE: Transportation Comment for Proposed Rezoning for Carbaugh Business Center Property Identification Numbers (PINs): 74-A-68 and 74-A-69 Dear Tim: Thank you for the opportunity to review the draft rezoning application for the Carbaugh Business Center to rezone two properties totaling 107.21 acres from the RA (Rural Areas) Districts to the M1 (Light Industrial) District with proffers. The review is based upon the undated proffer statement submitted on July 13. 2017. Transportation Comments Renaissance Drive Proffer 1 notes that the applicant is willing to provide S820,000.00 toward the completion of Renaissance Drive. As noted in the TIA, Renaissance Drive is important in offsetting the impact of the proposed development and will comprise a significant portion of traffic on the roadway. The current proffer is insufficient to move the project to bid. Based upon that, though the TIA notes the need of Renaissance Drive to offset the traffic impact, the current proffer does not offset the transportation impact of the proposed development. 2. Entrances Proffer 5 notes that the owner may use two temporary entrances on Shady Elm until such time as Renaissance Drive is in place for construction and commercial purposes. Extreme care should be taken to minimize the impact of this traffic on the residential neighborhood on the west side of Shady Elm Drive and staff would suggest that the applicant coordinate with County Staff and VDOT to keep any access as close to the final intended location on future Renaissance Drive as possible. Particularly in the case of actual commercial Page 2 Mr. Tim Stowe RE: Carbaugh Business Center August 7. 2017 entrances. staff believes it would be difficult to relocate a commercial entrance once established. 3. Bicycle and Pedestrian Accommodation In keeping with the Comprehensive plan and due to the significant number of potential future employees as well as existing residents. please work to mirror the trail that has been proffered along Shady Elm Drive by previous rezonings. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerel John A. Bishop, AICP Assistant Director -Transportation JAB/pd