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HomeMy WebLinkAbout04-17 PC Staff ReportREZONING APPLICATION #04-17 CARBAUGH BUSINESS CENTER Staff Report for the Planning Commission Prepared: October 23, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director John Bishop, AICP, Assistant Director–Transportation Reviewed Action Planning Commission: 11/01/17 Pending Board of Supervisors: 12/13/17 Pending PROPOSAL: To rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The site has an address of 831 Shady Elm Road (Route 651) and are located on the southeastern side of Shady Elm Road, approximately 1.11 miles southwest of the intersection of Shady Elm Road and Apple Valley Road (Route 652). The southeastern portion of the site is bounded by the CSX Railroad. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/01/17 PLANNING COMMISSION MEETING: This is an application to rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The subject properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies these properties with an industrial land use designation which is generally consistent with the requested M1 zoning. With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the site that have been identified as important to the overall transportation solution for this general area. The Applicant has proffered to participate in the cost of transportation improvements to Renaissance Drive (up to a maximum of $1,080,000.00), right-of-way dedications for Renaissance Drive and Shady Elm Road, limits on the number of access points for the site, and proffers for inter-parcel connections for all new parcels. The Applicant has also provided proffers for the screening of loading docks, landscaping, signage, documentation of the Carbaugh House and monetary proffers for fire and rescue purposes. 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 #03-17 Carbaugh Business Center October 23, 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 a ssist 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: 11/01/17 Pending Board of Supervisors: 12/13/17 Pending PROPOSAL: To rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The site has an address of 831 Shady Elm Road (Route 651) and are located on the southeastern side of Shady Elm Road, approximately 1.11 miles southwest of the intersection of Shady Elm Road and Apple Valley Road (Route 652). The southeastern portion of the site is bounded by the CSX Railroad. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 74-A-68 and 74-A-69 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) District Use: Vacant RA (Rural Areas) District Residential, Agriculture South: RA (Rural Areas) District Use: Residential, Agriculture East: B3 (Industrial Transition) District Use: Commercial RA (Rural Areas) District Railroad West: RA (Rural Areas) District Use: Residential, Agriculture Rezoning #03-17 Carbaugh Business Center October 23, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation (VDOT): Please see the attached email from Matthew Smith, P.E., dated September 7, 2017. Frederick County Fire Marshall: Approved Frederick Water: Please see the attached letter from Eric R. Lawrence, Executive Director dated August 18, 2017. Frederick County Department of Public Works: A comprehensive review shall occur at time of site plan submission. We offer no additional comments at this time. Virginia Department of Health: This Health Department has reviewed the request for comments for the Rezoning of property located at 831 Shady Elm Road, in the Back Creek Magisterial District, Tax Map #74-A-68 & 74-A-69 from RA to M1. Based upon information provided by the Applicant, this Health Department has no objection to the rezoning of the subject property. However, it is the recommendation of this Health Department that any know or discovered sewage disposal systems or private water wells on the property be properly abandoned, per Health Department Regulations or best practice policies. In the event that it is determined that there are sewage disposal systems or private water wells on the property, please notify this Health Department immediately for proper abandonment procedures. Frederick County Planning Department: Please see the attached letter from Candice E. Perkins, Assistant Director dated August 7, 2017. Frederick County Transportation Comments: Please see the attached letter from John A. Bishop, Assistant Director-Transportation dated August 7, 2017. Historic Resources Advisory Board: The Historic Resources Advisory Board (HRAB) recommended approval of the Rezoning with the condition that the Applicant perform an intensive level survey on the historic structure located on-site (Henry Carbaugh House - #34-1040) prior to its demolition. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the subject properties 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. Rezoning #03-17 Carbaugh Business Center October 23, 2017 Page 4 2) Comprehensive 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 properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. The Kernstown Area Plan identifies these properties with an industrial land use designation as outlined in the Shady Elm Economic Development Area, which is generally consistent with the requested M1 zoning designation. The Shady Elm Economic Development Area is designed to be a significant area of industrial and commercial opportunity that is fully supportive of the County Economic Development Authority’s targeted goals and strategies. The intent of the industrial designation is to further enhance the County’s commercial and industrial areas and to provide focus to the County’s future regional employment centers. Transportation and Site Access The Eastern Road Plan of the 2035 Comprehensive Plan and the Kernstown Area Plan both call for the extension of a new major collector roadway though parcel 74-A-68, which is adjacent to the Artillery Business Center Development which was rezoned in 2007 and revised in 2015. This new major collector roadway, Renaissance Drive, has been constructed from Valley Pike (Route 11) to the limits of the CXS railroad. The Comprehensive Plan calls for this roadway to be extended to Shady Elm Road. The plan also calls for Shady Elm Road to be improved four lane divided collector roadway. Site access to the subject property will be provided via two entrances on Renaissance Drive. 3) Site Suitability/Environment: The site is not located within or near any 100-year floodplains. The site has some wetlands in the form of two small farm ponds and a spring. The spring feeds one of the ponds and drains via a culvert under the CSX railroad; the Applicant intends on preserving the spring and lower pond while removing the upper pond. There are no areas of mature woodlands. The site does contain 46 acres of prime agricultural farmland and 59 acres of farmland of statewide importance. Rezoning #03-17 Carbaugh Business Center October 23, 2017 Page 5 4) Potential Impacts: Existing Residential Uses: This application recognizes the existing residential land uses that are zoned RA (Rural Areas) District that are located adjacent to and across Shady Elm Road from the Carbaugh Property by providing buffering and landscape screening (full screen) consistent with the Zoning Ordinance to screen the development and loading docks from Shady Elm Road. This buffer consists of 100’ of distance (75’ active/25’ inactive), a 6’ berm and 3 plants per 10 linear feet. Historic Resources: The Study of Civil War Sites in the Shenandoah Valley published by National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield on the site. The battle maps for the 1st and 2nd Battles of Kernstown show that troops might have marched across the subject property on their way to the battles, no fighting is recorded on the property. The Historic Resources Advisory Board recommended that the Applicant conduct an intensive level survey on the historic structure located on-site (Henry Carbaugh House - #34- 1040) prior to its demolition; the Applicant included this in their proffer statement. Frederick County Transportation Comments: The Applicant’s Transportation Impact Analysis assumes 46.9 acres of light manufacturing and 46.9 acres of warehousing uses. This results in average weekday vehicle trips totaling 4,820 which the Applicant proposes to address via transportation proffers of right-of-way and funding toward the Renaissance Drive project. The proffered funding amount allows the County to fully match revenue sharing funds that have been awarded to the project. 5) Proffer Statement – Dated October 6, 2017 Site Improvements: 1. The owner agrees to participate in the cost of transportation improvements in the nearby area, up to a maximum of $1,080,000.00. Such payment shall be made either within 30 calendar days after the start of the Renaissance Drive extension or prior to the issuance of the certificate of occupancy for all buildings developed on the Property, whichever comes first. 2. The owner agrees to dedicate 60’ of right-of-way along Shady Elm Road, 10’ of which shall be used for construction of a pedestrian trail. 3. The owner agrees to dedicate 20’ of right-of-way along its northeast boundary for the extension of Renaissance Drive from Valley Pike to Shady Elm Road. 4. The owner agrees to grant to Frederick County an 80’ grading/slope easement for the construction and maintenance of a bridge over the CSX rail line that will be part of the extension of the Renaissance Drive. 5. The owner agrees to limit the number of commercial entrances for the property to a maximum of two along Renaissance Drive. a. In the event that the property is developed prior to the completion of Renaissance Drive, the owner may build a portion of the road from Shady Elm Road to the first entrance to the site to enable use of the site. Rezoning #03-17 Carbaugh Business Center October 23, 2017 Page 6 b. In the event that Frederick County requests that the owner not build a portion of the extension, the owner may build a temporary entrance onto Shady Elm Road for commercial use. The temporary entrance will be permanently closed immediately after Renaissance Drive is available for use by the applicant. 6. The owner proffers to provide for inter-parcel connections for all new lots to provide access to the access points on Renaissance Drive. Building Restrictions: The development of the subject Property shall include the following building restrictions: 1. All loading docks shall be screened from view from all adjacent properties in the RA (Rural Areas) Zoning District that are located west of Shady Elm Road. The owner will utilize a 100’ Category C (full Screen) buffer. 2. Individual business signs will be prohibited along Shady Elm Road. 3. The owner will perform an intensive level survey on the Henry Carbaugh House prior to its demolition. Landscape Design Features 1. The owner shall provide street trees planted 50’ on center adjacent to the Renaissance Drive road extension. Monetary Contributions to Offset Impact of Development: The owner proffers to pay $30,000.00 prior to the issuance of the Certificate of Occupancy for the first structure constructed on the property for fire and rescue purposes. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/01/17 PLANNING COMMISSION MEETING: This is an application to rezone two parcels of land that total 107.21+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The subject properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies these properties with an industrial land use designation which is generally consistent with the requested M1 zoning. With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the site that have been identified as important to the overall transportation solution for this general area. The Applicant has proffered to participate in the cost of transportation improvements to Renaissance Drive (up to a maximum of $1,080,000.00), right-of-way dedications for Renaissance Drive and Shady Elm Road, limits on the number of access points for the site, and proffers for inter-parcel connections for all new parcels. The Applicant has also provided proffers for the screening of loading docks, landscaping, signage, documentation of the Carbaugh House and monetary proffers for fire and rescue purposes. 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.