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HomeMy WebLinkAbout09-15 BOS Staff Report - December REZONING APPLICATION #09-15 Artillery Business Center – Proffer Amendment Staff Report for the Board of Supervisors Prepared: November 30, 2015 Staff Contact: John A. Bishop, AICP, Deputy Director-Transportation Reviewed Action Planning Commission: 10/21/15 Public Hearing Held; Recommended Approval Board of Supervisors: 10/28/15 Opened Public Hearing, Tabled to 11/12/15 Board of Supervisors: 11/12/15 Postponed by Applicant Board of Supervisors: 12/09/15 Public Hearing PROPOSAL: To amend proffers on 57.6+/- acres made up of parcels 75-A-1 and 75-A-1F. The rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of Rezoning Application #07-08. The proffer revisions address the timing and commitments for transportation proffers. LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of Shady Elm Drive (Rt. 651) and across from Soldier’s Rest Lane. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/09/2015 BOARD OF SUPERVISORS MEETING: At the October 28, 2015, Board of Supervisors meeting, staff presented this information and noted that updated proffers are being developed that staff has not yet been able to review those proffers. The Board heard the item and then opened the public hearing and then voted to table the item and continue the public hearing to November 12, 2015. At the November 12, 2015 Board of Supervisor’s meeting, the Applicant requested that the item be tabled and Board tabled the item and made the decision to advertise the public hearing for December 9, 2015. As of the date of this report, no updated proffers or additional materials have been received. This is an application to modify proffers on 57.6+/- acres of land currently zoned M1, (Light Industrial) District. Please note that this report responds to the most recent unsigned proffer draft dated November 30, 2015 and received by staff on December 2, 2015. The proposed modified proffers replace transportation commitments for improvements to Shady Elm Road, $250,000.00 in cash transportation proffers, and right-of-way provision across 74-A-68, and construction of 1,100 feet of Renaissance Drive with a commitment to provide $633,644.00 toward revenue sharing on Renaissance Drive and $66,356.00 in cash proffers to area transportation. In the event that revenue sharing cannot be taken advantage of within 18 months, the Applicant proffers to design and construction 1,100 feet of Renaissance Drive in instead of the $633,644.00 toward revenue sharing and with certain triggers. The Planning Commission has recommended approval, however it must be noted that the draft proffers are substantially different than what was reviewed by the Planning Commission. Rezoning #09-15 Artillery Business Center November 30, 2015 Page 2 Staff would note that the value of the proposed proffers is significantly less than what is currently approved for the subject properties. 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. 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 decis ion 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: 10/21/15 Public Hearing Held; Recommended Approval Board of Supervisors: 10/28/15 Opened Public Hearing, Tabled to 11/12/15 Board of Supervisors: 11/12/15 Postponed by Applicant Board of Supervisors: 12/09/15 Public Hearing PROPOSAL: To amend proffers on 57.6+/- acres made up of parcels 75-A-1 and 75-A-1F. The rezoning would modify proffers approved by the Board of Supervisors on February 18, 2008 as part of Rezoning Application #07-08. The proffer revision addresses the timing and commitments for transportation proffers. LOCATION: The property is located approximately 1,500 feet south of Route 37 on the east side of Shady Elm Drive (Rt. 651) and across from Soldier’s Rest Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 75-A-1 and 75-A-1F PROPERTY ZONING: M1 (Light Industrial) PRESENT USE: Vacant/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Industrial South: RA (Rural Areas) Use: Agricultural East: B3 (Industrial Transition) Use: Commercial/Vacant West: RA (Rural Areas) Use: Agricultural M1 (Light Industrial) Vacant Rezoning #09-15 Artillery Business Center November 30, 2015 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached communication dated October 13, 2015 and September 25, 2015, from Lloyd A. Ingram, VDOT Land Development Engineer. Frederick County Attorney: Please see attached communication dated October 21, 2015 and September 28, 2015, from Roderick B. Williams, County Attorney. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). 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. This property was rezoned with proffers to M1, (Light Industrial) District, on February 13, 2008. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The property is located within the County’s Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The Land Use Plan and the Eastern Frederick County Long Range Land Use Plan designate this area for industrial land use. The Plan recognizes the desire to provide for industrial uses along the CSX Railroad. The application of quality design standards for future development is also an objective of the Plan; in particular, along business corridors. These include landscaping, screening, and controlling the number and size of signs. Rezoning #09-15 Artillery Business Center November 30, 2015 Page 4 Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). The Eastern Road Plan of the Comprehensive Policy Plan call for Shady Elm Road to be improved to a major collector road. In addition, a new east and west major collector road connecting Shady Elm Road to Route 11 is identified. The County’s Eastern Road Plan further defines the appropriate typical section for these major collector roads as an urban divided four- lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The Frederick County Engineer has referenced the potential for wetlands to exist on this site based upon the presence of an existing pond. Also, the Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design as this area is also known for karst topography. 4) Potential Impacts The primary impact of the proposed proffer revision is an overall reduction in proffer value to the County. 5) Proffer Statement Clean and redline versions of the proffer statement are attached to this report. Changes are as follows: 1. $250,000 cash proffer toward transportation has been removed. 2. Additional right lane on north bound Shady Elm has been removed. 3. Commitment to make $633,644.00 available for revenue sharing for 18 months from date of nonappealable rezoning has been added. 4. Commitment to construct 1100 feet of Renaissance Drive if the revenue sharing cannot be used as well as design Renaissance Drive to the railroad tracks. Rezoning #09-15 Artillery Business Center November 30, 2015 Page 5 5. Right-of-way dedication along Shady Elm Road has been removed due to its completion. 6. Right-of-way obligation across parcel 74-A-68 (Carbaugh) has been removed. 7. Five year limitation on warehouse and distribution has been removed. 8. Internal access road proffer has been removed due to redundancy with the ordinance. Staff note: There are issues with the language in the proffer that render the proffer to design the crossing meaningless, unreasonably restrict the uses of the $633,644.00 to only the revenue sharing program, and the triggers for the actual construction of the 1,100 feet of Renaissance leave questions as to the actual likelihood of its construction. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/21/15 MEETING: Staff reported this rezoning is a proffer modification to Rezoning #07-08 which was approved by the Board of Supervisors on February 18, 2008. The proffer revisions address the timing and commitments for transportation proffers. Staff explained the proposed proffer modifications replace transportation commitments for improvements to Shady Elm Road, $250,000 in cash transportation proffers, and the right-of-way provision across parcel 74-A-68 with the commitment to participate in revenue sharing in the completing of Renaissance Drive from the current ending location to Shady Elm Road. Staff noted building permits are limited to two (2) on the property (1 per parcel) until the Applicant enters into a revenue sharing agreement with the County. Staff noted there are items that could delay the completion of the roadway such as the right-of-way acquisition and acquiring a rail crossing. Commissioner Unger requested that Mr. Bishop clarify the shift in proffers from Shady Elm and cash to the revenue sharing agreement. Mr. Bishop emphasized that the full connection of Renaissance Drive offers greater value to the County than Shady Elm improvements. Commissioner Oates noted a concern about there not being a time requirement for entering into the revenue sharing agreement in addition to the building permit trigger. Mr. Bishop agreed a time frame would be beneficial due to the timeline for availability of funds from VDOT. A motion was made, seconded, and passed to recommend approval by the Planning Commission with a suggestion that the Applicant include within the proffers a deadline for road construction to reflect 24- 36 months. Absent: Crockett Rezoning #09-15 Artillery Business Center November 30, 2015 Page 6 STAFF CONCLUSIONS FOR THE 12/09/2015 BOARD OF SUPERVISORS MEETING: At the October 28, 2015, Board of Supervisors meeting, staff presented this information and noted that updated proffers are being developed that staff has not yet been able to review those proffers. The Board heard the item and then opened the public hearing and then voted to table the item and continue the public hearing to November 12, 2015. At the November 12, 2015 Board of Supervisor’s meeting, the Applicant requested that the item be tabled and Board tabled the item and made the decision to advertise the public hearing for December 9, 2015. As of the date of this report, no updated proffers or additional materials have been received. This is an application to modify proffers on 57.6+/- acres of land currently zoned M1, (Light Industrial) District. Please note that this report responds to the most recent unsigned proffer draft dated November 30, 2015 and received by staff on December 2, 2015. The proposed modified proffers replace transportation commitments for improvements to Shady Elm Road, $250,000.00 in cash transportation proffers, and right-of-way provision across 74-A-68, and construction of 1100 feet of Renaissance Drive with a commitment to provide $633,644.00 toward revenue sharing on Renaissance Drive and $66,356.00 in cash proffers to area transportation. In the event that revenue sharing cannot be taken advantage of within 18 months, the Applicant proffers to design and construction 1100 feet of Renaissance Drive in instead of the $633,644.00 toward revenue sharing and with certain triggers. The Planning Commission has recommended approval, however it must be noted that the draft proffers are substantially different than what was reviewed by the Planning Commission. Staff would note that the value of the proposed proffers is significantly less than what is currently approved for the subject properties. Following the required public hearing, a decision 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 Board of Supervisors.