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HomeMy WebLinkAbout01-18 PC Staff Report - JulyREZONING APPLICATION #01-18 STONEWALL IV Staff Report for the Planning Commission Prepared: July 5, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director John Bishop, AICP, Assistant Director – Transportation Reviewed Action Planning Commission: 06/06/18 Public Hearing Held; Postponed 45 Days Planning Commission: 07/18/18 Pending Board of Supervisors: 07/25/18 Pending PROPOSAL: To rezone 88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The subject properties are located at the southern terminus of Lenoir Drive (Route F-732). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/18/18 PLANNING COMMISSION MEETING: This is an application to rezone a total of 88.91+/- acres of land to the M1 (Light Industrial) District with proffers. The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed M1 Zoning is generally consistent with the Northeast Land Use Plan as it relates to this area. The properties are also located within the limits of the Sewer and Water Service Area (SWSA). This item was postponed by the Planning Commission for 45 days to provide the Applicant additional time to address transportation concerns. Since the June 6, 2018 meeting, the Applicant has provided revised proffers that seeks to address these concerns. The proffers associated with this rezoning request are as follows; Staff has provided comments regarding concerns associated with this request: Proffer Statement – Dated April 25, 2018, revised June 6, 2018; June 28, 2018: 1. Development and use of the property: 1.1. Development of the property shall be limited to the construction of not more than 820,000 gross square feet and solely used for warehousing or high cube transload and short-term storage. 1.2. The development of the property shall be in general conformance with the GDP. 1.3. The maximum height of each building shall be 60’. 2. Transportation: 2.1. Within 90 calendar days of a written request by the County, the Applicant shall dedicate approximately 17.05 acres to the Frederick County Board of Supervisors, as depicted on the GDP, for the future Route 37 bypass. 2.2. Access to the Property shall be as shown on the GDP. Provided that access to the buildable area of the Property is not impeded or eliminated, the Applicant shall not place above grade Rezoning #01-18 Stonewall IV July 5, 2018 Page 2 improvements on the southeast corner of the Property near the terminus of Lenoir Drive in such a way as to preclude the construction of proposed slip ramps that are currently depicted on the graphic entitled “Eastern Road Plan – Lenoir Drive Slip Ramp Clarification,” created by the Frederick County Department of Planning and Development, dated October 17, 2017, and attached hereto for reference. The southeast corner of the Property is subject to existing easements and/or covenants of record, as of June 6, 2018. 2.3. Within 90 calendar days of a written request by the County, the Applicant shall further dedicate such right-of-way as it may own at the terminus of Lenoir Drive for the purpose of construction of access to existing Route 37 as described in Proffer 2.2 above. 2.4. The Applicant shall contribute up to $250,000 to the County for the purpose of planning additional access to Stonewall Industrial Park. It shall make such contribution at the rate of $0.30 per gross square foot of building ultimately constructed, to be paid upon issuance of an occupancy permit for any such building or buildings. 3. Fire and Rescue: 3.1. The Applicant shall contribute to Frederick County $0.10 per gross square foot of construction as depicted on each site plan, to be used for fire and rescue purposes in the general area. 4. Cultural Resources: 4.1. The Applicant shall retain a qualified professional architectural historian to perform a Historic American Building Survey (HABS) – Standard Level III as defined by the National Park Service Heritage Documentation Program on the residential building and its associated architectural buildings on the property. 4.2. The Applicant, working with a qualified professional architectural historian, shall inspect prior to demolition the non-heated areas of the residential building for the presence of partially hidden or obstructed historic artifacts or material. 5. Escalator: 5.1. In the event the monetary contributions set forth in the proffer statement are paid to Frederick County within 18 months after final approval of this rezoning, said contributions shall be in the amounts stated. Any monetary contributions which are paid after 18 months following final approval shall be adjusted in accordance with the Urban Consumer Price Index (CPI-U). 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 #01-18 Stonewall IV July 5, 2018 Page 3 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: 06/06/18 Public Hearing Held; Postponed 45 Days Planning Commission: 07/18/18 Pending Board of Supervisors: 07/25/18 Pending PROPOSAL: To rezone 88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The subject properties are located at the southern terminus of Lenoir Drive (Route F-732). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-21, 43-A-21B, 43-19-4 and 43-A-24 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential and Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) District Use: Industrial RA (Rural Areas) District Residential/Vacant South: RA (Rural Areas) District Use: Residential/Route 37 East: M1 (Light Industrial) District Use: Industrial West: RA (Rural Areas) District Use: Residential/Vacant Rezoning #01-18 Stonewall IV July 5, 2018 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The Frederick County Transportation Chapter and Northeast Frederick Area Plan of the Comprehensive Plan identifies the extension of Lenoir Drive as an on-ramp to Route 37 west as a future transportation improvement. While the Generalized Development Plan has been revised to locate the future development entrance in a manner that is not in conflict with the comprehensive plan improvement, VDOT strongly recommends Frederick County request right-of-way dedication on the subject property to accommodate the future improvement and the rezoning documents updated accordingly. Frederick -Winchester Service Authority: Capacity consideration deferred to Frederick Water. Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated February 22, 2018. Frederick County Department of Public Works: A detailed review shall occur at the time of site plan submission. Frederick County Fire Marshall: Plan approved. Frederick County Department of Parks & Recreation: The application appears to meet Parks and Recreation requirements. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies 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. 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. Rezoning #01-18 Stonewall IV July 5, 2018 Page 5 Land Use The Northeast Land Use Plan of the 2035 Comprehensive Plan identifies these properties with an industrial land use designation. The proposed M1 Zoning District is generally consistent with the Northeast Land Use Plan as it relates to this area. The land use plan depicts future Route 37 on the western boundary of the properties and access to Route 37 from Lenoir Drive via a slip ramp. 3) Potential Impacts Transportation and Site Access Access to the site will be via Lenoir Drive. The Applicant has proffered to dedicate right-of- way for Route 37 and right-of-way for the Route 37 slip ramp. The Applicant has also proffered to contribute $0.30 per gross square foot of building area for the planning of this access. A Traffic Impact Analysis (TIA) was conducted on the subject development. Studied intersections were as follows: Lenoir Drive at McGhee, McGhee at Welltown Road, Welltown Road at Route 11, Route 11 at the Southbound Exit 317 Ramps, Route 11 at the Northbound Exit 317 exit ramp, and Route 11 at the Northbound Exit 317 entrance ramp and Redbud Road. According to the TIA, which has been accepted by VDOT, the build out level of service at the studied intersections was maintained from the current level of service with the left turn onto the Exit 317 Northbound entrance ramp. This movement is degraded from a level of service C to level of service D. This is unable to be alleviated due to physical restrictions of the site. Environment The site is relatively flat, with the highest points situated near the center of the site and near Route 37. Redbud Run courses generally along the northern/northeast property boundary. The site contains floodplain for Redbud Run. Historical The Virginia Department of Historic Resources identifies one mapped property located on the subject property DHR #034-1099 - Glengary. This structure is potentially eligible for the National Register of Historic Places. The Frederick County Historic Resources Advisory Board (HRAB) considered the rezoning application at their meeting on March 27, 2018. The HRAB requested that the Applicant perform a Historic American Building Survey (HABS) – Standard Level III for the Glengary site and Institute protocols for the demolishment of Glengary to ensure preservation and/or documentation of historical features. The Applicant has addressed the HRAB’s comments in their proffer statement. 4) Proffer Statement – Dated April 25, 2018, revised June 6, 2018; June 28, 2018: 1. Development and use of the property: 1.1. Development of the property shall be limited to the construction of not more than 820,000 gross square feet and solely used for warehousing or high cube transload and short-term storage. 1.2. The development of the property shall be in general conformance with the GDP. Rezoning #01-18 Stonewall IV July 5, 2018 Page 6 1.3. The maximum height of each building shall be 60’. 2. Transportation: 2.1. Within 90 calendar days of a written request by the County, the Applicant shall dedicate approximately 17.05 acres to the Frederick County Board of Supervisors, as depicted on the GDP, for the future Route 37 bypass. 2.2. Access to the Property shall be as shown on the GDP. Provided that access to the buildable area of the Property is not impeded or eliminated, the Applicant shall not place above grade improvements on the southeast corner of the Property near the terminus of Lenoir Drive in such a way as to preclude the construction of proposed s lip ramps that are currently depicted on the graphic entitled “Eastern Road Plan – Lenoir Drive Slip Ramp Clarification,” created by the Frederick County Department of Planning and Development, dated October 17, 2017, and attached hereto for reference. The southeast corner of the Property is subject to existing easements and/or covenants of record, as of June 6, 2018. 2.3. Within 90 calendar days of a written request by the County, the Applicant shall further dedicate such right-of-way as it may own at the terminus of Lenoir Drive for the purpose of construction of access to existing Route 37 as described in Proffer 2.2 above. 2.4. The Applicant shall contribute up to $250,000 to the County for the purpose of planning additional access to Stonewall Industrial Park. It shall make such contribution at the rate of $0.30 per gross square foot of building ultimately constructed, to be paid upon issuance of an occupancy permit for any such building or buildings. 3. Fire and Rescue: 3.1. The Applicant shall contribute to Frederick County $0.10 per gross square foot of construction as depicted on each site plan, to be used for fire and rescue purposes in the general area. 4. Cultural Resources: 4.1. The Applicant shall retain a qualified professional architectural historian to perform a Historic American Building Survey (HABS) – Standard Level III as defined by the National Park Service Heritage Documentation Program on the residential building and its associated architectural buildings on the property. 4.2. The Applicant, working with a qualified professional architectural historian, shall inspect prior to demolition the non-heated areas of the residential building for the presence of partially hidden or obstructed historic artifacts or material. 5. Escalator: 5.1. In the event the monetary contributions set forth in the proffer statement are paid to Frederick County within 18 months after final approval of this rezoning, said contributions shall be in the amounts stated. Any monetary contributions which are paid after 18 months following final approval shall be adjusted in accordance with the Urban Consumer Price Index (CPI-U). Rezoning #01-18 Stonewall IV July 5, 2018 Page 7 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/06/18 MEETING: Staff provided an overview of the request and noted that a revised proffer statement was provided prior to the meeting. Mr. John Foote of Walsh Colucci Lubeley & Walsh PC, representing the Applicant provided an overview of their proposal. Mr. Foote presented diagrams that showed the slip ramp. Mr. Foote noted the entrance to the property was adjusted after discussion with Staff regarding the slip ramps. Mr. Foote provided an aerial map of the property and the surrounding area. He presented an overview of the property and its owners. Mr. Foote shared a summary of the proposed warehousing and the traffic this will generate. Mr. Foote presented the ramp design and noted the right-of-way for this design for the Route 37 bypass will be dedicated to the County at no cost when written request from the County is received. Mr. Foote mentioned the Historic Resources review, that is consistent with a specific recommendation made by the HRAB with which the Applicant is in concurrence. He concluded, the Applicant is seeking a favorable recommendation to let Stonewall IV construct 820,000 SF of low impact warehouse in an industrial area planned for that purpose that is an extension of an industrial park in which it already has three buildings that have been constructed over the last several years and would like to do more. A Commission Member requested clarification, there is no access to Route 37 from this property. Mr. Foote noted that is correct. Two citizens spoke during the public hearing and expressed concerns over the access to the property and existing transportation concerns on Welltown Road and Martinsburg Pike. A Commission Member inquired regarding VDOT’s comments, he did not read where VDOT has sensitivity to the traffic problems being brought forth, is there a study taking place that could alleviate the issue. Staff explained there is ongoing work; the traffic study was done and there was not a lot for VDOT to grasp, it was a TIA that was not required under Chapter 527 however, the County required it because of not being comfortable bringing this rezoning forward without even looking at the traffic. He continued, the slip ramp has been on the Comprehensive Plan for some time; during the last round of SmartScale the Transportation Committee was reviewing this vigorously however, updates to the SmartScale requirements hindered this in the terms of a specific study that was now required; since that time this has been put into place through the MPO specifically an interchange justification report. A Commission Member asked is the SmartScale application a very lengthy process. Staff replied yes, for example; the applications being submitted August 1, 2018 have been in process since last summer; the next cycle of applications will start being prepared immediately after submission of these. A motion was made, seconded, and passed to recommend postponement for 45 days. Yes: Marston, Ambrogi, Cline, Kenney, Triplett, Wilmot No: Dawson, Thomas (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) Rezoning #01-18 Stonewall IV July 5, 2018 Page 8 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/18/18 PLANNING COMMISSION MEETING: This is an application to rezone a total of 88.91+/- acres of land to the M1 (Light Industrial) District with proffers. The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed M1 Zoning is generally consistent with the Northeast Land Use Plan as it relates to this area. The properties are also located within the limits of the Sewer and Water Service Area (SWSA). This item was postponed by the Planning Commission for 45 days to provide the Applicant additional time to address transportation concerns. Since the June 6, 2018 meeting, the Applicant has provided revised proffers that seeks to address these concerns. 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.