Loading...
HomeMy WebLinkAbout03-18 PC Staff ReportREZONING APPLICATION #03-18 CARPERS VALLEY INDUSTRIAL PARK Staff Report for the Planning Commission Prepared: October 30, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director John Bishop, AICP, Assistant Director – Transportation Reviewed Action Planning Commission: 11/07/18 Pending Board of Supervisors: 12/12/18 Pending PROPOSAL: To rezone 122.18+/- acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial) District with proffers. LOCATION: The subject properties are located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), proceed right on Prince Frederick Drive (Route 781) left on Coverstone Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/07/18 PLANNING COMMISSION MEETING: This is an application to rezone a total of 122.18+/- acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial) District with proffers. The subject property is part of the original Carpers Valley/Governors Hill Rezoning which was approved in 2005 (revised in 2009, 2013 and 2014). Rezoning #11-05 provided for 143 acres of commercial uses and 550 residential units on six parcels of land (Land Bay 1 – Residential, Land Bay 2 – Commercial). The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of 2035 Comprehensive Plan and depicts the subject properties with a commercial land use designation. This commercial land use designation is reflective of the commercial component of the approved mixed-use project approved for this site. The requested M1 (Light Industrial) District is inconsistent with the Comprehensive Plan. Rezoning #03-18 seeks to sever two parcels (64-A-86 and 64-A-87) from the original approved proffered rezoning and rezone them to the M1 District with a separate set of proffers. The primary changes proposed with this rezoning include modifications to the overall transportation network approved with the Governors Hill Rezoning. The approved rezoning provided for the completion of Coverstone Drive from Prince Frederick Drive to its intersection with Millwood Pike (Route 50). This rezoning removes the commitment for Coverstone Drive’s completion with Land Bay 2 (commercial) and places this commitment solely on Land Bay 1 (residential). This rezoning has not provided for any coordination with the parties of Land Bay 1 and places a great deal of the road construction responsibilities on Land Bay 1. With this proposed change, it also removes the commercial square footage trigger for the completion of Coverstone Drive. Land Bay 2 consisted of the commercial area and Land Bay 1 the residential portion. The proposed change to industrial would not trigger the completion of Coverstone Drive and Land Bay 1 does not have commercial areas and would therefore also not trigger its completion. Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 2 Staff would note that the overall rezoning utilized the commercial tax revenue generated to offset the impacts of the 550 residential units within the development. The monetary proffers for the residential units are $2,637/unit which was $2,345 less per unit than the capital impact model in place at the time of rezoning. The Applicant has not demonstrated that the proposed industrial square footage proposed with this rezoning will adequality offset the impacts the residential units will place on the County. The approved rezoning projected up to 1,285,000 SF of commercial building area. The proposed rezoning allows up to 805,000 SF of High-Cube Warehouse or other industrial uses. The total credit utilized to offset the residential units totals $1,289,750. It is unclear what the proposed industrial use will offset as opposed to the currently approved commercial revenue. Staff has outlined concerns that should be considered by the Planning Commission in their review of this proposed rezoning. The proposed proffers associated with this proposed rezoning are as follows, Staff comments are shown in bold italic: Proffer Statement – Dated August 8, 2018, Revised October 12, 2018: 1. LAND USE 1.1 The Owner intends to develop the Property with a density of 405,000 SF of any uses allowed within the M1 Zoning District and 805,000 SF of High-Cube Warehouse and any land uses provided in 1.1.2 below. The project shall be designed to establish these industrial uses in general conformance with the GDP. Staff Note: There is no proffer 1.1.2 Staff Note: This proposed rezoning removes the commercial square footage trigger for the completion of Coverstone Drive. Land Bay 2 consisted of the commercial area and Land Bay 1 the residential portion. The proposed change to industrial would not trigger the completion of Coverstone Drive and Land Bay 1 does not have commercial areas and would therefore also not trigger its completion. 1.2 Pursuant to the Frederick County Zoning Ordinance, the following M1 § 165-606.02 permitted and § 165-606.03 Conditional uses are allowed: Landscape and horticultural services (without retail services) Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors Motor freight transportation and warehousing Communication facilities and offices, including telephone, telegraph, radio, television and other communications (without offices) Electric, gas and other utility facilities and offices and trucking and warehousing Public utility distribution facilities (without offices) Business signs Signs allowed in § 165-201.06B Freestanding building entrance signs Multi-tenant complex signs Tractor truck and tractor truck trailer parking § 165-606.03. Conditional uses. Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 3 Staff Note: The approved rezoning approved the subject properties for commercial/employment land uses which is supported by the Comprehensive Plan. This proposed rezoning for industrial land uses is not supported by the Comprehensive Plan. 1.3 The Frederick County Board of Supervisors agrees to allow future uses that are subsequently added to the M1, Light Industrial District, to be developed on the Property without the need for zoning amendments provided the maximum daily vehicle trips do not exceed the Traffic Impact Study – Revision I (as prepared by Pennoni July 2018). Staff Note: This proffer negates Proffer 1.1 and Proffer 1.2 which restrict the use of the property as outlined. Proffer 1.3 allows the developer to develop any use in the M1 Zoning District. 1.4 High-Cube Warehouse, and uses listed in 1.1.2 above, floor area can be increased up to an additional 500,000 SF, for a total of 1,305,000 SF with a new Traffic Impacts Analysis Study (“TIA”) demonstrating that the increased floor area density does not increase the traffic impacts studied and proposed with the TIA submitted and approved with these proffers and titled “Traffic Impact Study – Revision I” (as prepared by Pennoni July 2018). 2. ARCHITECTURE AND SIGNAGE: 2.1 All buildings on the Property shall be constructed using similar architectural styles and building materials for a more uniform appearance. Site signage shall be uniform and in compliance with the Frederick County ordinances. Staff Note: This proffer removes the approved design modification package for the overall development “Design and development Standards for Carpers Valley”. The design modification package contained an overall streetscape design standards, landscaping/screening/open space standards, architectural standards and an architectural review board, height maximums, and street design standards. This proposed rezoning would separate the proposed industrial area from the residential design standards. 3. PEDESTRIAN TRAIL SYSTEM 3.1 The Owner shall design and build a public pedestrian-bicycle trail system to Virginia Department of Transportation standards that links to the adjoining properties adjacent Coverstone Drive. Said trails shall be in the location generally depicted on the GDP. Sidewalks shall be constructed on public streets to VDOT standards. The combined pedestrian/bicycling trail shall be 10 feet wide and shall have an asphalt surface. Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 4 4. WATER & SEWER: 4.1 The Owner shall be responsible for connecting the Property to public water and sewer. It shall further be responsible for constructing all facilities required for such connection at the Property boundary. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick Water. Staff Note: This proffer is unnecessary as it is already required. 5. CULTURAL RESOURCES: 5.1 The Owner shall conduct or cause to be conducted a Phase I Archeological Investigation of the Property, prior to the approval of the first site or public improvement plan for the property and shall complete Phase II and II investigations thereof as may be demonstrated to be necessary by the Phase I study. 6. FIRE & RESCUE: 6.1 The Applicant shall contribute to the Millwood Fire and Rescue Company in the sum of $15,000 for fire and rescue purposes, payable upon the issuance of the first occupancy permit. Staff Note: Past rezonings have provided a monetary contribution in the amount of $0.10 per building square foot; this proposed proffer is drastically less. 7. TRANSPORTATION: 7.1 The Owner shall dedicate, design and construct Coverstone Drive, in the general location shown on the GDP, with reasonable adjustments permitted for final engineering, as a full section with raised medians on a minimum 94’ right-of-way, all in accordance with Virginia Department of Transportation specifications, according to the following phasing schedule: PHASE 1: Phase 1 shall consist of a full four lane section including a ten-foot trail from Point A at its terminus and end of existing right-of-way to Point B the second proposed entrance as depicted on the GDP. Said roadway shall be constructed to base asphalt prior to issuance of a certificate of occupancy for any Industrial building up to 405,000 square feet on the Property. Staff Note: The approved rezoning allowed for up to 300,000 SF of office land use prior to the completion of Coverstone Drive from point A to B which is the connection of Coverstone Drive to Route 50/Inverlee Way intersection (base asphalt section). The approved proffer also required the completion of all necessary improvements (including signalization of Route 50/Inverlee Way if warranted). The proposed revision only Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 5 proposes a connection from the existing terminus of Coverstone to the limits of the first proposed industrial intersection for up to 405,000 SF. PHASE 2: Phase 2 shall consist of construction of a full four lane section of Coverstone Drive, including a ten-foot pedestrian/bicycling trail from Point B the second proposed entrance to Point C the future intersection of Tazewell Road as depicted on the GDP. Said roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use that would cause the Property to exceed 405,000 square feet of Industrial building area. Final top courses of asphalt for Phase 1 of Coverstone shall be completed with the completion of Phase 2. Staff Note: Phase 2 from the original rezoning completed the roadway for Coverstone Drive from the segment completed with Phase 1 (Route 50 intersection) to the completed section of Coverstone Drive (two lane section) prior to an issuance of occupancy that caused the development to exceed 400,000 SF of commercial area. This proposed rezoning removes this commitment and only constructs a portion from their proposed Phase 1 (existing Coverstone to their first commercial entrance) to the limits of their second proposed commercial entrance. This proposed revision shifts responsibly of the construction of Coverstone Drive from the commercial site solely onto the residential area. Staff Note: Phase 3 from the original rezoning completed the full four lane section of Coverstone Drive once the development exceeds 800,000 SF of commercial area. This rezoning does not account for this improvement. Staff Note: Phase 4 from the original rezoning proffered the design of Coverstone Drive extended as a four-lane section from Prince Frederick Drive to the proposed limits of the future Route 522 Realignment. In the event that this alignment has not been determined by June 30, 2018, the Applicant is proffered to pay $20,000 for transportation improvements. The Applicant has not paid the $20,000 proffer and is therefore in violation of Proffer 15 from the approved rezoning. PHASE 3: Phase 3 shall consist of bonding or construction of Coverstone Drive to be installed at the same time as the Coverstone Drive construction is dedicated and installed from Route 50 to the northern property line Point D. It is the intent of this proffer that the through connection of Coverstone shall be completed simultaneous with the dedication and construction of Coverstone Drive by the adjoining property owner. Staff Note: Based on the Phase 1 and Phase 2 proffers, the proposed development is expected to be built out prior to Phase 3. If this improvement is to be Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 6 bonded it needs to be done in Phase 1 or Phase 2 to avoid a potentially unenforceable proffer. Staff Note: Proffer 15.3 from the approved rezoning requires the completion of Coverstone Drive as a full four-lane section from Millwood Pike to Prince Frederick Drive prior to November 1, 2025. In addition,Pproffer 15.3 requires the completion of the median break and eastbound left turn lane at the Inverlee intersection to be completed prior to November 1, 2015. The Applicant has not completed this and therefore is in violation of Proffer 15.3. The proposed rezoning removes the commitment for the completion of Coverstone Drive and the Inverlee intersection improvements. Staff Note: Proffer 15.6 from the approved rezoning proffered $175,000 for signalization or other road improvements at the intersection of Costello Drive and Prince Frederick Drive within 60 days of written request by the County and VDOT after the acceptance of Phase 2 Coverstone Improvements (15.2). This proffer has been removed and would place this requirement on the residential section (Land Bay 1). 7.2 The Coverstone Drive public right-of-way shall be dedicated to Frederick County as part of the Site Plan approval process, consistent with applicable Virginia law. Right- of-Way dedication shall be provided to adjacent owners in Governors Hill or another entity if the design, funding and construction Coverstone Drive occurs prior to Carpers Valley Industrial Park executing the proffered improvements above. 7.3 All public streets and roads shall be designed in accordance with the Virginia Department of Transportation specifications, subject to review and approval by Frederick County and VDOT. 7.4 The design of off-site road improvements shall be in general conformance with the plan entitled “Off-Site Improvements Exhibit” Sheets 1-3, as prepared by Pennoni Associates Inc., dated August 2018. Off-site improvements shall be constructed in two (2) phases and correspond as part of Phases 1 and 2 as defined in Proffer 6.2 above; Intersection 1: Road improvements as described in “Off-Site Improvements Exhibit Sheet 1 of 3 Route 522 @ Costello Drive” shall be completed in Phase 1. Staff Note: The approved rezoning proffered improvements (Phase A) that included improvements at the intersection of Coverstone/Millwood/Inverlee. This improvement is not accounted for in the proposed rezoning and would be required by Land Bay 1 (residential). Intersection 2: Road improvements as described in “Off-Site Improvements Exhibit Sheet 2 of 3 Prince Frederick Drive at Costello Dr” shall be completed in Phase 1. Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 7 Staff Note: This proffer amounts to a restriping to extend the left turn lane to accommodate conditions that already exist and does not add any actual capacity. Intersection 3: Road improvements as described in “Off-Site Improvements Exhibit Sheet 3 of 3 Route 50 at Prince Frederick Dr” shall be completed in Phase 1. 7.5 Public right-of-way of Tazewell Road shall be dedicated to the property lines of the adjacent parcel with the construction and dedication of the Coverstone Drive extension Phase 2, to allow further construction of the future roadway by others. Staff Note: While the Applicant has provided for the ROW to construct Tazewell Road, all other commitments for Coverstone Drive would need to be completed by Phase 1 of the development prior to the construction of any residential units. 7.6 The Owner shall dedicate an area of approximately 0.6 acres, for the purposes or regional transportation improvements, all property of PIN# 64A87 south and west of the Coverstone Drive and Prince Frederick Drive Intersection. Staff Note: Language for this proffer should be modified to ‘upon request’. 7.7 The Owner shall make good faith efforts to obtain any off-site right-of-way needed to complete any proffered off-site transportation improvements. In the event that the Owner is not able to obtain the right-of-way and, further, the County and/or State of Virginia do not obtain the necessary right-of-way in lieu of constructing the road improvement, the Owner shall provide a monetary contribution to Frederick County that is equivalent to the estimated construction cost of those road improvements that could not be implemented. The construction cost estimate shall be subject to review and approval by VDOT. Staff Note: While a cash proffer in lieu of construction in a scenario where right-of- way is not available could possibly be acceptable it should be noted that if right-of-way is not available this could still leave the County with an unacceptable traffic condition at the location where this occurred and no realistic way to address it. It would also be appropriate for the Applicant to analyze this issue more closely to determine where right-of-way may actually be required as this is somewhat of a speculative proffer. It should be determined now whether or not this is an issue and where it is an issue. Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 8 8. AIRPORT OPERATIONS: 8.1 The Owner shall consult with the Executive Director of the Winchester Regional Airport with respect to the granting of a reasonable avigation easement to provide further protection for airport operations, and shall dedicate such easement, as the Airport and Owner shall mutually agree. Said avigation easement shall be dedicated prior to issuance of the 1st occupancy permit for the property. 8.2 The Owner shall file an Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) in accordance with the Code of Virginia, Section 15.2-2294. The OE/AAA filing shall occur a minimum of 45 days prior to the expected start of any site plan or public improvement plan construction. 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 #03-18 Carpers Valley Industrial Park October 30, 2018 Page 9 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: 11/07/18 Pending Board of Supervisors: 12/12/18 Pending PROPOSAL: To rezone 122.18+/- acres from the R4 (Residential Planned Community) District to the M1 (Light Industrial) District with proffers. LOCATION: The subject properties are located approximately one mile east of I-81 on the south side of Millwood Pike (Route 50), east of Prince Frederick Drive (Route 781) and Coverstone Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-86 and 64-A-87 PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Undeveloped/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Single Family Residential South: RA (Rural Areas) Use: Regional Airport East: M1 (Light Industrial) Use: Industrial and Residential MH1 (Mobile Home Community) West: RA (Rural Areas) Use: Regional Airport and Office B2 (General Business) Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 10 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see summary of VDOT review comments dated July 5, 2018. Frederick County Department of Public Works: We will perform a comprehensive review of the site plan to ensure compliance with applicable County Codes. All Stormwater design shall comply with State and County Code. All environmental permit requirements shall be complied with prior to site plan approval. Frederick County Fire Marshall: Plan approved. Frederick County Attorney: Please see Mr. Roderick B. Williams County Attorney, comment letter dated October 30, 2018. Frederick Water: Please see Mr. Eric Lawrence, Executive Director, letter dated August 27, 2018. Winchester Regional Airport: Please see Mr. Nick Sabo, A.A.E., Executive Director, letter dated September 7, 2018. Frederick-Winchester Service Authority: No comments. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R1 (Residential Limited). The parcels were re-mapped from R1 to A2 (Agricultural General) pursuant to the County’s comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. 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 A1 and A2 zoned land to the RA District. The subject properties were rezoned to the R4 (Residential Planned Community) District is 2005 (revised in 2009, 2013 and 2014). A Master Development Plan was approved for the property, the Governers Hill project, in 2009. 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 Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 11 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 2035 Comprehensive Plan and the Senseny/Eastern Frederick Urban 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 a B2/B3 land use designation (commercial/transition uses). The requested M1 (Light Industrial) District is inconsistent with the Comprehensive Plan. The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is supported within the Airport Support Area to minimize such use conflicts and ensure the feasibility of future airport expansion. Transportation and Site Access The planned road network included in the Senseny/Eastern Frederick Urban Area Plan identifies a major collector road system which provides for an east-west linkage (Coverstone Drive) which connects to Route 50 East at Inverlee Drive. A portion of Coverstone Drive currently exits from Prince Frederick Drive to the property boundary of the Frederick County Public Safety Center. The connection from existing Coverstone Drive to Inverlee Drive offers an important major collector for the approved development as well as significant residential development north of Route 50. This connection offers an alternative to and relieves future congestion on Route 50 between Prince Frederick Drive and I-81. In addition, Coverstone Drive will connect with the future relocated Route 522 South once it is connected to Prince Frederick Drive. In combination with the soon to be bid Crossover Boulevard project from Airport Road into the City of Winchester, this important network connection will allow significant traffic flow from the residential area and the approved development to Route 522 south and the City of Winchester without traveling through the Exit 313 interchange area. 3) Potential Impacts Development Coordination: Rezoning #03-18 seeks to sever two parcels (64-A-86 and 64-A-87) from the original approved proffer and rezone them to the M1 District with a separate set of proffers. The primary changes proposed with this rezoning include modifications to the overall transportation network approved with the Governors Hill Rezoning. The approved rezoning provided for the completion of Coverstone Drive from Prince Frederick Drive to its intersection with Millwood Pike (Route 50). This rezoning removes the commitment for Coverstone Drive’s completion Rezoning #03-18 Carpers Valley Industrial Park October 30, 2018 Page 12 with Land Bay 2 (commercial) and places this commitment solely on Land Bay 1 (residential). This rezoning has not provided for any coordination between the parties of Land Bay 1 and places a great deal of the road construction responsibilities on other parties. With this proposed change, it also removes the commercial square footage trigger for the completion of Coverstone Drive. Land Bay 2 consisted of the commercial area and Land Bay 1 the residential portion. The proposed change to industrial would not trigger the completion of Coverstone Drive and Land Bay 1 does not have commercial areas and would therefore also not trigger its completion. Residential Monetary Proffers: The overall rezoning utilized the tax revenue generated to offset the impacts of the 550 residential units within the development. The monetary proffers for the residential units are $2,637/unit which was $2,345 less per unit than the capital impact model in place at the time of rezoning. The Applicant has not demonstrated that the proposed industrial square footage proposed with this rezoning will adequality offset the impacts the residential units will place on the County. The approved rezoning projected up to 1,285,000 SF of commercial building area. The proposed rezoning allows up to 805,000 SF of High-Cube Warehouse or other industrial uses. The total credit utilized to offset the residential units totals $1,289,750. It is unclear what the proposed industrial use will offset as opposed to the currently approved commercial revenue. Transportation: It is recognized that while the trip generation for the development is significantly reduced with the change in land use, the truck portion of that trip generation slightly increases from approximately 916 (based on 2%) to 1,010. Of significant concern from a transportation perspective is the implementation of the comprehensive planned road network which is proffered in the approved rezoning. The approved rezoning provides a coordinated development that implements the connection to Route 50 at Inverlee Drive from Coverstone Drive. The Applicant’s new proposal builds a portion of that roadway but shifts the remainder to the other land bays and there is no evidence that it is feasible for the remaining landbays to address this. The connection from Route 50 to Coverstone and eventually Route 522 (and its ultimate) is important to improving the long-term traffic congestion on Route 50 from Prince Frederick Drive to I-81. This proposal also shifts the cash proffers for future improvements or signalization at the intersection of Prince Frederick and Costello to the other land bays. In addition, the proposed improvements at Route 522 and Costello Drive do not improve level of service or add capacity. 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.