HomeMy WebLinkAbout03-18 BOS Staff Report - March 2019REZONING APPLICATION #03-18
CARPERS VALLEY INDUSTRIAL PARK
Staff Report for the Board of Supervisors
Prepared: March 4, 2019
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
John Bishop, AICP, Assistant Director – Transportation
Reviewed Action
Planning Commission: 11/07/18 Public Hearing Held; Recommended
Approval
Board of Supervisors; 12/12/18 Postponed
Board of Supervisors: 01/23/19 Public Hearing Held; Postponed Action
Board of Supervisors: 03/13/19 Action Item
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) then left on
Coverstone Drive.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/13/19 BOARD OF
SUPERVISORS MEETING:
Staff Note: This rezoning application is consistent with the application postponed on December 12,
2018; no changes have been made to the application.
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 the 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).
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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.
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 adequately 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 3,100 trips per day (TIA estimated at 1.2 million square feet of warehousing/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.
The Planning Commission held a public hearing for this item on November 7, 2018; the Commission
ultimately recommended approval of this rezoning.
The Board of Supervisors postponed this item on December 12, 2018 and held the public hearing on
January 23, 2019 and subsequently postponed the item again. Since the January 23rd meeting the
applicant has added a proffer addressing buffering along Route 50 and a monetary proffer of $360,000
to be used to pay toward the road improvements in the public right-of-way on Route 50 to create an
intersection with Inverlee Way or to be used at the County’s discretion, for road improvements in the
Coverstone Drive area.
Staff has outlined concerns that should be considered by the Board of Supervisors 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, November 20, 2018,
January 23, 2019, February 22, 2019:
1. LAND USE
1.1 The Owner intends to develop the Property with a mix of light industrial uses as
allowed under the M-1 zoning district provided the maximum daily vehicle trips do
not exceed the Traffic Impact Study – Revision I (as prepared by Pennoni July 2018)
of 3,100 vehicle trips per day (VPD). With each Site Plan, the owner will submit for
the property a trip generation estimate per the Institute of Transportation Engineers
(ITE) “Trip Generation Manual)”, current edition and a summary of total trips
approved to date to ensure that estimates for the property do not exceed 3,100 VPD.
In order to gain Site Plan approval for any development that would result in more site
trips generated than a total of 3,100 VPD, the Owner shall prepare a new Traffic
Impact Analysis, identifying any transportation improvements required to mitigate the
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increased trip volumes, and reach an agreement with Frederick County and the
Virginia Department of Transportation on improvements necessary to mitigate those
impacts.
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.
Staff Note: This proffer would require the County and VDOT to reach an agreement with
the Owner regarding mitigation of future transportation impacts; there are no
provisions for what would happen if the parties are unable to reach an
agreement.
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.
2.1 The Owner agrees to install a screen buffer along the northern property line (along
Route 50) to include planting of deciduous and evergreen trees. Where possible, the
Owner shall retain existing vegetation and incorporate the same into the buffer in order
to create a natural look. Planting and retention of existing vegetation shall be at the
discretion of the Owner.
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 Virginia Department of
Transportation standards. The combined pedestrian/bicycling trail shall be 10 feet wide
and shall have an asphalt surface.
4. WATER & SEWER:
4.1 The Owner shall be responsible for connecting the Property to public water and sewer.
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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 III 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
$0.10 per building square foot floor area for fire and rescue purposes, payable prior the
issuance of the first occupancy permit for each building.
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 light industrial building up to 405,000 square feet or greater than 1,500
VPD 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
proposes a connection from the existing terminus of Coverstone to the
limits of the first proposed industrial intersection for up to 405,000 SF.
Due to the change in land use the trip generation will be lower, however
there will be additional tractor trailer trips.
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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, and the bonding or construction of Coverstone Drive as a four-lane
section from Point C to Point D 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 light industrial building area or greater than 1,500 VDP. Final
top courses of asphalt for Coverstone Drive from Point A to Point C 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 constructs a portion from their proposed Phase 1 (existing
Coverstone to their first commercial entrance) to the Tazewell Drive
intersection and then constructs or bonds the roadway from that point to
the neighboring property owner’s line. This proposed revision places
responsibility for completion of the construction of Coverstone Drive from
Millwood Pike/Inverlee to the shared property line (Point D) 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, however there is now a proffer of
$20,000 added as 7.8 below.
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. The proposed rezoning
removes the commitment for the completion of Coverstone Drive and any
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
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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 Virginia Department of Transportation.
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
October 2018. Off-site improvements shall be constructed in two (2) phases and correspond as
part of Phases 1 and 2 as defined in Proffer 7.2 above;
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 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: 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. The County has a pending SmartScale application to properly
address left turn capacity issues at this intersection, however approval is
not assured, and this issue should be analyzed more closely.
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.
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 right-of-way to construct
Tazewell Road, all other commitments for Coverstone Drive would
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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# 64-A-87 south and west of
the Coverstone Drive and Prince Frederick Drive Intersection at the request of
Frederick County or the Virginia Department of Transportation.
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 Virginia Department of Transportation. These monetary contributions may
be utilized by Frederick County for transportation improvements within the vicinity of
the subject property.
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.
7.8 The Owner shall contribute $20,000 toward infrastructure improvements for
Coverstone Drive west of Prince Frederick Drive to connect to relocated Route 522,
payable prior to the first occupancy permit.
7.9 The Owner shall pay $360,000 to the County to be used to pay toward the road
improvements in the public right-of-way on Route 50 to create an intersection with
Inverlee Way or to be used at the County’s discretion, for road improvements in the
Coverstone Drive area. The Owner agrees to make said payment at the earlier of the
issuance of a certificate of occupancy for a building in the second phase of development
as is described herein or at the time that a road is constructed which intersects with
Route 50 at the location referenced herein.
Staff Note: While it is clear that the $360,000 is an additional proffer from previous
versions of this rezoning, the Applicant should provide additional clarity
regarding how the figure was arrived at.
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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.
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.
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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 Public Hearing Held; Recommended
Approval
Board of Supervisors: 12/12/18 Postponed
Board of Supervisors: 01/23/19 Public Hearing Held; Postponed Action
Board of Supervisors: 03/13/19 Action Item
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)
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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 Governors 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
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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
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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:
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 adequately 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 3,100 trips per day (TIA
estimated at 1.2 million square feet of warehousing/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 relocation) 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.
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PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/07/18 MEETING:
Staff reported this is a request to rezone a total of 122.18+/- acres from the R4 (Residential Planned
Community) District to the M1 (Light Industrial) District with proffers and provided an overview of the
application.
A Commission Member commented and inquired, the future Route 522 is supposed to come in at
Prince Frederick Drive, how would they connect the traffic from Coverstone Drive to the new Route
522. Staff noted it would be a significant intersection or a round-about. The Commission Member
inquired if a cash proffer is accepted by the County could it only be used for the purpose of those
transportation improvements and if not approved would that cash go back to the developer. Staff noted
without more detailed language in the proffers that would be correct. The Commission Member shared
his concerns regarding tractor trailers having to make multiple turns to access major roadway and the
dangers of the bad angle of turning left from Prince Frederick Drive onto Route 50. Staff noted it
would be difficult to improve this intersection.
A Commission Member commented, on the original rezoning cash proffers there is one that reads; by
June 30, 2018 the right-of-way and design to be secured for Coverstone Drive to the new Route 522 is
supposed to be a $20,000 cash proffer and he inquired was this proffer paid. Staff explained that it had
not been paid and the relocation to Route 522 was adopted by the BOS in December 2017. The
Commission Member asked if that would be considered a zoning violation with the existing rezoning.
Staff explained, the responsibility for that proffer falls to all property owners associated with the
original rezoning; it is an outstanding proffer therefore it is a component of the zoning ordinance
specific to this property and it would need to be fulfilled before any development occurs on the
property. He noted, should this rezoning move forward, this property would not be responsible for that
proffered contribution, that would fall on the balance of the properties as a zoning violation and all of
the other commitments that remain would be the responsibility of the remaining property owners.
Mr. Alex Westra representing Hines – Global Investment and Development presented a brief overview
of the company. He noted, although a very large company, Hines remains family oriented. Mr. Westra
commented the development will be a major benefit to the County.
Mr. Ron Mislowsky of Pennoni Associates spoke on behalf of the Applicant. Mr. Mislowsky gave an
overview of how this application came forward and the prior rezoning. Mr. Mislowsky shared
comments provided by County Agencies. Mr. Mislowsky believes the impacts associated with this
rezoning have been addressed. Mr. Mislowsky noted the Applicant is agreeable to the increase to
emergency services of $0.10 per SF and also not to exceed 3,100 trips per day.
A Commissioner Member shared his concerns with the safety issues regarding truck traffic turning left
from Prince Frederick Drive onto Route 50. A Commission Member inquired regarding the Airport
Support District and does that encompass all of the Land Bays. Mr. Mislowsky stated that it does;
Business and Industrial.
Mr. Paul Anderson the Vice-Chairman of the Regional Airport Authority spoke in support of this
application and wants to make sure the proffers are left in place.
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Mr. Steve Aylor of Miller & Smith, the owners of parcels 64-A-83 and 64-A-83A requested this item be
postponed or denied.
Commission Members reiterated their concerns for this application: proffers too expensive for
residential; traffic safety; road development throughout.
A motion was made (Ambrogi), seconded (Dawson), and passed to recommend approval.
Yes: Mohn, Dawson, Triplett, Ambrogi, Thomas
No: Molden, Oates, Cline, Kenney
(Note: Commissioners Marston, Unger, Manuel were absent from the meeting.)
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.