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HomeMy WebLinkAbout04-19 BOS Staff ReportREZONING APPLICATION #04-19 PERRY PROPERTIES, LLC. Staff Report for the Board of Supervisors Prepared: December 19, 2019 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director John A. Bishop, AICP, Assistant Director Transportation Reviewed Action Planning Commission: 12/04/19 Recommended Approval Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers. LOCATION: The subject property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/08/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 6.18+/- acres from the M1 (Light Industrial) District without proffers to the B2 (General Business) District with proffers. This site is located within the limits of the Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and is within the Sewer and Water Service Area. The Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by commercial zoned property to the south and east, the requested commercial may be acceptable. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 4, 2019 meeting. The proffers associated with this rezoning request are as follows: Proffer Statement – Dated October 17, 2019: A) Transportation Improvements 1. The Owner proffers to improve the Constitution Drive southbound travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of-way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the improvements and dedicate the right-of-way and necessary easements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 2. The Owner proffers to construct a full access commercial entrance on Constitution Drive that is generally located at Location B on the attached Perry Properties Transportation Improvements Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 2 Exhibit dated October 17, 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 3. The Owner proffers to construct a right-in/right-out commercial entrance on Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the right-in/right-out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 4. The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-out commercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5. The Owner proffers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right-in/right-out commercial entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion of the Property as depicted on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The right-of-way dedication plat will be prepared and submitted to VDOT within 90 days of final non-appealable rezoning approval by Frederick County. 7. The Owner proffers to construct a 10’ wide asphalt hiker/biker trail along the southeastern boundary of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10’ wide asphalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five-foot sidewalk. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 8. The Owner proffers to construct a 10’ wide asphalt hiker/biker trail within the Millwood Pike right-of-way between Location A and Location C on the attached Perry Properties Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 3 Transportation Improvements Exhibit dated October 17, 2019. The 10’ wide asphalt hiker/biker trail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 9. The improvements to the Millwood Pike/Constitution Drive intersection were based on a VDOT approved traffic study that assigned 3,000 VPD background traffic for the Property. The Owner proffers to utilize current ITE Trip Generation Manual projections for the identified land use on each Site Plan within the B-2 District portion of the Property to determine when the cumulative traffic volume of development projects exceed 3,000 VPD. The Owner proffers to submit traffic studies as a component of all Site Plans within the B-2 District portion of the Property when cumulative traffic volumes exceed 3,000 VPD to determine traffic impacts to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property. The Owner will be responsible for the construction of improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property identified in the traffic study for each Site Plan prior to the issuance of a certificate of occupancy permit for each Site Plan. 10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements specified in Section 165-202.02.01D(13) of the Frederick County Zoning Ordinance. The additional landscaping shall include flowering plants and ornamental grasses planted in mulch beds along the Millwood Pike frontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated in the Landscape Enhancement Area Detail provided on the attached Per ry Properties Transportation Improvements Exhibit dated October 17, 2019. B) Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for B-2, District zoning. 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. Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 4 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: 12/04/19 Recommended Approval Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers. LOCATION: The subject property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-158 PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Industrial/Vacant South: B2 (General Business) Use: Commercial East: M1 (Light Industrial) B2 (General Business) Use: Commercial/Industrial West: B2 (General Business) Use: Commercial Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 5 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see email from Arthur Boyce, VDOT-Land Development Engineer dated October 10, 2019. Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated August 14, 2019. Frederick County Department of Public Works: We offer no comments at this time. A comprehensive review of the site plan will occur when submitted in the future. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: No comment. County of Frederick Attorney: Proffer is in acceptable legal form. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester and Stephenson Quadrangles) depicts the zoning for the parcel as M1 (Light Industrial). 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Senseny/Eastern Urban Area Plan provides guidance on the future development of the property. The property is located within the SWSA. The Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by commercial zoned property to the south and east, the requested commercial may be acceptable. Rezoning #04-19 PERRY PROPERTIES, LLC. December 19, 2019 Page 6 Transportation The Eastern Road Plan calls for a New Major Collector roadway, which has now been constructed, along the eastern boundary of this property. In addition, the Eastern Road Plan and the MPO Long Range Plan call for the widening of Route 50 to 6 lanes along the frontage of this property. Both roadways are key in the long-range transportation vision for this area of Frederick County. The Applicant is accommodating these roadways through the proffer of right-of-way to allow for the Route 50 widening and an additional widening proffer for Constitution Drive that will allow that facility to have full width lanes that were not available with the previous right-of-way restrictions. The Applicant is also establishing an entrance along Constitution Drive that will allow for inter-parcel access to property not currently proposed for rezoning along that roadway and a right-in/right-out entrance along Route 50 that meets access management standards set by VDOT. The access management standards are an important goal noted in the Senseny/Eastern Frederick Urban Area Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/04/19 MEETING: Staff report the application is to rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers. Staff then provided an overview of the proffers offered with the rezoning with improvements to Constitution Drive and Millwood Pike. Commissioner Manuel requested clarification, of the letter dated August 14, 2019 from Frederick Water stating the Westview Pump Station would need upgrades. Staff replied this will be address at the site plan stage. Mr. Evan Wyatt of Greenway Engineering, LLC., representing the Applicant came forward. Mr. Wyatt stressed that Applicant, VDOT and Greenway Engineering worked to present acceptable proffers to the County. Mr. Wyatt reiterated the Westview Pump Station will be address at the site plan stage. There were no public comments during the public hearing and the Planning Commission recommended approval of the rezoning application. A motion was made, seconded and unanimously passed to recommend approval of the Rezoning #04-19 for Perry Properties, LLC. 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.