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HomeMy WebLinkAbout05-20 BOS Staff Report MASTER DEVELOPMENT PLAN #05-20 Fairfax Downs Staff Report for the Board of Supervisors Prepared: November 23, 2020 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/18/20 Reviewed Board of Supervisors: 12/09/20 Pending PROPOSAL: To develop five properties totaling approximately 83.56 acres of land zoned B2 (General Business) and M2 (Industrial General) and RA (Rural Areas) District with commercial, industrial, and residential land uses. The RA portion of the site consists of 50.86 acres and is proposed to be developed with a total of 93 single-family detached (SF) urban units. This site is being utilized as a receiving property and will be applying transferred development rights as permitted by the Transfer of Development Rights (TDR) ordinance to develop the RA portion of the property with RP (Residential Performance) District standards. The subject receiving parcel will be utilizing 93 transferred development rights from eight parcels (73-A-29, 92-A-70B, 60-A-69, 92-A-70A, 60-A-69B, 61-A-13A, 06-A-63, 07-A-2) which are located in the County’s sending area. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-78, 86-A-79, 86-A-80, 86-A-81, and 86-A-82 LOCATION: The subject property is located generally south of Route 277 (Fairfax Pike), generally east of Route 641 (Double Church Road) and generally west of South Warrior Drive in the Stephens City area. PROPERTY ZONING & PRESENT USE: Zoned: B2 (General Business) Use: Vacant/Office Zoned: M2 (Industrial General) Use: Garage Zoned: RA (Rural Areas) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: M1 (Light Industrial) Use: Warehouse/Tractor Truck parking RP (Residential Performance) Use: Residential South: RA (Rural Areas) Use: Church/Vacant East: RA (Rural Areas) Use: School/Vacant West: RA (Rural Areas) Use: Residential/Vacant MDP #05-20, Fairfax Downs November 23, 2020 Page 2 STAFF CONCLUSIONS FOR THE 12/09/20 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Fairfax Downs depicts appropriate land uses and appears to be consistent with the requirements of Article III, Transfer of Development Rights (TDR) Program and Article VIII, Master Development Plan, of the Zoning Ordinance. Following the Planning Commission and Board of Supervisors review of the MDP, staff will proceed with the severing and application process for the TDR rights from the sending property to the receiving property and proceed with approval of the MDP. All issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to move forward with the TDR transfer and approve the MDP. REVIEW EVALUATIONS: Virginia Department of Transportation: We have completed our review of the Fairfax Downs MDP, with a revision date of September 18, 2020. While we have no overall objection to the plan, we do offer the following comments for County’s consideration: 1. The plans will need to be signed by the engineer for final review/approval. 2. We have agreed to allow the sewer beneath the pavement for this development. This is not desired, but we are allowing for this particular instance. 3. We respectfully ask for future projects in the County, additional right-of-way and/or easements be secured early on to allow for all utilities to be located outside of the pavement area. Please see attached email dated October 13, 2020. Frederick County Fire Marshal: Approved Please see attached letter dated March 24, 2020. Frederick County Inspections: Project shall comply with The Virginia Uniform Statewide Building Code (USBC). Dwellings (R-5) shall comply with The Virginia Residential 2015 Codes. Other Codes that apply are the 2015 Virginia Energy. Grade shall be sloped away from foundations a min 6” in 10’. Backwater valves shall be installed on all plumbing fixtures, (subject to back sewer), located below the top elevation of the upstream manhole cover. Dams shall be constructed in sewer trenches where trench slopes to foundations. Common area shall be accessible and be located on an accessible route. Structures placed on Wetlands/Ponds require compaction, engineer design, and approval. MDP #05-20, Fairfax Downs November 23, 2020 Page 3 Engineer Design required on all foundation and/or slabs with greater than 8” fill or 24” clean sand/gravel. Fill shall be designed and compacted by a Registered Design Professional Foundations shall be placed on slopes as required per Section R403.1.7. Engineering on slop stability required. The building official is permitted to require an investigation and recommendation of a qualified engineer to demonstrate that the intent of this section has been satisfied. Such an investigation shall include consideration of material, height of slope, slope gradient, load intensity and erosion characteristics of slope material. Site plan approved pending receipt of geotechnical soil investigation as required. Please see attached letter dated March 27, 2020. Frederick County Public Works: The attached response letter will take care of all of our previous comments for the MDP Fairfax Downs. Please let me know if you have any further questions. Please see attached email dated July 10, 2020. Frederick Water: Frederick Water offers no comments at this time. A more detailed review will be conducted at the time of site plan submission. Please see attached letter dated May 8, 2020. Frederick County Park & Recreation: In regard to the MDP submitted for Fairfax Downs, Parks and Recreation will look to review and provide comment at the subdivision site plan has, unless a new MDP is created. Please see attached email May 5, 2020. Frederick County Public Schools: Frederick County Public Schools has reviewed the second submission of the application reference above, submitted to us on July 27, 2020. We offer the following comments: 1. After discussion with VDOT, County Planning, the Sheriff’s Office, and the Commonwealth’s Attorney, we have determined that it is possible for us to control traffic moving through the Warrior Drive/Berkeley Street intersection with two crossing guards. In order for us to place crossing guards in the intersection, a marked school crossing is needed. While we realize that a Master Development Plan is not necessarily the place for such details, we are asking for a marked school crossing as part of this process. This will address our vehicular safety concern through that intersection. 2. Provision of separate pedestrian facilities at this intersection will address our pedestrian safety concerns at the intersection. Please see attached letter dated August 31, 2020. MDP #05-20, Fairfax Downs November 23, 2020 Page 4 Planning & Zoning: A) Master Development Plan Requirement A Master Development Plan is required prior to development of this property. Before an MDP can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the MDP conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the MDP is to promote orderly and planned development of the property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The subject properties comprising this MDP were not part of any approved Rezoning (REZ) application. There are no proffers or previously approved development plans. Approximately 50.86-acres of the subject properties are zoned RA (Rural Areas); the Applicant will utilize the County’s Transfer of Development Rights (TDR) program to develop additional lots with RP (Residential Performance) District standards. The Applicant has purchased 93 TDR credits from Sending Area #3 which has a value of 1 residential unit per credit for a total of 93 single-family detached (SFD) units. As noted on the MDP, the Applicant intends to development single-family detached urban lots, with a minimum lot area of 12,000 square feet (SF). C) Site Suitability & Project Scope Comprehensive Plan: 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. Land Use Compatibility: The subject parcels comprising this MDP, Fairfax Downs, are located within the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The UDA defines the general area in which more intensive forms of development will occur. In addition, the property is located within the Southern Frederick Area Plan (SOFRED) of the 2035 Comprehensive Plan. The Plan envisions the subject properties to develop as an urban center (i.e. the “Sherando Center”). The Sherando Center is envisioned to be “an intensive, walkable urban area that is well integrated with the surrounding community. The MDP, as proposed, generally meets the 2035 Comprehensive Plan vision for this area of the County. The MDP depicts a mix of commercial and residential uses with pedestrian and vehicle connectivity throughout the development. Site Access and Transportation: The transportation sections of the 2035 Comprehensive Plan and the SOFRED Area Plan identify several transportation improvements within and in the vicinity of the Fairfax Downs MDP #05-20, Fairfax Downs November 23, 2020 Page 5 project including: an improved minor arterial roadway (Route 277/Fairfax Pike), an improved major collector roadway (South Warrior Drive), a new minor collector roadway (Brandy Lane), and a hiker/biker trail. The Applicant has proposed with this MDP: • A 20-foot (FT) right-of-way (ROW) dedication for Route 277/Fairfax Pike improvements along Land Bay B and Land Bay C (commercial development); • A variable width (60-80 FT) ROW dedication along the eastern property boundary for future South Warrior Drive (extended); • A dedicated 50-FT ingress/egress easement for future Brandy Lane; • Internal public roads designed to VDOT standards for circulation and private inter- parcel connectivity among commercial land bays. • Sidewalks and trails for pedestrian accommodation and circulation including a 10-FT hiker/biker trail along the east side of existing South Warrior Drive for connectivity to Sherando High School; and • Dedication of approximately 1.48-acres along the east side of South Warrior Drive (a portion of PIN #86-A-80) zoned B2 (General Business) to Frederick County. Access to the site is provided directly from Fairfax Pike (Route 277) via Shrewsbury Way (new public street) and South Warrior Drive via Berkley Street (new public street) and as shown on Sheet 4 of the MDP. Public streets access is required to serve the residential land bay. Inter-parcel connectivity between the commercial land bays may be made through private travel ways with primary access to commercial land bays via internal public streets – Shrewsbury Way and Berkley Street. Staff notes commercial entrances are not shown on the MDP per VDOT comments; however, these commercial entrances (likely from Berkley Street and Shrewsbury Way) will be shown on future site plans and will need to be approved by VDOT. Commercial entrances from Fairfax Pike and/or South Warrior Drive may also require an access management exception from VDOT and would be evaluated at time of site plan submission. The Applicant has also coordinated with Frederick County Public Schools (FCPS) to coordinate the to-be-created intersection of South Warrior Drive and Berkley Street does not create conflict with ingress/egress to the Sherando High School (SHS) campus. The proposed improvements include: extending South Warrior Drive from its current terminus to allow for Berkeley Street to connect at a cross intersection with the SHS student parking entrance; a new access connection to the SHS school bus loop area; sidewalks on both sides of Berkeley Street extending onto South Warrior Drive; pedestrian crossing striping at the Berkeley Street/South Warrior Drive intersection and the South Warrior Drive/SHS student parking entrance intersection, a new access connection to the SHS bus loop area, and pedestrian crossing striping at the Berkeley Street/South Warrior Drive intersection. The Applicant is also showing a public trail system (10’ hiker/biker trail) on the east side of the South Warrior Drive improvement area that connects to the pedestrian crossing striping at the Berkeley Street/South Warrior intersection and to the pedestrian crossing striping pedestrian crossing striping at the Berkeley Street/South Warrior intersection. As indicated in FCPS comments, this coordinated effort will be on-going through future site plan and subdivision design phase. MDP #05-20, Fairfax Downs November 23, 2020 Page 6 The proposed transportation improvements generally conform to the 2035 Comprehensive Plan future transportation elements for this area of the County. Future Site Plans and Subdivision Design Plans will be in conformance with the MDP ensuring the appropriate transportation improvements are in place to support future development. Zoning Ordinance: The site is in general conformance with the applicable Zoning and Subdivision Ordinance standards for the M2 (General Industrial), B2 (General Business), and RP (Residential Performance) Zoning Districts. The MDP also addresses the required setbacks (i.e. building restriction lines) and buffers and screening required by the Code. Site Plans and Subdivision Design Plans for individual uses within the development will need to be submitted and reviewed by Frederick County prior to the establishment of the particular uses. STAFF CONCLUSIONS FOR THE 11/18/20 PLANNING COMMISSION MEETING: The Master Development Plan for Fairfax Downs depicts appropriate land uses and appears to be consistent with the requirements of Article III, Transfer of Development Rights (TDR) Program and Article VIII, Master Development Plan, of the Zoning Ordinance. Following the Planning Commission and Board of Supervisors review of the MDP, staff will proceed with the severing and application process for the TDR rights from the sending property to the receiving property and proceed with approval of the MDP. PLANNING COMMISSION SUMMARY FOR 11/18/20 MEETING: The Planning Commission received a presentation on the Fairfax Downs Master Development Plan at their November 18th meeting. The Planning Commission discussion focused on commercial entrance locations (or lack thereof on the plans) and consideration for and concern over the impact of the proposed residential and commercial development on Sherando High School (SHS) at the intersection of Berkley Street and South Warrior Drive. The Planning Commission noted the need for off-site improvements at the intersection of South Warrior Drive and Fairfax Pike for pedestrian safety, especially for SHS students. Staff reiterated that this development was by-right and not subject to any proffers. STAFF CONCLUSIONS FOR THE 12/09/20 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Fairfax Downs depicts appropriate land uses and appears to be consistent with the requirements of Article III, Transfer of Development Rights (TDR) Program and Article VIII, Master Development Plan, of the Zoning Ordinance. Following the Planning Commission and Board of Supervisors review of the MDP, staff will proceed with the severing and application process for the TDR rights from the sending property to the receiving property and proceed with approval of the MDP. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to move forward with the TDR transfer and approve the MDP.