HomeMy WebLinkAbout01-21 PC Staff Report - June REZONING APPLICATION #01-21
ONE LOGISTICS PARK WINCHESTER
Staff Report for the Planning Commission
Prepared: May 20, 2021
Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director
John A. Bishop, AICP, Assistant Director - Transportation
Reviewed Action
Planning Commission: 03/17/21 Public Hearing Held; Tabled 90 Days
Planning Commission 06/02/21 Pending
Board of Supervisors: 07/14/21 Pending
PROPOSAL: To rezone 277.16+/- acres from the R4 (Residential Planned Community) District with
proffers to the B2 (General Business) District and the M1 (Light Industrial) District with proffers.
LOCATION: The 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 (Route 1538)
and west of Arbor Court and Pendleton Drive.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/02/21 PLANNING
COMMISSION MEETING:
The subject properties are 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). This application proposes to rezone the majority of the site to allow for industrial
uses, with an area of commercial remaining at the intersection of Coverstone Drive and Millwood Pike
(Route 50 East) and removes the residential units associated with the approved rezoning.
The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of the 2035
Comprehensive Plan. The Plan identifies these properties with a commercial/transition and residential
land use designation; these designations are consistent with the current zoning. Therefore, the
requested M1 District is generally inconsistent with the Comprehensive Plan. It should be noted that
the entire site was previously designated for commercial land uses by the Comprehensive Plan in effect
at the time of the original rezoning approval; the plan was later updated to show the residential zoning
approved in 2005. The subject parcels are also located within the boundaries of the Airport Support
Area that surrounds the Winchester Regional Airport; the support area discourages new residential
construction. The proposed elimination of the residential units would further support the goals of the
Airport Support Area.
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 Millwood Pike 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
planned phased connection from the existing terminus of Coverstone Drive to Millwood Pike at
Inverlee Drive provides for an important linkage that serves both this development and surrounding
land uses.
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While the completion of Coverstone Drive will provide an important linkage in this area, it’s important
to examine the anticipated traffic generation from this proposal and its projected impact on the greater
network that will serve this development. This application shows a reduction in vehicle trips per day
from 47,085 anticipated with the current approved rezoning to 17,606. While it is recognized that this
proposal results in a significantly reduced overall trip generation, it should be recognized that this
development would generate more tractor trailer trips and interstate-based trips. VDOT has expressed
significant concern, as outlined in their comments, that the function of the Exit 313 interchange will be
negatively impacted by this development during the peak times that were studied.
In regard to the proffers submitted with this application, Staff would note concerns with Proffer 2.6.2b
and Proffer 2.7. Proffer 2.6.2b does not obligate the applicant to enter the signalization agreement until
after all other onsite roadwork in the development is complete and adopted into the system; it is
suggested that the agreement be triggered with an earlier phase. Proffer 2.7 obligates the Board of
Supervisors to potentially procure right of way on behalf of the applicant for offsite improvements.
This creates the potential for the site to develop without mitigating the transportation impacts addressed
by the offsite road improvements outlined in the proffers.
The Planning Commission held a public hearing for this rezoning on March 17, 2021; the Commission
expressed concern with the traffic that could be generated from the requested zoning change. The
Commission ultimately postponed the rezoning for 90 days and requested a worksession to further
discuss the application; the worksession was held on April 21, 2021. Since the worksession, the
Applicant has submitted revised proffers that seek to address concerns expressed by Staff and the
Planning Commission. With the revision, Staff continues to have concern regarding proffer 2.7
pertaining to the completion of off-site transportation improvements. Staff would also note that the
concerns expressed by VDOT have not been addressed.
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.
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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: 03/17/21 Public Hearing Held; Tabled 90 Days
Planning Commission 06/02/21 Pending
Board of Supervisors: 07/14/21 Pending
PROPOSAL: To rezone 277.16+/- acres from the R4 (Residential Planned Community) District with
proffers to the B2 (General Business) District and the M1 (Light Industrial) District with proffers.
LOCATION: The 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 (Route 1538)
and west of Arbor Court and Pendleton Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 64-A-83, 64-A-83A, 64-A-84, 64-A-86, 64-A 87
PROPERTY ZONING: R4 (Residential Planned Community) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
RA (Rural Areas) Residential
South: RA (Rural Areas) Use: Regional Airport
East: M1 (Light Industrial) Use: Industrial
MH1 (Mobile Home Community) Residential
RA (Rural Areas) Residential
West: RA (Rural Areas) Use: Regional Airport, Public Safety Center
B2 (General Business) Commercial
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REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see attached letter from Pennoni dated February 12, 2021
addressed to Bradley S. Riggleman, P.E.
Frederick-Winchester Health Department: This Department has no objections to rezoning from R4
to M1 and B2.
Frederick -Winchester Service Authority: FWSA defers comments to Frederick Water.
Frederick Water: The revised One Logistics Park proffers dated December 7, 2020 are acceptable.
Please attached email from Eric Lawrence, Executive Director, dated December 14, 2020.
Frederick County Fire Marshall: Plan approved.
Winchester Regional Airport: Please see attached letter from Nick Sabo, A.A.E. Executive Director,
dated September 15, 2020.
County of Frederick Attorney: Please see attached comments from Roderick B. Williams, County
Attorney dated April 12, 2021.
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) District. The parcels were re-mapped
from R1 to A2 (Agricultural General) District 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 in 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
plan for the future physical development of Frederick County.
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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 these properties. The site is located within the limits of
the Sewer and Water Service Area (SWSA). The Plan identifies these properties with a
commercial/transition and residential land use designation which is consistent with the current
zoning; therefore, the requested M1 (Light Industrial) District is generally inconsistent with the
Comprehensive Plan. It should be noted that the entire site was previously designated for
commercial land uses by the Comprehensive Plan in effect at the time of the original rezoning
approval; the plan was later updated to show the residential zoning approved in 2005.
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. The elimination of the residential zoning
that currently exists on the site would further the goals of the Airport Support Area.
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 Millwood Pike (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 planned connection from the existing terminus of
Coverstone Drive to Millwood Pike at Inverlee Drive provides for an important linkage that
serves both this development and significant residential development north of Route 50. This
connection would offer an alternative route that would help relieve 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, which
once approved and constructed, would connect at Prince Frederick Drive. In combination with
the Crossover Boulevard project, which is currently under construction from Airport Road into
the City of Winchester, this important network connection would allow significant traffic flow
from this development and surrounding land uses to access Route 522 and the City of
Winchester without traveling through the Exit 313 interchange area.
3) Potential Impacts:
Transportation:
While the completion of Coverstone Drive will provide an important linkage in this area, it’s
important to examine the anticipated traffic generation from this proposal and its projected
impact on the greater network that will serve this development. The current transportation
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assumptions for the existing approved development anticipated a trip generation at buildout of
47,085 vehicles per day. The proposed application being considered shows a reduction to
17,606 vehicles per day. While it is recognized that this proposal results in a significantly
reduced overall trip generation, it should be recognized that this development would generate
more tractor trailer trips and interstate-based trips.
VDOT has expressed significant concern, as outlined in their comments, that the function of the
Exit 313 interchange will be negatively impacted during the peak times that were studied.
Given that the pending improvements to Exit 313 by VDOT include minimal capacity
improvements, these interchange improvements will not alleviate the impacts from this
development and the concerns that have been identified by VDOT.
In regard to the proffers submitted with this application, Staff would note concerns with Proffer
2.6.2b and Proffer 2.7. Proffer 2.6.2b does not obligate the applicant to enter the signalization
agreement until after all other onsite roadwork in the development is complete and adopted into
the system. Given the development triggers that implement that roadwork this creates the
possibility that all development has taken place prior to when proffer 2.6.2b would be
implemented. This creates a situation where it would be difficult for the County to enforce
proffer 2.6.2b. It would be more appropriate to connect the signalization agreement to an
earlier phase of development. Staff has suggested certificates of occupancy on land bays 1 or 2,
however there are a number of ways this could be addressed to better protect the County.
Proffer 2.7 obligates the Board of Supervisors to potentially procure right of way on behalf of
the applicant for offsite improvements. This creates the potential for the site to develop without
mitigating the transportation impacts addressed by the offsite road improvements outlined in the
proffers.
4) Proffers:
The revised proposed proffers associated with this rezoning application are as follows; Staff has
identified concerns with the proffers that are shown in bold italic.
Proffer Statement – Revised May 18, 2021:
1. LAND USE
1.1. The project shall be designed to establish interconnected commercial and light
industrial Land Bays in conformance with the GDP, and as is specifically set forth
in these proffers. Minor modifications as necessary upon final engineering, must meet
the intent of the proffers and receive Director of Planning approval.
2. TRANSPORTATION
2.1. The public roadways proposed on the Property shall be constructed in the locations
depicted on the GDP. Minor modifications, as necessary upon final engineering,
including but not limited to land bay ingress/egress and intersection alignments, must
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meet the intent of the proffers and receive Director of Planning and VDOT approval at
site plan or road plan.
2.2. The Owners shall design, construct, and dedicate Coverstone Drive as an urban four-lane
divided collector road with turn lanes as warranted within an approximate 102' right-of-
way in accord with the phasing schedule referenced below. The Owners may at their
option also build this road ahead of the requirements of the phasing schedule.
PHASE 1: Phase 1 shall consist of the full urban four-lane divided collector road
section, including a ten-foot shared-use asphalt trail, from Millwood
Pike to the south boundary of Land Bay 3, as depicted on the GDP. This
roadway shall be bonded and constructed to a minimum base asphalt
prior to issuance of a certificate of occupancy for any building within
Land Bays 3 or 4. Phase 1 improvements shall consist of all necessary
improvements, including signalization if or when warranted by VDOT,
to create a four-way intersection, or alternative intersection, subject to
VDOT approval, at the existing intersection of Inverlee Way and
Millwood Pike as shown on the GDP. Additionally, the Owner shall
close the existing Millwood Pike crossover previously used for access to
the golf course concurrent with Phase 1 improvements.
PHASE 2: Phase 2 shall consist of construction of a two-lane urban half section of
Coverstone Drive from the south boundary of Land Bay 3 to the
Pendleton Drive intersection as depicted on the GDP, including a
shared-use asphalt trail on the east side of this roadway. Phase 2
roadway improvements shall provide additional access to Land Bay 4
and shall be completed prior to issuance of a certificate of occupancy for
any use on Land Bays 5 through 8. This two-lane Phase 2 half section
shall be subject to final engineering and VDOT approval and shall
include the two ultimate northbound lanes used for two-way traffic, with
a lane transition to the Phase 1 four lane section.
PHASE 3: Phase 3 shall consist of construction of a two-lane urban half section of
Coverstone Drive from the Pendleton Drive intersection to the existing
Coverstone Drive connection at 1080 Coverstone Drive (TM 64-A-87A)
as depicted on the GDP, including transition to the existing four-lane
section and a shared-use asphalt trail to the south/east of the roadway.
Phase 3 roadway improvements shall be completed prior to issuance of a
certificate of occupancy for any use on Land Bays 1 or 2 and or no later
than issuance of the certificate of occupancy for new construction on the
Property that exceeds 1,600,000 square feet. This two-lane Phase 3 half
section shall be subject to final engineering and VDOT approval and
shall include the two ultimate eastbound lanes used for two-way traffic,
with a lane transition to the existing four lane section.
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PHASE 4: Phase 4 shall consist of construction of the remaining two-lanes of the
full urban four-lane divided section of Coverstone Drive previously
constructed in Phases 2 and 3 from the south boundary of Land Bay 3 to
the existing Coverstone Drive connection at 1080 Coverstone Drive (TM
64-A-87A) as depicted on the GDP. Phase 4 roadway improvements
shall be completed prior to issuance of a certificate of occupancy for any
new construction on the Property that exceeds 2,000,000 square feet.
2.3. Notwithstanding the foregoing Proffer 2.2 phasing schedule for the construction of
Coverstone Drive, if vehicle per day (VPD) traffic counts on Coverstone Drive exceed
10,000 VPD total or if Heavy Vehicle traffic counts exceed 800 Heavy Vehicle VPD on
Coverstone Drive, south of Land Bay 3, then the Owners shall complete the full
construction of Coverstone Drive as an ultimate full urban four lane section from
Millwood Pike to the existing eastern terminus of Coverstone Drive (1080 Coverstone
Drive (TM 64-A-87A) prior to issuance of any further certificates of occupancy. The
term “Heavy Vehicle” shall be defined as per FHWA Classification Type 4 or higher (6
tires, or multi-axle vehicle). In order to ensure compliance with this Proffer 2.3, the
Owners shall provide a vehicle classification count to Frederick County, including Heavy
Vehicle counts, not later six months after the issuance of the first certificate of
occupancy for new construction on the Property in either Land Bays 1 and 2 or any new
construction that yields a minimum cumulative aggregate of 1,600,000 square feet of
new construction on the Property.
2.4. The Owners shall design and construct the extension of existing Pendleton Drive to
Coverstone Drive, as shown on the GDP. The proposed extension will be a minimum
two-lane urban local roadway with an approximate right of way width of 60' to provide
access to employment uses within Phase B (Land Bays 5 through 8). The Pendleton
Drive extension shall be constructed prior to issuance of the first occupancy permit
within Phase B.
2.5. Access to Millwood Pike shall be limited to Coverstone Drive, as shown on the GDP,
with the exception of the private driveway currently serving the residentially zoned
parcel identified as TM 64-A-83B. The Owners shall maintain an access easement for
this residential driveway until such time as this residentially zoned parcel is rezoned for
non-residential uses. If this residentially zoned parcel is rezoned by others for non-
residential uses, an interparcel access linkage shall be provided. No new commercial
access to Millwood Pike is proposed and the existing driveway to 1600 Millwood Pike
(TM 64-A-83B) will not be used for site access.
2.6. All off-site road improvements shall be designed to the latest VDOT standards, unless
otherwise approved by VDOT in general conformance with the submitted impact study.
Off-site improvements shall be constructed as depicted on the GDP as follows:
2.6.1. Eastern improvements shall consist of improvements at the intersection of
Millwood Pike/Inverlee Way/Coverstone Drive and shall be completed
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coincident with the Coverstone Drive construction described in Proffer 2.2,
Phase 1, and shall consist of the following improvements:
a) Eastbound Millwood Pike right turn lane to Coverstone Drive
b) Westbound Millwood Pike dual left turns to Coverstone Drive, and
c) Northbound Coverstone Drive dual lefts to Millwood Pike
2.6.2 Western improvements shall consist of improvements at the intersection of
Prince Frederick Drive/Costello Drive and shall be completed coincident with
new construction that yields a total aggregate new construction amount on the
Property in excess of 1,600,000 square feet and shall consist of the following
improvements:
a) Northbound Prince Frederick Drive left to Costello Drive; and
b) Installation of traffic signalization at the intersection of Prince Frederick
Drive and Costello Drive, if deemed warranted by VDOT and subject to
VDOT approval. If warranted, this installation will occur once Proffer 2.2
Coverstone Drive Phase 2 and Phase 3 improvements have been
completed and accepted into the State highway system. If this traffic
signalization is not warranted by VDOT at that time, the Owners will
provide a cash contribution in the amount Two Hundred Thousand Dollars
($200,000) to Frederick County for regional roadway improvements off-
site in the Millwood Pike corridor as determined by the Board of
Supervisors. This cash contribution shall be escalated per the Consumer
Price Index (CPI-U) forward from the date of rezoning approval.
Staff Note: Proffer 2.6.2b does not obligate the applicant to enter the signalization agreement
until after all other onsite roadwork in the development is complete and adopted into
the system. Given the development triggers that implement that roadwork this
creates the possibility that all development has taken place prior to when proffer
2.6.2b would be implemented. This creates a situation where it would be difficult for
the County to enforce proffer 2.6.2b. It would be more appropriate to connect the
signalization agreement to an earlier phase of development. Staff has suggested
certificates of occupancy on land bays 1 or 2, however there are a number of ways
this could be addressed to better protect the County.
2.6.3 Northern improvements shall consist of improvements at the intersection of
Millwood Pike and Prince Frederick Drive and shall consist of the following
improvements: Construction of an additional lane on northbound Prince
Frederick Drive to provide a dedicated left, left/through, and right turn lane,
including modifications to the existing signal and geometric improvements of
the crossover, and shall be completed coincident with new construction that
yields a total aggregate new construction amount on the Property in excess of
1,600,000 square feet.
2.7. The Owners’ obligations to complete the off-site transportation improvements described
in Proffer 2.6 shall be contingent upon the acquisition of the off-site right-of-way and
necessary easements required for these improvements. The Owners shall make a good
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faith effort to obtain this off-site right-of-way and necessary easements by private means
at fair market value. If the Owners are not able to acquire any of this required off-site
right-of-way and necessary easements through private means, the Owners shall then
request use of eminent domain by the County. Should the County approve of use of its
eminent domain power to secure any needed right-of-way and necessary easements
required for the Owners’ completion of the off-site transportation improvements
described in Proffer 2.6, the Owners shall reimburse the County for all of its expenses,
including appraisal reports, land interest acquisition costs, legal fees, and court document
recordation fees, required for acquisition of this needed right-of-way and necessary
easements. In the event that the County decides not to exercise its power of eminent
domain so as to acquire this needed off-site right-of-way and necessary easements
required for these proffered improvements, the Owners shall instead provide alternative
satisfaction of its proffered obligation to construct these off-site improvements by
providing a cash contribution at that time to the County for the appraised right-of-way
acquisition values of these off-site rights-of-way and the estimated construction costs of
those off-site transportation improvements it is not able to construct for use by the
County for regional roadway improvements off-site in the Millwood Pike corridor as
determined by the Board of Supervisors. The construction cost estimate shall be subject
to review and approval by the County. This cash contribution shall coincide with the
thresholds that triggers the off-site road improvement as identified in Proffer 2.6
Staff Note: This proffer would request the Board of Supervisors to use eminent
domain to acquire private land should the Applicant be unable to obtain
the needed area or easements. If this does not occur, it could leave the
County with an unacceptable traffic condition at the location identified
for an off-site improvement and no realistic way to address it.
2.8. Any future transportation analyses required for the Property shall utilize the Land Use
Code per the latest version of the I.T.E. Trip Generation Manual for any non-residential
use. Determination on alternative land uses shall be scoped with VDOT and approved in
writing prior to submission of site plan.
PEDESTRIAN TRAIL SYSTEM
3.1. The Owners shall design and build a 10’ public pedestrian-bicycle asphalt trail, to
Virginia Department of Transportation (VDOT) standards, generally along the south/east
side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the
west, outside of the dedicated right-of-way, will be provided. A Sidewalk shall be
constructed to VDOT standards along the extension of Pendleton Drive.
4. FIRE AND RESCUE
4.1. Cash contributions to support Frederick County fire and rescue services in the amount of
One Hundred Dollars ($100) for every 1000 square feet of commercial and/or industrial
building area shall be paid by the Owners to the County at time of issuances of
certificates of occupancy for each building.
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5. WATER AND SANITARY SEWER
5.1. The Owner shall be responsible for connecting the Property to public water and sanitary
sewer. All water and sanitary sewer infrastructure shall be constructed in accordance
with the requirements of the Frederick County Sanitation Authority.
5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase
A, the Owner, will conform with all appropriate Frederick Water regulations at time of
site plan to address concerns regarding the inundation of three existing sanitary sewer
manholes (#84, 84A, 85). The subject manholes are located south of Millwood Pike,
adjacent to an existing pond within the project limits. The pond is located south of
Millwood Pike, west of the proposed Coverstone entrance.
6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
6.1. The Owner shall conduct, or cause to be conducted, a Phase I Archaeological
Investigation of the Property prior to the approval of the first final site 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.
7. ROAD EFFICIENCY BUFFER
7.1. The Owners shall provide an additional 50’ to the Road Efficiency Buffer for the portion
of the site within Phase A as depicted on the GDP.
2.7. The Owners’ obligations to complete the off-site transportation improvements described
in Proffer 2.6 shall be contingent upon the acquisition of the off-site right-of-way and
necessary easements required for these improvements. The Owners shall make a good
faith effort to obtain this off-site right-of-way and necessary easements by private means
at fair market value. If the Owners are not able to acquire any of this required off-site
right-of-way and necessary easements through private means, the Owners shall then
request use of eminent domain by the County. Should the County approve of use of its
eminent domain power to secure any needed right-of-way and necessary easements
required for the Owners’ completion of the off-site transportation improvements
described in Proffer 2.6, the Owners shall reimburse the County for all of its expenses,
including appraisal reports, land interest acquisition costs, legal fees, and court document
recordation fees, required for acquisition of this needed right-of-way and necessary
easements. In the event that the County decides not to exercise its power of eminent
domain so as to acquire this needed off-site right-of-way and necessary easements
required for these proffered improvements, the Owners shall instead provide alternative
satisfaction of its proffered obligation to construct these off-site improvements by
providing a cash contribution at that time to the County for the appraised right-of-way
acquisition values of these off-site rights-of-way and the estimated construction costs of
those off-site transportation improvements it is not able to construct for use by the
County for regional roadway improvements off-site in the Millwood Pike corridor as
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determined by the Board of Supervisors. The construction cost estimate shall be subject
to review and approval by the County. This cash contribution shall coincide with the
thresholds that triggers the off-site road improvement as identified in Proffer 2.6.
Staff Note: This proffer would request the Board of Supervisors to use eminent domain to acquire
private land should the Applicant be unable to obtain the needed area or easements.
If this does not occur, it could leave the County with an unacceptable traffic condition
at the location identified for an off-site improvement and no realistic way to address
it.
2.8. Any future transportation analyses required for the Property shall utilize the Land Use
Code per the latest version of the I.T.E. Trip Generation Manual for any non-residential
use. Determination on alternative land uses shall be scoped with VDOT and approved in
writing prior to submission of site plan.
3. PEDESTRIAN TRAIL SYSTEM
3.1. The Owners shall design and build a 10’ public pedestrian-bicycle asphalt trail, to
Virginia Department of Transportation (VDOT) standards, generally along the south/east
side of Coverstone Drive. A crosswalk connection to the existing asphalt path to the
west, outside of the dedicated right-of-way, will be provided. A Sidewalk shall be
constructed to VDOT standards along the extension of Pendleton Drive.
4. FIRE AND RESCUE
4.1. Cash contributions to support Frederick County fire and rescue services in the amount
of One Hundred Dollars ($100) for every 1000 square feet of commercial and/or
industrial building area shall be paid by the Owners to the County at time of issuances
of certificates of occupancy for each building.
5. WATER AND SANITARY SEWER
5.1. The Owner shall be responsible for connecting the Property to public water and sanitary
sewer. All water and sanitary sewer infrastructure shall be constructed in accordance
with the requirements of the Frederick County Sanitation Authority.
5.2. Prior to the first water or sewer connection to the public system for occupancy in Phase
A, the Owner, will conform with all appropriate Frederick Water regulations at time of
site plan to address concerns regarding the inundation of three existing sanitary sewer
manholes (#84, 84A, 85). The subject manholes are located south of Millwood Pike,
adjacent to an existing pond within the project limits. The pond is located south of
Millwood Pike, west of the proposed Coverstone entrance.
6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION
6.1. The Owner shall conduct, or cause to be conducted, a Phase I Archaeological
Investigation of the Property prior to the approval of the first final site plan for the
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Property and shall complete Phase II and III investigations thereof as may be
demonstrated to be necessary by the Phase I study.
7. ROAD EFFICIENCY BUFFER
7.1. The Owners shall provide an additional 50’ to the Road Efficiency Buffer for the
portion of the site within Phase A as depicted on the GDP.
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.
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