HomeMy WebLinkAbout01-21 PC Staff Report - March REZONING APPLICATION #01-21
ONE LOGISTICS PARK WINCHESTER
Staff Report for the Planning Commission
Prepared: March 8, 2021
Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director
John A. Bishop, AICP, Assistant Director - Transportation
Reviewed Action
Planning Commission: 03/17/21 Pending
Board of Supervisors: 04/14/21 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 03/17/21 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 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. 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 eliminates the residential units previously approved.
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 recognized
however, that the requested M1 is consistent with the land use plan that was in effect prior to the
Governors Hill rezoning in 2005, which depicted a future industrial designation. The Comprehensive
Plan, when later updated, reflected the land use associated with the 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 to 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.
The 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 February 9, 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
meet the intent of the proffers and receive Director of Planning and VDOT approval at
site plan or road plan.
2.2. The Owner shall design, and construct Coverstone Drive as a half section of an urban
four-lane divided collector road with turn lanes as warranted within an approximate 102'
right-of-way utilizing the following phasing schedule:
Staff Note: Please clarify dedication of the roadway facilities. For example, this is
done in proffer 15.8 of rezoning #03-14 which currently applies to the
property.
PHASE 1: Phase 1 shall consist of the full four-lane divided urban collector road
section, including a ten-foot shared-use asphalt trail, from Millwood
Pike to the south boundary for Land Bay 3, as depicted on the GDP.
Said roadway shall be bonded and constructed to a minimum base
asphalt prior to issuance of a certificate of occupancy for any
commercial building within Land Bay 3. 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
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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 Land Bay 3 to the Pendleton Drive intersection
as depicted on the GDP, including a shared-use asphalt trail to the east
of the roadway. Said roadway improvements shall be completed prior to
issuance of a certificate of occupancy for any use on Land Bays 5
through 8. This two-lane 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.
Said roadway improvements shall be completed prior to issuance of a
certificate of occupancy for any use on Land Bays 1 or 2. This two-lane
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.
2.3. The Owner shall construct Coverstone Drive as an ultimate full urban four-lane section,
as provided in Proffer 2.2, from Millwood Pike to the eastern terminus of Coverstone
Drive if projected vehicle per day (VPD) traffic on Coverstone Drive exceeds 10,000
VPD, south of Land Bay 3.
Staff Note: As currently drafted, this proffer does not capture the intent to improve
the 2 lane sections built in PHASE 2 and Phase 3 to a full four lane
section should the projected vehicle trips per day on Coverstone Drive
south of Land Bay 3 exceed 10,000; rewording this proffer is suggested.
Proffer 2.3 refers to proffer 2.2 regarding the construction of Coverstone
Drive. Proffer 2.3 outlines the construction of Coverstone as a four-lane
road, where proffer 2.2 refers to a half section. This creates confusion
regarding the intent to improve Coverstone to four lanes subject to the
10,000 vehicle trips per day noted.
The termini referenced in proffer 2.3 is from Millwood Pike to the
eastern terminus of Coverstone Drive though Millwood Pike; this is the
eastern terminus of Coverstone Drive. The proffer should state that the
improvements apply to upgrades of the Phase 1 and Phase 2
improvements.
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2.4. The Owner 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 a maximum 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.
Staff Note: Staff would suggest the use of the term approximate as opposed to
maximum right of way width to allow for the construction of items such
as turn lanes which may be needed. While 60’ is likely sufficient, more
flexibility is preferable to allow for unforeseen issues that could arise at
the design stage.
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 TM 64-A-83B. The Owner
shall maintain an access easement for said driveway until such time as the property
changes land use. If 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. 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 aforementioned plans 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 coincident with the Coverstone Drive construction described
in 2.2, Phase 1, including:
a) Eastbound Millwood Pike right turn lane to Coverstone Drive
b) Westbound Millwood Pike dual left turns to Coverstone Drive
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 with
construction of Phases 1-3 in 2.2 and with site square footage in excess
of 1,491,600 sf including:
a) Northbound Prince Frederick Drive left to Costello Drive
b) Signalization, if deemed warranted by VDOT and subject to
VDOT approval, will occur once Proffer 2.2 Coverstone
Drive Phase 2 and Phase 3 improvements have been
completed and accepted into the State highway system.
Staff Note: For proffer 2.6.2b Staff would suggest a signalization agreement for the
intersection of Costello Drive/Prince Frederick Drive prior to issuance of
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certificates of occupancy for buildings on Land Bay 1 and Land Bay 2 to
offer the County proper surety for this improvement.
2.6.3: Northern improvements shall consist of improvements at the intersection of
Millwood Pike and Prince Frederick Drive including:
a) Construct 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 with the construction of Phases
1-3 in 2.2 and with site square footage in excess of 1,491,600 sf.
2.7. The Owner’s obligations to complete the off-site transportation improvements described
in 2.2 and 2.6 and under the terms described in 2.2 and 2.6 shall also not vest until the
County has obtained any off-site right of way needed for completion of the obligations.
Staff Note: Proffer 2.7 would require the County to obtain off-site easements to
facilitate the Applicant’s construction of improvements identified in
proffers 2.2 and 2.6. If right-of-way is not available this 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. Any right
of way acquisition and associated costs that may be necessary to allow for
the construction of these improvements should be the responsibility of the
Applicant. It would be appropriate for the Applicant to analyze the
identified improvements compared to available right of way.
It should be noted that the approved proffers for this development provide
for a monetary contribution equivalent to the cost of the improvement
should the right-of-way not be obtained.
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.
2.9. In the event any proffered off-site road improvements are constructed by others, the
Owner shall contribute to Frederick County an amount equivalent to the verified actual
cost of the proffered improvement, as substantiated by paid invoices. Such contribution
shall coincide with the non-residential use threshold that triggers the off-site road
improvements as identified in Proffer 2.6. The warrant study justifying the
improvements should accompany the request for reimbursement.
3. PEDESTRIAN TRAIL SYSTEM
3.1. The Owner 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,
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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. Contributions of $100 per 1000 square feet of commercial and/or industrial building area
will be paid to the County at certificate 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
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 owner shall provide an addition 50’ to the Road Efficiency Buffer for the portion of
the site within Phase A as depicted on the GDP. The total width of said buffer will be
150’ containing an inactive full screen buffer.
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 Pending
Board of Supervisors: 04/14/21 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 letter from Roderick B. Williams, County
Attorney dated October 21, 2020.
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; these designations are consistent
with the current zoning. The requested M1 (Light Industrial) District is generally inconsistent
with the Comprehensive Plan.
It should be recognized that the requested M1 is consistent with the land use plan that was in
effect prior to the Governors Hill rezoning in 2005, which depicted a future industrial
designation. The Comprehensive Plan, when later updated in 2007, reflected the land use
associated with the current zoning.
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.
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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
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.
Staff would also reiterate concerns with the proffer statement that were previously identified on
pages 2-6 of this report:
1. Proffer 2.3:
• As currently drafted, this proffer does not capture the intent to improve the 2
lane sections built in Phase 2 and Phase 3 to a full four lane section should the
projected vehicle trips per day on Coverstone Drive south of Land Bay 3 exceed
10,000; rewording this proffer is suggested.
• Proffer 2.3 refers to proffer 2.2 regarding the construction of Coverstone Drive.
Proffer 2.3 outlines the construction of Coverstone as a four-lane road, where
proffer 2.2 refers to a half section. This creates confusion regarding the intent to
improve Coverstone to four lanes subject to the 10,000 vehicle trips per day
noted.
• The termini referenced in proffer 2.3 is from Millwood Pike to the eastern
terminus of Coverstone Drive though Millwood Pike; this is the eastern
terminus of Coverstone Drive. The proffer should state that the improvements
apply to upgrades of the Phase 1 and Phase 2 improvements.
2. 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
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occupancy on land bays 1 or 2, however there are a number of ways this could be
addressed to better protect the County.
3. Proffer 2.7 obligates the Board of Supervisors to potentially procure right of way on
behalf of the applicant for offsite improvements without compensation. Additionally, it
creates the potential for the site to develop without mitigating the transportation impacts
addressed by the offsite road improvements outlined in the proffers.
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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