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HomeMy WebLinkAbout03-21 BOS Staff ReportREZONING APPLICATION #03-21 CRT Properties LLC Staff Report for the Board of Supervisors Prepared: June 30, 2021 Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/16/21 Recommended Approval Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. LOCATION: The subject properties are located at 194 Echo Lane and 118 Echo Lane, Winchester, in the Gainesboro Magisterial District. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/14/21 BOARD OF SUPERVISORS MEETING: This is a proposal to rezone five parcels of land from the RA and B2 Zoning Districts to the B2 District with proffers. Four of the subject parcels were rezoned to the B2 District with Rezoning #08-08 for Botanical Square; this proposal would rezone parcel 53-A-73 to the B2 District and bring all five parcels under one proffer statement. The site is located within the limits of the Round Hill Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies this property with a commercial land use designation; the properties are also within the limits of the Sewer and Water Service Area (SWSA). The requested B2 Zoning for parcel 53-A-73 and the current existing B2 zoning of parcels 53-A-74, 53-A-75, 53-A-76, and 53-A-77 are consistent with the goals of the Comprehensive Plan. The transportation and corridor enhancement proffers associated with this rezoning are also consistent with the Comprehensive Plan. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their June 16, 2021 meeting. The impacts associated with this requested rezoning appear to be addressed by the scope of the proffer statement; there appears to be no additional impacts that are anticipated to Frederick County or the surrounding properties. 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 #03-21 CRT Properties, LLC. June 30, 2021 Page 2 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: 06/16/21 Pending Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised proffers, totaling 4.84 acres. LOCATION: The subject properties are located at 194 Echo Lane and 118 Echo Lane, Winchester MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 53-A-73, 53-A-74, 53-A-75, 53-A-76, and 53-A-77 PROPERTY ZONING: RA (Rural Areas) and B2 (General Business) Districts PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant B2 (General Business) Commercial East: B2 (General Business) Use: Commercial West: B2 (General Business) Use: Commercial Rezoning #03-21 CRT Properties, LLC. June 30, 2021 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 50. This route is the VDOT roadway, which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the CRT Properties rezoning application dated August 25, 2020, address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off- site roadway improvements and drainage. Any work performed on the State’s right-of-way must be covered under a land use permit. Frederick-Winchester Health Department: This office has no objections to the zoning requested. The existing septic system & cistern must be properly abandoned/demolished per VDH guidelines prior to business Commercial development. Frederick -Winchester Service Authority: FWSA defer to Frederick Water. Frederick Water: Water and Sewer facilities are available in the vicinity of the site. The rezoning application is silent on projected water and sanitary sewer demands, so no comment is offered on water and sanitary sewer treatment and conveyance available capacities. The property owner/developer is responsible for extending water and sewer facilities to/onto the site. Frederick County Department of Public Works: A comprehensive review shall be performed at the time of site plan submission. Frederick County Fire Marshall: Plan approved. Frederick County Park & Recreation: Parks and Recreation recommends a sidewalk along the west side of Botanical Blvd. to connect development to the 10’ trail along Northwestern Pike (Route 50). Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned A-2 (Agriculture General). The County’s agricultural zoning districts were 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 properties to the RA District. Parcels 53- A-74, 53-A-75, 53-A-76, and 53-A-77 were rezoned from the RA District to the B2 (General Business) District with proffers with the approval of Rezoning #08-08 for Botanical Square. Rezoning #03-21 CRT Properties, LLC. June 30, 2021 Page 4 2) Comprehensive Plan Analysis 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 guide the future 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. Comprehensive Plan The Round Hill Land Use Plan of the 2035 Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a commercial land use designation; the properties are also within the limits of the Sewer and Water Service Area. The requested B2 zoning for parcel 53-A-73 and the existing B2 zoning of parcels 53-A-74, 53- A-75, 53-A-76, and 53-A-77 are consistent with the goals of the Comprehensive Plan. The Plan also outlines a number of design principles that are encouraged for the Route 50 Corridor. A 50’ landscaped buffer area with a 10’ trail is identified along Route 50, building placement closer to Route 50 and architectural standards are also encouraged. With this proposal, the owner has proffered to provide the landscaped buffer and 10’ asphalt trail along Route 50, proffers pertaining to architectural standards and parking limitations between buildings and Route 50 are also provided. The corridor enhancement components of this rezoning are consistent with the goals of the Comprehensive Plan. The transportation network of the Round Hill Land Use Plan encourages consolidated entrances, interparcel connections, and connections to Route 50 at signalized entrances. The subject rezoning prohibits direct access to Route 50; access will only be provided via Botanical Boulevard which has a signalized intersection with Route 50. The transportation component of this rezoning is consistent with the goals of the Comprehensive Plan. 3) Proffer Statement – Dated December 7, 2020: Generalized Development Plan The owner agrees to proffer the Generalized Development Plan (GDP) dated 12/07/20, identified as “CRT Properties, LLC Exhibit 1”, and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50’ landscaped buffer along Route 50, and transportation improvements. Please refer to the attached drawing named “GDP”. Rezoning #03-21 CRT Properties, LLC. June 30, 2021 Page 5 Route 50 Right of Way Improvements The owner will make the necessary road frontage improvements, as required by the Virginia Department of Transportation, to Route 50 in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. Improvements to Botanical Boulevard and Traffic Signalization The owner will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of the traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by VDOT and no signalization agreement is executed, the owner agrees to pay $150,000.00 for future transportation improvements within the Route 50 and Botanical Boulevard rights-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. Monetary Contributions to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. Route 50 Buffer The owner agrees to construct a ten (10) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of-way. The trail will be paved with an all-weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The trail will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted along with the first site plan for the site or any portion thereof. The trail and buffer will be completed prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. Rezoning #03-21 CRT Properties, LLC. June 30, 2021 Page 6 Building Design The proposed buildings shall be constructed using compatible architectural style and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal façade in addition to any façade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Location of Parking The owner agrees that the development of the site will include no more than one (1) row of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. Maximum Floor Area The owner agrees to limit the gross commercial floor area that will be built on the 4.9 acres to 36,000 square feet. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/16/21 MEETING: Staff provided an overview of the application to the Planning Commission. Mr. John Lewis of Painter- Lewis P.L.C., representing the Applicant came forward and provided a brief overview of the proposal. Mr. Lewis stated that when the Botanical Square rezoning was processed, there was one property still being utilized for residential purposes and at the time that owner did not want to be included in the rezoning. The subject property, Mr. Lewis stated, is no longer utilized for residential purposes and this proposal is seeking to include all parcels under one rezoning application. There were no public comments during the public hearing and the Planning Commission recommended approval of REZ #03-21 CRT Properties, LLC. (Note: Commissioner Kozel was absent from the meeting) Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.