HomeMy WebLinkAbout03-22 PC Staff Report
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REZONING 03-22 ONE LOGISTICS PARK L.P.
REZONING APPLICATION #03-22
ONE LOGISTICS PARK L.P.
Staff Report for the Board of Supervisors
Prepared: June 7, 2022
Staff Contacts: John A. Bishop, AICP, Assistant Director
Reviewed Action
Planning Commission: 06/15/22 Pending
Board of Supervisors: 07/13/22 Pending
PROPOSAL: To rezone 3.16+/- acres from the R4 (Residential Planned Community) District with
proffers to the M1 (Light Industrial) District with proffers.
LOCATION: The property is 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 06/15/2022
PLANNING COMMISSION MEETING;
The subject property is part of the original Carpers Valley/Governors Hill Rezoning which was
approved in 2005 (revised in 2009, 2013 and 2014). Rezoning #01-21 which rezoned the surrounding
277.16 acres to a mix of M1 (Light Industrial) and B2 (General Business) zoning with a total of 264.7
acres of M1 (Light Industrial) and 12.5 acres of B2 (General Business) . This action left the subject
parcel surrounded entirely by M1 zoned property. The applicant has since purchased the subject
property and is requesting that it be rezoned to M1 to match the surrounding property.
The site is located within the limits of the Senseny/Eastern Frederick Urban Area Plan of the
Comprehensive Plan. The Plan identifies this property 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 residential use of the subject parcel 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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Rezoning #01-21 has previously proffered to complete Coverstone Drive to Millwood Pike among a
number of other transportation proffers. This application seeks to apply the proffers from Rezoning
#01-21 verbatim and in their entirety to this parcel. This results in no additional developmental square
footage or trip generation beyond what was previously approved in Rezoning #01-21.
Following the required public hearing, 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: 06/15/22 Pending
Board of Supervisors: 07/13/22 Pending
PROPOSAL: To rezone 3.16+/- acres from the R4 (Residential Planned Community) District with
proffers to the M1 (Light Industrial) District with proffers.
LOCATION: The property is 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-83B
PROPERTY ZONING: R4 (Residential Planned Community) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M1 (Light Industrial) Use Vacant
South: M1 (Light Industrial) Use Vacant
East: M1 (Light Industrial)
Use Vacant
West: M1 (Light Industrial)
Use Vacant
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REVIEW EVALUATIONS:
Due to the fact that the applicant is applying the proffers of Rezoning #01-21 in their entirety to
the subject parcel, resulting in no changes to transportation or other infrastructure or additional
enabled square footage, staff has not required the applicant to seek additional agency comments.
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 Comprehensive Plan is the guide for the future growth of Frederick County.
The Comprehensive Plan is an official public document that serves as the Community's guide
for making decisions regarding development, preservation, public facilities, and other key
components of Community life. The primary goal of this plan is to protect and improve the
living environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County.
The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool
and will be instrumental to the future planning efforts of the County.
Land Use
The Comprehensive Plan and the Senseny/Eastern Frederick Urban Area Plan provide
guidance on the future development of this property. The site is located within the limits of the
Sewer and Water Service Area (SWSA). The Plan identifies this property 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
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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:
Due to the fact that this property proposes to adopt the proffers from Rezoning #01-21 for this
parcel in their entirety and that those proffers limit development to specific square footage
caps, there is no additional impact created by the rezoning of this parcel.
4) Proffers:
The proposed proffers associated with this rezoning application are as follows. As noted previously,
these proffers are identical to the proffers of Rezoning #01-21 for the surrounding properties.
Proffer Statement:
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
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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.
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
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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 sh all be completed
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
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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.
In furtherance of this commitment, a VDOT Traffic Signalization
Agreement, attached as Exhibit 1 hereto shall be executed and submitted
to VDOT prior to the first site plan approval. Pursuant to this VDOT
Traffic Signalization Agreement, the Owners shall prepare and submit a
traffic signalization warrant study to VDOT and Frederick County to
determine whether minimum sufficient warrants exist for installation of
traffic signalization at the intersection of Prince Frederick Drive and
Costello Drive prior to issuance of the first certificate of occupancy for
new construction that yields 1,600,000 square feet of new development on
the Property. If warranted, this installation will occur once Proffer 2.2
Coverstone Drive Phase 2 and Phase 3 improvements have been
completed.
In the event that this traffic signalization warrant study shows that
minimum sufficient warrants for installation of traffic signalization at the
intersection of Prince Frederick Drive and Costello Drive are not present
at that time, the Developer shall prepare and submit a second traffic
signalization warrant study to VDOT and Frederick County to determine
whether minimum sufficient warrants exist for installation of traffic
signalization at the intersection of Prince Frederick Drive and Costello
Drive prior to issuance of the first certificate of occupancy for new
construction that yields 2,000,000 square feet in new development on the
Property.
In the event this traffic signalization is still 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 once the VDOT Signalization
Agreement has expired and is nonrenewable. This cash contribution shall
be escalated per the Consumer Price Index (CPI-U) forward from the date
of rezoning approval.
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
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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 its acquisition of the off-site right-of-way and
necessary easements required for these improvements. The Owners shall seek to acquire
all off-site right-of-way and necessary easements by private means at fair market value.
In the event the Owners are not able 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. Thiscash
contribution shall coincide with the thresholds that triggers the off-site road improvement
as identified in Proffer 2.6.
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
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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.
Following the required public hearing, 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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