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HomeMy WebLinkAbout06-19 BOS Staff Report - December 2020REZONING APPLICATION #06-19 WINCHESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors Prepared: December 1, 2020 Staff Contact: Candice Perkins, AICP, Assistant Director Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/11/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 11/12/20 Postponed Board of Supervisors: 12/09/20 Pending PROPOSAL: This is a proposed proffer amendment for revisions to the approved Generalized Development Plan (GDP) and text associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. The Owner did not incorporate the proffered roundabout in their design and therefore internal road system was constructed without this feature. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 11/12/20 BOARD OF SUPERVISORS MEETING: At the Board of Supervisors meeting on March 11, 2020, Rezoning #06-19 was denied. The Board of Supervisors then rescinded this denial on April 8, 2020 to enable the application to be reconsidered at a future meeting. Following the April 8, 2020 meeting, the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration – the rezoning was then postponed in September and November of 2020. On November 12, 2020, the Applicant submitted revised a proffer and GDP dated November 11, 2020. The revised proffer and GDP incorporate the following text: 8. The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. -Such easement shall be in a location directly across from Marriott Drive. -Such easement shall have a maximum width of fifty feet (50’). Should the owner(s) of the properties west of Botanical Blvd. require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. -Such easement shall have proper consideration. The Owner and the owners of the adjoining properties are currently in discussions concerning consideration to be given in exchange for the Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 1, 2020 Page 2 aforementioned easement conveyance. -It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. -It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14, 000 TPD limit currently placed on the subject property. Staff would note that portions of this proffer are not enforceable by Frederick County (see the bold text above). The language that relates to “proper consideration” and “discussions concerning consideration” would only concern private negotiations and agreements between the Winchester Medical Center and the properties west of Botanical Blvd. Application History: • The Planning Commission recommended approval of the application at their December 18, 2019 meeting. • The Board of Supervisors discussed this item on January 8, 2020. At this meeting, questions arose about Botanical Boulevard and access by adjoining properties that were shown on the approved MDP for this development. The Board postponed action on the amendment until the January 22, 2020 meeting to allow the Applicant to provide clarification on access to Botanical Boulevard by adjoining properties. o Following the January 8th meeting, the Applicant removed all references on the GDP for access for the adjacent property to Botanical Boulevard. • The Board of Supervisors at their January 22nd meeting postponed the application to the February 26th meeting. • The Board of Supervisors at their February 26th meeting postponed the application to the March 11th meeting. • The Board of Supervisors denied the rezoning at the March 11, 2020 meeting. • The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. • Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration. o The text of the proffers dated April 17, 2020 remains fundamentally unchanged from the original application the Board of Supervisors postponed on January 8, 2020. The April proffer statement (see proffer 8) and the proffered GPD (dated October 19, 2019, revised April 9, 2020) both contain the following text “Entrance to Botanical Blvd – Entrance to residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysis and proffers for these areas are approved by VDOT and Frederick County”. The revised April proffer only adds back the original notes. o The properties referenced in this note are no longer residential use areas as they were rezoned with Rezoning #08-08 (Botanical Square), an impact analysis and proffer were created which were approved by both VDOT and Frederick County. It is unclear why the note remains unchanged as these items listed have already been completed. • On November 12, 2020, the Applicant submitted revised proffers with a final signature date of Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 1, 2020 Page 3 November 11, 2020. • The Board of Supervisors at their September 23, 2020 and November 12, 2020 meetings postponed the application. Following the public meeting, a decision rezoning 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 #06-19 WINCHESTER MEDICAL CENTER, INC. December 1, 2020 Page 4 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: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/11/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 11/12/20 Postponed Board of Supervisors: 12/09/20 Pending PROPOSAL: This is a proposed proffer amendment for revisions to the approved Generalized Development Plan (GDP) and text associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. The Owner did not incorporate the proffered roundabout in their design and therefore internal road system was constructed without this feature. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential B2 (General Business) Vacant Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 1, 2020 Page 5 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus-Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated-access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the proffers as follows: “The Applicant shall design and construct all roads on the subject property consistent with the County’s adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board’s “Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange” approval dated December 17, 2009, and according to uniform standards…” We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. Staff Note: Per VDOT’s comment, the Applicant has referenced the Commonwealth Transportation Board’s “Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange” approval dated December 17, 2009 in the updated proffer statement. County of Frederick Attorney: Proffer appears acceptable. Planning & Zoning: 1) Site History The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business) District and the MS (Medical Support) District with the approval of Rezoning #02- 03. 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. 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. Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 1, 2020 Page 6 Land Use The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning #06-19 for Winchester Medical Center. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/08/20 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. The Board of Supervisors requested clarification on the changes to the internal streets and clarification that trips from any adjacent properties would not count toward the 14,000-trip cap on the subject property. Staff provided an overview that the original plan did not show the Route 37 access and the updated GDP shows that along with the removal of the roundabout. The Board also requested clarification on the access from Botanical Boulevard to the adjacent properties and whether it is planned to be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/22/20 MEETING: Postponed to the February 26, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 02/26/20 MEETING: Postponed to the March 11, 2020 Board of Supervisors meeting. Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 1, 2020 Page 7 BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 03/11/20 MEETING: The Board of Supervisors denied the rezoning application at the March 11, 2020 meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 04/08/20 MEETING: The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 09/23/20 MEETING: Postponed to the November 12, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 11/12/20 MEETING: Postponed to the December 9, 2020 Board of Supervisors meeting. Following the public meeting, 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.