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HomeMy WebLinkAbout06-19 BOS Staff Report - January 22, 2020REZONING APPLICATION #06-19 WINCHESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors Prepared: January 16, 2020 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Pending PROPOSAL: 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. Minor text revisions are also proposed to reflect the updated constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/22/20 BOARD OF SUPERVISORS MEETING: This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) 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. This feature was removed, and the internal road system has already been constructed – therefore this proffer is unnecessary. The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. Staff is supportive of this request for a minor proffer modification to the GDP and text. The Planning Commission did not id entify any concerns with the request and recommended approval of the application at their December 18, 2019 meeting. The Board of Supervisors held a public meeting for this item on January 8, 2020. The Board postponed action on 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. Staff Update: Since the Board of Supervisors January 8, 2020 meeting, the Applicant has submitted a revised GDP that removes all references to an access to the adjacent property for access to Botanical Boulevard. 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. January 16, 2020 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: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors 01/22/20 Pending PROPOSAL: 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. Minor text revisions are also proposed to reflect the updated constructed internal street network within the development. 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. January 16, 2020 Page 3 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. January 16, 2020 Page 4 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 Blvd. 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. Following the public meeting, a decision regarding this rezoning application by the Board of Supervisors would be appropria te. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.