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Home My WebLink About05-23 PC Staff Report REZONING APPLICATION #05-23 ROUND HILL CROSSING PHASE 2 (WINCHESTER WAREHOUSING INC. & SILVER LAKE, LLC.) Staff Report for the Planning Commission Prepared: December 11, 2023 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission 01/03/24 Pending Board of Supervisors: 01/24/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/03/24 PLANNING COMMISSION MEETING: This is a request for a minor amendment to the approved proffer statement associated with rezoning (REZ) application #03-03 (WWW, LC) to modify the number of allowed commercial entrance connections to U.S. Route 50 West. The amendment would enable one (1) additional right-in only entrance for a total of up to four (4) entrances for the development. All other previously approved proffers would remain in effect (unchanged). The proposed minor proffer amendment is in general conformance with Comprehensive Plan policies. There are no outstanding agency comments, and the proffer statement (dated November 20, 2023) is in a form acceptable to the County Attorney. This is an action item not requiring a public hearing. Following a public meeting, a recommendation from the Planning Commission 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. 164 Rezoning #05-23 Round Hill Crossing, Phase 2 (Winchester Warehousing Inc. & Silver Lake, LLC.) December 11, 2023 Page 2 This report has been prepared by the Frederick County Planning Staff to provide information to 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. PROPOSAL: This is a request for a minor amendment to the approved proffer statement associated with rezoning (REZ) application #03-03 (WWW, LC) to modify the number of allowed commercial entrance connections to U.S. Route 50 West. The amendment would enable one (1) additional right-in only entrance, for a total of up to four (4) entrances for the development. LOCATION: The subject property, +/- 28.17-acres, is located northwest of the intersection of Retail Boulevard and Northwestern Pike (U.S. Route 50 West). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-B PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant South: B3 (Industrial Transition) & B2 (General Business) Use: Storage Yard (VDOT) & Vacant East: B2 (General Business) Use: Commercial (Round Hill Crossin) West: B2 (General Business) Use: Vacant REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The 28.17-acre subject property was previously rezoned through the rezoning (REZ) application #03-03 (WWW, LC) and subsequently amended through REZ #08-16 (WWW, LC – proffer amendment) which developed as the Round Hill Crossing shopping center. The original proffer statement limited the number of commercial entrances from Route 50 West (Northwestern Pike) to three (3) points of access. 2) Comprehensive Plan & Land Use Compatibility 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 Plan is developed with the input of the public and adopted by the Board of Supervisors (last updated in November 2021). The Plan is a vital tool that provides direction for future growth, aimed at ensuring orderly, well-planned development to promote, preserve and protect the health, safety, general welfare, and quality of life for the citizens and businesses of Frederick County. The Area Plans in Appendix I of the Comprehensive Plan are the primary implementation tools and are 165 Rezoning #05-23 Round Hill Crossing, Phase 2 (Winchester Warehousing Inc. & Silver Lake, LLC.) December 11, 2023 Page 3 instrumental to the future planning efforts of the County. The Plan and Round Hill Area Plan (approved 2007) identifies the subject property with a “business” land use designation, reflective of the current zoning (B2) and as being within the limits of the Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA). The proposed rezoning does not propose a change in the use of the property and the minor proffer amendment is in conformance with the Plan. 3) Site Access and Transportation The approved proffer statement for the subject property limits the number of commercial entrances from Route 50 West (Northwestern Pike) to three (3) points of access. Two (2) of these points-of-access already exist (Retail Boulevard & a right-in from Route 50 between Echo Lane and Retail Boulevard). A third commercial entrance, which would serve the subject property, was approved on the subject property to align with the existing crossover between eastbound and westbound Route 50. The proposed rezoning modifies the previously approved proffer statement to allow for one (1) additional right-in only commercial entrance on the 28.17-acre subject property. The included “Generalized Development Plan” (GDP) depicts the approximate location of this additional right-in commercial entrance, approximately 248-feet west of the existing signalized intersection Retail Boulevard and Route 50. The Eastern Road Plan, a component of the Comprehensive Plan, identifies Route 50 as a “primary highway.” When considering proposals along arterial roadway, new commercial entrances should be limited to “preserve corridor rights-of-way” and that “new movements do not degrade the transportation system, increase delays, or reduce service levels” (Chapter 5 – Transportation). A Traffic Impact Analysis (TIA) report (May 2023) included with the rezoning application materials notes that the proposed right-in (and exclusive right-turn lane) proposed would “accommodate the traffic flow efficiently” (TIA page 38). The proposed proffer is in general conformance with plan transportation policies. 4) Potential Impacts & Proffers The previously approved proffers (REZ #03-03) remain unchanged. This is a minor proffer amendment limited only to a modification to allow for one (1) additional right-in commercial entrance. There are no changes to the zoning, use, or density enabled with the previously approved rezoning. Other Review Agency Comments: Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) November 16, 2023 Comments resolved. Frederick County (FC) Attorney November 8, 2023 Acceptable form. Following a public meeting, a recommendation from the Planning Commission 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. 166