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06-23 BOS Staff Report REZONING APPLICATION #06-23 WINCHESTER GATEWAY, LLC Staff Report for the Board of Supervisors Prepared: March 27, 2024 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission 01/03/24 Tabled for 60-days (Public Hearing) Planning Commission 02/21/24 Work Session Planning Commission 03/06/24 Recommended Approval Board of Supervisors 04/10/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/10/24 BOARD OF SUPERVISORS MEETING: This is a request to rezone approximately +/- 34.26-acres of a +/-71.85-acre parcel from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The proposed rezoning would generally implement uses typically associated with an “industrial” land use designation in the Comprehensive Plan. The Planning Commission recommended approval by a vote of 7-4-1 (Commissioners Brumback, McKay, Thomas, & Kozel – No; Commissioner Molden – Absent). Since the Planning Commission action on March 6th, the applicant has made two (2) changes to the proffer statement (revised March 27, 2024): • Revision to Proffer 2.1 to include pedestrian accommodations in the frontage improvements along Apple Valley Road; and • Addition of Proffer 2.2. to restrict trucks exiting the site to only eastbound movements through a combination of signage and physical improvements to the site entrances. The proffer statement, revised March 27, 2024, is in legal form acceptable to the County Attorney. 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 #06-23 Winchester Gateway, LLC March 27, 2024 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 to rezone approximately +/- 34.26- acres of a 71.85+/- acre parcel from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. Staff would note the proposed proffer statement would replace the proffers approved with REZ #01-15 (Blackburn Commerce Center) for the existing M1 portion of the property. LOCATION: The subject property is located at the intersection of Apple Valley Road and Middle Road and is bounded by Route 37 to the west. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63-A-80I PROPERTY ZONING: RA (Rural Areas) & M1 (Light Industrial) PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Church/Residential/Agricultural South: M1 (Light Industrial) Use: Warehouse/Distribution East: RP (Residential Performance) Use: Residential (single-family detached) West: Route 37/RA Use: Roadway/Agricultural REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The subject property was previously rezoned through rezoning (REZ) application #01-15 (Blackburn Commerce Center). A +/-34.26-acre portion of the tract included in the Blackburn rezoning was left split zoned RA (Rural Areas) and M1 (Light Industrial) Districts. At the time of the rezoning, the RA zoned portion of the subject property was intended to remain undisturbed along Apple Valley Road given the presence of wetlands on the site and to serve as a buffer between existing residential uses and Kernstown Battlefield to the east and future industrial uses to the west. Access to the existing M1 zoned portion of the site was intended through inter-parcel access with the Blackburn Commerce Center. 2) Comprehensive Plan Land Use Compatibility The Comprehensive Plan and the Kernstown Area Plan (adopted 2017) provide guidance on the future development of the subject property. The Plan identifies the subject properties with an “industrial” land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA)(see Land Use Plan map on next page). Further, the Kernstown Area Plan Rezoning #06-23 Winchester Gateway, LLC March 27, 2024 Page 3 identifies the subject property within the “Shady Elm Economic Development Area.” As described in the plan: “The Shady Elm Economic Development Area is designed to be a significant area of commercial/industrial (C/I) opportunity that is fully supportive of the Frederick County Economic Development Authority’s targeted goals and strategies. The intent of the industrial designation is to further enhance the County’s C/I areas and to provide focus to the County’s future regional employment centers. In specific areas a mix of flexible uses, with office uses in prominent locations, is encouraged. Such areas are supported by substantial areas of C/I opportunity and provide for areas that are well designed with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image.” The proposed rezoning generally implements uses typically associated with an “industrial” land use designation in the Comprehensive Plan. The revised proffer statement (March 27, 2024) also seeks to address area plan policies specific to the “Shady Elm Economic Development Area” including requiring the use of high-quality building materials, including stone, wood, brick, architectural concrete masonry, precast panels, exterior insulation and finish systems (EFIS), or architectural grade and quality metal panels (Proffer 1.5). Rezoning #06-23 Winchester Gateway, LLC March 27, 2024 Page 4 3) Site Access and Transportation Apple Valley Road (Route 651/652) is identified in the Comprehensive Plan/Eastern Road Plan as an “improved minor collector” roadway (a future four (4) lane segment). The Kernstown Area Plan states that the plan goal is “an acceptable level of service on area roads and overall transportation network, level of service C or better. The rezoning application proposal limits the number of commercial entrances on Apple Valley Road to two (2) and requires construction of road improvement along the property frontage from Middle Road to the southern property line consistent with the existing three (3) lane segment to the east of the property in front of the existing Blackburn Commerce Center (two travel lanes plus a center turn lane and pedestrian accommodations). The applicant has also committed to restrict trucks exiting the site to only eastbound movements through a combination of signage and physical improvements to the site entrances (Proffer 2.2). This would prohibit trucks from exiting the site towards Middle Road. The revised proffer statement and GDP generally implements Comprehensive Plan and Eastern Road Plan policies for the future condition of Apple Valley Road as an improvement minor collector roadway. Off-site impacts identified in the traffic study at the intersection with Shady Elm Road and Route 11, including vehicle stacking at the signals, have not been fully addressed. 4) Proffers Statement & Impact Mitigation The proffer statement, revised March 27, 2024, proposes the following (staff comments also provided): Site Development • Substantial conformance with the referenced Generalized Development Plan dated March 14, 2024 (Proffer 1.1). Rezoning #06-23 Winchester Gateway, LLC March 27, 2024 Page 5 • All buildings within 500-feet (FT) of Apple Valley Road should not have loading docks facing the road (Proffer 1.2). • Provide additional screening measures along the property frontage with Apple Valley Road including a 6-FT tall berm with 6-FT evergreen trees plus a 10-FT wide landscape strip between the berm and road that includes a mix of deciduous trees, evergreen trees, and shrubs (Proffer 1.3). • Restrict the height of all buildings and ancillary structures within 1,000-FT of Apple Valley Road to 60-FT in height. Roof top mechanical equipment would not be subject to the height restriction (Proffer 1.4). Staff Comment on Proffer 1.4: If the purpose of the height restriction is to protect the viewshed from the battlefield and better address Historic Resource Advisory Board (HRAB) comments, allowing structures to potentially exceed the 60-FT height restriction outside of 1,000-FT from the road does not appear to meet the full intent of limiting building height. • Requirement for high quality building materials, including stone, wood, brick, architectural concrete masonry, precast panels, exterior insulation and finish systems (EFIS), or architectural grade and quality metal panels (Proffer 1.5). Staff Comment on Proffer 1.5. If the intent of the proffer is to provide a “high quality architectural standard” listing all likely building materials does not achieve that end. “Quality metal panels” is not defined or specific enough to be meaningful. The applicant should consider limiting the exterior treatment to wood, brick, stone, glass, and architectural concrete masonry. • Restrict site lighting to 25-FT in height within 400-FT of Apple Valley Road (Proffer 1.6). • Restrict noise levels from on-site activities to no more than 60 dBA at the property boundary with Apple Valley Road (Proffer 1.7), and apply noise attenuation measures including low noise fans, compressor and oil separator acoustic wraps, and acoustically rates louver walls (Proffer 1.8). Staff Comment on Proffer 1.7 & 1.8: The Zoning Ordinance specifies “in the M1 Light Industrial or M2 Industrial General Zoning District, sound levels at the perimeter boundary of a development shall not exceed 75 dBA (A scale).” As proposed, the allowed noise levels for the site would be 15 dBA less than the Zoning Ordinance standard. However, staff would note that the enforceability of requirements that specify a dBA limit at the property line has been difficult in the past. • Prohibit outdoor processing activities on the property (Proffer 1.9). Transportation • Construct of no more than two (2) full movement entrances on to Apple Valley Road and to construct road improvement along the property frontage from Middle Road to the limits of the property consistent with the existing three (3) lane segment to the east of the property (two travel lanes plus a center turn lane and pedestrian accommodations) (Proffer 2.1). Rezoning #06-23 Winchester Gateway, LLC March 27, 2024 Page 6 Staff Comment on Proffer 2.1: The proffer statement does not include a future right-of-way (ROW) reservation for the full four (4) lane section of Apple Valley Road. • Restrict trucks exiting the site to only eastbound movements through a combination of signage and physical improvements to the site entrances (Proffer 2.2). Limited Uses • Prohibit regional criminal justice, enforcement, and detention facilities from the allowed uses (Proffer 3.1). Staff comment on Proffer 3.1: The applicant has proposed several enhanced performance standards that exceed zoning ordinance requirements to mitigate potential impacts. However, the site may develop with any of the other allowed uses in the M1 Zoning District, some of which could have a negative impact (noise, odor, glare vibrations) beyond those identified in the Impact Analysis Statement on adjoining residential uses and historic resources. Only one (1) proffered use restriction has been proposed. Staff would note that the Board adopted a revision to the allowed uses table for the M1 District (November 2023) and expanded the allowed uses table for the M1 District to include Storage Batteries and Primary Battery Manufacturing, and Waste Management & Remediation Services limited to glass, cardboard, and plastics recycling and excluding incinerators. Fire and Rescue • Monetary contribution of $0.10 per square foot for any building constructed on the property (Proffer 4.1). Other Review Agency Comments: Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) October 13, 2023 December 5, 2023 Comments addressed. Frederick County (FC) Attorney March 19, 2024 Acceptable legal form. Frederick-Winchester Health Department (VDH) August 24, 2023 No objections. FC Public Works September 19, 2023 No comments. FC Fire Marshal September 9, 2023 No comments. FC Parks & Recreation September 8, 2023 No comments. Frederick Water August 29, 2023 Caution to be exercised during design and development due to existing water and sewer infrastructure along Apple Valley Road. Frederick County Public Schools (FCPS) September 15, 2023 No comments. City of Winchester October 11, 2023 No comments. Historic Resources Advisory Board (HRAB) September 20, 2023 Comments addressed Rezoning #06-23 Winchester Gateway, LLC March 27, 2024 Page 7 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/03/24 MEETING: The Planning Commission held a public hearing on January 3, 2024. The Planning Commissioners expressed several concerns with the proposed rezoning and directed the applicant to come back with a revised application. The applicant was to address: design and architectural standards for buildings, including specifying the type of building materials and limiting the height of all structures to 60-feet (FT); clarifying which M1 (Light Industrial) Zoning District uses would be allowed and proffering out uses that would have a detrimental impact on adjoining residential property; further analyzing traffic impacts on Apple Valley Road, Middle Road, and the intersections of Apple Valley Road/Route 11 and Apple Valley Road/Middle Road; extending the widening of Apple Valley Road along the length of the entire property frontage; inter-parcel access with the Blackburn Commerce Center; buffers and screening and providing a higher standard to protect neighboring residences; and reducing industrial noise created on-site. Two (2) members of the public spoke in opposition to the proposed application. The speakers expressed concerns with increased truck traffic west of the existing industrial area on Apple Valley Road, noise from potential new industrial uses, and stated the proposed buffer and existing vegetation was insufficient to screen the use from adjoining residences. The Planning Commission unanimously recommended the rezoning application be tabled for 60 days and that the applicant work to improve the application and address their stated concerns. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/24 WORK SESSION: The Planning Commission held a work session with staff and the applicant on the rezoning application on February 21, 2024, to discuss the comments and concerns from January 3rd public hearing and the applicant’s response to those issues identified. The primary discussion at the work session was how the applicant could better address stated concerns prior to the Planning Commission meeting on March 6th, specifically to address road improvements, use restrictions, performance standards for certain uses, and buffers and screening. PLANNING COMMISSION SUMMARY AND ACTION FROM THE MEETING OF 03/06/24: The Planning Commission again discussed this proposed rezoning on March 6, 2024. The primary topic of discussion was the revisions made to the proffer statement and generalized development plan (GDP) and if those changes addressed the previously identified Planning Commission concerns (use restrictions, transportation improvement, and performance standards to mitigate impacts). While the Planning Commission generally reached consensus on the proffered restrictions to address noise, building height, architectural design, buffers and screening, a few items remained unresolved. These topics included: a lack of use restrictions, off-site transportation impacts from additional truck trips to Route 11, and pedestrian accommodations being clearly included in the proffered road improvements. The Planning Commission recommended approval by a vote of 7-4-1 (Commissioners Brumback, McKay, Thomas, & Kozel – No; Commissioner Molden – Absent). 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.