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Home My WebLink About02-24 PC Staff Report REZONING APPLICATION #02-24 WASHINGTON COMMONS Staff Report for the Planning Commission Prepared: March 12, 2024 Staff Contacts: John A. Bishop, AICP, Assistant Planning Director Reviewed Action Planning Commission 03/20/24 Pending Board of Supervisors: 04/24/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/20/24 PLANNING COMMISSION MEETING: This is a request to rezone approximately +/-1.01-acres of a +/-11.605-acre parcel from the RP (Residential Performance) District to the B2 (General Business) District with proffers, the remaining +/-10.595-acres of the +/-11.605-acre parcel from B2 (General Business)/M1 (Light Industrial) to B2 (General Business)/M1 (Light Industrial) Districts with proffers, approximately +/-1.03-acres of a +/-24.63-acre parcel from the B2 (General Business) District to the RP (Residential Performance) District with proffers, and the remaining +/-23.60-acres of the +/-24.63-acre parcel from RP (Residential Performance to RP (Residential Performance) District with proffers. The applicant is requesting to rezoning +/-1.01-acres from RP to B2 and +/-1.03-acres from B2 to RP, reshuffling some of the existing by right development. This will create better access to the B2 parcels than currently exists under the ordinance, by allowing access to the Gateway Drive and Route 7 intersection. The most substantive element of this application is the proffered construction of the comprehensive planned four (4) lane major collector from the Gateway Drive and Route 7 intersection to their southern property line. Additionally, the applicant has proffered the value of the Capital Impact Model ($9,912.00 per unit) on the newly rezoned residential acreage and $.10 per square foot fire and rescue proffer for construction within the newly rezoned B2 area. In the detailed report below, staff have also noted the need to improve the language on the proffer for Cole Lane improvements. Following a public hearing, 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. Rezoning #02-24 Washington Commons March 12, 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 +/- 1.01-acres of a +/-11.605-acre parcel from the RP (Residential Performance) District to the B2 (General Business) District with proffers, the remaining +/-10.595-acres of the +/-11.605-acre parcel from B2 (General Business)/M1 (Light Industrial) to B2 (General Business)/M1 (Light Industrial) Districts with proffers, approximately +/-1.03-acres of a +/- 24.63-acre parcel from the B2 (General Business) District to the RP (Residential Performance) District with proffers, and the remaining +/-23.60-acres of the +/-24.63-acre parcel from RP (Residential Performance to RP (Residential Performance) District with proffers. LOCATION: The subject property is located on the southern side of the intersection of Gateway Drive and Route 7. MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBERS: 54-5-10 & 54-A-111 PROPERTY ZONING: RP (Residential Performance) B2 (General Business) & M1 (Light Industrial) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Retail South: RA (Rural Areas) District Use: Residential East: RP (Residential Performance) District Use: Residential and Self-Storage and M1 (Light Industrial) District West: B2 (General Business) District and Use: Residential and Vacant RP (Residential Performance) District REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned B-1 (Neighborhood Business) and M-1 (Light Industrial) Districts. The majority of these parcels were zoned to RP (Residential Performance) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. 2) Comprehensive Plan 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 Rezoning #02-24 Washington Commons March 12, 2024 Page 3 community life. The Plan is developed with the input of the public and adopted by the Board of Supervisors (last updated November 2021). In essence, the Comprehensive Plan is a composition of policies used to guide the future physical development of Frederick County in support of the Board’s adopted Vision and Core Values as outlined in the plan. The Area Plans in Appendix I of the Comprehensive Plan offer more detailed implementation guidance in the planning areas of the County. Land Use Compatibility The Senseny/Eastern Frederick Urban Area Plan designates a mix of B2/B3 and Mixed Use for the parcels the applicant is seeking action on. Based upon the location of the parcels in this application, the Senseny/Eastern Frederick Urban Area Plan states the following: “These areas of land use are located at highly visible locations on prominent interstate interchanges, and along the primary arterial roads that feed into the Interstate. They shall be designed specifically to accommodate and promote highway commercial land uses. Particular effort must be made to ensure that access management for the supporting transportation network is a key priority, as the function of the interstate and primary road network is of paramount importance. The site layout and building design should recognize the nature of the region and land plans should not focus on the minor use, but the Rezoning #02-24 Washington Commons March 12, 2024 Page 4 comprehensive macro use.” The proposal implements the Comprehensive Plan policies for land use as outlined in the Senseny/Eastern Frederick Urban Area Plan. 3) Site Access and Transportation These parcels are impacted by the Eastern Road Plan identified need for a major collector roadway to connect Valley Mill Road and Route 7, thus enabling the diversion of significant traffic that currently enters Route 7 at Exit 315 to a point further east and improving access management and safety at the interchange. The applicant’s proffer package, with some needed modifications noted below, meets the transportation needs identified in the Eastern Road Plan element of the Comprehensive Plan. 4) Potential Impacts & Proffers The applicant’s proffer statement, dated February 20, 2024, makes accommodations for a number of key items as follows: • Construction, in two phases of the major collector road extension from the Gateway Drive intersection with Route 7 to their southern property line. • Right in right out access on Route 7 to the east of the Gateway Drive intersection. • Upgrades to Route 7 turn lanes at Gateway Drive • Improvements to the intersection of Regency Lakes Drive and Route 7 to assure that traffic exiting their property via Cole Lane cannot cut over to the left turn lane, thus creating a dangerous weave condition. • Addition of a proffer of $.10 per non-residential building square foot within the area being rezoned to B2. • Addition of a proffer of $9,912.00 (staff note: amount was generated by the County Capital Impact Model) per unit for any residential unit constructed within the area to be newly zoned RP. Staff would offer the following recommendations regarding proffers: • That the applicant consider rewording the Cole Lane proffer (Proffer B. 1. d) to allow greater flexibility to work with the County and VDOT on the correct solution to prevent the movements that would be of concern. Other Review Agency Comments (original comments included in agenda packet): Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) December 19, 2023 Partially addressed. Frederick County (FC) Attorney February 12, 2023 Addressed. Frederick-County Schools July 12, 2023 Partially addressed. Rezoning #02-24 Washington Commons March 12, 2024 Page 5 FC Public Works October 13, 2022 No comment until site plan/subdivision. FC Fire Marshal September 23, 2022 Approved without comments. Frederick Water October 3, 2022 No comment on rezoning. Following a public hearing, 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.