HomeMy WebLinkAbout06-24 PC Staff Report REZONING #06-24
FRUIT HILL (EQUUS CAPITAL PARTNERS, LTD., DTS, LC
AND WILLIAM O. MINOR)
Staff Report for the Planning Commission
Prepared: August 26, 2024
Staff Contact: John A. Bishop, AICP, Assistant Planning Director
Executive Summary:
Meeting Schedule
Planning Commission: September 4, 2024 Action: Pending
Board of Supervisors: September 25, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 33-9-1A, 33-A-89 and 33-A-90
Address 384 Ruebuck Lane, 1420 Rest Church Road
and southwest corner of intersection of Rest
Church Road and Zachary Ann Lane.
Magisterial District Stonewall
Acreage +/- 220.06-acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Agricultural
Proposed Zoning M1 (Light Industrial) +/-189.08 Acres
B2 (General Business) +/- 10.34 Acres
TM (Technology-Manufacturing) +/-20.64
acres
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Agricultural/Residential
East: M1 (Light Industrial)/B3 (Industrial
Transition)
Land Use: Diesel sales/repair/truck stop
West: RA (Rural Areas) Land Use: Residential
Proposal
To rezone 220.06+/- acres which consist of 189.08+/- acres from RA (Rural Areas) District
to M1 (Light Industrial) District, 10.34+/- acres from RA (Rural Areas) District to
B2 (General Business) District, and 20.64+/- RA (Rural Areas) District to
TM (Technology-Manufacturing) District with proffers.
Positives Concerns
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1. Significant commercial/industrial
development in an area envisioned for
uses within that category.
2. Implementation of the County’s first
example of the revised TM Zoning
District.
3. Upgrades to Ruebuck Lane.
4. Implementation of Comprehensive
planned north south connector
roadway.
1. The predominant proposed use
(approximately 85%) is
warehousing/distribution, which is not
a true mix under the vision for Mixed
Used Industrial Office as designated in
the Northeast Land Use Plan.
Warehousing is not an EDA targeted
Industry.
2. The transportation proffers, while
significant, do not fully offset impacts.
Specifically, at the I-81 ramp due to
significant uncertainty of federal
timelines and requirements.
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Frederick County (FC)
County Attorney
October 23,
2022
Please see attached email from former
County Attorney Rod Williams.
Addressed
Virginia Department of
Transportation
(VDOT)
February 14,
2023
Please see attached Fruit Hill Property
TIA Review from VDOT dated
August 8, 2022, and February 14,
2023.
TIA
comments
addressed
FC Public Works June 6, 2022 No comments at this time.
Historic Resources
Advisory Board
July 25, 2022 Please see attached letter from Wyatt
Pearson, Director of Planning.
Addressed
FC Fire Marshal May 26,2022 “Any and all future development shall
comply with the Frederick County
Fire Prevention Code.”
Addressed
Frederick Water Frederick Water has reviewed the
proffers (“7. WATER and SEWER”)
which captures the developer’s
commitment to fund and construct the
necessary water and sewer
infrastructure to serve the site’s water
and sewer demands. The proffers also
commit to install SCADA at the
Woodbine and VDOT sanitary pump
stations and provide future easements
to facilitate water and sewer service in
the Cedar Hill and Hopewell Roads
area. Frederick Water supports the
proposed rezoning application with
the referenced proffer statement.
Addressed
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Virginia Department of
Health (VDH)
May 31, 2022 Public water and sewer connection
available. No comments.
Addressed
Planning & Zoning Staff Analysis:
Site History:
The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies the
majority of the subject property as being zoned A-2 (Agriculture General). The County’s
agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption
of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
zoning map resulted in the re-mapping of this portion of the subject property and all other A-1 and
A-2 rezoned land to the RA District.
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 community life. The primary goal of this plan is to protect and improve the living environment
within Frederick County. It is an essence of compositions of policies used to plan for the future
physical development of Frederick County.
The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool and
will be instrumental to the future planning efforts of the County.
Land Use
The Comprehensive Plan adopted on November 10, 2021, and more specifically the Northeast
Land Use Plan (NELUP) updated on September 27, 2023, designates the properties in question as
Mixed-Use Industrial\Office. The proposal is not fully in conformance with the Comprehensive
Plan as it does not meet the intent of the Mixed-Use Industrial\Office designation. The vast
majority of the proposal (85.9%) is proposed to be designated light industrial with an intended use
of warehousing (Not a Frederick County EDA targeted industry), thus not providing a true mixing
of uses, and in turn not meeting the stated intent of the zoning ordinance or Comprehensive Plan.
For further reference, the Comprehensive Plan includes other area plans that speak to this same
future land use category and provides clarity as it relates to targets and goals for properties with
this land use designation. These descriptions are in keeping with the intent of the land use
designation as outlined in the zoning ordinance.
Transportation and Site Access
The Comprehensive Planned Road network for this property includes a north/south collector road
as well as a connection to Zachary Anne Lane. The applicant has proffered a number of
transportation improvements detailed within the proffers below.
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Proffer Statement, Generalized Development Plan (GD)), & Impact Analysis:
The proffer statement, dated July 19, 2024, proposes the following:
Proffer
Staff Comment
1. DEVELOPMENT AND USE OF THE
PROPERTY
1.1.The subject Property shall be developed in
substantial conformance with the GDP
and shall be designed to establish
interconnected Land Bays in conformance
with the said GDP, and as is specifically
set forth in these Proffers. Upon
submission of final site or subdivision
plans, minor changes and adjustments
may be made to the road alignments,
entrances, parking, dimensions and
location of the SWM/BMP facilities, the
exact configuration and location of
building footprints, and other similar
features as shown on the GDP, provided
they meet the intent of these Proffers and
are approved by the Director of Planning.
1.2.The following uses shall be prohibited on
the portion of the Property zoned M1, as
shown on the GDP:
1.2.1. Offices and storage facilities for
building construction contractors, heavy
construction contractors and special trade
contractors
1.2.1. Transportation by air
1.2.2. Dry cleaning plants
1.2.3. Automotive repair shops
1.2.4. Welding repair
1.2.5. Agricultural equipment
repair
1.2.6. Boiler cleaning and repair
1.2.7. Cesspool cleaning
1.2.8. Farm machinery and
tractor repair
1.2.9. Industrial truck repair
1.2.10. Motorcycle repair service
Staff Note: The predominant proposed use
approximately 85%) is
warehousing/distribution, which is not a true
mix under the vision for Mixed Used
Industrial Office as designated in the
Northeast Land Use Plan. Warehousing is not
an EDA targeted Industry.
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1.2.11. Septic tank cleaning
service
1.2.12. Sewer cleaning service
1.2.13. Tank and boiler cleaning
service
1.2.14. Tank truck cleaning service
1.2.15. Residential uses accessory
to allowed business uses
1.2.16. Industrial launderers
1.2.17. Truck or fleet maintenance
facilities
1.3. The Applicant may develop that portion
of the Property to be rezoned to TM, as
depicted on the GDP, with up to
300,000 sq. ft. of data center only, as
permitted in TM districts. All other uses
permitted by-right or by conditional use
permit are prohibited on that portion of
the Property rezoned to the TM
District.
1.4. The Applicant may develop only one
hotel with a maximum of 100 rooms
(ITE Use Group 310), and no more than
5,000 gross sq. ft. of Restaurant (ITE
Use Group 932) on that portion of the
Property to be rezoned to the B2
District, as depicted on the GDP, and no
other uses that are otherwise permitted
in that District by right or by
conditional use permit. These permitted
uses may be in one structure, or in two
separate structures, in compliance with
relevant Frederick County Ordinances.
1.5. On that portion of the Property to be
rezoned to the M1 District, as depicted
on the GDP, the Applicant may
construct not more than 2,125,500
gross sq. ft. of Warehousing (ITE Use
Group 150), as depicted on the GDP,
and in compliance with relevant
Frederick County Ordinances, of which
not more than 300,000 square feet may
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be High Cube Cold Storage
Warehousing (ITE Use Group 157).
1.6. With the exception of (i) the uses that
are prohibited in Proffers 1.2, 1.3, and
1.4, and (ii) the limitations on High
Cube Cold Storage Warehousing in
Proffer 1.5, above, the Applicant may
develop the Property with any other use
permitted by right or conditional use
permit (upon the approval of such a
permit by the Board of Supervisors) in
the M1 District, subject, however, to
the following requirements:
1.6.1.If the Applicant elects to
develop the M1 Property with
any permitted use that results in
a higher net new trip generation
from the Property than that
shown in the “Transportation
Impact Analysis for the Fruit
Hill Property,” prepared by
Kittelson and Associates, dated
January 2023 (the “TIA”), then
as part of the conditional use
permit or site plan approval
process for those uses, the
Applicant shall submit an
updated TIA to the County and
the Virginia Department of
Transportation (“VDOT”).
Subject to County and VDOT
approval of the updated TIA,
and the Applicant shall mitigate
any additional impacts caused
by such additional trips.
1.6.2.In determining whether the uses
collectively have an increased
traffic impact for purposes of
Proffers 1.6.1, the Applicant
may use actual traffic counts for
then existing uses on the
Property in lieu of the estimates
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that were employed in the TIA,
for determining background
traffic at the time of site plan
submission.
2. COMMUNITY DESIGN
2.1. Perimeter landscaping shall be provided in
substantial conformance with the GDP. All
new landscaping/plantings shall be
indigenous species, native to Virginia.
2.2. The Applicant shall construct a 6-foot
landscaped berm along the Property’s
boundary with lots in the Carrollton
Subdivision and the Ridgeway Estates
Subdivision in accordance with the details
thereof on the GDP. Where no berm is
provided adjacent to RA zoned parcels, the
Applicant shall preserve existing
vegetation not more than 75 feet from the
perimeter property line to serve as a natural
buffer or increase the building setback to
200 feet, as depicted on the GDP.
No comment.
3. TRANSPORTATION
3.1. The Applicant shall dedicate all lands
proposed to be dedicated to the County or
to VDOT, as instructed by the Director or
Planning, as they are depicted on the
approved GDP, within 60 days of a written
request from the County therefore.
3.2. The Applicant shall relocate Zachary Ann
Lane as generally depicted on the GDP so
as to connect with a new road (hereinafter
“Fruit Hill Road”) as that new road is
generally depicted on the Northeast
Frederick Land Use Plan’s Transportation
Map, and as generally shown on the GDP.
The Applicant shall construct that portion
of Fruit Hill Road within the boundaries of
the Property, also as generally shown on
the GDP. Fruit Hill Road shall be built
Staff Note: Staff would note the lack of
proffer for improvements to the I-81 NB exit
ramp onto Rest Church Road which is
identified as a need in the applicant’s traffic
impact analysis.
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within a 104-foot right-of-way and shall
consist of two lanes with a single 10-foot
paved trail, with required turn lanes.
3.3. The Applicant shall construct a westbound
left turn lane with at least 200 feet of
storage and a 200-foot taper on Rest
Church Road at its connection with Fruit
Hill Road.
3.4. The Applicant shall apply to abandon, or
cause to be abandoned, (i) that portion of
Ruebuck Lane immediately past the
southern boundary of County Parcel Map
Pin 33-(5)-24, and (ii) that portion of
Zachary Ann Lane no longer required after
relocation of its entrance and connection to
Rest Church Road.
3.5. The Applicant shall dedicate an
additional 25 feet of right-of-way along the
western property line for Ruebuck Lane,
from its revised terminus to Rest Church
Road, as depicted on the GDP. It shall
further install a 55-foot cul-de-sac or a
hammerhead turnaround at the terminus of
Ruebuck sufficient to permit emergency
and other vehicles to effect a safe turn
around, at a location outside the floodplain
and past the last residential driveway on
Ruebuck. The design and location of the
turnaround shall be finalized during site
plan review. The Applicant shall further, at
its expense, pave Ruebuck Lane and
improve the existing sight distance issues
at its intersection with Macbeth Lane to a
standard appropriate for a low volume road
in the VDOT Rural Rustic Road Program,
from its intersection with Rest Church
Road south to the aforementioned cul-de-
sac or turnaround. Such dedication shall be
made concurrently with the approval of
plans for the improvement of Ruebuck
Lane.
3.6. The Applicant shall construct at its
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expense the improvements at the
intersection of Route 11 and Rest Church
Road that are identified in the TIA (the
“Route 11 Improvements”), in accordance
with these proffers. Upon the approval of
this Rezoning, the Applicant shall, within
six months thereafter, prepare plans for the
Route 11 Improvements for review by
VDOT and the County, and such other
agencies as may be required, and upon
approval of those plans and the issuance of
the necessary construction permits,
proceed forthwith to construct the Route
11 Improvements.
3.7. All proffered road improvements to be
constructed by the Applicant except the
Route 11 Improvements, and those phases
of Fruit Hill Road as are established at the
time of site plan approval, shall be
completed prior to the issuance of the first
occupancy permit for any building on the
Property; provided that notwithstanding
anything to the contrary herein, the
Applicant will dedicate all of the right-of-
way for Fruit Hill Road within 60 days of
a written request of the County therefore,
and provided further that the ultimate
location of Fruit Hill Road may be adjusted
for final engineering.
3.8. No entrances to the Property, other than
the connection with Fruit Hill Road, as
shown on the GDP, shall be permitted onto
Rest Church Road or Ruebuck Lane.
3.9. All public roads shall be constructed to
VDOT standards and subject to the
approval of VDOT and Frederick County.
3.10. For the purposes of these Proffers,
“completion” of a public road
improvement shall mean when a road or
improvement thereto is open to traffic, but
may not have yet been accepted into the
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State Secondary System of Highways for
maintenance. Nothing herein shall
override or contravene any subdivision
monetary guarantee requirements for
acceptance of public road improvements.
3.11. The Applicant shall provide
appropriate sight distance at the
intersection of Ruebuck Lane and Rest
Church Road, as generally depicted on the
Transportation Plan element of the
Generalized Development Plan.
3.12. The Applicant shall contribute its pro
rata share of the cost of installation of a
traffic signal at the intersection of Fruit
Hill Road and Rest Church Road when a
signal warrant is authorized for such
installation. The Applicant's pro-rata share
of that cost shall be equal to its then
proportionate share of the then total
vehicle trips at that intersection less Rest
Church Road through trips. Such costs
shall be determined by the actual
construction costs of the signal, or by
VDOT’s then current unit price list if not
already constructed and shall be paid in
accordance with a signalization agreement
with VDOT.
4. SIGNAGE
The Applicant shall be limited to a single
monument sign for the M-1 portion of the
Property and a single monument sign for
the B-2 portions of the Property at its
entrance along Rest Church Road,
conforming to the applicable provisions of
§ 165-201.06 of the Zoning Ordinance, as
shown on the GDP; provided that this shall
not preclude each owner or tenant of a
building from installing signs, internal to
the site, conforming to the provisions of §
No comment
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165-201.06 (G) and (H) of the Zoning
Ordinance.
5. LIGHTING
5.1 All outdoor lighting shall be compatible,
and harmonious throughout the Property.
Fixtures shall be similar in style. Lighting
shall be mounted at a height that is relative
to the property line such that it is no taller
than its horizontal distance from the nearest
property line, but in no case shall it be
placed more than 25’ above grade. Any
luminaire situated within 50’ of any
property line shall be oriented
perpendicular to and faced away from that
property line so as not to cause trespass
onto an adjacent property in excess of 0.1
footcandles onto a residential use, or 0.5
footcandles onto any other property. All
luminaires shall meet an up-light rating of
U0 (that is zero up-light) according to the
Luminaire Classification System (LCS), as
developed and maintained by the
Illuminating Engineering Society (IES).
They shall be oriented with the central
beam pointed straight down and shall
otherwise conform to the requirements of
the County’s Zoning Ordinance. The
Applicant shall prepare and submit a
photometric plan as part of the final site
plan process demonstrating the
minimization of off-site lighting impacts.
No comment
6. FIRE AND RESCUE
6.1 The Applicant shall contribute to Frederick
County the sum of $150.00 per 1,000 gross
square feet of constructed building as
depicted on each final site plan, to be used
for fire and rescue purposes. The
contribution shall be made at the time of
issuance of the certificate of occupancy for
each structure built on the Property.
No comment
7. WATER AND SEWER No comment
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7.1. The Property shall be served with
public water and public sewer. At its
expense, the Applicant shall design and
construct all on-site and off-site
improvements necessary to provide service
for the demand generated by development
on the Property in accordance with
applicable Frederick County Sanitation
Authority (“Frederick Water”), Frederick
County, and Virginia laws, ordinances, and
regulations.
7.2. The Applicant will install at its expense
SCADA systems as approved by Frederick
Water at the Woodbine and VDOT pump
stations to enable them to be monitored and
pumps cycled on-off in an efficient manner,
to accommodate the flows generated by the
development.
7.3. The Applicant will grant the necessary
easements at no cost to the County or
Frederick Water to facilitate the north-
south flow of water, the location of which
easements shall generally follow the
eastern property lines of the Property, with
the purpose of ultimately extending to
Cedar Hill and Hopewell Roads. The
location of these easements will be
established as part of the site plan process.
8. CULTURAL RESOURCES
INVESTIGATION AND PRESERVATION
8.1. The Applicant shall conduct, or cause
to be conducted, an Architectural
Resources Study of the Property prior to
the approval of the first final site plan for
the Property. A Phase II study will be
conducted to examine further the interiors
and building materials in the Lewis-
Solenberger and Cather Houses.
No comment
9. ESCALATOR
In the event the monetary contributions set
forth in this Proffer Statement are paid to
No Comment
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Frederick County within eighteen (18) months
after final approval of this rezoning, as applied
for by the Applicant, said contributions shall be
in the amounts as stated herein. Any monetary
contributions set forth in this Proffer Statement
which are to be paid to the County shall be
adjusted in accordance with the Urban
Consumer Price Index (CPI-U), published by
the United States Department of Labor, such
that at the time contributions are paid they shall
be adjusted by the percentage change in the
CPI-U from that date twenty four (24) months
after final approval of this rezoning to the most
recently available CPI-U to the date the
contributions are paid, or six per cent (6%) per
year, whichever is less.
Previous Application Actions:
This item (previously rezoning 10-22) was heard by the Planning Commission and a public hearing
held on 4/19/23. At that time the Planning Commission noted their areas of concern which
primarily dealt with traffic and particularly the intersection of Route 11 and Rest Church Road.
The applicant noted their willingness to adjust the proffers and the rezoning was postponed until
the 5/17/2023 meeting. This item was then reviewed again with updated proffers on 5/17/2023
and the Planning Commission unanimously recommended approval with a note that the Board
direct staff to address the remaining elements of the TIA that were unaddressed. The item was
subsequently not heard by the Board of Supervisors due to being withdrawn by the applicant and
has now been refiled with minor changes to the form that the Planning Commission saw it on
5/17/23.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this rezoning application.
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