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HomeMy WebLinkAbout06-24 BOS Staff Report REZONING #06-24 FRUIT HILL (EQUUS CAPITAL PARTNERS, LTD., DTS, LC AND WILLIAM O. MINOR) Staff Report for the Board of Supervisors Prepared: September 18, 2024 Staff Contact: John A. Bishop, AICP, Assistant Planning Director Executive Summary: Meeting Schedule Planning Commission: September 4, 2024 Action: Recommended Approval 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 Page 2 of 13 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 Page 3 of 13 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. Page 4 of 13 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. Page 5 of 13 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 Page 6 of 13 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 Page 7 of 13 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. Page 8 of 13 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 Page 9 of 13 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 Page 10 of 13 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 Page 11 of 13 165-201.06 (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 Page 12 of 13 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 Page 13 of 13 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. Planning Commission Summary & Action from the 9/4/24 Meeting: Following the staff presentation the Planning Commission sought clarification on vested rights for a potential data center, trip generation in the M1 portion of the rezoning and how additional trips beyond those studied in the TIA were addressed in the proffers, and the pro rata share calculations for the potential signal at the intersection of Rest Church Road and future Fruit Hill Road. Following the Planning Commission meeting, staff sent out additional clarification that rights under the ordinance are not vested until a site plan is approved and even then, that site plan must be enacted within 5 years to avoid having to incorporate new ordinances that may have been adopted since the original site plan approval. Following the public hearing, the Planning Commission voted to recommend approval of rezoning #06-24. Following a public hearing, staff is seeking a decision by the Board of Supervisors on this Rezoning application.