HomeMy WebLinkAbout18-06 Application_:0
Department of Planning and
5401665 -5651
FAX: 540/665-6395
March 26, 2007
Mr. Gary Oates
GreyWolfe, Inc.
1073 Red Bud Road
Winchester, VA 22603
RE: REZONING #18 -06, WOODSIDE COMMERCIAL CENTER
Dear Gary:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of March 14, 2007. The above - referenced application was approved to rezone 8.835 acres
from RA (Rural Areas) District to B3 (Industrial Transition Business) District, with proffers revised
March 15, 2007, for commercial and industrial uses. The subject property is located on the east side of
Route 11, approximately 3,000 feet north of Hopewell Road (Route 672), and is identified with Property
Identification Number 33- A -124A in the Stonewall Magisterial District.
The proffer that was approved as a part of this rezoning application is unique to this property and is
binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincer
/ er
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Candice E. Perkins, AICP
Planner II
CEP /bad
Attachment
cc: Charles S. DeHaven, Jr., Stonewall District Supervisor
John H. Light, Stonewall District Planning Commissioner
Jane Anderson, Real Estate
Commissioner of Revenue
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
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REZONING APPLICATION 418 -06
WOODSIDE COMMERCIAL CENTER
Staff Report for the Board of Supervisors
Prepared: March 5, 2007
Staff Contact: Candice E. Perkins, Planner 11
i
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and 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.
Reviewed Action
Planning Commission: 12/20/06 Tabled for up to 90 days
(Public I- fearing Held)
02/21/07 Recornmended Approval
Board of Supervisors: 03/14/07 Pending
PROPOSAL To rezone 8.835 acres from the RA (Rural Areas) District to the 133 (Industrial
Transition) District with proffers, for commercial and industrial uses.
LOCATION The property is located on the east side of Route 11, approximately 3,000 feet north of
Hopewell Road (Route 672).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS: 33- A -124A
PROPERTY ZONING RA (Rural Areas) District.
PRESENT USE Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RA (Rural Areas)
Use:
Agricultural
South:
RA (Rural Areas)
Use:
Residential
East:
RA (Rural Areas)
Use:
Residential
West:
RA (Rural Areas)
Use:
Residential
EM (Extractive Manufacturing)
Use:
Industrial and Vacant
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PROPOSED USES Commercial and industrial
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Under the Transportation Proffers offered, VDOT is agreeable
with Proffers A. B, C, D and F. Under Item E, which calls for a prorata signalization agreement, the
Residency would prefer a significant lump sum contribution to Frederick County towards the Route
672/11 intersection improvements. As part of our report to the County, we will have to note
"The Conclusion" as stated in your TIA: The intersection of Route 11, Hopewell Road and Brucetown
Road will maintain unacceptable level of service during the 2010 background and buildout conditions.
While the report suggests signalization and separate east bound right turn lanes would improve the level
of service to "C" or better, due to current right -of -way restraints, these improvements are not possible.
Therefore, it will be the County's decision whether they wish to approve this rezoning and thereby
adding additional traffic to this already failing intersection.
SluffNote : A revised VDOT comment has not been received.
Fire Marshal Plan approval recommended.
Clearbrook Fire & Rescue: 1. Proffers if possible. 2. No comments unless noted by Fire Marshall.
Public Works Department: We have completed our review of the rezoning application for the
Woodside Commercial Center and offer the following comments: 1. Refer to the Impact Statement,
Page 1, Introduction: The introduction indicates that the applicant is seeking a change in zoning from
RA to M1. However, the rezoning application form, paragraph 10 indicates the rezoning requested is
B3. This conflict should be resolved. 2. Under Solid Waste Disposal, Page 2, Impact Analysis:
Indicate the estimated amount of solid waste generated by 75,000 square feet of commercial
development. 3. Provide a category titled geology or include a discussion about the karst environment
under Soils category, page 3. Several years ago, we observed the development of a sinkhole on the
Robinson property, lot 33- A -124B. The sinkhole was located just off the gravel driveway in the
southwest corner of the property. Sinkhole development is typical of karst geology and may be more
prevalent when located near an existing quarry with the potential for a dramatic rise and fall of the water
table.
Frederick - Winchester Service Authority No comments.
Sanitation Authority Water and sewer capacity is available to this site.
Frederick - Winchester Health Department: No objection — public water and sewer required.
Frederick County Public Schools: Based on the information provided that states no residential units
will be part of the rezoning, there will be no impact to the school population upon buildout.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it
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will not impact operations at the Winchester Regional Airport.
Parks and Recreation: No comment.
Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meet
the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the
following comments: 1. With respect to Proffers 1(b) and (c), these proffers, as written would not
necessarily result in the subject road improvements being constructed prior to any final occupancy
permit. Accordingly, I would recommend that the words "or bonded" be deleted from both of the
proffers. 2. In Proffer 1(e), the words "to dedicate" should be inserted after the word "proffers" in the
first and second sentence. 3. With respect to Proffer I (f), the Staff needs to determine whether this is a
satisfactory monetary proffer as worded. I assume that the concept here is that when a site plan is
submitted for a given use on the Property, that given use, with the square footage of the structure, would
enable the "Average Vehicle Trip Ends on a Weekday' to be determined from the Handbook, and the
amount of the proffer thereby calculated. Further, the purpose of the proffer should be modified. The
word "maintenance" should be deleted, as it is not the proper subject for a cash proffer. It would also
be preferable if the proffer provided more flexibility to the County by providing that the proffer would
be "for road improvements and right -of -way acquisition in the Route 1 l and Route 672 corridors in the
Clearbrook area'. 4. Proffer 3 should be modified to read "The Applicant hereby proffers that the
combined floor area for buildings on the site shall not exceed 75,000 square feet'. 5. The first line of
Proffer 4 should be modified to read "The Applicant hereby proffers that the following uses shall be
prohibited on the property ". Further, Staff needs to determine whether item a is clear and whether it is
in conflict with Proffer 5. 6. In Proffer 7, Staff needs to determine whether the clause "with a
residential use at the time of site plan approval" at the end of the proffer is advisable. 7. In Proffer 8(b),
the last sentence should be deleted. Entrances and fire lanes would not constitute parking lots, unless
parking is intended to be permitted in the entrances and fire lanes, which would appear to be
inconsistent with the intent of the proffer. As previously noted, I have not reviewed the substance of the
proffers as to whether other proffers would be appropriate, as it is my understanding that that review
will be done by the staff and the Planning Commission.
Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board
(HRAB) considered this rezoning proposal during their meeting of July 18, 2006. The HRAB reviewed
information associated with the Frederick County Rural Landmarks Survey Report the Virginia
Department of Historic Resources, as well as information provided by the applicant. The FIRAB felt
that the proffers associated with historic preservation and recognition were adequate and did not request
any changes to the proposed rezoning.
Planning Department: Please see attached letter dated October 18, 2006from Candice E. Perkins,
Planner H.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject
parcel as being zoned A -2 (Agricultural General). The County's agricultural zoning districts
Rezoning #18 -06— Woodside Commercial Center
March 5, 2007
Page 4
were subsequently 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
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy 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 in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The parcel comprising this rezoning application is located withinthe County's Sewer and Water
Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The plan
designates this site for industrial uses. The plan further states that "Industrial land uses are
proposed adjacent to the railroads in the southern and northern portions of the study area.
Proposed industrial land uses should be developed within master planned areas which
discourage individual lot access on the Martinsburg Pike (Route 11 North) corridor. Industrial
land uses should be adequately screened from adjoining land uses to mitigate visual and noise
impacts. Furthermore, industrial land uses should be planned to provide greater setbacks and
buffer and screening along Martinsburg Pike to enhance the appearance of the corridor"
(Comprehensive Policy Plan 6- 38.2).
The B3 (Industrial Transition) Zoning district is a heavy business district. As stated in the
Frederick County Zoning Ordinance, "the intent of this district is to provide for heavy
commercial activities, involving larger scale marketing or wholesaling, in locations that are
separate from but in the vicinity of business and industrial areas ".
The B3 Zoning District could be generally consistent with the industrial land use planned for
this site in the Northeast Land Use Plan, so long as many of the commercial uses allowed in the
B3 District are prohibited from this site. While the B3 district allows certain lighter industrial
uses also allowed in the Ml (warehousing, wholesaling,) the B3 district also allows for a variety
of B2 uses that would not be consistent with the industrial designation called for in the
Comprehensive Plan (general offices, amusement and recreational services operated indoors,
garden supply /retail nurseries).
Transportation
The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed
industrial and commercial development. This proposed rezoning application does not provide
for this minimum Level of Service.
The Northeast Land Use Plan ( NELUP) and the Eastern Road Plan call for Martinsburg Pike to
be improved to a four -lane facility. The NELUP also states that proposed industrial and
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commercial development should only occur if impacted roads function at Level of Service
(LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-
term designated route.
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered that only one entrance
shall be permitted on Martinsburg Pike and only two entrances will be permitted on Woodside
Road.
3) Site Suitability /Environment
The site does not contain any environmental features that would either constrain orpreclude site
development. There are no identified areas of steep slopes, floodplains or woodlands.
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the only
soil type present on this site is Oaklet silt loam ( 432B). This soil type is considered prime farm
land. The characteristics of this soil type are manageable for development following the
Virginia Erosion and Sediment Control Practices.
This area is also known for karst topography. Immediately to the east of this project is a
limestone quarry. Soil borings and review by a geotechnical engineer is advised.
4) Potential Impacts
A. Transportation
The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed
industrial and commercial development. This proposed rezoning does not provide that
minimum Level of Service.
A traffic impact analysis (TIA) was prepared for this application using composite data collected
from other studies in the area as well as actual traffic counts. The County's rezoning application
requires applicants to model the worst possible scenario based on the use of the site. The TIA
for the Woodside Commercial Center was based on 75,000 square feet of retail; the worst case
scenario was modeled with this application.
The Conclusions from the Transportation Impact Analysis (TIA) state that the following
improvements are required to maintain the appropriate Level of Service C:
• Route 11 / Hopewell Road /Brucetown Road: Traffic signalization along with dedicated
left and right -turn lanes in the eastbound direction, dedicated left and right -tam lanes in
the northbound direction, dedicated left and right -turn lanes in the southbound direction,
and a dedicated right -turn lane in the westbound direction will be required to maintain
acceptable levels of service during background and build -out conditions
Staff Note: These improvements have not been proffered by the applicant.
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• Route 11 / Woodside Road: Traffic signalization will be required to maintain
acceptable levels of service during build -out conditions.
Staff Note: This improvement has not been proffered by the applicant.
• Site Driveway#1 / Route 11: This intersection will require a shared westbound
thru/right lane, dedicated northbound thru and right lanes, and dedicated southbound
thru and left lanes to maintain acceptable levels of service during build out conditions.
Staff Note: The applicant is constructing an additional 12 foot lane along Martinsburg
Pike.
• Site Driveway 42 / Woodside Road: This intersection will require a shared eastbound
thru/right lane, a shared westbound thru/left lane, and a shared northbound left/right lane
to maintain acceptable levels of service during build -out conditions.
Staff Note: These improvements have not been proffered by the applicant.
• Site Drivewav #3 / Woodside Road: This intersection will require a shared eastbound
thru/right lane, a shared westbound thru/left lane, and a shared northbound left/right lane
to maintain acceptable levels of service during build -out conditions.
Staff Note: These improvements have not been proffered by the applicant.
B. Sewer and Water
The FCSA has a six inch sewer force main along Route 11. This development is expected to
generate 500 gallons /day /acre for a total of 4,418gpd. The applicant will build a sewer pump
station to be dedicated to the FCSA if the Authority deems it necessary; otherwise individual
grinder pumps will be installed and maintained privately.
The FCSA has a 12 inch water main along Route 11. This development is expected to generate
1000 gallons /day /acre for a total of 8,835gpd.
C. Community Facilities
In recognition of the impacts that may be realized by the community to the Fire and Rescue
Services, the applicant has proffered a contribution in the amount of $0.10 per building square
foot to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan
approval.
5) Proffer Statement — Dated June 13, 2006 (Revised January 26, 2007, February 27, 2007)
1. Transportation
Access to the property from Martinsburg Pike (Route 11) shall be limited to one commercial
entrance. Access to the property from Woodside Road (Route 671) shall be limited to two
commercial entrances.
The applicant will construct a 12 foot lane onto Route 1 I along the site road frontage ( +/- 650')
This lane will be constructed prior to receiving final occupancy permits on site.
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The applicant proffers to dedicate an additional 10 foot strip of land to the Commonwealth of
Virginia and to pave a 12 foot lane along the entire frontage of Woodside Road when traffic
count from this project reaches or exceeds 2,815 trips per day or upon request by Frederick
County.
Upon construction of a state approved entrance onto Martinsburg Pike, the applicant hereby
proffers to designate one inter - parcel connection along the southern boundary.
A ten foot strip of land will be dedicated along the entire frontage of property along Martinsburg
Pike. A strip of land 25 feet in width will be dedicated from the centerline of Woodside Road
along the entire frontage of the property.
The applicant proffers a 20 foot drainage, pedestrian and utility casement along the frontage of
Martinsburg Pike to Frederick County. The applicant will retain the right to place the proffered
split rail fence and monument sign within this easement.
The applicant proffers to present the County with an engineered road plan for the realignment of
Brucetown and Hopewell Roads at Martinsburg Pike. The design will extend 300' north and
300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by
the Winchester and Western Railroad to the west and the Clearbrook Fire Station to the east. A
diagram of this area for the intersection is attached and labeled as exhibit "A ".
The applicant proffers to present the County with aerial mapping of the Martinsburg Pike
corridor. The mapping will begin at the Clearbrook Convenience Site entrance to the south and
extend 3.125 miles north to the state line with a corridor width of 300'. The mapping will
produce topography with one foot contour intervals at a 50 foot scale accuracy. A diagram of
this intersection is attached and labeled as exhibit "B ".
Staff Note: The applicant is proposing to provide an engineered road plan for the
realignment of Brucetown /Hopewell Roads instead of constructing the improvements called
for in the TIA. Also, the necessity for the aerial mapping is unclear as VDOT has not
commented on the revised proffers.
Under this scenario, if the rezoning is approved, the site may develop without the required
improvements and transportation network. The road network could be failing while the site
continues to develop.
2. Monetary Contributions — Fire & Rescue
The applicant has proffered a financial contribution of $0.10 per building square foot shall be
paid to Frederick County Fire and Rescue.
3. The applicant proffers that the combined building floor area for the following high- traffic uses
of retail, restaurant, and indoor entertainment shall not exceed a combined total of 75,000s£ All
other uses allowed in the B -3 such as general office and storage will not be limited.
4. The applicant has proffered that the following uses will be prohibited on the site:
P
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Truck Stops — Retail (SIC 5541)
Transportation by Air (SIC 45)
Rental of Railroad Cars (SIC 4741)
Mobile Home Dealers (SIC 5271)
Drive In- Motion Pictures (SIC 7833)
E
Staff Note: Recognizing that the Comprehensive Policy Plan calls for industrial uses on this
property, additional commercial type uses should be proffered out with this rezoning.
Commercial uses like general offices, amusement and recreational services operated indoors
should be eliminated from this development to ensure the intent of the Comprehensive Plan is
implemented
>. The applicant hereby proffers the following conditions to "Automobile Service Stations —
Retail" as defined in SIC 5541.
-Only one business will be permitted to have retail fuel pumps.
-The total number of pumps will be limited to twelve or fewer.
- Diesel fuel will be restricted to two pumps or fewer and must be located with
other pumps. Diesel fuel sales to "over- the -road trucks" will be prohibited.
The applicant proffers to install an additional row of evergreen trees for a total of four rows in
all areas required to have a full screen zoning buffer per the Frederick County Zoning Ordinance
at the time of site plan approvals.
7. Corridor Enhancements to be completed prior to the first occupancy permit.
The applicant has proffered to construct a split rail fence along the road frontage.
The applicant will not allow any parking lots, outdoor storage, or driving lanes to be constructed
between the buildings and Route 11. This applies only to the building nearest to Route 11 and
not inside the park. Any required fire lanes within this area will be grass paved.
One monument style sign will be permitted along Route 11 that displays the park's name and
tenants; this sign will not exceed 12 feet in height and 100sf in area. Freestanding signage
between the buildings and Route 11 (other than the monument sign) will be prohibited.
The applicant will restrict each business facing Route 1 I to a sign mounted on the building not
to exceed eight square feet.
The applicant will require each building fagade along Route 11 to be constructed of wood, vinyl,
glass, masonry, or stucco. However, metal siding will be allowed within the business park and
on all sides not facing Route 11.
STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING:
The land use proposed in this rezoning could be consistent with the Northeast Land Use Plan if a .
number of inappropriate uses are prohibited on the site. Staff would recommend that the applicant
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consider prohibiting by proffer certain B3 uses which have a more commercial use to ensure that the
goals of the NELUP are implemented. More importantly, this application fails to address and mitigate
the transportation impacts associated with the proposal. Elements of the rezoning application have been
identified that should be carefully evaluated to ensure that they fully address the goals of the County.
Specifically, the applicant should be mitigating the impacts identified in their TIA. The applicant
should be prepared to address theses issues prior to a recommendation by the Planning Commission.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/20/06 MEETING
The Planning Staff pointed out a number of transportation improvements called for by the applicant's
TIA; however, the applicant had offered to provide a monetary contribution rather than actually
committing to constructing the suggested improvements. Referring to the $100 per vehicle trip
monetary proffer dedicated for transportation improvements and right -of -way acquisition, staff
commented that is unclear if the right -of -way is available to expand the intersection and if the amount
of funds provided would be sufficient. Staff noted that the proposed funds alone would not solve all of
the problems indicated in the TIA and would not increase the LOS necessary for the project;
furthermore, funds offered in the proffer must be utilized within a limited time period. In addition, the
staff pointed out that the B3 District allows for a variety of B2 uses that would not be consistent with
the industrial designation called for in the Comprehensive Policy Plan and it was suggested that uses
such as, general offices, amusement and recreational services, and gas stations be proffered out of the
rezoning request.
The Planning Director commented that although the $100 per vehicle trip offered is probably
appropriate, the staff has not yet studied the values. Under the scenario presented by the applicant, the
County Staff would have to be the designated project managers and provide construction services to get
the projects constructed; the ramifications of doing so have not been studied.
The County's Transportation Planner believed the applicant's approach was innovative in that it
attempted to address the fact that this one rezoning alone is rather small to address all of the
improvements that were needed and this was an offer of a solution to begin building a pot of funds. if
this was considered to be the way to handle this type of situation, the issue becomes one where the
emphasis is placed back on the County as the next rezoning along that corridor is considered. The key
trigger is whether or not that continued pattern will work as other rezoning petitions come in; otherwise,
this particular one will do very little on its own to address the needed impacts.
The applicant explained their calculations for the $100 per vehicle trip and how they estimated the cost
of widening Route 11 and the realignment of Hopewell and Brucetown Roads. The applicant pointed
out that since the value of their project would only pay for a fraction of the needed funds to re -align
Hopewell and Brucetown Roads, they offered their fair share of the cost. The applicant also gave
reasons why they believed the less- intensive industrial designation of B3 was more appropriate in this
area and functioned as a true transitional area between the EM -zoned property to the east and future
commercial uses to the west. The removal of square - footage limitations was requested by the applicant
so they could maximize the use of the property, since the traffic impact proffers were based on the
traffic generated. A revised proffer statement was provided. It included some additional uses to be
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proffered out; it provided a list of restrictions to the floor area for several high - traffic generating uses; it
provided an architectural proffer for building exteriors facing Martinsburg Pike; and it offered a lump
sum cash proffer for the cost of asphalt and stone for a 600 -foot section of Woodside Road.
One adjoining property owner, at 3656 Martinsburg Pike, voiced his opposition during the public
comment portion of the hearing. His reasons for opposition were the increasing amounts of traffic that
made it difficult for him to exit his driveway and litter blowing into his yard from adjacent commercial
and industrial uses. He did not think the residents in the rural areas were being considered and he was
opposed to placing the burden of constructing transportation improvements on the County because it
may result in increased taxes.
Recognizing that the County did not currently have a formulated policy on how rezoning petitions for
smaller parcels could contribute to an overall transportation improvement plan, the Planning
Commission requested that the Planning Staff evaluate the proposal and establish a baseline for
minimum monetary contributions that could be used as a guideline until a formal policy was
established. Commissioners believed it would be beneficial for all parties involved to discuss a strategy
for this type of situation in order to guide decision makers in the future. In addition, the revised proffer
submitted had not been reviewed by the Commission, the Staff, or the County Attorney.
The Commission voted unanimously to table the rezoning application to allow time for review of the
revised proffers and for the staff to have the opportunity to evaluate the applicant's proposal and to
establish a baseline for minimum contributions towards transportation improvements which could be
used when evaluating small -area rezoning applications in the future.
(Note: Commissioner Oates abstained; Commissioners Thomas and Watt were absent from the
meeting.)
STAFF CONCLUSIONS FOR 02/21/07 PLANNING COMMISSION MEETING:
The land use proposed in this rezoning could be consistent with the Northeast Land Use Plan if a
number of inappropriate uses are prohibited on the site. Staff would recommend that the applicant
consider prohibiting by proffer certain B3 uses which have a more commercial use to ensure that the
goals of the NELUP are implemented. More importantly, this application fails to address and mitigate
the transportation impacts associated with the proposal. Elements of the rezoning application have been
identified that should be carefully evaluated to ensure that they fully address the goals of the County.
Specifically, the applicant should be mitigating the impacts identified in their TIA. The applicant
should be prepared to address theses issues prior to a recommendation by the Planning Commission.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/21/07 MEETING
The County's Transportation Planner, Mr. John Bishop, gave a review of the financing structure
proposed by the applicant, as directed by the Commission at their December 20, 2006 meeting. Mr.
Bishop stated that cost estimates on a per -unit basis projected by the MPO and V DOT were higher than
those provided by the applicant for the same improvements. The projects evaluated included the
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improvement of Route 11 for approximately 2Yz miles from a three -lane section to a four -lane divided
roadway as called for in the Eastern Road Plan, to align Brucetown Road with Hopewell Road, and to
make improvements to that intersection as well. Mr. Bishop also noted that the $100 per vehicle trip
did not address project inflation. He said VDOT has experienced approximately 12% project inflation
costs on an annual basis for the past two to three years. As the County is waiting for the funds to
accumulate over the project build -out, project costs are inflating and there is no way to determine how
fast the dollars are going to come in. In addition to the applicant's $100 per vehicle trip, Mr. Bishop
said the applicant is providing their frontage improvements; he emphasized the importance of having
future applications do the same, so the responsibility for doing the improvements does not fall on the
County.
VDOT representative, Mr. Lloyd Ingram, said he was not necessarily opposed to a per -unit fee, but
there were many variables. He questioned at what point through the development the determination
would be made on how many trips are being generated and whether the project would have a two -year
or ten -year build -out. He was concerned about project cost inflation.
The applicant estimated that the $100 per vehicle trip would generate about $200,000 with a 5,000
square -foot restaurant and 75,000 square feet of office space.
Two persons spoke during the public comment portion of the meeting. They commented that this area
was designated by the Comprehensive Policy Plan for business and industrial uses. They did not want
to see the County make it cost - prohibitive for small businesses to establish themselves on the numerous
small lots in this area. They were supportive of the applicant's proposal and believed the applicant had
taken a first step that future developers could build upon.
Commission members recognized that a small - acreage developer can not be expected to pay for all the
transportation improvements in an area, but suggested the possibility for a developer to pay a portion of
the cost of improving an intersection. It was suggested that the applicant might pay preliminary
engineering -type costs, or pursue right -of -way acquisition for signalization, instead of providing the
County with a cash proffer. Comments were made that a cash proffer for transportation based on a
projected trip level may not be appropriate. Inflation of costs and State Code time limits for using cash
proffers were mentioned.
The applicant returned to the podium with a revised proffer which offered to pay the engineering costs
for the realignment of Brucetown and Hopewell Roads, instead of the previous cash proffer of $100 per
vehicle trip. The Commission was satisfied with the proffer revision and unanimously recommended
approval.
YES (REC. APPROVAL W/ REVISED PROFFER) Mohn, Triplett, Kriz, Ours, Thomas, Wilmot,
Manuel, Watt, Unger
ABSTAIN Oates, Light
(Note: Commissioners Morris and Kerr were absent from the meeting.)
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STAFF CONCLUSIONS FOR 03/14/07 BOARD OF SUPERVISORS MEETING:
The land use proposed in this rezoning could be consistent with the Northeast Land Use Plan if a
number of inappropriate uses are prohibited on the site. Staff would recommend that the applicant
consider prohibiting by proffer certain B3 uses which have a more commercial use to ensure that the
goals of the NELUP are implemented. More importantly, this application fails to address and mitigate
the transportation impacts associated with the proposal. Elements of the rezoning application have been
identified that should be carefully evaluated to ensure that they fully address the goals of the County.
Specifically, the applicant should be mitigating the impacts identified in their TIA. The applicant
should be prepared to address theses issues prior to a decision by the Board of Supervisors.
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.
0 0
Department d[-Planbing and Development
540/665 -5651
FAX: 540/665.6395
October 18, 2006
Mr. Gary Oates
GreyWolfe, Inc.
1073 Redbud Road
Winchester, VA 22603 -4757
RE: Second Preliminary Rezoning Comments for Woodside Commercial Center
Dear Gary:
I have had the opportunity to review the revised draft rezoning application for the Woodside
Commercial Center. This application seeks to rezone 8.835 acres from RA (Rural Areas)
District to the B3 (Industrial Transition) District. Staff's review comments are listed below
for your consideration.
1. Northeast Land Use Plan. The site is within the limits of the Northeast Land Use
Plan, and designates the site for industrial use. The plan further states that "Industrial
land uses are proposed adjacent to the railroads in the southern and northern portions
of the study area ". The B3 Zoning District is an industrial transition district and is
generally consistent with the industrial land use planned for in the Northeast Land
Use Plan as it relates to this site on Martinsburg Pike, so long as many of the
commercial uses allowed in the B3 district are prohibited from this site.
2. Northeast Land Use Plan. The plan calls for Level of Service Category C or better
for proposed industrial and commercial development. This application does not
provide that Level of Service.
3. Northeast Land Use Plan. The plan calls for improving Martinsburg Pike (Route 11
North) to a four -lane facility. The applicant has proffered to construct a 12 foot lane
along the road frontage for this site, as well as dedications for Route 11 and
Woodside Road. A 10 foot dedication is proposed for Martinsburg Pike and the
construction of a 12 foot lane; indicate if any turn lanes on Martinsburg Pike will be
necessary in addition to the 12 foot lane.
4. Impact Assessment Statement — Proposed Uses. The application states the
rezoning is for B3 (Industrial Transition) uses and the TIA is based on 75,000 square
feet of heavy industry. Heavy Industry is not allowed in the B3 District. It is only
allowed in the M2 (Industrial General) District. Furthermore, unless a specific use is
proffered, the County will assume the maximum possible development (retail) as per
the County's rezoning application, combined with the proffered floor space. The
applicant will need to base the TIA and all analysis on what is actually proffered with
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
0 0
Page 2
Mr. Gary Oates
RE: Proposed Rezoning of Woodside Commercial Center
October 18, 2006
the development, which includes 75,000 square feet of floor area with various uses
(restaurant, etc.). Basing the TIA on heavy industry is not acceptable. Addendums
for this issue have not been provided.
5. Traffic Impact Analysis (Background). The background information provided in
the TIA for Woodside Commercial Center does not include the recently approved
Clearbrook Business Center rezoning, as well as the North Stephenson Rezoning
(Omps). Also, the numbers provided for the Rutherford's Farm Rezoning
(background — 500,OOOsf) do not appear to match what is associated with the
rezoning. The original Rutherford Ml rezoning was proffered at over 1.4 million
square feet of floor area (9,744 average daily trips [ADT]) and the subsequent
rezoning of a portion of this site to B2 /B3 added another 2,368 ADT. Correct errors.
Addendums for this issue have not been provided.
6. Traffic Impact Analysis (Levels of Service). Figure 9 of the submitted TIA shows
thatthe Route 11 /Hopewell Road /Brucetown Road will be able to achieve acceptable
levels of service with the suggested improvements.
7. Proffer Statement (#lf). The TIA as indicated above suggests that the referenced
intersection will be able to achieve an acceptable level of service with the suggested
improvements. This application is not proposing to make any improvements, only to
provide $100 per "average vehicle trip ends on a weekday" which will be for
maintenance, road improvements, right of way acquisition on Route 11 and Route
672; which will be paid to the Treasurer of Frederick County prior to final site plan
approval. This proposed "pot of funds" does not solve any of the problems
associated with this intersection. At this time, it is unclear if the right -of -way is
available to expand this intersection and the amount of funds necessary for the
improvements is questionable. These proffered funds are not appropriate and do
nothing to increase the level of service necessary for this project.
8. Proffer Statement ( #lb -c). Proffer 1 b -c states that the additional lane along Route
11, as well as the improvements to Woodside Road, will be built or bonded prior to
occupancy of any building. All improvements need to be built, not bonded, prior to
the occupancy of any structure on the site.
9. Proffer Statement ( 94 -6). The applicant has proffered to prohibit gasoline service
stations and truck stops and proffers a limited floor space of amusement and
recreational services operated indoors. The original proffer also restricted the size of
uses like restaurants, warehousing, hardware stores and recreational services. Since
the Comprehensive Plan calls for this site to be used for industrial uses, recreational
services general business offices (among other uses not in keeping with an industrial
intent) are not appropriate on this site Uses that do not fit in with the industrial
intent of this area should be addressed and eliminated.
• S
Page 3
Mr. Gary Oates
RE: Proposed Rezoning of Woodside Commercial Center
October 18, 2006
10. Proffer Statement ( 48). The proffer statement that pertains to aesthetics along
Martinsburg Pike should be enhanced. The zoning ordinance requires landscaping
between commercial zoning and rural residential uses (located across Martinsburg
Pike); proffered landscaping in addition to the rail fence would be appropriate.
11. Proffer Statement ( #8). The proffer statement that pertains to parking areas between
Martinsburg Pike and the buildings should be clarified to address outdoor storage,
outdoor display, and driving lanes, as well as utilize only grass pave for fire lanes to
ensure that the intent of the Comprehensive Plan is implemented.
12. Proffer Statement ( 48). The proffer that pertains to signage states that the applicant
will not install any signs along Martinsburg Pike other than one monument sign. Size
limitations on the monument sign should be considered; a maximum of 10 feet in
height would be appropriate.
13. Agency Comments. Please provide appropriate agency comments from the
following agencies: Historic Resources Advisory Board, Virginia Department of
Transportation, Frederick County Department of Public Works, Frederick County
Fire Marshall, Frederick County Department of Parks and Recreation, Frederick
County Sanitation Authority, Frederick - Winchester Health Department, Clearbrook
Fire and Rescue Company and the Frederick - Winchester Service Authority. The
proposed proffers have been forwarded by staff to the Frederick County Attorney.
Once attorney comments are received by the Planning Department, they will be
forwarded to your office. Attorney comments are required for acceptance of the
rezoning application.
14. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per
acre, and a $50.00 public hearing sign fee. Thus, a total of $3,883.50 is due upon
submission of the official rezoning application. This is based on fees as of January
27, 2005. Fees may change.
All of the above comments and reviewing agency comments should be appropriately
addressed before this application may be scheduled for public hearings. Please feel free to
contact me with questions regarding this application.
Sincerely,
Candice E. Perkins
Planner 11
CEP /bad
Frederick County, VA
Location in the County
Rezoning
REZ # 18 - 06
Application
Woodside
Commercial
Center
Parcel ID:
33- A -124A
0 Application
Long Range Land Use
D Lakes/Ponds
Rural Community Center
«- Streams
Residential
Topography (5' interval)
"` Business
sla Buildings
eyto Industrial
Sheets
Institutional
4 %, Primary
v+/ Recreagon
v Secondary
® Historic
'�. Tara.,
® Mixed -Use
AGF ginnels
® Planned Unit Development
40 South Frederick District
4 11 1 ' Double Church District
® Rod Bud O',strict
Map Features
Location in Surrounding Area
-
in co 0 0 125 250 50N1 Set
Frederick County, VA
Rezoning
REZ #18 -06
Application
Woodside
Commercial
Location in the county
Center
Parcel ID:
33- A -124A
• Application
Zoning
O Lakes /Ponds
B1 (Business, Neighborhood District)
+ Streams
B2 (Business, General District)
Topography (5 interval)
B3 (Business, Industrial Transition District)
w Buildings
EM (E #mcnve Manufacturing District)
Streets
HE (Higher Education District)
'1 Primary
M1 (Industrial, Light District)
v Secondary
® M2 (industrial, Geneal District)
�. Terciary
• MH1 (Mobile Home Community District)
AGF Districts
• MS (Medical Support District)
� South Frederick District
all R4 (Residential, Planned Community District
• Double Church District
• R5 (Residential Recreational Community Die
Red Bud District
RAZ (Rural Area Zone)
RP (Residential Pertormance District)
Map Features
Location in Surrounding Area
tK C(
0 125
250
50Pee1
w
K
Location in Surrounding Area
Frederick County, VA
Rezoning
REZ #18 -06
Application
Woodside
Commercial
Center
Parcel ID:
Location in the County 33 - A - 124A
Map Features
• Application
6 LakeslPOntls
Streams
�. Topography(Sintersal)
Buildings
Streets
4 Primary
Secondary
'�. Tertiary
AGF Districts
South Fretlarick District
® Double Church District
® Red Bud District
A
Location in Surrounding Area
Z ,LR q
� 0 125 250 Gg peet
0 0
11
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
be completed by Planning
ring Amendment Number
Hearing Date /4-/12 a 6
Fee Amount Paid $ 8 ��
Date Received
BOS Hearing Date ! -
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: GreyWolfe, Inc. Telephone: 540- 667 -2001
•
Address: 1 o73 ge(jh d Road
Winchester Virginia 22603
2. Property Owner (if different than above)
Name: SilverWolfe, LLC
Telephone: 540 - 667 -2001
Address: 1073 Redbud Road
Winchester Virginia 22603
•
3. Contact person if other than above
Name: Gary R. Oates, LS -B, PE Telephone: 540 -667 -2001
4. Checklist: Check the following items that have been included with this application.
Location map
Plat
Deed to property
Verification of taxes paid
11
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
0
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Gary Rodney Oates and Gary Kenzel Oates
6. A) Current Use of the Property: Agricultural
B) Proposed Use of the Property: Industrial Transition (B -3 zoning uses)
7. Adjoining Property:
PARCEL ID NUMBER
• 33 -(A) -1258 & 33 -(A) -126
33 -(A) -129
33 -(A) -131
33- (A) -124D
33 -(A) -1248 & 33- (A) -124C
33 -(A) -125 & 33- (A) -125A
USE
Residential
Agriculture
Agriculture
Residential
Residential
Residential
ZONING
RA
RA
RA
RA
RA
RA
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
Located on the east side of Route 11 and +/- 3000' north of Rte 672 (Hopewell_
Road) also known as exit 321 of Interstate 81.
•
12
0
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification /Location: Parcel Identification Number 33- (A) -124A
Districts
•
Magisterial:
Fire Service:
Stonewall
Clearbrook
Rescue Service: Clearbrook
High School: James Wood
Middle School: James Wood
Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested
8.835
RA
B -3
8.835
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed :
Number of Units Proposed
Single Family homes: 0 Townhome: 0
Non - Residential Lots: 0 Mobile Home: 0
Multi- Family:
Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
n
LJ
Restaurant:
Warehouse:
Other: 75,000
13
11
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the road
right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): ' Xi ' , 1Vc" CLcc /S. nt
• Owner(s): t�
•
Date: // -
Date:
Date: / 9- o �
Date: 11-7-dc
14
9
•
•
0
Adjoining Property Owners
Rezoning
lJ
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right -of -way, a private right -of -way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name Elaine F. MaGee
3703 Martinsburg Pike
Clearbrook, VA 22624
Property # 33- (A) -125A
Name Deborah D. Swimley
P.O. Box 10
Clearbrook, VA 22624
Property # 33 -(A -1256
Name Everett L. Caton
2060 Cedar Hill Road
Clearbrook, VA 22624
Property # 33 -(A) -126
Name James & Carolyn Stimmel
3446 Old Charlestown Road
Berryville, VA 22611
Property # 33 -(A) -129 & 33 -(A) -131
Name Jack F. Robinson
2140 Woodside Road
Clearvbrook VA 22624
Property # 33 -(A) -1246
Name O -N Minerals (Chemstone)
P.O. Box 71
Strasburg, VA 22657
Property # 34- (A) -11A
Name Frederick A. & Un H. Stronko
3656 Martinsburg Pike
Clearbrook, VA 22624
Property # 33- (A) -124D
Name MOHEBATULLAH VAHIDI
794 Center Street
Herndon, VA 20170
Property # 33 -(A) -125
Name
Property #
15
E
. PINE KNOLL CONSTRUCTION CO., INC..
210 EBERT RD. WINCHESTER, VA 22603
PHONE 540. 6673092 FAX 540 -667 -3263
1- 800. 6643092
GreyWolfe, Inc.
1073 Redbud Road
Winchester, VA 22603
Phone (540) 667 -2001
Re: Route 11 North Improvements
Dear Sir:
November 14, 2006
I have reviewed the attached spreadsheet and agree the dollar amounts associated with each
construction task appears realistic. I would caution that a final set of construction drawings, showing all
improvements, would be necessary before an exact bid could be given. However, the numbers you
have shown are a very close approximation of the cost.
Pine Knoll Construction would be pleased to offer a proposal for this project when engineered
road plans are available.
Thank you,
Jeffery G. Jenki s
Pine Knoll Construction, Inc.
0
I1 L
Route 11 Widening
Length
Width
Area (sf)
Value per sf
Total
Land (Right of Way)
13,500
10
135,000
$3.00
$405,000.00
Demolition of Center Lane
13,500
12
162,000
$1.25
$202,500.00
Landscaping
13,500
12
162,000
$1.00
$162,000.00
Curb & Gutter (4 runs)
13,500
4
$12.50
$675,000.00
Grading
13,500
30
405,000
$1.00
$405,000.00
15" Stone Base
13,500
30
405,000
$1.75
$708,750.00
6" Pavement
13,500
24
324,000
$2.50
$810,000.00
Traffic Control Allowance
$25,000.00
Storm Sewer Allowance
$60,000.00
Admin Allowance
$15,000.00
Mobilization Allowance
$15,000.00
E &S Allowance
50 000.00
Total
$3,533,250.00
Interchange
Land
78,500
$6.00
$471,000.00
Road Improvements
$925,000.00
Traffic Light
5175.000.00
Total
$1,571,000.00
Road
Improvemts Total per Eastern Road Plan
Potential Land for Rezoning
Acres
Use
Trips per Acre
Total
Commercial
230
Business Park
149.79
34,452
Industrial
518
General Light
51.8
26.832
Industrial Park
Total
61,284
Eastern Road Plan
Improvements
$5,104,250.00
Total VPD's
61,284
Cost per Vehicle
$83.29
+20% Contingency
16.66
$99.95
1 Total Cost per Vehicle
0 0
Dear Board of Supervisors,
My name is Doug Brill and I own the Clearbrook Shopping Center. I am aware of
the commercial rezoning request by Mr. Oates and I encourage you to vote for it.
Frederick County needs more commercial development to offset the expenses from the
many subdivisions that have been built over the last few years. Without more businesses,
the taxes would have to increase to support all of these families.
h axt j t ��� /o {' `. "
Doug Brill
Clearbrook Shopping Center
0 0
HMC, LP, LLP
920 Hopewell Road
Clear Brook, VA 22624
Frederick Board of Supervisors:
My family farms considerable acreage in the Clear Brook area and we have seen
many changes over the years. I have discussed this rezoning with Rodney Oates and
understand the impacts, both positive and negative, of this rezoning. We are in favor of
this request. I think this County needs more rezonings to bring in businesses and fewer
that bring in more houses and create the need for schools. Please approve the rezoning for
our area.
hn David Cline
HMC, LP, LLP
0 0
To Whom It May Concern:
I own the 16 acre parcel zoned B -3 across from the SilverWolfe
property in Clearbrook. I want to say that I am in support of his rezoning
request. I think Clearbrook will be a thriving commercial and industrial
corridor someday and we need to start getting this area ready for the
businesses and industries by having the land rezoned and ready for the
development.
j/
• •
To the Frederick County Board of Supervisors and the Planning Commission:
I own a farm across the road of this rezoning. I support this rezoning and
understand the impacts to the area. I feel this commercial development will benefit Clear
Brook and Frederick County.
Charles W. Omdoff, Sr.
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COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, Planner II A
RE: Woodside Commercial Center Rezoning (RZ #18 -06)
DATE: February 6, 2007
At your December 20, 2006 meeting, the public hearing for the Woodside Commercial Center
rezoning was held and the application was tabled for up to 90 days. At this meeting, questions were
raised regarding the applicant's proffer that pertained to the monetary contribution for road
improvements. The proffer stated the following:
The applicant has proffered $100 per "Average Vehicle Trip Ends on a Weekday ", as defined
by the current edition of the Institute of Transportation Engineers Trip Generation Handbook
at the time of development, generated by the Woodside Commercial Center for road
improvements and right of way acquisition in the Clearbrook area. The trip generation data
will be submitted to the Virginia Department of Transportation and the Frederick County
Planning Department for review with each site plan submission. The proffer shall be paid to
the Treasurer of Frederick County prior to final site plan approval. This site may have
multiple site plans and each shall pay accordingly prior to their site plan approval by
Frederick County.
The Planning Commission requested that the Planning Staff evaluate the proposal and establish a
baseline for minimum monetary contributions that could be used as a guideline until a formal policy
was established. Commissioners believed it would be beneficial for all parties involved to discuss a
strategy for this type of situation in order to guide decision makers in the future.
The Woodside Commercial Center Rezoning application will be discussed at your February 21, 2007
meeting and staff will be prepared to discuss the applications proposed monetary contribution,
including the pros and cons of the concept.
Please contact me if you have any questions on the content or procedures described in this memo.
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
REZONING APPLICATION #18 -06
WOODSIDE COMMERCIAL CENTER
Staff Report for the Planning Commission
Prepared: February 5, 2007
Staff Contact: Candice E. Perkins, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and 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.
Reviewed
Action
Planning Commission: 12/20/06
Tabled for up to 90 days
South:
(Public Hearing Held)
02/21/07
Pending
Board of Supervisors: 03/14/07
Pending
PROPOSAL To rezone 8.835 acres from the RA (Rural Areas) District to the 133 (Industrial
Transition) District with proffers, for commercial and industrial uses.
LOCATION The property is located on the east side of Route 11, approximately 3,000 feet north of
Hopewell Road (Route 672).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS: 33- A -124A
PROPERTY ZONING RA (Rural Areas) District.
PRESENT USE Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RA (Rural Areas)
Use:
Agricultural
South:
RA (Rural Areas)
Use:
Residential
East:
RA (Rural Areas)
Use:
Residential
West:
RA (Rural Areas)
Use:
Residential
EM (Extractive Manufacturing)
Use:
Industrial and Vacant
• 0
Rezoning # 18 -06 — Woodside Commercial Center
February 5, 2007
Page 2
PROPOSED USES Commercial and industrial
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Under the Transportation Proffers offered, VDOT is agreeable
with Proffers A, B, C, D and F. Under Item E, which calls for a prorata signalization agreement, the
Residency would prefer a significant lump sum contribution to Frederick County towards the Route
672 /11 intersection improvements. As part of our report to the County, we will have to note
"The Conclusion" as stated in your TIA: The intersection of Route 11, Hopewell Road and Brucetown
Road will maintain unacceptable level of service during the 2010 background and buildout conditions.
While the report suggests signalization and separate east bound right turn lanes would improve the level
of service to "C" or better, due to current right -of -way restraints, these improvements are not possible.
Therefore, it will be the County's decision whether they wish to approve this rezoning and thereby
adding additional traffic to this already failing intersection.
Staff Note: A revised VDOT comment has not been received.
Fire Marshal Plan approval recommended.
Clearbrook Fire & Rescue: 1. Proffers if possible. 2. No comments unless noted by Fire Marshall.
Public Works Department: We have completed our review of the rezoning application for the
Woodside Commercial Center and offer the following comments: 1. Refer to the Impact Statement,
Page 1, Introduction: The introduction indicates that the applicant is seeking a change in zoning from
RA to Ml. However, the rezoning application form, paragraph 10 indicates the rezoning requested is
B3. This conflict should be resolved. 2. Under Solid Waste Disposal, Page 2, Impact Analysis:
Indicate the estimated amount of solid waste generated by 75,000 square feet of commercial
development. 3. Provide a category titled geology or include a discussion about the karst environment
under Soils category, page 3. Several years ago, we observed the development of a sinkhole on the
Robinson property, lot 33- A -124B. The sinkhole was located just off the gravel driveway in the
southwest corner of the property. Sinkhole development is typical of karst geology and may be more
prevalent when located near an existing quarry with the potential for a dramatic rise and fall ofthe water
table.
Frederick - Winchester Service Authority No comments.
Sanitation Authority Water and sewer capacity is available to this site.
Frederick- Winchester Health Department: No objection — public water and sewer required.
Frederick County Public Schools: Based on the information provided that states no residential units
will be part of the rezoning, there will be no impact to the school population upon buildout.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it
0 0
Rezoning #18 -06 — Woodside Commercial Center
February 5, 2007
Page 3
will not impact operations at the Winchester Regional Airport.
Parks and Recreation: No comment.
Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meet
the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the
following comments: 1. With respect to Proffers 1(b) and (c), these proffers, as written would not
necessarily result in the subject road improvements being constructed prior to any final occupancy
permit. Accordingly, I would recommend that the words "or bonded" be deleted from both of the
proffers. 2. In Proffer 1(e), the words "to dedicate" should be inserted after the word "proffers" in the
first and second sentence.. 3. With respect to Proffer 1(f), the Staff needs to determine whether this is a
satisfactory monetary proffer as worded. I assume that the concept here is that when a site plan is
submitted for a given use on the Property, that given use, with the square footage of the structure, would
enable the "Average Vehicle Trip Ends on a Weekday" to be determined from the Handbook, and the
amount of the proffer thereby calculated. Further, the purpose of the proffer should be modified. The
word "maintenance" should be deleted, as it is not the proper subject for a cash proffer. It would also
be preferable if the proffer provided more flexibility to the County by providing that the proffer would
be "for road improvements and right -of -way acquisition in the Route 11 and Route 672 corridors in the
Clearbrook area ". 4. Proffer 3 should be modified to read "The Applicant hereby proffers that the
combined floor area for buildings on the site shall not exceed 75,000 square feet ". 5. The first line of
Proffer 4 should be modified to read "The Applicant hereby proffers that the following uses shall be
prohibited on the property ". Further, Staff needs to determine whether item a is clear and whether it is
in conflict with Proffer 5. 6. In Proffer 7, Staff needs to determine whether the clause "with a
residential use at the time of site plan approval" at the end of the proffer is advisable. 7. In Proffer 8(b),
the last sentence should be deleted. Entrances and fire lanes would not constitute parking lots, unless
parking is intended to be permitted in the entrances and fire lanes, which would appear to be
inconsistent with the intent of the proffer. As previously noted, I have not reviewed the substance of the
proffers as to whether other proffers would be appropriate, as it is my understanding that that review
will be done by the staff and the Planning Commission.
Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board
(HRAB) considered this rezoning proposal during their meeting of July 18, 2006. The HRAB reviewed
information associated with the Frederick County Rural Landmarks Survey Report the Virginia
Department of Historic Resources, as well as information provided by the applicant. The HRAB felt
that the proffers associated with historic preservation and recognition were adequate and did not request
any changes to the proposed rezoning.
Planning Department: Please see attached letter dated October 18, 2006 from Candice E. Perkins,
Planner R
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject
parcel as being zoned A -2 (Agricultural General). The County's agricultural zoning districts
Rezoning #18 -06 —Woodside Commercial Center
February 5, 2007
Page 4
were subsequently 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
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy 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 in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use
The parcel comprising this rezoning application is located within the County's Sewer and Water
Service Area (S W SA) and the site is within the limits of the Northeast Land Use Plan. The plan
designates this site for industrial uses. The plan further states that "Industrial land uses are
proposed adjacent to the railroads in the southern and northern portions of the study area.
Proposed industrial land uses should be developed within master planned areas which
discourage individual lot access on the Martinsburg Pike (Route 11 North) corridor. Industrial
land uses should be adequately screened from adjoining land uses to mitigate visual and noise
impacts. Furthermore, industrial land uses should be planned to provide greater setbacks and
buffer and screening along Martinsburg Pike to enhance the appearance of the corridor"
(Comprehensive Policy Plan 6- 38.2).
The B3 (Industrial Transition) Zoning district is a heavy business district. As stated in the
Frederick County Zoning Ordinance, "the intent of this district is to provide for heavy
commercial activities, involving larger scale marketing or wholesaling, in locations that are
separate from but in the vicinity of business and industrial areas".
The B3 Zoning District could be generally consistent with the industrial land use planned for
this site in the Northeast Land Use Plan, so long as many of the commercial uses allowed in the
B3 District are prohibited from this site. While the B3 district allows certain lighter industrial
uses also allowed in the Ml (warehousing, wholesaling, ) the B3 district also allows for a
variety of B2 uses that would not be consistent with the industrial designation called for in the
Comprehensive Plan (general offices, amusement and recreational services operated indoors,
garden supply /retail nurseries).
Transportation
The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed
industrial and commercial development. This proposed rezoning application does not provide
for this minimum Level of Service.
The Northeast Land Use Plan ( NELUP) and the Eastern Road Plan call for Martinsburg Pike to
be improved to a four -lane facility. The NELUP also states that proposed industrial and
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Rezoning #18-06 — Woodside Commercial Center
February 5, 2007
Page 5
commercial development should only occur if impacted roads function at Level of Service
(LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-
term designated route.
Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered that only one entrance
shall be permitted on Martinsburg Pike and only two entrances will be permitted on Woodside
Road.
3) Site Suitability/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands.
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the only
soil type present on this site is Oaklet silt loam ( #32B). This soil type is considered prime farm
land. The characteristics of this soil type are manageable for development following the
Virginia Erosion and Sediment Control Practices.
This area is also known for karst topography. Immediately to the east of this project is a
limestone quarry. Soil borings and review by a geotechnical engineer is advised.
4) Potential Impacts
A. Transportation
The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed
industrial and commercial development. This proposed rezoning does not provide that
minimum Level of Service.
A traffic impact analysis (TIA) was prepared for this application using composite data collected
from other studies in the area as well as actual traffic counts. The County's rezoning application
requires applicants to model the worst possible scenario based on the use of the site. The TIA
for the Woodside Commercial Center was based on 75,000 square feet of retail; the worst case
scenario was modeled with this application.
The Conclusions from the Transportation Impact Analysis (TIA) state that the following
improvements are required to maintain the appropriate Level of Service C:
• Route 11 J Hopewell RoadBrucetown Road: Traffic signalization along with dedicated
left and right -turn lanes in the eastbound direction, dedicated left and right -turn lanes in
the northbound direction, dedicated left and right -turn lanes in the southbound direction,
and a dedicated right -turn lane in the westbound direction will be required to maintain
acceptable levels of service during background and build -out conditions
Staff Note: These improvements have not been proffered by the applicant. This
application is not proposing to make any improvements, but provides $100 per
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Rezoning #18 -06 —Woodside Commercial Center
February 5, 2007
Page 6
"average vehicle trip ends on a weekday" which will be for road improvements and
right -of -way acquisition in the Clearbrook area; which will be paid to the Treasurer of
Frederick County prior to final site plan approval. This proposed "pot of funds" does
not solve any of the problems associated with this intersection. In fact, as proposed,
the site could be developed without road improvements, severely impacting the road
network. Also, at this time, it is unclear if the right -of -way is available to expand this
intersection and the amount of funds necessary for the improvements is questionable.
• Route 11 / Woodside Road: Traffic signalization will be required to maintain
acceptable levels of service during build -out conditions.
Staff Note: This improvement has not been proffered by the applicant.
• Site Driveway#1 / Route 11: This intersection will require a shared westbound
thru/right lane, dedicated northbound thru and right lanes, and dedicated southbound
thru and left lanes to maintain acceptable levels of service during build out conditions.
Staff Note: The applicant is constructing an additional 12 foot lane along Martinsburg
Pike.
• Site Driveway #2 / Woodside Road: This intersection will require a shared eastbound
thru/right lane, a shared westbound thm/left lane, and a shared northbound left/right lane
to maintain acceptable levels of service during build -out conditions.
Staff Note: These improvements have not been proffered by the applicant.
• Site Driveway #3 / Woodside Road: This intersection will require a shared eastbound
thru/right lane, a shared westbound thm/left lane, and a shared northbound left/right lane
to maintain acceptable levels of service during build -out conditions.
Staff Note: These improvements have not been proffered by the applicant.
B. Sewer and Water
The FCSA has a six inch sewer force main along Route 11. This development is expected to
generate 500 gallons /day /acre for a total of 4,418gpd. The applicant will build a sewer pump
station to be dedicated to the FCSA if the Authority deems it necessary; otherwise individual
grinder pumps will be installed and maintained privately.
The FCSA has a 12 inchwater main along Route 11. This development is expected to generate
1000 gallons /day /acre for a total of 8,835gpd.
C. Community Facilities
In recognition of the impacts that may be realized by the community to the Fire and Rescue
Services, the applicant has proffered a contribution in the amount of $0.10 per building square
foot to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan
approval.
5) Proffer Statement — Dated June 13, 2006 (Revised January 26, 2007)
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Rezoning #18 -06 —Woodside Commercial Center
February 5, 2007
Page 7
1. Transportation
Access to the property from Martinsburg Pike (Route 11) shall be limited to one commercial
entrance. Access to the property from Woodside Road (Route 671) shall be limited to two
commercial entrances.
The applicant will construct a 12 foot lane onto Route 11 along the site road frontage ( +/- 650').
This lane will be constructed prior to receiving final occupancy permits on site.
The applicant proffers to dedicate an additional 10 foot strip of land to the
Commonwealth of Virginia and to pave a 12 foot lane along the entire frontage of
Woodside Road when traffic count from this project reaches or exceeds 2,815 trips per
day or upon request by Frederick County. The appliearA proff to pa-v Woodside De° ,
( R 6^71) f D .
e,te 1 1 l ong he read txmaoc o� xTxx oxxx xmacc x x a the xv a¢ xx oxxa[gc of thi pareel of apprE3£1rTla4e 1639'. T P.
apprei e tiee s ite plans are s.,h.....itteA This will he b prior to reeei my final e eetipaney
p ermit s s ite.
Upon construction of a state approved entrance onto Martinsburg Pike, the applicant
hereby proffers to designate one inter - parcel connection along the southern boundary.
eenn eet i en,A411 he s he.. n on the M D Dl„„
A ten foot strip of land will be dedicated along the entire frontage ofproperty along Martinsburg
Pike. A strip of land 25 feet in width will be dedicated from the centerline of Woodside Road
along the entire frontage of the property.
The applicant proffers a 20 foot drainage, pedestrian and utility easement along the
frontage of Martinsburg Pike to Frederick County. The applicant will retain the right to
place the proffered split rail fence and monument sign within this easement.
The applicant has proffered $100 per "Average Vehicle Trip Ends on a Weekday ", as defined
by the current edition of the Institute of Transportation Engineers Trip Generation
Handbook at the time of development, generated by the Woodside Commercial Center for
road improvements and right of way acquisition in the R 11 an d ne..te 672 (ue ell
Read) e,._..ide -,, in the Fear Brook area - in the Clearbrook area. The trip generation data will be
submitted to the Virginia Department of Transportation and the Frederick County Planning
Department for review with each site plan submission. The proffer shall be paid to the
Treasurer of Frederick County prior to final site plan approval. This site may have multiple site
plans and each shall pay accordingly prior to their site plan approval by Frederick County.
Staff Note: The applicant is proposing to provide money towards future improvements based
on vehicle trips that the site produces. At this time, it is unclear if the right -of -way is available
to expand this intersection and the amount of funds necessary for the improvements is
questionable. The proposedfunds do not solve any of the problems indicated in the TIA and
the proffered funds are not appropriate and do nothing to increase the level of service
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Rezoning #18 -06 - Woodside Commercial Center
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Page 8
necessaryforthisproject. Furthermore, it should be noted that transportationfunds offered
in proffers must be utilized within a limited time period; otherwise, thefunds are returned to
the applicant. This offers a challenge to the County as the County would need to fund the
rest of the necessary improvements, guaranteeing that the necessary improvements are
completed and proffered funds spent within a limited state code delineated time frame.
Under this scenario, if the rezoning is approved, the site may develop without the required
improvements and transportation network. The road network could be failing while the
site continues to develop.
2. Monetary Contributions - Fire & Rescue
The applicant has proffered a financial contribution of $0.10 per building square foot shall be
paid to Frederick County Fire and Rescue.
3. The applieanA has prafkred that the e0mbined building floor ar-ea Rn d;e site ql;all not ex-eeed
7c nn � The applicant proffers that the combined building floor area for the
following high - traffic uses of retail, restaurant, and indoor entertainment shall not exceed
a combined total of 75,000sf. All other uses allowed in the B -3 such as general office and
storage will not be limited.
4. The applicant has proffered that the following uses will be prohibited on the site:
Track Stops - Retail (SIC 5541)
Transportation by Air (SIC 45)
Rental of Railroad Cars (SIC 4741)
Mobile Home Dealers (SIC 5271)
Drive In- Motion Pictures (SIC 7833)
Staff Note: Recognizing that the Comprehensive Policy Plan calls for industrial uses on this
property, additional commercial type uses should be proffered out with this rezoning.
Commercial uses like general offices, amusement and recreational services operated indoors
should be eliminated from this development to ensure the intent of the Comprehensive Plan is
implemented. The applicant has only limited the square footage of retail, restaurant and indoor
entertainment to 75,000sf,• the previous proffer statement limited the entire site to 75,000sf and
limited recreational services operated indoors to only 10,000sf.
5. The applicant hereby proffers the following conditions to "Automobile Service Stations -
Retail" as defined in SIC 5541.
-Only one business will be permitted to have retail fuel pumps.
-The total number of pumps will be limited to twelve or fewer.
- Diesel fuel will be restricted to two pumps or fewer and must be located
with other pumps. Diesel fuel sales to "over -the -road trucks" will be
prohibited.
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Rezoning #18 -06 — Woodside Commercial Center
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Page 9
The applicant proffers to install an additional row of evergreen trees for a total of four rows
in all areas required to have a full screen zoning buffer per the Frederick County Zoning
Ordinance at the time of site plan approvals.
7. Corridor Enhancements to be completed prior to the first occupancy permit.
The applicant has proffered to construct a split rail fence along the road frontage.
The applicant will not allow any parking lots outdoor storage, or driving lanes to be constructed
between the buildings and Route 11. This applies only to the building nearest to Route 11 and
not inside the park. Any required fire lanes within this area will be grass paved.
One monument style sign will be permitted along Route 11 that displays the parks name and
tenants; this sign will not exceed 12 feet in height and 100sf in area. Freestanding signage
between the buildings and Route 11 (other than the monument sign) will be prohibited.
The applicant will restrict each business facing Route 11 to a sign mounted on the building not
to exceed eight square feet.
The applicant will require each building fagade along Route 11 to be constructed of wood,
vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business
park and on all sides not facing Route 11.
STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING:
The land use proposed in this rezoning could be consistent with the Northeast Land Use Plan if a
number of inappropriate uses are prohibited on the site. Staff would recommend that the applicant
consider prohibiting by proffer certain B3 uses which have a more commercial use to ensure that the
goals of the NELUP are implemented. More importantly, this application fails to address and mitigate
the transportation impacts associated with the proposal. Elements of the rezoning application have been
identified that should be carefully evaluated to ensure that they fully address the goals of the County.
Specifically, the applicant should be mitigating the impacts identified in their TIA. The applicant
should be prepared to address theses issues prior to a recommendation by the Planning Commission.
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PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/20/06 MEETING
The Planning Staff pointed out a number of transportation improvements called for by the applicant's
TIA; however, the applicant had offered to provide a monetary contribution rather than actually
committing to constructing the suggested improvements. Referring to the $100 per vehicle trip
monetary proffer dedicated for transportation improvements and right -of -way acquisition, staff
commented that is unclear if the right -of -way is available to expand the intersection and if the amount
of funds provided would be sufficient. Staff noted that the proposed funds alone would not solve all of
the problems indicated in the TIA and would not increase the LOS necessary for the project;
furthermore, funds offered in the proffer must be utilized within a limited time period. In addition, the
staff pointed out that the B3 District allows for a variety of B2 uses that would not be consistent with
the industrial designation called for in the Comprehensive Policy Plan and it was suggested that uses
such as, general offices, amusement and recreational services, and gas stations be proffered out of the
rezoning request.
The Planning Director commented that although the $100 per vehicle trip offered is probably
appropriate, the staff has not yet studied the values. Under the scenario presented by the applicant, the
County Staff would have to be the designated proj ect managers and provide construction services to get
the projects constructed; the ramifications of doing so have not been studied.
The County's Transportation Engineer believed the applicant's approach was innovative in that it
attempted to address the fact that this one rezoning alone is rather small to address all of the
improvements that were needed and this was an offer of a solution to begin building a pot of funds. If
this was considered to be the way to handle this type of situation, the issue becomes one where the
emphasis is placed back on the County as the next rezoning along that corridor is considered. The key
trigger is whether or not that continued pattern will work as other rezoning petitions come in; otherwise,
this particular one will do very little on its own to address the needed impacts.
The applicant explained their calculations for the $100 per vehicle trip and how they estimated the cost
of widening Route 11 and the realignment of Hopewell and Brucetown Roads. The applicant pointed
out that since the value of their project would only pay for a fraction of the needed funds to re -align
Hopewell and Brucetown Roads, they offered their fair share of the cost. The applicant also gave
reasons why they believed the less- intensive industrial designation of B3 was more appropriate in this
area and functioned as a true transitional area between the EM -zoned property to the east and future
commercial uses to the west. The removal of square- footage limitations was requested by the applicant
so they could maximize the use of the property, since the traffic impact proffers were based on the
traffic generated. A revised proffer statement was provided. It included some additional uses to be
proffered out; it provided a list of restrictions to the floor area for several high -traffic generating uses; it
provided an architectural proffer for building exteriors facing Martinsburg Pike; and it offered a lump
sum cash proffer for the cost of asphalt and stone for a 600 -foot section of Woodside Road.
One adjoining property owner, at 3656 Martinsburg Pike, voiced his opposition during the public
comment portion of the hearing. His reasons for opposition were the increasing amounts of traffic that
made it difficult for him to exit his driveway and litter blowing into his yard from adjacent commercial
and industrial uses. He did not think the residents in the rural areas were being considered and he was
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Rezoning #18 -06 —Woodside Commercial Center
February 5, 2007
Page 11
opposed to placing the burden of constructing transportation improvements on the County because it
may result in increased taxes.
Recognizing that the County did not currently have a formulated policy on how rezoning petitions for
smaller parcels could contribute to an overall transportation improvement plan, the Planning
Commission requested that the Planning Staff evaluate the proposal and establish a baseline for
minimum monetary contributions that could be used as a guideline until a formal policy was
established. Commissioners believed it would be beneficial for all parties involved to discuss a strategy
for this type of situation in order to guide decision makers in the future. In addition, the revised proffer
submitted had not been reviewed by the Commission, the Staff, or the County Attorney.
The Commission voted unanimously to table the rezoning application to allow time for review of the
revised proffers and for the staff to have the opportunity to evaluate the applicant's proposal and to
establish a baseline for minimum contributions towards transportation improvements which could be
used when evaluating small -area rezoning applications in the future.
(Note: Commissioner Oates abstained; Commissioners Thomas and Watt were absent from the
meeting.)
STAFF CONCLUSIONS FOR 02/21/07 PLANNING COMMISSION MEETING:
The land use proposed in this rezoning could be consistent with the Northeast Land Use Plan if a
number of inappropriate uses are prohibited on the site. Staff would recommend that the applicant
consider prohibiting by proffer certain B3 uses which have a more commercial use to ensue that the
goals of the NELUP are implemented. More importantly, this application fails to address and mitigate
the transportation impacts associated with the proposal. Elements of the rezoning application have been
identified that should be carefully evaluated to ensure that they fully address the goals of the County.
Specifically, the applicant should be mitigating the impacts identified in their TIA. The applicant
should be prepared to address theses issues prior to a recommendation by the Planning Commission.
The required public hearing for this application was held on December 20, 2006.
A recommendation by the Planning Commission to the Board of Supervisors
concerning this rezoning application would be appropriate. The applicant should
be prepared to adequately address all concerns raised by the Planning Commission.
0 •
REZONING APPLICATION 918 -06
WOODSIDE COMMERCIAL CENTER
Staff Report for the Planning Commission
Prepared: December 4, 2006
Staff Contact: Candice E. Perkins, Planner Il
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and 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.
Reviewed Action
Planning Commission: 12/20/06 Pending
Board of Supervisors: 01/10/06 Pending
PROPOSAL To rezone 8.835 acres from the RA (Rural Areas) District to the 133 (Industrial
Transition) District with proffers, for commercial and industrial uses.
LOCATION The property is located on the east side of Route 11, approximately 3,000 feet north of
Hopewell Road (Route 672).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS: 33- A -124A
PROPERTY ZONING RA (Rural Areas) District.
PRESENT USE Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RA (Rural Areas)
Use:
Agricultural
South:
RA (Rural Areas)
Use:
Residential
East:
RA (Rural Areas)
Use:
Residential
West:
RA (Rural Areas)
Use:
Residential
EM (Extractive Manufacturing)
Use:
Industrial and Vacant
PROPOSED USES Commercial and industrial
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Rezoning #18 -06 — Woodside Commercial Center
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Page 2
1:7 D►�/ I xL�/�rL:L1I11:11 Y [I)►6�
Virginia Dept. of Transportation: Under the Transportation Proffers offered, VDOT is agreeable
with Proffers A, B, C, D and F. Under Item E, which calls for a prorata signalization agreement, the
Residency would prefer a significant lump sum contribution to Frederick County towards the Route
672 /11 intersection improvements. As part of our report to the County, we will have to note
"The Conclusion" as stated in your TIA: The intersection of Route 11, Hopewell Road and Brucetown
Road will maintain unacceptable level of service during the 2010 background and buildout conditions.
While the report suggests signalization and separate east bound right turn lanes would improve the level
of service to "C" or better, due to current right -of -way restraints, these improvements are not possible.
Therefore, it will be the County's decision whether they wish to approve this rezoning and thereby
adding additional traffic to this already failing intersection.
Fire Marshal Plan approval recommended.
Clearbrook Fire & Rescue: 1. Proffers if possible. 2. No comments unless noted by Fire Marshall.
Public Works Department: We have completed our review of the rezoning application for the
Woodside Commercial Center and offer the following comments: 1. Refer to the Impact Statement,
Page 1, Introduction: The introduction indicates that the applicant is seeking a change in zoning from
RA to Ml. However, the rezoning application form, paragraph 10 indicates the rezoning requested is
B3. This conflict should be resolved. 2. Under Solid Waste Disposal, Page 2, Impact Analysis:
Indicate the estimated amount of solid waste generated by 75,000 square feet of commercial
development. 3. Provide a category titled geology or include a discussion about the karst environment
under Soils category, page 3. Several years ago, we observed the development of a sinkhole on the
Robinson property, lot 33- A -124B. The sinkhole was located just off the gravel driveway in the
southwest corner of the property. Sinkhole development is typical of karst geology and may be more
prevalent when located near an existing quarry with the potential for a dramatic rise and fall of the water
table.
Frederick- Winchester Service Authority No comments.
Sanitation Authority Water and sewer capacity is available to this site.
Frederick- Winchester Health Department: No objection — public water and sewer required.
Frederick County Public Schools: Based on the information provided that states no residential units
will be part of the rezoning, there will be no impact to the school population upon buildout.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it
will not impact operations at the Winchester Regional Airport.
Parks and Recreation: No comment.
Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meet
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Rezoning #18 -06 — Woodside Commercial Center
December 4, 2006
Page 3
the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the
following comments: 1. With respect to Proffers 1(b) and (c), these proffers, as written would not
necessarily result in the subject road improvements being constructed prior to any final occupancy
permit. Accordingly, I would recommend that the words "or bonded" be deleted from both of the
proffers. 2. In Proffer 1(e), the words "to dedicate" should be inserted after the word "proffers" in the
first and second sentence. 3. With respect to Proffer 1(f), the Staff needs to determine whether this is a
satisfactory monetary proffer as worded. I assume that the concept here is that when a site plan is
submitted for a given use on the Property, that given use, with the square footage of the structure, would
enable the "Average Vehicle Trip Ends on a Weekday" to be determined from the Handbook, and the
amount of the proffer thereby calculated. Further, the purpose of the proffer should be modified. The
word "maintenance" should be deleted, as it is not the proper subject for a cash proffer. It would also
be preferable if the proffer provided more flexibility to the County by providing that the proffer would
be "for road improvements and right -of -way acquisition in the Route 11 and Route 672 corridors in the
Clearbrook area ". 4. Proffer 3 should be modified to read "The Applicant hereby proffers that the
combined floor area for buildings on the site shall not exceed 75,000 square feet ". 5. The first line of
Proffer 4 should be modified to read "The Applicant hereby proffers that the following uses shall be
prohibited on the property ". Further, Staff needs to determine whether item a is clear and whether it is
in conflict with Proffer 5. 6. In Proffer 7, Staff needs to determine whether the clause "with a
residential use at the time of site plan approval' at the end of the proffer is advisable. 7. In Proffer 8(b),
the last sentence should be deleted. Entrances and fire lanes would not constitute parking lots, unless
parking is intended to be permitted in the entrances and fire lanes, which would appear to be
inconsistent with the intent of the proffer. As previously noted, I have not reviewed the substance of the
proffers as to whether other proffers would be appropriate, as it is my understanding that that review
will be done by the staff and the Planning Commission.
Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board
(HRAB) considered this rezoning proposal during their meeting of July 18, 2006. The HRAB reviewed
information associated with the Frederick County Rural Landmarks Survey Report the Virginia
Department of Historic Resources, as well as information provided by the applicant. The HRAB felt
that the proffers associated with historic preservation and recognition were adequate and did not request
any changes to the proposed rezoning.
Planning Department: Please see attached letter dated October 18, 2006 from Candice E. Perkins,
Planner H.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject
parcel as being zoned A -2 (Agricultural General). The County's agricultural zoning districts
were subsequently 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
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
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Rezoning 418-06 — Woodside Commercial Center
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Page 4
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy 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 in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. I -]J
Land Use
The parcels comprising this rezoning application are located within the County's Sewer and
Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan.
The plan designates this site for industrial uses. The plan further states that "Industrial land uses
are proposed adjacent to the railroads in the southern and northern portions of the study area.
Proposed industrial land uses should be developed within master planned areas which
discourage individual lot access on the Martinsburg Pike (Route 11 North) corridor. Industrial
land uses should be adequately screened from adjoining land uses to mitigate visual and noise
impacts. Furthermore, industrial land uses should be planned to provide greater setbacks and
buffer and screening along Martinsburg Pike to enhance the appearance of the corridor"
(Comprehensive Policy Plan 6- 38.2).
The B3 (Industrial Transition) Zoning district is a heavy business district. As stated in the
Frederick County Zoning Ordinance, "the intent of this district is to provide for heavy
commercial activities, involving larger scale marketing or wholesaling, in locations that are
separate from but in the vicinity of business and industrial areas ".
The B3 Zoning District could be generally consistent with the industrial land use planned for
this site in the Northeast Land Use Plan, so long as many of the commercial uses allowed in the
B3 District are prohibited from this site. While the B3 district allows certain lighter industrial
uses also allowed in the Ml (warehousing, wholesaling, ) the B3 district also allows for a
variety of B2 uses that would not be consistent with the industrial designation called for in the
Comprehensive Plan (general offices, amusement and recreational services operated indoors,
garden supply /retail nurseries).
Transportation
The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed
industrial and commercial development. This proposed rezoning application does not provide
for this minimum Level of Service.
The Northeast Land Use Plan ( NELUP) and the Eastern Road Plan call for Martinsburg Pike to
be improved to a four -lane facility. The NELUP also states that proposed industrial and
commercial development should only occur if impacted roads function at Level of Service
(LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-
term designated route.
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December 4, 2006
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Site Access
The Northeast Land Use Plan states that individual access to industrial sites should be
discouraged along Martinsburg Pike. This development has proffered that only one entrance
shall be permitted on Martinsburg Pike and only two entrances will be permitted on Woodside
Road.
3) Site Suitability/Environment
The site does not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands.
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the only
soil type present on this site is Oaklet silt loam (0213). This soil type is considered prime farm
land. The characteristics of this soil type are manageable for development following the
Virginia Erosion and Sediment Control Practices.
This area is also known for karst topography. Immediately to the east of this project is a
limestone quarry. Soil borings and review by a geotechnical engineer is advised.
4) Potential Impacts
A. Transportation
The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed
industrial and commercial development. This proposed rezoning does not provide that
minimum Level of Service.
A traffic impact analysis (TIA) was prepared for this application using composite data collected
from other studies in the area as well as actual traffic counts. The County's rezoning application
requires applicants to model the worst possible scenario based on the use of the site. The TIA
for the Woodside Commercial Center was based on 75,000 square feet of retail; the worst case
scenario was modeled with this application.
The Conclusions from the Transportation Impact Analysis (TIA) state that the following
improvements are required to maintain the appropriate Level of Service C:
• Route 11 / Hopewell Road/Brucetown Road: Traffic signalization along with dedicated
left and right -turn lanes in the eastbound direction, dedicated left and right -turn lanes in
the northbound direction, dedicated left and right -turn lanes in the southbound direction,
and a dedicated right -turn lane in the westbound direction will be required to maintain
acceptable levels of service during background and build -out conditions
Staff Note: These improvements have not been proffered by the applicant. This
application is not proposing to make any improvements, but provides $100 per
"average vehicle trip ends on a weekday" which will be for road improvements and
right of way acquisition on Route 11 and Route 672; which will be paid to the
Treasurer of Frederick County prior to final site plan approval. This proposed "pot
of funds" does not solve any of the problems associated with this intersection. In fact,
Rezoning #18 -06 —Woodside Commercial Center
December 4, 2006
Page 6
as proposed the site could be developed without road improvements, severely
impacting the road network. Also, at this time it is unclear if the right -of -way is
available to expand this intersection and the amount of funds necessary for the
improvements is questionable.
• Route 11 / Woodside Road: Traffic signalization will be required to maintain
acceptable levels of service during build -out conditions.
Staff Note: This improvement has not been proffered by the applicant.
• Site Driveway#1 / Route 11: This intersection will require a shared westbound
thru/right lane, dedicated northbound thru and right lanes, and dedicated southbound
thru and left lanes to maintain acceptable levels of service during build out conditions.
Staff Note: The applicant is constructing an additional 12' lane along Martinsburg
Pike.
• Site Driveway #2 / Woodside Road: This intersection will require a shared eastbound
thru /right lane, a shared westbound thru/left lane, and a shared northbound left/right lane
to maintain acceptable levels of service during build -out conditions.
Staff Note: These improvements have not been proffered by the applicant.
• Site Driveway #3 / Woodside Road: This intersection will require a shared eastbound
thru/right lane, a shared westbound thru/left lane, and a shared northbound left/right lane
to maintain acceptable levels of service during build -out conditions.
Staff Note: These improvements have not been proffered by the applicant.
B. Sewer and Water
The FCSA has a six inch sewer force main along Route 11. This development is expected to
generate 500 gallons /day /acre for a total of 4,418gpd. The applicant will build a sewer pump
station to be dedicated to the FCSA if the Authority deems it necessary; otherwise individual
grinder pumps will be installed and maintained privately.
The FCSA has a 12" water main along Route 11. This development is expected to generate
1000 gallons /day /acre for a total of 8,835gpd.
C. Community Facilities
In recognition of the impacts that may be realized by the community to the Fire and Rescue
Services, the applicant has proffered a contribution in the amount of $0.10 per building square
foot to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan
approval.
5) Proffer Statement — Dated June 13, 2006 (Revised November 9, 2006)
A. Transportation
Access to the property from Martinsburg Pike (Route 11) shall be limited to one commercial
entrance. Access to the property from Woodside Road (Route 671) shall be limited to two
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commercial entrances.
The applicant will construct a 12' lane onto Route 11 along the site road frontage ( +/- 650').
This lane will be constructed prior to receiving final occupancy permits on site.
The applicant proffers to pave Woodside Road (Route 671) from Route 11 along the road
frontage of this parcel of approximately 650'. The final typical section including width and
pavement section will be subject to VDOT review and approval once site plans are submitted.
This will be built prior to receiving any final occupancy permits on site.
The applicant proffers to provide one Interparcel connection along the southern boundary. This
connection will be shown on the Master Development Plan.
A ten foot strip of land will be dedicated along the entire frontage ofproperty along Martinsburg
Pike. A strip of land 25' in width will be dedicated from the centerline of Woodside Road along
the entire frontage of the property.
The applicant has proffered $100 per "Average Vehicle Trip Ends on a Weekday ", generated by
the Woodside Commercial Center for road improvements and right of way acquisition in Route
11 and Route 672 (Hopewell Road) corridors in the Clear Brook area. The trip generation data
will be submitted to the Virginia Department of Transportation and the Frederick County
Planning Department for review with each site plan submission. The proffer shall be paid to the
Treasurer of Frederick County prior to final site plan approval. This site may have multiple site
plans and each shall pay accordingly prior to their site plan approval by Frederick County.
Staff Note: The applicant is proposing to provide money towards future improvements
based on vehicle trips that the site produces. At this time, it is unclear if the right -of -way is
available to expand this intersection and the amount of funds necessary for the improvements
is questionable. The proposed funds do not solve any of the problems indicated in the TIA
and the proffered funds are not appropriate and do nothing to increase the level of service
necessary for this project. Furthermore, it should be noted that transportation funds
offered in proffers must be utilized within a limited time period; otherwise the funds are
returned to the applicant. This offers a challenge to the County as the County would need
to fund the rest of the necessary improvements, guaranteeing that the necessary
improvements are completed and proffered funds spent within a limited state code
delineated time frame.
Under this scenario, if the rezoning is approved, the site may develop without the required
improvements and transportation network. The road network could be failing while the
site continues to develop.
B. Monetary Contributions — Fire & Rescue
The applicant has proffered a financial contribution of $0.10 per building square foot shall be
paid to Frederick County Fire and Rescue.
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C. Land Use
The applicant has proffered that the combined building floor area on the site shall not exceed
75,000 square feet.
The applicant has proffered that the following uses will be prohibited on the site:
Truck Stops — Retail (SIC 5541)
Rental of Railroad Cars (SIC 4741)
Mobile Home Dealers (SIC 5271)
The applicant proffers to limit the total number of pumps to twelve or less for "Automobile
Service Stations, Retail" as defined by SIC 5 54 1.
The applicant proffers to limit the total building square footage for SIC 79 — "amusement and
recreational services operated indoors" to a combined total of 10,000 square feet or less.
Staff Note: Recognizing that the Comprehensive Policy Plan calls for industrial uses on
this property, additional commercial type uses should be proffered out with this rezoning.
Commercial uses like general offices, amusement and recreational services operated
indoors should be eliminated from this development to ensure the intent of the
Comprehensive Plan is implemented.
D. Environment
The applicant has proffered that a "Full Screen" buffer shall be placed along neighboring parcels
zoned RA that have a residential use at the time of site plan approval. An additional row of
evergreen trees for a total of four rows to be placed along neighboring parcels to the east and
south zoned RA with a residential use at the time of site plan approval.
E. Corridor Enhancement — Martinsburg Pike
The applicant has proffered to construct a split rail fence along the road frontage.
A landscape buffer will be installed along Route 1 I in areas where a rural residential use occurs
across this road.
The applicant will not allow any parking lots, outdoor storage, or driving lanes to be constructed
between the buildings and Route 11. This applies only to the building nearest to Route 11 and
not inside the park. Any required fire lanes within this area will be grass paved.
One monument style sign will be permitted along Route 11 that displays the parks name and
tenants; this sign will not exceed 12' in height and 1 00s in area. Freestanding signage between
the buildings and Route 11 (other than the monument sign) will be prohibited.
The applicant will restrict each business facing Route 11 a sign mounted on the building not to
exceed eight square feet.
0 0
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STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING:
The land use proposed in this rezoning could be consistent with the Northeast Land Use Plan if a
number of inappropriate uses are prohibited on the site. Staff would recommend that the applicant
consider prohibiting by proffer certain B3 uses which have a more commercial use to ensue that the
goals of the NELUP are implemented. More importantly, this application fails to address and mitigate
the transportation impacts associated with the proposal. Elements of the rezoning application have been
identified that should be carefully evaluated to ensure that they fully address the goals of the County.
Specifically, the applicant should be mitigating the impacts identified in their TIA. The applicant
should be prepared to address theses issues prior to a recommendation by the Planning Commission.
Following the requirement for a public hearing, a recommendation
by the Planning Commission to the Board of Supervisors concerning this rezoning
application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.