Loading...
HomeMy WebLinkAbout05-07 ApplicationLNY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 August 28, 2007 Mr. Tim Stowe Stowe Engineering, PLC 220 Serviceberry Ct. Stephens City, VA 22655 RE: REZONING #05 -07, ADMIRAL BYRD CENTER Dear Tim: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 22, 2007. The above - referenced application was approved to rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building, in the Shawnee Magisterial District, and is identified with Property Identification Numbe S�4' -40T:� The proffer, revised August 6, 2007, which 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. Sincerely, Michael T. Ruddy Deputy Planning Director MRT/bad Attachment cc: Gene Fisher, Shawnee District Supervisor June Wilmot and Robert Morris, Shawnee District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Michael J. Bermel, 10550 Marbury Rd., Oakton, VA 22124 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 REZONING APPLICATION #05 -07 ADMIRAL BYRD CENTER Staff Report for the Board of Supervisors Prepared: August 8, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director 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 he 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: 06/06/07 Tabled to 08/01/07 08/01/07 Recommended Approval Board of Supervisors: 08/22/07 Pending PROPOSAL To rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. LOCATION The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER 60-A-401 PROPERTY ZONING M1 (Light Industrial) District PRESENT USE Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: Ml (Light Industrial) District South: M1 (Light Industrial) District East: Ml (Light Industrial) District West: M1 (Light Industrial) District Use: Winchester Regional Airport Use: Industrial Use: Industrial Use: Industrial PROPOSED USES Commercial and Industrial Uses. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 2 August 8, 2007 REVIEW EVALUATIONS: Virginia Department of Transportation: We have completed the review of your revised TIA (revised March 28, 2007) and we concur with your TIA's conclusions Fire Marshall: No comments. Department of Inspections: No comments. Department of Public Works: We do not have any comments at this time. Frederick - Winchester Service Authoritv: No comments. Sanitation Authoritv Department: I concur with the water and sewer statement. Department of Parks & Recreation: No comment. Historic resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being located within the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Winchester Regional Airport: The proposed rezoning request for Admiral Byrd Center to a B2 zoning would be considered compatible with airport operations except for any Day -Child Care Facilities. We respectfully request the applicant give consideration to include that type of use under prohibited uses. Allowed uses under B2 zoning should not impact business operations of the Winchester Regional Airport and any special requirements during the development phase will be stated upon review of the site plan. 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 build -out. Frederick Countv Attornev: Please see attached letter dated May 23, 2007 from Mr. Bob Mitchell (Comments satisfactorily addressed by the Applicant). 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 3 August 8, 2007 Planning & Zoning: 1) Site History The property was originally part of 257 acre parcel that was rezoned from A2 (Agricultural General) to MI (Industrial limited) on September 10, 1986 (Rezoning Application #10-86 of C. Douglas Adams and Fern L. Adams). Master Development Plan 9009 -87 was approved for the Airport Business Center which provided for the industrial development of the property. The subdivision of this 23 acre parcel from the parent tract, Subdivision #003 -96 of Airport Business Center, Section 2, was approved on June 14, 1996. Subsequently, the Master Development Plan was revised in 1999 to incorporate the Flex Tech designation to various locations throughout the Airport Business Center. The parcel for which this rezoning is being requested is zoned M -1 with a flex tech designation. 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 -1] Land Use The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (S WSA). The Eastern Frederick County Long Range Land Use Plan identifies the general area surrounding this property with an Industrial Land Use Designation. This is reflective ofthe properties office /industrial designation within the Route 50 East Corridor Plan. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. The application of quality design standards for future development is an objective of the Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the property should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location (Please see attached letter,from Patrick Barker). 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 4 August 8, 2007 Tronsporlalion Airport Road is identified as a major collector road. There presently exists a sufficient amount of right -of -way to achieve this ultimate typical section. The Virginia Department of Transportation recently completed the Airport Road, Route 645, relocation project which realigned and improved Airport Road in the vicinity of the Admiral Byrd Center Property and east of this site. In addition, the intersection of Airport Road, Route 645, and Victory Lane, Route 728, was improved significantly with the provision of a roundabout to effectively and safety move traffic at that location. Access management, entrance locations, and inter - parcel circulation and access should be a consideration in this application. In addition, Staff has suggested the implementation of corridor appearance guidelines on the major collector road. This could be done through the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. 3) Site Suitabilitv/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 approved Master Development Plan for this property addresses the development of this site, including stormwater management. 4) Potential Impacts A. Transportation Traffic Impact Anal, The traffic impact analysis (TIA) prepared for this application assumed 220,000 square feet of variety of commercial and general office uses and a convenience store with gas pumps. The assumptions used are consistent with the worst case analysis enabled by ordinance and proffer. Using trip generation figures from the I.T.E. Trip Generation Manual, 7' Edition the proposed rezoning is projected to generate 6,070 average daily trips (ADT). In looking beyond the transportation improvements to the frontage of the project, the applicant considered the intersection of Airport Road, Route 645, and Route 522 and the intersection of Victory Lane, Route 728, and Route 50. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Route 522 and Airport Road, for which the Russell 150 project has proffered the construction, and the signalization of Route 50 and Victory Lane. The applicant has proffered to participate in the signalization of this intersection. Previously, other rezonings in the vicinity of this intersection have committed to participate in its signalization. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 5 August 8, 2007 Transportation Program. In addition to the participation in the signalization of the Route 50 and Victory Lane Intersection, the applicant has proffered to construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway 'which will generally consist of an additional lane on the south side of Airport Road adjacent.to the property. The applicant states that walkways and sidewalks will be incorporated into the site to facilitate pedestrian movements internal and external to the property. This pedestrian circulation should be further clarified to ensure that sidewalks will be provided, at a minimum, adjacent to all of the public streets. B. Sewer and Water The FCSA has an eight inch sewer force main traversing the property to which the Applicants will connect. This commercial development is expected to generate a total of 37,910 gpd of wastewater which will be conveyed to the Parkins Mill Wastewater Treatment Facility. The FCSA has an eight inch water main that encircles the property. This development is expected to generate 1000 gallons /day /acre for a total of 56,850 gpd. The FCSA has stated that they have the water and sewer capacity to service this site and that they concur with the water and sewer analysis. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 5) Proffer Statement — Dated April 30, 2007 (Revised July 8, 2007 and August 6, 2007) A) Generalized Development Plan The Generalized Development Plan is the tool that the applicant could use to clarify any commitments made as part of the rezoning application. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. Presently, the GDP offers little detail or definition to provide guidance in the scope of the landscaping, sidewalks, signage, or building form and layout, that are proposed to exceed existing ordinance requirements. The revised GDP clarifies the location of the three proposed entrances and provides more detail regarding the proffered landscaping along Airport Road. The GDP provides for general building locations and further states that primary parking areas are behind and beside buildings. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 6 August 8, 2007 B) Land Use The Applicant has proffered a variety of construction materials which may be used in the development of this property. Such a broad range provides little clarity or guidance on the construction materials, layout, and design of the buildings that may be constructed. As stated previously, this site represents a prime economic development location. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location. The revised Proffer Statement includes a new section that organizes the proffered design standards. New site design elements include; a proffer stating that any canopies or drive through areas will not front on Airport Road, a requirement that no more than 23,000 square feet of gross floor area will be utilized by a single retail entity, that retail uses will be located on the first floor of all buildings (it should be recognized that single story buildings are permitted), and that freestanding signs shall be monument type designs and shall be limited to one sign at each entrance for the site. The Applicant has prohibited a variety of uses that would otherwise be permitted in the B2 Zoning District. In addition, the Applicant has proffered a limitation that no more than 40 percent of the gross floor area on the site will be retail uses (it should be recognized other commercial uses may be permitted). The intent of the above proffer appears to be to ensure that the primary use of this property remains somewhat consistent with the Comprehensive Plan's designation of industrial and office land uses. Staff recognizes the intent of this proffered approach. However, we continue to believe that the request as proposed does not fully promote the Comprehensive Plan's Office and industrial designation in this location. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. If it is the desire to include commercial uses on this property, they should clearly be accessory to the primary use of the property and be limited in scale. Please note that one use which has not been included in the list of prohibited uses is Day Care facilities. The comment provided by the Winchester Regional Airport specifically addresses this use on the property. C) Transportation The Application proffers the participation in the signalization of the Route 50 and Victory Lane Intersection and the construction of the remaining portions of the ultimate typical section for Airport Road which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 7 August 8, 2007 PLANNING COMMISSION SUMMARY AND ACTION OF THE 6/06/07 MEETING The applicant's representative explained the proposal for convenient support services for employees of the businesses in the area, as well as for visitors arriving at the airport for business, pleasure, or economic development. The applicant was well aware of the concern for favorable appearance in site development and the need to make a positive first impression adjacent to the airport. Comments were received during the citizen comment portion of the hearing by an adjoining property owner who spoke and another property owner who had provided a written statement. Both property owners were supportive of the applicant's proposal to provide a commercial component within the industrial park. Commission members commented about the favorable appearance of this industrial park and the high - quality design standards used by existing industries along Airport Road; particularly, with structural appearance, monument signage, hidden parking, and berms. Commissioners wanted to make sure the appearance of this industrial park was not spoiled in any way. They expressed concern that the proposed rezoning had not identified a specific use and other, undesirable uses, had not been proffered out; for example, they did not want to see a box store, a chain hotel, a nightclub, or 10,000 square -foot pad sites. Commission members supported the applicant in his endeavor, but said they would be more comfortable if the proposed uses were somewhat narrowed down and other uses proffered out. In addition, it was suggested that the applicant show a conceptual layout, possibly with a generalized development plan. The Planning Commission tabled the rezoning application for 45 days in order to give the applicant time to make a refinement in the application, specifically by defining possible uses for the site, with the aid of conceptual drawings, revised proffers, and possibly, a generalized development plan. (Note: Commissioner Manual abstained from voting; Commissioners Thomas, Triplett, and Ours were absent from the meeting.) STAFF UPDATE FOR 08/01/07 PLANNING COMMISSION MEETING: The Applicant has provided a revised proffer statement for this project. It is the Applicant's belief that the revisions provided address the issues identified by the Planning Commission at your June 6, 2007 meeting. In general, the revisions seek to further define possible uses for the site, improve the design standards, and include a more detailed generalized development plan. A review of the changes compared to the initial application was incorporated into the above discussion on the Proffer Statement. Staff recognizes the efforts that have been made by the Applicant; however, the following conclusion remains consistent with that previously offered. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 8 August 8, 2007 STAFF CONCLUSIONS FOR 08/01/07 PLANNING COMMISSION MEETING: The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the general area surrounding this property with an office /industrial land use designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The request as submitted does not achieve this goal. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/01/07 MEETING The staff reviewed with the Commission the applicant's revised proffer statement and revised GDP. The staff recognized the efforts made by the applicant; however, staff s conclusion remained the same as previously. Generally, the application and the proffer statement do not adequately address the issues identified in the staffs report, or the issues discussed by the Commission during their previous consideration on June 6, 2007. Referring to the revised proffer, the applicant stated that only 40% of their uses would be retail and the gross floor area of any single retail entity was limited to 23,000 square feet. The applicant expressed the importance of having convenient support services available for those that work around the airport, so those persons do not have to drive out to the Route 50/522 intersection area. The three uses identified as important to the support services concept were finance, food, and gasoline. The applicant stated that the goal was to enhance the vitality, value, and economic development of the surrounding MI properties and to encourage additional development. The applicant expressed a desire to make a positive first impression in the appearance of the property. Commission members pointed out a reference within the proffer to outdoor advertising flags and banners; the Zoning and Subdivision Administrator confirmed those items were not permitted under the zoning ordinance. Although Commission members liked the concept of the proposal and believed it was important to provide some flexibility, other Commissioners thought the GDP was not specific enough and did not have corresponding language in the proffer statement, leaving considerable potential for other things to happen on the site. They were in favor of B2 uses that supported the surrounding M1 properties, but not B2 uses that would draw outside traffic into the industrial park. Some of the uses that raised concern were diesel fuel sales, auto sales dealerships, movie theaters, and grocery stores. In keeping with the surrounding style of development. Commissioners envisioned a multi -use building under B2 requirements. 0 0 Rezoning #.05 -07 — Admiral Byrd Center Page 9 August 8, 2007 There were no public comments. By a majority vote, the Planning Commission recommended approval of the rezoning contingent on the removal of the statement referring to advertising banners and flags in the proffer language. The vote was as follows: YES (TO APPROVE) Kriz, Thomas, Wilmot, Light, Morris, Unger NO: Oates ABSTAIN Manuel (Commissioner Mohn was absent for this item; Commissioners Watt, Ours, Triplett, and Kerr were absent from the meeting.) STAFF UPDATE FOR 08/22/07 BOARD OF SUPERVISORS MEETING: Staff conclusion remains consistent with that previously offered to the Planning Commission. The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the general area surrounding this property with an office /industrial land use designation. The current M1 (Light Industrial) zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. Please see attached letter from Patrick Barker, Executive Director ofthe Winchester- Frederick County Economic Development Commission which was provided as afollow up to the EDC Presentation at the Frederick County Planning Commission Retreat. The principle points of this letter are applicable to this request. 0 0 WINCHESTER FREDERICK COUNTY VIRGINIA EDC Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 March 7. 2007 RE: Follow -up to EDC Presentation at Fred. Co. Planning Retreat I am writing to summarize the major points of my presentation at this past weekend's retreat for the Planning Commission and Board of Supervisors. This letter may provide some guidance to future land use decisions by the Planning Commission and Board of Supervisors. Limited amout of shovel -ready business (non - retail) land in Frederick County Frederick County currently has only six (6) shovel- ready" sites totaling a mere 235 acres available for prospective new businesses and current ones with plans to expand. To refresh, a "shovel- ready" site is defined as a site that is truly available with an agreed upon price, fully serviced with utilities, and has the proper zoning in place. The amount of shovel -ready sites has decreased by nearly 90% since 2000. It is clearly understood that over 1,300 acres of properly zoned M I and M2 exist in Frederick County as of December 2006. However, much of this land does not meet one or more of the definitions of being "shovel- ready." This dramatic drop in shovel -ready business (non - retail) sites has crippled Frederick County's attractiveness and competitiveness for several recent economic development projects. The most notable examples were an advanced aerospace manufacturer with plans to invest over $120 million and create 200 jobs and a bio- pharmaceutical manufacturer with plans to invest from $400 to 700 million and create 400 jobs. Even if Frederick County had such shovel - ready business (non - retail) sites for these projects, the chances of successfully securing the projects were not guaranteed. However, the County could not even become part of their decision process due to the absence of shovel -ready business (non - retail) sites. To summarize, the combination of these facts; low inventory of "shovel- ready" sites and missed economic development opportunities, highlights a need to preserve most of the remaining business (non - retail) sites. Particular concern should exist for those sites meeting all of the definitions of "shovel- ready" and those meeting all criteria but lacking an asking price. The EDC recommends that, only in the most extreme situations, should any shovel - ready site or one meeting all criteria but lacking an asking price be rezoned to another land use designation. Your Move. Our Commitment. 45 East Boscev en St ee Wirchestea:'JA 2.2E;Cil ♦ - 4Q- 6o5 -UR73 Fax 540-722-0604 vw.vainv3.com 0 0 Page 2 Follow -up to EDC Presentation at Fred. Co. Planning Retreat In addition, a mechanism to enlarge the inventory of "shovel- ready" sites promptly with strict attention to ensuring a quality project for the community, should be explored immediately. The County only possesses a few remaining areas that have the potential to become prime business (non - retail) areas. Without County action, the fate of these lands is in doubt and once developed for a use other than business (non - retail), they are lost forever. Most of the prime non -zoned developmental lands (i.e. relatively flat, close to interchanges /major roadways and utilities in close proximity) should be preserved for business (non - retail) uses. The "rougher" lands should be left for retail and residential uses. Ensure that zoning ordinances can accommodate targeted business sectors As stated in my presentation, through a very thorough third party process, the EDC has identified targeted business sectors that will aid in moving the community forward economically. Each of these business sectors offer above average wages, have a positive long- term growth forecast, and are environmentally friendly. Based on a cursory review of the County zoning ordinance, most of the EDC targeted business sectors are permitted by -right within the M -I zoning district. Some targeted sectors are also permitted by- right within the B -2 zoning district. The below table represents the zoning district that can accommodate each targeted business sector. Main Target Zoning Sector Specific Business within Sector District CRM call centers MI /B2 IT service centers M1/B2 Business Services Regional headquarters MI /B2 MI Shared services centers M1/B2 Bottled Water / Beverages Data Centers M1/B2 MI Software Design MI /132 Defense / Life Sciences M I Advanced Small scale manufacturing products MI Security Business Services M I Medical Device Manufacturing M I Life Sciences Medical Supplies Distribution M I Branded Pharmaceutical Manf. M I Biotech Research Centers MI Perishable Products MI Food Processing Packaged Foods MI Processed Organic Food M I Bottled Water / Beverages M I Medical Supplies Assembly / MI Automotive Supplies Distribution MI Aerospace and Defense M I Laboratory Equipment MI Additional thought should perhaps be given to revising the business and industrial zoning ordinances to provide more integration of the targeted business sectors within the County's planned urban centers. Many of the targeted business sectors could easily be located within urban centers or in close proximity with minimal negative impact to other businesses and Your Move. Our Commitment. 95 East Boscawen Stree A Winchester /A 22601 A 590 -665 -0473 A Fax 540- 722 -0604 A vvvvw.winva.com 0 0 Page 3 Follow -up to EDC Presentation at Fred. Co. Planning Retreat residents. Data centers, integrated services centers and light manufacturing are some example of such potential urban center businesses. Creating a formalized fast track permit process for business targets and other desirables The County currently provides a parallel permitting process for business /industrial uses. This process has served EDC clients well in the past in most situations. Unfortunately, this process is conducted in an informal setting, thus creating some challenges in execution and marketing. In comparison, several adjacent competing areas offer specific timeframes, like 30- 60 days site plan approval on zoned properties. In comparison, 90 -120 days is required for site plan approval even with the County's parallel permit process system. The creation of a formal fast track permit process would create an additional marketing hook for Frederick County. This process would send an immense proactive signal to the business targets of the County's desire for them to join our community's business portfolio. Frederick County would also narrow the competition difference with our adjacent localities. Thank you again for the opportunity to speak at the retreat. I hope my information will only further assist in the County's land use decisions. If you require additional information to any section, please let me know. ' Sincerely, Patrick Barker, CEcD Executive Director Your Move. Our Commitment. 45 East Bosca Street A Winchester. V,4. 220D A 540 -665 -0973 A Fax 540 -722 -0604 ♦ W.,Nv4win a.com Frederick Map Features O Hamlets Q Application O Airport O Sfta. POntls ^— Streams Streets Primary 4 Secondary Tertiary M Future Rt37 Bypass Urban Development Area W SWSA Map Document: ( N: \Planning_And_Development \_1_ Locator_ Mps�AdmiralByrdCenterREZ0507 _050707.mxd) 5/7/2007 -- 3:41:23 PM Frederick Map Features O Hamlets 0 APPliwtion C dryad O Lal;esP.ads Streams Sheets I Primary 1 Sewadary ti Temiary M FNere 14376ypass .1 Urban Development Area ar SWSA Map Document: (N:iPlanning_And_Development\ 1_ Locator_ MpsW dmiralByrdCenterREZ0507 _050707.mxd) 5/712007 -- 3:41:23 PM Frederick Map Features O Hamlets Zoning Q Application site Bt (Business, Neighborhood Eau Ampod ® 82 (Business, General District) O LakesPords • B3 (Business, Industrial T2neitii ^— Slreems 410, EM(EAmmue Manufacturing atnets HE (Higher Education District) I Primary sale M1 (Industrial. Light District) �. Secontlary as M2 (industrial. General Distant) ti Terciary elite MHt(Mobile Home Community 1. Future M37 Bypass • MS (Medical Support Distant) a ll urban usdmlopmeatA aelite Re (Residential, Planned Comm aY SWSA sale RS (Residential Recreational Ca FW (Rural Area Zane) RP (Residential Performance Di Map Document: (N:\ Planning_ And_ Development \_t_ Locator_ MpslAdmiralByrdCenterREZ0507 _050707.mxd) 517/2007 -- 3:41:23 PM Frederick County, V, Rezoning REZ #05 -0; Application Admiral B' Center Parcel ID: 64 -A -401 Location in the C-ountl Map Features O Hamlets O Application o Amon O LekeaJPonds Sixeeme atree4 1 Primary N Secondary , Tertiary M Future R37 Bypass :e UNan Development Ama N SMA Lane Ranee Land Use Rural Community Career Residential Bueneas d9 Industrial d& InaMUdonal M Rmreation ® Historic dD Mixed -Use ® Planned Unit Devebpment C Location in Surrounding Area o zso soo M al © Case Planner. Mike Map Document: (N:tPlanning_And_Development\ 1 Locator_ MpsW dmiralByrdCenterREZ0507 _050707.mxd) 5!712007 — 3:41:23 PM 0 0 REZONING APPLICATION #05 -07 ADMIRAL BYRD CENTER Staff Report for the Planning Commission Prepared: July 12, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planting 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: 06/06/07 Tabled to 08/01/07 08/01/07 Pending Board of Supervisors: 08/22/07 Pending PROPOSAL To rezone 11.4 acres from MI (Light Industrial) District to B2 (General Business) District, with proffers. LOCATION The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER 60 -A -401 PROPERTY ZONING Ml (Light Industrial) District PRESENT USE Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: M 1 (Light Industrial) District South: MI (Light Industrial) District East: MI (Light Industrial) District West: MI (Light Industrial) District Use: Winchester Regional Airport Use: Industrial Use: Industrial Use: Industrial PROPOSED USES Commercial and Industrial Uses. 9 Rezoning 405 -07 — Admiral Byrd Center Page 2 July 12, 2007 REVIEW EVALUATIONS: F - 7 U Virginia Department of Transportation: We have completed the review ofyour revised TIA (revised March 28, 2007) and we concur with your TIA's conclusions Fire Marshall: No comments. Department of Inspections: No comments. Department of Public Works: We do not have any comments at this time. Frederick- Winchester Service Authority: No comments. Sanitation Authority Department: 1 concur with the water and sewer statement. Department of Parks & Recreation: No comment. Historic resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB According to the Rural Landmarks Survey, there are no significant historic structures located on th properties nor are there any possible historic districts in the vicinity. It was noted that the National Par] Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being locates within the study area of the Second Battle of Winchester; however, due to the development in this areE it has been deemed to have lost its integrity. Winchester Regional Airport: The proposed rezoning request for Admiral Byrd Center to a B zoning would be considered compatible with airport operations except for any Day -Child Car Facilities. We respectfully request the applicant give consideration to include that type of use unde prohibited uses. Allowed uses under B2 zoning should not impact business operations of th Winchester Regional Airport and any special requirements during the development phase will be state upon review of the site plan. Frederick Countv Public Schools: Based on the information provided that states no residential uni will be part of the rezoning, there will be no impact to the school population upon build -out. Frederick County Attorney: Please see attached letter dated May 23, 2007 from Mr. Bob Mitche Ll Rezoning 405 -07 — Admiral Byrd Center Page 3 July 12, 2007 Plannine & Zoning: 1) Site History • The property was originally part of 257 acre parcel' that was rezoned from A2 (Agricultural General) to M 1 (Industrial limited) on September 10, 1986 (Rezoning Application 910 -86 of C. Douglas Adams and Fern L. Adams). Master Development Plan #009 -87 was approved for the Airport Business Center whict provided for the industrial development of the property. The subdivision of this 23 acre parce from the parent tract, Subdivision 4003 -96 of Airport Business Center Section 2, was approve( on June 14, 1996. Subsequently, the Master Development Plan was revised in 1999 t( incorporate the Flex Tech designation to various locations throughout the Airport Busines Center. The parcel for which this rezoning is being requested is zoned M -I with a flex tecl designation. 2) Comprehensive Policv Plan The Frederick County Comprehensive Policy Plan is an official public document that serves a the community's guide for making decisions regarding development, preservation, publi facilities and other key components of community life. The primary goal of this plan is t protect and improve the living environment within Frederick County. It is in essence composition of policies used to plan for the future physical development of Frederick Count, [Comprehensive Policy Plan, p. 1 -1] Land Use The parcel comprising this rezoning application is located within the County's Sewer and Wab Service Area (S WSA). The Eastern Frederick County Long Range Land Use Plan identifies tl general area surrounding this property with an Industrial Land Use Designation. This reflective of the properties office /industrial designation within the Route 50 East Corridor Ilia Any proposed land use modifications to this property should reflect this land u designation of the Comprehensive Plan. Currently, the zoning of the property is consistej with the Frederick County Comprehensive Policy Plan. The application of quality design standards for future development is an objective of the Pla The property is located directly across from the Winchester — Frederick Regional Airpo Therefore, this property should be considered as a gateway site and the development of t property should be of an appropriate standard and design. This site represents a prix, economic development location. Any changes to the land use of this site should continue make the most of the location from a community economic development perspective. T expectation should be to promote a high quality environment and a high performing econon use that is unique to this particular location. 0 0 Rezoning 405 -07 — Admiral Byrd Center Page 4 July 12, 2007 Transportalion Airport Road is identified as a major collector road. There presently exists a sufficient amount of right -of -way to achieve this ultimate typical section. The Virginia Department of Transportation recently completed the Airport Road, Route 645, relocation project which realigned and improved Airport Road in the vicinity of the .Admiral Byrd Center Property and east of this site. In addition, the intersection of Airport Road, Route 645, and Victory Lane, Route 728, was improved significantly with the provision of a roundabout to effectively anc safely move traffic at that location. Access management, entrance locations, and inter - parcel circulation and access should be consideration in this application. In addition, Staff has suggested the implementation ofcorrido appearance guidelines on the major collector road. This could be done through the thoughtfu design of landscaping, signage, setbacks, building location and form, building orientation any screening of loading bays and utilities etc. 3) Site Suitability /Environment The site does not contain any environmental features that would either constrain or preclude sit development. There are no identified areas of steep slopes, floodplains or woodlands. Th approved Master Development Plan for this property addresses the development of this sill including stormwater management. 4), Potential Impacts A. Transportation Traffic Impact Anal The traffic impact analysis (TIA) prepared for this application assumed 220,000 square feet of variety of commercial and general office uses and a convenience store with gas pumps. TI assumptions used are consistent with the worst case analysis enabled by ordinance and proffc Using trip generation figures from the I.T.E. Trip Generation Manual. 7` Edition the propos rezoning is projected to generate 6,070 average daily trips (ADT). In looking beyond the transportation improvements to the frontage of the project, the applic considered the intersection of Airport Road, Route 645, and Route 522 and the intersection Victory Lane, Route 728, and Route 50. The TIA indicates that Level of Service C conditions better will be maintained on study roads and intersections with the proposed signalization Route 522 and Airport Road, for which the Russell 150 project has proffered the constructii and the signalization of Route 50 and Victory Lane. The applicant has proffered to participate the signalization of this intersection. Previously, other rezonings in the vicinity of t intersection have committed to participate in its signalization. 0 0 Rezoning 405 -07 — Admiral Byrd Center Page 5 July 12, 2007 Transportation Program. In addition to the participation in the signalization of the Route 50 and Victory Lan( Intersection. the applicant has proffered to construct the remaining portions of the ultimab typical section for Airport Road on the southern side of the roadway which will generall: consist of an additional lane on the south side of Airport Road adjacent to the property. The applicant states that walkways and sidewalks will be incorporated into the site to facilitat pedestrian movements internal and external to the property. This pedestrian circulation shoul, be further clarified to ensure that sidewalks will be provided, at a minimum, adjacent to all e the public streets. B. Sewer and Water The FCSA has an eight inch sewer force main traversing the property to which the Applicani will connect. This commercial development is expected to generate a total of 37M 0 gpd ( wastewater which will be conveyed to the Parkins Mill Wastewater Treatment Facility. TI FCSA has an eight inch water main that encircles the property. This development is expected r generate 1000 gallons /day /acre for a total of 56,850 gpd. The FCSA has stated that they have tI water and sewer capacity to service this site and that they concur with the water and sew analysis. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it recognized that commercial uses generally provide a positive impact on community faciliti through the additional generation of tax revenue. This application does address the impacts Fire and Rescue services by providing a monetary'contribution in an amount of $500. 5) Proffer Statement— Dated April 30, 2007 (Revised July 8, 2007) A) Generalized Development Plan The Generalized Development Plan is the tool that the applicant could use to clarify a commitments made as part of the rezoning application. The Generalized Development P] should be general in nature but address key elements of the development of the site. In genes there may be an opportunity to revisit the GDP and provide for a design and layout wK provides for an enhanced design and development. Presently, the GDP offers little detail definition to provide guidance in the scope of the landscaping, sidewalks, signage, or buildi form and layout, that are proposed to exceed existing ordinance requirements. The revised G, clarifies the location of the three proposed entrances and provides more detail regarding proffered landscaping alongAirport Road. TheGDPprovi rlesforgeneralbuildinglocat& and further states that printary parking areas are behind and beside buildings. Rezoning 405 -07 — Admiral Byrd Center Page 6 July 12, 2007 B) Land Use The Applicant has proffered a variety of construction materials which may be used in the development of this property. Such a broad range provides little clarity or guidance on the construction materials, layout, and design of the buildings that may be constructed. As stated previously, this site represents a prime economic development location. The expectation should be to promote a high quality environment and a high performing economic use that is unique tc this particular location. The revised Proffer Statement includes a new section that organizes the proffered design standards. New site design elements include; a proffer stating that any canopies or driv( through areas will not front on Airport Road, a requirement that no more than 23,000 square feet ofgross floor area will be utilized by a single retail entity, that retail uses will be locates on the first floor of all buildings (it should be recognized that single story buildings an permitted), and thatfreestanding signs shall be monument hype designs and shall be limite4 to one sign at each entrance for the site. The Applicant has prohibited a variety of uses that would otherwise be permitted in the B: Zoning District. In addition, the Applicant has proffered a limitation that no more than 4� percent of the gross floor area on the site will be retail uses (it should be recognized othe commercial uses may be permitted). The intent of the above proffer appears to be to ensure that the primary use of this propert remains somewhat consistent with the Comprehensive Plan's designation of industrial an office land uses. Staff recognizes the intent of this proffered approach. However, we continue 1 believe that the request as proposed does not fully promote the Comprehensive Plan's Offi( and industrial designation in this location. The types of uses and the balance of uses should I evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. If it the desire to include commercial uses on this property, they should clearly be accessory to tl primary use of the property and be limited in scale. Please note that one use which has not been included in the list of prohibited uses is Day Ca facilities. The comment provided by the Winchester Regional Airport specifically addresses tf use on the property. C) Transportation The Application proffers the participation in the signalization of the Route 50 and Victory La Intersection and the construction of the remaining portions of the ultimate typical section 1 Airport Road which will generally consist of an additional lane on the south side of Airp( Road adjacent to the property. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monet, contribution in an amount of $5,000. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 7 July 12, 2007 PLANNING COMMISSION SUMMARY AND ACTION OF THE 6/06/07 MEETING The applicant's representative explained the proposal for convenient support services for employees of the businesses in the area, as well as for visitors arriving at the airport for business, pleasure, of economic development. The applicant was well aware of the concern for favorable appearance in site development and the need to make a positive first impression adjacent to the airport. Comments were received during the citizen comment portion of the hearing by an adjoining property owner who spoke and another property owner who had provided a written statement. Both property owners were supportive of the applicant's proposal to provide a commercial component within th( industrial park. Commission members commented about the favorable appearance of this industrial park and the high quality design standards used by existing industries along Airport Road; particularly, with structura appearance, monument signage, hidden parking, and bermsi Commissioners wanted to make sure th( appearance of this industrial park was not spoiled in any way. They expressed concern that th proposed rezoning had not identified a specific use and other, undesirable uses, had not been profferei out; for example, they did not want to see a box store, a chain hotel, a nightclub, or 10,000 square -foo pad sites. Commission members supported the applicant in his endeavor, but said they would be mor comfortable if the proposed uses were somewhat narrowed down and other uses proffered out. L addition, it was suggested that the applicant show a conceptual layout, possibly with a generalize development plan. The Planning Commission tabled the rezoning application for 45 days in order to give the applicar time to make a refinement in the application, specifically by, defining possible uses for the site, with th aid of conceptual drawings, revised proffers, and possibly,;a generalized development plan. (Note: Commissioner Manual abstained from voting; Commissioners "fhomas, Triplett, and Ours wei absent from the meeting.) 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 8 July 12, 2007 STAFF UPDATE FOR 08/01/07 PLANNING COMMISSION MEETING: The Applicant has provided a revised proffer statement for this project. It is the Applicant's belief thal the revisions provided address the issues identified by the Planning Commission at your June 6, 200 meeting. In general, the revisions seek to further define possible uses for the site, improve the desigr standards, and include a more detailed generalized development plan. A review of the changes compared to the initial application was incorporated into the above discussion on the Proffer Statement Staff recognizes the efforts that have been made by the Applicant; however, the following conclusion remains consistent with that previously offered. STAFF CONCLUSIONS FOR 08/01/07 PLANNING COMMISSION MEETING: The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify th¢ general area surrounding this property with an office /industrial land use designation. Any proposed Ian( use modifications to this property should reflect this land use designation of the Comprehensive Plan Currently, the zoning of the property is consistent with theiFrederick County Comprehensive Polic Plan. This site represents a prime economic development location. Any changes to the land use of thi: site should continue to make the most of the location from a community economic developmen perspective. The request as submitted does not achieve this goal. A Public Hearing was held for this application at your June 6, 2007 meeting. Therefore, following the Commission's consideration of this request, 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 raiser/ by the Planning Commission. S REZONING AREA MAP STOWE ENGINEERING, PLC Admiral Byrd Center Frederick County, VA 220 Serviceberry Court Stephens City, VA 22655 Scale: I"= 600' February 6, 2007 540.336.0656 0 0 REZONING APPLICATION #05 -07 ADMIRAL BYRD CENTER Staff Report for the Planning Commission Prepared: May 21, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director 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. Action Pending Pending PROPOSAL To rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. LOCATION The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER 60 -A -40I PROPERTY ZONING MI (Light Industrial) District PRESENT USE Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: M1 (Light Industrial) District South: Ml (Light Industrial) District East: MI (Light Industrial) District West: M 1 (Light Industrial) District Use: Reviewed Planning Commission: 06/06/07 Board of Supervisors: 06/27/07 Action Pending Pending PROPOSAL To rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. LOCATION The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building. MAGISTERIAL DISTRICT Shawnee PROPERTY ID NUMBER 60 -A -40I PROPERTY ZONING MI (Light Industrial) District PRESENT USE Vacant ADJOINING PROPERTY ZONING & PRESENT USE North: M1 (Light Industrial) District South: Ml (Light Industrial) District East: MI (Light Industrial) District West: M 1 (Light Industrial) District Use: Winchester Regional Airport Use: Industrial Use: Industrial Use: Industrial PROPOSED USES Commercial and Industrial Uses. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 2 May 21, 2007 REVIEW EVALUATIONS: Virginia Department of Transportation: We have completed the review of your revised TIA (revised March 28, 2007) and we concur with your TIA's conclusions Fire Marshall: No comments. Department of Inspections: No comments. Department of Public Works: We do not have any comments at this time. Frederick - Winchester Service Authority: No comments. Sanitation Authoritv Department: I concur with the water and sewer statement. Department of Parks & Recreation: No comment. Historic resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being located within the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Winchester Regional Airport: The proposed rezoning request for Admiral Byrd Center to a B2 zoning would be considered compatible with airport operations except for any Day -Child Care Facilities. We respectfully request the applicant give consideration to include that type of use under prohibited uses. Allowed uses under B2 zoning should not impact business operations of the Winchester Regional Airport and any special requirements during the development phase will be stated upon review of the site plan. Frederick Countv 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 build -out. Planning & Zoning: 1) Site History The property was originally part of 257 acre parcel that was rezoned from A2 (Agricultural General) to MI (Industrial limited) on September 10, 1986 (Rezoning Application 910-86 of C. Douglas Adams and Fern L. Adams). 0 0 Rezoning 405 -07 — Admiral Byrd Center Page 3 May 21, 2007 Master Development Plan 4009 -87 was approved for the Airport Business Center which provided for the industrial development of the property. The subdivision of this 23 acre parcel from the parent tract, Subdivision #003 -96 of Airport Business Center, Section 2, was approved on June 14, 1996. Subsequently, the Master Development Plan was revised in 1999 to incorporate the Flex Tech designation to various locations throughout the Airport Business Center. The parcel for which this rezoning is being requested is zoned M -1 with a flex tech designation. 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). The Eastern Frederick County Long Range Land Use Plan identifies the general area surrounding this property with an Industrial Land Use Designation. This is reflective of the properties office /industrial designation within the Route 50 East Corridor Plan. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. The application of quality design standards for future development is an objective of the Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the property should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location. Transportation Airport Road is identified as a major collector road. There presently exists a sufficient amount of right -of -way to achieve this ultimate typical section. The Virginia Department of Transportation recently completed the Airport Road, Route 645, relocation project which realigned and improved Airport Road in the vicinity of the Admiral Byrd Center Property and east of this site. In addition, the intersection of Airport Road, Route 645, and Victory Lane, Route 728, was improved significantly with the provision of a roundabout to effectively and safely move traffic at that location. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 4 May 21, 2007 Access management, entrance locations, and inter - parcel circulation and access should be a consideration in this application. In addition, Staff has suggested the implementation of corridor appearance guidelines on the major collector road. This could be done through the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. 3) Site Suitabilitv/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 approved Master Development Plan for this property addresses the development of this site, including stormwater management. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application assumed 220,000 square feet of a variety of commercial and general office uses and a convenience store with gas pumps. The assumptions used are consistent with the worst case analysis enabled by ordinance and proffer. Using trip generation figures from the I.T.E. Trip Generation Manual, 7` Edition the proposed rezoning is projected to generate 6,070 average daily trips (ADT). In looking beyond the transportation improvements to the frontage of the project, the applicant considered the intersection of Airport Road, Route 645, and Route 522 and the intersection of Victory Lane, Route 728, and Route 50. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Route 522 and Airport Road, for which the Russell 150 project has proffered the construction, and the signalization of Route 50 and Victory Lane. The applicant has proffered to participate in the signalization of this intersection. Previously, other rezonings in the vicinity of this intersection have committed to participate in its signalization. Transportation Program. In addition to the participation in the signalization of the Route 50 and Victory Lane Intersection, the applicant has proffered to construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. The applicant states that walkways and sidewalks will be incorporated into the site to facilitate pedestrian movements internal and external to the property. This pedestrian circulation should be further clarified to ensure that sidewalks will be provided, at a minimum, adjacent to all of the public streets. 0 0 Rezoning 405 -07 — Admiral Byrd Center Page 5 May 21, 2007 B. Sewer and Water The FCSA has an eight inch sewer force main traversing the property to which the Applicants will connect. This commercial development is expected to generate a total of 37,910 gpd of wastewater which will be conveyed to the Parkins Mill Wastewater Treatment Facility. The FCSA has an eight inch water main that encircles the property. This development is expected to generate 1000 gallons /day /acre for a total of 56,850 gpd. The FCSA has stated that they have the water and sewer capacity to service this site and that they concur with the water and sewer analysis. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 5) Proffer Statement — Dated April 30, 2007 A) Generalized Development Plan The Generalized Development Plan is the tool that the applicant could use to clarify any commitments made as part of the rezoning application. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. Presently, the GDP offers little detail or definition to provide guidance in the scope of the landscaping, sidewalks, signage, or building form and layout, that are proposed to exceed existing ordinance requirements. B) Land Use The Applicant has proffered a variety of construction materials which may be used in the development of this property. Such a broad range provides little clarity or guidance on the construction materials, layout, and design of the buildings that may be constructed. As stated previously, this site represents a prime economic development location. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location. The Applicant has also proffered limitations on the land uses allowed on the property by ensuring that no less than 60 percent of the land uses in the B2 area will be uses allowed in the M1 area. In addition, the Applicant has prohibited a variety of uses that would otherwise be permitted in the B2 Zoning District. 0 0 Rezoning #05 -07 — Admiral Byrd Center Page 6 May 21, 2007 The intent of the above proffer appears to be to ensure that the primaryuse of this property remains somewhat consistent with the Comprehensive Plan's designation of industrial and office land uses. Staff recognizes the intent of this proffered approach. However, we do not believe that the request as proposed fully promotes the Comprehensive Plan's Office and industrial designation in this location. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. If it is the desire to include commercial uses on this property, they should clearly be accessory to the primary use of the property and be limited in scale. Commercial Land Use Proffer 3.j.appears to be counter productive to the intent of this request. Staff believes that these uses should be promoted on this property rather than prohibited. Please note that one use which has not been included in the list of prohibited uses is Day Care facilities. The comment provided by the Winchester Regional Airport specifically addresses this use on the property. C) Transportation The Application proffers the participation in the signalization of the Route150 and Victory Lane Intersection and the construction of the remaining portions of the ultimate typical section for Airport Road which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. D) Community Facilities This application addresses the impacts to Fire contribution in an amount of $5,000. and Rescue services by providing a monetary STAFF CONCLUSIONS FOR 06/06/07 PLANNING COMMISSION MEETING: The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the general area surrounding this property with an office /industrial land use designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. 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. Ll 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: Stowe Enyineerine, PLC Telephone: (540) 336 -0656 Address: 220 Serviceberry Court Stephens City. VA 22655 0 2. Property Owner (if different than above) Name: Michael J. Bermel Telephone: (703) 255 -3339 Address: 10550 Marburg Road Oakton, VA 22124 3. Contact person if other than above Name: Telephone: 3. Checklist: Check the following items that have been included with this application. Location map X Plat X Deed to property X Verification of taxes paid X • Agency Comments X Fees X Impact Analysis Statement X Proffer Statement X E 6. A) Current Use of the Property: • 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: Michael J. Bermel 0 B) Proposed Use of the Property: Adm. Byrd Center — business center 0 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 64 -A -40J 64 -A -40E 64 -A -400 64 -A -40N 64 -A -40M 64 -A -40K 64 -A -40A 64 -A -40B vacant warehouse office /warehouse office /warehouse vacant office /warehouse vacant airport M- M- 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): The property is located on the south side of Airport Road (Rte 645) directly_ across the street from the Winchester Regional Airport terminal building The property is encircled by Admiral Bvrd Drive. J 0 0 • 9. The following information should be provided according to the type of rezoning_ proposed : Number of Units Proposed Single Family homes: Townhome: Multi - Family: Non - Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: 158,000 Service Station: Retail: 65,000 Manufacturing: Restaurant: Warehouse: Other: • 10. 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): Date: S 2 O'� Date: Owner(s): _ Date: S' 3 Date: 18 0 Adjoining Property Owners Rezoning • 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 Sears -Smith Partnership c/o Urban Engineering & Associates 7712 Little River Turnpike Annandale, VA 22003 Property 9 64 -A -40J Name Kohl's Department Stores, Inc. N56W 17000 Ridgewood Dr Menomonee Falls, WI 53051 - Property # 64 -A -40E Name Airport Business Pare Building D, LLC 4264Q Entre Court ' Chantilly, VA 20151 Property 964 -A -400 Name Airport Business Pare Building, LLC 4264Q Entre Court Chantilly, VA 20151 Property 964 -A -40N Name Airport Business Park. LLC 4264Q Entre Court Chantilly, VA 20151 Property #64 -A -40M Name Airport Business Park. LLC 4264Q Entre Court Chantilly, VA 20151 Property 9 64 -A -40K Name Adams, Douglas and Patricia 303 S. Loudoun Street Winchester, VA 22601 Property 964 -A -40A Name Winchester Regional Airport 491 Airport Road Winchester, VA 22602 Property # 64 -A -40B Name •