Loading...
HomeMy WebLinkAbout08-07 ApplicationFILE COPY 4 COUNTY of FREDERICK Department of Planning and Development 540/665.5651 FAX: 540 /665 -6395 February 14, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 RE: REZONING #08 -07, ARTILLERY BUSINESS CENTER Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 13, 2008. The above - referenced application was approved to rezone 58.7 acres from RA (Rural Areas) District to M1 (Light Industrial) District, with proffers, for Light Industrial Uses. The property is located east and adjacent to Shady Elm Road, approximately 1,500 feet south of Route 37, in the Back Creek District, and is identified with Property Identification Number 75 -A -1. The proffer dated December 26, 2006 and revised February 7, 2008, 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. Sincerely, / Michael T. Ruddy, AICP Deputy Planning Director MRT/bad Attachment cc: Gary A. Lofton, Board of Supervisors, Back Creek District Cordell Watt and Greg Unger, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Venture I of Winchester, LLC, 118 Armstrong Place, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 PROPOSED PROFFER STATEMENT REZONING: RZ. # 08 '0`7 Rutal Areas (RA) to Light Industrial (M1) PROPERTY: 58.7 acres + / -; Tax Map Parcels 75 -A -1 [the "Property "] RECORD OWNER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISIONDATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11/6/07;11 /15/07;12/21/07;1 /15/08;2/7/08 The undersigned hereby proffers that the use and development of the subject property ( "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced Ml conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a fmal court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised February 7, 2008 (the "GDP "), and shall include the following: 1. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the fast building permit. 1 of 5 Proffer Statement 0 41 Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00 for the design and /or construction of the future East -West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be made within 60 days of issuance of the first Certificate of Occupancy for any structure located on the Property. 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. The Applicant shall provide a double stripe lane marking for the centerline of Shady Elm Road along the Property frontage with Shady Elm Road (See 1 on GDP) 2.2 The Applicant shall design a future East -West Collector Road utilizing an 80 foot right of way as depicted on the GDP from Point A to Point C, assuming an at grade railroad crossing, as a Rural 4 Lane Divided (R4D) cross section prior to issuance of the fast Certificate of Occupancy for any structure located on the Property. The Applicant shall then dedicate 80 feet of right of way and construct the ultimate two westbound lanes of the Collector Road for a minim of 1100 feet as shown from Point A to Point B on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) • Prior to issuance of the fourth building permit for the Property. • Prior to the issuance of a building permit for any structure located in Land Bay 2. • Prior to issuance of a certificate of occupancy for any structure located in Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. • Upon commencement of a railroad crossing as shown on the GDP for the East -West Collector Road. • Prior to December 31, 2013. 2.2.1 The Applicant shall make available an 80' wide tract of land across Tax Map Parcel 74 -A -68 as depicted on the GDP from Point B to Point C in conformance with the road design provided by Proffer 2.2 for the future extension of the East -West Collector Road. The Applicant shall provide said property at no cost to the County, after December 31, 2008 and within 90 days of receiving written request from the County. 2.2.2 The Applicant shall construct a maximum of two entrances on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2of5 Proffer Statement 0 Artillery Business Center 2.2.3 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by 8144 -24C of the Frederick County Code, to serve the Property to Virginia Department of Transportation standards with a minim pavement width of 26 feet. 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.6 The Property shall contain a minim of three users upon final build -out. 2.7 No warehouse - distribution facility greater than 200,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. 2.8 Should the County or others obtain the rights to an at grade railroad crossing for the proposed East -West Collector Road as identified on the GDP, the Applicant shall fully fund the design of said at grade crossing. 3. Landscape Buffers, Hiker /Biker Facilities, & Additional Right of Way 3.1 Within the 25 foot parking setback between the proposed right of ways for Shady Elm Road and the East -West collector as required by g 165- 27E(5) of the Frederick County Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, the Applicant shall provide a densely planted landscape screen as depicted by Exhibit A as revised 1/15/08 consisting of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as a double row of evergreen trees with a minim density of three plants per 10 linear feet and a minimum height of four feet at time of planting located between the proposed trail and any parking areas. 4. Design Standards 4.1 Any building facade fronting Shady Elm Road or the proposed East -West Collector shall be constructed of one or a combination of the following : cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. 42 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -West Collector as a monument style sign that shall not exceed 30 feet in height. If revisions to the Frederick County Zoning Ordinance are made which would limit the size and /or number of signs to a greater extent than the aforementioned standards, then the Applicant shall conform with the sign ordinance standards in existence at the time of issuance of a permit for any sign located on the Property. 3 of 5 Proffer Statement Historic Resources • Artillery Business Center 5.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. 6. Escalator Clause 6.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ( "Board ") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (`CPI -U ") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non - compounded. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) 4of5 Ah 0 SHADY ELM ROAD " HEDGEROII AS RE?rARBD PER 163- 2YE(I1J(aJ 3 TREES PLANTED PER l0 LINEAR PEST (EVERGREEN) PARKING AREA STREET TREES 50' 40" R/W DEDICATION & ON CENTER NORTHBOUND LANE IMPROVMENTS EXISTING SHADY ELM ROAD (40' R/W) NOTE STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED - IN ADDITION TO ANY LANDSCAPING OTHERW REQUI BY ORDINANCE EAST —WEST COLLECTOR ROAD PARKING SETBACK (MINIMUM) ART /L L ERY BUSINESS CENTER o EXHISIT A O � Q V FREDER /CK COUAI wRG /N/q 05' PARKING SETBACK (MINIMUV) TREES AND LANDSCAPE SCREEN S PER 10 LINEAR FEET) PROVIDED ZANTSCAPING OTHERWISE REQUIRED BY ORDINANCE Pafton, Harris, Rust & Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Proffer Statement • 0 Artillery Business Center Venture I of Winchester, LLC By: —AI(S) Date: fL -Rtl_4-4&d _ 7, Z60 9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 1� day of -ee L A _ 200%b r°asge M �vu el My commissi° xp es Notary Public ;' /; ;' 11 P i.:' F 9 . Common - z Cr Virginia Reg. #;;:35897 My Commission Expire; Aug_ 31, 2011 5 of 5 0 0 REZONING APPLICATION #08 -07 ARTILLERY BUSINESS CENTER Staff Report for the Board of Supervisors Prepared: October 23, 2007 (updated February 5, 2008) Staff Contact: Michael T. Ruddy A1CP, 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. Reviewed Action Planning Commission: 11/07/07 Tabled by PC 12/19/07 Tabled by PC 01/16/08 Recommended Denial Board of Supervisors: 02/13/08 Pending PROPOSAL To rezone 58.7 acres from RA (Rural Areas) Districtto MI (Light Industrial) District, with proffers. LOCATION The property is located east and adjacent to Shady Elm Road, approximately 1.500 feet south of Route 37. MAGISTERIAL DISTRICT Back Creek PROPERTY ID NUMBER 75 -A -1 PROPERTY ZONING RA (Rural Areas) PRESENT USE: Agricultural and residential ADJOINING PROPERTY ZONING & PRESENT USE North: M1 Use: Industrial South: RA (Rural Areas) Use: Agricultural East: B3 (Industrial Transition) Use: Commercial /vacant West: RA (Rural Areas) Use: Agricultural Ml (light Industrial) Vacant PROPOSED USES Light Industrial Office and Warehouse Uses (0.4 FAR proffered). 0 46 Rezoning #08 -07 — Artillery Business Center February 5, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 651, 652 and 11. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed several submissions of proposed transportation proffers offered to mitigate the development's potential trip generation. While not satisfied that the transportation proffers offered in the Artillery Business Center Rezoning Application dated December 26, 2006, revised October 9, 2007 it appears that through a combination of previous proposed proffers, as well as the current proffer by the application the transportation concerns associated with this request can be adequately addressed. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Department of Inspections: Demolition permit and asbestos inspection shall be required prior to the removal of any structures. No additional comments required at this time. Department of Public Works: 1. Refer to page 2 of 4, Transportation: The discussion of Scenario A indicates that 60 percent of the trips would utilize Apple Valley Road and 40 percent would use Springdale Road. It appears that the existing traffic distribution is approximately 80:20. Considering the current condition of Springdale Road, we conclude that the 80:20 distribution is more realistic than the 60:40 distribution. 2. Refer to page 3 or 4, Environmental Features: a. The narrative indicates that the property does not contain any wetlands. However, a review of available aerial photographs indicates the existence of a pond on the property. A wetland study needs to be performed to verify that this pond does not represent a wetland. b. The discussion of drainage needs to address stormwater management and the potential impact on a karst environment. c. The discussion of soils needs to be expanded to include a review of the karst geology and the potential for sink hole development. This condition is particularly relevant along the eastern property boundary. 3. Refer to page 4 of 4, Solid Waste Disposal Facilities: Indicate if the solid waste projection is presented as pounds per day or pounds per year. 4. Refer to the proffer statement, Site Development Item 2.2: The dedication right -of- ways should be sized to accommodate sufficient turning radii at the intersection with Shady Elm Road. The discussion indicates that "entrances to the said roadway will be located at a minimum of 400 feet apart". This statement raises the question, "apart from what ?" Frederick - Winchester Service Authority: No comments. Sanitation Authority Department: We have capacity and can provide sewer and water service to this site. 0 6 Rezoning 908 -07 — Artillery Business Center February 5, 2008 Page 3 Department of Parks & Recreation: No comment. Health Department: The Health Dept. has no objections as long as no septics or wells are proposed or existing. If any existing septics or wells are located, please call the Health Department for proper abandonment procedures. Winchester Regional Airport: We have reviewed the proposed rezoning application. Allowed uses under this rezoning should not impact airside operations at the Winchester Regional Airport therefore we have no further comment regarding this rezoning request. 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. Historic Resources Advisory Board: The 1-IRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Study of Civil War Sites in the Shenandoah Valley The subject parcel is the site of the Route 651 House (DHR #1042), dated from circa 1880 -1910 and representing a typical example of a vernacular I- House. This project also adjoins the Henry Carbaugh property (DHR 34- 1040). The Henry Carbaugh House represents a typical vernacular Queen Anne -style dwelling constructed in the early twentieth century and still retains many elements of its original construction, as noted in Frederick County, Virginia: History Through Architecture. Although neither of these two structures is listed as potentially significant by the Rural Landmarks Survey mitigation of the impacts to these structures should be considered. In addition, a small portion of the property is located in the study area of the I" Kemstown Battlefield. Although not located in the core area of the battlefield, attention should be given to the potential archeological significance of this property in the battle for Kemstown. The application states that the applicant proposes to construct no more than 327,000 square feet of office space and no more than 327,000 square feet of warehouse space. The HRAB feels that this proposed development can address several issues prior to the rezoning of this property. If the property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: Archeological Survey and Documentation. The HRAB felt that there is a need to document the historic and archeological significance of the property based upon the proximity to the I" Kemstown Battlefield area and the location of the historic structure on the property. The HRAB suggested documenting the house and any out - buildings for their historical significance including identifying past owners /occupants, building materials, architectural features, photographs of both the interior and exterior, etc. The HRAB also suggested a Phase 1 one archeological survey would be appropriate to determine the presence of any battlefield artifacts on the property. Attorney Comments: 1. In Proffer 2.2, at the end of the second sentence I would recommend that the following words be added "..., in the location shown on the Generalized Development Plan." 2. In proffer 2.3, it is not clear who makes the determination that an internal access road is "necessary'. That should be clarified. Planning Department: Please see letter claled March 23, 2007, signed by Susan K. Eddy. Senior Planner. Rezoning #08 -07 — Artillery Business Center February 5. 2008 Page 4 Plannin! & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels 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. 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 property is located within the County's Sewer and Water Service Area (S WSA) and the site is within the limits of the Southern Frederick Land Use Plan. The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The Southern Frederick Land Use Plan and the Eastern Frederick County Long Range Land Use Plan designate this area for industrial land use. The Plan recognizes the desire to provide for industrial uses along the CSX Railroad. The proposed M1 light industrial rezoning is consistent with the land use designation of the Comprehensive Plan. The application of quality design standards for future development is also an objective of the Plan; in particular, along business corridors. These include landscaping, screening, and controlling the number and size of signs. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). • i Rezoning 908 -07 — Artillery Business Center February 5 2008 Page 5 The Eastern Road Plan of the Comprehensive Policy Plan and the Southern Frederick Land Use Plan calls for Shady Elm Road to be improved to a major collector road. In addition, a new east west major collector road connecting Shady Elm Road to Route I 1 is identified. The County's Eastern Road Plan further defines the appropriate typical section for these major collector roads as an urban divided four -lane facilit The construction of planned major collector road typical sections, as identified in the Comprehensive Plan, is not provided for by this application. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does not achieve a level of service C or better on the roads and intersections studied in the application's TIA. It is important to note that the County's Eastern Road Plan does not call for improvements to Springdale Road. Therefore, the Applicant should concentrate any efforts to address their transportation impacts on those roads and intersections identified in the Comprehensive Plan; in particular, Shady Elm Road, the new east west major collector road, and the intersection of Apple Valley Road and Route 11. Site Access and circulation The Comprehensive Plan generally provides for a limitation on the number of entrances that may be located along business corridors. Further, the Plan generally seeks to address pedestrian accommodations. No pedestrian accommodations have been provided internally to the project and, more importantly, along the projects frontage with the planned major collector roads. 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 Frederick County Engineer has referenced the potential for wetlands to exist on this site based upon the presence of an existing pond. Also, the Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design as this area is also known for karst topography. The property is the site of a historical house, the Route 651 House (DHR #1042), dated from circa 1880 -1910 and representing a typical example of a vernacular I- House. This project also adjoins the Henry Carbaugh property (DHR 34- 1040). The HRAB suggested the following be considered to mitigate impacts on historic resources: the completion of an archeological survey and documentation of the property, and the completion of a Phase 1 archeological survey to determine the presence of any battlefield artifacts on the property. The application does not presently address the comments provided by the FIRAB. 0 0 Rezoning 408 -07 — Artillery Business Center February 5, 2008 Page 6 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application evaluated two scenarios. Scenario A assumes the existing road network with development access to be provided via a single site driveway located on Shady Elm Road. Scenario B assumes, in addition to Scenario A, direct development access to Route 11 via a future roadway link planned over the existing railroad and through the proposed Renaissance Commercial Center. The original TIA assumed 326,700 square feet of office use and 326,700 square feet of Tight industrial use. This was generally consistent with the proffered square footage limitation on the use of the property based upon a 0.25 FAR. However, concern has been raised regarding the trip generation figures used in the TIA. As a result, the inaccuracy of the trip generation figures brings into question the conclusions provided in the TIA. Using trip generation figures from the TIA, the proposed rezoning is projected to generate 3,562 average daily trips (ADT). An addendum to the TIA, dated September 12, 2007, was provided which reflected a change in the land use and FAR. The proffered square footage limitation has been increased to a 0.4 FAR. As a result, the TIA assumes 511,395 square feet of light industrial land use and 511,395 square feet of warehousing resulting in a trip generation of 5,950 average daily trips (ADT). Concerns remain with the TIA, in particular with the land uses used and the trip generation numbers. The TIA may not represent the most intensive use of the property enabled by the M 1 zoning or the proffered square footage limitations. The addendum to the TIA continues to indicate that, with the exception of the intersection of Route 11 and Springdale Road, Level of Service C conditions or better will be maintained on study roads and intersections with the following improvements. A level of service D is identified at Route 11 and Springdale Road during Scenario B. I . The proposed signalization of Springdale Road and Route 11, Scenario A (not a desirable avenue for industrial development traffic). 2. Improvements to the intersection and signalization of Apple Valley Road and Route 11. 3. Improvements to the intersection and signalization of Renaissance Driveway and Route 11 (Scenario B). 4. Improvements to the intersection and signalization of Site Driveway and Shady Elm Road (Scenario A). 5. Improvements to the intersection and signalization of Shady Elm Road and Apple Valley Road (Scenario A). The application fails to address the transportation impacts generated by the request as identified in the Applicant's TIA. 0 0 Rezoning #08 -07 — Artillery Business Center February 5, 2008 Page 7 Transportation Program (as provided for with the 0I115108 Proffer Statement). The Applicant's transportation program provides for right -of -way dedication along Shady Elm Drive (40 feet in addition to the existing ROW for a total ROW of 80'), construction of the widening of the northbound lane of Shady Elm Road, right -of -way dedication along 1,100 feet of the southern property line to partially accommodate an east west major collector road (80 feet in width), the design of a rural four -lane road to approximately 1,100' east of Shady Elm Road, the potential construction of a rural two -lane section (westbound lanes) of this road based upon several triggered conditions, and a monetary contribution in the amount of $250,000 to the County for the design and construction of the future east west Collector Road or other transportation improvements, and the potential design of an at -grade crossing of the railroad tracks. None of the above improvements identified in the Applicant's TIA have been addressed by this application's transportation program. In addition, the Applicant's transportation program does not provide for or advance the County's Eastern Road Plan element of the Comprehensive Plan. Bicycle and pedestrian accommodations have not been provided in the applicant's transportation program. The Applicant has completely addressed this element. B. Sewer and Water Water demand for the site would be approximately 29,350 gallons per day. Sewer generation is projected to be equivalent to the water demand at approximately 29,350 gallons per day. The Frederick County Sanitation Authority has stated that they have capacity and can provide sewer and water service to this site. The wastewater from this site would be directed to the Parkin's Mill Wastewater facility. C. Community Facilities The development of this site will have an impact on community facilities and 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 addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. The application also provides for a monetary contribution in the amount of $2,500 for the Sheriffs Office and $2,500 for general government purposes in an effort to address the impacts to these community facilities. 5) Proffer Statement — Dated December 26, 2006; revised through January 15, 2008. A) Generalized Development Plan The Applicant has provided a basic Generalized Development Plan which simply illustrates the proffered transportation improvements described in this report and the two identified land bays. 0 • Rezoning 908 -07 — Artillery Business Center February 5, 2008 Page 8 B) Land Use The Applicant has limited the development of the property to a 0.4 Floor Area Ratio (FAR), to a minimum of three users contained on the property upon final build -out, and has made a commitment that no warehouse- distribution facility greater than 200,000 square feet shall be built on the property within five years of the date of final rezoning. Obviously, this is a temporary, short term approach to addressing this concern. The Applicant has proposed signage limitations along Shady Elm and the collector road. However, the limitation proposed may be in excess of those signage standards currently being proposed through the DRRS. C) Transportation This application has provided for additional dedication of right -of -way along Shady Elm Road resulting in an eighty foot right -of -way, and the widening of the existing northbound lane along the property's Shady Elm frontage. The application has provided for the dedication of an 80 foot right -of -way along their southern property line for a minimum of 1,100 feet. The Applicant has proffered the design of a rural four -lane divided collector road for this 1,100 feet section. The Comprehensive Plait identifies this important road as an Urban jour - lane divided roar. This should be recognized in this application. The design of the bridge necessary to accommodate this road has not been proffered by the Applicant. Therefore, care should be taken when evaluating the value of designing a major collector road without understanding the design, and ultimately obtaining the approval by CSX, of the bridge necessary to accommodate the road. The Applicant has proffered to design an at -grade crossing. However, this is only if the County or others obtain the rights for an at -grade crossing. The rationale for constructing an at -grade crossing of the railroad trucks for such an important collector road has to be questioned. The construction of the westbound two lanes as a two lane rural undivided road is proffered for a minimum of 1,100 feet. Please be aware that the proffer providesforseverallriggersfor the construction of this improvement. It should be ensured that the road construction is timely with the development of this property. A second trigger is provided for the construction of 1,100 feet of this road as an R2, on the Applicant's property, which is at such time construction commences of a bridge over the adjacent railroad. However, no design or construction of the bridge crossing is provided by the Applicant. The final trigger ensures that, at the latest the westbound R2 I,100foot section of the collector road would be constructed prior to December 21, 2013. In addition to the above, the Applicant has proffered a contribution to the County in the amount of $250,000 for the design and /or construction of the future east -west Collector Road or for any other transportation improvements as deemed necessary by Frederick County or VDOT. presently, the County is not in the road building or bridge design business. It would be more appropriate for the Applicant to undertake this effort to secure the approval of a future bridge crossing, facilitate the future development of their property, and help mitigate the transportation impacts associated with the potential development of 58 acres of MI zoned land. The Applicant has proffered a limitation on the number of entrance providing access to the site to two from the east -west collector road and two from Shady Elm Road. r 0 Rezoning 908 -07 — Artillery Business Center February 5. 2008 Page 9 D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. The application also provides for a monetary contribution in the amount of $2,500 for the Sheriffs Office and $2,500 for general government purposes in an effort to address the impacts to these community facilities. E) Other In addition, the Applicant has proffered landscaping, buffering and hiker/biker facilities along the properties frontage with Shady Elm and the new collector road. This includes to one tree every fifty feet along Shady Elm Road and the east -west collector road and a double row of evergreen plantings along either side of a ten foot trail. With regards to the properties historical resources, the Applicant has proffered to complete an architectural survey of the structures of the property. Rather than completing the preferred archeological survey of the property as recommended by the HRAB, the Applicant has proffered a $5.000.00 contribution towards efforts at Star Fort. STAFF CONCLUSIONS FOR 11/07/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Southern Frederick Land Use Plan. However, the application does not fully recognize the transportation improvements identified for this area in the County's Eastern Road Plan. Further, the transportation impacts associated with this rezoning request, as identified in the Applicant's T1A, have not been mitigated by the Applicant. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/07/07 MEETING Six citizens spoke during the public comments portion of the hearing; all but one citizen was opposed to the rezoning. Those who were opposed were primarily residents of Hedgebrook Hills and adjacent areas and most were unaware this area had been designated for industrial development when they purchased their homes. They stated that allowing industrial and commercial uses to encroach on the existing residential neighborhood would be aesthetically unappealing and would negatively affect their quality of life. They believed industrial zoning would set a precedent for additional rezoning, particularly on the Carbaugh property, and it would negatively affect the value of their homes. They expressed concern about increased traffic on local roads and the safety of neighborhood children. It was noted that existing local roads did not have the capacity to handle industrial traffic and Springdale Road was not wide enough for two vehicles to pass. The one citizen who spoke in favor of the rezoning was a partner in a local business on Prosperity Drive. He agreed Springdale was substandard and a satisfactory connector road was needed through this entire area; he believed this rezoning could supply that new connector. Planning Commission members did not believe the rezoning package was sufficiently complete for them to vote at this time. They commented that the transportation package needed additional work; some questioned why the applicant had no plans for improving the road base or width of Shady Elm • Rezoning #08 -07 — Artillery Business Center February 5, 2008 Page 10 Road. Commissioners believed there were ways this site could be developed into an attractive industrial park and be compatible with the residential community around it. They suggested a number of ideas that could be incorporated to enhance the package, such as: segregating sidewalks from the industrial area; utilization of expanded buffers, berms, and landscaping; and, addressing the standard of appearance by avoiding steel - framed structures with metal exteriors. In addition, Commission members disliked receiving proffer revisions on the same day as the public hearing because it did not provide them enough time to thoroughly review the document. A motion was made, seconded, and unanimously passed to table the rezoning application for 45 days to give the applicant additional time to enhance the rezoning package and to allow the Commission the opportunity to review the revised proffers. (Commissioner Manuel abstained from voting.) STAFF UPDATE FOR 12/19/07 PLANNING COMMISSION MEETING: In response to the input the Applicant received before, during, and atler the November 7, 2007 Planning Commission meeting, a revised proffer statement dated November 15, 2007, including a revised generalized development plan and proffered exhibit was submitted for the Planning Commission's consideration. Previously, the Applicant had modified their proffer statement in a version dated 11/06/07 which generally included transportation related changes. This effort was the result of a significant amount of communication and cooperation between staff, VDOT, and the Applicant and generally went a long way towards satisfying the outstanding transportation concerns associated with this project. As previously noted, the transportation proffer statement did not fully satisfy either scenario in the Applicant's TIA, rather it addressed elements of both scenarios modeled in the Applicant's TIA by attempting to deal with the longer term transportation solution while simultaneously offsetting the near term impacts. At your November 7 meeting, the Commission expressed additional concerns regarding the transportation impacts of this request. In the latest proffer statement, dated November 15, 2007, the Applicant has further modified the proffers in an effort to clarify the commitments they have made and to attempt to satisfy some of the concerns that have been expressed to date. In summary the Applicant has: • Modified their basic Generalized Development Plan to illustrate two land bays in addition to illustrating their proffered transportation improvements described in this report. The purpose of this is to provide an additional trigger for the construction of a portion of the east west collector road. • Included an exhibit, Exhibit A, which details the landscape buffers, hiker/biker facilities, and right -of -way dedication proffered in Section 3 of the proffer statement along both Shady Elm Road and the future east west collector road. • Rezoning 908 -07 — Artillery Business Center February 5, 2008 Page 11 • Added Section 3 to the proffer statement which describes the above exhibit and further describes that the Applicant will make available for future dedication to the County or State an additional area along Shady Elm Road twenty feet in width. This is beyond that area previously dedicated in Section 2.1. This area is in the area commonly set aside for the twenty five foot parking lot setback. Outside of this twenty foot distance buffer, the provision of a fifteen foot trail and landscaping easement is proffered, in essence resulting in a thirty five foot front parking setback. Please recognize that when this right -of -way dedication is implemented, the front parking lot setback along Shady Elm Road would be reduced to fifteen feet, less than current standards. • Added to the landscaping buffer the planting of four ornamental trees between each of the previously proffered one street tree for every fifty feet along the collector road frontages of the property. • Clarified the provision of a hiker /biker trail along the collector road frontages of the property. • Clarified the initial dedication of right -of -way along Shady Elm Road in the amount of twenty feet. This is the same amount as would be required to be dedicated as part of the subdivision process. • Clarified the triggers for the construction of the east west collector road. • Provided for the signalization of any intersection in the vicinity of the site with a monetary cap in the amount of $200,000.00, or an equivalent cash contribution in the amount of $200,000.00 for general transportation improvements in the vicinity of the site. • Reduced the monetary contribution for the design and /or construction of a bridge over the railroad or other improvements from $50,000.00 to $25,000.00 while maintaining flexibility with the application of these monies for the design and/or construction of the future east west collector road or any other transportation improvements deemed necessary by Frederick County or VDOT. • Included a proffer stating that the property shall contain a minimum of three users upon final build out. • Provided for a monetary contribution in the amount of $5,000.00 for improvements to Star Fort and proffered to complete a survey documenting any historical structures on the property in general accordance with the guidelines of the Department of Historic Resources. Please recognize that no limitation ofthe specific uses has been proffered out nor have any restrictions been placed on the size and scale of the buildings or uses. The minimum of three users proffer provided is extremely flexible and should be carefully evaluated. The Planning Commission previously expressed concern regarding large warehouse and distribution uses on this site. The County's targeted industries seek to maximize the available land uses from tax and revenue generation perspective. In relationship to the concerns expressed relating to the appearance of these developing business corridors and the buffering of the adjacent residential land uses, the net result of the modified proffer statement, above what would be required by ordinance, is the following; an additional ten feet in distance between the edge of the Shady Elm Road right -of -way and the parking lot resulting in a thirty five foot front parking setback, the street trees at a ratio of one tree for every fifty feet previously 0 0 Rezoning 908 -07 — Artillery Business Center February 5. 2008 Page 12 included in the proffer statement, and an additional four ornamental trees planted between each street tree. Staff has noted that a significant amount of landscaping has been proposed within a minimal 5' space between the proposed trail and the edge of the parking lot, in particular, when you take into consideration the parking lot landscaping required by ordinance. It may be more sustainable and offer a better buffer if the landscaping that is in addition to what is already required by ordinance (the Street and Ornamental Trees) is placed in the 5' to 10' area immediately in front of the trail. This would appear to be achievable along the east west collector road, and i f care is taken to locate this additional landscaping as close to the west side of the trail as possible, also along Shady Elm Road. STAFF CONCLUSIONS FOR 12/19/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning remain consistent with the Southern Frederick Land Use Plan. Careful consideration should be given to ensuring the Commission's satisfaction that the application fully recognizes the transportation improvements identified for this area in the County's Eastern Road Plan and mitigates the impacts of this request. In addition, the corridor appearance and buffering of the adjacent residential land uses should be accomplished to the satisfaction of the Commission. PLANNING COMMISSION SUMMARY AND ACT10N OF THE 12/19/07 MEETING: Following a lengthy public hearing at which twenty one citizens spoke, a motion was made and seconded to approve the rezoning; however, this motion was defeated by a majority vote. A second motion was made, seconded, and passed to table the rezoning application for 30 days to give the applicant additional time to address issues associated with this rezoning request. (Commissioner Manuel abstained from voting.) STAFF UPDATE FOR 01/16/08 PLANNING COMMISSION MEETING: The Applicant provided a revised Proffer statement dated December 21, 2007 in response to the issues raised by members of the Planning Commission and members of the public at the December 19, 2007 Planning Commission meeting. The following is a summary of the changes. Proffer 1.4 has been increased to provide for a monetary contribution to the County of Frederick in the amount of $250,000.00 for off -site transportation improvements. This is a net increase of $25,000.00 from the previous proffer and consolidates the monetary contribution for transportation. Rezoning #08 -07 — Artillery Business Center February 5, 2008 Page 13 • Proffer 2.1 has been changed to provide for the dedication of forty feet of right -of -way along the property frontage for Shady Elm Road. This results in the necessary eighty foot right -of -way for an improved major collector road and the required twenty five foot parking lot setback in compliance with Ordinance requirements. • Proffer 2.7 has been added which states that no warehouse - distribution facility greater than 200.000 square feet shall be constructed on the property within five years of the date of final rezoning. Obviously, this is temporary, short term approach to addressing this concern. • Proffer 3.1 pertaining to landscaping and trails has been modified to provide for a densely planted landscape screen consistent with the Zoning Ordinances standards for a landscape screen, in addition to the street trees planted fifty feet on center. 'This landscaping and a ten foot trail will be located within the twenty Five foot parking lot setback adjacent to the right -of -way. • Proffer 4.1 has been modified to refine the materials for the building facades. STAFF CONCLUSIONS FOR 01/16/08 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning remain consistent with the Southern Frederick Land Use Plan. The corridor appearance, buffering of the adjacent residential land uses, and right -of -way dedication has been addressed to meet the minimum expectations. However, the transportation improvements identified for this area in the County's Eastern Road Plan and the mitigation of the transportation impacts of this request should be recognized further. The transportation impacts associated with this request as identified in the Applicant's TIA have not been fully mitigated. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/16/08 MEETING Ten local residents expressed concerns with the proposed project. The primary concern raised was the absence of adequate transportation infrastructure to take care of this project and other projects currently underway in the area. They were concerned the applicant's transportation proffers did not fully address the impacts this project would generate; and, in addition, there were no guarantees the off -site transportation improvements required to support the development in this area would be completed in the foreseeable future. Residents requested higher standards of screening and buffering with dense landscaping and greater setbacks, along with a 50 -foot height restriction on buildings. The issue of possible interruption of residential well water systems was raised, along with safety concerns for senior drivers and children, bikers, and pedestrians. A member of the local business community, with Prosperity Properties, an adjoining property owner, spoke in favor of the rezoning and believed the applicant had offered his fair share to mitigate impacts. Commission members and staff discussed whether the local or the regional transportation improvements should receive priority in considering this rezoning and the applicant's proffers. Commission members expressed concern that any complication with the railroad crossing will hold up Rezoning 408 -07 — Artillery Business Center February 5 2008 Page 14 the East -West collector and affects to Shady Elm, Apple Valley, and Route 1 1 will follow. There were also unknowns regarding the adjoining Carbaugh tract. The applicant believed their revised proffers addressed both the regional transportation impacts, with their proffer to construct 1100 feet of roadway, and the local impacts on Apple Valley with their monetary proffer and funding of the design of the railroad crossing. The applicant had submitted two alternative proffer revisions just prior to the meeting. These were.in addition to the revised proffer statement in the Commission's agenda package, dated December 21, 2007. Members of the Commission questioned the appropriateness of choosing1between alternative sets of proffers. In addition, they were not in favor of receiving revised proffers on the same day an application was to be considered. Other Commissioners were of the opinion that even with the revised proffers, the application did not fully address the transportation impacts generated by this request or further the goals of the Comprehensive Policy Plan. By a majority vote, the Planning Commission recommended denial of the rezoning request. The vote was as follows: YES (TO DENY) Mohn, Kriz, Ours, Light, Oates, Watt NO: Triplett, Wilmot, Unger ABSTAIN Manuel (Note: Commissioners Thomas and Kerr were absent from the meeting.) 0 0 Rezoning 908 -07 — Artillery Business Center February 5, 2008 Page 15 STAFF UPDATE & CONCLUSION FOR 02/13/08 BOARD OF SUPERVISORS MEETING: Following the Planning Commission's recommendation of denial of this application, the County received correspondence on January 29, 2008 from the Applicant withdrawing the Proffer Statement identified as Alternative 2. The Applicant requested that the' Proffer Statement previously identified as Alternative 1 be the Proffer Statement that is presented to the Board for your consideration at your February 13, 2008 meeting. This Proffer Statement, Previously Alternative 1, is generally consistent with that reviewed, and ultimately recommended for denial, by the Planning Commission. The Applicant provided a second item of correspondence on February 1, 2008; a memorandum which attempted to supplement the information provided in the Applicant's T1A. An evaluation by the County's Transportation Planner of this latest information is summarized as follows: Additional Transportation Comments (Mr. John Bishop, AICP). In the updated traffic study, the applicant has opted to analyze their traffic without including the background traffic produced by previously approved developments. In the cover memorandum the applicant states that only two or three of the background developments would be fully developed by the applicant's proposed build out year of 2010. It is staff's assertion that the applicant is not in a position to predict when other developments will be built out, and even if it were, it is inappropriate to ask the Board to consider this application without considering previous approvals granted by the Board. Considering the applicant's traffic impact on a transportation system that does not include the previous approvals does not give an accurate picture of their true impact on the future transportation system. In summary, the transportation system that does not have the previously approved development has more capacity to absorb the applicant's traffic than the transportation system that does include the previously approved development. It is the transportation system that includes previously approved developments that must be considered when measuring whether this applicant is offsetting their traffic impacts, since that is the more realistic scenario. To do less would be to assume the County or VDOT will be addressing the shortfalls which, in light of transportation funding trends, may be a significant challenge. In conclusion, the land uses proposed in this rezoning remain consistent with the Southern Frederick Land Use Plan. The corridor appearance, buffering of the adjacent residential land uses, and right -of -way dedication has been addressed to meet the minimum expectations. However, the transportation improvements identified for this area in the County's Eastern Road Plan and the mitigation of the transportation impacts of this request have not been fully recognized. The Commission carefully considered the impacts generated by this request, in particular, the transportation impacts of the request. This rezoning does not fully achieve an acceptable level of service at the intersections identified in both scenarios modeled in the applicant's TIA. The level of service of the surrounding roads and intersections is not being maintained or improved. Ultimately, the Planning Commission recommended denial of this request. 0 0 STAFF UPDATE & CONCLUSION FOR 02/13/08 BOARD OF SUPERVISORS MEETING: Following the Planning Commission's recommendation of denial of this application, the County received correspondence on January 29, 2008 from the Applicant withdrawing the Proffer Statement identified as Alternative 2. The Applicant requested that the Proffer Statement previously identified as Alternative 1 be the Proffer Statement that is presented to the Board for your consideration at your February 13, 2008 meeting. This Proffer Statement, previously Alternative 1, is generally consistent with that reviewed, and ultimately recommended for denial, by the Planning Commission. The Applicant provided a second item of correspondence on February 1, 2008; a memorandum which attempted to supplement the information provided in the Applicant's TIA. An evaluation by the County's Transportation Planner of this latest information is summarized as follows: Additional Transportation Comments (Mr. John Bishop, AICP). In conclusion, the land uses proposed in this rezoning remain consistent with the Southern Frederick Land Use Plan. The corridor appearance, buffering of the adjacent residential land uses, and right -of -way dedication has been addressed to meet the minimum expectations. However, the transportation improvements identified for this area in the County's Eastern Road Plan and the mitigation of the transportation impacts of this request have not been fully recognized. The Commission carefully considered the impacts generated by this request, in particular, the transportation impacts of the request. This rezoning does not fully achieve an acceptable level of service at the intersections identified in both scenarios modeled in the applicant's TIA. The level of service of the surrounding roads and intersections is not being maintained or improved. Ultimately. the Planning Commission recommended denial of this request. Frederick County, V Re- Zoning REZ #08 -0 Application Artillery Bus Center Parcel ID: 75 -A -1 Location in the "unty Map Features O Hamlets . Rppliwton a!v FWwm M37 Bypass b L k.L .nd. streams Builtli p etrceK ti s 1r sewntlery C Tereiary is Urban Development Mea wa sWSN E y Op egaon ' w a ro s fi VlrylM A � n t l 4! y" 1 V�rymu ' C Location in Surrounding Area 0 250 500 "A. © Case Planner: Mike Map Document: (N:\Planning_ And _Development\ l_ Locator_ MpsW rtilleryBusinessCenter _REZ0807_071207.mxd)7 /12/2007 -- 3:13:13 PM ��, �� I REZ # 08 - 07 c � r , Zoning Frederick County, V Re- Zoning REZ #08 -0' Application Artillery Buy Center Parcel ID: 75 -A -1 Location in the Lounty Map Features O Hamlets Zaning - Application sia 91 (Business, Neighborhood Di M Future Rt37 Bypass ® 82 (Business, General Distnd) a5 LakeslPonds alas B3 (Business, Industrial roman -- Streams ON, EM (Erdradrve Menufadunn, D BuiMings HE (Higher U nation Dishlsp streets Mt ( Industral, LIgM Districn , Primary as M2(IndusNal, General Diitdd) ^ Secondary • MHi(Mobite Home Community ti Tereiar, 4111b MS (Madinat Support Distrid) :a Urban Development Area. RI(Ranchurdiai, Planned Corm. el R5 (Residential Recreational Cc RAZ (Rum] Area Zone) RP (Residential Penonnance Di M SWSA o 250 600 1,DRg Case Planner: Mike Map Document: (N:1Planning And_Developmem \_1_ Locator_ MpsW rtilleryBusinessCenter _REZ0807_071207.mxd) 7 /1212007 — 3:13:13 PM Location in Surrounding Area �W Frederick County, Re- Zoning REZ #08 -( Applicatior Artillery Bu Center Parcel ID: 75 -A -1 Location in the county Map Features O Remkts - Application all Future Rt37 Bypass O LakeslPonds ^— streams all, Buildings Spreads , Primary ti Bewnday Reeler, .s Urban Development Area M SMA Long Ranee Lend Use Rural Community Canter Residential Business Industrial 69 Inatdutionel Recreation kD Kidder. ® Mixe6USe ® Planned Una Development 0 250 509 ,.' Reef Case Planner: Mike Map Document: ( N:\Planning_And_Development \_1 _Locator _ Mps\ MilleryBusinessCenter _REZ0807_071207.mxd) 7112/2007 -- 3:13:13 PM Location in Surrounding Area Frederick Artillery Bu Map Features O Hamlets - Application M Future Rt37 Bypass O LakeslPonds SVeams I Primary M Secondary ti Tertiary Qa Urban DevelopmentArea M SWMA Location in Surrounding Area Map Document: (N:tPlanning_And_Development% 1_ Locator_ MpsW rtilleryBUSinessCenter _REZ0807_)71207. mxd) 7/12/2007 -- 3:13:13 PM 01 October 2007 Artillery Business Center INTRODUCTION The 58.7 acre Artillery Business Center is comprised of a single tax map parcel identified as 75 -A -1. The Property is located adjacent to Shady Elm Road just South of Route 37 with access provided to Route 11 by Apple Valley Road to the North and Springdale Road to the 'South (See Figure 1). Currently, the subject acreage is zoned RA (Rural Areas) but bounded to the' North and West by property zoned M1 (Light Industrial) with property zoned B3 (Industrial Transition) bounding the project site to the East (See Figure 2). I The Property is located wholly within the Sewer and Water Service Area j (SWSA). Recently, Frederick County approved revised boundaries for the Urban Development Area (UDA). Originally, the subject property was located within the UDA. With the adoption of the revised UDA boundary, however, the Property is now located outside of the UDA. The Comprehensive Policy Plan identifies that areas located outside of the UDA but within the SWSA boundary are intended for commercial and industrial uses. This application seeks to rezone the Property from RA (Rural Areas) to the M1 (Light Industrial) zoning district in an effort to integrate the site with the surrounding area, particularly those properties along Shady Elm Road to the north. Rezoning the Property from its current residential /agricultural designation to the light industrial zoning classification will provide for an increasingly viable industrial node that accommodates the County's future land use and transportation goals while bolstering the County's tax base. COMPREHENSIVE POLICY PLAN The Eastern Frederick County Long Range Land Use Plan (EFCLRLUP) identifies industrial as the intended land use designation for the Property and the surrounding area to the North. The site is also located within the boundary of the Route 11 South Land Use Plan. This small area land use plan does not identify an intended land use for the Property but instead simply indicates its current RA zoning designation. As such, the EFCLRLUP can be considered the guiding document regarding the intended land use for the Property. The proposed M1 (Light Industrial) zoning designation would be in keeping with the intended land use identified by the Comprehensive Plan. ACCESS AND TRANSPORTATION Currently, access to Route 11 is provided by Shady Elm Road's connection to Apple Valley Road to the North and Springdale Road connecting Shady Elm Road with Route 11 to the South. The majority of project generated trips will travel north through the existing industrial area fronting Shady Elm Road. The adopted Eastern Road Plan includes a collector road located just South of the subject property that will connect Shady Elm Road with Route 11. This future connection would allow commercial and industrial traffic to avoid using Apple Valley and Springdale Roads as a means of access to Route 11 from Shady Elm Road. The recent Master Development Plan for the Renaissance Commercial Center Property which is located east of the railroad tracks from the subject site has provided the alignment for this planned roadway from Route 11 to the railroad. The Applicant has proffered to design a four Line divided roadway from Shady Elm Road to the planned roadway within the aforementioned Renaissance Commercial Center. The road design would incorporate a 1 of 4 0 C o4j M e CI h a u` o a SHADY ELM LOCATION MAP fR£D£R/CK COUNTY, KRGIN14 Patton, Harris, Rust & Associates, pc 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 FIGURL 1 October 2007 0 Artillery Business Center vertical alignment that would accommodate the future bridge that will be needed to cross the railroad tracks. The Applicant has proffered a monetary contribution of $50,000.00 for the design and /or construction of this bridge. The Applicant will 80 foot right of way dedication along a portion the southern property line and the construction of a two lane section of the collector for a minim distance of 1,100 feet to implement the roadway on the west side of the railroad. The Eastern Road Plan also calls for Shady Elm Road to be a major collector. The Applicant has proffered sufficient right of way to along the Property's frontage with Shad) Elm Road and also proffered to widen the existing northbound lane of Shady Elm Road to a width of 24 feet to accommodate the two future northbound through lanes. i 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. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7" Edition the TIA projects that the proposed development will produce 5,950 vehicle trips per day (VPD). The TIA uses two scenarios to analyze the impact of the proposed rezoning on the subject area street system. Scenario A assumes access is provided by the existing road network with.Apple Valley Road providing access to the North and Springdale Road providing access to the South. Using this scenario, 80 percent of the trips would utilize the northern connection where Shady Elm Road meets Apple Valley Road with the remaining 20 percent of the trips utilizing the Springdale Road — Route 11 intersection. The identified improvements needed to keep the transportation system operating at a Level of Service (LOS) C or better include the following: - Additional northbound and southbound through lanes for Route 11 at Apple Valley Road. - Signalization of Springdale Road —Route 11 Intersection - Signalization of Apple Valley Road — Shady Elm Road Intersection Scenario B assumes access provided by the future connection of Shady Elm Road directly to Route 11 as intended by the Eastern Road Plan. This scenario will serve as the ultimate transportation plan for the subject site as the roadway is currently being planned and provided for on the nearby Renaissance Commercial Center. Under Scenario B, the same improvements found under Scenario A would be needed where Route 11 intersects Apple Valley Road and Springdale Road. In addition, a signal would be needed at the intersection of the new collector road and Route 11. All improvements to this intersection with the exception of an additional northbound through lane are provided by the proposed Renaissance Commercial Center MDP. While the Applicant recognizes that the proposed development would yield increased traffic at the subject intersections, it is important to note that background traffic alone, with the exception of the Apple Valley — Shady Elm intersection, would result in a Level of Service (LOS) that is less than the specified "C" threshold as identified as the goal by the Comprehensive Plan. The Applicant is implementing a road connection between Shady Elm Road and Route 11 which will help mitigate traffic congestion at both the Springdale Road and Apple Valley Road intersections with Route 11. ENVIRONMENTAL FEATURES The site does not contain conditions that would preclude or substantially hinder development activities. The Property does not contain any areas of steep slopes, stream channels, flood plain, or 2 of 4 October 2007 Artillery Business Center wetlands. Verification of wetland data would be provided through a wedand delineation which would be required and completed during the master plan phase of the development process. The General Soil Map of the Soil Survey of Frederick County. Virginia indicates that the soils comprising the subject parcels fall under the Frederick - Poplimento - Oaklet soil association. Such geology is prevalent on land located West of Interstate 81 and accommodates commercial and industrial development as evidenced by development on surrounding parcels. Drainage leaves the site to the East where it meets a drainage divide which directs drainage approximately 3,000 feet South into Opequon Creek. A lack of steep slopes on the 58.7 acre site result in little to no issues associated with drainage (See Figure 3). The site is underlaid by karst geology. During design of on site improvements, proffered geotechnicial studies will be completed to ascertain if there are areas of concern. The final design will reflect measures to address any critical geologic features discovered. SEWAGE CONVEYANCE AND WATER SUPPLY Water service can be provided to the Property by two different scenarios. The first option is to connect to the existing 8" water main on Prosperity Drive, east of the site. The second option is to connect to the existing 12" water main in the Dawson Industrial Park. Assuming a water consumption rate of 500 gpd /acre, water demand for the site would be approximately 29,350 gallons per day. Sewer service would be provided to the site by connection via force main to tap into the existing 6" force main at the Dawson Industrial Park. Sewer flows would be roughly equivalent to the projected water consumption of 29,350 gallons per day. SOLID WASTE DISPOSAL FACILITIES The following table shows a projection of solid waste generation as a part of this project. Development Type Area (Square ft Waste Generation Total Waste lbs Light Industrial /Warehouse 1,022,790 .01 Ibs /s .ft. 10,228 TOTAL 10,228lbs /day Solid waste would be transferred by private carrier and deposited at the County landfill. HISTORIC SITES AND STRUCTURES It is noted that the Frederick County Rural Landmarks Survey identifies two older structures within the vicinity of the site (See figure 4). One of the strictures, identified as "The House off Route 651" ( #34- 1042), is located on the Property but is not listed as potentially significant. Figure 5 includes an up to date photo of the house. The adjacent property to the South includes the Carbaugh House ( #34- 1040). Figure 6 depicts a current photo of the Carbaugh House which is located approximately 1/3 mile south of the subject Property. 3 of 4 > A Nll J j _J 1) Q SHADY ELM Patton, Harris, Rust & Associates, pc SITE DRAINAGE 117 E. Picodilly St. Winchester, Virginio 22601 VOICE; (540) 567-2139 FAX: (54D) 665-0493 FREDERICK COUNTY, VIRCINIA rIUUKt J HUOL 4 ,tom fl 3r4 '. a � ,, y3'•,^�`y' x ` r + t '�,'Y .srk^i yF :,"r nC *s i�Y�'� f �"`S# Y R s :z 9 gU"u n rr `i y � ° A b e " � i ..f ° .s 1F �IL� �ll< �,]��yT '�i� k; ,v�� r t 0 s n � s �� y � � d - er� Wt AN 1'y C v. r AD Patton Rust Associa 'Ri' HOUSE 11 V ir ginia 2260 TRUCTURE J4-1040 VOICE: (540) 567-2139 M. (540) 665-0493 FROERICK O FIGURE 6 October 2007 • 0 Artillery Business Center The National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia indicates that the subject site is located well outside of any core battlefield areas. Figure 7 and Figure 8 depict the Property location with respect to the First Kernstown and Second Kernstown Battlefield. As labeled on each of the battlefield exhibits, the land use along Shady Elm Road has been modified substantially since the 1991 study. As existing development separates the Property from the identified core battlefield for First and Second Kemstown, development of the site would not pose any detrimental impacts to viewsheds or interpretative quality of the battlefields: IMPACT ON COMMUNITY FACILITIES The industrial uses proposed as with this rezoning results in a net positive fiscal,impact for Frederick County. 4of4 rIbUKL FIGURE 8 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA e o owing m ormatzon shall be provided y the applicant: u ° 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. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Venture I of Winchester, LLC Telephone: 540.247.4974 Address: 118 Armstrong Place Winchester, Virginia 22602 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 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: Paige Manuel Mark Lynch James Lynch Randy Kremer 6. A) Current Use of the Property: Residential /Agriculture B) Proposed Use of the Property: Light Industrial 7. Adjoining Property: SEE ATTACHED 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 East and adjacent to Shady Elm Road approximately 1,500 feet South of Route 37. ^ 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 75 -A -1 Districts Magisterial: Fire Service: Rescue Service Back Creek Stephens City Stephens City High School: Middle School: Elementary School: James Wood Orchard View Sherando 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 58.7 RA M1 58.7 - Total acreage to be rezoned 2 9 11. The following information should be provided according to the type of rezoning proposed: Single Family Home Non - Residential Lots Office Retail Restaurant 511,395 511.395 12. Signature: Service Station Manufacturing Flex - Warehouse Other 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) C" —�!� Date Number of Units Proposed Townhome Multi - Family Mobile Home Hotel Rooms Square Footage of Proposed Uses 3 0 ® cx o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 - 665-6395 Know All Men By Those Present: That I (We) (Name) Venture I of Winchester, LLC (Phone) the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 24270 and is described as Tax Map Parcel 75 -A -1 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 Address) 117E Piccadilly Street Suite 200 Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of 200 , State of Vir i�nia, Ct /County of K eAgtl ry To - wit: Yoh i O C' / r LAN of l L i /4 - Fe l l (t a Notary Public in and for the jurisdiction aforesaid, certify that fhe person(s) who signed to the foregoing instrument persoriAJ!y appeared before me �- ,.•'�,- . :�, and has acknowledged the same b / fore me yn the jurisdiction aforesaid this day of llr My Coaunission Expires: 6�, ✓'C -2 60 7 Fotary Public L _ _ REZONING APPLICATION #08 -07 ARTILLERY BUSINESS CENTER Staff Report for the Planning Commission Prepared: October 23, 2007 (updated December 26, 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. Reviewed Action Planning Commission: 11/07/07 Tabled by PC 12/19/07 Tabled by PC 01/16/08 Pending Board of Supervisors: 02/13/08 Pending PROPOSAL To rezone 58.7 acres from RA (Rural Areas) District to MI (Light Industrial) District, with proffers. LOCATION The property is located east and adjacent to Shady Elm Road, approximately 1,500 feet south of Route 37. MAGISTERIAL DISTRICT Back Creek PROPERTY ID NUMBER 75 -A -1 PROPERTY ZONING RA (Rural Areas) PRESENT USE Agricultural and residential North: M1 South: RA (Rural Areas) East: B3 (Industrial Transition) West: RA (Rural Areas) MI (light Industrial) Use: Industrial Use: Agricultural Use: Commercial /vacant Use: Agricultural Vacant PROPOSED USES Light Industrial Office and Warehouse Uses (0.4 FAR proffered). Rezoning 908 -07 — Artillery Business Center December 26, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 651, 652 and 11. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed several submissions of proposed transportation proffers offered to mitigate the development's potential trip generation. While not satisfied that the transportation proffers offered in the Artillery Business Center Rezoning Application dated December 26, 2006, revised October 9, 2007, it appears that through a combination of previous proposed proffers, as well as the current proffer by the application the transportation concerns associated with this request can be adequately addressed. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual. Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Department of Inspections: Demolition permit and asbestos inspection shall be required prior to the removal of any structures. No additional comments required at this time. Department of Public Works: 1. Refer to page 2 of 4, Transportation: The discussion of Scenario A indicates that 60 percent of the trips would utilize Apple Valley Road and 40 percent would use Springdale Road. It appears that the existing traffic distribution is approximately 80:20. Considering the current condition of Springdale Road, we conclude that the 80:20 distribution is more realistic than the 60:40 distribution. 2. Refer to page 3 or 4, Environmental Features: a. The narrative indicates that the property does not contain any wetlands. However, a review of available aerial photographs indicates the existence of a pond on the property. A wetland study needs to be performed to verify that this pond does not represent a wetland. b. The discussion of drainage needs to address stormwater management and the potential impact on a karst environment. c. The discussion of soils needs to be expanded to include a review of the karst geology and the potential for sink hole development. This condition is particularly relevant along the eastern property boundary. 3. Refer to page 4 of 4, Solid Waste Disposal Facilities: Indicate if the solid waste projection is presented as pounds per day or pounds per year. 4. Refer to the proffer statement, Site Development Item 2.2: The dedication right -of -ways should be sized to accommodate sufficient turning radii at the intersection with Shady Elm Road. The discussion indicates that "entrances to the said roadway will be located at a minimum of 400 feet apart". This statement raises the question, "apart from what ?" Frederick- Winchester Service Authority: No comments. Sanitation Authority Department: We have capacity and can provide sewer and water service to this site. • Rezoning #08 -07 — Artillery Business Center December 26, 2007 Page 3 Department of Parks & Recreation: No comment. Health Department: The Health Dept. has no objections as long as no septics or wells are proposed or existing. If any existing septics or wells are located, please call the Health Department for proper abandonment procedures. Winchester Regional Airport: We have reviewed the proposed rezoning application. Allowed uses under this rezoning should not impact airside operations at the Winchester Regional Airport therefore we have no further comment regarding this rezoning request. 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. Historic Resources Advisory Board: The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Studv of Civil War Sites in the Shenandoah Valley The subject parcel is the site of the Route 651 House (DHR #1042), dated from circa 1880 -1910 and representing a typical example of a vernacular I- House. This project also adjoins the Henry Carbaugh property (DHR 34- 1040). The Henry Carbaugh House represents a typical vernacular Queen Anne -style dwelling constructed in the early twentieth century and still retains many elements of its original construction, as noted in Frederick County, Virginia: History Through Architecture. Although neither of these two structures is listed as potentially significant by the Rural Landmarks Survey mitigation of the impacts to these structures should be considered. In addition, a small portion of the property is located in the study area of the I Kernstown Battlefield. Although not located in the core area of the battlefield, attention should be given to the potential archeological significance of this property in the battle for Kernstown. The application states that the applicant proposes to construct no more than 327,000 square feet of office space and no more than 327,000 square feet of warehouse space. The HRAB feels that this proposed development can address several issues prior to the rezoning of this property. If the property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: Archeological Survey and Documentation. The HRAB felt that there is a need to document the historic and archeological significance of the property based upon the proximity to the I s ' Kernstown Battlefield area and the location of the historic structure on the property. The HRAB suggested documenting the house and any out - buildings for their historical significance including identifying past owners /occupants, building materials, architectural features, photographs of both the interior and exterior, etc. The HRAB also suggested a Phase 1 one archeological survey would be appropriate to determine the presence of any battlefield artifacts on the property. Attorney Comments: 1. In Proffer 2.2, at the end of the second sentence I would recommend that the following words be added "..., in the location shown on the Generalized Development Plan." 2. In proffer 2.3, it is not clear who makes the determination that an internal access road is "necessary". That should be clarified. Planning Department: Please see letter dated March 23, 2007, signed by Susan K Eddy, Senior Planner. • f Rezoning #08 -07— Artillery Business Center December 26, 2007 Page 4 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels 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. Comprehensive Poliev 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- 11 Land Use The property is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Southern Frederick Land Use Plan. The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The Southern Frederick Land Use Plan and the Eastern Frederick County Long Range Land Use Plan designate this area for industrial land use. The Plan recognizes the desire to provide for industrial uses along the CSX Railroad. The proposed Ml light industrial rezoning is consistent with the land use designation of the Comprehensive Plan. The application of quality design standards for future development is also an objective of the Plan; in particular, along business corridors. These include landscaping, screening, and controlling the number and size of signs. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). r 9 Rezoning #08 -07 — Artillery Business Center December 26, 2007 Page 5 The Eastern Road Plan of the Comprehensive Policy Plan and the Southern Frederick Land Use Plan calls for Shady Elm Road to be improved to a major collector road. In addition, a new east west major collector road connecting Shady Elm Road to Route 11 is identified. The County's Eastern Road Plan further defines the appropriate typical section for these major collector roads as an urban divided four -lane facility. The construction of planned major collector road typical sections, as identified in the Comprehensive Plan, is not provided for by this application. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does not achieve a level of service C or better on the roads and intersections studied in the application's TIA. It is important to note that the County's Eastern Road Plan does not call for improvements to Springdale Road. Therefore, the Applicant should concentrate any efforts to address their transportation impacts on those roads and intersections identified in the Comprehensive Plan; in particular, Shady Elm Road, the new east west major collector road, and the intersection of Apple Valley Road and Route 11. Site Access and circulation The Comprehensive Plan generally provides for a limitation on the number of entrances that may be located along business corridors. Further, the Plan generally seeks to address pedestrian accommodations. No pedestrian accommodations have been provided intemally to the project and, more importantly, along the projects frontage with the planned major collector roads. 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 Frederick County Engineer has referenced the potential for wetlands to exist on this site based upon the presence of an existing pond. Also. the Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design as this area is also known for karst topography. The property is the site of a historical house, the Route 651 House (DHR #1042), dated from circa 1880 -1910 and representing atypical example of a vernacular [- House. This project also adjoins the Henry Carbaugh property (DHR 34- 1040). The HRAB suggested the following be considered to mitigate impacts on historic resources: the completion of an archeological survey and documentation of the property, and the completion of a Phase 1 archeological survey to determine the presence of any battlefield artifacts on the property. The application does not presently address the comments provided by the HRAB. Rezoning 408 -07 — Artillery Business Center December 26, 2007 Page 6 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application evaluated two scenarios. Scenario A assumes the existing road network with development access to be provided via a single site driveway located on Shady Elm Road. Scenario B assumes, in addition to Scenario A, direct development access to Route 11 via a future roadway link planned over the existing railroad and through the proposed Renaissance Commercial Center. The TIA assumed 326,700 square feet of office use and 326,700 square feet of light industrial use. This was generally consistent with the proffered square footage limitation on the use of the property based upon a 0.25 FAR. However, concern has been raised regarding the trip generation figures used in the TIA. As a result, the inaccuracy of the trip generation figures brings into question the conclusions provided in the TIA. Using trip generation figures from the TIA, the proposed rezoning is projected to generate 3,562 average daily trips (ADT). An addendum to the TIA, dated September 12, 2007, was provided which reflected a change in the land use and FAR. The proffered square footage limitation has been increased to a 0.4 FAR. As a result, the TIA assumes 511,395 square feet of light industrial land use and 511,395 square feet of warehousing resulting in a trip generation of 5,950 average daily trips (ADT). Concerns remain with the TIA, in particular with the land uses used and the trip generation numbers. The TIA may not represent the most intensive use of the property enabled by the M 1 zoning or the proffered square footage limitations. The addendum to the TIA continues to indicate that, with the exception of the intersection of Route 11 and Springdale Road, Level of Service C conditions or better will be maintained on study roads and intersections with the following improvements. A level of service D is identified at Route 11 and Springdale Road during Scenario B. 1. The proposed signalization of Springdale Road and Route 11, Scenario A (not a desirable avenue for industrial development traffic). 2. Improvements to the intersection and signalization of Apple Valley Road and Route 11. 3. Improvements to the intersection and signalization of Renaissance Driveway and Route 11 (Scenario B). 4. Improvements to the intersection and signalization of Site Driveway and Shady Elm Road (Scenario A). 5. Improvements to the intersection and signalization of Shady Elm Road and Apple Valley Road (Scenario A). The application fails to address the transportation impacts generated by the request as identified in the Applicant's TIA. • r Rezoning #08 -07 — Artillery Business Center December 26, 2007 Page 7 Transportation Program. The Applicant's transportation program provides for right -of -way dedication along Shady Elm Drive (45 feet from centerline), construction of the widening of the northbound lane of Shady Elm Road, right -of -way dedication along the southern property line to partially accommodate an east west major collector road (80 feet in width), the design of a rural four -lane road to approximately the railroad bridge, the potential construction of a rural two -lane section (westbound lanes) of this road at such time a fourth building permit may be issued or a bridge crossing of the existing railroad is constructed by others, and a monetary contribution in the amount of $50,000 to the County for the design and construction of a railroad crossing. None of the above improvements identified in the TIA have been addressed by this application. In addition, the Applicant's transportation program does not provide for or advance the County's Eastern Road Plan element of the Comprehensive Plan. Bicycle and pedestrian accommodations have not been provided in the applicant's transportation program. B. Sewer and Water Water demand for the site would be approximately 29,350 gallons per day. Sewer generation is projected to be equivalent to the water demand at approximately 29,350 gallons per day. The Frederick County Sanitation Authority has stated that they have capacity and can provide sewer and water service to this site. The wastewater from this site would be directed to the Parkin's Mill Wastewater facility. C. Community Facilities The development of this site will have an impact on community facilities and 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 addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. The application also provides for a monetary contribution in the amount of $2,500 for the Sheriffs Office and $2,500 for general government purposes in an effort to address the impacts to these community facilities. 5) Proffer Statement — Dated December 26, 2006; revised through October 9, 2007. A) Generalized Development Plan The Applicant has provided a basic Generalized Development Plan which simply illustrates the proffered transportation improvements described in this report. B) Land Use The Applicant has limited the development of the property to a 0.4 Floor Area Ratio (FAR). The Applicant has proposed signage limitations along Shady Elm and the collector road. However, the limitation proposed may be in excess of those signage standards currently being proposed through the DRRS. • 0 Rezoning #08 -07 — Artillery Business Center December 26, 2007 Page 8 C) Transportation This application has provided for additional dedication of right-of-way along Shady Elm Road and the widening of the existing northbound lane along the property's Shady Elm frontage. The application has provided for the dedication of an 80 foot right -of -way along their southern property line for a minimum of 1,100 feet. The Applicant has proffered the design of rural four- lane divided collector road to connect with proposed Renaissance Drive. The Comprehensive Plan identifies this important road as an Urban four- lane divided road. This should be recognized in this application. The design of the bridge necessary to accommodate this road has not been proffered by the Applicant. Therefore, care should be taken when evaluating the value of designing a major collector road without understanding the design, and ultimately obtaining the approval by CSX, of the bridge necessary to accommodate the road The construction of the westbound two lanes as a two lane rural undivided road is proffered for a minimum of 1,100 feet. Please be aware that the proffer only guarantees that this rural two lane section will be constructed prior to the issuance of thefourth building permit. There is no guarantee that there will be a fourth building permit for the property. Therefore, there is no guarantee that this road will be constructed Any construction of this road by the Applicant is very questionable, and most certainly untimely with the development of this property. A second trigger is provided for the construction of 1,100 feet of this road as an R2, on the Applicant's property, which is at such time construction commences of abridge over the adjacent railroad. However, no design or construction of the bridge crossing is provided by the Applicant. In lieu of the above, the Applicant has proffered a contribution to the County in the amount of $50,000 for the design and /or construction of a bridge over the railroad or for any other general transportation improvements as may be decided by the County. Presently, the County is not in the road building or bridge design business. It would be more appropriate for the Applicant to undertake this effort to secure the approval of a future bridge crossing, facilitate the future development of their property, and help mitigate the transportation impacts associated with the potential development of 58 acres of MI zoned land The Applicant has proffered a limitation on the number of entrance providing access to the site to two from the east -west collector road and two from Shady Elm Road. In addition, the Applicant has proffered to one tree every fifty feet along Shady Elm Road, and the collector road. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. The application also provides for a monetary contribution in the amount of $2,500 for the Sheriff s Office and $2,500 for general government purposes in an effort to address the impacts to these community facilities. Rezoning #08 -07 — Artillery Business Center December 26, 2007 Page 9 STAFF CONCLUSIONS FOR 11/07/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Southern Frederick Land Use Plan. However, the application does not fully recognize the transportation improvements identified for this area in the County's Eastern Road Plan. Further, the transportation impacts associated with this rezoning request, as identified in the Applicant's T1A, have not been mitigated by the Applicant. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/07/07 MEETING Six citizens spoke during the public comments portion of the hearing; all but one citizen was opposed to the rezoning. Those who were opposed were primarily residents of Hedgebrook Hills and adjacent areas and most were unaware this area had been designated for industrial development when they purchased their homes. They stated that allowing industrial and commercial uses to encroach on the existing residential neighborhood would be aesthetically unappealing and would negatively affect their quality of life. They believed industrial zoning would set a precedent for additional rezoning, particularly on the Carbaugh property, and it would negatively affect the value of their homes. They expressed concern about increased traffic on local roads and the safety of neighborhood children. It was noted that existing local roads did not have the capacity to handle industrial traffic and Springdale Road was not wide enough for two vehicles to pass. The one citizen who spoke in favor of the rezoning was a partner in a local business on Prosperity Drive. He agreed Springdale was substandard and a satisfactory connector road was needed through this entire area; he believed this rezoning could supply that new connector. Planning Commission members did not believe the rezoning package was sufficiently complete for them to vote at this time. They commented that the transportation package needed additional work; some questioned why the applicant had no plans for improving the road base or width of Shady Elm Road. Commissioners believed there were ways this site could be developed into an attractive industrial park and be compatible with the residential community around it. They suggested a number of ideas that could be incorporated to enhance the package, such as: segregating sidewalks from the industrial area; utilization of expanded buffers, berms, and landscaping; and, addressing the standard of appearance by avoiding steel - framed structures with metal exteriors. In addition, Commission members disliked receiving proffer revisions on the same day as the public hearing because it did not provide them enough time to thoroughly review the document. A motion was made, seconded, and unanimously passed to table the rezoning application for 45 days to give the applicant additional time to enhance the rezoning package and to allow the Commission the opportunity to review the revised proffers. (Commissioner Manuel abstained from voting.) Rezoning 908 -07 — Artillery Business Center December 26, 2007 Page 10 STAFF UPDATE FOR 12/19/07 PLANNING COMMISSION MEETING: In response to the input the Applicant received before, during, and after the November 7, 2007 Planning Commission meeting, a revised proffer statement dated November 15, 2007, including a revised generalized development plan and proffered exhibit was submitted for the Planning Commission's consideration. Previously, the Applicant had modified their proffer statement in a version dated 11/06/07 which generally included transportation related changes. This effort was the result of a significant amount of communication and cooperation between staff, V DOT, and the Applicant and generally went a long way towards satisfying the outstanding transportation concerns associated with this project. As previously noted, the transportation proffer statement did not fully satisfy either scenario in the Applicant's TIA, rather it addressed elements of both scenarios modeled in the Applicant's TIA by attempting to deal with the longer term transportation solution while simultaneously offsetting the near term impacts. At your November 7 meeting, the Commission expressed additional concerns regarding the transportation impacts of this request. In the latest proffer statement, dated November 15, 2007, the Applicant has further modified the proffers in an effort to clarify the commitments they have made and to attempt to satisfy some of the concerns that have been expressed to date. In summary the Applicant has: • Modified their basic Generalized Development Plan to illustrate two land bays in addition to illustrating their proffered transportation improvements described in this'report. The purpose of this is to provide an additional trigger for the construction of a portion ofithe east west collector road. • Included an exhibit, Exhibit A, which details the landscape buffers, hiker /biker facilities, and right - of -way dedication proffered in Section 3 of the proffer statement along both Shady Elm Road and the future east west collector road. • Added Section 3 to the proffer statement which describes the above exhibit and further describes that the Applicant will make available for future dedication to the County or State an additional area along Shady Elm Road twenty feet in width. This is beyond that area previously dedicated in Section 2.1. This area is in the area commonly set aside for the twenty five foot parking lot setback. Outside of this twenty foot distance buffer, the provision of a fifteen foot trail and landscaping easement is proffered, in essence resulting in a thirty five foot front parking setback. Please recognize that when this right -of -way dedication is implemented, the front parking lot setback along Shady Elm Road would be reduced to fifteen feet, less than current standards. • Added to the landscaping buffer the planting of four ornamental trees between each of the previously proffered one street tree for every fifty feet along the collector road frontages of the property. • Clarified the provision of a hiker /biker trail along the collector road frontages of the property. 0 0 Rezoning #08 -07 — Artillery Business Center December 26, 2007 Page 11 • Clarified the initial dedication of right -of -way along Shady Elm Road in the amount of twenty feet. This is the same amount as would be required to be dedicated as part of the subdivision process. • Clarified the triggers for the construction of the east west collector road. • Provided for the signalization of any intersection in the vicinity of the site with a monetary cap in the amount of $200,000.00, or an equivalent cash contribution in the amount of S200,000.00 for general transportation improvements in the vicinity of the site. • Reduced the monetary contribution for the design and /or construction of a bridge over the railroad or other improvements from $50,000.00 to $25,000.00 while maintaining flexibility with the application of these monies for the design and /or construction of the future east west collector road or any other transportation improvements deemed necessary by Frederick County or VDOT. • Included a proffer stating that the property shall contain a minimum of three users upon final build out. • Provided for a monetary contribution in the amount of $5,000.00 for improvements to Star Fort and proffered to complete a survey documenting any historical structures on the property in general accordance with the guidelines of the Department of Historic Resources. Please recognize that no limitation of the specific uses has been proffered out nor have any restrictions been placed on the size and scale of the buildings or uses. The minimum of three users proffer provided is extremely flexible and should be carefully evaluated. The Planning Commission previously expressed concern regarding large warehouse and distribution uses on this site. The County's targeted industries seek to maximize the available land uses from tax and revenue generation perspective. In relationship to the concerns expressed relating to the appearance of these developing business corridors and the buffering of the adjacent residential land uses, the net result of the modified proffer statement, above what would be required by ordinance, is the following; an additional ten feet in distance between the edge of the Shady Elm Road right -of -way and the parking lot resulting in a thirty five foot front parking setback, the street trees at a ratio of one tree for every fifty feet previously included in the proffer statement, and an additional four ornamental trees planted between each street tree. Staff has noted that a significant amount of landscaping has been proposed within a minimal 5' space between the proposed trail and the edge of the parking lot, in particular, when you take into consideration the parking lot landscaping required by ordinance. It may be more sustainable and offer a better buffer if the landscaping that is in addition to what is already required by ordinance (the Street and Ornamental Trees) is placed in the 5' to 10' area immediately in front of the trail. This would appear to be achievable along the east west collector road, and if care is taken to locate this additional landscaping as close to the west side of the trail as possible, also along Shady Elm Road. 0 0 Rezoning 408 -07 — Artillery Business Center December 26, 2007 Page 12 STAFF CONCLUSIONS FOR 12/19/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning remain consistent with the Southern Frederick Land Use Plan. Careful consideration should be given to ensuring the Commission's satisfaction that the application fully recognizes the transportation improvements identified for this area in the County's Eastern Road Plan and mitigates the impacts of this request. In addition, the corridor appearance and buffering of the adjacent residential land uses should be accomplished to the satisfaction of the Commission. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/19/07 MEETING Following a lengthy public hearing at which twenty one citizens spoke, a motion was made and seconded to approve the rezoning; however, this motion was defeated by a majority vote. A second motion was made, seconded, and passed to table the rezoning application for 30 days to give the applicant additional time to address issues associated with this rezoning request. (Commissioner Manuel abstained from voting.) STAFF UPDATE FOR 01/16/08 PLANNING COMMISSION MEETING: The Applicant provided a revised Proffer statement dated December 21, 2007 in response to the issues raised by members of the Planning Commission and members of the public at the December 19, 2007 Planning Commission meeting. The following is a summary of the changes. • Proffer 1.4 has been increased to provide for a monetary contribution to the County of Frederick in the amount of $250,000.00 for off -site transportation improvements. This is a net increase of $25,000.00 from the previous proffer and consolidates the monetary contribution for transportation. • Proffer 2.1 has been changed to provide for the dedication of forty feet of right -of -way along the property frontage for Shady Elm Road. This results in the necessary eighty foot right -of -way for an improved major collector road and the required twenty five foot parking lot setback in compliance with Ordinance requirements. • Proffer 2.7 has been added which states that no warehouse - distribution facility greater than 200,000 square feet shall be constructed on the property within five years of the date of final rezoning. Obviously, this is temporary, short term approach to addressing this concern. • Proffer 3.1 pertaining to landscaping and trails has been modified to provide for a densely planted landscape screen consistent with the Zoning Ordinances standards for a landscape screen, in addition to the street trees planted fifty feet on center. This landscaping and a ten foot trail will be located within the twenty five foot parking lot setback adjacent to the right -of -way. • Proffer 4.1 has been modified to refine the materials for the building facades. 0 0 Rezoning #08 -07 — Artillery Business Center December 26, 2007 Page 13 STAFF CONCLUSIONS FOR 01/16/08 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning remain consistent with the Southern Frederick Land Use Plan. The corridor appearance, buffering of the adjacent residential land uses, and right -of -way dedication has been addressed to meet the minimum expectations. However, the transportation improvements identified for this area in the County's Eastern Road Plan and the mitigation of the transportation impacts of this request should be recognized further. The transportation impacts associated with this request as identified in the Applicant's TIA have not been fully mitigated. Patton Harr k ust & Associates • Engineers. Surveyors. Planners_ londsape Architects_ P CORPORATE'. Chantill VIRGINIA OFFICES Bridgewater Chnntill Charlottesville Fredericksburg Leesburg Newport Mews Virginia Beach Winchester Vvood6ndge LABORATORIES. Chanrlu Fredericksburg MneruNO OFFICES. BClllmare Columbia Fre,erlck Germomow, Hollywood Hum Valley wtlllcrtr PENNSVNANIA OFFICE. Alle,tomm WEST VIRGINIA OFFICE: MarYmsburg T 540 - 6672139 F 540 665 0493 117 East Piccadilly Street Suite 200 lNinchester, VA 22601 December 21, 2007 Mr. Michael Ruddy Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Artillery Business Center Rezoning Application Dear Mike: DEC 2 1 2007 Please find attached a revised Proffer Statement and supporting Generalized Development Plan (GDP) and landscape exhibit for the Artillery Business Rezoning Application. The revisions are intended to address issues raised by members of the Planning Commission and members of the public who spoke at the December 19, 2007 Planning Commission meeting. The modifications are as follows: • The previous monetary contribution of $25,000 for bridge design and $200,000 earmarked for a traffic signal or other transportation improvements have been added together and increased into a single lump sum of $250,000 for offsite transportation improvements deemed necessary by Frederick County and VDOT. • The previous 20 foot Right of Way dedication and 20 foot buffer /Right of Way reserveation area have been added together to become a simple 40 foot Right of Way dedication. Parking lots would be located a minimum of 25 feet from the Right of Way to comply-with Ordinance requirements. • A material design palette has been added to stipulate that any building facades fronting Shady Elm Road or the proposed East -West Collector will be constructed exclusively of one or a combination of the following: cast stone, stone, brick, architectural block, glass, wood, dryvit or stucco. • The proffered landscape screen now provides for street trees located 50 feet on center as well as 3 trees per 10 linear feet (1/3 deciduous, 213 evergreen). These landscape elements will be placed on either side of the proffered hiker /biker trail within the 25 foot parking setback which will ensure the sustainabihty of the landscape screen. • Proffer 2.7 has been added to address building size and phasing for warehouse - distribution type facilities should one be located on the Property. This proffer limits any such users to a maximum of 200,000 square feet in size for five years from the date of final rezoning. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Hams Rut & sociates Patrick R- Sowers 0 0 RE" /_ONING: PROPOSED PROFFER STATEMENT R/. # 85' -07 Rural Areas (RA) to Light Industrial (MI) 58.7 acres + / -; Tax Map Parcels 75 -A -1 [the "Property"] Venture I of Winchester, LLC Venture I of Winchester, LLC Artillery Business Center -- PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DA'L'E OF PROFFERS: REVISION DATE(S) December 26, 2006 DEC 2 1 2007 I L_ 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11/6/07;11/15/07;12 /21/07 The undersigned hereby proffers that the use and development of the subject property ( "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced Ml conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezorung" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term £`Applicant' as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6,! 2007 revised November 15, 2007 (the "GDP "), and shall include the following: Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the First building permit. I of 4 0 0 Proffer Statement Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $250,000.00 for the design and /or construction of the future East -West Collector Road or for anv other transportation improvements as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be made within 60 days of issuance of the first Certificate of Occupancy for any structure located on the Property. 2. Site Development 2.1 The Applicant shall dedicate 40 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. Direct access to the Property from Shady Elm Road shall be limited to a maximum of 2 entrances as shown on the GDP. (See 1 on GDP) 2.2 The Applicant shall dedicate 80 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minimum of 1100 feet of a future East -West Collector Road as depicted on the GDP from Point A to Point B prior to issuance of the first building permit. The Applicant shall design said collector road from Point A to Point B as a Rural 4 Lane Divided (R4D) cross section. The Applicant shall then construct the ultimate two westbound lanes of the roadway for a minimum 1100 feet as shown on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) • Prior to issuance of the fourth building permit for the Property. • Prior to the issuance of a building permit for any structure located in Land Bay 2. • Prior to issuance of a certificate of occupancy for any structure located in Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. • Upon commencement of a bridge as shown on the GDP to facilitate the railroad crossing of the proposed East -West Collector Road. • Prior to December 31, 2013. 2.2.1 The Applicant shall construct a maximum of two entrances oni the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2?2 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by 5144 -24C of the Frederick Courtly Code, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2of4 • • Proffer Statement Artillery Business Center 2.5 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.6 The Property shall contain a minimum of three users upon final build -out. 3. 4. 5. 2.7 No warehouse - distribution facility greater than 200,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. Landscape Buffers, Hiker /Biker Facilities, & Additional Right of Way 3.1 Within the 25 foot parking setback betwe Elm Road and the East -West collector as Couorh Code, the Applicant shall construct Recreation Standards. In addition, the en the proposed right of ways for Shady required by 4 165- 27E(5) of the Frederick a '10 foot asphalt trail to Department of Applicant shall provide a densely planted consisting of street trees planted 50 feet way and the asphalt trail as well as all by 4 165- 37B(1) of the Frederick County Code located between the proposed trail and any parking areas-. landscape screen as depicted by Exhibit A on center between the proposed right o f elements of a landscape screen as defined Design Standards 4.1 Any building facade fronting Shady Elm Road or the proposed East -West Collector shall be constructed of one or a combination of the following : cast stone, stone, brick, architectural block, glass, wood, dry vit or stucco. 4.2 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -hest Collector as a monument style sign that shall not exceed 30 feet in height. Historic Resources 5.1 5.2 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) 3of4 Proffer Statement • • Artillery Business Center Venture I of Winchester, LLC By: 1 lu arJ A P,v t' pLl{c,n /tjC Date: 12 — C — 14YO STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY. To -wit: t The,{oregoing instrument was acknowledged before me this Z( y day of 2007, by A;Oe My commissi n expires 3) A - ujju 2c 11 Notary Public / * 1ti P 3 3 S Sj Qj 5 ofS SHADY ELM ROAD 3' HEDGEROW AS REQUIRED PER 165- 27E(11)(a) 3 TREES PLANTED PER 10 LINEAR FEET (;'s DECIDUOUS, 2 13 EVERGREEN) PARKING AREA ® ® ® ® ® ® ® ® ® ® ® �r 10 '`ASPHALT TRAIL' 3 y ak r a 4�a...r m m ` . \ ._�....i.., STREET TREES 50" ON CENTER 40' R/fF DEDICATION & NORTHBOUND LANE IMPROVMENTS EXISTING SHADY ELM ROAD (40' R /W) I 25' PARKING SETBACK (,VlNIMUM) I NOTE STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY 1 LANDSCAPINC OTHERWISE REQUIRED BY ORDINANCE EAST -WEST COLLECTOR ROAD l 25' PARKING SETBACK (MINIMUM) NOTE STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE ti ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates, pc s ti EXHIBIT A 117 E. Vlcc6ly St, Winchester, Virginia 22601 0 0 Q VOICE: (540) 667 -2139 FAX: (540) 665 -0493 \A FREDERICK COUNTY VIRGINIA 3' HEDG,eE0W AS REQUIRED PER 165- 27E(!If(e) 3 TREES PLANTED PER IO LINEAR FEET (113 DECIDUOUS 2 13 EVERGREEN) PARKING AREA ® ® ® ® ® ® ® ® ® ®® ®® zt !o-9 " d ". lO "mSPHALTfTRAIL P h ih3gP Pm BO' R/W DEDICATION & ROAD CONSTRUCTION STREET TREES 50' ON CENTER l 25' PARKING SETBACK (MINIMUM) NOTE STREET TREES AND LANDSCAPE SCREEN (3 TREES PER 10 LINEAR FEET) PROVIDED IN ADDITION TO ANY LANDSCAPING OTHERWISE REQUIRED BY ORDINANCE ti ARTILLERY BUSINESS CENTER Patton, Harris, Rust & Associates, pc s ti EXHIBIT A 117 E. Vlcc6ly St, Winchester, Virginia 22601 0 0 Q VOICE: (540) 667 -2139 FAX: (540) 665 -0493 \A FREDERICK COUNTY VIRGINIA • SED PROFFER S'T'ATEMENT REZONING: RZ. >�D7 Rural reas (RA) to tght Industrial (M1) PROPERTY: 58.7 acre s + / -' Tax Map r els 75 -A -1 [the "Property "] Ob?SC�- e� i I v r Go <IS -1 RECORD OWNER: Venture of inchester, LLC APPLICANT: Ven re I of W' chester, LLC PROJECT NAME: tillery Business ntex ORIGINAL DATE \ OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/21/07; 10/9/07; 11/5/07; 11/6/07;11/15/07 The undersigned hereby proffers that the use and development of the ;subject property ( "Property "), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced Mt conditional rezoning is not granted as applied for by the applicant ( "Applicant "), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board ") decision granting the rezoning may be contested in the appropri ate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised November 15, 2007 (the "GDP "), and shall include the following: 1. Monetmy Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,500.00 for general government purposes upon issuance of the first building permit. 1 of 5 Proffer Statement 0 0 Artillery Business Center 1.4 The Applicant shall contribute to the County of Frederick the sum of $25,000.00 for the design and /or construction of the future East -West Collector Road or for any other transportation improvements as deemed necessary by Frederick County and VDOT upon issuance of the first building permit. 2. Site Development 2.1 The Applicant shall dedicate 20 feet of right of way for Shady Elm road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as measured from the center lime of Shady Elm Road along the Property frontage with Shady Elm Road to provide for a continuous right turn lane along the Property frontage with Shady Elm Road. I Direct access to the Property from Shady Elm Road shall be limited to a maxiinum'of 2 entrances as shown on the GDP. (See 1 on GDP) 2.2 The Applicant shall dedicate 80 feet of right of way along the Southern Property boundary in the location depicted on the GDP to accommodate a minim of 1100 feet of a future East -West Collector Road as depicted on the GDP from Point A to Point B prior to issuance of the first building permit. The Applicant shall design said collector road from Point A to Point B as a Rural 4 Lane Divided (R4D) cross section. The Applicant shall then construct the ultimate two westbound lanes of the roadway for a minim 1100 feet as shown on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) • Prior to issuance of the fourth building permit for the Property. • Prior to the issuance of a building permit for any structure located in Land Bay 2. • Prior to issuance of a certificate of occupancy for any structure located in Land Bay 1 but with associated land area located in Land Bay 2 as depicted by site plan. • Upon commencement of a bridge as shown on the GDP to facilitate the railroad crossing of the proposed East -West Collector Road. • Prior to December 31, 2013. 2.2.1 The Applicant shall construct a maximum of two entrances on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2.2.2 Land Bay 2 as shown on the GDP shall have access via the easternmost entrance located on the portion of the East -West Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct a traffic signal, not to exceed $200,000 in cost, at an intersection located within the vicinity of the Property within 180 days of receiving written notice from the County and VDOT. The County may also choose to accept a monetary contribution of $200,000 for general transportation improvements within the vicinity of the site in lieu of the aforementioned traffic signal construction. The Applicant shall contribute the $200,000 monetary proffer within 60 days of receiving written notice from Frederick County and VDOT after issuance of the first certificate of occupancy for any structure on the Property. If no written notification from the County and VDOT has been provided within 10 years from the date of 2 of 5 Proffer Statement 3. 4. 0 • Artillery Business Center final rezoning, the Applicant shall contribute the monetary contribution of $200,000 to the County for general transportation improvements within the vicinity of the site and shall not be responsible for the aforementioned signal construction. 2.4 The Applicant shall construct an internal access road, if necessary to meet the requirements for lot access as identified by §144 -24C of the Frederick County Code, to serve the Property to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.6 Development of the Property shall not exceed a 0.4 Floor Area Ratio (FAR). 2.7 The Property shall contain a minim of three users upon final build -out. Landscape Buffers Hiker /Biker Facilities & Additional Right of Way 3.1 The Applicant shall provide a 20 foot distance buffer as measured from the proposed right of way dedication for Shady Elm Road as depicted by Exhibit A. The Applicant shall make any area within the 20 foot buffer available for public right of way at no cost to the County or VDOT should any transportation improvements necessitate the use of the buffer area for right of way purposes. Additionally, the Applicant shall provide a 15 foot landscape easement between the aforementioned distance buffer and any future parking. Said 15 foot landscape easement shall include a ten foot asphalt trail constructed to Parks and Recreation Standards as well as a five foot landscape strip which will include street trees planted a maximum of 50 feet on center with four ornamental trees planted 10 feet on center between each street tree as depicted by Exhibit A. Building and parking setbacks from Shady Elm Road shall be provided from the right of way boundary in existence at the time of each site plan submission. 3.2 Within the 25 foot parking setback provided from the proposed 80' right of way for the East -West Collector as required by § 165- 27E(5) of the Frederick County Code, the Applicant shall provide a 10 foot distance buffer, a 10 foot asphalt trail constructed to Parks and Recreation standards, and a 5 foot landscape strip will include street trees planted a maximum of 50 feet on center with four ornamental trees planted 10 feet on center between each street tree as depicted by Exhibit A Design Standards 4.1 The Applicant shall incorporate one or a combination of the following construction materials into any building fa4ade fronting Shady Elm Road or the proposed East - West Collector: cast stone, stone, brick, glass, wood, stucco or other high- quality, long lasting masonry materials. By definition, standard, smooth -faced cinder block shall not be considered a high quality, long lasting masonry material. 4.2 Freestanding business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance /tenant directory sign along either Shady Elm Road or the proposed East -West Collector as a monument style sign that shall not exceed 30 feet in height. 3 of 5 Proffer Statement 6 Artillery Business Center 5. Historic Resources 5.1 The Applicant shall complete a survey documenting any historic structures on the Property in general accordance with the guidelines established by the Preliminary Information Form from the Department of Historic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Fredenck the sum!of $5,000.00 for purposes associated with historic Star Fort prior to issuance of the first building permit. SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) ' 4of5 Proffer Statement Venture I of Winchester, LLC By: Date: 00 7 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: • Artillery Business Center The foregoing instrument was acknowledged before me this _/5� day of A /vi rr 2007, by - My co ssio cpixes 1 �. ac Notar Public 0 — 7 R6 * /.5 '7 cI 7 5 of 5 Patton Harris Rust & Associates Engineers, Surveyors. Planners. tondscape Alchilecis. August 2, 2007 Mr. Michael Ruddy Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Artillery Business Center Rezoning Application PHR1� Dear Mike: Per our discussion earlier today, I would like to formally request to postpone the public hearing scheduled for August 15, 2007 for Artillery Business Center. We are coa >o,A E, in the process of revising the Traffic Impact Statement (TIA) to better reflect the \ chonuuy potential buildout of the Property under an Ml (Light Industrial) scenario. I would request that a timeframe for this postponement not be specified to ensure that the ,.IA OFFICES. \voter application will be complete when it returns to the Planning Commission. Please do not hesitate to contact me should you have any questions or concerns. Rust & Associates Patton Harris Rust & Associates Engineers. Surveyors. Planners, landscape A chiteas. August 2, 2007 Mr. Michael Ruddy Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Artillery Business Center Rezoning Application P� T Dear Mike: l�l Per our discussion earlier today, I would like to formally request to postpone the public hearing scheduled for August 15, 2007 for Artillery Business Center. We are CORPORATE: in the process of revising the Traffic .Impact Statement (TIA) to better reflect the chamilly potential buildout of the Property under an Ml (Light Industrial) scenario. I would VIRGrNM orncEB: request that a timeframe for this postponement not be specified to ensure that the I Bridgewater application will be complete when it returns to the Planning Commission. Chantilly Chorlouesville Please do not hesitate to contact me should you have any questions or concerns. Fredericksburg � Leesburg Newport News Sincerely, Virginio Beach P a ms Rnst & As ratEs Winchester Woodbridge j LABORATORIES: Patrick R Sowers chanlVly i Fredericksburg j MARYLAND OFFICES: Bohimore Columbia Frederick Germantown Hollywood Hunt Volley PINNSYLVANIA 0,Ncr: Allentown WEST VIRGINIA OfHCE: Martinsburg T 540.667.2139 F 540.665.0493 117 East Piccadilly,Street Suiie 200 Winchester, VA 22601 REZONING APPLICATION #08 -07 ARTILLERY BUSINESS CENTER Staff Report for the Planning Commission Prepared: July 31, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Plannn Planning Commission z e Board Supervr rs to as application. It M also be a eful t others int ested in concerning thi application ar note by staff wh � releva Planning Commissio4 Board of Supervisors: PROPOSAL To with proffers. 08/1 a this staff report. Action Pending Pending issues 58.7 acres from RA (Rural Areas) District to MI (Light" Industrial) District, LOCATION The property is south of Route 37. MAGISTERIAL DISTRICT Back Creek PROPERTY ID NUMBER 75 -A -I PROPERTY ZONING RA (Rural Areas) adjacent to Shady Elm Road, approximately 1,500 feet PRESENT USE Agricultural and residential ADJOINING PROPERTY ZONING & PRESENT USE North: MI Use: Industrial South: RA (Rural Areas) Use: Agricultural East: B3 (Industrial Transition) Use: Commercial /vacant West: RA (Rural Areas) Use: Agricultural MI (light Industrial) Vacant PROPOSED USES Light Industrial Office and Warehouse Uses (0.25 FAR proffered). 0 0 Rezoning #08 -07 — Artillery Business Center July 31, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 651, 652 and 11. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed the proffers offered in PHR &A's email dated April 25, 2007 from Patrick Sowers. The applicant is proposing building a two -lane road from Route 651 east to the railroad tracks. This road has been designated as part of Frederick County's Eastern Road Plan. VDOT acknowledges this substantial investment towards completing this connection to Route 11. However, it should be noted that no additional funding was offered to finance the needed railroad crossing. If Frederick County is satisfied with just the roadway construction, VDOT will not oppose rezoning. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic Flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Department of Inspections: Demolition permit and asbestos inspection shall be required prior to the removal of any structures. No additional comments required at this time. Department of Public Works: 1. Refer to page 2 of 4, Transportation: The discussion of Scenario A indicates that 60 percent of the trips would utilize Apple Valley Road and 40 percent would use Springdale Road. It appears that the existing traffic distribution is approximately 80:20. Considering the current condition of Springdale Road, we conclude that the 80:20 distribution is more realistic than the 60:40 distribution. 2. Refer to page 3 or 4, Environmental Features: a. The narrative indicates that the property does not contain any wetlands. However, a review of available aerial photographs indicates the existence of a pond on the property. A wetland study needs to be performed to verify that this pond does not represent a wetland. b. The discussion of drainage needs to address stormwater management and the potential impact on a karst environment. c. The discussion of soils needs to be expanded to include a review of the karst geology and the potential for sink hole development. This condition is particularly relevant along the eastern property boundary. 3. Refer to page 4 of 4, Solid Waste Disposal Facilities: Indicate if the solid waste projection is presented as pounds per day or pounds per year. 4. Refer to the proffer statement, Site Development Item 2.2: The dedication right - of -ways should be sized to accommodate sufficient turning radii at the intersection with Shady Elm Road. The discussion indicates that "entrances to the said roadway will be located at a minimum of 400 feet apart'. This statement raises the question, "apart from what ?" Frederick - Winchester Service Authoritv: No comments. Sanitation Authority Department: We have capacity and can provide sewer and water service to this site. 0 0 Rezoning 408 -07 — Artillery Business Center July 31, 2007 Page 3 Department of Parks & Recreation: No comment. Health Department: The Health Dcpt. has no objections as long as no septics or wells are proposed or existing. If any existing septics or wells are located, please call the Health Department for proper abandonment procedures. Winchester Regional Airport: We have reviewed the proposed rezoning application. Allowed uses under this rezoning should not impact airside operations at the Winchester Regional Airport therefore we have no further comment regarding this rezoning request. 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. Historic Resources Advisory Board: The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Study of Civil War Sites in the Shenandoah Valley The subject parcel is the site of the Route 651 House (DHR 41042), dated from circa 1880 -1910 and representing a typical example of a vernacular I- House. This project also adjoins the Henry Carbaugh property (DHR 34- 1040). The Henry Carbaugh House represents a typical vernacular Queen Anne -style dwelling constructed in the early twentieth century and still retains many elements of its original construction, as noted in Frederick County. Virginia: History Through Architecture. Although neither of these two structures is listed as potentially significant by the Rural Landmarks Survey mitigation of the impacts to these structures should be considered. In addition, a small portion of the property is located in the study area of the 1 s ` Kernstown Battlefield. Although not located in the core area of the battlefield, attention should be given to the potential archeological significance of this property in the battle for Kernstown. The application states that the applicant proposes to construct no more than 327,000 square feet of office space and no more than 327,000 square feet of warehouse space. The FIRAB feels that this proposed development can address several issues prior to the rezoning of this property. If the property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: Archeological Survey and Documentation. The HRAB felt that there is a need to document the historic and archeological significance of the property based upon the proximity to the 1 s ' Kernstown Battlefield area and the location of the historic structure on the property. The HRAB suggested documenting the house and any out - buildings for their historical significance including identifying past owners /occupants, building materials, architectural features, photographs of both the interior and exterior, etc. The HRAB also suggested a Phase 1 one archeological survey would be appropriate to determine the presence of any battlefield artifacts on the property. Attorney Comments: 1. In Proffer 2.2, at the end of the second sentence I would recommend that the following words be added "..., in the location shown on the Generalized Development Plan." 2. In proffer 2.3, it is not clear who makes the determination that an internal access road is "necessary". That should be clarified. Planning Department: Please see letter dated March 23, 2007, signed by Susan K. Eddy, Senior Planner. 0 0 Rezoning #08 -07 — Artillery Business Center July 31, 2007 Page 4 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels 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 -I and A -2 zoned land to the RA District. 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 property is located within the County's Sewer and Water Service Area (S WSA) and the site is within the limits of the Southern Frederick Land Use Plan. The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The Southern Frederick Land Use Plan and the Eastern Frederick County Long Range Land Use Plan designate this area for industrial land use. The Plan recognizes the desire to provide for industrial uses along the CSX Railroad. The proposed M1 light industrial rezoning is consistent with the land use designation of the Comprehensive Plan. The application of quality design standards for future development is also an objective of the Plan; in particular, along business corridors. These include landscaping, screening, and controlling the number and size of signs. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right -of -ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7 -6). Rezoning 408 -07 — Artillery Business Center July 31, 2007 Page 5 The Eastern Road Plan of the Comprehensive Policy Plan and the Southern Frederick Land Use Plan calls for Shady Elm Road to be improved to a major collector road. In addition, a new east west major collector road connecting Shady Elm Road to Route 11 is identified. The County's Eastern Road Plan further defines the appropriate typical section for these major collector roads as an urban divided four -lane facility. The construction of planned major collector road typical sections, as identified in the Comprehensive Plan, is not provided for by this application. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. This application does not achieve a level of service C or better on the roads and intersections studied in the application's TIA. It is important to note that the County's Eastern Road Plan does not call for improvements to Springdale Road. "Therefore, the Applicant should concentrate any efforts to address their transportation impacts on those roads and intersections identified in the Comprehensive Plan; in particular, Shady Elm Road, the new east west major collector road, and the intersection of Apple Valley Road and Route 11. Sile Access and circulation The Comprehensive Plan generally provides for a 1 imitation on the number of entrance that may be located along business corridors. Further, the Plan generally seeks to address pedestrian accommodations. No pedestrian accommodations have been provided internal to the project and more importantly along the projects frontage with the planned major collector roads. 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 Frederick County Engineer has referenced the potential for wetlands to exist on this site based upon the presence of an existing pond. Also, the Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design as this area is also known for karst topography. The property is the site of a historical house, the Route 651 House (DHR #1042), dated from circa 1880 -1910 and representing atypical example of a vernacular I- House. This project also adjoins the Henry Carbaugh property (DHR 34- 1040). The HRAB suggested the following be considered to mitigate impacts on historic resources: the completion of an archeological survey and documentation of the property, and the completion of a Phase 1 one archeological survey to determine the presence of any battlefield artifacts on the property. The application does not presently address the comments provided by the HRAB. 0 0 Rezoning #08 -07 — Artillery Business Center July 31, 2007 Page 6 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application evaluated two scenarios. Scenario A assumes the existing road network with development access to be provided via a single site driveway located on Shady Elm Road. Scenario B assumes, in addition to Scenario B, direct development access to Route I I via a future roadway link planned over the existing railroad and through the proposed Renaissance Commercial Center. The TIA assumed 326,700 square feet of office use and 326,700 square feet of light industrial use. This is generally consistent with the proftered square footage limitation on the use of the property based upon a 0.25 FAR. However, concern has been raised regarding the trip generation figures used in the TIA. As a result, the inaccuracy of the trip generation figures brings into question the conclusions provided in the TIA. Using trip generation figures from the TIA, the proposed rezoning is projected to generate 3,562 average daily trips (ADT). The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the following improvements. 1. The proposed signalization of Springdale Road and Route 11 (not a desirable avenue for industrial development traffic). 2. Improvements to the intersection and signalization of Apple Valley Road and Route 1 l . 3. The connection to Route 11 via (Scenario B) The application fails to address the transportation impacts generated by the request as identified in the Applicant's TIA. Transportation Program. The Applicant's transportation program provides for right -of -way dedication along Shady Elm Drive (45' from centerline), right -of -way dedication along the southern property line to partially accommodate an east west major collector road (50' in width), the construction of a rural two lane access road to the site within this right of way and a commitment to construct a rural two lane section of the east west collector road to the eastern property line at such time a bridge crossing of the existing railroad is constructed by others. None of the above improvements identified in the TIA have been addressed by this application. In addition, the Applicant's transportation program does not provide for or advance the County's Eastern Road Plan element of the Comprehensive Plan. 9 0 Rezoning #08 -07 — Artillery Business Center July 31, 2007 Page 7 B. Sewer and Water Water demand for the site would be approximately 29,350 gallons per day. Sewer generation is projected to be equivalent to the water demand at approximately 29,350 gallons per day. The Frederick County Sanitation Authority has stated that they have capacity and can provide sewer and water service to this site. The wastewater from this site would be directed to the Parkin's Mill Wastewater facility. C. Community Facilities The development of this site will have an impact on community facilities and 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 addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. The application also provides for a monetary contribution in the amount of $2,500 for the Sheriffs Office and $2,500 for general government purposes in an effort to address the impacts to these community facilities. i 5) Proffer Statement — Dated December 26, 2006; revised February 6, 2007, March 22, 2007, April 3, 2007, April 24, 2007, May 1, 2007, May 24, 2007, June 28, 2007 and July 3, 2007. A) Generalized Development Plan The Applicant has provided a basic Generalized Development Plan which simply illustrates the proffered transportation improvements described in this report. B) Land Use The Applicant has limited the development of the property to a 0.25 Floor Area Ratio (FAR). C) Transportation This application has provided for additional dedication of right-of-way along Shady Elm Road and the dedication of a fifty foot right -of -way along their southern (property line. The construction of a two lane rural undivided road is proffered to access the site initially. The extension of this road, with the same typical section, to the eastern property line of this property is proffered to occur at such time construction commences of a bridge over the adjacent railroad. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. The application also provides for a monetary contribution in the amount of $2,500 for the Sheriff s Office and $2,500 for general government purposes in an effort to address the impacts to these community facilities. STAFF CONCLUSIONS FOR 08/15/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the South East Frederick Land Use Plan. However, the application does not fully recognize the transportation improvements identified for this area in the County's Eastern Road Plan. Further, the transportation impacts associated with this rezoning request have not been mitigated by the Applicant. Rezoning #08 -07 — Artillery Business Center July 31, 2007 Page 8 0 Folloving the requirement for a public hearing, a recommendation raised by the Planning Commission. 0 0 REZONING APPLICATION #08 -07 ARTILLERY BUSINESS CENTER Staff Report for the Planning Commission Prepared: July , 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. Reviewed Action Planning Commission: 08/01/07 Pending Board of Supervisors: 08/22/07 Pending PROPOSAL To rezone 58.7 acres from RA (Rural Areas) District to M I (Light Industrial) District, with proffers. LOCATION The property is located east and adjacent to Shady Elm Road, approximately 1,500 feet south of Route 37. MAGISTERIAL DISTRICT Back Creek PROPERTY ID NUMBER 75 -A -1 PROPERTY ZONING PRESENT USE ADJOINING PROPERTY ZONING & PRESENT USE North: Use: South: Use: East: Use: West: Use: PROPOSED USES Office (327,000 square feet) and Warehouse (327,000 square feet) Uses. N. • Rezoning #08 -07 — Artillery Business Center July , 2007 Page 2 REVIEW EVALUATIONS: 0 Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 651, 652 and 11. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT has reviewed the proffers offered in PHR &A's email dated April 25, 2007 from Patrick Sowers. The applicant is proposing building a two -lane road from Route 651 east to the railroad tracks. This road has been designated as part of Frederick County's Eastern Road Plan. VDOT acknowledges this substantial investment towards completing this connection to Route 11. However, it should be noted that no additional funding was offered to finance the needed railroad crossing. If Frederick County is satisfied with just the roadway construction, VDOT will not oppose rezoning. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signal ization, and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Department of Inspections: Demolition permit and asbestos inspection shall be required prior to the removal of any structures. No additional comments required at this time. Department of Public Works: 1. Refer to page 2 of 4, Transportation: The discussion of Scenario A indicates that 60 percent of the trips would utilize Apple Valley Road and 40 percent would use Springdale Road. It appears that the existing traffic distribution is approximately 80:20. Considering the current condition of Springdale Road, we conclude that the 80:20 distribution is more realistic than the 60:40 distribution. 2. Refer to page 3 or 4, Environmental Features: a. The narrative indicates that the property does not contain any wetlands. However, a review of available aerial photographs indicates the existence of a pond on the property. A wetland study needs to be performed to verify that this pond does not represent a wetland. b. The discussion of drainage needs to address stormwater management and the potential impact on a karst environment. c. The discussion of soils needs to be expanded to include a review of the karst geology and the potential for sink hole development. This condition is particularly relevant along the eastern property boundary. 3. Refer to page 4 of 4, Solid Waste Disposal Facilities: Indicate if the solid waste projection is presented as pounds per day or pounds per year. 4. Refer to the proffer statement, Site Development Item 2.2: The dedication right - of -ways should be sized to accommodate sufficient turning radii at the intersection with Shady Elm Road. The discussion indicates that "entrances to the said roadway will be located at a minimum of 400 feet apart ". This statement raises the question, "apart from what ?" Frederick - Winchester Service Authority: No comments. Sanitation Authority Department: We have capacity and can provide sewer and water service to this site. 0 Department of Parks & Recreation: No comment. 0 Health Department: The Health Dept. has no objections as long as no septics or wells are proposed or existing. If any existing septics or wells are located, please call the Health Department for proper abandonment procedures. Winchester Regional Airport: We have reviewed the proposed rezoning application. Allowed uses under this rezoning should not impact airside operations at the Winchester Regional Airport therefore we have no further comment regarding this rezoning request. 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. Historic Resources Advisory Board: The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Study of Civil War Sites in the Shenandoah Valley The subject parcel is the site of the Route 651 House (DHR #1042), dated from circa 1880 -1910 and representing a typical example of a vernacular I- House. This project also adjoins!the Henry Carbaugh property (I)HR 34-1040). The Henry Carbaugh House represents atypical vernacular Queen Anne -style dwelling constructed in the early twentieth century and still retains many elements of its original construction, as noted in Frederick County, Virginia: History Through Architecture. Although neither of these two structures is listed as potentially significant by the Rural Landmarks Survey mitigation of the impacts to these structures should be considered. In addition, a small portion of the property is located in the study area of the 1 51 Kemstown Battlefield. Although not located in the core area of the battlefield, attention should be given to the potential archeological significance of this property in the battle for Kernstown. The application states that the applicant proposes to construct no more than 327,000 square feet of office space and no more than 327,000 square feet of warehouse space. The HRAB feels that this proposed development can address several issues prior to the rezoning of this property. If the property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: Archeological Survey and Documentation. The HRAB felt that there is a need to document the historic and archeological significance of the property based upon the proximity to the I' Kernstown Battlefield area and the location of the historic structure on the property. The HRAB suggested documenting the house and any out - buildings for their historical significance including identifying past owners /occupants, building materials, architectural features, photographs of both the interior and exterior, etc. The HRAB also suggested a phone one archeological survey would be appropriate to determine the presence of any battlefield artifacts on the property. Attorney Comments: 1. In Proffer 2.2, at the end of the second-sentence I would recommend that the following words be added "..., in the location shown on the Generalized Development Plan." 2. In proffer 2.3, it is not clear who makes the determination that an internal access road is "necessary". That should be clarified. Planning Department: Please see letter dated Mareh 23, 2007, signed by Susan K Eddy, Senior Planner. Planning & Zoning: 1) Site History e , 0 Comprehensive Policy Plan u 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 TransporKaion 3) Site Suitability /Environment 4) Potential Impacts A. Transportation Traffic Impact Analysis. Transportation Program. B. Sewer and Water C. Community Facilities 5) Proffer Statement - Dated December 26, 2006; revised February 6, 2067, March 22, 2007, April 3, 2007, April 24, 2007, May 1, 2007, May 24, 2007, June 28, 2007 and July 3, 2007. A) Generalized Development Plan I3) Land Use C) Transportation D) Community Facilities STAFF CONCLUSIONS FOR 08/01/07 PLANNING COMMISSION MEETING: Followinp the requirement for a public /rearin a recommendation by the Planning Commission to the Board of Supervisors concerning- this rezoning application world be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 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. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Venture I of Winchester, LLC Telephone Address: 118 Armstron! Place 540.247.4974 22602 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 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: Paige Manuel Mark Lynch James Lynch Randy Kremer 6. A) Current Use of the Property: Residential /Agriculture B) Proposed Use of the Property: Light Industrial 7. Adjoining Property: SEE ATTACHED 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 East and adjacent to Shady Elm Road approximately 1,500 feet South of Route 37. 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification /Location: Parcel Identification Number: 75 -A -1 Districts Magisterial: Fire Service: Rescue Service: Back Creek Stephens City Stephens City High School: Middle School: Elementary School: James Wood Orchard View Sherando 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 58.7 RA M1 58.7 Total acreage to be rezoned 2 11 Adjoining Property Owners Artillery Business Center 0 Name Address Property Identification Number (PIN) Name: Synergy Investments, LLC 416 Battaile Or Property #: 75 -A -1A Winchester, VA 22601 Name: FVC Properties, Inc 840 S Broadway Property #: 75 -A -ID Hicksville, NY 11801 Name: FVC Properties, Inc 500 N Broadway, Ste 103 Property #: 75 -A -1E Jericho, NY 11753 Name: FVC Properties, Inc 500 N Broadway, Ste 103 Property #: 75 -A -1 B Jericho, NY 11753 Name: Corrugated Container Corp 100 Development Lni Property #: 75 -A -1C Winchester, VA 22602 Name: Vanco, LLC 102 Elderberry Or Property #: 75A- 6 -B -41A Winchester, VA 22603 Name: RGB of Winchester, LLC 180 -3 Prosperity Dr Property #: 75 -A -2M Winchester, VA 22602 Name: Prosperity 81, LLC 1304 Severn Way, Ste F Property #: 75 -A -2P Sterling, VA 20166 Name: Strosnyder, Lyle P, Inc. 220 Prosperity Dr Property #: 75 -A -2F Winchester, VA 22602 Name: Pippin Enterprises, LLC 164 Meadow Trace Ln Property #: 75 -A -2Q Middletown, VA 22645 Name: Alizarin Crimson, LLC P.O. Box 480 Property #: 75 -A -2R Stephens City, VA 22655 Name: Brim, Louise S et als 124 Springdale Rd Property #: 74 -A -71 Winchester, VA 22602 Name: Carbaugh, Henry J Trustee 831 Shady Elm Rd Property #: 74 -A -68 Winchester, VA 22602 Name: Hockman, Kitty B. 690 Shady Elm Rd Property #: 74 -3 -3 Winchester, VA 22602 Name: Hockman, Kitty B. 690 Shady Elm Rd Property #: 74 -3 -2 Winchester, VA 22602 Name: Hockman, Kitty B. 690 Shady Elm Rd Property #: 74 -3 -1 Winchester, VA 22602 Name: Jasbo, Inc. P.O. Box 480 Property #: 63 -7 -5 Stephens City, VA 22655 Name: Jasbo, Inc. P.O. Box 480 Property #: 63 -7 -4 Stephens City, VA 22655 Name: Jasbo, Inc. P.O. Box 480 Property #: 63 -7 -3 Stephens City, VA 22655 • 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi- Family Non - Residential Lots Mobile Home Hotel Rooms Square Footage of Proposed Uses Office 327,000 Service Station Retail Manufacturing Restaurant Flex - Warehouse 327,000 Other 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 hearingi 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) ��: J(V lv` 1 o Ww(,1+2 5j , LL C — Date • 3 Frederick County, Virginia REZONING APPLICATION MATERIALS; FOR REVIEW AND APPROVAL OPTHH ARTILLERY BUSINESS CENTER Back Creek Magisterial District July 2007 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2139 Fax: 540-665-0493 PHA TABLE OF CONTENTS Application II. Impact Analysis III. Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket