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HomeMy WebLinkAbout05-08 ApplicationSeptember 25, 2008 BPG Properties, Ltd. cJo Michael J. Coughlin Walsh, Colucci, Lubeley, Emrich & Walsh, PC 4310 Prince William Parkway, Ste. 300 Prince William, VA 22192 Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 RE: REZONING 905 -08, BPG PROPERTIES, LTD./I -81 DISTRIBUTION CENTER Dear Mr. Coughlin: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 24, 2008. The above - referenced application was approved to rezone 59 acres from RA (Rural Areas) District to 133 (Business, Industrial Transition) District, with proffers, for office and warehouse uses. The properties are located approximately 0.61 miles north of the Route l l intersection with Cedar Hill Road (route 671), bounded on the west by Interstate 81 and on the east by Martinsburg Pike (Route 11) in the Stonewall Magisterial District, and are identified with Property Identification Numbers 33 -A -109 and 33 -A -110. The proffer dated June 19, 2008 and last revised September 17, 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, A1CP Deputy Planning Director MRTlohd Attachment cc: Robin & Kay Boyce, PO Box 67, Clearbrook, VA 22624 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 1i r • REZONING APPLICATION 405 -08 BPG PROPERTIES, LTD/I -81 DISTRIBUTION CENTER Staff Report for the Board of Supervisors Prepared: September 17, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director STAFF UPDATE FOR 09/24/08 BOARD OF SUPERVISORS MEETING: The Planning Commission recommended approval of this request at their September 17, 2008 meeting. The recommendation of the Commission included consideration of two items as changes to the Proffer Statement; amending the language of the trail and landscaping easement that runs along the Route 1 I frontage of the property to include an allowance for grading and drainage adjacent to Route I1 in support of future improvements to Route 11, and ensuring that $125,000.00 signalization improvement contribution in Proffer 3.4 is directed solely at the signal and intersection improvement at the future entrance at Branson Spring Road and not at internal improvements accessing this future entrance. The Applicant has modified the Proffer Statement to address thel Planning Commission's recommendation. The latest and final proffer statement is dated September 17, 2008. The Applicant has also modified their proffer statement to provide for the future dedication of up to 100' of right -of -way for the extension of Branson Spring Road, generally from the current location of Branson Spring Road, parallel to the northern property line of the property. This potential extension of Branson Springs Road is an improvement that has been envisioned during the ongoing Route 1 1 north planning effort. More minor modifications to the final proffer statement have addressed the comments previously provided by Mr. Bob Mitchell, including the critical timing mechanism for the $550,000.00 monetary contribution to address the transportation impacts generated by this request. This payment will be made at the time of issuance of the first building permit on the property. STAFF RECOMMENDATION FOR 09/24/08 BOARD OF SUPERVISORS MEETING: The B3 land use proposed in this rezoning is consistent with the Northeast Land Use Plan. Many of the impacts associated with this rezoning request have been mitigated by the Applicant. However, careful consideration of the transportation impacts associated with this request and the proffered monetary contribution aimed at mitigating the impacts should occur similar to the consideration provided by the Planning Commission. It is recognized that the Applicant has increased their monetary contribution for transportation. However, transportation improvements have not been provided that would achieve a level of service C or address the Comprehensive Plan. 0 Rezoning 404 -08 — BPG /I -81 Distribution Center September 17, 2008 Page 2 0 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 "latter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. I Reviewed Action Planning Commission: 08/06/08 Tabled 45 days by Commission Planning Commission: 09/17/08 Approved Board of Supervisors: 09/24/08 Pending PROPOSAL To rezone 59 acres from RA (Rural Areas) District to 133 (Business, Industrial Transition) District, with proffers. LOCATION The properties are located approximately 0.61 miles north of the Route 11 intersection with Cedar Hill (Route 671), bounded on the west by Interstate Route 81 and on the east by Martinsburg Pike (Route 11). MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBER 33 -A -109 and 33 -A -110 PROPERTY ZONING RA (Rural Areas) PRESENT USE Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE North: RA (Rural Areas) Use: Residential /Agricultural South: RA (Rural Areas) Use: Residential /Agricultural East: RA (Rural Areas) Use: Residential /Agricultural West: RA (Rural Areas) Use: Residential /Agricultural PROPOSED USES Office and Warehouse Uses • • Rezoning 404 -08 — BPG/1 -81 Distribution Center September 17, 2008 Page 3 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the revised transportation proffers offered in the BPG Properties /1 -81 Distribution Center Rezoning Application dated June 19, 2008 addressed transportation concerns associated with this request. We have the following comments: 1. The opportunity to realign their proposed entrance with Branson Springs Road in the futures will have a positive impact on the overall traffic movement on Route 11. 2. These proffers provide for the necessary entrance /turn lane improvements at the initial entrance in accordance with VDOT requirements at the time of site plan review. 3. While the Department recognizes that there are traffic impact deficiencies at both the Route 11 and Rest Church Road intersection and Route 1 I and Brucetown/Hopewell Road intersection, it appears the best solution is to accept a monetary contribution from the applicant. This would allow Frederick County and VDOT to make future decisions on the appropriate use of these funds. Frederick County, Deputy Director - Transportation: It appears that your updated TIA addressed my previous concerns regarding background traffic. While it continues to be my position that the ideal entrance for this site would align with Branson Spring Road, it appears that you are attempting to meet this goal with your proffers. While it is generally the preference of staff that physical improvements be put in place as opposed to cash proffers, the right -of -way issues in this situation and the fact that the greatest needs are on property not controlled by your client make the cash form of proffer appropriate in this case. I would again note that there is a draft transportation plan in process right now that calls for the extension of Branson Spring Road across the northern portion of your client's property. I would ask that your client consider making accommodations for this future roadway. Fire Marshall: Plan approval recommended. Clcarbrook Vol. Fire Dept.: As long as the design has the standard fire codes. Department of Inspections: No Comment. Department of Public Works: No comments received for this application. COMMENTS of 2007 APPLICATION: 1. Refer to C. Site Suitability: The site description indicates that the area is underlain by carbonate sedimentary bedrock resulting in karst terrain. Indicate if the karst terrain contains sinkholes or potential piping channels. Also, indicate if the site is marked by numerous rock outcaps which will, most probably, require blasting to accommodate site development. 2. Refer to the Traffic Impact Analysis. The proposed trip generator summary included on page 8 of the Traffic Impact Analysis (TIA) reflects the number of trips associated with 150 employees. However, the TIA has conveniently avoided the amount of truck traffic associated with the proposed distribution center. Considering the nature of the development, evaluating the truck traffic is critical in determining the real impact on the road network. Revise the TIA accordingly and resubmit. 1 Refer to F. Site Drainage: Elaborate on the statement "low impact type stormwater management techniques ". We anticipate that the stormwater runoff will be dramatically increased because of the proposed development including 739,000 square feet of warehouse space, 11,000 square feet of office space, and numerous acres of • 0 Rezoning 404 -08 — BPG/1 -81 Distribution Center September 17, 2008 Page 4 pavement. Therefore, we anticipate that onsite stormwater management will be required to mitigate offsite impacts. This mitigation may also require quality as well as quantity control considering the potential for the transport of hydrocarbon contaminated runoff from the parking areas. Indicate how this potential environmental impact will be addressed in the design phase lof the subject project. Frederick - Winchester Servicc Authority: No comments. Sanitation Authority Department: We will provide sewer and water service to this site. Department of Parks & Recreation: The Parks and Recreation Department would recommend the proffer statement include a ten foot trail on an adequate easement which to construct the trail. The trail design should meet VDOT and ASHTO guidelines. Health Department: The Health Dept. has no objection under the following conditions: 1. All buildings on site are to be served by the public water and sewer system as approved by the Frederick County Sanitation Authority. 2. All wells are to be abandoned according to the Private Well Regulations. 3. All septic tanks are to be pumped by an approved septic hauler and abandoned by filling with sand or gravel. 4. Permits are to be obtained from the Health Dept. for a proposal for a motel, hotel or restaurant. 5. All designs submitted should provide forprotection of the Branson Spring from any contaminants or drainage due to the proposed future construction. Winchester Regional Airport: We have reviewed the proposed rezoning application and determined that the proposed development plan will Dot have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces; therefore, special conditional will not be requested. Frederick County Public Schools: We offer no comments. Historic Resources Advisory Board: The HRAB considered this rezoning proposal during their meeting of January 16, 2007. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report and the Virginia Department of Historic Resources, as well as information provided by the applicant. At that time, the HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made two recommendations which included: 1. Since the last time a survey was done in 1990, the HRAB felt that the applicant must fill out a preliminary Information Form (PIT) from the Department of Historic Resources (DHR) for the Nathaniel Branson House, which is located on the property proposed to be rezoned. The PIF will determine if the Nathaniel Branson House can receive state recognition for its historical value. 2. The HRAB requested that a landscaped berm be placed along the frontage of the property, so that the viewshed of the Alexander Branson House (across Route 11) would not be negatively impacted by the placement of a 739,000 square foot industrial structure. Attorney Comments: Please see attached comments dated July 18, 2008 0 0 Rezoning 404 -08 — BPG/1 -81 Distribution Center September 17, 2008 Page 5 PlanninjZ & Zonine 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identities 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. The Applicant previously attempted to rezone these properties in 2007. Rezoning Application RZ #07 -07 was denied by the Board of Supervisors on September 12, 2007. For the purposes of this current application, the request for a different zoning classification, B3 rather than M1, is substantially different from the previous request and may be processed by Frederick County pursuant to Section 165 -11 of the Frederick County Zoning Ordinance. 2) 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. I -I J Land Use The parcel comprising this rezoning application is located within the` County's Sewer and Water Service Area (S WSA) and the site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The commercial / industrial transition land use proposed in this rezoning is consistent with the Northeast Land Use Plan. The plan states that "Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor ". Transportation 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). 0 0 Rezoning 404 -08 — BPG /I -81 Distribution Center September 17, 2008 Page 6 The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. 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 provide that Level of Service. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. Site Access and design. The Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter - parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. This development has proffered commercial entrance limitations on Martinsburg Pike from the property. The project has also proposed interparcel connectivity with the adjacent parcels to the north. It may be anticipated that additional development opportunities on the adjacent properties may occur in the future. Pedestrian accommodations have been provided along the projects frontage with Route 11. 3) Site Suitability/F.nvironment 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. This area is also known for karst topography. The Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design. The HRAB made two recommendations based upon the presence of the Nathaniel Branson House on the property. The HRAB felt that the applicant must fill out a Preliminary Information Form (PIT) from the Department of Historic Resources (DHR) for the Nathaniel Branson House, and the HRAB requested that a landscaped berm tie placed along the frontage of the property, so that the viewshed of the Alexander Branson House (across Route 11) would not be negatively impacted by the placement of a 739,000 square foot industrial structure. The application provides for additional landscape screening along Route 11 in an effort to tailor corridor improvements, beyond those customarily required by ordinance, to effectively enhance the corridor appearance of Route 11 and address the comments offered by the HRAB. 4) Potential Impacts Proposed Uses: The applicant has proffered that the property shall be developed with notmore.. than seven hundred fifty thousand (750,000) square feet of permitted uses. It should be further guaranteed that additional land uses that may make up this square footage should be limited, such as the limitation that the applicant placed on office uses, to ensure the impacts can be appropriately measured. A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application was amended from the TIA that 0 0 Rezoning #04 -08 — BPG /1 -81 Distribution Center September 17, 2008 Page 7 was prepared for the original rezoning request. The structure of the TIA is now acceptable to the County and VDOT as it is consistent with acceptable practices. The TIA still shows impacts at the evaluated intersections that have not been, or cannot be, addressed by the applicant. As you may recall, the TIA previously evaluated two scenarios. The amended TIA models the proffered land use scenario. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the completion of several area improvements including improvements at the intersection of Route 11 /Hopewell Road/Brucetown Road land improvements at the intersection of Route I 1 /Rest Church Road. None of the above improvements identified in the TIA have been addressed by this application. The applicant signalization agreement with VDOT. Transportation Program. The applicant's transportation program is limited to providing for i via deceleration lanes and providing for a monetary contribution improvements that would be completed by others in the amount of proffered to enter into a signalization agreement with VDOT. As necessary improvements identified in the TIA have not been addr addition, the Applicant's transportation program does not provide Eastern Road Plan element of the Comprehensive Plan, in particuL proffered to enter into a e required access to the site )wards area transportation 350,000. The applicant has as the case previously, the sed by this application. In )r or advance the County's , the widening of Route 11. As previously noted, interparcel connectivity should be a consideration with this application. Particular attention has been paid to the property to the north of this project. The extension of Branson Springs Road to the west through this site and over Interstate 81 is a concept that has recently been discussed and should continue to be evaluated with this project and as The Northeastern Frederick Land Use Plan is being reevaluated. Additional comments from Mr. John Bishop, Frederick County Transportation Planner are summarized as follows. Applicant should be preparing their site to make for an easy transition to an entrance area that aligns with Branson Springs Rd. Access should be granted to the entrance mentioned in the bullet above for the property to the north. Right -away should be considered for an extension of Branson Springs along the northern portion of the property. 4. Cash proffer amount is improved. 9 0 Rezoning #04 -08 — BPG /I -81 Distribution Center September 17, 2008 Page 8 C. Design Standards The Northeast Land Use Plan recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on all sides by RA (Rural Areas) zoned property, which is either in agricultural or residential use. While it is possible that these uses may change ink the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed. The project's location on a major corridor warrants particular attention. This has been provided for in this latest version of the application. Some additional clarification to allow for an improved landscaped area should be worked into the application. Consideration should also be given to screening along Interstate 81. The applicant has discussed addressing this issue and should incorporate this into the proffer statement. D. 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 $10,000. Proffer Statement —Dated June 19, 2008. Updated through September] 7,2008 (Please see updates provided to PC and BOS for a review of the changes to the proffers). A) Generalized Development Plan A Generalized Development Plan has been provided by the applicant. Staff would suggest that the flexibility written into the paragraph introducing the GDP may be too flexible and should be addressed. B) Land Use The applicant has provided that the amount of office space on the property will be incorporated into the primary use structure. Further, the applicant has proffered the development of no more than 750,000 square feet. It would be advisable to further guarantee the development ofthe site will be for one building only, consistent with the GDP. The applicant has proffered out specific land uses. The Applicant has proffered a ten foot wide landscape strip along Route 1 I including a variety of landscape plantings. This proffer should be expanded to allow for a broader area of planting in the area set aside between the right -of -way and the parking setback. The applicant has proffered to employ the Ml district setback and yard requirements for the development of this site. 0 0 Rezoning 904 -08 — BPG /1 -81 Distribution Center September 17, 2008 Page 9 The applicant has limited the fagade materials of the buildings fronting along Route 11 and Interstate 81 to a variety of materials. Proffer 7 is redundant as they are required by current C) Transportation The Applicant's proffered transportation improvements include the dedication of an additional ten feet of right -of -way for future improvements to Route 11 to be done by others. Right turn deceleration lanes have been proffered. The proffered right turn lanes are the minimum that would be required by VDOT during the development of the site. The Applicant has proffered to enter into a signalization agreement with VDOT and has proffered a $350,000 monetary contribution at the time of Certificate of Occupancy for unspecified improvements within the Route 11 corridor. Such impr vements would be done by others. The Applicant has proffered to construct a ten foot wide asphal multi -use trail along their frontage on Route 11. In general, the transportation proffer is much simpli/ted from that previously offered The mechanism for obtaining the transportation proffer is improved and the dollar value of the proffer is more than before. However, it should be carefully evaluated to ensure that the amount is sufficient to address and mitigate the transportation impacts associated with this request. An update to the County's Development Impact Model is presently being prepared. This will be a very important tool to evaluate what may be the appropriate transportation contribution for development projects. D) Community Facilities I The Applicant has proffered $10,000 to Frederick County for use by Clearbrook Volunteer Fire and Rescue. STAFF CONCLUSIONS FOR 08/06/08 PLANNING COMMISSION MEETING: The B3 land use proposed in this rezoning is consistent with the Northeast Land Use Plan. Many of the impacts associated with this rezoning request have been mitigated by the Applicant. However, careful consideration of the transportation impacts associated with this request and the proffered monetary contribution aimed at mitigating the impacts should occur. Transportation improvements have not been provided that would achieve a level of service C or address the Comprehensive Plan. u Rezoning 404 -08 — BPG /1 -81 Distribution Center September 17, 2008 Page 10 0 The applicant's team provided their cost estimates for transportation improvements based on the impact of background traffic versus the percentage of impact generated from the project. They calculated their share for background transportation infrastructure improvements to be $350,000 which would cover traffic signalization, a share in the construction of the Hopewell /Brucetown intersection, and the left -turn lane at Rest Church Road. The applicant's team pointed out revisions to their proffer which included a maximum of 750,000 square -feet of permitted use located within one building or within multiple buildings; one entrance to the property with availability for access by adjoining property and inter - parcel connections; the removal of food stores and hardware stores as allowable uses; utilization of Ml side yards and setbacks; enhanced landscaping; modifications to trip numbers from background traffic with growth rates; and the use of 1TE trip generation numbers for traffic modeling. A property owner in the Stonewall District, Mr. George Sempeles, spoke'during the public comment portion of the hearing; he was in favor of growth and development along Route 1 t North. lie believed this area needed business growth in order to fund the road improvements needed at the Brucetown interchange and the Route 1 1 /Rest Church entrance. Regarding the issues involving truck traffic, he commented that the new FBI Records Management site will not generate truck traffic, thereby reducing the amount of background traffic. Furthermore, he pointed out an additional 12 -foot right -of -way reserved alone his side of the road for a left -turn lane within the corridor between Clearbrook and Rest Church, which could be used to accommodate traffic. Commissioners raised issues involving the inadequacy of transportation infrastructure in this area and their concerns about the impact of additional truck -traffic from the proposed use in addition to existing background traffic. They questioned whether the applicant's monetary contribution towards transportation infrastructure was sufficient and whether the traffic impacts from the proposed use were adequately addressed. The lack of sufficient right -of -way at this location to fix the infrastructure geometrically or structurally was discussed and the possibility of a traffic management plan was raised. A member of the Commission commented about a few of the successful rezoning projects in this area and a couple of things those projects had in common were the installation of a split -rail fence along the corridor and each of the projects not only agreed to dedicate the ten -foot right -of -way along Route 11, but to build their section of the 12 -foot lane across the entire frontage. It was noted that the Comprehensive Policy Plan calls for Route 11 to be a four -lane divided highway. It was suggested that this project's applicants should consider following suit with these provisions. Commission members agreed with the need to eliminate hardware stores and food stores as an allowed use. The Commissioners pointed out that their Bylaws state that if revised proffers are not received prior to the agenda mailing, the Commission should table the application in order to provide time for the public to review the new proffers. The Planning Commission voted unanimously to table the rezoning application for 45 days in order to provide the public with the opportunity to review the revised proffers that were submitted after the agenda mailing and to give the applicant the opportunity to refine the application based on the issues raised. 9 Rezoning 904 -08 — BPG /1 -81 Distribution Center September 17, 2008 Page 1 I 0 (Note: Commissioner Watt was absent for this vote; Commissioners Rucicman, Triplett, and Ken were absent from the meeting.) STAFF The Applicant previously provided the Planning Commission with a revised proffer statement prior to your 08/06/08 meeting. In this revision, the Applicant attempted to address those issues identified in the staff report and those items identified by Mr. Bob Mitchell during his legal review dated July 18, 2008. Following this Commission meeting, the Applicant further revised their proffer statement in an effort to address the issues identified by the Planning Commission. The date of this latest revision to the proffer statement is August 25, 2008. In summary, the changes to the substance of the proffer statement are as follows. The Applicant has proffered out additional land uses including Food' Stores or groceries and Building materials, hardware, garden supply, mobile home dealers and retail nurseries. It was previously recognized that such uses could generate higher vehicle trip counts than originally anticipated by this request. Changes to the Applicants transportation program include a commitment to no more than one entrance to the property. However, provisions have been made for the I closure of this entrance in favor of a future entrance aligned with Branson Springs Road which is to be constructed by others. A contribution up to 50 percent of the cost of this entrance and signalization, up to an amount not to exceed $125,000.00 has been made. Proffers 3.3 and 3.4 regarding the potential for this relocated entrance to the property appear to warrant additional attention due to the specific language and a concern that the cap of $125,000.00 may not ultimately achieve a 50 percent share of the ultimate cost of the project. The Applicant has increased their monetary contribution by $200,000.00, to $550,000.00 from $350,000.00, for transportation improvements in the Route 11 north corridor. The County Attorney's concern regarding the timing of this contribution at issuance of building permit rather than at the time of a Certificate of Occupancy for a use on the property remains valid. The Applicant has proffered to provide additional tree plantings along the properties frontage. with Interstate 81 and has also proposed the construction of a split rail fence along the properties Route 11 frontage. In general, the more detailed comments previously offered by Mr. Mitchell appear to remain unaddressed. Any additional comments provided by the County Attorney will be forwarded to the Commission. Rezoning #04 -08 — BPG /1 -81 Distribution Center September 17, 2008 Page 12 P Staff s conclusions for this meeting remain generally the same as our previous conclusion. The B3 land use proposed in this rezoning is consistent with the Northeast Land Use Plan. Many of the impacts associated with this rezoning request have been mitigated by the Applicant. However, careful consideration of the transportation impacts associated with this request and the proffered monetary contribution aimed at mitigating the impacts should occur. It is recognized that the Applicant has increased their monetary contribution for transportation. However, transportation improvements have not been provided that would achieve a level of service C or address the Comprehensive Plan. • a REZONING APPLICATION 405 -08 BPG PROPERTIES, LTD /1 -81 DISTRIBUTION CENTER Staff Report for the Board of Supervisors Prepared: September 2, 2008 Staff Contact: Michael T. Ruddy, AICP, Dep Planning Director STAFF The Applicant previously provided the Planning Commission wither revised proffer statement prior to your 08/06/08 meeting. In this revision, the Applicant attempted to address those issues identified in the staff report and those items identified by Mr. Bob Mitchell during his legal review dated July 18, 2008. Following this Commission meeting, the Applicant further revised their proffer statement in an effort to address the issues identified by the Planning Commission. The date of this latest revision to the proffer statement is August 25, 2008. 1 In summary, the changes to the substance of the proffer statement are as The Applicant has proffered out additional land uses including Food Store's or groceries and Building materials, hardware, garden supply, mobile home dealers and retail nurseries. It was previously recognized that such uses could generate higher vehicle trip counts than originally anticipated by this request. Changes to the Applicant's transportation program include a commitment to no more than one entrance to the property. However, provisions have been made for the closure of thislentrance in favor of future entrance aligned with Branson Springs Road which is to be constructed by others. A contribution up to 50 percent of the cost of this entrance and signalization, up to an amount not to exceed $125,000.00 has been made. Proffers 3.3 and 3.4 regarding the potential for this relocated entrance to the property appear to warrant additional attention due to the specific language and Ia concern that the cap of $125,000.00 may not ultimately achieve a 50 percent share of the ultimate cost of the project. The Applicant has increased their monetary contribution by $200,000.00, to $550,000.00 from $350,000.00, for transportation improvements in the Route 11 north corridor. The County Attorney's concern regarding the timing of this contribution at issuance of building permit rather than at the time of a Certificate of Occupancy for a use on the property remains valid. The Applicant has proffered to provide additional tree plantings along the properties frontage with Interstate 81 and has also proposed the construction of a split rail fence along the properties' Route I 1 frontage. In general, the more detailed comments previously offered by Mr. Mitchell appear to remain unaddressed. Any additional comments provided by the County Attorney will be forwarded to the Commission. i 0 Rezoning 904 -08 — BPG /1 -81 Distribution Center September 2. 2008 Page 2 0 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 "ratter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Act Planning Commission: 08/06/08 Tabled 45 days Planning Commission: 09/17/08 Pen Board of Supervisors: 09/24/08 Pend PROPOSAL To rezone 59 acres from RA (Rural Areas) District Transition) District, with proffers. LOCATION The properties are located approximately 0.61 miles north with Cedar Hill (Route 671), bounded on the west by Interstate Route 81 an Pike (Route 11). MAGISTERIAL DISTRICT Stonewall PROPERTY ID NUMBER 33 -A -109 and 33-A-110 PROPERTY ZONING RA (Rural Areas) PRESENT USE Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE Commission B3 (Business, Industrial e Route 11 intersection the east by Martinsburg North: RA (Rural Areas) Use: Residential /Agricultural South: RA (Rural Areas) Use: Residential /Agricultural East: RA (Rural Areas) Use: Residential /Agricultural West: RA (Rural Areas) Use: Residential /Agricultural PROPOSED USES Office and Warehouse Uses 0 0 Rezoning ##04 -08 — BPG/I -81 Distribution Center September 2, 2008 Paae 3 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Route 11.1 'this route is the VDOT roadway which has been considered as the access to the property referenced. V DOT is satisfied that the revised transportation proffers offered in the BPG Properties/I -81 Distribution Center Rezoning Application dated June 19 2008 addressed transportation concerns associated with this request. We have the following comments: 1. The opportunity to realign their proposed entrance with Branson Springs Road in the futures will have a positive impact on the overall traffic movement on Route 11. 2. These proffers provide for the necessary entrance /turn lane improvements at the initial entrance in accordance with VDOT requirements at the time of site plan review. 3. While the Department recognizes that there are traffic impact deficiencies at both the Route l I and Rest Church Road intersection and Route 11 and Brucetown/Flopewell Road intersection, it appears the best solution is to accept a monetary contribution from the applicant. This would allow Frederick County and VDOT to make future decisions on the appropriate use of these funds. Frederick County, Deputy Director - Transportation: It appears that your'updated TIA addressed my previous concerns regarding background traffic. While it continues to be!my position that the ideal entrance for this site would align with Branson Spring Road, it appears that you are attempting to meet this goal with your proffers. While it is generally the preference of staff that physical improvements be put in place as opposed to cash proffers, the right -of -way issues in this situation and the fact that the greatest needs are on property not controlled by your client make the cash form of proffer appropriate in this case. I would again note that there is a draft transportation plan in process right now that calls for the extension of Branson Spring Road across the northern portion of your client's property. I would ask that your client consider making accommodations for this future roadway. Fire Marshall: Plan approval recommended. Clearbrook Vol. Fire Dept.: As long as the design has the standard fire codes ' Department of Inspections: No Comment. Department of Public Works: No comments received for this application. COMMENTS of 2007 APPLICATION: 1. Refer to C. Site Suitability: The site description indicates that the area is underlain by carbonate sedimentary bedrock resulting in karst terrain. Indicate if the karst terrain contains sinkholes or potential piping channels. Also, indicate if the site is marked by numerous rock outcaps which will, most probably, require blasting to accommodate site development., 2 -Refer to, the. Traffic.,. Impact .Analysis. The proposed trip generator summary included on page 8 of the Traffic Impact Analysis (TIA) reflects the number of trips associated with 150 employees. However, the TIA has conveniently avoided the amount of truck traffic associated with the proposed distribution center. Considering the nature of the development, evaluating the truck traffic is critical in determining the real impact on the road network. Revise the TIA accordingly and resubmit. 3. Refer to F. Site Drainage: Elaborate on the statement "low impact type stomiwater management techniques ". We anticipate that the stormwater runoff will be dramatically increased because of the proposed development including 739,000 square feet of warehouse space, 11,000 square feet of office space, and numerous acres of 0 0 - Rezoning 904 -08 — BPG'I -81 Distribution Center September 2, 2008 Page 4 pavement. Therefore, we anticipate that onsite stormwater management will be required to mitigate offsite impacts. This mitigation may also require quality as well as quantity control considering the potential for the transport of hydrocarbon contaminated runoff from the parking areas. Indicate how this potential environmental impact will be addressed in the design phase of the subject project. Frederick- Winchester Service Authority: No comments. Sanitation Authority Department: We will provide sewer and water Department of Parks & Recreation: The Parks and Recreation Departi proffer statement include a ten foot trail on an adequate easement which to design should meet VDOT and ASHTO guidelines. Health Department: The Health Dept. has no objection under the foll buildings on site are to be served by the public water and sewer system as County Sanitation Authority. 2. All wells are to be abandoned accol Regulations. 3. All septic tanks are to be pumped by an approved septic filling with sand or gravel. 4. Permits are to be obtained from the Health motel, hotel or restaurant. 5. All designs submitted should provide for prote from any contaminants or drainage due to the proposed future constructior to this site. would recommend the truct the trail. The trail g conditions: 1. All ived by the Frederick to the Private Well er and abandoned by . for a proposal for a of the Branson Spring Winchester Regional Airport: We have reviewed the proposed rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces; therefore, special conditional will not be requested. Frederick County Public Schools: We offer no comments. Historic Resources Advisory Board: The HRAB considered this rezoning proposal during their meeting of January 16, 2007. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Repo r[ and the Virginia Department of Historic Resources, as well as information provided by the applicant. At that time, the HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made two recommendations which included: 1. Since the last time a survey was done in 1990, the HRAB felt that the applicant must fill out a preliminary Information Form (PIF) from the Department of Historic Resources (DHR) for the .Nathaniel Branson House, which is located on the property., proposed to be rezoned. -.,The PIF will determine if the Nathaniel Branson House can receive state recognition for its historical value. 2. The HRAB requested that a landscaped berm be placed along the frontage of the property, so that the viewshed of the Alexander Branson House (across Route 11) would not be negatively impacted by the placement of a 739,000 square foot industrial structure. —. Attorney Comments: Please see attached comments dated July 18, 2008.. 0 0 Rezoning #04 -08 — BPG /1 -81 Distribution Center - -. - -.- September 2. 2008 Page 5 Planning & Zoning: 1) Site history The original Frederick County zoning map (U.S.G.S. Inwood 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. The Applicant previously attempted to rezone these properties in 2007. Rezoning Application RZ #07 -07 was denied by the Board of Supervisors on September 121 2007. For the purposes of this current application, the request for a different zoning classification. B3 rather than MI, is substantially different from the previous request and may be processed by Frederick County pursuant to Section 165 -11 of the Frederick County Zoning Ordinance. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1J Land Use The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The commercial / industrial transition land use proposed in this rezoning is consistent with the Northeast Land Use Plan. The plan states that "Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses, will, occur along the - Martinsburg Pike corridor''. ._._ -. Transportation 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 #04-08 — BPG /1 -81 Distribution Center September 2, 2008 Page 6 The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to�be improved to a four -lane facility. 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 provide that Level of Service. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. Site Access and design. The Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter - parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. This development has proffered commercial entrance limitations on Martinsburg Pike from the property. The project has also proposed interparcel connectivity with the adjacent parcels to the north. It may be anticipated that additional development opportunities on the adjacent properties may occur in the future. Pedestrian accommodations have been provided along the projects frontage with Route 11. 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, floodpl,ains or woodlands. This area is also known for karst topography. The Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailedlsite plan design. The HRAB made two recommendations based upon the presence of the Nathaniel Branson House on the property. The HRAB felt that the applicant must fill out a Preliminary Information Form (PIF) from the Department of Historic Resources (DHR) for the Nathaniel Branson House, and the HRAB requested that a landscaped berm belplaced along the frontage of the property, so that the viewshed of the Alexander Branson House (across Route 1 1) would not be negatively impacted by the placement of a 739,000 square foot industrial structure. The application provides for additional landscape screening along Route 11 in an effort to tailor corridor improvements, beyond those customarily required by ordinance, to effectively enhance the corridor appearance of Route 11 and address the comments offered by the HRAB. 4) Potential Impacts Proposed Uses:..The applicant has.proffered that the property shall be developed with not than seven hundred fifty (750,000) square feet of permitted uses. It should be further guaranteed that additional land uses that may make up this square footage should be limited, such as the limitation that the applicant placed on office uses, to ensure the impacts can be appropriately measured. A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application was amended from the TIA that 9 9 Rezoning #04 -08 — BPG /I -81 Distribution Center September 2, 2008 Page 7 was prepared for the original rezoning request. The structure of the TIA is now acceptable to the County and VDOT as it is consistent with acceptable practices. The TIA still shows impacts at the evaluated intersections that have not been, or cannot be, addressed by the applicant. As you may recall, the TIA previously evaluated two scenarios. The amended TIA models the proffered land use scenario. The TIA indicates that Level of Service C conditions or better will be maintained on study roads } and intersections with the completion of several area improvements including improvements at the intersection of Route II /Hopewell Road/Brucetown Road and improvements at the intersection of Route 11 /Rest Church Road. None of the above improvements identified in the TIA have been addressed by this application. The applicant i as proffered to enter into a signalization agreement with VDOT. Transportation Program. The applicant's transportation program is limited to providing for the required access to the site via deceleration lanes and providing for a monetary contribution towards area transportation improvements that would be completed by others in the amount of $350,000. The applicant has proffered to enter into a signalization agreement with VDOT. As was the case previously, the necessary improvements identified in the TIA have not 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, in particular,) the widening of Route 11. As previously noted, interparcel connectivity should be a consideration with this application. Particular attention has been paid to the property to the north of this project. The extension of Branson Springs Road to the west through this site and over Interstate 81 is a concept that has recently been discussed and should continue to be evaluated wit this project and as The Northeastern Frederick Land Use Plan is being reevaluated. Additional comments from Mr. John Bishop, Frederick County Transportation Planner are summarized as follows. 1. Applicant should be preparing their site to make for an easy transition to an entrance area that aligns with Branson Springs Rd. 2. Access the,,,, _ .- granted ., eta above r or r _ ess s„ ou e rante, tot e entrance mentioned in u property to the north. 3. Right -away should be considered for an extension of Branson Springs along the northern portion of the property. 4. Cash proffer amount is improved. Rezoning #.04 -08 -- BPG /1 -81 Distribution Center September 2, 2008 Pace 8 C. Design Standards The Northeast Land Use Plan recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on all sides by RA (Rural Areas) zoned property, which is either in agricultural or residential use. While it is possible that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed. The project's location on a major corridor warrants particular attention. This has been provided for in this latest version of the application. Some additional clarification to allow for an improved landscaped area should be worked into the application. Consideration should also be given to screening along Interstate 81. The applicant has discussei addressing this issue and should incorporate this into the proffer statement. D. 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 o f $10,000. Proffer Statement — Dated June 19, 2008. A) Generalized Development Plan A Generalized Development Plan has been provided by the applicant. Staff would suggest that the flexibility written into the paragraph introducing the GDP may be flexible and should be addressed. B) Land Use The applicant has provided that the amount of office space on the property will be incorporated into the primary use structure. Further, the applicant has proffered the development of no more than 750,000 square feet. It would be advisable to further guarantee the development of the site will be for one building only, consistent with the GDP. The applicant has proffered out specific land uses. The Applicant has proffered a ten foot wide landscape strip along Route 11 including a variety of landscape plantings. This proffer should be expanded to allow for a broader area of planting in the area set aside between the right -of -way and the parking setback. The applicant has proffered to employ the M 1 district setback and yard requirements for the development of this site. i Rezoning 404 -08 — BPG /I -81 Distribution Center September 2, 2008 Page 9 The applicant has limited the fagade materials of the buildings fronting along Route 11 and Interstate 81 to a variety of materials. Proffer 7 is redundant as they are required by current C) Transportation The Applicant's proffered transportation improvements include the dedication of an additional ten feet of right -of -way for future improvements to Route 11 to be done by others. Right turn deceleration lanes have been proffered. The proffered right turn lanes are the minimum that would be required by VDOT during the development of the site. I The Applicant has proffered to enter into a signalization agreement with VDOT and has proffered a $350,000 monetary contribution at the time of Certificate of Occupancy for unspecified improvements within the Route I 1 corridor. Such improvements would be done by others. The Applicant has proffered to construct a ten foot wide asphalt multi -use trail along their frontage on Route 11. 1 In general, the transportation proffer is much simplifiedfrom that previously offered. The mechanism for obtaining the transportation proffer is improved and the dollar value of the proffer is more than before. However, it should be carefully evaluated to ensure that the amount is sufficient to address and mitigate the transportation impacts associated with this request. An update to the County's Development Impact Model is presently being prepared This will be a very important tool to evaluate what may be the appropriate transportation contribution for development projects. D) Community Facilities The Applicant has proffered $10,000 to Frederick County for use by i Clearbrook Volunteer Fire and Rescue. STAFF CONCLUSIONS FOR 08/06/08 PLANNING COMMISSION MEETING: The B3 land use proposed in this rezoning is consistent with the Northeast Land Use Plan. Many of the impacts g q mitigated by the Applicant. However, careful consideration deration of the transportation impacts associated'Wit been mi -- h this request and the proffered monetary contribution aimed at mitigating the impacts should occur. Transportation improvements have not been provided that would achieve a level of service C or address the Comprehensive Plan. 0 Rezoning #04 -08 — BPG /I -81 Distribution Center.. September 2, 2008 Page 10 The applicant's team provided their cost estimates for transportation impro) of background traffic versus the percentage of impact generated from the their share for background transportation infrastructure improvements to cover traffic signalization, a share in the construction of the Hopewell /Bru( left -turn lane at Rest Church Road. The applicant's team pointed out revi included a maximum of 750,000 square -feet of permitted use located wii multiple buildings; one entrance to the property with availability for acces inter - parcel connections; the removal of food stores and hardware stores as M1 side yards and setbacks; enhanced landscaping; modifications to trip traffic with growth rates; and the use of ITE trip generation numbers for t menis based on the impact project. They calculated )e $350,000 which would town intersection, and the ons to their proffer which in one building or within by adjoining property and lowable uses; utilization of umbers from background ffic modeling. A property owner in the Stonewall District, Mr. George Sempeles, spoke during the public comment portion of the hearing; he was in favor of growth and development along Route 11 North._ He believed this area needed business growth in order to fund the road improvements needed at the Brucetown interchange and the Route 1 I/Rest Church entrance. Regarding the issues involving truck traffic, he commented that the new FBI Records Management site will not generate trick traffic, thereby reducing the amount of background traffic. Furthermore, he pointed out an additional 12 -foot right -of -way reserved along his side of the road for a left -turn lane within the corridor between Clearbrook and Rest Church, which could be used to accommodate traffic. I Commissioners raised issues involving the inadequacy of transportation infrastructure in this area and their concerns about the impact of additional truck - traffic from the proposed use in addition to existing background traffic. They questioned whether the applicant's monetary contribution towards transportation infrastructure was sufficient and whether the traffic impacts from the proposed use were adequately addressed. The lack of sufficient right -of -way at this location to fix the infrastructure geometrically or structurally was discussed and the possibility of a traffic management plan was raised. A member of the Commission commented about a few of the successful rezoning projects in this area and a couple of things those projects had in common were the installation of a split -rail fence along the corridor and each of the projects not only agreed to dedicate the ten -foot right -of -way along Route 11, but to build their section of the 12 -foot lane across the entire frontage. It was noted that the Comprehensive Policy Plan calls for Route 11 to be a four -lane divided highway. It was suggested that this project's applicants should consider following suit with these provisions. Commission members agreed with the need to eliminate — hardware stores and food stores as an allowed use. The Commissioners pointed out that their Bylaws state that'if revised proffers are not received prior to the agenda mailing, the Commission should table the application in order to provide time for the public to review the new proffers. The Planning Commission voted unanimously to table the rezoning application for 45 days in order to provide the public with the opportunity to review the revised proffers that were submitted after the agenda mailing and to give the applicant the opportunity to refine the application based on the issues raised. Rezoning 904 -08 — BPG /1 -81 Distribution Center September 2, 2008 Page 11 (Note: Commissioner Watt was absent for this vote; Commissioners absent from the meeting.) Please see front page of this report. Staffs conclusions for this meeting remain generally the same as our previ use proposed in this rezoning is consistent with the Northeast Land Use associated with this rezoning request have been mitigated by the Ap consideration of the transportation impacts associated with this request contribution aimed at mitigating the impacts should occur. It is recogn increased their monetary contribution for transportation. However, transpc not been provided that would achieve a level of service C or address the 1 Triplett, and Kerr were conclusion. The B3 land n. Many of the impacts ant. However, careful the proffered monetary I that the Applicant has :ion improvements have iorehensive Plan. raised by the Planning Commission. I -81 Distribution C ReZoning REZ 05 - 08 PIN: 33-A- 109, 33-A- 110 — Future R07 Bypass Zoning M2(Induaaial, General Djs u �Appllentlpn 4W BI Muemen. Neighborhood Districp • MH I(Mabile Home Communi(,Dja ct) Urban DevelopmeutMa• B2 Mee—, (hnenl Door.) • MS (Medial Suppart Dimncp #M%oSWSA • B3 (Business. Indusulal Trruorfinn DiN c1) — R4 (Retldatial Planed Commumty Diancl) •EM(Ek --- Manufedynng ul et) 4a 3(R i4enlfal ReurefiodCommuNty District) • FIE(Higher Fducafmn Do )et) ORAR Area Disuitp I_ MI l,Indushial, LeghcDisl[itt] RP(Re ®dentist P<riolmanceDisaict) 0 250 500 1,000 Feet Map Document ( N- \Plannine_And_Ne'+elopment \_t LocatIr_Mps\ 20081181_❑ istdhutionGenteY _REZ0508_070708. mxd) ]x72008 0 0 A. Site Background and History The 1 -81 Distribution Center property consists of 2 parcels with PIN #'s 33 -((A)) -109 &33-((A))-110. The 59.077 acres of land are located as shown on the attached Figure 1 Location Map. The site lies outside the Urban Development Area of Frederick County. (See Figure 2). 1 The site had historically been used for agriculture. Principle access is provided by U. S. Route 11 "Martinsburg Pike ". �� �t go V . Sp (I A4 auliv __y ry "meta 1 . \ a esb ro 34 . .. 522 Haypold Sn q Obi 42 1^ i 4m r , 45 f ., Le et � a !! Pn }l9s v44. / o ' 53 �7 I 37 • // ♦ � .9F��n � 7 J C � � •� [ u � 63 ry 66 Iii BISTRIBUTMN CENTER FREDERICK COUNTY. Maw RES Mr Date'10 /24/06 Job No,o07 °06-0072 wot. H. , 7RL'm OEM- DIC. vaaseDe Fl ®uwe URBAN DEVELOPMENT AREA Cadd file no., �� Scale- N/A 0 0 B Location and Access The sites has 2077' frontage on U. S. Route 11 "Martinsburg Pike" which will be the principle access to the development parcel. Figure 3 shows the location of the site with respect to area transportation planning. The site will utilize U. S. Route 11 for this rezoned use. There will be one (1) access point for the site as depicted on the GDP and as reflected in the Proffer Statement. The "Initial Entrance" will be 700' south of Branson Spring Road and the "Future Entrance" will be aligned with Branson Spring. Since the site is located within the I -81 corridor and is situated between exits 321 and 323, traffic to and from the site will be provided with options. Refer to Traffic Impact Analysis by PHR &A for existing and anticipated traffic movements. SITE ° s ]6 L'i 1 1x- �+'�1. F RECONPl si' IN YFUNMTOBE tl . d - ^ CONNECTION PROVIDED BY ESTER ��—~a AL R m� P, fi6a ry .l `q { wnchesler �f � 1 } f > REMOVE F'LOAD g j 6� 1'P 1 ♦ ws (r}' In _ r i W F,Bdenck REMOVE IN7EACHANGE County 19P StepbEns � ry 7 •� 617 t i � �. P \• -\ N:o Ivf4:l secrcxcma )) ,& 'm'. 66e ...,mnieveaox• S f € S m a._. svvV APSp xaN]wY f°" (° // NFI!OUfYF`19 io FOP➢Wp +pH y� EFPTNp yGVNI.NI J Ic V \J' _ •_�� - -v ..4WTM ON IEW nL13NIX Y I � FMI;mNS„oYZOPFOnuanFleO K1 Y.gL6XFnNE SVSRn M3lE �kvWn alpwnY \` } v W IMFI WNaMF vv� �mYaYw n �m pimvin9 �, �: 'AI'FMNAKKiErNPgJYFHENYB N � -Az J L Alk m H}4 164% WR JL JILI if �ri.y ,d� d FREDERICK CMMW, VIRGWA Date,10 /24/06 Job N*47- Cadd flle na, fA1TSSNDYE16Dl[T4 Scale N/A waa M NI j � 4 y] }:. 0 • C. Site Suitability The project and general geographic area is underlain by carbonate sedimentary bedrock which results in karst terrain. Topographic mapping for the site indicates a site typical of the karst terrain with gentle slopes and reasonable level plain areas. Typical of other properties within the area, this site is generally suitable for the proposed facility. A site characterization showing important environmental features is included in Figure 4. The following chart provides an area summary: I -81 Distribution Center Site Characteristics Total Project Area Area in Flood Plain Area in Woodlands Area in Steep Slopes Area in Wetlands Lakes & Ponds 59.077 Acres 0.00 Acres 0.00 Acres 0.00 Acres 0.00 Acres 0.00 Acres The property is planned for a warehouse facility with an approximate building area of 750,000 square feet and parking for 100 +/- cars, 200 trailers, 'and 150 loading docks. 16 1�; } "v 0 0 D. Traffic The transportation impact analysis prepared for this project shows that under the conditions provided, traffic generation from this site is acceptable and manageable considering the overall development of the U. S. Route 11 /I -81 corridor. Under the conditions imposed by this rezoning, this roadway system will continue to function at a level of service of "C" or better during the 2010 background and build -out conditions, respectively. As is stated in the Traffic Impact Analysis, the development of this site to accommodate a 750,000 +/- square foot warehouse facility does not significantly affect the existing or proposed roadway system. 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA be completed by Planning ling Amendment Number . Hearing. Date V(' Fee Amount Paid $ Date Received 4) BOS Hearing Date 9 c! / o g' The following information shall be provided by the applicant; All parcel identification numbers, deed book and page numbers maybe obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street' Winchester. 1. Applicant: Name:. BPG Properties, Ltd. Telephone: (703) 6 8 0 -4 664 Address: c/o Walsh, Colucci, Lubeley, Emrich 6 Walsh, PC 4310 Prince William Parkway Ste 300 Prince William VA 22 192 2. Property Owner (if different than Above) Name: Estate of Roy Riley Boyce, Jr. Telephone: Address: PO Box 67 3. Contact person if other than.above Name: Michael J. Cough Telephone: ; ( 703 ) 680 -4664 027 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact. Analysis Statement. X Verification of taxes paid X Proffer Statement X 10 0 • 5. The Code of Virginia allows us to. request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Estate of Roy Riley Boyce, Jr. BPG Properties, Ltd. G. A) Current Use.of the Propelty: Agri with existing residence i B) Proposed Use of the Property: 750,Og0.square feet of warehouse and ancillary uses permitted by the Proffer Statement. 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 33- A -86A, 86B, 87B, 111 Residential RA 33 -A -87, 108, 112 Agricultural RA 33 -12 -24 Agricultural RA 33- A -105B Commercial M -1 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): Approximately 0.61 +/- miles north of the Route 11 intersection with state route 671 (Cedar Hill). Bounded on the west by Interstate Route 81 and on the east by .. Route 11 (Martinsburg Pike). 11 0 0 9. The following information should be provided according,to the type of rezoning proposed i Number of Units. Proposed Single Family homes: N/A Townhome: N/A Multi - Family: N/A Non - Residential Lots; N/A Mobile Home: N/A Hotel Rooms: N/ Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A i Restaurant: N /A Warehouse: 750,000 Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that.the sign issued when this application is submitted must be placed at the front property line at least.seven days .prior to the Planning:Commission public hearing and the Board of Supervisors' publichearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge, Applicant(s): Date: S yti 0� as 1 `l Date: 2- � � .l i i Owner(s): 4 "t Date: j� 1� - Date: � 1501 0 Adjoining Property Owners Rezoning . Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Named lee pragg P 0 B:c 174 r�ngrhrrrk 17A 22624 Property # 33 -7-111 Name C W Sr & Jbhne 9qoeird 2897 NhIbnd,rrg pike CLemixaok VA 22656 ' Property # 33 -4-112 Name Ika>ald S. CLi� 4123 Nh� Pike CLca ] , VA 22624 Property # 33 -A-103 Name y M Bcyce P O B:c 67 CLeaftrcnk ' VA 22624 Property # 33 -A-86A Name yay tr B:�,� P O Bic 67 Clearbralc vA 22624 Property # 33-A-8 Name Dx Ad C. Cock 4030 Martindinn Pike C VA 22624 Property # 33 -A-87B Name GLEn E. & Judy S. asmll 2619 6kdsicb Pced Clsmtrcck VA 22624 Property # 33 -73-87 Name Fairfield pgin cE ;.red. aD. IIC 7897 MRt;nda Filn Sbgimscn VA 22656 Property # 33 -12 -24 Name N rtuiaJ3zg Pike Assoc., ILC 4150 Matxm ,ng Pike CLemtrzck VA 22624 Property# 33A 1058 i> „ .O 4 � e / Y f 500 1000 1500 SCALE: 1 -500' CURRENT OWLIER: ROBIN HULL & KAY MARIE MORRISON IeLIF WE #060000235 1M 33 ((A)) PRCLS 109 & 110 IIII'� SIIRVE'i HAS BEE14 PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THEREFORE, THIS PLAT MAY NOT INDICATE ALL F..I•ICUTABRANCFS ON THE PROPERTY. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NOT IIITERMINED DURING THIS SURVEY. Ihii: EXACT 1.0CA110N OR EXISTENCE OF UNDERGROUND UTILITIES W.aS NOT ESTABLISHED DURING THIS SURVEY. lamoa .N vca f�� aa1s1 �c: DAVID F. SPR16GS No. 1853 K s, & ti SUR . AUGUST 14, 2006 IPF = IRON PIN FOUND IRS = IRON ROD SET SEE SHEET 3 OF 3 FOR CURVE TABLE. PARCEL 109 = 18.9306 AC.f PARCEL 110 = 40.1464 AC.t TOTAL AREA = 59.0770 AC.f I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SF HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UN SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS 0 THAN THOSE SHOWN OR NOTED. BOUNDARY SURVEY ON THE PROPEF ROBIN HULL & KAY MARIE MORRISOf STONEWALL MAGISTERIAL DISTRI FREDERICK COUNTY, VIRGINIA DATE: AUGUST 14, 2006 SCALE: 1” L 1 111 0 TRIAD ENGINEERING, IN( 200 AVIATION DRIVE WINCHESTE (54.0) 667 -9300 FAX (540) C O ` J r 10 IVIA I Uli LIN - SHEET 3 OF 3 TM 33 PRCL 40.1464 IRS N S18'31'55 "R J s > '3 " h` 142.22' N/F ` CHARLES W, & JOLINE S. ORNDOFF 577/694 POST MANHOLE- \` ////���� FRAME &Y < BARN 2 STORY �-- BRICK 7 �1 HOUSE GRAVEL) / D/W 110 0 44, 3 �j i r � IRS Q-- FENCE POST FENCE WIRE \` r J REMAINS FENCE N>p.36 qs, l c,, / W O ON "I O ICY 6>, 09 ' IRS / 2 w S67'35'13 "E - 905.20' o ° y TO SET STONE FIND. SEE SHEET 3 OF 3 FOR 200 O 200 40i SCALE: 1 w a = N 0 O Z Q Z � o NLTIi 0p `�' l o� 0 DAVID F. SPRIGGS No, 1853 Z SUR` e. AUGUST 14, 2006 BOUNDARY SURVEY ON THE PROPE ROBIN HULL & KAY MARIE MORRIS01 STONEWALL MAGISTERIAL DISTF FREDERICK COUNTY, VIRGINI, DATE: AUGUST 14, 2006 SCALE: 1 TRIAD ENGINEERING, IN 200 AVIATION DRIVE WINCHESTI (540) 667 -9300 FAX (540) . o, N . N U h 4 C O ` J r 10 IVIA I Uli LIN - SHEET 3 OF 3 TM 33 PRCL 40.1464 IRS N S18'31'55 "R J s > '3 " h` 142.22' N/F ` CHARLES W, & JOLINE S. ORNDOFF 577/694 POST MANHOLE- \` ////���� FRAME &Y < BARN 2 STORY �-- BRICK 7 �1 HOUSE GRAVEL) / D/W 110 0 44, 3 �j i r � IRS Q-- FENCE POST FENCE WIRE \` r J REMAINS FENCE N>p.36 qs, l c,, / W O ON "I O ICY 6>, 09 ' IRS / 2 w S67'35'13 "E - 905.20' o ° y TO SET STONE FIND. SEE SHEET 3 OF 3 FOR 200 O 200 40i SCALE: 1 w a = N 0 O Z Q Z � o NLTIi 0p `�' l o� 0 DAVID F. SPRIGGS No, 1853 Z SUR` e. AUGUST 14, 2006 BOUNDARY SURVEY ON THE PROPE ROBIN HULL & KAY MARIE MORRIS01 STONEWALL MAGISTERIAL DISTF FREDERICK COUNTY, VIRGINI, DATE: AUGUST 14, 2006 SCALE: 1 TRIAD ENGINEERING, IN 200 AVIATION DRIVE WINCHESTI (540) 667 -9300 FAX (540) r r / / o z r r a z EL _ / je r c � � C � <v r� r / /Qv O O � o , h IRS IPF — N28`12'06 "W — 2164.80' .� TO SET STONE END. I CURVE IDELTA ANGLE IARC LENGTH IRADIUS ITANGENT I CHORD DIRECTION CF C1 07'03 "33'" 701.03 5690.00 350.96 513'38'12 "W 7C C2 02'52'17" 285.15 5690.00 142.60 518'36'07 "W 28 ``5 643 " BOARD N/F 3 S4 3p FENCE DONALD S. CLINE � IRE WB 97/507 r FENCE � IPF�' "E I REMAINS TM 33 ((A)) 332.62' �C/L METAL PRCL 109 IRS ; TOWER 18.9306 AC.t WIRE FENCE "ME C/L METAL ' . TOWER r � � r C/L N0. VA. ,POWER CO. R/W 5/308 \ VEPCO R/W Z -r, C/L METAL ��� 308/47 TOWER TM 110)) \FENCE 40. 1464" AC.± REMAINS 4p' '--� APPROX. R /W\ WB 33/254 1 VHC MON. END r _ SHED A ^ / / `FENCE WELL 97.47' L /` REMAINS IRS `��Zl� " 10 1 w O ^ IRS MATCH LINE - SHEET 2 OF 3 0 200 O 200 400 600 r o LTH OF Y 1 O� DAVID F. SPRIGGS No. 1853 AUGUST 14, 2006 BOUNDARY SURVEY ON THE PROPE ROBIN HULL & KAY MARIE MORRISOI STONEWALL MAGISTERIAL DISTF FREDERICK COUNTY, VIRGINI DATE: AUGUST 14, 2006 SCALE: 1 Qm c c o l'�H TRIAD ENGINEERING, IN 200 AVIATION DRIVE WINCHEST (540) 667 -9300 FAX (540) SCALE: 1"-200- REZONING APPLICATION #05 -08 BPG PROPERTIES, LTD./I -81 DISTRIBUTION CENTER Staff Report for the Planning Commission Prepared: July 16, 2008 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 Planning Commission: 08/06/08 Board of Supervisors: 09/24/08 Action Pending Pending I PROPOSAL To rezone 59 acres from RA (Rural Areas) District to B3 (Business, Industrial Transition) District, with proffers. LOC The properties are located approximately 0.61 miles north of the Route 1 1 intersection with Cedar Hill (Route 671), bounded on the west by Interstate Route 81 and on the east by Martinsburg Pike (Route 11). MAGISTERIAL DISTRICT Stonewall PROPERTY Ill NUMBER 33 -A -109 and 33 -A -110 PROPERTY ZONING RA (Rural Areas) PRESENT USE Residential and agricultural ADJOINING PROPERTY ZONING & PRESENT USE North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential /Agricultural Use: Residenti al /Agricultural Use: Residential /Agricultural Use: Residential /Agricultural PROPOSED USES Office and Warehouse Uses Rezoning 404 -08 — BPG /I -81 Distribution Center July 16, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have a significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the revised transportation proffers offered in the BPG Properties /I -81 Distribution Center Rezoning Application dated June 19, 2008 addressed transportation concerns associated with this request. We have the following comments: 1. The opportunity to realign their proposed entrance with Branson Springs Road in the futures wilt have a positive impact on the overall traffic movement on Route 11. 2. These proffers provide for the necessary entrance /turn lane improvements at the initial entrance in accordance with VDOT requirements at the time of site plan review. 3. While the Department recognizes that there are traffic impact deficiencies at both the Route 11 and Rest Church Road intersection and Route 11 and Brucetown /Hopewell Road intersection, it appears the best solution is to accept a monetary contribution from the applicant. This would allow Frederick County and VDOT to make future decisions on the appropriate use of these funds. 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. Frederick County, Deputy Director - Transportation: It appears that your updated TIA addressed my previous concerns regarding background traffic. While it continues to be my position that the ideal entrance for this site would align with Branson Spring Road, it appears that you are attempting to meet this goal with your proffers. While it is generally the preference of staff that physical improvements be put in place as opposed to cash proffers, the right -of -way issues in this situation land the fact that the greatest needs are on property not controlled by your client make the cash form of proffer appropriate in this case. I would again note that there is a draft transportation plan in process right now that calls for the extension of Branson Spring Road across the northern portion of your clienCs property. I would ask that your client consider making accommodations for this future roadway. Fire Marshall: Plan approval recommended. Clearbrook Vol. Fire Dept.: As long as the design has the standard fire codes. Department of Inspections: No Comment. Department of Public Works: No comments received for this application. COMMENTS of 2007 APPLICATION: 1. Refer to C. Site Suitability: The site description indicates that the area is underlain by carbonate sedimentary bedrock resulting in karst terrain. Indicate if the karst terrain contains sinkholes or potential piping channels. Also, indicate if the site is marked by numerous rock outcaps which will, most probably, require blasting to accommodate site development. 2. Refer to the Traffic Impact Analysis. The proposed trip generator summary included on page 8 of the Traffic 0 0 Rezoning 904 -08 — BPG /I -81 Distribution Center July 16, 2008 Page 3 Impact Analysis (TIA) reflects the number of trips associated with 150 employees. However, the TIA has conveniently avoided the amount of truck traffic associated with the proposed distribution center. Considering the nature of the development, evaluating the truck traffic is critical in determining the real impact on the road network. Revise the TIA accordingly and resubmit. 3. Refer to F. Site Drainage: Elaborate on the statement "low impact type stormwater management techniques ". We anticipate that the stormwater runoff will be dramatically increased because of the proposed development including 739,000 square feet of warehouse space, 11,000 square feet of office space, and numerous acres of pavement. Therefore, we anticipate that onsite stormwater management will be required to mitigate offsite impacts. This mitigation may also require quality as well as quantity control considering the potential for the transport of hydrocarbon contaminated runoff from the parking areas. Indicate how this potential environmental impact will be addressed in the design phase of the subject project. Frederick - Winchester Service Authoritv: No comments. Sanitation Authority Department: We will provide sewer and water service to this site. Department of Parks & Recreation: The Parks and Recreation Department would recommend the proffer statement include a ten foot trail on an adequate easement which to construct the trail. The trail design should meet VDOT and ASI -ITO guidelines. Health Department: The Health Dept. has no objection under the following conditions: 1. All buildings on site are to be served by the public water and sewer system as approved by the Frederick County Sanitation Authority. 2. All wells are to be abandoned according to the Private Well Regulations. 3. All septic tanks are to be pumped by an approved septic hauler and abandoned by filling with sand or gravel. 4. Permits are to be obtained from the Health Dept.ifor a proposal for a motel, hotel or restaurant. 5. All designs submitted should provide for protection of the Branson Spring from any contaminants or drainage due to the proposed future construction. Winchester Regional Airport: We have reviewed the proposed rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces; therefore, special conditional will not be requested. Frederick County Public Schools: We offer no comments. Historic Resources Advisory Board: The HRAB considered this rezoning proposal during their meeting of January 16, 2007. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey port and the Virginia Department of Historic Resources, as well as information provided by the applicant. At that time, the HRAB felt that the proffers associated with historic preservation and recognition was adequate, but made two recommendations which included: 1. Since the last time a survey was done in 1990, the HRAB felt that the applicant must fill out a preliminary Information Form (PIF) from the Department of Historic Resources (DHR) for the Nathaniel Branson House, which is located on the property proposed to be rezoned. The PIT will determine if the Nathaniel Branson House can receive state recognition for its historical value. 0 0 Rezoning 904 -08 — BPG/1 -81 Distribution Center July 16, 2008 Page 4 2. The HRAB requested that a landscaped berm be placed along the frontage of the property, so that the viewshed of the Alexander Branson House (across Route 11) would not be negatively impacted by the placement of a 739,000 square foot industrial structure. Attornev Comments: Comments pending Planninlz & Zonine: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood 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. The Applicant previously attempted to rezone these properties in 2007. Rezoning Application RZ #07 -07 was denied by the Board of Supervisors on September 12, 2007 For the purposes of this current application, the request for a different zoning classification. B3 rather than Ml, is substantially different from the previous request and may be processed by Frederick County pursuant to Section 165 -11 of the Frederick County Zoning Ordinance. i i 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1J Land Use The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (S WSA) and the site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The commercial / industrial transition land use proposed in this rezoning is consistent with the Northeast Land Use Plan. The plan states that "Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 exits 317, 321 and 323. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor ". Rezoning 904 -08 — BPG/I -81 Distribution Center July 16, 2008 Page 5 Transportation 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). The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. 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 provide that Level of Service. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. Site Access and design. The Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter - parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. This development has proffered commercial entrance limitations on Martinsburg Pike from the property. The project has also proposed interparcel connectivity with the adjacent parcels to the north. It may be anticipated that additional development opportunities on the adjacent properties may occur in the future. Pedestrian accommodations have been provided along the projects frontage with Route 11. 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. This area is also known for karst topography. The Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design. The HRAB made two recommendations based upon the presence of the Nathaniel Branson House on the property. The HRAB felt that the applicant must fill out a Preliminary Information Form (PIF) from the Department of Historic Resources (DI -IR) for the Nathaniel Branson House, and the HRAB requested that a landscaped berm be placed along the frontage of the property, so that the viewshed of the Alexander Branson House (across Route 11) would not be negatively impacted by the placement of a 739,000 square foot industrial structure. The application provides for additional landscape screening along Route 11 in an effort to tailor corridor improvements, beyond those customarily required by ordinance, to effectively enhance the corridor appearance of Route I I and address the comments offered by the HRAB. 4) Potential Impacts Proposed Uses: The applicant has proffered that the property shall be developed with not more than seven hundred fifty thousand (750,000) square feet of permitted uses. It should be further guaranteed that additional land uses that may make up this square footage should be 0 Rezoning #04 -08 — BPG /I -81 Distribution Center July 16, 2008 Page 6 limited, such as the limitation that the applicant placed on office uses, to ensure the impacts can be appropriately measured. A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application was amend from the TIA that was prepared for the original rezoning request. The structure of the TIA is now acceptable to the County and VDOT as it is consistent with acceptable practices. The TIA still shows impacts at the evaluated intersections that have not been, or cannot be, addressed Iby the applicant. As you may recall, the TIA previously evaluated two scenarios. The amended TIA models the proffered land use scenario. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the completion of several area improvements including improvements at the intersection of Route H /Hopewell Road /Brucetown Road and improvements at the intersection of Route I1 /Rest Church Road. None of the above improvements identified in the TIA have been addressed by this application. The applicant has proffered to enter into a signalization agreement with VDOT. Transportation Program. The applicant's transportation program is limited to providing for the required access to the site via deceleration lanes and providing for a monetary contribution towards area transportation improvements that would be completed by others in the amount of $350,000. The applicant has proffered to enter into a signalization agreement with VDOT. As was the lcase previously, the necessary improvements identified in the TIA have not 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, in particular, the widening of Route 11. As previously noted, inter connectivity should be a consideration with this application. Particular attention has been paid to the property to the north of this project. The extension of Branson Springs Road to the west through this site and over Interstate 81 is a concept that has recently been discussed and should continue to be evaluated with this project and as The Northeastern Frederick Land Use Plan is being reevaluated. Additional comments from Mr. John Bishop, Frederick County Transportation Planner are summarized as follows. 1. Applicant should be preparing their site to make for an easy transition to an entrance area that aligns with Branson Springs Rd. 2. Access should be granted to the entrance mentioned in the bullet above for the property to the north. 3. Right -away should be considered for an extension of Branson Springs along the northern portion of the property. 4. Cash proffer amount is improved. 0 0 Rezoning 904 -08 — BPG /1 -81 Distribution Center July 16, 2008 Page 7 C. Design Standards The Northeast Land Use Plan recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on all sides by RA (Rural Areas) zoned property, which is either in agricultural or residential use. While it is possible that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed. The project's location on a major corridor warrants particular attention. This has been provided for in this latest version of the application. Some additional clarification to allow for an improved landscaped area should be worked into the application. Consideration should also be given to screening along Interstate 81. The applicant has discussed addressing this issue and should incorporate this into the proffer statement. D. Community Facilities The development of this site will have an impact on community fa( However, it is recognized that commercial uses generally provide a community facilities through the additional generation of tax revenu addresses the impacts to Fire and Rescue services by providing a moneta amount of $10,000. Proffer Statement — Dated June 19. 2008. ities and services. ositive impact on This application contribution in an A) Generalized Development Plan I A Generalized Development Plan has been provided by the applicant. Staff would suggest that the flexibility written into the paragraph introducing the GDP may be too flexible and should be addressed. B) Land Use The applicant has provided that the amount of office space on the property will be incorporated into the primary use structure. Further, the applicant has proffered the development of no more than 750,000 square feet. It would be advisable to further guarantee the development of the site will be for one building only, consistent with the GDP. The applicant has proffered out specific land uses. The Applicant has proffered a ten foot wide landscape strip along Route 1 1 including a variety of landscape plantings. This proffer should be expanded to allow for a broader area of planting in the area set aside between the right -of -way and the parking setback. The applicant has proffered to employ the M 1 district setback and yard requirements for, the development of this site. Rezoning #04 -08 — BPG /I -81 Distribution Center July 16, 2008 Page 8 The applicant has limited the fapade materials of the Interstate 81 to a variety of materials. 0 buildings fronting along Route 11 and Proffer 7 is redundant as they are required by current ordinance. C) Transportation The Applicant's proffered transportation improvements include the dedication of an additional ten feet of right -of -way for future improvements to Route 11 to be done by others. Right turn deceleration lanes have been proffered. The proffered right turn lanes are the minimum that would be required by VDOT during the development of the site. The Applicant has proffered to enter into a signalization agreement with VDOT and has proffered a $350,000 monetary contribution at the time of Certificate of Occupancy for unspecified improvements within the Route I I corridor. Such improvements would be done by others. The Applicant has proffered to construct a ten foot wide asphalt multi -use trail along their frontage on Route 11. In general, the transportation proffer is much simplifled from that previously offered. The mechanism for obtaining the transportation proffer is improved and the dollar value of the proffer is more than before. However, it should he carefully evaluated to ensure that the amount is sufficient to address and mitigate the transportation impacts associated with this request. An update to the County's Development Impact Model is presently being prepared. This will be a very important tool to evaluate what may be the appropriate transportation contribution for development projects. D) Communitv Facilities The Applicant has proffered $10,000 to Frederick County for use by Clearbrook Volunteer Fire and Rescue. STAFF CONCLUSIONS FOR 08/06/08 PLANNING COMMISSION MEETING: The B3 land use proposed in this rezoning is consistent with the Northeast band Use Plan. Many of the impacts associated with this rezoning request have been mitigated by the Applicant. Flowever, careful consideration of the transportation impacts associated with this request and the proffered monetary contribution aimed at mitigating the impacts should occur. Transportation improvements have not been provided that would achieve a level of service C or address the Comprehensive Plan. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequatelV address all concerns raised by the Planning Commission. i-el (Rnv vuliES) NR� �RSN 0. I e 1 I II I �L- iiiiiiuui finiuTiiiiiiii WHIN iiiiniiniiiii iiiiiwniiiii' ioiiaiiioiiiiiii V5. Ri 11 (00' WIVE) GDP z o� IFIt �s oa w wz N� �' I I� w II GDP z �s oa w wz N� �' a wo w Uj vneermwxcE m� O GDP PLANT LIST- ZONING TREES \ KE Q SCIENTIFIC NAME DISTRICT BUFFER COMMON NAME Red M� NOTE: FULL SCREEN 3 TREES FOR EVERY 10' OF TOTAL W hite e 2534'/10 =254 Trees (4 DECIDUOUS: 85 Dec. Trees) PLANT LIST. SI TE L T ANDSCAPING REQUIREMENTS KEY QUAN. SCIENTIFIC NAME COMMON NAME NOTE: 1 OVER 100,000 TREE FOR 26 000 s V f Elm Zelkova 00 sq. t. OF FIRST 100,000 sq. ft. IMPERVIOUS sq. ft. Im p. Area= 333 Trees) + 1 TREE FOR TRE LIST.' ROUTE 11 PROFFER LANDSCAPING KEY QUAN. SCIENTIFIC NC ME CL 20 PS Cu ressoc aris le andii COMMON NAME 23 Pinus strobus Le and C ress ZC 20 Zelkova car inifolia Eastern White Pine SHRUBS Elm Zelkova KEY QUAN. SCIENTIFIC NAME BS 200 Buxus sem ervirens COMMON NAME CA 175 Clethro alnifolia Boxwood JC 150 Jun! erus communis Summersweet Clethro NOTE: 3 TREES FOR EVERY 100'; COMMon 25 SHRUBS ( =21; 21x3 =63 FOR EVERY Trees;21x25 =525 Shrubs) TYPE SIZE TYPE SIZE 1 TREE FOR EACH 5,000 sq. ft. 10 SPACES (150 spaces =15 Tree: TYPE SIZE TYPE SIZE 1 F .._ I sWMB I- I Ij I: �In ml �I I -el (a /w vnales) N�F C FO - -' - - -- .._ rserencN - - -- I i�1TT�1Tll�lllllfllil ^ ifi'i "111'1111 111111 VIII I I I � 1 I I I II I POSSIBLE BUILDING 1.1111, NO 1 I 11 EN I I co" ./I, CAL NO. V0. I Ppw. P CO. yw zasnca I I I � I I I II I I ji I I I I; I oL IR a l GUN � n I�I F L;I I o POSeD IV yy I.I I Emcnnqu J – PXOPoEED iry IFNL NIUBE EN— iMNLE__— 0 DRRS Meeting — June 26, 2008: Introduction: • Request to allow building height to 45' • Display boards to illustrate our request • The height request is typical of what is req developers • Racking — most users utilize racking to organi higher stacking plans (25' to 28') • Clearance for ESFR sprinkler: 3' • Underside of Joist: 32' 3" • Top of Structure: 41' 6" (from finished floor) B2 • by users and product and allow for • Finished Floor Elevation (41' 6 ") vs. Loading Dock Elevation (45' 6 ") • Calculation for total building height @ 32' clear • Average of the four sides of the building: 43' 6" Board A.3 — Exterior Rendering: • Finished Floor Elevation vs. Loading Dock Elevation • Parapet (not included in height calculations) • Example of users: • Solaris Paper in Shenandoah County • PlyGem Industries in Rockingham County • Home Depot in Frederick County Route 11 Perspective: • Distance from Route 11 to building: approximately 300' �, `�_. 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