HomeMy WebLinkAbout09-09 ApplicationFebruary 1, 2010
Sincerely,
Michael T. Ruddy
Deputy Planning Director
Mr. Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONING #09 -09, GRAYSTONE CORPORATION OF VIRGINIA
PINS: 43 -A -158, 44 -A -25 and 44 -A -26
MTR/bhd
Attachment
cc: Graystone Corp. of Virginia, PO Box 2530, Winchester, VA 22604
Charles S. DeHaven, Jr., Stonewall District Supervisor
Gary Oates and Stan Crockett, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney w /Proffer and Resolution
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
Department of Planning and Development
540 /665 -5651
FAX: 540/665 -6395
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of January 27, 2010. The above referenced application was approved to rezone a total of
271.39 acres from RA to M1 (Light Industrial) District with proffers, for Office and Manufacturing
Uses. The properties are located on the north side of Redbud Road (Route 661), the east side of the CSX
Railroad, the west side of Milburn Road (Route 662), and the south side of McCanns Road (Route 838),
in the Stonewall Magisterial District.
The proffer statement, originally dated August 24, 2009, with final revision date of January 25, 2010,
that was approved as a part of this rezoning application is unique to the above referenced properties
and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records. Pursuant to §165.IO2.06E, the County Attorney will present the written proffer to the
Frederick County Clerk of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
REZONING APPLICATION #09 -09
GRAYSTONE CORPORATION OF VIRGINIA
Staff Report for the Board of Supervisors
Prepared: January 19, 2010
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
John Bishop. AICP, Transportation Deputy Planning Director
Reviewed Action
Planning Commission: 11/04/09 Tabled 60 Days
01/06/10 Recommended Approval
Board of Supervisors: 01/27/10 Pending
PROPOSAL: To rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District,
with proffers, for Office and Manufacturing Uses.
LOCATION: The properties are located on the north side of Redbud Road (Route 661). the east side
of the CSX Railroad, the west side of Milburn Road (Route 662), and the south of McCanns Road
(Route 838).
EXECUTIVE SUMMARY PLANNING COMMISSION RECOMENDATION FOR THE
01/27/10 BOARD OF SUPERVISORS MEETING:
The Applicant has provided the Board of Supervisors with an updated Proffer Statement dated January
12, 2010. This Staff report has been updated to reflect this Final Proffer Statement.
The Planning Commission unanimously recommended approval of this rezoning request. The
Commission expressly stated that this recommendation of approval was based upon items that the
Applicant committed to include in the Proffer Statement presented to the Board of Supervisors. The
Applicant's presentation to the Commission included several proposed commitments to changing the
proffer. The modifications to the Proffer Statement address the Planning Commission's expectations.
In addition, the Final Proffer Statement addresses most of the concerns of the County Attorney and is in
the appropriate legal form, subject to addressing the final comments of the County Attorney (see
correspondence). Please note the Staff Report identified several additional concerns and issues which
should be recognized by the Board.
The following are important issues for the Board of Supervisors to evaluate while considering this
Application:
The Route 37 right -of -way dedication is for a limited time frame, in essence containing an eight
year sunset clause. In addition, for the right -of -way dedication to be a reality, this would
necessitate a significant funding obligation within a limited time period on behalf of the County
or State. This may jeopardize the ultimate ability to construct Route 37.
The Redbud Road connection is accommodated but does not get implemented with this
Application. This would have to be completed by others.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 2
No public trail connections are identified or provided. This would be a simple enhancement to
the project at no additional cost to the Applicant.
The potential impact of the intensive use of this property on the surrounding land uses and the
minimal effort to address this through buffering and site design should be acknowledged. The
recommendations of the Historic Resources Advisory Board should be recognized.
Following the public hearing, a decision regarding this rezoning application would be
appropriate. The applicant should be prepared to adequately address all concerns raised by the
Board of Supervisors.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 3
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: 11/04/09
01/06/10
Board of Supervisors: 01/27/10
PROPOSAL: To rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District,
with proffers, for Office and Manufacturing Uses.
LOCATION: The properties are located on the north side of Redbud Road (Route 661), the east side
of the CSX Railroad, the west side of Milburn Road (Route 662), and the south of McCanns Road
(Route 838).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43 -A -158, 44 -A -25 and 44 -A -26
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING PRESENT USE:
North:
South:
East:
West:
RA (Rural Areas)
RA (Rural Areas)
Red Bud Agricultural District
RA (Rural Areas) Use:
Red Bud Agricultural District
R4 (Residential Planned Community)
RA (Rural Areas) Use:
M1 (Light lndustrial)
Action
Tabled 60 Days
Recommended Approval
Pending
Use: Agricultural /Vacant
Use: Agricultural /Residential/Historic
Agricultural
Vacant (Snowden Bridge)
Agricultural/Vacant
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 4
REVIEW EVALUATIONS:
Frederick County Transportation: Please see attached email dated September 25, 2009, from John
Bishop, Deputy Director Transportation. Update for 01/27/2010 Board of Supervisors Meeting is
provided within the Staff Report.
Virginia Dept. of Transportation: Please see attached email from VDOT dated October 6, 2009 and
attached response letter from Greenway Engineering dated October 9, 2009. Final review comment
provided by VDOT on October 20, 2009.
Fire Marshal. Approval for rezoning is contingent upon a second means of emergency access to the
property once construction has begun. Access from Milburn Road and Redbud Road is preferred. Plan
approval recommended.
Public Works Department: 1. Refer to Existing Conditions under Site Suitability. Expand the
discussion to include a reference to the power line which crosses the southern end of the property.
2. Refer to Wetlands under Site Suitability. Include reference locations of all the existing springs within
the proposed development. 3. Refer to Soil Types under Site Suitability. The description of the soil
types should be expanded to include a more thorough description of the site geology. The statement
referencing "minor areas of limestone geology exist on the subject properties" is not correct. In fact, a
majority of the site is underlaid by limestone formations. Developed sinkholes also are present with the
site. In addition, a major thrust fault diagonally bisects this site. It appears that the existing springs are
located in close proximity to this fault. We recommend that detailed geological mapping be performed
and included with the master development plan. The mapping should include, but not be limited to,
approximate locations of limestone and shale formation faults, sinkholes, springs and other pertinent
karst features.
Department of Inspections: No comment required at this time. Shall comment at the time of site
plan review.
Sanitation Authority: A review of our sewer and water systems indicate there should be (I) sufficient
transportation capacity in the sewer lines and treatment capacity at the receiving sewer facility, and (2)
sufficient water line pressure and water supply to serve the parcels for the type of rezoning requested.
Service Authority: No comments.
Winchester Regional Airport: Based on estimated calculation using existing ground elevations in that
area, we do not believe that this rezoning will impact operations of the Winchester Regional Airport;
however, because of the location there is some concern with Section C items 2, 3 and 4 of the proffer
statement regarding the heights of proposed structures. Without knowing the FF elevation we cannot
determine at this time the maximum height allowed to avoid a penetration into the airport's airspace.
That determination would be made upon review of the site plan(s) when submitted. We would request
that the owner be advised that upon review of actual site plan(s), should one or more of the structures
penetrate into the airport's airspace we would request the owner to install FAA approved obstruction
lights which would address any safety concerns.
Rezoning 409 -09 Graystone Corp. of VA
January 19, 2010
Page 5
Frederick County Attorney: Please see attached correspondencefrom Roderick B. Williams, County
Attorney.
Historic Resources Advisory Board (HRAB): The HRAB met on October 20, 2009. Their comments
are provided in attached letter dated October 21, 2009.
Planning Department: Please see attached Memorandum dared October 2, 2009 from Michael T.
Ruddy, AICP. Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identities the
subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were combined to form the RA (Rural Areas) District upon adoption of an amendment
to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re- mapping of the subject properties and all other A -1 and A -2 zoned
land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use.
The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide
guidance on the future development of the property. The property is located within the UDA
and SWSA. In general, the proposed M1 land use is not clearly supported by the
Comprehensive Plan.
The Northeast Frederick Land Use Plan recommends that the land use for this property is
predominantly Planned Unit Development with large areas of identified DSA (Developmentally
Sensitive Area). The Applicant made efforts at the Planning Commission to demonstrate how
the MI land use designation is consistent with the land use plan. The MI designation by
itself in this one location is generally inconsistent with the Plan. However, when the property
is considered in connection with the surrounding properties and the broader Planned Unit
Development designation of the Plan_,it may clearly be considered more consistent with the
Comprehensive Plan.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 6
The Planned Unit Development Concept seeks to create new neighborhoods with an appropriate
balance between residential, employment, and service uses. Areas used for commercial and
industrial land uses shall not exceed 50% of the gross area of the planned community.
Sufficient commercial and industrial areas shall be provided to meet the needs of the planned
community, to provide an appropriate balance of uses and to lessen the overall impact of the
planned community on Frederick County.
The proposed M1 (Light Industrial) designation is intended to provide for a variety of light
manufacturing, commercial office and heavy commercial uses in well planned industrial
settings. Uses are allowed which do not create noise smoke, dust or other hazards. Uses are
allowed which do not adversely affect nearby residential or business areas. Such industrial areas
shall be provided with safe and sufficient access.
In general, the Northeast Frederick Land Use Plan was designed to provide for a balance of land
uses which includes industrial and commercial growth along the major road and railroad
corridors, the introduction of a planned unit development (PUD) land use, and the preservation
of rural areas and significant historic features within the study area boundaries. Future land uses
within the study area boundary should be sensitive to existing and planned land uses.
Identified Developmentally Sensitive Areas (DSA's)
The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service,
identifies a portion of the Graystone rezoning site as being within the Second Winchester Study
Area and a large portion of parcel 44 -A -25 is within the Core Battlefield. This core area is part
of Stephenson's Depot (Second Winchester Phase 9). The core area of the Second Winchester
Battlefield (Stephenson's Depot) on this site is shown as having retained much of its historic
integrity according to the Study of Civil War Sites in the Shenandoah Valley. Portions of the
site are also within the study area of the Third Battle of Winchester (Opequon) and adjacent to
its core. Portions of this site are designated as Development- Sensitive Area in the Northeast
Land Use Plan of the Frederick County Comprehensive Policy Plan. See the attached maps for
further information.
The Rural Landmarks Survey Report for Frederick County, Virginia, identifies seven
structures /sites within the immediate area of the subject site; one structure was located on -site.
The sites that are listed in the survey are:
1. Carter- Hardesty House (#34-112)— was located on site but burned and was demolished
2. Byers House #34 -1124)
3. Godfries Semples House #34 -135)
4. Helm- McCann Property #34 -703)
5. Rutherford's Farm #34 -727) site consists of historical markers and foundations
6. McCann, Thomas House #34 -729)
7. Milburn Chapel Cemetery #34 -950)
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 7
Red Bud Agricultural and Forestal District
The Frederick County Board of Supervisors established the Red Bud Agricultural Forestal
District, consisting of 879.98 acres in the Stonewall Magisterial District, on May l 2006.
Several properties located to the east of this project, directly across Milburn Road, and
properties to the south, directly across Red Bud Road, which also contain significant historic
resources, are included within the Red Bud Agricultural and Forestal District. The Red Bud
Agricultural Forestal District was created to contribute to the conservation and preservation
of agricultural and forestal land in Frederick County.
Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right -of -ways
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7 -206).
The Comprehensive Plan calls for a number of significant roadway improvements which impact
this property. Number one among those improvements is the Route 37 corridor and
interchange. The Route 37 corridor has long been a planned arterial roadway connecting the
eastern part of the County, and extreme care should be taken not to undermine this goal. In
addition, the Comprehensive Plan calls for a public roadway connection between Snowden
Bridge Boulevard and Redbud Road. Per the plan, this will allow the 1 -81 northbound exit ramp
to Route 11 to be relocated which will improve traffic safety and flow on Route 11. Snowden
Bridge Boulevard is a proffered major collector road improvement that implements the
County's Eastern Road Plan.
Site Access and design.
The most recent proffers for this site indicate three entrances to Snowden Bridge, and allows
that one will move. As this application moves forward due diligence will need to be given to
make sure that no proposed entrances negatively impact the future implementation or
functionality of Route 37.
3) Site Suitability /Environment
This property contains areas of Green Infrastructure elements and features including; areas of
wetlands, areas of karst topography, and Developmentally Sensitive Areas. Such features could
be incorporated into the project to a greater extent than is presently provided, in particular at the
properties perimeter. Low Impact Design methods could be implemented throughout the
development of this site, as could the use of LEED (or equivalent) land development and
building design standards.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 8
It has been recommended that additional commitments are evaluated and made to adequately
address the potential impacts on the historic and natural resources, both on the site and adjacent
to the site. This could be done in coordination with adjacent stakeholders. Collaboration, now or
in the future, with adjacent historical stakeholders would appear to be appropriate and beneficial
to the project. The HRAB would be an important resource to help facilitate this collaboration.
It is suggested that the Applicant is proactive in this regard. Please refer to the comments
provided by the HRAB in this regard.
The potential exists to further promote the use of the existing adjacent roads for historical
recreational open space corridors as previously recognized. As part of this effort, it is suggested
that the buffers adjacent to Battlefield preservation properties, easements, and historical
corridors should be tailored, potentially in conjunction with historical stakeholders and the
Virginia Department of Forestry. As an example, the adjacent development proposed creating
naturally vegetated or natively planted buffer areas, even proposing re- vegetation at a specific
rate of trees per acre. Such an approach would appear to be effective with this project.
It would appear to be necessary for the Applicant, through the proffer statement, to provide
some guidance as to the phases of site development and constructability of the site to ensure
that any potential impacts to adjacent properties, environmental resources, and historical
resources are mitigated or, more importantly, avoided.
4) Potential Impacts
A. Transportation
Applicant's Transportation Program
To offset the transportation impacts of this 271.39 acre RA to MI rezoning, this
applicant has offered a number of transportation proffers. The proffers of this
application provide partial right -of -way dedication for Route 37 and an interchange on
their property, advance the implementation of Snowden Bridge Boulevard ahead of the
previous Snowden Bridge Proffer for this improvement, limit the number of entrances
onto Snowden Bridge, limit access to Redbud Road and Milburn Road to emergency
access, eliminate any access to McCann Lane, provide inter -parcel access, and note that
the applicant will apply for public assistance mechanisms in implementing the proffers.
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 1,749,000
square feet of office and 570,000 square feet of manufacturing. This amount provides
the basis for the Traffic Impact Analysis. It should be recognized that the Applicant's
proffer statement presently provides no limitations on the amount of M1 (Light
Industrial) development that could occur on the property. This could potentially
increase the impacts beyond those identified in the TIA.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 9
B. Design Standards
The TIA indicates that this application will degrade the level of service at a number of
intersections (see included fold out graphic of TIA results). Please note that these
degradations occur even though staff and VDOT worked diligently with the applicant
to base traffic generation off of real world projects such as Fort Collier Industrial Park
and the Avion Office Park in Chantilly. Further, the TIA takes credit for the relocation
of Redbud Road to an intersection with Snowden Bridge. The County and VDOT
allowed the TIA to be scoped this way due to the applicant's willingness to work with
the County and VDOT if this connection was desired.
Construction and site development.
The potential exists for the site development and construction of the project to be
impactful to the surrounding community and land uses. The Applicant should be
proactive in ensuring that any potential impacts to adjacent properties and historical
resources are mitigated or, more importantly, avoided. Efforts to achieve this in the
planning stages are appropriate given the scale and location of this project.
The Applicant has proffered to establish requirements for outdoor green areas and /or
outdoor plaza areas. However, the amount of, and timing of, the development of the
proposed outdoor green areas and plazas has not been defined.
The Applicant has proffered to establish internal asphalt trails a minimum of eight feet
in width. The minimum expectation for the width of any trail is ten feet. In conjunction
with Mr. Bishop's comments, the location of the internal trail system should be
addressed further to ensure it provides connectivity with adjacent land uses and
historical elements, and at a minimum to the previously proffered trail system that is
part of Snowden Bridge Boulevard. The GDP could be used to a greater extent to
identify this. The connectivity of the trail system goes beyond that of just this project.
The Applicant has proffered to establish a 100 feet green space buffer area along the
northern boundary of the property. In addition, the Applicant has proffered to provide
for evergreen landscaping along the Redbud Road frontage of an adjacent property
owned by the Shenandoah Valley Battlefields Foundation. This buffer is undefined and
is conditioned upon the approval and furnishing ofa landscape easement by the adjacent
property owner. This constitutes the extent of the Application's effort to address the
unique historic resources of the immediate area and surrounding properties. The
comments offered by the HRAB support the clear expectations of the Comprehensive
Plan in this regard. Please refer to the recommendations of the HRAB for additional
guidance.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 10
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However,
it is recognized that commercial and industrial uses generally provide a positive impact
on community facilities through the additional generation of tax revenue. This
application makes an effort to address the impacts to Fire and Rescue services by
providing a monetary contribution in an amount of $0.05 per square foot of developed
commercial structural area. Please recognize that this is generally less of a monetary
contribution per square foot than proffered on more recent rezoning requests.
5) Proffer Statement Dated August 24, 2009 with latest revision January 12, 2010
A) Generalized Development Plan
The Applicant has proffered a GDP for the property which would guide the
development of the property. This GDP is very general and provides a minimal amount
of detail, but does identify the general location of the future Route 37 corridor study
area and future Snowden Bridge Boulevard and their associated interchange and
intersections. Two specific locations of green space buffer areas have been identified;
one on -site adjacent to McCanns Road, and one off -site on property owned by the
Shenandoah Valley Battlefields Foundation. At this time there, the SVBFis aware of
this proffer. However, they are not in agreement with it.
B) Land Use
The Applicant has requested the MI (Light Industrial) Zoning District classification.
No additional restrictions on land use have been made. Please note that the most
intensive use of the property could exceed the amount of office and manufacturing land
use square footage modeled in the TIA.
C) Site Design
The Applicant has proffered to establish requirements for outdoor green areas and/or
outdoor plaza areas. It would be preferable for the Applicant to further define the
amount of, and timing of, the development of the proposed outdoor green areas and
plazas.
The Applicant has proffered to establish internal asphalt trails a minimum of eight feet
in width. The location of the internal trail system should be addressed further to
ensure it provides connectivity with adjacent land uses and historical elements, and at
a minimum to the previously proffered trail system that is part of Snowden Bridge
Boulevard. The GDP could be used to a greater extent to identify this. The
connectivity of the trail system goes beyond that of just this project. In addition, the
minimum expectation for the width of any trail is ten feet. Finally, this trail system
should be open to the public and not private as currently proffered
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 11
D) Transportation
The Applicant has proffered to establish a 100 feet green space buffer area along the
northern boundary of the property. In addition, the Applicant has proffered to provide
for evergreen landscaping along the Redbud Road frontage of an adjacent property
owned by the Shenandoah Valley Battlefields Foundation. This buffer is undefined and
is conditioned upon the approval and furnishing of a landscape easement by the
adjacent property owner. This constitutes the extent of the Applications effort to
address the unique historic resources of the immediate area and surrounding properties.
It is recognized that in some locations a zoning district buffer would be required.
However, it has been recommended that the proffered buffering and landscaping should
propose buffering and landscaping that would exceed the minimum expectation of the
Ordinance. In addition, given the historical character of the surrounding land uses, there
is an expectation ofa more significant effort with regards to buffering and landscaping.
This is a clear expectation of the Comprehensive Plan. Please refer to the
recommendations of the HRAB for additional guidance.
The HRAB expressed concern about the potential impacts of structures greater than
sixty feet in height. It should be recognized that the MI district would allow height
exceptions above the district height limit of up to one hundred feet for certain
structures.
Route 37 Dedication (Proffers DI, 02, D3)
The applicant has proffered to dedicate a minimum of 225 feet and up w 350 feet of
right of way for the corridor and enough right -of -way for a diamond interchange 800
feet in width. In order to obtain the correct amount of right of way the County and
VDOT have 8 years to reach a design decision on the roadway.
Staff would note that this proffer was updated from its previous form which
required full design approval. This new proffer allows that only the amount
of design needed to gain certain design approvals which impact right of way
width will be required. Staff would note that members of the Planning
Commission felt the cost of this design should be funded by the applicant.
This would allow the project to occur quickly and the Route 37 improvement
to be implemented.
The Route 37 right -of -way dedication is for a limited time frame, in essence
containing an eight year sunset clause. In addition, for the right -of -way
dedication to be a reality' this would necessitate a significant funding
obligation within a limited time period on behalf of the County or State. This
may jeopardize the ultimate ability to construct Route 37.
Redbud Road Relocation
The applicant has proffered right of way for a connection between Redbud Road and
Snowden Bridge Blvd.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 12
This connection will allow for the relocation of the Northbound 1 -81 to Route
11 ramp when funding becomes available. That improvement will have a
significant positive impact on Route 11 traffic function. The Redbud Road
connection is accommodated but does not get implemented with this
Application. This would have to be completed by others. At a minimum, this
proposed relocation should enable an inter parcel connection to the adjacent
properties to the east.
The County Attorney identified that Proffer D13 contains language allowing
the future right -of -way to be located within a buffer and that this is in conflict
with current ordinance requirements.
Trail System
The applicant has not proffered any public trail connections.
Staff would note that the Snowden Bridge Development, Rutherford Shopping
Center, and the Battlefield Property all have either proffered or implemented
bicycle and pedestrian improvements. This property sits in the middle of all
these uses and is the final piece needed to create the County's first
interconnected trail system which would link the areas where County
residents live, work, shop, and recreate. The applicant has noted security
concerns of potential tenants. Staff would note that bikers and walkers using
a trail system that parallels the roadway pose less of a threat than the vehicles.
No public trail connections are identified or provided This would be a simple
enhancement to the project at no additional cost to the Applicant.
E) Community Facilities
This application makes an effort to address the impacts to Fire and Rescue services by
proffering a monetary contribution in an amount of $0.05 per square foot of developed
commercial structural area. Please recognize that this is generally less of a monetary
contribution per square foot than proffered on more recent rezoning requests. 1n
addition, the trigger for this contribution is prior to the issuance of a Certificate of
Occupancy. This should be changed to reflect the appropriate timing, which is prior
to the issuance of a building permit.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 13
STAFF CONCLUSIONS FOR THE 11/04/09 PLANNING COMMISSION MEETING:
The Graystone rezoning application is generally inconsistent with the land use designation of the
Northeastern Frederick Land Use Plan, an element of the Comprehensive Plan, and does not address
additional goals of the Comprehensive Plan as described in the staff report. The Applicant has not yet
demonstrated how the MI land use designation is consistent with the land use plan. In addition,
elements of the rezoning application have been identified in the staff report that should be carefully
evaluated to ensure they fully address specific components of the Plan. More specifically, the Planning
Commission should ensure that the impacts associated with this rezoning request have been fully
addressed by the applicant. The Planning Commission should pay particular attention to the following
concerns.
1) The potential impacts associated with more intensive use of properties.
2) The transportation impacts associated with this request, including the impacts to the planning
and construction of future Route 37.
3) The recommendations of the Historic Resources Advisory Board, particularly regarding
Archeological Resource Surveys, impacts to historical resources and DSA's, and view shed
mitigation through natural and enhanced buffering and screening.
4) The problematic language contained within the Proffer Statement regarding expansion of uses in
the District and associated design standards; as further iterated by Mr. Rod Williams, Frederick
County Attorney, in his review letter of the final proffers dated October 16, 2009.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/04/09 MEETING:
VDOT's representative, Mr. Lloyd Ingram, responded to questions from the Commission regarding the
transportation system's ability to accommodate this development, along with adjacent residential and
background traffic. Mr. Ingram said until Route 37 is connected to I -81, the LOS for the transportation
system will continue to deteriorate, depending on the timing and the rate of construction; he said Route
11 will be challenged. Mr. Ingram was not aware of anything offered with the rezoning application to
enhance the maneuverability and flow of traffic on Route 11. He said Route 37, closing Redbud Road,
and re- aligning the off -ramp would be the key to transportation in this entire northern section. With
regard to the proffered 225 feet, Mr. Ingram stated that on Route 37 northbound, where it ties into Route
50, an elevated roadway is planned; he said the flyover from one side to the other is about 340 feet. If
CD lanes are placed, VDOT will need a minimum of 350 feet.
During the public comment portion of the public hearing, the Executive Director of the Shenandoah
Valley Battlefields Foundation (SVBF), W. Denman Zirkle, provided comments on behalf of the SVBF
and presented a letter, dated November 3, 2009. Mr. Zirkle said the applicant's proposed building
heights present a concern because more than 570 acres of preserved land lie immediately to the south of
the subject property. Much of this landscape appears as it did to residents and soldiers at the time of the
Second and Third Battles of Winchester and the land retains its historic, agricultural character with very
few modern visual intrusions. He said the proposed 90 -foot office buildings and a 70 -foot parking
garage will dramatically change the historic character of the landscape that so many have invested in
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 14
and worked diligently to preserve. The final concern raised by Mr. Zirkle was the applicant's proposal
to place landscaping buffer on SVBF land; he said it would not be permissible for SVBF to convey
interest in their land to a third party through easement.
The applicant's representative, Mr. Evan Wyatt with Greenway Engineering, addressed issues raised by
the staff and reviewing agencies. Regarding conformity to the Comprehensive Policy Plan, Mr. Wyatt
stated that the office and industrial park proposed by Graystone would provide employment
opportunities for the Stephenson Village /Snowden Bridge projects. He noted that the project's major
intersection, Snowden Bridge Boulevard and Route 11, functions at a LOS "D," which has previously
been viewed as acceptable for economic development projects. Other intersections showing
deficiencies are along Route 11, at the Welltown Road intersection, at the northbound off -ramp with I-
81, and at the intersection of Old Charlestown Road. He said these intersections, showing deficiencies
of "E" and "F" in the LOS, are in the same place with background traffic as they are for this
development. Mr. Wyatt said the applicant is willing to assist in improving the LOS at these locations.
When questioned about the possibility of the County losing the reserved Route 37 right -of -way after
eight years, Mr. Wyatt said that once the eight -year time line expires, the applicant will either dedicate
225 feet of right -of -way or the applicant can continue the time line, if there is no need to worry about
land use in that area. Considering comments from the HRAB, Mr. Wyatt said they will meet all
requirements of the zoning ordinance. Mr. Wyatt said the applicant agrees to eliminate the increased
FARs and taller building heights and would amend the proffer before it goes to the Board of
Supervisors. Regarding the buffer on SVBF property, Mr. Wyatt stated the applicant was not interested
in acquiring SVBF land, but merely requesting permission to do landscaping on SVBF property because
the ordinance does not require buffering between the applicant's site and the SVBF's property.
A number of issues were raised and discussed by the Commission. The difference in the right -of -way
width dedicated by the applicant for the Route 37 corridor, 225 feet, and the amount officially adopted
by the Board of Supervisors and recommended by VDOT, 350 feet. The difference in width would
present a significant cost to the taxpayers to purchase the additional right -of -way. The eight -year time
frame designated by the applicant for the Route 37 right -of -way reservation was a concern. There were
questions about why the time line couldn't be extended to 15 years, since the applicant's speculation for
build -out was 30 -plus years. Any dedication of right -of -way less than 350 feet was considered
unrealistic. considering topography and engineering. There were no restrictions or limitations placed on
the M1 uses, especially from the standpoint of transportation, land use, and visual impacts on the
surrounding community. There was no phasing plan. Transportation impacts were anticipated to be
experienced along Routes 7, 11, 522, and 1 -81. There was an expectation for the connection at Redbud
and the off -ramp to Snowden Bridge Boulevard, considering the applicant had property spanning this
entire distance; a right -of -way reservation area was suggested or a layout design for an internal road that
would eventually become public.
Some of the Commissioners were supportive of the M1 Zoning, but believed there were still many
issues that needed to be addressed by the applicant. In addition, proffers that were verbally revised by
the applicant needed to be reviewed by the staff, the County Attorney, and the Commission in their final
form. The Planning Commission unanimously tabled the rezoning for 60 days to provide enough time
for the applicant to make revisions and address issues raised.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 15
(Note: Commissioner Ruckman was absent from the meeting; Commissioner Oates abstained.)
PLANNING COMMISSION SUMMARY AND ACTION OF THE 01 /06/10 MEETING:
During the discussion, Commission members strongly urged the applicant to provide the design
documents for the Route 37 corridor in order to move the project forward; they believed a conceptual
level of design may be sufficient for VDOT to take to the FHA for an exception for the interchange.
This would eliminate the eight -year sunset clause, the County would have the land needed to construct
Route 37, and the applicant would know the amount of width needed and could move his project
forward. Commissioners asked if VDOT or staff could estimate the cost to produce this level of design.
VDOT representative, Mr. Lloyd Ingram, stated that possibly within five years VDOT could have 30%
design plans which would identify the right -of -way needs; he estimated the cost to be approximately
$650,000, depending on how far the preliminary design needed to be extended. VDOT was willing to
work with whomever the developer chose as an engineering firm to move this forward as quickly as
possible. However, Mr. Ingram also expressed concerns regarding future budget issues. which may
affect VDOT's ability to participate in projects.
During the public comment portion of the meeting, the Executive Director of the Shenandoah Valley
Battlefields Foundation (SVBF), W. Denman Zirkle, came forward to reiterate comments he made at
the Commission's November 4, 2009, meeting. Mr. Zirkle believed the rezoning proposal was
inconsistent with the Comprehensive Policy Plan: the impacts from the intensive use of the property
would be detrimental to the rural and historic character of the neighborhood, the battlefields, and the
Milburn Road transportation corridor; and the monetary investments made towards the preservation of
the battlefields and surrounding landscape would be degraded.
The applicant's representative, Mr. Evan A. Wyatt with Greenway Engineering, addressed the issue of
compliance with the Comprehensive Policy Plan, noting the project would provide a major commercial
and service component offering employment opportunities. Regarding the historic resources
component, the applicant had eliminated additional square footages, FARs, and building heights from
the proffer statement. The applicant stated that the County's Development Impact Model run for this
project indicated a $40 million cash positive, making this a significant economic development project
for the County. Mr. Wyatt stressed the importance of direct access to Route 37 and the applicant's
desire to work in a partnership effort to make sure the right -of -way needed is available; therefore, the
applicant made a commitment to the 350 feet of right -of -way needed for the main line, and the 800 -foot
wide area for the interchange within the existing proffer statement. Mr. Wyatt believed that if the
partnership proceeds well, and if there is an innovative way to get the design money, an eight -year
window to accomplish the design should be manageable. Regarding the Route 11 corridor, the
applicant offered the dedication of a 60 -foot right -of -way, meeting state road design requirements,
within 90 days of a written request, which would allow for a connecting street between Redbud and
Snowden Ridge Boulevard.
Rezoning #09 -09 Graystone Corp. of VA
January 19, 2010
Page 16
Deputy Planning Director, Michael T. Ruddy, provided clarification to the Commission that the proffer
statement presented to the Commission did not yet include those items the applicant proposed as
changes in mitigation of the transportation impacts.
The Planning Commission believed this was a good project, which fit well within the PUD designation
of the Comprehensive Policy Plan, and met the need for industrial land in this area. However, they did
not want to have the costs associated with the acquisition of right -of -way or the construction of the
Route 37 corridor transferred to County taxpayers. Members of the Commission believed that eight
years should be sufficient to accomplish a corridor design for Route 37 and to make a decision on the
corridor width needed. A motion was made, seconded, and unanimously passed to recommend
approval of the rezoning application with the applicant's revised proffer including the anticipated
transportation improvements. The Commission stated that this recommendation was based on the
expectation that the applicant's proffer statement will be revised to include those transportation impact
mitigation items identified by the applicant in their presentation to the Planning Commission and that
the complete revised proffer be presented to the Board of Supervisors prior to the Board's
consideration.
(Note: Commissioner Oates abstained; Commissioner Triplett was absent from the meeting.)
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REZ 09 09 CURRENT ZONING
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Map Document (f:V_1 Locator_ Mps1 2009iREZ0909_Graystone_Corp_ Virginra_1 10/15/2009 1t
Name: Evan Wyatt
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Engineering Telephone: (540) 662 -4185
Address: 151 Windy Hill Lane Winchester, VA 22602
2. Property Owner (if different from above)
Name: Graystone Corporation of Virginia Telephone: (540) 665 -3212
Address: P.O. Box 2530 Winchester, VA 22604
3. Contact person if other than above
4. Checklist: Check the following items that have been included with this
application.
Location map
Plat
Deed to Property
Verification of taxes paid
Telephone: (540) 662 -4185
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
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:
J. Donald Shockey
John P. Good Jr.
6. A) Current Use of the Property: Agricultural, Residential Unimproved
B) Proposed Use of the Property: Office Industrial Park
7. Adjoining Property: Please refer to attached Adjoining Property Map
Property Owner Information Table
PARCEL ID NUMBER
USE
ZONING
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
North side of Redbud Road (Route 661); East side of CSX Railroad; West side of
Milburn Road (Route 662); and south side of McCanns Road (Route 838).
Acres
Current Zoning
Zoning Requested
271.39±
RA District
MI, Light Industrial District
271.39±
Total Acreage to be rezoned
Office:
Retail:
Restaurant:
Single Family homes:
Non Residential Lots:
Districts
1,749,000
Number of Units Proposed
Square Footage of Proposed Uses
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification /Location: Parcel Identification Number 43 -((A)) -158, 44-
((A))-25 and 44- ((A)) -26
Magisterial: Stonewall High School: James Wood High
Fire Service: Clear Brook Middle School: James Wood Middle
Rescue Service: Clear Brook Elementary School: Stonewall Elem.
10. Zoning Change: List the acreage included in each new zoning category
being requested.
11. The following information should be provided according to the type of
rezoning proposed:
Townhome: Multi Family
Mobile Home: Hotel Rooms:
Service Station:
Manufacturing: 570,000
Warehouse:
The square footage of proposed land uses is consistent with the Applicant's Traffic
Impact Analysis; however, the square footage land use mix is not a proffered
condition.
Signature:
1 (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. 1 (we) authorize Frederick County
officials to enter the property for site inspection purposes.
1 (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right -of -way until the hearing.
1 (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s):
Owner (s):
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155 A 3
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54 A 88
144 A 31A
44 A 40
441 A 28H
44 A 28C
44 A 28G
144 A 28B
]44 A 27
43 A 159A
44 8 6
14.3 A 159
43 A 156
43 A 157
143 A 155 I
43 A 153
43 A 154
143 A 152
43 A 147
43 A 151
43 A 140
43 A 146
]Tax Map Number
E HUNTSBERRY HEIRS LLC
BIG 0 PARTNERSHIP
ASSOCIATION FOR THE PRESERVATION
STEPHENSON ASSOCIATES LC
SLAUGHTER JUDITH MCCANN
[[OLLIDAY MARTHA OMPS
BODEN ROBERT R. JR. MARSHA
JOBE ALLEN B. VELDA D.
NGER KENNETH R.
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KIRBY JANICE MARIE
CRIDER SHOCKEY INC OF WVA
R B J L AND DEVELOPMENT LLC
J J J A ASSOCIATES
MCBRIDE RUTH B
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SHENANDOAH VALLEY BATTLEFIELDS
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NORTH STEPHENSON INC.
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WEBER MICHAEL 5.
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1PO BOX 2298'
1800 MARTINSBURG PIKE
305 CHARLOTTE ST
PO BOX 2530
562 MILBURN RD
1130 MARQUIS CT
210 MILBURN RD
230 MILBURN RD
1288 MILBURN RD
1333 WOOD AVE
541 REDBUD RD
PO BOX 2530
11631 REDBUD RD
8700 ASHWOOD DR
506 REDBUD RD
PO BOX 174
PO BOX 897
11800 MARTINSBURG PIKE
1800 MARTINSBURG PIKE
1800 MARTINSBURG PIKE
937 MARTINSBURG PIKE
1800 MARTINSBURG PIKE
[Mailing Address
'WINCHESTER VA
WINCHESTER VA
FREDERICKSBURG VA
WINCHESTER VA
WINCHESTER VA
]WINCHESTER VA
WINCHESTER VA
WINCHESTER VA
]WINCHESTER VA
(WINCHESTER VA
WINCHESTER VA
WINCHESTER VA
[WINCHESTER VA
CAPITOL HEIGHTS MD
WINCHESTER VA
CLEAR BROOK VA
NEW MARKET VA
'WINCHESTER VA I
WINCHESTER VA
WINCHESTER VA
WINCHESTER VA
WINCHESTER VA
ISE
22604
22603
22401
22604
22603
122603
122603.
22603
122603
226011
226041
226041
1226031
1 207431
226031
1226241
0
22844
1226031
22603
22603
22601
22603
ZIP
86.01
1.46
181.03
406.54
98.05
5.55
4.3
5
1 25
23
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51
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I 1
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35.31
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$4,200.001
100 1
$147,800.00
$157,400_00
100 1
$1,500.00
$0.00
$0.00
$0.00
$137.400.001
1,20 0.00 1
$5,000.00
$44,100.00
55,400.00]
$1,500.00]
80.00
$487,300.00
$371,700.001
50.00
]Improvements 1
1 $316,700.00
OOOOS'9S8'Z$
00
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1 $83,100.00
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1 $226,400.00
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I $84,300.001
1 562,900.001
$51,600.00
$51,000.00
1
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$72,900.00
1 $1.252,300.00
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1 $339,900.00
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$196,000.00
00
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1 $221,700.00
1 $64,100.00
100001'96$
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1 556,400.001
$0.00
$550,800.00
1 51,328,700.001
572,900.00
$1,739,600.00
00 "00['49$
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Total Assessment
7901
849.
9071
494
489
4601
548
515
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668
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[Deed Book 1
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173
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51'
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1 738
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01
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1 2591
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229
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2003
2001
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1 17342
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0
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Inst Number
]86.01 ACRES
GRUBER LB
181.03 ACRES
406.54 ACRES
98.05 ACRES
]5.55 ACRES
4.30 ACRES
5 ACRES
125.00 ACRES
60.00 ACRES
23.00 ACRES
MILBURN SUBDIVISION
MILBURN SUBDIVISION
15.00 ACRES
12.00 ACRES
1.25 ACRES
1.10 ACRES
11.00 ACRE
1 36.27 ACRES
137.92 ACRES
8.83 ACRES
35.78 ACRES
35.31 ACRES
3.07 ACRES
[Legal Description 1 1
1.46 ACRES
LOT 6 5.00 ACRES
LOT 75.00 ACRES
]Legal Description 2 1
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Source: Frederick County GIS, May 2009
X: les \2760GC Planning \2009 Rezoning \GDP Exhibit \2760GC REZONE• .dwg, 10/7/2009 3:36:49 PM, EHolzworth
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GRAYSTONE CORPORATION PROPERTY
AERIAL OVERVIEW
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: 10 -1 -2009 (PROJECT ID: 2760GCIDESIGNED BY: DWE
iCALE: 1 Inch equals 900 Feet
GRAYSTONE CORPORATION PROPERTY
REZONING
AERIAL OVERVIEW
£1lgiueelx
Snnrveyors
GREENWAY ENGINEER!'
151 Vitruiy 11111 Tore
Vinchdtter. Vlrgin n 22602
Telephone G40 ,&82 418G
PAX 540 7•,2 -0528
wow groan rn ynng, cam
GRAYSTONE CORPORATION PROPERTY
PROJECT \D:2760
GRAYSTONE CORPORATION PROPERTY
REZONING
ADJOINING PROPERTIES MAP
ADJOINING PROPERTIES MAP
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DESIGNED BY OWE
DgE,1D- 1 -2 DD 9
SCALE:1 Inch equals 700 Feet
Engineers
Surveyors
151 Windy Hill Lane
Winchester. Virginia 224102
Telephone 640 -662 -4186
VAX 540 722 -9528
w -et greenxeyeng,eem
GREENWAY ENGINEERI
Mike Ruddy
From: Mike Ruddy
Sent: Monday, December 28, 2009 11:33 AM
To: 'Mike Ruddy'
Subject: Graystone Corporation Rezoning Application RZ09 -09
Attachments: Graystone Staff Report PC.pdf; Graystone Exec Summary PC.pdf
Dear-Planning-Commission Members,_______
Please find attached a copy of the Staff Report for the Graystone project. The agenda that was mailed to you during the
Holidays did not contain the correct version of the Staff Report. Please insert this correct version in your notebooks. A
hard copy of the Executive Summary of the report is also being mailed to you. I apologize for any inconvenience this may
have caused.
I hope you all continue to enjoy the Holiday season.
Thanks.
Mike.
Michael T. Ruddy, AICP
Deputy Planning Director
Frederick County Planning Development
107 N. Kent Street
Winchester, VA 22601
(540) 665-5651
(540) 665-6395 fax.
m ruddy(c)co.frederick. va. us
1
Planning Commission:
Board of Supervisors:
Reviewed
11/04/09
01/06/10
01/27/10
REZONING APPLICATION #09 -09
GRAYSTONE CORPORATION OF VIRGINIA
Staff Report for the Planning Commission
Prepared: December 21, 2009 (Modified December 28, 2009)
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
John Bishop,, AICP, Transportation Deputy Planning Director
Action
Tabled 60 Days
Pending
Pending
PROPOSAL: To rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District,
with proffers, for Office and. Manufacturing Uses.
LOCATION: The properties are located on the north side of Redbud Road (Route 661), the east side
of the CSX Railroad, the west side of Milburn Road (Route 662), and the south of McCanns Road
(Route 838).
PLANNING COMMISSION UPDATE FOR 01 /06/10 MEETING:
The Applicant has provided the Planning Commission with a revised Proffer Statement dated
November 17, 2009. The modifications to the Proffer Statement address the concerns of the County
Attorney and are in the appropriate legal form. Specifically, the Applicant has addressed the improper
expansion of permitted land uses within the M1 District and the expansion of the dimensional
requirements by removing both of them from the Proffer Statement. The Applicant has made several
other minor modifications to the Statement in clarification of specific points.
However, the Applicant has made no substantial modifications to the Proffer Statement to address the
concerns identified during the Planning Commission or in the staff report. Most significantly, the
Applicant has made no changes to the transportation proffers that would address the transportation
impacts of this request. The Applicant's presentation to the Commission included several proposed
commitments to changing the proffer. Not all of these commitments have been included in the latest
Proffer Statement.
EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 01/06/10 PLANNING
COMMISSION MEETING:
The Graystone rezoning application is generally inconsistent with the land use designation of the
Northeastern Frederick Land Use Plan, an element of the Comprehensive Plan, and does not address
additional goals of the Comprehensive Plan as described in the staff report. The Applicant has not yet
demonstrated how the M1 land use designation is consistent with the land use plan. In addition,
elements of the rezoning application have been identified in the staff report that should be carefully
evaluated to ensure they fully address specific components of the Plan. More specifically, the Planning
Commission should ensure that the impacts associated with this rezoning request have been fully
addressed by the applicant. The Planning Commission should pay particular attention to the following
concerns:
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 2
The potential impacts associated with more intensive use of properties.
2) The transportation impacts associated with this request, including the impacts to the planning
and construction of future Route 37.
3) The recommendations of the Historic Resources Advisory Board, particularly regarding
Archeological Resource Surveys, impacts to historical resources and DSA's, and view shed
mitigation through natural and enhanced buffering and screening.
County Attorney, in his review letter of the final proffers dated October 16, 1 009. Addressed in
11/17/09 Proffer Statement.
The required public hearing was held on November 4, 2009. A recommendation regarding this
rezoning application to the Board of Supervisors would be appropriate. The applicant should be
prepared to adequately address all concerns raised by the Planting Commission.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 3
This report is prepared by the Frederick County Planning` Staff to provide information to the
—Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 11/04/09 Tabled 60 Days
01/06/10 Pending
Board of Supervisors: 01/27/10 Pending
PROPOSAL: To rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District,
with proffers, for Office and Manufacturing Uses.
LOCATION: The properties are located on the north side of Redbud Road (Route 661), the east side
of the CSX Railroad, the west side of Milburn Road (Route 662), and the south of McCarms Road
(Route 838).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43 -A -158, 44 -A -25 and 44 -A -26
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Vacant
South: RA (Rural Areas) Use: Agricultural /Residential /Historic
Red Bud Agricultural District
East: RA (Rural Areas) Use: Agricultural
Red Bud Agricultural District
R4 (Residential Planned Community) Vacant (Snowden Bridge)
West: RA (Rural Areas) Use:
M1 (Light Industrial)
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 4
REVIEW EVALUATIONS:
Frederick County Transportation: Please see attached email dated September 25, 2009, from John
Bishop, Deputy Director Transportation.
Virginia Dept. of Transportation: Please see attached from VDOT dated October 6, 2009 and
attached response letter from Greenway Engineering dated October 9, 2009. Final review comment
provided by VDOT on October20, 2009.
Fire Marshal: Approval for rezoning is contingent upon a second means of emergency access to the
property once construction has begun. Access from Milburn Road and Redbud Road is preferred. Plan
approval recommended.
Public Works Department: 1. Refer to Existing Conditions under Site Suitability. Expand the
discussion to include a reference to the power line which crosses the southern end of the property.
2. Refer to Wetlands under Site Suitability. Include reference locations of all the existing springs within
the proposed development. 3 Refer to Soil Types under Site Suitability. The description of the soil
types should be expanded to include a more thorough description of the site geology. The statement
referencing "minor areas of limestone geology exist on the subject properties" is not correct. In fact, a
majority of the site is underlaid by limestone formations. Developed sinkholes also are present with the
site. In addition, a major thrust fault diagonally bisects this site. It appears that the existing springs are
located in close proximity to this fault. We recommend that detailed geological mapping be performed
and included with the master development plan. The mapping should include, but not be limited to,
approximate locations of limestone and shale formation faults, sinkholes, springs and other pertinent
karst features.
Department of Inspections: No comment required at this time Shall comment at the time of site
plan review,
Sanitation Authority: A review of our sewer and water systems indicate there should be (1) sufficient
transportation capacity in the sewer lines and treatment capacity at the receiving sewer facility, and (2)
sufficient water line pressure and water supply to serve the parcels for the type of rezoning requested.
Service Authority: No comments.
Winchester Regional Airport: Based on estimated calculation using existing ground elevations in that
area, we do not believe that this rezoning will impact operations of the Winchester Regional Airport;
however, because of the location there is some concern with Section C items 2, 3 and 4 of the proffer
statement regarding the heights of proposed structures. Without knowing the FF elevation we cannot
determine at this time the maximum height allowed to avoid a penetration into the airport's airspace.
That determination would be made upon review of the site plan(s) when submitted. We would request
that the owner be advised that upon review of actual site plan(s), should one or more of the structures
penetrate into the airport's airspace we would request the owner to install FAA approved obstruction
lights which would address any safety concerns.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 5'
Planning Zoning:
Frederick County Attorney: Please see attached letter dated September 16, 2009, from Roderick B.
Williams, County Attorney.
Historic Resources Advisory Board (HRAB): The HRAB met on October 20, 2009. Their comments
are provided in attached letter dated October 21, 2009.
Planning Department: Please see attached Memorandum dated October 2, 2009 from Michael T.
Ruddy AICP, Deputy Planning Director.
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were combined to form the RA (Rural Areas) District upon adoption of an amendment
to the Frederick County Zoning Ordinance on May 10, 1989: The corresponding revision of the
zoning map resulted in there- mapping of the subject properties and all other A -1 and A -2 zoned
land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use.
The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide
guidance on the future development of the property. The property is located within the UDA
and SWSA. In general, the proposed land use is not clearly supported by the Comprehensive
Plan.
The Northeast Frederick Land Use Plan recommends that the land use for this property is
predominantly Planned Unit Development with Large areas of identified DSA (Developmentally
Sensitive Area). The Applicant should further demonstrate how the MI land use designation
is consistent with the land use plan.
The Planned Unit Development Concept seeks to create new neighborhoods with an appropriate
balance between residential, employment, and service uses. Areas used for commercial and
industrial land uses shall not exceed 50% of the gross area of the planned community.
Sufficient commercial and industrial areas shall be provided to meet the needs of the planned
community, to provide an appropriate balance of uses and to lessen the overall impact of the
planned community on Frederick County.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 6
The proposed M1. (Light Industrial) designation is intended to provide for a variety of light
manufacturing; commercial .office and heavy commercial uses in well planned industrial
'settings. Uses are' allowed which do not create noise smoke, dust or other hazards. Uses are
allowed which do not adversely affect nearby residential or business areas. Such industrial areas
shall be provided with safe and sufficient access.
In general, the Northeast Frederick Land Use Plan was designed to provide for a balance of land
uses which includes industrial and commercial growth along the major road and railroad
corridors, the introduction of a planned unit development (PUD) land use, and the preservation
of rural areas and significant historic features within the study area boundaries. Future land uses
within the study area boundary should be sensitive to existing and planned land uses.
Identified Developmentally Sensitive Areas (DSA's)'
The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service,
identifies a portion of the Graystone rezoning site as being within the Second Winchester Study
Area and a large portion of parcel 44-A-25 is within the Core Battlefield. This core area is part
of Stephenson' s Depot (Second Winchester Phase 9). The core area of the Second Winchester
Battlefield (Stephenson's Depot) on this site is shown as having retained much of its historic
integrity according to the Study of Civil War Sites in the Shenandoah Valley. Portions of the
site are also within the study area of the Third Battle of Winchester (Opequon) and adjacent to
its core. Portions of this site are designated as Development- Sensitive Area in the Northeast
Land Use Plan of the Frederick County Comprehensive Policy Plan. See the attached maps for
further information.
The Rural Landmarks Survey Report for Frederick County, Virginia, identifies seven
structures /sites within the immediate area of the subject site; one structure was located on -site.
The sites that are listed in the survey are:
1. Carter Hardesty House (#34-112)— was located on site but burned and was demolished
2. Byers House #34 -1124)
3. Godfries Semples House 034 -135)
4. Helm- McCann Property #34 -703)
5. Rutherford's Farm #34 -727) site consists of historical markers and foundations
6. McCann, Thomas House #34 -729)
7. Milburn Chapel Cemetery #34 -950)
Red Bud Agricultural and Forestal District
The Frederick County Board of Supervisors established the Red Bud Agricultural Forestal
District, consisting of 879.98 acres in the Stonewall Magisterial District, on May 1 s 2006.
Several properties located to the east of this project, directly across Milburn Road, and
properties to the south, directly across Red Bud Road, which also contain significant historic
resources, are included within the Red Bud Agricultural and Forestal District. The Red Bud
Agricultural Forestal District was created to contribute to the conservation and preservation
of agricultural and forestal land in Frederick County.
Rezoning #09 -09:— Graystone Corp. of VA
December 21, 2009.
Page 7
Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations Plans for new 'development should provide for the right -of -ways
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive plan 7 -206).
The Comprehensive Plan calls for a number of significant roadway improvements which impact
this property. Number on e among those improvements is the Route 37 corridor and
interchange. The Route 37 corridor has long been a planned arterial roadway connecting the
eastern part of the County,`and extreme.care should be taken not to undermine this goal. In
addition, the Comprehensive calls. for a public roadway connection between Snowden
Bridge Boulevard and-Redbud Road. Per the plan, this will allow the 1 -81 northbound exit ramp
to Route 11 to be relocated which will improve traffic safety and flow on Route 11. Snowden
Bridge Boulevard is a proffered major collector road improvement that implements the
County's Eastern Road Plan..
Site Access and desim
The most recent proffers for this site indicate three entrances to Snowden Bridge, and allows
that one will move. As this application moves forward due diligence will need to be given to
make sure that no proposed entrances negatively impact the future implementation or
functionality of Route 37.
3) Site Suitability/Environment
This property contains areas of Green Infrastructure elements and features including; areas of
wetlands, areas of karst topography, and Developmentally Sensitive Areas. Such features could
be incorporated into the project to a greater extent than is presently provided, in particular at the
properties perimeter. Low Impact Design methods could be implemented throughout the
development of this site, as could the use of LEED (or equivalent) land development and
building design standards.
It has been recommended that additional commitments are evaluated and made to adequately
address the potential impacts on the historic and natural resources, both on the site and adjacent
to the site. This could be done in coordination with adjacent stakeholders. Collaboration, now or
in the future, with adjacent historical stakeholders would appear to be appropriate and beneficial
to the project. The HRAB would be an important resource to help facilitate this collaboration.
It is suggested that the Applicant is proactive in this regard. Please refer to the comments
provided by the HRAB in this regard.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 8
The potential exists to further promote the use of the existing adjacent roads for historical
recreational open space corridors as previously recognized. As part of this effort, it is suggested
that the buffers adjacent to Battlefield preservation properties, easements, and historical
corridors should be tailored, potentially in conjunction with historical stakeholders and the
Virginia Department of Forestry. As an example, the adjacent development proposed creating
naturally vegetated or natively planted buffer areas, even proposing re-vegetation at a specific
rate of trees per acre. Such an approach would.: appear to be effective with this project.
It would appear to be necessary for the Applicant, through the proffer statement, to provide
some guidance as to the phases of site development and constructability of the site to ensure
that any potential impacts to adjacent properties, environmental resources, and historical
resources are mitigated or, more importantly, avoided
4) Potential Impacts
A. Transportation
Applicant's Transportation Program
To offset the transportation. impacts of this 271.39 acre RA to M1 rezoning, this
applicant has offered a number of transportation' proffers. The proffers of this
application provide partial right -of -way dedication for Route 37 and an interchange on
their property, advance the implementation of Snowden Bridge Boulevard ahead of the
previous Snowden Bridge Proffer for this improvement, limit the number of entrances
onto Snowden Bridge, limit access to Redbud Road and Milburn Road to emergency
access, eliminate any access to McCann Lane, provide inter- parcel access, and note that
the applicant will apply for public assistance mechanisms in implementing the proffers.
As noted below, the proffers do nothing to address Route 11, which will handle all of
the development trips for the foreseeable future, does not dedicate adequate right -of
wayfor Route 37 and places high cost requirements on the County to attain even the
dedicated portion of the right -of -way, does not address bicycle and pedestrian needs,
and does not offer a public roadway connection between Redbud Road and Snowden
Bridge Boulevard.
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 1,749,000
square feet of office and 570,000 square feet of manufacturing. This amount provides
the basis for the Traffic Impact Analysis. It should be recognized that the Applicant's
proffer statement presently provides no limitations on the amount of M1 (Light
Industrial) development that could occur on the property. It has been requested that the
M1 district performance standards be modified to double the FAR from 1 FAR to 2
FAR which would have an impact on the amount and intensity of the development.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 9
The TIA indicates that this application will degrade the level of service at a number of
intersections (see included fold out graphic of TIA results). Please note that these
degradations occur even though staff and VDOT worked diligently with the applicant
to base traffic generation off of real world projects such as Fort Collier Industrial Park
and the Avion Office Park in Chantilly. Further, the TIA takes credit for the relocation
of Redbud_Road to an intersection with Snowden Bridge. The County and VDOT
allowed the TIA to be scoped this way due to the applicant's willingness to work with
the County and VDOT if this connection was desired. However, recent
communications from the applicant indicates that they are not willing to be part of this
solution: Had this position been taken earlier, it would have impacted the scoping of
the TIA:
Construction and site development..
The potential exists for the site development and construction of the project to be
impactful to the surrounding community and land uses. The Applicant should be
proactive in ensuring that any potential impacts to adjacent properties and historical
resources are mitigated or, more importantly, avoided. Efforts to achieve this in the
planning stages are appropriate given the scale and location of this project.
B. Design Standards
The Applicant has requested modifications to several of the M1 (Light Industrial)
Zoning District design standards which would enable a more intensive development of
the property. It is not acceptable for a proffer statement to allow increases to
development and design standards that exceed those current standards explicitly
designed for the district. Doubling the FAR and height increases for Office Buildings
and Parking Structures is not permissible by proffer. Mr. Rod Williams, County
Attorney, has provided his opinion regarding this matter, which should be recognized.
The appropriate approach to address the above issues is through potential modifications
to the standards of the Zoning Ordinance. Such an approach was initiated by the
Applicant.
The Applicant has proffered to establish requirements for outdoor green areas and /or
outdoor plaza areas. However, the amount of, and timing of, the development of the
proposed outdoor green areas and plazas has not been defined.
The Applicant has proffered to establish internal asphalt trails a minimum of eight feet
in width. The minimum expectation for the width of any trail is ten feet. In conjunction
with Mr. Bishop's comments, the location of the internal trail system should be
addressed further to ensure it provides connectivity with adjacent land uses and
historical elements, and at a minimum to the previously proffered trail system that is
part of Snowden Bridge Boulevard. The GDP could be used to a greater extent to
identify this. The connectivity of the trail system goes beyond that of just this project.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009`:.
Page 10
The Applicant has proffered to- establish' a 100 feet green space buffer area along the
northern boundary of the property. In addition, the Applicant has proffered to provide
for evergreen landscaping along the Redbud Road frontage of an adjacent property
owned by the Shenandoah Valley Battlefields; Foundation. This buffer is undefined and
is conditioned upon the approval and furnishing of a landscape easement by the adjacent
property owner: This constitutes the extent of the Application's effort to address the
unique historic resources of the immediate area and surrounding properties. The
comments offered by the HRAB support the clear expectations of the Comprehensive
Plan in this regard. Please refer to the recommendations of the HRAB for additional
guidance.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However,
it is recognized that commercial and industrial uses generally provide a positive impact
on community facilities through the additional generation of tax revenue. This
application makes an effort to address the impacts to Fire and Rescue services by
providing a monetary contribution in an amount. of $0.05 per square foot of developed
commercial structural area. Please recognize that this is generally less of a monetary
contribution per square foot than proffered on more recent rezoning requests.
5) Proffer Statement Dated August 24, 2009 with latest revision October 9, 2009
B) Generalized Development Plan
The Applicant has proffered a GDP for the property which would guide the
development of the property. This GDP is very general and provides a minimal amount
of detail, but does identify the general location of the future Route 37 corridor study
area and future Snowden Bridge Boulevard and their associated interchange and
intersections. Two specific locations of green space buffer areas have been identified;
one on -site adjacent to McCanns Road, and one off -site on property owned by the
Shenandoah Valley Battlefields Foundation. At this time there, has been no indication
that the SVBF is aware of, and in agreement with, this proffer.
C) Land Use
The Applicant has requested the M1 (Light Industrial) Zoning District classification. In
doing so, the Applicant also requests an interpretation allowing additional land uses. It
is not acceptable for a proffer statement to include uses that are not presently
permitted within this district. Further, a proffer statement should not interpret the
permissibility of particular uses. That role is designated to the Zoning Administrator.
This is further clarified by the County Attorney in his review letter dated October 16,
2009.
The appropriate approach is to address this through potential modifications to the
standards of the Zoning Ordinance, specifically the permitted uses within each district.
Such an approach was initiated by the Applicant, but for a different zoning district
(OM).
Rezoning #09 -09 Graystone Corp. o f VA
December 21, 2009
Page 11
Specifically, Financial Institution Offices and Medical Offices are permitted in other
commercial zoning 'districts. Research, and Development Offices are currently
permitted within the M1 District In addition, any future amendments to the permitted
uses within the M1 District would be permitted on any yM 1 zoned property that does not
have a specific proffer prohibiting such a use:
Site Design.
The Applicant has requested modifications to several of the M1 (Light Industrial)
Zoning District design standards which would enable a more intensive development of
the property. It is not acceptable for a proffer statement to allow increases to
development and design standards that exceed those current standards explicitly
designed for the district. Doubling the FAR and height increases (90 feet for Office
Buildings and 70' for Parking Structures) is not permissible by proffer. This it further
clarified by the County Attorney in his review letter dated October 16, 2009.
The appropriate approach is to address this through: potential modifications to the
standards of the Zoning Ordinance Such an approach was initiated by the Applicant.
The Applicant has proffered to establish requirements for outdoor green areas and/or
outdoor plaza areas. It would be preferable for the Applicant to further define the
amount of and timing of, the development of the proposed outdoor green areas and
plazas.
The Applicant has proffered to establish internal asphalt trails a minimum of eight feet
in width. The location of the internal trail system should be addressed further to
ensure it provides connectivity with adjacent land uses and historical elements, and at
a minimum to the previously proffered trail system that is part of Snowden Bridge
Boulevard. The GDP could be used to a greater extent to identify this. The
connectivity of the trail system goes beyond that of just this project. In addition, the
minimum expectation for the width of any trail is ten feet.
The Applicant has proffered to establish a 100 feet green space buffer area along the
northern boundary of the property. In addition, the Applicant has proffered to provide
for evergreen landscaping along the Redbud Road frontage of an adjacent property
owned by the Shenandoah Valley Battlefields Foundation. This buffer is undefined and
is conditioned upon the approval and furnishing of a landscape easement by the
adjacent property owner. This constitutes the extent of the Applications effort to
address the unique historic resources of the immediate area and surrounding properties.
It is recognized that in some locations a zoning district buffer would be required.
However, it has been recommended that the proffered buffering and landscaping should
propose buffering and Landscaping that would exceed the minimum expectation of the
Ordinance. In addition, given the historical character of the surrounding land uses, there
is an expectation of a more significant effort with regards to buffering and landscaping.
This is a clear expectation of the Comprehensive Plan. Please refer to the
recommendations of the HRAB for additional guidance.
Rezoning #09 -09 Craystone Corp. of VA
December 21, 2009
Page 12
D) Transportation
Route 37 Dedication (Proffers`D1,D2,D3)
The applicant has proffered to dedicate 225 feet of right of way for the corridor and
enough right -of -way for a diamond interchange 800 feet in width with a study area of
up to 350 feet available for purchase: The applicant has based the corridor needs on
existing Route 37 west. There is no proffer that would help the County to obtain Route
37 right of way is neighboring parcels.
Staff would 'tote that the Board of Supervisors adopted a 350 feet wide corridor in
this location based upon guidance from VDOT engineers. To base what should be
the dedication on Route 37 west is inappropriate. Further, without including the
interchange areas, the Route 37 west right of way is highly variable and ranges from
just over 200 feet to nearly 400 feet in width. As with all rights of way, it varies
based upon the needs of specific locations along its length and current standards.
This should only serve to highlight the fact that specific VDOT guidance for this site
should be followed as opposed to assumptions from sections of the 30year old Route
37 west. Finally, it should again ;benoted that staff is adamantly against the
dedication and reservation proffer language giving the Counry five years to complete
the final engineering and design of Hie roadway. This would be an extremely costly
and time consuming effort for which it is well known that there is presently no
funding.
Redbud Road Relocation
The applicant has not proffered any connection to Redbud Road from Snowden Bridge
Boulevard.
From the meetings held with the applicants and their representatives, staff has
made clear that there is a need for a public road connection between Redbud Road
and Snowden Bridge Boulevard. This would allow the County to sever the currentl-
81 NB ramp connection to Route 11 and move it to the area where the intersection
between Redbud and Route 11 currently exists. This is a significant need to improve
Route 11 traffic. The applicant has consistently stated that if the County wished to
push for the connection between Redbud and Snowden Bridge, they would be willing
to work with the County. However, recent written comment responses received
indicate this is no longer the case.
Trail System
The applicant has not proffered any public trail connections.
Staff would note that the Snowden Bridge Development, Rutherford Shopping
Center, and the Battlefield Property all have either proffered or implemented bicycle
and pedestrian improvements. This property sits in the middle of all these uses and
is the final piece needed to create the County's first interconnected trail system
which would link the areas where County residents live, work, shop, and recreate.
The applicant has noted security concerns of potential tenants. Staff would note that
bikers and walkers using a trails system that parallels the roadways pose less of a
threat than the vehicles.
Rezoning #09 -09 Graystone Corp. of VA
December 21; 2009
Page 13
Route 11 Improvements
The applicant has made no proffers to offset impacts to Route 11.
Staff would note that there are a number of ways that this applicant could help to.
offset Route 11 impacts. Among these would be to construct a connection between
Redbud Road and Snowden Bridge Boulevard or to partner with the County and
VDOT in providing additional southbound capacity from 1-81 to Route 37.
E) Community Facilities
This application makes an effort to address the impacts to Fire and Rescue services by
proffering a monetary contribution in an amount of $0.05 per square foot of developed
commercial structural area. Please recognize that this is generally less of a monetary
contribution per square foot than proffered on more recent rezoning requests. In
addition, the trigger for this contribution is prior to the issuance of a Certificate of
Occupancy. This should be changed to reflect the appropriate timing, which is prior
to the issuance of a, building permit.
STAFF CONCLUSIONS FOR THE 11/04/09 PLANNING COMMISSION MEETING:
The Graystone rezoning application is generally inconsistent with the land use designation of the
Northeastern Frederick Land Use Plan, an element of the Comprehensive Plan, and does not address
additional goals of the Comprehensive Plan as described in the staff report. The Applicant has not yet
demonstrated how the M1 land use designation is consistent with the land use plan. In addition,
elements of the rezoning application have been identified in the staff report that should be carefully
evaluated to ensure they fully address specific components of the Plan. More specifically, the Planning
Commission should ensure that the impacts associated with this rezoning request have been fully
addressed by the applicant. The Planning Commission should pay particular attention to the following
concerns:
1) The potential impacts associated with more intensive use of properties.
2) The transportation impacts associated with this request, including the impacts to the planning
and construction of future Route 37.
3) The recommendations of the Historic Resources Advisory Board, particularly regarding
Archeological Resource Surveys, impacts to historical resources and DSA's, and view shed
mitigation through natural and enhanced buffering and screening.
4) The problematic language contained within the Proffer Statement regarding expansion of uses in
the District and associated design standards; as further iterated by Mr. Rod Williams, Frederick
County Attorney, in his review letter of the final proffers dated October 16, 2009.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 14
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/04/09 MEETING:
VDOT's representative, Mr. Lloyd Ingram, responded to questions from the Commission regarding the
transportation system's ability to accommodate this development, along with adjacent residential and
background traffic. Mr. Ingram said until Route 37 is connected to I -81, the LOS for the transportation
system will continue to deteriorate, depending on the timing and the rate of construction; he said Route
11 will be challenged. Mr. Ingram was not aware of anything offered with the rezoning application to
enhance the maneuverability and flow of traffic on Route 11. He said Route 37, closing Redbud Road,
,and re- aligning the off-ramp would be the key to transportation in this entire northern section. With
regard to the proffered 225 feet, Mr. Ingram stated that on Route 37 northbound, where it ties into Route
50, an elevated roadway is planned; he said the flyover from one side to the other is about 340 feet. If
CD lanes are placed, VDOT will need a minimum of 350 feet.
During the public comment portion of the public hearing, the Executive Director of the Shenandoah
Valley Battlefields Foundation (SVBF), W. Denman Zirkle, provided comments on behalf of the SVBF
and presented a letter, dated November 3, 2009. Mr. Zirkle said the applicant's proposed building
heights present a concern because more than 570 acres of preserved land lie immediately to the south of
the subject property. Much of this landscape appears as it did to residents and soldiers at the time of the
Second and Third Battles of Winchester and the land retains its historic, agricultural character with very
few modem visual intrusions. He said the proposed 90 -foot office buildings and a 70 -foot parking
garage will dramatically change the historic character of the landscape that so many have invested in
and worked diligently to preserve. The final concern raised by Mr. Zirkle was the applicant's proposal
to place landscaping buffer on SVBF land; he said it would not be permissible for SVBF to convey
interest in their land to a third party through easement.
The applicant's representative, Mr. Evan Wyatt with Greenway Engineering, addressed issues raised by
.the staff and reviewing agencies. Regarding conformity to the Comprehensive Policy Plan, Mr. Wyatt
stated that the office and industrial park proposed by Graystone would provide employment
opportunities for the Stephenson Village /Snowden Bridge projects. He noted that the project's major
intersection, Snowden Bridge Boulevard and Route 11, functions at a LOS "D," which has previously
been viewed as acceptable for economic development projects. Other intersections showing
deficiencies are along Route 11, at the Welltown Road intersection, at the northbound off -ramp with I-
81, and at the intersection of Old Charlestown Road. He said these intersections, showing deficiencies
of "E" and "F" in the LOS, are in the same place with background traffic as they are for this
development. Mr. Wyatt said the applicant is willing to assist in improving the LOS at these locations.
When questioned about the possibility of the County losing the reserved Route 37 right -of -way after
eight years, Mr. Wyatt said that once the eight -year time line expires, the applicant will either dedicate
225 feet of right -of -way or the applicant can continue the time line, if there is no need to worry about
land use in that area. Considering comments from the HRAB, Mr. Wyatt said they will meet all
requirements of the zoning ordinance. Mr. Wyatt said the applicant agrees to eliminate the increased
FARs and taller building heights and would amend the proffer before it goes to the Board of
Supervisors. Regarding the buffer on SVBF property, Mr. Wyatt stated the applicant was not interested
in acquiring SVBF land, but merely requesting permission to do landscaping on SVBF property because
the ordinance does not require buffering between the applicant's site and the SVBF's property.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 13
A number of issues were raised and discussed by the Commission. The difference in the right -of -way
-width dedicated by the applicant for the Route 37 corridor, 225 feet, and the amount officially adopted
by the Board of Supervisors and recommended by VDOT, 350 feet. The difference in width would
present a significant cost to the taxpayers to purchase the additional right -of -way. The eight -year time
frame designated by the applicant for the Route 37 right -of -way reservation was a concem. There were
questions about why the time line couldn't be extended to 15 years, since the applicant's speculation for
build -out was 30 -plus years. Any dedication of right -of -way less than 350 feet was considered
unrealistic, considering topography and engineering. There were no restrictions or limitations placed on
the M1 uses, especially from the standpoint of transportation, land use, and visual impacts on the
surrounding community. There was no phasing plan. Transportation impacts were anticipated to be
experienced along Routes 7,11; 522, and 1 -81. There was an expectation for the connection at Redbud
and the off -ramp to Snowden Bridge Boulevard, considering the applicant had property spanning this
entire di stance; a right -of -way reservation area was suggested or a layout design for an internal road that
would eventually become public.
Some of the Commissioners were supportive of the MI Zoning, but believed there were still many
issues that needed to be addressed by the applicant. In addition, proffers that were verbally revised by
the applicant needed to be reviewed by the staff, the County Attorney, and the Commission in their final
form. The Planning Commission unanimously tabled the rezoning for 60 days to provide enough time
for the applicant to make revisions and address issues raised.
(Note: Commissioner Ruckman was absent from the meeting; Commissioner Oates abstained.)
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 3
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: 11/04/09
01/06/10
Board of Supervisors: 01/27/10
PROPOSAL: To rezone 271.39 acres from RA (Rural Areas) District to Ml (Light Industrial) District,
with proffers, for Office and Manufacturing Uses.
LOCATION: The properties are located on the north side of Redbud Road (Route 661), the east side
of the CSX Railroad, the west side of Milburn Road (Route 662), and the south of McCanns Road
(Route 838).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43 -A -158, 44 -A -25 and 44 -A -26
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING PRESENT USE:
North:
South:
East:
West:
RA (Rural Areas) Use:
RA (Rural Areas) Use:
Red Bud Agricultural District
RA (Rural Areas) Use:
Red Bud Agricultural District
R4 (Residential Planned Community)
RA (Rural Areas) Use:
Ml (Light Industrial)
Action
Tabled 60 Days
Pending
Pending
Agricultural /Vacant
Agricultural /Residential /Historic
Agricultural
Vacant (Snowden Bridge)
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 4
REVIEW EVALUATIONS:
Frederick County Transportation: Please see attached email dated September 25, 2009,, from John
Bishop, Deputy Director Transportation.
Virginia Dept. of Transportation: Please see attached email from VDOT dated October 6, 2009 and
attached response letter from Greenway Engineering dated October 9, 2009. Final review comment
provided by VDOT on October 20, 2009.
Fire Marshal: Approval for rezoning is contingent upon a second means of emergency access to the
property once construction has begun. Access from Milburn Road and Redbud Road is preferred. Plan
approval recommended.
Public Works Department: 1. Refer to Existing Conditions under Site Suitability. Expand the
discussion to include a reference to the power line which crosses the southern end of the property.
2. Refer to Wetlands under Site Suitability. Include reference locations of all the existing springs within
the proposed development. 3. Refer to Soil Types under Site Suitability. The description of the soil
types should be expanded to include a more thorough description of the site geology. The statement
referencing "minor areas of limestone geology exist on the subject properties" is not correct. In fact, a
majority of the site is underlaid by limestone formations. Developed sinkholes also are present with the
site. In addition, a major thrust fault diagonally bisects this site. It appears that the existing springs are
located in close proximity to this fault. We recommend that detailed geological mapping be performed
and included with the master development plan. The mapping should include, but not be limited to,
approximate locations of limestone and shale formation faults, sinkholes, springs and other pertinent
karst features.
Department of Inspections: No comment required at this time. Shall comment at the time of site
plan review.
Sanitation Authority: A review of our sewer and water systems indicate there should be (1) sufficient
transportation capacity in the sewer lines and treatment capacity at the receiving sewer facility, and (2)
sufficient water line pressure and water supply to serve the parcels for the type of rezoning requested.
Service Authority: No comments.
Winchester Regional Airport: Based on estimated calculation using existing ground elevations in that
area, we do not believe that this rezoning will impact operations of the Winchester Regional Airport;
however, because of the location there is some concern with Section C items 2, 3 and 4 of the proffer
statement regarding the heights of proposed structures. Without knowing the FF elevation we cannot
determine at this time the maximum height allowed to avoid a penetration into the airport's airspace.
That determination would be made upon review of the site plan(s) when submitted. We would request
that the owner be advised that upon review of actual site plan(s), should one or more of the structures
penetrate into the airport's airspace we would request the owner to install FAA approved obstruction
lights which would address any safety concerns.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 5
Frederick County Attorney: Please see attached letter dated September 16, 2009, from Roderick B.
Williams, County Attorney.
Historic Resources Advisory Board (HRAB): The HRAB met on October 20, 2009. Their comments
are provided in attached letter dated October 21, 2009.
Planning Department: Please see attached Memorandum dated October 2, 2009 from Michael T.
Ruddy, A1CP, Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were combined to form the RA (Rural Areas) District upon adoption of an amendment
to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re- mapping of the subject properties and all other A -1 and A -2 zoned
land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use.
The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide
guidance on the future development of the property. The property is located within the UDA
and S W SA. In general, the proposed land use is not clearly supported by the Comprehensive
Plan.
The Northeast Frederick Land Use Plan recommends that the land use for this property is
predominantly Planned Unit Development with large areas of identified DSA (Developmentally
Sensitive Area). The Applicant should further demonstrate how the MI land use designation
is consistent with the land use plan.
The Planned Unit Development Concept seeks to create new neighborhoods with an appropriate
balance between residential, employment, and service uses. Areas used for commercial and
industrial land uses shall not exceed 50% of the gross area of the planned community.
Sufficient commercial and industrial areas shall be provided to meet the needs of the planned
community, to provide an appropriate balance of uses and to lessen the overall impact of the
planned community on Frederick County.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 6
The proposed Ml (Light Industrial) designation is intended to provide for a variety of light
manufacturing. commercial office and heavy commercial uses in well planned industrial
settings. Uses are allowed which do not create noise smoke, dust or other hazards. Uses are
allowed which do not adversely affect nearby residential or business areas. Such industrial areas
shall be provided with safe and sufficient access.
In general, the Northeast Frederick Land Use Plan was designed to provide for a balance of land
uses which includes industrial and commercial growth along the major road and railroad
corridors. the introduction of a planned unit development (PUD) land use, and the preservation
of rural areas and significant historic features within the study area boundaries. Future land uses
within the study area boundary should be sensitive to existing and planned land uses.
Identified Developmentally Sensitive Areas (DSA 's)
The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service,
identifies a portion of the Graystone rezoning site as being within the Second Winchester Study
Area and a large portion of parcel 44 -A -25 is within the Core Battlefield. This core area is part
of Stephenson's Depot (Second Winchester Phase 9). The core area of the Second Winchester
Battlefield (Stephenson's Depot) on this site is shown as having retained much of its historic
integrity according to the Study of Civil War Sites in the Shenandoah Valley. Portions of the
site are also within the study area of the Third Battle of Winchester (Opequon) and adjacent to
its core. Portions of this site are designated as Development- Sensitive Area in the Northeast
Land Use Plan of the Frederick County Comprehensive Policy Plan. See the attached maps for
further information.
The Rural Landmarks Survey Report for Frederick County, Virginia, identifies seven
structures /sites within the immediate area of the subject site; one structure was located on -site.
The sites that are listed in the survey are:
1. Carter Hardesty House (434-112)— was located on site but burned and was demolished
2. Byers House #34 -1124)
3. Godfries Semples House #34 -135)
4. Helm- McCann Property #34 -703)
5. Rutherford's Farm #34 -727) site consists of historical markers and foundations
6. McCann. Thomas House #34 -729)
7. Milbum Chapel Cemetery #34 -950)
Red Bud Agricultural and Forestal District
The Frederick County Board of Supervisors established the Red Bud Agricultural Forestal
District, consisting of 879.98 acres in the Stonewall Magisterial District, on May 1 2006.
Several properties located to the east of this project, directly across Milburn Road, and
properties to the south, directly across Red Bud Road, which also contain significant historic
resources, are included within the Red Bud Agricultural and Forestal District. The Red Bud
Agricultural Forestal District was created to contribute to the conservation and preservation
of agricultural and forestal and in Frederick County.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 7
Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right -of -ways
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7 -206).
The Comprehensive Plan calls for a number of significant roadway improvements which impact
this property. Number one among those improvements is the Route 37 corridor and
interchange. The Route 37 corridor has long been a planned arterial roadway connecting the
eastern part of the County, and extreme care should be taken not to undermine this goal. In
addition. the Comprehensive Plan calls for a public roadway connection between Snowden
Bridge Boulevard and Redbud Road. Per the plan, this will allow the 1 -81 northbound exit ramp
to Route 11 to be relocated which will improve traffic safety and flow on Route 11. Snowden
Bridge Boulevard is a proffered major collector road improvement that implements the
County's Eastern Road Plan.
Site Access and design.
The most recent proffers for this site indicate three entrances to Snowden Bridge, and allows
that one will move. As this application moves forward due diligence will need to be given to
make sure that no proposed entrances negatively impact the future implementation or
functionality of Route 37.
3) Site Suitability/Environment
This property contains areas of Green Infrastructure elements and features including; areas of
wetlands, areas of karst topography, and Developmentally Sensitive Areas. Such features could
be incorporated into the project to a greater extent than is presently provided, in particular at the
properties perimeter. Low Impact Design methods could be implemented throughout the
development of this site, as could the use of LEED (or equivalent) land development and
building design standards.
It has been recommended that additional commitments are evaluated and made to adequately
address the potential impacts on the historic and natural resources, both on the site and adjacent
to the site. This could be done in coordination with adjacent stakeholders. Collaboration, now or
in the future. with adjacent historical stakeholders would appear to be appropriate and beneficial
to the project. The HRAB would be an important resource to help facilitate this collaboration.
It is suggested that the Applicant is proactive in this regard. Please refer to the comments
provided by the HRAB in this regard.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 8
The potential exists to further promote the use of the existing adjacent roads for historical
recreational open space corridors as previously recognized. As part of this effort, it is suggested
that the buffers adjacent to Battlefield preservation properties, easements, and historical
corridors should be tailored, potentially in conjunction with historical stakeholders and the
Virginia Department of Forestry. As an example, the adjacent development proposed creating
naturally vegetated or natively planted buffer areas, even proposing re- vegetation at a specific
rate of trees per acre. Such an approach would appear to be effective with this project.
It would appear to be necessary for the Applicant, through the proffer statement, to provide
some guidance as to the phases of site development and constructability of the site to ensure
that any potential impacts to adjacent properties, environmental resources, and historical
resources are mitigated or, more importantly, avoided
4) Potential Impacts
A. Transportation
Applicant's Transportation Program
To offset the transportation impacts of this 271.39 acre RA to M1 rezoning, this
applicant has offered a number of transportation proffers. The proffers of this
application provide partial right -of -way dedication for Route 37 and an interchange on
their property, advance the implementation of Snowden Bridge Boulevard ahead of the
previous Snowden Bridge Proffer for this improvement, limit the number of entrances
onto Snowden Bridge, limit access to Redbud Road and Milburn Road to emergency
access, eliminate any access to McCann Lane, provide inter parcel access, and note that
the applicant will apply for public assistance mechanisms in implementing the proffers.
As noted below, the proffers do nothing to address Route 11, which will handle all of
the development trips for the foreseeable future, does not dedicate adequate right -of-
way for Route 37 and places high cost requirements on the County to attain even the
dedicated portion of the right -of -way, does not address bicycle and pedestrian needs,
and does not offer a public roadway connection between Redbud Road and Snowden
Bridge Boulevard.
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 1,749,000
square feet of office and 570,000 square feet of manufacturing. This amount provides
the basis for the Traffic Impact Analysis. It should be recognized that the Applicant's
proffer statement presently provides no limitations on the amount of M1 (Light
Industrial) development that could occur on the property. It has been requested that the
M1 district performance standards be modified to double the FAR from 1 FAR to 2
FAR which would have an impact on the amount and intensity of the development.
Rezoning #09 -09 Graystone Corp. of VA
December 21. 2009
Page 9
The TIA indicates that this application will degrade the level of service at a number of
intersections (see included fold out graphic of TIA results). Please note that these
degradations occur even though staff and VDOT worked diligently with the applicant
to base traffic generation off of real world projects such as Fort Collier Industrial Park
and the Avion Office Park in Chantilly. Further, the TIA takes credit for the relocation
of Redbud Road to an intersection with Snowden Bridge. The County and VDOT
allowed the TIA to be scoped this way due to the applicant's willingness to work with
the County and VDOT if this connection was desired. However, recent
communications from the applicant indicates that they are not willing to be part of this
solution. Had this position been taken earlier, it would have impacted the scoping of
the TIA.
Construction and site development.
The potential exists for the site development and construction of the project to be
impactful to the surrounding community and land uses. The Applicant should be
proactive in ensuring that any potential impacts to adjacent properties and historical
resources are mitigated or, more importantly, avoided. Efforts to achieve this in the
planning stages are appropriate given the scale and location of this project.
B. Design Standards
The Applicant has requested modifications to several of the M1 (Light Industrial)
Zoning District design standards which would enable a more intensive development of
the property. It is not acceptable for a proffer statement to allow increases to
development and design standards that exceed those current standards explicitly
designed for the district. Doubling the FAR and height increases for Office Buildings
and Parking Structures is not permissible by proffer. Mr. Rod Williams, County
Attorney, has provided his opinion regarding this matter, which should be recognized.
The appropriate approach to address the above issues is through potential modifications
to the standards of the Zoning Ordinance. Such an approach was initiated by the
Applicant.
The Applicant has proffered to establish requirements for outdoor green areas and /or
outdoor plaza areas. However, the amount of, and timing of, the development of the
proposed outdoor green areas and plazas has not been defined.
The Applicant has proffered to establish internal asphalt trails a minimum of eight feet
in width. The minimum expectation for the width of any trail is ten feet. In conjunction
with Mr. Bishop's comments, the location of the internal trail system should be
addressed further to ensure it provides connectivity with adjacent land uses and
historical elements, and at a minimum to the previously proffered trail system that is
part of Snowden Bridge Boulevard. The GDP could be used to a greater extent to
identify this. The connectivity of the trail system goes beyond that of just this project.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 10
The Applicant has proffered to establish a 100 feet green space buffer area along the
northern boundary of the property. In addition, the Applicant has proffered to provide
for evergreen landscaping along the Redbud Road frontage of an adjacent property
owned by the Shenandoah Valley Battlefields Foundation. This buffer is undefined and
is conditioned upon the approval and furnishing ofa landscape easement by the adjacent
property owner. This constitutes the extent of the Application's effort to address the
unique historic resources of the immediate area and surrounding properties. The
comments offered by the HRAB support the clear expectations of the Comprehensive
Plan in this regard. Please refer to the recommendations of the HRAB for additional
guidance.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However,
it is recognized that commercial and industrial uses generally provide a positive impact
on community facilities through the additional generation of tax revenue. This
application makes an effort to address the impacts to Fire and Rescue services by
providing a monetary contribution in an amount of $0.05 per square foot of developed
commercial structural area. Please recognize that this is generally less ofa monetary
contribution per square foot than proffered on more recent rezoning requests.
5) Proffer Statement Dated August 24, 2009 with latest revision October 9, 2009
B) Generalized Development Plan
The Applicant has proffered a GDP for the property which would guide the
development of the property. This GDP is very general and provides a minimal amount
of detail, but does identify the general location of the future Route 37 corridor study
area and future Snowden Bridge Boulevard and their associated interchange and
intersections. Two specific locations of green space buffer areas have been identified;
one on -site adjacent to McCanns Road, and one off -site on property owned by the
Shenandoah Valley Battlefields Foundation. At this time, there has been no indication
that the SVBF is aware of, and in agreement with, this proffer.
C) Land Use
The Applicant has requested the M1 (Light Industrial) Zoning District classification. In
doing so, the Applicant also requests an interpretation allowing additional land uses. It
is not acceptable for a proffer statement to include uses that are not presently
permitted within this district. Further, a proffer statement should not interpret the
permissibility of particular uses. That role is designated to the Zoning Administrator.
This is further clarified by the County A ttorney in his review letter dated October 16,
2009.
The appropriate approach is to address this through potential modifications to the
standards of the Zoning Ordinance, specifically the permitted uses within each district.
Such an approach was initiated by the Applicant, but for a different zoning district
(OM).
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 11
Specifically, Financial Institution Offices and Medical Offices are permitted in other
commercial zoning districts. Research and Development Offices are currently
permitted within the M I District. In addition, any future amendments to the permitted
uses within the M1 District would be permitted on any M1 zoned property that does not
have a specific proffer prohibiting such a use.
C) Site Design
The Applicant has requested modifications to several of the MI (Light Industrial)
Zoning District design standards which would enable a more intensive development of
the property. It is not acceptable for a proffer statement to allow increases to
development and design standards that exceed those current standards explicitly
designed for the district. Doubling the FAR and height increases (90 feet for Office
Buildings and 70' for Parking Structures) is not permissible by proffer. This is further
clarified by the County Attorney in his review letter dated October 16, 2009.
The appropriate approach is to address this through potential modifications to the
standards of the Zoning Ordinance. Such an approach was initiated by the Applicant.
The Applicant has proffered to establish requirements for outdoor green areas and /or
outdoor plaza areas. It would be preferable for the Applicant to further define the
amount of and timing of the development of the proposed outdoor green areas and
plazas.
The Applicant has proffered to establish internal asphalt trails a minimum of eight feet
in width. The location of the internal trail system should be addressed further to
ensure it provides connectivity with adjacent land uses and historical elements, and at
a minimum to the previously proffered trail system that is part of Snowden Bridge
Boulevard. The GDP could be used to a greater extent to identify this. The
connectivity of the trail system goes beyond that of just this project. In addition, the
minimum expectation for the width of any trail is ten feet.
The Applicant has proffered to establish a 100 feet green space buffer area along the
northern boundary of the property. In addition, the Applicant has proffered to provide
for evergreen landscaping along the Redbud Road frontage of an adjacent property
owned by the Shenandoah Valley Battlefields Foundation. This buffer is undefined and
is conditioned upon the approval and furnishing of a landscape easement by the
adjacent property owner. This constitutes the extent of the Applications effort to
address the unique historic resources of the immediate area and surrounding properties.
It is recognized that in some locations a zoning district buffer would be required.
However, it has been recommended that the proffered buffering and landscaping should
propose buffering and landscaping that would exceed the minimum expectation of the
Ordinance. In addition, given the historical character of the surrounding land uses, there
is an expectation of a more significant effort with regards to buffering and landscaping.
This is a clear expectation of the Comprehensive Plan. Please refer to the
recommendations of the HRAB for additional guidance.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 12
D) Transportation
Route 37 Dedication (Proffers D1,D2,D3)
The applicant has proffered to dedicate 225 feet of right of way for the corridor and
enough right -of -way for a diamond interchange 800 feet in width with a study area of
up to 350 feet available for purchase. The applicant has based the corridor needs on
existing Route 37 west. There is no proffer that would help the County to obtain Route
37 right of way in neighboring parcels.
Staff would note that the Board of Supervisors adopted a 350 foot wide corridor in
this location based upon guidance from VDOT engineers. To base what should be
the dedication on Route 37 west is inappropriate. Further, without including the
interchange areas, the Route 37 west right -of -way is highly variable and ranges from
just over 200 feet to nearly 400 feet in width. As with all rights -of -way, it varies
based upon the needs of specific locations along its length and current standards.
This should only serve to highlight the fact that specific VDOT guidance for this site
should be followed as opposed to assumptions from sections of the 30 year old Route
37 west. Finally, it should again be noted that staff is adamantly against the
dedication and reservation proffer language giving the Countyfive years to complete
the final engineering and design of the roadway. This would be an extremely costly
and time consuming effort for which it is well known that there is presently no
funding.
Redbud Road Relocation
The applicant has not proffered any connection to Redbud Road from Snowden Bridge
Boulevard.
From the first meetings held with the applicants and their representatives, staff has
made clear that there is a need for a public road connection between Redbud Road
and Snowden Bridge Boulevard. This would allow the County to sever the current 1-
81 NB ramp connection to Route 11 and move it to the area where the intersection
between Redbud and Route 11 currently exists. This is a significant need to improve
Route 11 traffic. The applicant has consistently stated that if the County wished to
push for the connection between Redbud and Snowden Bridge, they would be willing
to work with the County. However, recent written comment responses received
indicate this is no longer the case.
Trail System
The applicant has not proffered any public trail connections.
Staff would note that the Snowden Bridge Development, Rutherford Shopping
Center, and the Battlefield Property all have either proffered or implemented bicycle
and pedestrian improvements. This property sits in the middle of all these uses and
is the final piece needed to create the County's first interconnected trail system
which would link the areas where County residents live, work, shop, and recreate.
The applicant has noted security concerns ofpotential tenants. Staff would note that
bikers and walkers using a trails system that parallels the roadways pose less of a
threat than the vehicles.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 13
Route 11 Improvements
The applicant has made no proffers to offset impacts to Route 11.
Stuff would note that there are a number of ways that this applicant could help to
offset Route 11 impacts. Among these would be to construct a connection between
Redbud Road and Snowden Bridge Boulevard or to partner with the County and
VDOT in providing additional southbound capacity from 1 -81 to Route 37.
E) Community Facilities
This application makes an effort to address the impacts to Fire and Rescue services by
proffering a monetary contribution in an amount of $0.05 per square foot of developed
commercial structural area. Please recognize that this is generally less of a monetary
contribution per square foot than proffered on more recent rezoning requests. In
addition, the trigger for this contribution is prior to the issuance of a Certificate of
Occupancy. This should be changed to reflect the appropriate timing, which is prior
to the issuance of a building permit
STAFF CONCLUSIONS FOR THE 11/04/09 PLANNING COMMISSION MEETING:
The Graystone rezoning application is generally inconsistent with the land use designation of the
Northeastem Frederick Land Use Plan, an element of the Comprehensive Plan, and does not address
additional goals of the Comprehensive Plan as described in the staff report. The Applicant has not yet
demonstrated how the M1 land use designation is consistent with the land use plan. In addition,
elements of the rezoning application have been identified in the staff report that should be carefully
evaluated to ensure they fully address specific components of the Plan. More specifically, the Planning
Commission should ensure that the impacts associated with this rezoning request have been fully
addressed by the applicant. The Planning Commission should pay particular attention to the following
concerns:
1) The potential impacts associated with more intensive use of properties.
2) The transportation impacts associated with this request, including the impacts to the planning
and construction of future Route 37.
3) The recommendations of the Historic Resources Advisory Board, particularly regarding
Archeological Resource Surveys, impacts to historical resources and DSA's, and view shed
mitigation through natural and enhanced buffering and screening.
4) The problematic language contained within the Proffer Statement regarding expansion of uses in
the District and associated design standards; as further iterated by Mr. Rod Williams, Frederick
County Attorney, in his review letter of the final proffers dated October 16, 2009.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 14
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/04/09 MEETING:
VDOT's representative, Mr. Lloyd Ingram, responded to questions from the Commission regarding the
transportation system's ability to accommodate this development, along with adjacent residential and
background traffic. Mr. Ingram said until Route 37 is connected to I -81, the LOS for the transportation
system will continue to deteriorate, depending on the timing and the rate of construction: he said Route
I 1 will be challenged. Mr. Ingram was not aware of anything offered with the rezoning application to
enhance the maneuverability and flow of traffic on Route 11. He said Route 37, closing Redbud Road,
and re- aligning the off -ramp would be the key to transportation in this entire northern section. With
regard to the proffered 225 feet, Mr. Ingram stated that on Route 37 northbound, where it ties into Route
50, an elevated roadway is planned; he said the flyover from one side to the other is about 340 feet. If
CD lanes are placed, VDOT will need a minimum of 350 feet.
During the public comment portion of the public hearing, the Executive Director of the Shenandoah
Valley Battlefields Foundation (SVBF), W. Denman Zirkle, provided comments on behalf of the SVBF
and presented a letter, dated November 3, 2009. Mr. Zirkle said the applicant's proposed building
heights present a concern because more than 570 acres of preserved land lie immediately to the south of
the subject property. Much of this landscape appears as it did to residents and soldiers at the time of the
Second and Third Battles of Winchester and the land retains its historic, agricultural character with very
few modern visual intrusions. He said the proposed 90 -foot office buildings and a 70 -foot parking
garage will dramatically change the historic character of the landscape that so many have invested in
and worked diligently to preserve. The final concern raised by Mr. Zirkle was the applicant's proposal
to place landscaping buffer on SVBF land; he said it would not be permissible for SVBF to convey
interest in their land to a third party through easement.
The applicant's representative, Mr. Evan Wyatt with Greenway Engineering, addressed issues raised by
the staff and reviewing agencies. Regarding conformity to the Comprehensive Policy Plan, Mr. Wyatt
stated that the office and industrial park proposed by Graystone would provide employment
opportunities for the Stephenson Village /Snowden Bridge projects. He noted that the project's major
intersection, Snowden Bridge Boulevard and Route 11. functions at a LOS "D," which has previously
been viewed as acceptable for economic development projects. Other intersections showing
deficiencies are along Route 11, at the Welltown Road intersection, at the northbound off-ramp with I-
81, and at the intersection of Old Charlestown Road. He said these intersections, showing deficiencies
of "E" and "F" in the LOS, are in the same place with background traffic as they are for this
development. Mr. Wyatt said the applicant is willing to assist in improving the LOS at these locations.
When questioned about the possibility of the County losing the reserved Route 37 right -of -way after
eight years, Mr. Wyatt said that once the eight -year time line expires, the applicant will either dedicate
225 feet of right -of -way or the applicant can continue the time line, if there is no need to worry about
land use in that area. Considering comments from the HRAB, Mr. Wyatt said they will meet all
requirements of the zoning ordinance. Mr. Wyatt said the applicant agrees to eliminate the increased
FARs and taller building heights and would amend the proffer before it goes to the Board of
Supervisors. Regarding the buffer on SVBF property, Mr. Wyatt stated the applicant was not interested
in acquiring SVBF land, but merely requesting permission to do landscaping on SVBF property because
the ordinance does not require buffering between the applicant's site and the SVBF's property.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 15
A number of issues were raised and discussed by the Commission. The difference in the right -of -way
width dedicated by the applicant for the Route 37 corridor, 225 feet, and the amount officially adopted
by the Board of Supervisors and recommended by VDOT, 350 feet. The difference in width would
present a significant cost to the taxpayers to purchase the additional right -of -way. The eight -year time
frame designated by the applicant for the Route 37 right -of -way reservation was a concem. There were
questions about why the time line couldn't be extended to 15 years, since the applicant's speculation for
build -out was 30 -plus years. Any dedication of right -of -way less than 350 feet was considered
unrealistic, considering topography and engineering. There were no restrictions or limitations placed on
the M1 uses, especially from the standpoint of transportation, land use, and visual impacts on the
surrounding community. There was no phasing plan. Transportation impacts were anticipated to be
experienced along Routes 7, 11, 522, and I -81. There was an expectation for the connection at Redbud
and the off -ramp to Snowden Bridge Boulevard, considering the applicant had property spanning this
entire distance; a right -of -way reservation area was suggested or a layout design for an intemal road that
would eventually become public.
Some of the Commissioners were supportive of the Ml Zoning, but believed there were still many
issues that needed to be addressed by the applicant. In addition, proffers that were verbally revised by
the applicant needed to be reviewed by the staff, the County Attorney, and the Commission in their final
form. The Planning Commission unanimously tabled the rezoning for 60 days to provide enough time
for the applicant to make revisions and address issues raised.
(Note: Commissioner Ruckman was absent from the meeting; Commissioner Oates abstained.)
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
REZONING APPLICATION #09 -09
GRAYSTON E CORPORATION OF VIRGINIA
Staff Report for the Planning Commission
Prepared: December 21, 2009
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Jolm Bishop,, AICP, Transportation Deputy Planning Director
Reviewed Action
Planning Commission: 11/04/09 Tabled 60 Days
01/06/10 Pending
Board of Supervisors: 01/27/10 Pending
PROPOSAL: To rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District,
with proffers, for Office and Manufacturing Uses.
LOCATION: The properties are located on the north side ofRedbud Road (Route 661), the east side
of the CSX Railroad, the west side of Milburn Road (Route 662), and the south of McCanns Road
(Route 838).
PLANNING COMMISSION UPDATE FOR 01/06/10 MEETING:
The Applicant has provided the Planning Commission with a revised Proffer Statement dated
November 17, 2009. The modifications to the Proffer Statement, address the concerns of the County
Attorney and are in the appropriate legal form. Specifically, the Applicant has addressed the improper
expansion of permitted land uses within the M1 District and the expansion of the dimensional
requirements by removing both of them from the Proffer Statement. The Applicant has made several
other minor modifications to the Statement in clarification of specific points.
However, the Applicant has made no substantial modifications to the Proffer Statement to address the
concerns identified during the Planning Commission or in the staff report. Most significantly, the
Applicant has made no changes to the transportation proffers that would address the transportation
impacts of this request.
EXECUTIVE SUMMARY STAFF .CONCLUSION FOR THE 01/06/10 PLANNING
COMMISSION MEETING:
The Graystone rezoning application is generally inconsistent with the land use designation of the
Northeastern Frederick Land Use Plan, an element of the Comprehensive Plan, and does not address
additional goals of the Comprehensive Plan as described in the staff report. The Applicant has not yet
demonstrated how the M1 land use designation is consistent with the land use plan. In addition,
elements of the rezoning application have been identified in the staff report that should be carefully
evaluated to ensure they fully address specific components of the Plan. More specifically, the Planning
Commission should ensure that the impacts associated with this rezoning request have been fully
addressed by the applicant. The Planning Commission should pay particular attention to the following
concerns:
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 2
1) The potential impacts associated with more intensive use ofproperties.__
2) The transportation impacts associated with this request, including the impacts to the planning
and construction of future Route 37.
3) The recommendations of the Historic Resources Advisory Board, particularly regarding
Archeological Resource Surveys, impacts to historical resources and DSA's, and view shed
mitigation through natural and enhanced buffering and screening.
County Attorney, in his review letter of the final 'proffers dated October 16, 2009. Addressed in
11/17/09 Proffer Statement.
The required public hearing was held on November 4, 2009. A recommendation regarding this
rezoning application to the Board of Supervisors would be appropriate. The applicant should be
prepared to adequately address all concerns raised by the Planning Commission.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 3
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: 11/04/09
01/06/10
Board of Supervisors: 01/27/10
PROPOSAL: To rezone 271.39 acres from RA (Rural Areas) District to M1 (Light Industrial) District,
with proffers, for Office and Manufacturing Uses.
LOCATION: The properties are located on the north side of Redbud Road (Route 661), the east side
of the CSX Railroad, the west side of Milburn Road (Route 662), and the south of McCanns Road
(Route 838).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43 -A -158, 44 -A -25 and 44 -A -26
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING PRESENT USE:
North:
South:
East:
West:
RA (Rural Areas) Use:
RA (Rural Areas) Use:
Red Bud Agricultural District
RA (Rural Areas) Use:
Red Bud Agricultural District
R4 (Residential Planned Community)
RA (Rural Areas) Use:
M1 (Light Industrial)
Action
Tabled 60 Days
Pending
Pending,
Agricultural /Vacant
Agricultural/Residential/Historic
Agricultural
Vacant (Snowden Bridge)
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 4
REVIEW EVALUATIONS:
Frederick County Transportation: Please see attached email dated September 25, 2009, fi om..lohn
Bishop, Deputy Director Transportation.
Virginia Dept. of Transportation: Please see attached email from VDOT dated October 6, 2009 and
attached response letter from Greenway Engineering dated October 9, 2009. Final review comment
provided by VDOT on October 20, 2009.
Fire Marshal: Approval for rezoning is contingent upon a second means of emergency access to the
property once construction has begun. Access from Milburn Road and Redbud Road is preferred. Plan
approval recommended.
Public Works Department: 1. Refer to Existing Conditions under Site Suitability. Expand the
discussion to include a reference to the power line which crosses the southern end of the property.
2. Refer to Wetlands under Site Suitability. Include reference locations of all the existing springs within
the proposed development. 3. Refer to Soil Types under Site Suitability. The description of the soil
types should be expanded to include a more thorough description of the site geology. The statement
referencing "minor areas of limestone geology exist on the subject properties" is not correct. In fact, a
majority of the site is underlaid by limestone formations. Developed sinkholes also are present with the
site. In addition, a major thrust fault diagonally bisects this site. It appears that the existing springs are
located in close proximity to this fault. We recommend that detailed geological mapping be performed
and included with the master development plan. The mapping should include, but not be limited to,
approximate locations of limestone and shale formation faults, sinkholes, springs and other pertinent
karst features.
Department of Inspections: No comment required at this time. Shall comment at the time of site
plan review.
Sanitation Authority: A review of our sewer and water systems indicate there should be (1) sufficient
transportation capacity in the sewer lines and treatment capacity at the receiving sewer facility, and (2)
sufficient water line pressure and water supply to serve the parcels for the type of rezoning requested.
Service Authority: No comments.
Winchester Regional Airport: Based on estimated calculation using existing ground elevations in that
area, we do not believe that this rezoning will impact operations of the Winchester Regional Airport;
however, because of the location there is some concern with Section C items 2, 3 and 4 of the proffer
statement regarding the heights of proposed structures. Without knowing the FF elevation we cannot
determine at this time the maximum height allowed to avoid a penetration into the airport's airspace.
That determination would be made upon review of the site plan(s) when submitted. We would request
that the owner be advised that upon review of actual site plan(s), should one or more of the structures
penetrate into the airport's airspace we would request the owner to install FAA approved obstruction
lights which would address any safety concerns.
Rezoning 1109 -09 Graystone Corp. of VA
December 21, 2009
Page 5
Frederick County Attorney: Please see attached letter dated September 16, 2009, from Roderick B.
Williams. County Attorney.
Historic Resources Advisory Board (HRAB): The HRAB met on October 20, 2009. Their comments
are provided in attached letter dated October 21, 2009.
Planning Department: Please see attached Memorandum dated October 2, 2009 from Michael T.
Ruddy, AICP, Deputy Planning Director.
Planning Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were combined to form the RA (Rural Areas) District upon adoption of an amendment
to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re- mapping of the subject properties and all other A -1 and A -2 zoned
land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1]
Land Use.
The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide
guidance on the future development of the property. The property is located within the UDA
and SWSA. In general, the proposed land use is not clearly supported by the Comprehensive
Plan.
The Northeast Frederick Land Use Plan recommends that the land use for this property is
predominantly Planned Unit Development with large areas of identified DSA (Developmentally
Sensitive Area). The Applicant should further demonstrate how the MI land use designation
is consistent with the land use plan.
The Planned Unit Development Concept seeks to create new neighborhoods with an appropriate
balance between residential, employment, and service uses. Areas used for commercial and
industrial land uses shall not exceed 50% of the gross area of the planned community.
Sufficient commercial and industrial areas shall be provided to meet the needs of the planned
community, to provide an appropriate balance of uses and to lessen the overall impact of the
planned community on Frederick County.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 6
The proposed Ml (Light Industrial) designation is intended to provide for a variety of light
manufacturing, commercial office and heavy commercial uses in well planned industrial
settings. Uses are allowed which do not create noise smoke, dust or other hazards. Uses are
allowed which do not adversely_ affect nearby residential or business areas. Such industrial areas
shall be provided with safe and sufficient access.
In general, the Northeast Frederick Land Use Plan was designed to provide for a balance of land
uses which includes industrial and commercial growth along the major road and railroad
corridors, the introduction of a planned unit development (PUD) land use, and the preservation
of rural areas and significant historic features within the study area boundaries. Future land uses
within the study area boundary should be sensitive to existing and planned land uses.
Identified Developmentally Sensitive Areas (DSA 's)
The Study of Civil War Sites in the Shenandoah Valley. published by the National Park Service,
identifies a portion of the Graystone rezoning site as being within the Second Winchester Study
Area and a large portion of parcel 44 A -25 is within the Core Battlefield. This core area is part
of Stephenson's Depot (Second Winchester Phase 9). The core area of the Second Winchester
Battlefield (Stephenson's Depot) on this site is shown as having retained much of its historic
integrity according to the Study of Civil War Sites in the Shenandoah Valley. Portions of the
site are also within the study area of the Third Battle of Winchester (Opequon) and adjacent to
its core. Portions of this site are designated as Development Sensitive Area in the Northeast
Land Use Plan of the Frederick County Comprehensive Policy Plan. See the attached maps for
further information.
The Rural Landmarks Survey Report for Frederick County, Virginia, identifies seven
structures /sites within the immediate area of the subject site; one structure was located on -site.
The sites that are listed in the survey are:
1. Carter Hardesty House #34 -112) was located on site but burned and was demolished
2. Byers House #34 -1124)
3. Godfries Semples House #34 -135)
4. Helm- McCann Property #34 -703)
5. Rutherford's Farm #34 -727) site consists of historical markers and foundations
6. McCann, Thomas House #34 -729)
7. Milburn Chapel Cemetery #34 -950)
Red Bud Agricultural and Forestal District
The Frederick County Board of Supervisors established the Red Bud Agricultural Forestal
District, consisting of 879.98 acres in the Stonewall Magisterial District, on May 1", 2006.
Several properties located to the east of this project, directly across Milbum Road, and
properties to the south, directly across Red Bud Road, which also contain significant historic
resources, are included within the Red Bud Agricultural and Forestal District. The Red Bud
Agricultural Forestal District was created to contribute to the conservation and preservation
of agricultural and forestal land in Frederick County.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page.?
Transportation
The Frederick County Eastern Road Plan the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations: Plans for new development should provide for the right -of -ways
necessary to implement planned road improvements and new roads shown on the road plan
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Comprehensive Plan 7 -206).
The Comprehensive Plan calls for a number of significant roadway improvements which impact
this property. Number one among those improvements is the Route 37 corridor and
interchange. The Route 37 corridor has long been a planned arterial roadway connecting the
eastern part of the County, and extreme care should be taken not to undermine this goal. In
addition, the Comprehensive Plan calls for a public roadway connection between Snowden
Bridge Boulevard and Redbud Road. Per the plan, this will allow the 1 -81 northbound exit ramp
to Route 11 to be relocated which will improve traffic safety and flow on Route 11. Snowden
Bridge Boulevard is a proffered major collector road improvement that implements the
County's Eastern Road Plan.
Site Access and design.
The most recent proffers for this site indicate three entrances to Snowden Bridge, and allows
that one will move: As this application moves forward due diligence will need to be given to
make sure that no proposed entrances negatively impact the future implementation or
functionality of Route 37.
Site SuitabilitylEnvironment
This property contains areas of Green Infrastructure elements and features including; areas of
wetlands, areas ofkarsttopography, and Developmentally Sensitive Areas. Such features could
be incorporated into the project to a greater extent than is presently provided, in particular at the
properties perimeter. Low Impact Design methods could be implemented throughout the
development of this site, as could the use of LEED (or equivalent) land development and
building design standards.
It has been recommended that additional commitments are evaluated and made to adequately
address the potential impacts on the historic and natural resources, both on the site and adjacent
to the site. This could be done in coordination with adjacent stakeholders. Collaboration, now or
in the future, with adjacent historical stakeholders would appear to be appropriate and beneficial
to the project. The HRAB would be an important resource to help facilitate this collaboration.
It is suggested that the Applicant is proactive in this regard. Please refer to the comments
provided by the HRAB in this regard.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 8
The potential exists to further promote the use of the existing adjacent roads for historical
recreational open space corridors as previously recognized. As part of this effort, it is suggested
that the buffers adjacent to _Battlefield preservation properties, easements, and historical
corridors should be tailored; potentially in conjunction with historical stakeholders and the
Virginia Department of Forestry. As an example, the adjacent development proposed creating
naturally vegetated or natively planted buffer areas, even proposing re- vegetation at a specific
rate of trees per acre. Such an approach would appear to be effective with this project.
It would appear to be necessary for the Applicant, through the proffer statement, to provide
some guidance as to the phases of site development and constructability of the site to ensure
that any potential impacts to adjacent properties, environmental resources, and historical
resources are mitigated or, more importantly, avoided.
Potential Impacts
Transportation
Applicant's Transportation Program
To offset the transportation impacts of this 271.39 acre RA to M1 rezoning, this
applicant has offered a number of transportation proffers. The proffers of this
application provide partial right -of -way dedication for Route 37 and an interchange on
their property, advance the implementation of Snowden Bridge Boulevard ahead of the
previous Snowden Bridge Proffer for this improvement, limit the number of entrances
onto Snowden Bridge, limit access to Redbud Road and Milburn Road to emergency
access, eliminate any access to McCann Lane, provide inter parcel access, and note that
the applicant will apply for public assistance mechanisms in implementing the proffers.
As noted below, the proffers do nothing to address Route 11, which will handle all of
the development trips for the foreseeable future, does not dedicate adequate right -of-
way for Route 37 and places high cost requirements on the County to attain even the
dedicated portion of the right -of -way, does not address bicycle and pedestrian needs,
and does not offer a public roadway connection between Redbud Road and Snowden
Bridge Boulevard
Traffic Impact Analysis.
The traffic impact analysis (TIA) prepared for this application assumed 1,749,000
square feet of office and 570,000 square feet of manufacturing. This amount provides
the basis for the Traffic Impact Analysis. It should be recognized that the Applicant's
proffer statement presently provides no limitations on the amount of M1 (Light
Industrial) development that could occur on the property. It has been requested that the
Ml district performance standards be modified to double the FAR from 1 FAR to 2
FAR which would have an impact on the amount and intensity of the development.
Rezoning #09 -09 Graystone Corp. of VA
December 21 2009
Page 9
The 'HA indicates that this application will degrade the level of service at a number of
intersections.(see included fold out graphic of TIA results). Please note that these
degradations occur even though staff and VDOT worked diligently with the applicant
to base traffic generation off of real world projects such as Fort Collier Industrial Park
and the Avion Office Park in Chantilly. Further, the TIA takes credit for the relocation
of Redbud`Road to an intersection with Snowden Bridge. The County and VDOT
allowed the TIA to be scoped this way due to the applicant's willingness to work with
the County and. VDOT if this connection was desired. However, recent
communications from the applicant indicates that they are not willing to be part of this
solution. Had this position been taken earlier, it would have impacted the scoping of
the TIA.
Construction and site development.
The potential exists for the site development and construction of the project to be
impactful to the surrounding community and land uses. The Applicant should be
proactive in ensuring that any potential impacts to adjacent properties and historical
resources are mitigated or, more importantly, avoided. Efforts to achieve this in the
planning stages are appropriate given the scale and location of this project.
B. Design Standards
The Applicant has requested modifications to several of the M1 (Light Industrial)
Zoning District design standards which would enable a more intensive development of
the property. It is not acceptable for a proffer statement to allow increases to
development and design standards that exceed those current standards explicitly
designed for the district. Doubling the FAR and height increases for Office Buildings
and Parking Structures is not permissible by proffer. Mr. Rod Williams, County
Attorney, has provided his opinion regarding this matter, which should be recognized.
The appropriate approach to address the above issues is through potential modifications
to the standards of the Zoning Ordinance. Such an approach was initiated by the
Applicant.
The Applicant has proffered to establish requirements for outdoor green areas and/or
outdoor plaza areas. However, the amount of, and timing of, the development of the
proposed outdoor green areas and plazas has not been defined.
The Applicant has proffered to establish internal asphalt trails a minimum of eight feet
in width. The minimum expectation for the width of any trail is ten feet. In conjunction
with Mr. Bishop's comments, the location of the internal trail system should be
addressed further to ensure it provides connectivity with adjacent land uses and
historical elements, and at a minimum to the previously proffered trail system that is
part of Snowden Bridge Boulevard. The GDP could be used to a greater extent to
identify this. The connectivity of the trail system goes beyond that of just this project.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 10
The Applicant has proffered to establish a 100 feet green space buffer area along the
northern boundary of the property. In addition, the Applicant has proffered to provide
for evergreen landscaping along the Redbud Road frontage of an adjacent property
owned by the Shenandoah Valley Battlefields Foundation. This buffer is undefined and
is conditioned upon the approval and furnishing of a landscape easement by the adjacent
property owner. This constitutes the extent of the Application's effort to address the
unique historic resources of the immediate area and surrounding properties. The
comments offered by the HRAB support the clear expectations of the Comprehensive
Plan in this regard Please refer to the recommendations of the HRAB for additional
guidance.
C. Community Facilities
The development of this site will have an impact on Fire and Rescue Services. However,
it is recognized that commercial and industrial uses generally provide a positive impact
on community facilities through the additional generation of tax revenue. This
application makes an effort to address the impacts to Fire and Rescue services by
providing a monetary contribution in an "amount of $0.05 per square foot of developed
commercial structural area. Please recognize that this is generally Less of a monetary
contribution per square foot than proffered on more recent rezoning requests.
5) Proffer Statement Dated August 24, 2009 with latest revision October 9, 2009
B) Generalized Development Plan
The Applicant has proffered a .GDP for the property which would guide the
development of the property. This GDP is very general and provides a minimal amount
of detail, but does identify the general location of the future Route 37 corridor study
area and future Snowden Bridge Boulevard and their associated interchange and
intersections. Two specific locations of green space buffer areas have been identified;
one on -site adjacent to McCanns Road, and one off -site on property owned by the
Shenandoah Valley Battlefields Foundation. At this time there, has been no indication
that the SVBF is aware of and in agreement with, this proffer.
C) Land Use
The Applicant has requested the Ml (Light Industrial) Zoning District classification. In
doing so, the Applicant also requests an interpretation allowing additional land uses. It
is not acceptable for a proffer statement to include uses that are not presently
permitted within this district. Further, a proffer statement should not interpret the
permissibility ofparticular uses. That role is designated to the Zoning Administrator.
This is further clarified by the County Attorney in his review letter dated October 16,
2009.
The appropriate approach is to address this through potential modifications to the
standards of the Zoning Ordinance, specifically the permitted uses within each district.
Such an approach was initiated by the Applicant, but for a different zoning district
(OM).
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 11
Specifically, Financial Institution Offices and Medical Offices are permitted in other
commercial zoning districts. Research- and Development Offices are currently
permitted within the M1 District. In addition, any future amendments to the permitted
uses within the M1 District would be permitted on any M1 zoned property that does not
have a specific proffer prohibiting such a use.
Site Design
The Applicant has requested modifications to several of the MI (Light Industrial)
Zoning District design standards which would enable a more intensive development of
the property. It is not acceptable for a proffer statement to allow increases to
development and design standards that exceed those current standards explicitly
designed for the district. Doubling the FAR and height increases (90 feet for Office
Buildings and 70' for Parking Structures) is not permissible by proffer. This is further
clarified by the County Attorney in his review letter dated October 16, 2009.
The appropriate approach is to address this through potential modifications to the
standards of the Zoning Ordinance Such an approach was initiated by the Applicant.
The Applicant has proffered to establish requirements for outdoor green areas and /or
outdoor plaza areas. It would be preferable for the Applicant to further define the
amount of, and timing of, the development of the proposed outdoor green areas and
plazas.
The Applicant has proffered to establish internal asphalt trails a minimum of eight feet
in width. The location of the internal trail system should be addressed further to
ensure it provides connectivity with adjacent land uses and historical elements, and at
a minimum to the previously proffered trail system that is part of Snowden Bridge
Boulevard. The GDP could be used to a greater extent to identify this. The
connectivity of the trail system goes beyond that of just this project. In addition, the
minimum expectation for the width of any trail is ten feet.
The Applicant has proffered to establish a 100 feet green space buffer area along the
northern boundary of the property. In addition, the Applicant has proffered to provide
for evergreen landscaping along the Redbud Road frontage of an adjacent property
owned by the Shenandoah Valley Battlefields Foundation. This buffer is undefined and
is conditioned upon the approval and furnishing of a landscape easement by the
adjacent property owner. This constitutes the extent of the Applications effort to
address the unique historic resources of the immediate area and surrounding properties.
It is recognized that in some locations a zoning district buffer would be required.
However, it has been recommended that the proffered buffering and landscaping should
propose buffering and Landscaping that would exceed the minimum expectation of the
Ordinance. In addition, given the historical character of the surrounding land uses, there
is an expectation of a more significant effort with regards to buffering and landscaping.
This is a clear expectation of the Comprehensive Plan. Please refer to the
recommendations of the HRAB for additional guidance.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 12
Transportation
Route 37 Dedication (Proffers D1,D2,D3)
The applicant -has: proffered to dedicate 225 feet of right of way for the corridor and
enough right -of -way for a diamond. interchange 800 feet in width with a study area of
up to 350 feet available for purchase. The applicant has based the corridor needs on
existing Route 37 west. There is no proffer that would help the County to obtain Route
37 right of way in neighboring parcels.
Staff would note that the Board of Supervisors adopted a 350 feet wide corridor in
this location based upon guidance from VDOT engineers. To base what should be
the dedication on Route 37 west is inappropriate. Further, without including the
interchange areas, the Route 37 west right of way is highly variable and ranges from
just over 200 feet to nearly 400 feet in width. As with all rights of way, it varies
based upon the needs of specific locations along its length and current standards.
This should only serve to highlight the fact that specific VDOT guidance for this site
should be followed as opposed to assumptions from sections of the 30 year old Route
37 west. Finally, it should again be noted that staff is adamantly against the
dedication and reservation proffer language giving the County five years to complete
the final engineering and design ofthe roadway. This would be an extremely costly
and time consuming effort for which it is well known that there is presently no
funding.
Redbud Road Relocation
The applicant has not proffered any connection to Redbud Road from Snowden Bridge
Boulevard.
From the first meetings held with the applicants and their representatives, staff has
made dear that there is a need for a public road connection between Redbud Road
and Snowden Bridge Boulevard. This would allow the County to sever the currentl-
81 NB ramp connection to Route 11 and move it to the area where the intersection
between Redbud and Route 11 currently exists. This is a significant need to improve
Route 11 traffic. The applicant has consistently stated that if the County wished to
push for the connection between Redbud and Snowden Bridge, they would be willing
to work with the County. However, recent written comment responses received
indicate this is no longer the case.
Trail System
The applicant has not proffered any public trail connections.
Staff would note that the Snowden Bridge Development, Rutherford Shopping
Center, and the Battlefield Property all have either proffered or implemented bicycle
and pedestrian improvements. This property sits in the middle of all these uses and
is the final piece needed to create the County's first interconnected trail system
which would link the areas where County residents live, work, shop, and recreate.
The applicant has noted security concerns ofpotential tenants. Staff would note that
bikers and walkers using a trails system that parallels the roadways pose less of a
threat than the vehicles.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 13
Route 11 Improvements
The applicant has made no proffers to offset impacts to Route 11.
Staff would note that there are a number of ways that this applicant could help to
offset Route 11 impacts. Among these would be to construct a connection between
Redbud Road and Snowden Bridge Boulevard or to partner with the County and
[DOT in providing additional southbound capacity from 1 -81 to Route 37.
Community Facilities
This application makes an effort to address the impacts to Fire and Rescue services by
proffering a monetary contribution in an amount of $0.05 per square foot of developed
commercial structural area. Please recognize that this is generally less of a monetary
contribution per square foot than proffered on more recent rezoning requests. 1n
addition, the trigger for this contribution is prior to the issuance of a Certificate of
Occupancy. This should be changed to reflect the appropriate timing, which is prior
to the issuance of a building permit
STAFF CONCLUSIONS FOR THE 11/04/09 PLANNING COMMISSION MEETING:
The Graystone rezoning application is generally inconsistent with the land use designation of the
Northeastern Frederick Land Use Plan, an element of the Comprehensive Plan, and does not address
additional goals of the Comprehensive Plan as described in the staff report. The Applicant has not yet
demonstrated how the MI .land use designation is consistent with the land use plan. In addition,
elements of the rezoning application have been identified in the staff report that should be carefully
evaluated to ensure they fully address specific components of the Plan. More specifically, the Planning
Commission should ensure that the impacts associated with this rezoning request have been fully
addressed by the applicant. The Planning Commission should pay particular attention to the following
concerns:
1) The potential impacts associated with more intensive use of properties.
2) The transportation impacts associated with this request, including the impacts to the planning
and construction of future Route 37.
3) The recommendations of the Historic Resources Advisory Board, particularly regarding
Archeological Resource Surveys, impacts to historical resources and DSA's, and view shed
mitigation through natural and enhanced buffering and screening.
4) The problematic language contained within the Proffer Statement regarding expansion of uses in
the District and associated design standards; as further iterated by Mr. Rod Williams, Frederick
County Attorney, in his review letter of the final proffers dated October 16, 2009.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning #09 -09 Graystone Corp. of VA
December 21, 2009
Page 14
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/04/09 MEETING:
VDOT's representative, Mr. Lloyd Ingram, responded to questions from the Commission regarding the
transportation system's ability to accommodate this development, along with adjacent residential and
background traffic. Mr. Ingram said until Route 37 is connected to I -81, the LOS for the transportation
system will continue to deteriorate, depending on the timing and the rate of construction; he said Route
11 will be challenged. Mr. Ingram was not aware of anything offered with the rezoning application to
enhance the maneuverability and flow of traffic on Route 11. He said Route 37, closing Redbud Road,
and re- aligning the off -ramp would be the key to transportation in this entire northern section. With
regard to the proffered 225 feet, Mr. Ingram stated that on Route 37 northbound, where it ties into Route
50, an elevated roadway is planned; he said the flyover from one side to the other is about 340 feet: If
CD lanes are placed, VDOT will need a minimum of 350 feet.
During the public comment portion of the public hearing, the Executive Director of the Shenandoah
Valley Battlefields Foundation (SVBF), W. Denman Zirkle, provided comments on behalf of the SVBF
and presented a letter, dated November 3, 2009. Mr. Zirkle said the applicant's proposed building
heights present a concern because more than 570 acres of preserved land lie immediately to the south of
the subject property. Much of this landscape appears as it did to residents and soldiers at the time of the
Second and Third Battles of Winchester and the land retains its historic, agricultural character with very
few modern visual intrusions. He said the proposed 90 -foot office buildings and a 70 -foot parking
garage will dramatically change the historic character of the landscape that so many have invested in
and worked diligently to preserve. The final concern raised by Mr. Zirkle was the applicant's proposal
to place landscaping buffer on SVBF land; he said it would not be permissible for SVBF to convey
interest in their land to a third party through easement.
The applicant's representative, Mr. Evan Wyatt with Greenway Engineering, addressed issues raised by
the staff and reviewing agencies. Regarding conformity to the Comprehensive Policy Plan, Mr. Wyatt
stated that the office and industrial park proposed by Graystone would provide employment
opportunities for the Stephenson Village /Snowden Bridge projects. He noted that the project's major
intersection, Snowden Bridge Boulevard and Route 11, functions at a LOS "D," which has previously
been viewed as acceptable for economic development projects. Other intersections showing
deficiencies are along Route 11, at the Welltown Road intersection, at the northbound off -ramp with I-
81, and at the intersection of Old Charlestown Road. He said these intersections, showing deficiencies
of "E" and "F" in the LOS, are in the same place with background traffic as they are for this
development. Mr. Wyatt said the applicant is willing to assist in improving the LOS at these locations.
When questioned about the possibility of the County losing the reserved Route 37 right -of -way after
eight years, Mr. Wyatt said that once the eight -year time line expires, the applicant will either dedicate
225 feet of right -of -way or the applicant can continue the time line, if there is no need to worry about
land use in that area. Considering comments from the HRAB, Mr. Wyatt said they will meet all
requirements of the zoning ordinance. Mr. Wyatt said the applicant agrees to eliminate the increased
FARs and taller building heights and would amend the proffer before it goes to the Board of
Supervisors. Regarding the buffer on SVBF property, Mr. Wyatt stated the applicant was not interested
in acquiring SVBF land, but merely requesting permission to do landscaping on SVBF property because
the ordinance does not require buffering between the applicant's site and the SVBF's property.
Rezoning #09 -09 Graystone Corp. of VA-
December 21, 2009
Page 15
A number of issues were raised and discussed by the Commission. The difference in the right -of -way
_width dedicated by the applicant for the Route 37 corridor, 225 feet, and the amount officially adopted
by the Board of Supervisors and recommended by VDOT, 350 feet. The difference in width would
present a significant cost to the taxpayers to purchase the additional right -of -way. The eight -year time
frame designated by the applicant for the Route 37 right -of -way reservation was a concern. There were
questions about why the time line couldn't be extended to 15 years, since the applicant's speculation for
build -out was 30 -plus years. Any dedication of right -of -way less than 350 feet was considered
unrealistic, considering topography and engineering. There were no restrictions or limitations placed on
the M1 uses, especially from the standpoint of transportation, land use, and visual impacts on the
surrounding community. There was no phasing plan. Transportation impacts were anticipated to be
experienced along Routes 7, 11, 522, and I -81: There was an expectation for the connection at Redbud
and the off -ramp to Snowden Bridge Boulevard, considering the applicant had property spanning this
entire distance; a right -of -way reservation area was suggested or a layout design for an internal road that
would eventually become public.
Some of the Commissioners were supportive of the M1 Zoning, but believed there were still many
issues that needed to be addressed by the applicant: In addition, proffers that were verbally revised by
the applicant needed to be reviewed by the staff, the County Attorney, and the Commission in their final
form. The Planning Commission unanimously tabled the rezoning for 60 days to provide enough time
for the applicant to make revisions and address issues raised.
(Note: Commissioner Ruckman was absent from the meeting; Commissioner Oates abstained.)