HomeMy WebLinkAbout01-12 ApplicationCOUNTY of FREDERICK
Department of Planning and Development
540/665.5651
FAX: 540/665-6395
March 15, 2012
Mr. Gary R. Oates, LS -B, PE
GreyWolfe, Inc.
1073 Redbud Road
Winchester, VA 22603
RE: REZONING #01 -12, SNOWDEN BRIDGE STATION
PINS: 43-A-143,43-A-144,43-A-145,43-A-146, and 43 -A -147
Dear Gary:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of March 14, 2012. The above - referenced application was approved to rezone 6.512 acres
from RA (Rural Areas) District and 6.180 acres from RP (Residential Performance) District, totaling
12.692 acres, to Ml (Light Industrial) District, with proffers. The properties are located adjacent to
CSX Railroad, 620 feet east of Route 11 on the north side of Snowden Bridge Boulevard, in the
Stonewall Magisterial District.
The proffer statement, originally dated July 18, 2011, with final revision date of January 9, 2012, 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 §165.102.06E, 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.
Sincerely, _
/ Michael T. Ruddy, AICP
Deputy Planning Director
MTR/bad
Attachment
cc: Charles DeHaven, Jr., Stonewall Magisterial District Supervisor
Stan Crockett, Stonewall Magisterial District Commissioner
.lane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney w /Proffer and Resolution
John Omps and Keven Omps, 1800 Martinsburg Pike, Winchester, VA 22603
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
REZONING APPLICATION 901 -12
SNOWDEN BRIDGE STATION
Staff Report for the Board of Supervisors
Prepared: March 5, 2012
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 02/15/12 Recommended Approval
Board of Supervisors: 03/14/12 Pending
PROPOSAL To rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP
(Residential Performance) District, totaling 12.692 acres to MI (Light Industrial) District, with proffers.
LOCATION The properties are located adjacent to CSX Railroad, 620 feet east of Route 1 1 on the
north side of Snowden Bridge Boulevard.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/14/12 BOARD OF
SUPERVISORS MEETING:
This is an application to rezone a total of 12.692 acres of land from the RP (Residential Performance)
and RA (Rural Areas) Districts to the Ml (Light Industrial) with proffers to accommodate industrial
uses. The proposed light industrial land use in this application is consistent with the goal of the 2030
Comprehensive Plan. With this rezoning, the applicant has proffered to dedicate the necessary right -of-
way to construct a connection, Ezra Avenue, through the property to the adjacent property consistent
with the Northeast Land Use Plan. The application has addressed the concerns identified, including
those comments previously offered by Frederick County Transportation regarding bicycle and
pedestrian accommodations.
The Frederick County Planning Commission recommended approval of this request.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Rezoning #01 -12 Snowden Bridge Station
March 5, 2012
Page 2
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: 02/15/12 Recommended Approval
Board of Supervisors: 03/14/12 Pending
PROPOSAL To rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP
(Residential Performance) District, totaling 12.692 acres to M 1 (Light Industrial) District, with proffers.
LOCATION The properties are located adjacent to CSX Railroad, 620 feet east of Route 11 on the
north side of Snowden Bridge Boulevard.
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS 44-A-143,44-A-144,43-A-145, 43 -A -146 and 43 -A -147
PROPERTY ZONING RA (Rural Area) and RP (Residential Performance)
PRESENT USE Vacant and residential
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RA (Rural Area)
Use:
Nursery
South:
Ml (Light Industrial)
Use:
Vacant/North Stephenson, Inc.
East:
Ml (Light Industrial)
Use:
Vacant/Graystone Industrial Park
West:
RA (Rural Areas)
Use:
Vacant
• r
Rezoning #01 -12 Snowden Bridge Station
March 5, 2012
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see attached two e- mails, both dated September 6, 2011,
from Matthew Smith of VDOT.
Fire Marshal Approved.
Public Works Department: We do not have any comments regarding the proposed rezoning.
However, we do recommend that future MDPs include a statement regarding the disposition ofexisting
wells and drainfields.
Department of Inspections: No comment provided.
Sanitation Authority: Sewer: There is sufficient line and treatment capacity to serve this site. The
Authority no longer allows a force main to connect to another force main. Forced sewer is to be
brought to a manhole or pump station. Water: There is sufficient water pressure in this area. But, due
to current and presently allocated demand, there is a possibility ofnot having sufficient water volume to
serve this site when it is developed.
Service Authority: No comments.
Frederick - Winchester Health Department Health Department has no objection to the request as
stated, so long as no existing or proposed drainfields and wells are negatively impacted.
Historic Resources Advisory Board Upon review of the proposed rezoning, it appears that the
proposal does not significantly impact historic resources and it is not necessary to schedule a formal
review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are
no significant historic structures located on the properties nor are there any possible historic districts in
the vicinity. It is noted that the National Park Service Study of Civil Ware Sites in the Shenandoah
Valley does identify this property as being located within the study area of the Second and Third
Opequon Battles of Winchester. However, the general vicinity of this site is identified by the Study as
having lost its integrity.
Department of Parks & Recreation No comment.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it
Will not impact operation at the Winchester Regional Airport.
Frederick County Public Schools We offer no comments on this application.
Frederick Countv Attorney: Please see attached letter dated August 15, 201 1, from Roderick B.
Williams, County Attorney.
0
Rezoning- #01 -12 Snowden Bridge Station
March 5, 2012
Page 4
Transportation: The County's adopted Comprehensive Plan calls for complete streets throughout the
County. Complete streets consider all potential users of the transportation system. Bicycle and
pedestrian improvements should be included along the frontage consistent with what has been put in
place at Rutherford Crossing and is planned to be put in on the Greystone Development. Staff is very
concerned that the levels of traffic from this proposed development would require a signal at the
intersection with Snowden Bridge Boulevard. Spacing for this proposed signal from the intersection of
Snowden Bridge and Route 11 would be well below VDOT spacing standards. Considering the
importance of Snowden Bridge Boulevard in the County's transportation plan, situations that degrade
overall capacity and do not meet standards should be avoided. Development should be limited to a
level that would not require a signal or else a future right in/right out condition should be considered as
alternatives to signalizing this entrance. In addition, other access points should be considered as
properties to the north develop in order to ease traffic pressures at this point.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies
the majority of the subject property as being zoned A -2 (Agriculture 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 zoning map resulted in the re- mapping of this portion ofthe subject property and
all other A -1 and A -2 rezoned land to the RA District. The remainder of the property was
identified as being zoned R -3. The R -3 (Residential - General) District zoning classification was
modified to RP (Residential Performance) District on February 14, 1990, during the
comprehensive amendment to the County's Zoning Ordinance. The portion of the subject
property that is zoned RP has remained RP (Residential Performance) District since that time.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2030 Comprehensive 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.
The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
In order for any proposed rezoning to be approved, the applicants will be expected to contribute
a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed
development. Such contributions can be in the form of cash, dedicated land, or constructed
improvements or in any other manner consistent with the Code of Virginia. [2030
Comprehensive Plan, Implementing the Plan, V]
0
Rezoning #01 -12 Snowden Bridge Station
March 5, 2012
Page 5
Rezoning requests should be evaluated to determine their potential impacts on public facilities.
Costs to the County should be estimated in terms of what impact the development, which could
result from the proposed rezoning, would have on public facilities and infrastructure. [2030
Comprehensive Plan, Implementing the Plan, V]
Rezoning requests should not be approved unless the net impacts on public facilities are
positive, or unless the negative impacts can be adequately addressed through proffers or some
other means. A request for rezoning may be turned down even though all fiscal impacts appear
to be addressed. If there are other impacts which are not addressed by the rezoning application,
or if the request does not conform to this plan, a similar method should be developed for
determining the impacts of proposed developments on transportation systems and other public
facilities. [2030 Comprehensive Plan, Implementing the Plan, V]
Land Use.
The North East Land Use Plan, Appendix I of the 2030 Comprehensive Plan, recognizes that
this property is planned for industrial land uses. In addition, the adjacent area is planned for
industrial and commercial land uses. The property is located within the County's Sewer and
Water Service Area.
Site Access and Transportation.
Access to this site will be via a connection to Snowden Bridge Boulevard that would align with
an access point already approved with the North Stephenson, Inc., rezoning application. The
adjacent North Stephenson, Inc., rezoning application proffered the necessary right- of-way for
the development of Snowden Bridge Boulevard. Construction of Snowden Bridge Boulevard is
coordinated through several projects including North Stephenson Inc., Graystone, and Snowden
Bridge. Snowden Bridge Boulevard connects to Route 11, Martinsburg Pike, at the entrance to
the Rutherford Farm Development (Target and Lowes).
The Eastern Road Plan and the North East Land Use Plan call for a road to be constructed
through this property to the adjacent future commercial development to the north. It is this road
that is being used for direct access to the site.
Environment.
Issues concerning water quality, quantity, use, and protection of water resources are directly
related to land development activities. Water supplies are needed to support development, while
surface and groundwater are potentially affected by development activities 12030
Comprehensive Plan, Section VII, Natural Resources].
I-Ii.story
According to the Rural Landmarks Survey, there are no significant historic structures located on
the properties nor are there any possible historic districts in the vicinity. It is noted that the
National Park Service Study of Civil War Sites in the Shenandoah Valley does identify this
property as being located within the study area of the Second and Third Opequon Battles of
Winchester. However, the general vicinity of this site is identified by the Study as having lost
its integrity.
Rezoning 401 -12 Snowden Bridge Station
March 5, 2012
Page 6
3) Site Suitability /Environment
The site is not located within or near any 100 year floodplains. In addition, there are no
woodlands or other environmental features on the site. This area is, however, known for karst
topography and special attention should be paid during development for potential sinkholes and
related impacts.
4) Potential Impacts
Frederick County Transportation Comments:
The development of Snowden Bridge Station, as proposed, is in keeping with the currently
adopted Eastern Road Plan. Snowden Bridge Boulevard crosses this development from west to
east, which will provide access to the recently rezoned Graystone Industrial Park and beyond
that, the Snowden Bridge Residential development. On the south side of Snowden Bridge
Boulevard, Redbud Road is planned to be realigned to intersect with Snowden Bridge
Boulevard at the proposed intersection in this rezoning or at some point within the Graystone
development. The preferred location for that realignment, for reasons of safety and traffic
flows, would be the Graystone location. Key concerns with this proposed rezoning are as
follows:
Regarding the future signal
The spacing between this proposed future signal and the intersection of Route 11 and
Snowden Bridge Boulevard does not meet state standards. That said, it is unlikely that,
long term, a signal can be avoided at this location without removing the ability to
develop the property. Staff continues to reinforce the following recommendations in
order to reduce future negative impacts:
A. Pursue development with low trip generation impacts.
B. Provide connectivity to the north in order to maximize opportunities for
other outlets to the transportation system as northern properties develop
in the future.
C. That Redbud road be realigned within the Graystone development.
2. Regarding Bicycle and Pedestrian Accommodations
Staff seeks assurance that this development provides bicycle and pedestrian
accommodations that tic into current and planned systems. Currently, no bicycle and
pedestrian accommodations have been made. To be addressed with site development.
5) Proffer Statement — Dated July 18, 2011 and revised on January 9, 2012
A) Allowed Uses:
All of the uses permitted in the MI (Light Industrial) District would be allowed. No
additional restrictions have been proffered by the Applicant.
0 •
Rezoning #01 -12 Snowden Bridge Station
March 5, 2012
Page 7
B) Access Management and Transportation.
Ezra Lane is proffered to be constructed in the general location shown on the plat that
accompanies the proffer statement from Snowden Bridge Boulevard to Nulton Lane.
The road will be built to VDOT standards for ultimate acceptance by the State. Ezra
Lane is the only access to the property. It should be noted that while the right -of -way
will be provided to the adjacent property to the north, the construction of future Ezra
Lane does not extend all the way to the adjacent property line, only to Nulton Lane.
The Applicant has proffered to install signalization improvements at the intersection of
Ezra Drive and Snowden Bridge Boulevard as specified by VDOT.
C) Site Development:
The Applicant will construct water and sewer to and along Ezra Lane, and will provide
an easement to allow the adjacent properties to connect. No other site improvements
have been proffered. It should be noted that the North Stephenson, Inc., proffers include
landscaping in the form of street trees along Snowden Bridge Boulevard, which by
default, is across the frontage of this property.
D) Mitigating the he Impact of Development:
The Applicant has proffered a cash contribution in the amount of $0.10 per building
square foot to be directed to Frederick County Fire and Rescue. The purpose of this
dedication would be to assist in the capital facility needs of fire and rescue associated
with the development of this property.
STAFF CONCLUSIONS FOR THE 02/15/12 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 12.692 acres of land from the RP (Residential Performance)
and RA (Rural Areas) Districts to the M1 (Light Industrial) with proffers to accommodate industrial
uses. The proposed light industrial land use in this application is consistent with the goal of the 2030
Comprehensive Plan. With this rezoning, the applicant has proffered to dedicate the necessary right -of
way to construct a connection, Ezra Avenue, through the property to the adjacent property consistent
with the Northeast Land Use Plan. The application has addressed the concerns identified with the
exception of those comments previously offered by Frederick County Transportation's regarding bicycle
and pedestrian accommodations. It should be noted that at this time final comment has not been
received from VDOT.
PLANNING COMMISSION SUMMARY & ACTION OF THE 02/15/12 MEETING
The representative for this rezoning application, Mr. Tim Stowe with Stowe Engineering, PLC, stated
they are currently working on a master development plan which will address the pedestrian and bicycle
issue for all of the properties included in the North Stephenson area, as well as this rezoning area. Mr.
Stowe noted they are restrained by where they can access this property, but believe they've done the
best possible with the access point on Ezra Lane.
There were no public comments.
Rezoning #01 -12 Snowden Bridge Station
March 5, 2012
Page 8
A member of the Commission recognized the intersection is probably not in the perfect location, but did
not think it was significant enough not to go forward. A motion was made, seconded, and unanimously
passed to recommend approval of the rezoning with the proffers offered by the applicant.
The vote was as follows:
YES (TO REC. APPROVAL) Unger, Ambrogi, Manuel, Crockett, Wilmot, Madagan, Lemieux
ABSTAIN Oates, Kenney
(Note: Commissioners Thomas, Triplett, Mohn, and Crosen were absent from the meeting.)
REZONING APPLICATION #01 -12
SNOWDEN BRIDGE STATION
Staff Report for the Planning Commission
Prepared: January 30, 2012
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 02/15/12 Pending
Board of Supervisors: 03/14/12 Pending
PROPOSAL To rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP
(Residential Performance) District, totaling 12.692 acres to Ml (Light Industrial) District, with proffers.
LOCATION The properties are located adjacent to CSX Railroad, 620 feet east of Route 11 on the
north side of Snowden Bridge Boulevard.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/12 PLANNING
COMMISSION MEETING:
This is an application to rezone a total of 12.692 acres of land from the RP (Residential Performance)
and RA (Rural Areas) Districts to the M1 (Light Industrial) with proffers to accommodate industrial
uses. The proposed light industrial land use in this application is consistent with the goal of the 2030
Comprehensive Plan. With this rezoning, the applicant has proffered to dedicate the necessary right -of-
way to construct a connection, Ezra Avenue, through the property to the adjacent property consistent
with the Northeast Land Use Plan. The application has addressed the concerns identified, with the
exception of those comments previously offered by Frederick County Transportation regarding bicycle
and pedestrian accommodations. It should be noted that at this time final comment has not been
received from VDOT.
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.
9
Rezoning #01 -12 Snowden Bridge Station
January 30, 2012
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to fire
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: 02/15/12 Pending
Board of Supervisors: 03/14/12 Pending
PROPOSAL To rezone 6.512 acres from RA (Rural Areas) District and 6.180 acres from RP
(Residential Performance) District, totaling 12.692 acres to M1 (Light Industrial) District, with proffers.
LOCATION The properties are located adjacent to CSX Railroad, 620 feet east of Route 1 1 on the
north side of Snowden Bridge Boulevard.
MAGISTERIAL DISTRICT Stonewall
PROPERTY 1D NUMBERS 44-A-143,44-A-144,43-A-145,43-A-146 and 43 -A -147
PROPERTY ZONING RA (Rural Area) and RP (Residential Performance)
PRESENT USE Vacant and residential
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RA (Rural Area)
Use:
Nursery
South:
M 1 (Light Industrial)
Use:
Vacant/North Stephenson, Inc.
East:
M1 (Light Industrial)
Use:
Vacant /Graystonc Industrial Park
West:
RA (Rural Areas)
Use:
Vacant
0 •
Rezoning #01 -12 Snowden Bridge Station
January 30, 2012
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see attached two e- mails, both dated September 6, 2011,
from Matthew Smith of VDOT.
Fire Marshal Approved.
Public Works Department: We do not have any comments regarding the proposed rezoning.
However, we do recommend that future MDPs include a statement regarding the disposition of existing
wells and drainfields.
Department of Inspections: No comment provided.
Sanitation Authority: Sewer: There is sufficient line and treatment capacity to serve this site. The
Authority no longer allows a force main to connect to another force main. Forced sewer is to be
brought to a manhole or pump station. Water: There is sufficient water pressure in this area. But, due
to current and presently allocated demand, there is a possibility of not having sufficient water volume to
serve this site when it is developed.
Service Authority: No comments.
Frederick - Winchester Health Department Health Department has no objection to the request as
stated, so long as no existing or proposed drainfields and wells are negatively impacted.
Historic Resources Advisory Board Upon review of the proposed rezoning, it appears that the
proposal does not significantly impact historic resources and it is not necessary to schedule a formal
review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are
no significant historic structures located on the properties nor are there any possible historic districts in
the vicinity. It is noted that the National Park Service Study of Civil Ware Sites in the Shenandoah
Valley does identify this property as being located within the study area of the Second and Third
Opequon Battles of Winchester. However, the general vicinity of this site is identified by the Study as
having lost its integrity.
Department of Parks & Recreation No comment.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it
will not impact operation at the Winchester Regional Airport.
Frederick County Public Schools We offer no comments on this application.
Frederick County Attorney: Please see attached letter dated August 15, 2011, from Roderick B.
Williams, County Atorney.
Rezoning #01 -12 Snowden Bridge Station
January 30, 2012
Page 4
Transportation: The County's adopted Comprehensive Plan calls for complete streets throughout the
County. Complete streets consider all potential users of the transportation system. Bicycle and
pedestrian improvements should be included along the frontage consistent with what has been put in
place at Rutherford Crossing and is planned to be put in on the Greystone Development. Staff is very
concerned that the levels of traffic from this proposed development would require a signal at the
intersection with Snowden Bridge Boulevard. Spacing for this proposed signal from the intersection of
Snowden Bridge and Route 11 would be well below VDOT spacing standards. Considering the
importance of Snowden Bridge Boulevard in the County's transportation plan, situations that degrade
overall capacity and do not meet standards should be avoided. Development should be limited to a
level that would not require a signal or else a future right in /right out condition should be considered as
alternatives to signalizing this entrance. In addition, other access points should be considered as
properties to the north develop in order to ease traffic pressures at this point.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies
the majority of the subject property as being zoned A -2 (Agriculture 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 zoning map resulted in the re- mapping of this portion of the subject property and
all other A -1 and A -2 rezoned land to the RA District. The remainder of the property was
identified as being zoned R -3. The R -3 (Residential- General) District zoning classification was
modified to RP (Residential Performance) District on February 14, 1990, during the
comprehensive amendment to the County's Zoning Ordinance. The portion of the subject
property that is zoned RP has remained RP (Residential Performance) District since that time.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for the future growth of Frederick County.
The 2030 Comprehensive 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.
The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation
tool and will be instrumental to the future planning efforts of the County.
In order for any proposed rezoning to be approved, the applicants will be expected to contribute
a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed
development. Such contributions can be in the form of cash, dedicated land, or constructed
improvements or in any other manner consistent with the Code of Virginia. (2030
Comprehensive Plan, Implementing the Plan, VJ
0 .
Rezoning 901 -12 Snowden Bridge Station
January 30, 2012
Page 5
Rezoning requests should be evaluated to determine their potential impacts on public facilities.
Costs to the County should be estimated in terms of what impact the development, which could
result from the proposed rezoning, would have on public facilities and infrastructure. [2030
Comprehensive Plan, Implementing the Plan, V]
Rezoning requests should not be approved unless the net impacts on public facilities are
positive, or unless the negative impacts can be adequately addressed through proffers or some
other means. A request for rezoning may be turned down even though all fiscal impacts appear
to be addressed. If there are other impacts which are not addressed by the rezoning application,
or if the request does not conform to this plan, a similar method should be developed for
determining the impacts of proposed developments on transportation systems and other public
facilities. [2030 Comprehensive Plan, Implementing the Plan, V]
Land Use.
The North East Land Use Plan, Appendix I of the 2030 Comprehensive Plan, recognizes that
this property is planned for industrial land uses. In addition, the adjacent area is planned for
industrial and commercial land uses. The property is located within the County's Sewer and
Water Service Area.
Site Access and Transportation.
Access to this site will be via a connection to Snowden Bridge Boulevard that would align with
an access point already approved with the North Stephenson, Inc., rezoning application. The
adjacent North Stephenson, Inc., rezoning application proffered the necessary right -of -way for
the development of Snowden Bridge Boulevard. Construction of Snowden Bridge Boulevard is
coordinated through several projects including North Stephenson Inc., Graystone, and Snowden
Bridge. Snowden Bridge Boulevard connects to Route 11, Martinsburg Pike, at the entrance to
the Rutherford Farm Development (Target and Lowes).
The Eastern Road Plan and the North East Land Use Plan call for a road to be constructed
through this property to the adjacent future commercial development to the north. Itis this road
that is being used for direct access to the site.
Environment.
Issues concerning water quality, quantity, use, and protection of water resources are directly
related to land development activities. Water supplies are needed to support development, while
surface and groundwater are potentially affected by development activities [2030
Comprehensive Plan, Section VII, Natural Resources].
History
According to the Rural Landmarks Survey, there are no significant historic structures located on
the properties nor are there any possible historic districts in the vicinity. It is noted that the
National Park Service Study of Civil War Sites in the Shenandoah Valley does identify this
property as being located within the study area of the Second and Third Opequon Battles of
Winchester. However, the general vicinity of this site is identified by the Study as having lost
its integrity.
0 .
Rezoning #01 -12 Snowden Bridge Station
January 30, 2012
Page 6
3) Site Suitability /Environment
The site is not located within or near any 100 year floodplains. In addition, there are no
woodlands or other environmental features on the site. This area is, however, known for karst
topography and special attention should be paid during development for potential sinkholes and
related impacts.
4) Potential Impacts
Frederick County Transportation Comments:
The development of Snowden Bridge Station, as proposed, is in keeping with the currently
adopted Eastern Road Plan. Snowden Bridge Boulevard crosses this development from west to
east, which will provide access to the recently rezoned Graystone Industrial Park and beyond
that, the Snowden Bridge Residential development. On the south side of Snowden Bridge
Boulevard, Redbud Road is planned to be realigned to intersect with Snowden Bridge
Boulevard at the proposed intersection in this rezoning or at some point within the Graystone
development. The preferred location for that realignment, for reasons of safety and traffic
flows, would be the Graystone location. Key concerns with this proposed rezoning are as
follows:
Regarding the future signal
The spacing between this proposed future signal and the intersection of Route 11 and
Snowden Bridge Boulevard does not meet state standards. That said, it is unlikely that,
long term, a signal can be avoided at this location without removing the ability to
develop the property. Staff continues to reinforce the following recommendations in
order to reduce future negative impacts:
A. Pursue development with low trip generation impacts.
B. Provide connectivity to the north in order to maximize opportunities for
other outlets to the transportation system as northern properties develop
in the future.
C. That Redbud road be realigned within the Graystone development.
Regarding Bicycle and Pedestrian Accommodations
Staff seeks assurance that this development provides bicycle and pedestrian
accommodations that tie into current and planned systems. Currently, no bicycle and
pedestrian accommodations have been made.
5) Proffer Statement — Dated July 18, 2011 and revised on January 9, 2012
A) Allowed Uses:
All of the uses permitted in the M 1 (Light Industrial) District would be allowed. No
additional restrictions have been proffered by the Applicant.
i 0
Rezoning 401-12 Snowden Bridge Station
January 30, 2012
Page 7
B) Access Manaeement and Transportation.
Ezra Lane is proffered to be constructed in the general location shown on the plat that
accompanies the proffer statement from Snowden Bridge Boulevard to Nulton Lane.
The road will be built to VDOT standards for ultimate acceptance by the State. Ezra
Lane is the only access to the property. It should be noted that while the right-of way
will be provided to the adjacent property to the north, the construction of future Ezra
Lane does not extend all the way to the adjacent property line, only to Nulton Lane.
The Applicant has proffered to install signalization improvements at the intersection of
Ezra Drive and Snowden Bridge Boulevard as specified by VDOT.
C) Site Development:
The Applicant will construct water and sewer to and along Ezra Lane, and will provide
an easement to allow the adjacent properties to connect. No other site improvements
have been proffered. It should be noted that the North Stephenson, Inc., proffers include
landscaping in the form of street trees along Snowden Bridge Boulevard, which by
default, is across the frontage of this property.
D) Mitir -ating the Impact of Development:
The Applicant has proffered a cash contribution in the amount of $0.10 per building
square foot to be directed to Frederick County Fire and Rescue. The purpose of this
dedication would be to assist in the capital facility needs of fire and rescue associated
with the development of this property.
STAFF CONCLUSIONS FOR THE 02/15/12 PLANNING COMMISSION MEETING:
This is an application to rezone a total of 12.692 acres of land from the RP (Residential Performance)
and RA (Rural Areas) Districts to the Ml (Light Industrial) with proffers to accommodate industrial
uses. The proposed light industrial Land use in this application is consistent with the goal of the 2030
Comprehensive Plan. With this rezoning, the applicant has proffered to dedicate the necessary right -of-
way to construct a connection, Ezra Avenue, through the property to the adjacent property consistent
with the Northeast Land Use Plan. The application has addressed the concerns identified with the
exception of those comments previously offered by Frederick County Transportation's regarding bicycle
and pedestrian accommodations. It should be noted that at this time final comment has not been
received from VDOT.
Following the required public hearing, a recommendation regarding this rezoning application to
a
43 A 151
Q REZ0112_SnowdenBridgeStalion
L Parcels
Q Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
83 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
< Mt (Industrial, Light District)
M2 (Industrial, General District)
MI-11 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
�r J
Note:
R EZ # 01 - 12 Frederick County Dept of
Snowden Bridge Station Planning & Development
107 N Kent St
PIN: 43 - A - 143, 144 Suite 202
43 A - 145, 146, 147 Winchester. VA 22601
540 - 665 - 5651
6.512 acres from RP to Ml Map Created: Jon 23, 2012
Staff: djohnston
6.180 acres from RP to Ml
0 75 150 300 Feet
0
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be complefeul by Planning Stu fJ.'
Zoning Amendment Number
PC Hearing Date
Fee Amount Paid $ // a (o . 30
Date Received "1/42 a-
BOS Hearing Date y d
yt-
The folloiring infarmunion shall be proviuleul by the applicant:
All parcel identification numbers. deed book and page numbers may be obtained tPom the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
t. Applicant:
Name: Grey Wolfe, Inc. - Gary R. Oates, LS -B, PE Telephone: 540 - 667 -2001
Address: 1073 Redbud Road
Winchester, Virginia 2 2603
2. Property Owner (if different than above)
Name: North Stephenson, Inc, and K & J Investments, LC
Address: 1800 Martinsburg Pike
Telephone: 540- 667 -4919
Winchester, Virginia 22603
3. Contact person if other than above
Name: Gary R. Oates
Telephone: 667 -2001
4. Checklist: Check the following items that have been included with this application.
Location map Agency Comments
Plat Fees
Deed to property Impact Analysis Statement
Verification of taxes paid Proffer Statement
12
It
It •
5. The Code of VirIZinia 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:
K & J Investments, LLC
North Stephenson, Inc.
6. A) Current Use of the Property: Resideintial and Agriculture
B) Proposed Use of the Property: Industrial
7. Adjoining Property:
PARCEL Ill NUMBER
43 -(A) -140
43 -(A) -151
44- (A) -26
43 -(A) -142
USE
Agriculture- Nursery
Industrial
Vacant(Graystone)
Resideintial- Rental House
ZONING
RA
M -1
M -1
RP
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
CSX Railroad. 620' East of Route 11, Northside of Snowden Bridqe Blvd
13
s
9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: 0 Townhome: 0 Multi - Family: 0
Non - Residential Lots: 0 Mobile Home: 0 Hotel Rooms 0
Square Footage of Proposed Use
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other:
10. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors public hearing and maintained so as to be visible from the road
right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s):
Date:
Date:
Owncr(s): Date: 1 z rz
Date:
14
N
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified ofthe Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right -of -way, a private right -of -way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name Michael S. Weber
1912 Martinsburg Pike
Winchester, Virginia 22603
Property #43 -(A) -140
Name Crider & Shockey, Inc of WV
P.O. Box 2530
Winchester, Virginia 22604
Propeny #44- (A) -26
Name & J Investments, LLC
1800 Martinsburg Pike
Winchester, Virginia 22603
Propert # 43 -(A) -151
Name & J Investments, LLC
1800 Martinsburg Pike
Winchester, Virginia 22603
Propert # 43 -(A) -142
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
15
0
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665 -5651 Facsimile (540) 665 -6395
Know All Men By These Presents: That I (We)
(Name) K &J Investments LC i Me STc/edt j /,VC. (Phone) 540- 667 -4919
(Address) 1800 Martinsburg Pike, Winchester, Virginia, 22603
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 668 on Page 229 , and is described as
Parcel: Lot: Block: Section: Subdivision:
do hereby make, constitute and appoint:
(Name) GreyWolfe, Inc. - Gary R. Oates, LS -B, PE, Tim Stowe, PE (Phone) 540- 667 -2001
(Address) 1073 Redbud Road, Winchester, Virginia, 22603
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this ;a '" c 21ay of ua 20 1 a,
Signature(s) n lrt�
r
State of Virginia, City /County of cy_ To -wit:
I, 0n c wpoLA l a Notary Public in and for the jurisdiction aforesaid,
certify the person(s) who signed to the foregoing instrument personally appeared before me and has
ackndwl s the same before me i he jurisdiction aforesaid this-�s day of 20 1 z .
C _ Y P
M Commission Expires: J �t
i• - %Notary; °I'%i61ic °�' \ 3S`d8