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010-14 (RezoningCowperwoodFEMA)REZONING APPLICATION #01-14 Cowperwood FEMA Staff Report for the Board of Supervisors Prepared: July28, 2014 Staff Contact: Michael T. Ruddy,AICP, DeputyPlanning Director ReviewedAction Planning Commission: 07/16/14Recommended Approval Board of Supervisors: 08/13/14Pending PROPOSAL: Torezone 1.24+/-acres of an18.34-acre property from RA (RuralArea) District to B2 (BusinessGeneral) District with proffers.The balance of the property is to remain 16.53+/-M1 (Industrial, Light) District, and 0.57+/-RA (Rural Area) District. LOCATION: The propertyislocatedon thewest side of Martinsburg Pike (Route 11 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317. EXECUTIVE SUMMARY &PCRECOMMENDATIONFOR THE 08/13/14BOARD OF SUPERVISORSMEETING: Thisis a request to rezone a small portion, 1.24 acres, of a larger 18.34-acre tract for the purpose of enabling the property owner to subdivide the 1.24 acres from the parent tract as a new tax parcel. This would then allow the existing single family residence to be on the 1.24-acre parcel,and the FEMA Office complex on the balance of the property. A Proffer Statement, dated February 14, 2014 and revised June 17, 2014, has been provided that limits the development on the 1.24-acre parcel to the existing single family detached dwelling, ensures the access to the property is via the existing entrance and does not permit any new connections to Martinsburg Pike, and dedicates the appropriate amount of right of way (20’) for future improvements to Martinsburg Pike. The proposed commercial land use is consistent with the future commercial land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change of use have been limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. The Planning Commissionrecommendedapproval of the 1.24-acre rezoning request from RA (Rural Area) District to B2 (Business General) District with proffers. Following the required public hearing, a decision regarding this rezoningapplicationby the Board of Supervisorswould be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning#01-14Cowperwood FEMA LLC July 28, 2014 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. ReviewedAction Planning Commission: 07/16/14Recommended Approval Board of Supervisors: 08/13/14Pending PROPOSAL: To rezone 1.24+/-acres of an18.34-acre property from RA (Rural Area) District to B2 (Business, General) District with proffers.The balanceof the property is to remain 16.53+/-M1 (Industrial, Light) District, and 0.57+/-RA (Rural Area) District. LOCATION: The property ison thewest side of Martinsburg Pike (Route 11 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-111 PROPERTY ZONING: M1 (Light Industrial) and RA (Rural Area) PRESENT USE: FEMA Office and Single Family Residence ADJOINING PROPERTY ZONING & PRESENT USE: North:RA (Rural Areas)Use:Residential South:RP (Residential Performance)Use:Residential EastRP (Residential Performance)Use:Residential West: M1 (Light Industrial)Use:Office REVIEW EVALUATIONS: The impacts associated with the change of use have been limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. Accordingly, the review agencies that reviewed the application werelimited to the County Attorney, County Planning, and County Transportation. Frederick County Attorney: The Proffer Statement is in a form to meet the requirements of the Rezoning#01-14Cowperwood FEMA LLC July 28, 2014 Page 3 Frederick County Zoning Ordinance and the Code of Virginia and is legally sufficient as a proffer statement. Planning & Zoning: 1)Site History The 16.53-acre balance of this property that is presently zoned M1 (Light Industrial) was part of the Rutherford’s Farm Industrial Park Rezoningapproved in 2002. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the 1.24-acre portion for which the rezoning is being requested as R-3 (Residential- General) District. On October 8, 1980, Parcel43-A-111,in addition to Parcels 43-A-96,43-A- 98,43-A-99,and a portion of 43-A-97,were rezoned from R-3 to A-2 during a Comprehensive Downzoning. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County’s Zoning Ordinance. 2)Comprehensive Policy Plan The proposed commercial land use is consistent with the future commercial land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). 3)Site Suitability/Environment The site contains no identified environmental features or site development constraints. Therefore, the site would be suitable for commercial development in the future. 4)Potential Impacts The impacts associated with the change of use have been limited by the scope of the proffer statement to the existing single family detached residence. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. In anticipation of future transportation needs in the Martinsburg Pike Corridor (as identified in the Northeast Land Use Plan), the Applicant has worked with Transportation Planning and VDOT to enable the dedication of 20’ of right of way across the property frontage, when needed. This is consistent with the anticipated future right of way needs associated with this project. 5)Proffer Statement (Dated February 14, 2014 and revised June 17, 2014) Development on the 1.24 acre parcel has been limited to the existing single family detached dwelling. As this is proffered,this ensures that the potential impacts are limited. Rezoning#01-14Cowperwood FEMA LLC July 28, 2014 Page 4 The proffer statement limits access for the existing single family dwelling to the existing access drive, shared with FEMA. The proffer statement further expresses that additional connections to Martinsburg Pike along the frontage of the property is restricted. The proffer statement dedicates the appropriate amount of right of way (20’) for future improvements to Martinsburg Pike. STAFF CONCLUSIONS FOR THE 07/16/14PLANNING COMMISSION MEETING: Thisis a request to rezone a small portion, 1.24 acres, of a larger 18.34-acre tract for the purpose of enabling the property owner to subdivide the 1.24 acres from the parent tract as a new tax parcel. This would then allow the existing single family residence to be on the 1.24-acre parcel and the FEMA Office complex on the balance of the property. A Proffer Statement, dated February 14, 2014 and revised June 17, 2014, has been provided that limits the development on the 1.24-acre parcel to the existing single family detached dwelling, ensures the access to the property is via the existing entrance and does not permit any new connections to Martinsburg Pike, and dedicates the appropriate amount of right of way (20’) forfuture improvements to Martinsburg Pike. The proposed commercial land use is consistent with the future commercial land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change of use have been limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. Rezoning#01-14Cowperwood FEMA LLC July 28, 2014 Page 5 PLANNING COMMISSION SUMMARY & ACTION OF THE 7/16/14 MEETING: The applicant’s representative, Mr. Evan A. Wyatt of Greenway Engineering, provided a detailed history of the applicant’s pursuit in getting the residence severed from the balance of the FEMA property. Mr. Wyattreported thatback in 2006, a waiver exception to the minimum lot size was initially sought; however, the Board preferred the applicant come back with a rezoning. He said from 2008 until a year ago, momentum to pursue rezoning was lost due to the recession. More recently, this effort was again approached because the minimum lot size was nolongeran issue, enabling subdivision of the property. Upon his consultation with the Planning Staff, the applicant noted the Comprehensive Plan calls for properties along the frontage of Route 11 to be commercially zoned over time. Therefore, he said thisrequest is for B2 Zoning,torestrict by proffers the use of the property to residential, and will be followed by the subdivision of the parcelfrom the FEMA tract.The Planning Staff pointed out within this particular area, there are a variety of small,existing residential lots up and down Route 11; however, the future land use is identified as commercial. Subsequently, over time, these parcelswill convert to the commercial designation and eventually,there will be a mass that would be sufficient enough to support acommercial project of substance. One area resident spoke during the citizen comments portion of the public hearing. She assumed the business rezoning would givethe property owners the ability to conduct a business on the property and she believed a business would negatively affect the appearance of the area and the quality of life for existing residents. A member of the Commission asked if there were any by-right commercial uses the property owner could do, even though the proffer restricts the property to residential use. The staff replied the residents of the property could conduct a home occupation, but not a conditional use permit. No other issues were raised. The Planning Commission unanimously recommended approval of the rezoning with proffers. Staff would recommend approval of the 1.24-acre rezoning request from RA (Rural Area) District to B2 (Business General) District with proffers. 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 theBoard of Supervisors. REZ # 01 - 14 43 A 99 PINs: 43 A 43 - A - 111 112B 43 A 112 43 A 112A 43 A 115 43 A 113 REZ0114 43 A 111 43 A 110 43 A 132B 43 A 133 43 A 99 43 A 134 43 A 109 43 A 134B 43 A 108 43 A 100A 43 A 135 Applications Parcels 43 A 107 Building Footprints 43 A 136 B1 (Business, Neighborhood District) B2 (Business, General Distrist) 43 A 106 43 A 137 B3 (Business, Industrial Transition District) 01 EM (Extractive Manufacturing District)43 A 105 43 A 138 01 11 81 HE (Higher Education District) 43C 1 D M1 (Industrial, Light District) Note: M2 (Industrial, General District) Frederick County Dept of MH1 (Mobile Home Community District) Planning & Development REZ # 01 - 14 I 107 N Kent St MS (Medical Support District) Suite 202 PINs: OM (Office - Manufacturing Park) Winchester, VA 22601 43 - A - 111 R4 (Residential Planned Community District) 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: June 25, 2014 Staff: mruddy RA (Rural Area District) RP (Residential Performance District) 0120240480Feet SCALE: 1 Inch = 200 Feet PROJECT ID: 2795JDATE: 2-2-2014 AERIAL OVERVIEW DESIGNED BY: DWE FREDERICK COUNTY, VIRGINIA STONEWALL MAGISTERIAL DISTRICT REZONING AERIAL OVERVIEW COWPERWOOD FEMA LLC PROPERTY REZONING COWPERWOOD FEMA LLC PROPERTY :ELACS teeF 002 = hcnI 1 J5972 :DI TCEJORP4102-2-2 :ETAD PAM GNINOZ dna NOITACOL EWD :YB DENGISED AINIGRIV ,YTNUOC KCIREDERF TCIRTSID LAIRETSIGAM LLAWENOTS GNINOZER PAM GNINOZ dna NOITACOL YTREPORP CLL AMEF DOOWREPWOC GNINOZER YTREPORP CLL AMEF DOOWREPWOC :ELACS teeF 004 = hcnI 1 J5972 :DI TCEJORP4102-2-2 :ETAD PAM ASWS EWD :YB DENGISED AINIGRIV ,YTNUOC KCIREDERF TCIRTSID LAIRETSIGAM LLAWENOTS GNINOZER PAM ASWS YTREPORP CLL AMEF DOOWREPWOC GNINOZER YTREPORP CLL AMEF DOOWREPWOC :ELACS teeF 004 = hcnI 1 J5972 :DI TCEJORP4102-2-2 :ETAD PAM SERUTAEF LATNEMNORIVNE EWD :YB DENGISED AINIGRIV ,YTNUOC KCIREDERF TCIRTSID LAIRETSIGAM LLAWENOTS GNINOZER PAM SERUTAEF LATNEMNORIVNE YTREPORP CLL AMEF DOOWREPWOC GNINOZER YTREPORP CLL AMEF DOOWREPWOC :ELACS teeF 002 = hcnI 1 J5972 :DI TCEJORP4102-2-2 :ETAD PAM SLIOS EWD :YB DENGISED AINIGRIV ,YTNUOC KCIREDERF TCIRTSID LAIRETSIGAM LLAWENOTS GNINOZER PAM SLIOS YTREPORP CLL AMEF DOOWREPWOC GNINOZER YTREPORP CLL AMEF DOOWREPWOC :ELACS teeF 005 = hcnI 1 J5972 :DI TCEJORP4102-2-2 :ETAD PAM SERUTAEF CIROTSIH EWD :YB DENGISED AINIGRIV ,YTNUOC KCIREDERF TCIRTSID LAIRETSIGAM LLAWENOTS GNINOZER PAM SERUTAEF CIROTSIH YTREPORP CLL AMEF DOOWREPWOC GNINOZER YTREPORP CLL AMEF DOOWREPWOC :ELACS teeF 002 = hcnI 1 J5972 :DI TCEJORP4102-2-2 :ETAD PAM SEITREPORP GNINIOJDA EWD :YB DENGISED AINIGRIV ,YTNUOC KCIREDERF TCIRTSID LAIRETSIGAM LLAWENOTS GNINOZER PAM SEITREPORP GNINIOJDA YTREPORP CLL AMEF DOOWREPWOC GNINOZER YTREPORP CLL AMEF DOOWREPWOC