063-16 (Rezoning84Lumber)
REZONING APPLICATION #01-16
84 LUMBER
Staff Report for the Board of Supervisors
Prepared: April 4, 2016
Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director
Reviewed Action
Planning Commission:
03/02/16 Public Hearing Held; Recommend Approval
Board of Supervisors:
04/13/16 Pending
PROPOSAL: Rezoning #01-16 for 84 LUMBER
submitted by Pierce Hardy Limited Partnership, to
rezone 10.0 acres from the B3 (Industrial Transition) District with Proffers to the M1 (Light Industrial)
District with Proffers. This application proposes to revise the proffers of Rezoning #02-05 to allow the
site to be utilized for a truss manufacturing plant.
LOCATION:
The property is located at 240 Yardmaster Court, at the end of the unsignalized
intersection of Yardmaster Court and Martinsburg Pike (Route 11 North).
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR 04/13/16 BOARD OF
SUPVERVISORS MEETING:
The 84 Lumber application seeks to rezone 10.0 acres from the B3 (Industrial Transition) District to the
M1 (Light Industrial) District with proffers to enable the operation of a truss manufacturing plant. This
10 acre tract is a portion of a 59 acre tract originally rezoned to the B3 District in 2005 (Adams
Property).
The Northeast Land Use Plan of the 2030 Comprehensive Plan identifies this property with a business
land use designation. While the requested industrial zoning requested by the Applicant is inconsistent
with the comprehensive plan, the use is generally consistent and is assured through the proffer
statement. The truss manufacturing facility is similar in nature to the 84 Lumber Facility that previously
occupied the site; however, manufacturing is not permitted in the B3 (Industrial Transition) District.
The Applicant has proffered a site plan which limits the use of the site to a truss manufacturing facility
(see proffer 1). 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
The Planning Commission did not identify any issues or concerns with the
owners are anticipated.
request and recommended approval of the application at their March 2, 2016 meeting.
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 #01-16 84 Lumber
April 4, 2016
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:
03/02/16 Public Hearing Held; Recommended Approval
Board of Supervisors:
04/13/16 Pending
PROPOSAL: Rezoning #01-16 for 84 LUMBER
submitted by Pierce Hardy Limited Partnership, to
rezone 10.0 acres from B3 (Industrial Transition) District with Proffers to M1 (Light Industrial) District
with Proffers.
LOCATION:
The property is located at 240 Yardmaster Court, at the end of the unsignalized
intersection of Yardmaster Court and Martinsburg Pike (Route 11 North).
MAGISTERIAL DISTRICT:
Stonewall
PROPERTY ID NUMBERS:
44-A-75B
PROPERTY ZONING
: B3 (Industrial Transition) District to M-1 (Light Industrial) District
PRESENT USE:
Old 84 Lumber Facility (Lumber Sales)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) District Use: Residential/Agricultural
South: B3 (Industrial Transition) District Use: Vacant
East: RA (Rural Areas) District Use: Residential
B3 (Industrial Transition) District Use: Vacant
West: B3 (Industrial Transition) District Use: Vacant/Rail/I-81
Rezoning #01-16 84 Lumber
April 4, 2016
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation:
The documentation within the application to rezone this property
appears to have a measurable impact on Rt. 11. This route is the VDOT roadway which has been
considered as the access to the property referenced. VDOT is satisfied that the transportation proffers
offered in the 84 Lumber Truss Plant Rezoning Application dated November 24, 2015 address
transportation concerns associated with this request.
Fire Marshal:
Plans Approved.
Public Works Department:
The proposed rezoning has the approval of the Frederick County Public
Works Department. We respectively request that the existing storm water system including the storm
water pond be inspected and maintained prior to re-occupying the facility.
Frederick County Sanitation Authority:
No Comments.
Frederick County Attorney:
Please see attached letter from Roderick B. Williams, County Attorney,
dated January 12, 2016.
Planning & Zoning:
1)Site History:
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the
zoning of the subject parcel as A2 (Agricultural General) District. The Countys agricultural
zoning districts were subsequently combined to form the RA (Rural Areas) District upon
adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989.
In 2004, the Board of Supervisors approved Rezoning #11-04 which rezoned the property to the
B3 (Industrial Transition) District with proffers. On May 13, 2005 the Board of Supervisors
approved Rezoning #02-05 which revised the proffers for the site to modify the proffered uses
of the site.
2)Comprehensive Policy Plan:
The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on
the future development of the property. The property is located within the SWSA. The 2030
Comprehensive Plan identifies this property with a business land use designation. While the
requested industrial zoning requested by the Applicant is inconsistent with the comprehensive
plan, the use is generally consistent and is assured through the proffer statement. The truss
manufacturing facility is similar in nature to the 84 Lumber Facility that previously occupied the
site; however, manufacturing is not permitted in the B3 (Industrial Transition) District. The
Applicant has proffered a site plan which limits the use of the site to a truss manufacturing
facility.
Rezoning #01-16 84 Lumber
April 4, 2016
Page 4
Transportation and Site Access:
Direct access to Martinsburg Pike will continue to be provided to the development through a
single shared commercial entrance which is Yardmaster Court.
4) Proffer Statement:
Dated January 18, 2016:
A)General Development Plan- The applicant has proffered to develop the subject property
in substantial conformance with the attached site plan for an 84 Lumber Truss Plant
(dated January 28, 2016).
B)Vehicle Per Day (VPD) and Land Use Restrictions
1)The Applicant proffers to restrict development of the 10 acre property to an
amount not to exceed a maximum of 1,393 VPD.
2)The Applicant has proffered to prohibit the following M-1 District land uses on
the site:
Local and suburban transit and interurban highway passenger
transportation
Business associations; membership organizations; and labor unions
Motor freight transportation, excluding warehousing and storage
Transportation by air
Transportation services
Truck stops
C)Transportation
1)Direct access to Martinsburg Pike will be provided through a single shared
commercial entrance (Yardmaster Court) to provide ingress and egress for the
10 acre property.
2)Turn lane Martinsburg Pike completed
3)Signalization Applicant will provide a pro rata share of the cost of
signalization if needed.
D)North Buffer -The owner shall maintain the six foot high earthen berm as the opaque
element within the 100 foot wide Category C full screen adjacent to tax parcels 44-A-
76A, 75A, and 7.
E)Monetary Contributions to Offset Impact of Development
A monetary contribution of $.015/building square foot, based on additional added
square footage.
Rezoning #01-16 84 Lumber
April 4, 2016
Page 5
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 3/02/16 MEETING:
Staff reported this is a rezoning application to rezone 10 acres from the B3 (Industrial Transition)
District to the M1 (Light Industrial) District with proffers. Staff continued this application proposed to
revise the proffers of Rezoning #02-05 to allow the site to be used for a truss manufacturing plant. Staff
reviewed locations map of the site and then provided an overview of the original 2005 rezoning
application. Staff continued included in that application was: a building cap on the entire site of
555,000 square feet; use limitations consisting of office, building/lumber store, wholesale warehouse,
and self-storage facilities; maximum vehicle trips per day of 4,603 for the development. Staff reported
the proffer revision for the 10 acre site restricts the trips per day to 1,393 which are consistent with the
approved 84 Lumber site plan that was approved years ago. Staff noted there is also a restriction for the
truss manufacturing facility due to a proffered site plan. Staff shared a trip generation summary with
the Planning Commission and noted the significant reduction in trips.
Staff reported the Northeast Land Use Plan identifies the property with a commercial land use
designation; while the requested industrial zoning being presented is inconsistent with the
comprehensive plan, the proposed use is generally consistent with the commercial designation and is
very restrictive and assured through the proffer statement. Staff continued the truss manufacturing is
still the 84 Lumber Company and it is relatively similar to the lumber yard they had before however
manufacturing of trusses is not allowed in the B3 (Industrial Transition) District. Staff concluded the
Applicant has proffered a site plan which limits the use of the site to the truss manufacturing facility
therefore the impacts associated with the change of use have been limited by the proffer statement.
A Commissioner asked if the store would be re-opened on site. Staff noted the store will not be re-
opened at this time because of the requested zoning change. Mr. Frank Kelcha, Vice-President of
Manufacturing for 84 Lumber spoke on behalf of the Applicant. He feels opening the facility will be
beneficial to the company as well as the County. He hopes to be able to employ approximately 70
people. Mr. Kelcha noted this will help the area prosper. Ms. Debbie Schwab, real estate counsel for 84
Lumber reiterated the jobs the company plans to bring to the area with the truss facility. She noted the
intent is to employ 65-70 people with an average annual salary of $31,800.
A Commissioner inquired if a store may be opened in the future. Mr. Kelcha noted at this point a store
is not in the plans. A Commissioner asked if manufacturing of the trusses is primarily for the local area
or will they be shipped elsewhere. Mr. Kelcha explained the trusses will be used locally as well as
shipped to various locations.
Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come
forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment
portion of the hearing.
A motion was made, seconded, and passed unanimously to recommend approval of this rezoning.
Rezoning #01-16 84 Lumber
April 4, 2016
Page 6
EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR 04/13/16 BOARD OF
SUPVERVISORS MEETING:
The 84 Lumber application seeks to rezone 10.0 acres from the B3 (Industrial Transition) District to the
M1 (Light Industrial) District with proffers to enable the operation of a truss manufacturing plant. This
10 acre tract is a portion of a 59 acre tract originally rezoned to the B3 District in 2005 (Adams
Property).
The Northeast Land Use Plan of the 2030 Comprehensive Plan identifies this property with a business
land use designation. While the requested industrial zoning requested by the Applicant is inconsistent
with the comprehensive plan, the use is generally consistent and is assured through the proffer
statement. The truss manufacturing facility is similar in nature to the 84 Lumber Facility that previously
occupied the site; however, manufacturing is not permitted in the B3 (Industrial Transition) District.
The Applicant has proffered a site plan which limits the use of the site to a truss manufacturing facility
(see proffer 1). 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
The Planning Commission did not identify any issues or concerns with the
owners are anticipated.
request and recommended approval of the application at their March 2, 2016 meeting.
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.
219
REZ # 01 - 16
MORELAND LN
84 Lumber
162
MORELAND LN
§
¨¦
PIN:
234
81
WAVERLY RD
146
44 - A - 75B
MORELAND LN
Rezoning from B3 to M1
219
MORELAND LN
2895
MARTINSBURG
PIKE
§
¨¦
81
§
¨¦
81
§
¨¦
REZ #01-16
81
2835
MARTINSBURG
2831
PIKE
MARTINSBURG
2833
PIKE
MARTINSBURG
PIKE
44 A 75B
01
11
Applications
2799
MARTINSBURG
Parcels
PIKE
Sewer and Water Service Area
Building Footprints
B1 (Business, Neighborhood District)
2673
MARTINSBURG
B2 (Business, General Distrist)
Stephenson
PIKE
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
Note:
REZ # 01 - 16
M2 (Industrial, General District)
Frederick County Dept of
MH1 (Mobile Home Community District)
84 Lumber
Planning & Development
I
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
44 - A - 75B
Winchester, VA 22601
R4 (Residential Planned Community District)
Rezoning from B3 to M1
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: February 3, 2016
RA (Rural Area District)
Staff: cperkins
RP (Residential Performance District)
0160320640Feet
219
REZ # 01 - 16
MORELAND LN
84 Lumber
162
MORELAND LN
§
¨¦
PIN:
234
81
WAVERLY RD
146
44 - A - 75B
MORELAND LN
Rezoning from B3 to M1
219
MORELAND LN
2895
MARTINSBURG
PIKE
§
¨¦
81
§
¨¦
81
§
¨¦
REZ #01-16
81
2835
MARTINSBURG
2831
PIKE
MARTINSBURG
2833
PIKE
MARTINSBURG
PIKE
44 A 75B
01
11
2799
MARTINSBURG
PIKE
2673
MARTINSBURG
Stephenson
PIKE
Note:
REZ # 01 - 16
Frederick County Dept of
84 Lumber
Planning & Development
I
107 N Kent St
PIN:
Suite 202
44 - A - 75B
Winchester, VA 22601
Applications
Rezoning from B3 to M1
540 - 665 - 5651
Parcels
Map Created: February 3, 2016
Sewer and Water Service Area
Staff: cperkins
Building Footprints
0160320640Feet
219146§¦¨81
234
MORELAND LN
REZ # 01 - 16
MORELAND LN
WAVERLY RD
84 Lumber
PIN:
44 - A - 75B
Rezoning from B3 to M1
2895
MARTINSBURG
PIKE
§
¨¦
81
§
¨¦
81
REZ #01-16
§
¨¦
81
2835
2833
MARTINSBURG
MARTINSBURG
PIKE
PIKE
2831
44 A 75B
MARTINSBURG
PIKE
Applications
Parcels
Sewer and Water Service Area
Building Footprints
Long Range Land Use
Residential
Neighborhood Village
Urban Center
Mobile Home Community
Business
Highway Commercial
Mixed-Use
Mixed Use Commercial/Office
Mixed Use Industrial/Office
Industrial
Warehouse
2799
MARTINSBURG
Heavy Industrial
PIKE
Extractive Mining
Commercial Rec
Rural Community Center
01
11
Fire & Rescue
2673
MARTINSBURG
Historic
PIKE
Institutional
2729
MARTINSBURG
Planned Unit Development
PIKE
Park
Recreation
Stephenson
2695
School
MARTINSBURG
Employment PIKE
2489
MARTINSBURG
Airport Support Area
PIKE
B2 / B3
Note:
REZ # 01 - 16
Residential, 4 u/a
Frederick County Dept of
High-Density Residential, 6 u/a
84 Lumber
Planning & Development
I
High-Density Residential, 12-16 u/a
107 N Kent St
PIN:
Suite 202
Rural Area
44 - A - 75B
Winchester, VA 22601
Interstate Buffer
Rezoning from B3 to M1
540 - 665 - 5651
Landfill Support Area
Map Created: February 3, 2016
Natural Resources & Recreation
Staff: cperkins
Environmental & Recreational Resources
0160320640Feet