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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