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062-18 (RezoningK&JInvestmentsLC)REZONING APPLICATION #06-17 K & J INVESTMENTS, LC Staff Report for the Board of Supervisors Prepared: January 31, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 01/17/18 Public Hearing Held; Recommended Approval Board of Supervisors: 02/14/18 Pending PROPOSAL: To rezone 2.459+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers, and 0.488+/- acre of land zoned M1 (Light Industrial) District to the B2 (General Business) District with proffers. LOCATION: The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/14/18 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 3.9 acres of land to the B2 (General Business) District with Proffers. The site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The property is located within the Sewer and Water Service Area (SWSA). The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan. With this rezoning, the Applicant has proffered to limit the number of restricted entrances on Martinsburg Pike and Snowden Bridge Boulevard and provide internal access via Ezra Lane and Nulton Lane. The site shall not exceed 3,441 average trips per day. The Applicant has also proffered a right-of-way dedication for Martinsburg Pike. The application also provides corridor enhancements such as a split rail fence, and increased parking setbacks and signage and a monetary contribution of The Planning Commission did not identify any $0.10 per building square foot for Fire and Rescue. concerns with the request and recommended approval of the application at their January 17, 2018 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 #06-17 K & J Investments, LC January 31, 2018 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: 01/17/18 Public Hearing Held; Recommended Approval Board of Supervisors: 02/14/18 Pending PROPOSAL: To rezone 2.459+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers, and 0.488+/- acre of land zoned M1 (Light Industrial) District to the B2 (General Business) District with proffers. LOCATION: The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-147, 43-A-148, 43-A-149 and 43-A-151C PROPERTY ZONING : RA (Rural Areas) District, RP (Residential Performance) District and zoned M1 (Light Industrial) District PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Commercial RP (Residential Performance) District Residential South: B2 (General Business) District Use: Commercial B3 (Industrial Transition) District Use: Industrial/Commercial East: RP (Residential Performance) District Residential M1 (Light Industrial) District Vacant West: B2 (General Business) District Use: Commercial B3 (Industrial Transition) District Commercial/Industrial Rezoning #06-17 K & J Investments, LC January 31, 2018 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see email from Matthew Smith, dated September 5, 2017. Frederick County Sanitation Authority: Please see letter from Eric R. Lawrence, AICP, Executive Director dated August 9, 2017. Frederick County Department of Public Works: A comprehensive review shall occur at the time of site plan submission. An existing stormwater BMP was constructed with the Snowden Bridge Boulevard and is owned by Frederick County. If this facility could provide benefit to developer to achieve stormwater requirements, we could work with them on shared use and transfer of ownership for their use and maintenance. Frederick County Fire Marshall: Plan approved. Frederick County Attorney: I have reviewed the revised proffer statement and this confirms that the County Attorney comments have been addressed. Winchester-Frederick County Health Department: The Health Department has reviewed the request for comments for the Rezoning of property belonging to K & J investments, LC, from RA (2.459 acres); RP (0.936 acres); & M1 (0.499 acres); to B2 (3.9 acres); designated as Tax Map # 43-A- 147, 43-A-148, 43-A-149, & 43-A-151C. This Health Department has no objections to the rezoning of the above listed property. Based upon information provided by the Applicant, the future use of the property will include a proposed convenience store, and a proposed fast food restaurant, which will be served by public water and sewer. The Applicant describes the property as an open field with one single family home, In the event that construction or development of the property may impact any existing private water supply (well), or sewage disposal system, the Applicant is requested to consult with the Health Department for proper abandonment practices in regards to septic components (septic tanks, pump tanks), or existing wells. Application for a well abandonment permit must be made through this Health Department prior to any construction that may impact an existing private water system (well). Winchester Regional Airport: Rezoning is compatible with airport operations. Frederick County Department of Park & Recreation: Appears to meet Parks and Recreation requirements. 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 R-3 (Residential General). 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 Parcel 43-A-151C was rezoned to the M1 (Light Industrial) Rezoning #06-17 K & J Investments, LC January 31, 2018 Page 4 Zoning District with Rezoning #03-05 for North Stephenson which was approved by the Board of Supervisors on April 27, 2005. 2)Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 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 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of this property. The property is located within the Sewer and Water Service Area (SWSA). The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan. Transportation and Site Access -in/right-out entrance on Snowden Bridge Boulevard, one full entrance on Ezra Lane and a right-in/right-out entrance on Martinsburg Pike which would be accessed via Nulton Lane. With this rezoning, the Applicant has proffered to extend Ezra Lane as a public road from Snowden Bridge Boulevard to the edge of the site. Ezra Lane is proposed to connect to Nulton Lane which is a private road which would serve as part of the internal road system for the proposed development. These roadways will also serve as interparcel connections to the adjacent properties. The entrance locations shown on the proffered GDP are conceptual in nature the proffer states that the final design and location of these entrances will need to be approved by VDOT and the County. The Applicant also proffered that the site would not exceed 3,441 vehicle trips per day. 3) Proffer Statement Dated May 22, 2017, Revised October 27, 2017: 1. Transportation - Vehicle Trips per Day shall not exceed the current by-right trips of 3,441 AADT. Rezoning #06-17 K & J Investments, LC January 31, 2018 Page 5 a.The owners hereby proffer to construct no more than one "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b.The owners hereby proffer to improve the existing "right-in/right-out only" entrance/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. c.The owners hereby proffer a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels will be also be granted an access easement over Ezra Lane. Said road is already proffered for construction in Rezoning #12-16; however, construction will be by the owners should development occur within this rezoning first. d.The owners hereby proffer to construct no more than one full entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. e.The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will serve as the internal road system, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. f.The owners hereby proffer an additional 20' strip of land along Route 11 as shown on the GDP for right-of- improvements will occur with the approval of the first site plan. g.The owners hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the first site plan-rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 2. Corridor Enhancement along Route 11 - Martinsburg Pike a.The owners hereby proffer to construct split-rail fence with a 36" hedge within the front building setback. b.The owners hereby proffer the parking setback along Route 11 shall be consistent with Rezoning #06-17 K & J Investments, LC January 31, 2018 Page 6 c.The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 3. Fire & Rescue - Monetary Contributions a.The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/17/18 MEETING: Staff reported this application is to rezone a total of 3.9 acres of land to the B2 (General Business) District with Proffers. The current zoning of the properties are RA, RP, and M1. Staff then provided an overview of the proffers offered with the rezoning. Mr. Tim Stowe of Stowe Engineering, PLC and representing the Applicant came forward and provided an overview of the requested reoning application; there were no questions for Mr. Stowe. There were no public comments and a motion was made, seconded, and unanimously recommend approval of REZ #06-17 for K&J Investments. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/14/18 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 3.9 acres of land to the B2 (General Business) District with Proffers. The site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The property is located within the Sewer and Water Service Area (SWSA). The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan. With this rezoning, the Applicant has proffered to limit the number of restricted entrances on Martinsburg Pike and Snowden Bridge Boulevard and provide internal access via Ezra Lane and Nulton Lane. The site shal right-of-way dedication for Martinsburg Pike. The application also provides corridor enhancements such as a split rail fence, and increased parking setbacks and signage and a monetary contribution of The Planning Commission did not identify any $0.10 per building square foot for Fire and Rescue. concerns with the request and recommended approval of the application at their January 17, 2018 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. MARTINSBURGMARTINSBURG PIKE PIKE REZ # 06 - 17 1962 1947 1937 MARTINSBURG 261 MARTINSBURG MARTINSBURG PIKE K and J Investments, LC MARKET STPIKE PIKE PINs:1952 1927 MARTINSBURG MARTINSBURG 43 - A - 147, 43 - A - 148, 43 - A - 149, 43 - A - 151C PIKE PIKE 251 Rezoning from RA, RP, and M1 to B2 with Proffers 1917 MARKET ST MARTINSBURG 01 Zoning Map PIKE 11 1907 MARTINSBURG PIKE 1897 MARTINSBURG PIKE 160 MERCHANT ST 1912 MARTINSBURG PIKE 1876 MARTINSBURG PIKE 1864 MARTINSBURG PIKE 141 1854NULTON LN MARTINSBURG 111 149 PIKE MERCHANT ST NULTON LN REZ #06-17 REZ #06-17 43 A 149 163 43 A 147 NULTON LN REZ #06-17 185 43 A 151C REZ #06-17 NULTON LN 43 A 148 1818 MARTINSBURG PIKE 1784 201 MARTINSBURG NULTON LN PIKE 1774 MARTINSBURG PIKE Applications Sewer and Water Service Area Parcels § ¨¦ 01 81 Building Footprints 11 § ¨¦ B1 (Neighborhood Business District)81 B2 (General Business District) 220 220 B3 (Industrial Transition District) 220 EZRA LN EZRA LN EM (Extractive Manufacturing District) EZRA LN HE (Higher Education District) M1 (Light Industrial District) Note: REZ # 06 - 17 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) K and J Investments, LC Planning & Development I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 43 - A - 147, 43 - A - 148, 43 - A - 149, Winchester, VA 22601 R4 (Residential Planned Community District) 43 - A - 151C 540 - 665 - 5651 Rezoning from RA, RP, and M1 to B2 R5 (Residential Recreational Community District) Map Created: December 21, 2017 with Proffers RA (Rural Areas District) Staff: cperkins Zoning Map RP (Residential Performance District) 0130260520Feet MARTINSBURGMARTINSBURG PIKE PIKE REZ # 06 - 17 1962 1947 1937 MARTINSBURG 261 MARTINSBURG MARTINSBURG PIKE K and J Investments, LC MARKET STPIKE PIKE PINs:1952 1927 MARTINSBURG MARTINSBURG 43 - A - 147, 43 - A - 148, 43 - A - 149, 43 - A - 151C PIKE PIKE 251 Rezoning from RA, RP, and M1 to B2 with Proffers 1917 MARKET ST MARTINSBURG 01 Location Map PIKE 11 1907 MARTINSBURG PIKE 1897 MARTINSBURG PIKE 160 MERCHANT ST 1912 MARTINSBURG PIKE 1876 MARTINSBURG PIKE 1864 MARTINSBURG PIKE 141 1854NULTON LN MARTINSBURG 111 149 PIKE MERCHANT ST NULTON LN REZ #06-17 REZ #06-17 43 A 149 163 43 A 147 NULTON LN REZ #06-17 185 43 A 151C REZ #06-17 NULTON LN 43 A 148 1818 MARTINSBURG PIKE 1784 201 MARTINSBURG NULTON LN PIKE 1774 MARTINSBURG PIKE § ¨¦ 01 81 11 § ¨¦ 81 220 220 220 EZRA LN EZRA LN EZRA LN Note: REZ # 06 - 17 Frederick County Dept of K and J Investments, LC Planning & Development I 107 N Kent St PINs: Suite 202 43 - A - 147, 43 - A - 148, 43 - A - 149, Winchester, VA 22601 Applications 43 - A - 151C 540 - 665 - 5651 Rezoning from RA, RP, and M1 to B2 Sewer and Water Service Area Map Created: December 21, 2017 with Proffers Parcels Staff: cperkins Location Map Building Footprints 0130260520Feet 261MARTINSBURGMARTINSBURGMARTINSBURG PIKEPIKE 1952 REZ # 06 - 17 PIKE MARKET ST MARTINSBURG 1917 1927 PIKE 251 MARTINSBURG MARTINSBURG K and J Investments, LC MARKET STPIKE PIKE 01 PINs: 1907 11 MARTINSBURG 43 - A - 147, 43 - A - 148, 43 - A - 149, 43 - A - 151C PIKE Rezoning from RA, RP, and M1 to B2 with Proffers 1897 MARTINSBURG Long Range Land Use Map PIKE 160 MERCHANT ST 1912 MARTINSBURG PIKE 111 1876 MERCHANT ST MARTINSBURG PIKE 1864 MARTINSBURG PIKE 141 1854NULTON LN 111 MARTINSBURG 149 MERCHANT ST PIKE NULTON LN REZ #06-17 43 A 149 163 REZ #06-17 NULTON LN 43 A 147 112 MARKET ST REZ #06-17 Applications 185 43 A 151C Sewer and Water Service Area NULTON LN REZ #06-17 Parcels 43 A 148 1818 Building Footprints MARTINSBURG Long Range Land Use PIKE Residential 1784 201 Neighborhood Village MARTINSBURG NULTON LN PIKE Urban Center Mobile Home Community 1774 Business MARTINSBURG PIKE Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional § ¨¦ 01 81 Planned Unit Development 11 § ¨¦ Park 81 361 220 MILBURN RD Recreation EZRA LN School Employment Airport Support Area B2 / B3 Note: REZ # 06 - 17 Residential, 4 u/a Frederick County Dept of High-Density Residential, 6 u/a K and J Investments, LC Planning & Development I High-Density Residential, 12-16 u/a 107 N Kent St PINs: Suite 202 Rural Area 43 - A - 147, 43 - A - 148, 43 - A - 149, Winchester, VA 22601 Interstate Buffer 43 - A - 151C 540 - 665 - 5651 Rezoning from RA, RP, and M1 to B2 Landfill Support Area Map Created: December 21, 2017 with Proffers Natural Resources & Recreation Staff: cperkins Long Range Land Use Map Environmental & Recreational Resources 0130260520Feet Proffer Statement for Omps North East Rezoning: RZ # __-17 Property: Area: 3.883 acres Tax Parcels 43-(A)-147, 148, 149, & 151C Record Owners: K&J Investments, LC Project Name: Omps North East Original Date of Proffers: May 22, 2017 Revisions: October 27, 2017 Magisterial District: Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and th provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Applicatio-17 for the rezoning of 3.395 acres from the RA District to the B2 District and 0.488 acres fr said areas being shown on the attached rezoning plat, developmen be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised approved by the Board of Supervisors in accordance with the said the event that such rezoning is not granted, then these proffers shall be have no effect whatsoever. These proffers shall be binding upon the owners and t successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to K & J Investments, LC from North Stephenson, Inc. by Deed per instruments 050009792 and 130013563, and from Cheryl L. DeHaven, by Deed per instrument 160005375 as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated September 19, 2017, by Stowe Engineering, is attached to and made part of this proffer document. 1 Proffers: Transportation -Vehicle Trips per Day shall not exceed the current by-right trips of 3,441 1. AADT. To be determined at Site Plan submission utilizing the cur Manual. The owners hereby proffer to construct no more thanone "right-in/right-out a. only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer to improve the existing "right-in/right-out only" b. entrance/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. The owners hereby proffer a public road, designed and constructed to VDOT c. standards, to be known as Ezra Lane within their property as shown on the G This will serve as the internal road system for the development. neighboring parcels will be also be granted an access easement o Said road is already proffered for construction in REZ 12-16; however, construction will be by the owners should development occur within this rezon The owners hereby proffer to construct no more than one full entrance/exit onto d. Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer a private road to be known as Nulton Lane within their e. property as shown on the GDP. This will serve as the internal ro, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. The owners hereby proffer an additional 20' strip of land along Route 11 as f. shown on the GDP for right of way improvements including a 5 sidewalk. The dedication and improvements will occur with the approval of the first site plan. The owners hereby proffer to enter into a signalization agreemen g. Virginia Department of Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the first site plan. It is understood that the owners participation will be pro-rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 2 Corridor Enhancement along Route 11 - Martinsburg Pike 2. The owners hereby proffer to construct split-rail fence with a 36" hedge a. within the front building setback. The owners hereby proffer the parking setback along Route 11 shall be b. consistent with the 50 front building setback. The owner hereby proffers only one freestanding monument style t c. along the frontage of Martinsburg Pike. No additional freestandi be allowed along Martinsburg Pike. Fire & Rescue - Monetary Contributions 3. The owners hereby proffer a cash contribution to Frederick Count a. Rescue purposes, of $0.10 per building square foot to be disburs Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined fl story. 3