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Home My WebLink About055-20 (Rezoning(Denied)GentleHarvestLC)REZONING APPLICATION #07-19 GENTLE HARVEST, LC. Staff Report for the Board of Supervisors Prepared: February 5, 2020 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/18/19 Public Hearing Held; Recommended Approval Board of Supervisors: 01/22/20 Public Hearing Held; Postponed Board of Supervisors: 02/12/20 Pending PROPOSAL: To rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/12/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The site is located within the limits of the Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses. Staff would note that the site was previously utilized for a restaurant which is now closed and the intended user for this site is a Discount Tire. This item was postponed from the Board of Supervisors January 22, 2020 meeting to allow Staff the opportunity to review proposed new proffers presented during the meeting. Staff has received a draft change to the proffers; the Applicant is proposing to eliminate additional uses as outlined below proposed changes are shown in underline italics. Please note that these are draft changes Staff has not received a signed copy of the proffers from the Applicant. Dated November 21, 2019 revised (signed proffers not received): Proffer Statement 1. Land Use Restrictions: 1.1The Owner hereby proffers not to engage in the following uses on the Property: Landscape and Horticultural Services (SIC 078) Office and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors (SIC 15, 16, 17) Local and Suburban Transit Services (SIC 41) Motor Freight Transportation & Warehousing (SIC 42) Transportation by Air (SIC 45) Utility Facilities and their Accessory Uses (SIC 49) Building Materials, Hardware, Garden Supply, Mobile Home Dealers and Rezoning #07-19 GENTLE HARVEST LC. February 5, 2020 Page 2 Retail Nurseries (SIC 52) Wholesale Trade Businesses Miscellaneous Repair Services (SIC 76) Drive-In Motion Picture Theaters (SIC 7833) Self-Storage Storage Facilities Accessory Retailing Public Utility Distribution Facilities Residential Uses which are accessory to allowed business uses Flex-Tech Tractor Truck & Tractor Truck Trailer Parking (No SIC) Should the Board amend the B3 (Industrial Transition) District to allow other by right uses, the Owner reserves the right to use the Property for said future allowed by right uses. 1.2When used in these proffers, the Preliminary Landscape Plan, shall refer to the plan entitled Plan dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as Exhibit 1. The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. Staff Note: This proffer seeks to implement the Senseny/Eastern Urban Area Plan that states enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right-of-way and its ramps 2Monetary Contribution to Offset Impact of Development 2.1The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. 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 #07-19 GENTLE HARVEST LC. February 5, 2020 Page 3 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: 12/18/19 Public Hearing Held; Recommended Approval Board of Supervisors: 01/22/20 Public Hearing Held; Tabled Board of Supervisors: 02/12/20 Pending PROPOSAL: To rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-1C PROPERTY ZONING : B2 (General Business) District PRESENT USE: Vacant Restaurant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Commercial/Route 50E South: B2 (General Business) Use: Commercial East: B2 (General Business) Use: Commercial West: B2 (General Business) Use: Commercial Rezoning #07-19 GENTLE HARVEST LC. February 5, 2020 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: VDOT has no objection to the rezoning as presented. Frederick-Winchester Service Authority: FWSA will defer to Frederick Water. Frederick Water: Thank you for the opportunity to provide review comments on the Discount Tire rezoning application. The subject property located 120 Front Royal Pike, Winchester, Virginia, is currently served by the City of Winchester. Through redevelopment of the site, the City will continue to provide the water and sewer services. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: None. County of Frederick Attorney: Proffer is in acceptable legal form. City of Winchester: The City of Winchester has reviewed the following: Discount Tire Site Plan at 120 Front Royal Pike, Winchester, VA 22602. Based on our review, we have the following comments: Water 1.The existing water main and water meter may need to be relocated. If it is the case, vacation of existing easement and dedication of new easements may be required. 2.Please show location of all existing utility including water main, sewer main, lateral, water services, clean out and water meter. Planning & Zoning: 1)Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the parcel as B2 (General Business). 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. Rezoning #07-19 GENTLE HARVEST LC. February 5, 2020 Page 5 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 Senseny/Eastern Urban Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The Senseny/Eastern Urban Area Plan identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff provided an overview of the application and the proposed proffers. Mr. Ty Lawson, representing the Applicant, stated no mechanical work will be performed at the site or will no hazard waste such as oil or antifreeze will be handled at the site. The customer transactions will be completed in 30 to 45 minutes per vehicle with no unattended or overnight vehicles. The hours of operation are proposed are Monday Friday 8a.m. to 6p.m, Saturday 8a.m. to 5p.m. and closed on Sunday. Also, Civil Engineers of the Kimley-Horn Planning and Design Consultants presented an overview of the proposed new building design with landscaping. The bays will be facing Front Royal Pike. The building is set back about 150 ft. from the road. They concluded that the new building will be set back further than the existing building. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Steve Parish, Senior Vice President for the Aikens Group, commented against the rezoning to the Industrial Transition District on behalf of the surrounding ow. Mr. Parrish continued, that the zoning allows various uses that could be harmful to their property values. Ms. Becky Morrison came forward and shared her concerns about the used tire recycling procedures. The Kimley-Horn representatives for the Applicant, said that Discount Tire has a vendor that will be picking-up the used tires to be recycled and no tires will be stored outside. The proposed building will have an area for storage of the used tires until they are picked up for recycling. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Ambrogi commented, on the length of time that the building has been vacant. Staff responded that the existing building has been vacant for a few years. Also, Commissioner Ambrogi asked about the how the traffic will access the property. Mr. Lawson said the access is a paved road that was dedicated with less trips than the previous owner because of the different use. Planning Commission ultimately recommended approval of the rezoning application. Rezoning #07-19 GENTLE HARVEST LC. February 5, 2020 Page 6 BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/22/20 MEETING: Staff provided an overview of the application and the proposed proffers. The Board discussed the uses that had been proffered with the rezoning application as well as traffic concerns. Mark Walters of Discount Tire, the Applicant, spoke about his company. The Board questioned product delivery, storage and noise. The project engineer then discussed traffic, landscaping, and drainage issues. Mr. Ty Lawson reviewed additional uses that the Applicant has agreed to exclude as a proffer for the rezoning. Four citizens spoke during the public hearing, one in support of the application and three expressed concerns. This item was postponed from the Board of Supervisors January 22, 2020 meeting to allow Staff the Staff has not received a opportunity to review proposed new proffers presented during the meeting. signed copy of the proffers from the Applicant. 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. REZ # 07 - 19: Gentle Harvest, LC PIN: 64 - A - 1C Rezoning from B2 to B3 Zoning Map £ ¤ 50 160 FRONT ROYAL PIKE REZ #07-19 64 A 1C 980 MILLWOOD £ ¤ PIKE 522 158 FRONT ROYAL PIKE N P M A R T I X E D O O 156 W L L I M DELCO PLAZA £ ¤ 50 § ¨¦ 81 M I L L W O O D § ¨¦ P I K E 81 170 FRONT D E L C ROYAL PIKE O P L Z µ Application Parcels B2 (General Business District) Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 050100200Feet Map Created: November 25, 2019 REZ # 07 - 19: Gentle Harvest, LC PIN: 64 - A - 1C Rezoning from B2 to B3 Location Map £ ¤ 50 160 FRONT ROYAL PIKE REZ #07-19 64 A 1C 980 MILLWOOD £ ¤ PIKE 522 158 FRONT ROYAL PIKE N P M A R T I X E D O O 156 W L L I M DELCO PLAZA £ ¤ 50 § ¨¦ 81 M I L L W O O D § ¨¦ P I K E 81 170 FRONT D E L C ROYAL PIKE O P L Z µ Application Parcels Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 050100200Feet Map Created: November 25, 2019 REZ # 07 - 19: Gentle Harvest, LC § ¨¦ 81 PIN: 64 - A - 1C Rezoning from B2 to B3 Long Range Land Use Map £ ¤ 50 160 FRONT ROYAL PIKE Application REZ #07-19 Parcels Long Range Land Use 64 A 1C Residential Neighborhood Village Urban Center Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial 980 Warehouse MILLWOOD Heavy Industrial PIKE Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas £ ¤ 522 Institutional 158 Planned Unit Development FRONT Park ROYAL PIKE Recreation N P M A R T I School X E D 156 O O W Employment L L I DELCO PLAZA M £ ¤ Airport Support Area50 § ¨¦ 81 M B2 / B3 I L L W O O D § ¨¦ P Residential, 4 u/a I K E 81 High-Density Residential, 6 u/a 200 FRONT ROYAL High-Density Residential, 12-16 u/a 170 PIKE FRONT D Rural Area E L C O ROYAL PIKE P L Z Interstate Buffer µ Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 050100200Feet Map Created: November 25, 2019