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HomeMy WebLinkAbout002-20 (RezoningRCSInvestmentsLLC) CO w ORDINANCE 1 73 Action: PLANNING COMMISSION: June 3, 2020 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: July 8, 2020 Approved ORDINANCE REZONING#01-20 RCS INVESTMENTS, LLC WHEREAS,REZONING#01-20 RCS INVESTMENTS,LLC., was submitted by Greenway Engineering, Inc., to rezone 12.61+/- acres fi-om the Ml (Light Industrial) District to the M2 (Industrial General) District with proffers with a final revision date March 16,2020. The subject property is located at 220 Imboden Drive (Route 1327)at the terminus of the cul-de-sac. The property is located in the Stonewall Magisterial District and is identified by Property Identification Number 54-7-7A; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on June 3, 2020 and recommended approval of this Rezoning; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 8, 2020; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan. NOW,THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 12.61+/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers dated March 16, 2020. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached This ordinance shall be in effect on the date of adoption. Passed this 8th day of July 2020 by the following recorded vote: Charles S. DeHaven, Jr., {Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPY ATT T Kris icrne Frederick Coun rrristrator PDRes#21-20 BOS lies, #002-20 REZONING APPLICATION#01-20 �G Cod RCS Investments,LLC a Staff Report for the Board of Supervisors Prepared: June 259 2020 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director 1748 Reviewed Action Planning Commission: 06/03/20 Recommended Approval Board of Supervisors: 07/08/20 Pending PROPOSAL: To rezone 12.61-x/- acres from the M1 (Light Industrial)District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park which was subdivided in 1985. LOCATION: The subject property is located at 220 Imboden Drive(Route 1327) at the terminus of the cul-de-sac. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/08/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 12.61-x/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park. The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies the property with an industrial land use designation, therefore,the existing M 1 Zoning as well as the requested M2 Zoning are consistent with the goals of the Plan. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their June 3, 2020 meeting. The proffers associated with this rezoning request are as follows: Proffer Statement—Dated March 16,2020: A. Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: • All uses allowed in the M-1 Light Industrial District • Recycling Operations(No SIC Code) 2. The owner proffers to prohibit outdoor storage of material utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B. Monetary Contributions The owner proffers to provide a monetary contribution of$0.10 per 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 he appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board o Su ervisors.I Rezoning#01-20 RCS Investments June 25, 2020 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: 06/03/20 Recommended Approval Board of Supervisors: 07/08/20 Pending PROPOSAL: To rezone 12.61+/-acres from the M1 (Light Industrial)District to the M2 (Industrial General)District with proffers. The subject property is part of the Baker Lane Industrial Park which was subdivided in 1985. LOCATION: The subject property is located at 220 Imboden.Drive(Route 1327)at terminus of cul-de- sac. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-7-7A PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Industrial/Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: MH-1 (Mobile Home Community) District Use: Residential M1 (Light Industrial) District Use: Industrial South: RP (Residential Performance) District Use: Residential M1 (Light Industrial) District Use: Industrial East: Interstate 81 Use: N/A West: M1 (Light Industrial) District Use: Industrial Rezoning##01-20 RCS Investments June 25, 2020 Page 3 REVIEW EVALUATIONS: Virginia Dept.of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 1327 (Imboden Drive). The route is the VDOT roadway,which has been considered as the access to the property referenced. The existing entrance is adequate for the proposed use. Frederick Water: Please see letter from Eric R.Lawrence,AICP,Executive Director dated February s, 2020. Frederick-Winchester Service Authority: FWSA defers comments to Frederick Water. Frederick County Department of Public Works: Please see letter from Gloria M. Pufnburger, Solid Waste Manager dated April 20, 2020. Frederick County Department of Inspections: No comments at this time. Frederick County Fire Marshall:—Plan approved. Winchester Regional Airport: No comment. County of Frederick Attorney: I have reviewed the proposed proffer statement you submitted for the above proposed rezoning and find that, subject to one comment, the proposed proffer statement is legally sufficient and in proper form to serve as a proffer statement.The one comment is that,because approved proffer statements are recorded in the land records, they must meet recoding standards. Relative to the proposed proffer statement,the Clerk's Office will not record the cover page with the aerial picture.(This in turn means that the page numbers on the remainder will need to be removed or restart at"1" , as the"2"on the first page will create confusion. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identified the subject property as being zoned M2. The property was downzoned from the M2 District to the R-3 District in 1980 with the Comprehensive Rezoning of Frederick County. The property was rezoned to the M1 District with rezoning #06-84 which was approved by the Board of Supervisors on July 11, 1984. 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 Rezoning#01-20 RC S Investments .lune 25, 2020 Page 4 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 the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed M2 Zoning is consistent with the land use supported by the Comprehensive Plan. 3) Proffer Statement Dated March 16, 2020: A. Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: + All uses allowed in the M-1 Light Industrial District • Recycling Operations (No SIC Code) 2. The owner proffers to prohibit outdoor storage of material utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B. Monetary Contributions The owner proffers to provide a monetary contribution of$0.10 per building square foot for County Fire and Rescue services PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/03/20 MEETING: To rezone 12.61+/-acres from the M1 (Light Industrial)District to the M2(Industrial General)District with proffers. The subject property is part of the Baker Lane Industrial Park which was subdivided in 1985. Chairman Kenney inquired is this outside storage of raw materials. Staff explained that any product brought in for recycling purposes would be stored within the structure. Chairman Kenney further inquired if the existing containers are permitted; Staff stated that containers are part of the M-1 and permitted. Mr.Evan Wyatt of Greenway Engineering,Inc.,representing the Applicant provided a brief overview of the intent of the application. He provided photos offering a visual of the operation. Commissioner Morrison stated this is a necessary process,however,if items recycling items do wind up outside of the facility,if there is anything in the process or proffers to ensure things will be cleaned up promptly. Mr.Wyatt explained.,the operation would be responsible and if something were to end up outside, they have the manpower to clean it up. Rezoning 901-20 RCS Investments .Tune 25, 2020 Page 5 Chairman Kenney 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 Kenney closed the public comment portion of the hearing. There were no public comments during the public hearing and the Planning Commission recommended approval of the rezoning application. A motion was made, seconded, and unanimously passed to recommend approval of the Rezoning#01-20 for RCS Investments. FollowinLy the re aired puhlic heaEiM& 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 IMBODEN DR --- 154' IM80DEN DR. ! II IS3 WBODEN OR r 00 30DEN DR "N. s i 16p Tr78 � i�,s 1MBODEN DR SG 7 7A !MS�DEN DR i72 1MBODEN DR 0 200 IMBODEN D r 882 709 8 RLN BANBURY 100 - TERi5U1rON C-7 101 BANBURiFR�`I► 5UTTONC7 � - REGENC-. 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BARRINGTgN CN•,; -_ BARRiNGTON LN-." - ri lir' f 1 �/ •11 •1 REZ # 01 - 20: RCS Investments, LLC PIN: 54 - 7 - 7A Rezoning from M1 to M2 Long Range Land Use Map Do m . DR �3� � RFZ#07-20 � �� Application �4 � ` Parcels Sewer and Water Service Area Long Range Land Use L +6NP Residential � �" `ff Neighborhood Village r 9 Urban Center Mobile Home Community " A � , Business e Highway Commercial � � ��t c Mixed-Use Mixed Use Commercial/Office p� !* � � : -W Mixed Use Industrial/Office ® Industrial �� Warehouse Heavy industrial Extractive Mining ° 41' commercial Rec ` r r w ;r..f Rural Community Center Fire&Rescue Sensitive Natural Areas ® Institutional Planned Unit Development Park -� Recreation a' O School } Employment x Airport SupportArea prgonEH �`� B21B3 QResidential,4 ula " 1c1=, Ora SR� High-Density Residential,6 ula v 0�ra° Fro O High-Density Residential,12-16 ula �✓„�f� + d�°� Q Rural Area - y Interstate Buffer WlnchVster Y Landfill SupportArea N Natural Resources&Recreation �\ C) Environmental&Recreational Resources 1 W* B `/1 S � 7 ' Frederick County Planning&Development 'f 107 N Kent Si W lnchester,VA 22601 540-665-5651 t 4 I 1 1 300 6Feet Map Created:April 24,2020 I t i Greenway Engineering March 16,2020 Tax Parcel 54-7-7A RCS INVESTMENTS,LLC REZONING TAX PARCEL 54-7-7A PROFFER STATEMENT REZONING: RZ# M-1,Light Industrial District to M-2,Industrial General District PROPERTY: Tax Parcel 54-7-7A(here-in after the"Property") MAGISTERIAL DISTRICT: Stonewall Magisterial District RECORD OWNER: RCS Investments,LLC APPLICANT: RCS Investments,LLC (here-in after"Owner") PROJECT NAME: RCS Investments, LLC Rezoning ORIGINAL DATE OF PROFFERS: March 16, 2020 REVISION DATE: TBD Preliminary Matters Pursuant to Section 15.2-2296 Et. Scq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 12.61± Property from the M-1, Light Industrial District to the M-2, Industrial General District with proffers, development of the Property shall 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 by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 54-7-7A,owned by RCS Investments,LLC recorded as Instrument No. 200002798 and is further identified by the attached Boundary Line Adjustment Plat prepared by GreyWolfe,Inc., dated November 19, 2019 that is included as part of the Proffer Statement. File#2131 R 1 Greenway Engineering March 16,2020 "rax Parcel 54-7-7A PROFFER STATEMENT A) Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: ➢ All uses allowed in the M-I Light Industrial District ➢ Recycling Operations (No SIC Code) 2. The Owner proffers to prohibit the outdoor storage of materials utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B) Monetary Contributions The owner proffers to provide a monetary contribution of$0.10 per developed building square- foot quarefoot for County Fire and Rescue services. The monetary contribution shall be made payable t6 Frederick County at the tirne of issuance of the certificate of occupancy permit for new structural development on the Property. OWNER SIGNATURE ON FOLLOWING PAGE File#2131 R 2 Greenway Engineering March 16,2020 'rax Parcel 54-7-7A Owner Signature The conditions proffered above shall be binding upon the heirs,executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: RCS Investments, LLC Date Ross Grant Hewitt, Managing Manager Commonwealth of Virginia, City/Cou of t 1C , To Wit: The foregoing instrument was acknowledged before me this �day of 20-LO by 1420-w OVit M- My Commission Expires - C?QD Notary Public _ DEANNA D ALEXANDER NOTARY PUBLIC REG.#7135427 CQMMQNUV{rALTe OF VIRGINIA r MY COMMISSION EXPIRES SEPT.3(},21)211 By: x1rc� Investments,LLC Daae odie Ann Hewitt, Managing Manager Commonwealth of Virginia, city/c2way of FROWM _ _To Wit: The foregoing instrument was acknowledged before me this RD day of Add 20 by. 1fO� Sit I M.,, 1) rA 0 5 V My Commission Expires- X, cQ0 Notary u lic DEANNA ALEXANDER NOTARY PUBLIC REG.#7135427 COMMONWEALTH 05 VIRGINPA MY COMM15SI.ON EXPIRES SEPT.3D,,2020 File#2131 R 3 FREDERICK WATER. 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1424 Executive Director www.FrederickWater.com February 5, 2020 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester,VA 22602 RE: Rezoning Application Comment RCS Investments, Inc. Tax Map Numbers: 54-7-7A 12.61+/-acres Dear Mr. Wyatt: Thank you for the opportunity to offer review comments on the RCS Investments industrial commercial rezoning application package, dated January 21, 2020. Frederick Water (FW) offers comments limited to the anticipated impact/effect upon FW's public water and sanitary sewer system and the demands thereon. The project parcel is in the sewer and water service area (SWSA). The parcel is currently served by FW, and the rezoning and proposed recycling use does not anticipate significant increases in water and sewer use. Therefore, the proposed use does not appear to impact FW's water and sewer service. Any proposed construction on the property must avoid the existing water and sewer easements on the property. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence Executive Director Water At Your Service 4�CK CO COUNTY of FREDERICK Department of Pubtic Works 5401665-5643 FAX: 54W678-0682 April 20,2020 Mr.Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester,Virginia 22602 RE:Proposed Rezoning for RCS Investments,LLC Property Identification Number(PIN):54-7-7A—Imboden Drive Dear Evan: After careful review of the above request of the above request and proposed proffer statement dated January 21,2020,with the intent to develop a recycling operation,I submit the following: ■ Transportation:Facility is anticipated to generate 10-12 new vehicle trips per week.In the event that the Frederick County utilizes this facility for the marketing of its materials(cardboard,metal cans,plastic bottles and jugs),approximately 20 inbound vehicle trips would be made each week.This is in addition to trips by other localities,such as the City of Winchester,which would add another six inbound vehicle trips per week for its co-mingled materials and cardboard. ■ Solid Waste Disposal:Recycling Operations Facility is anticipated to generate approximately 10-12 new vehicle trips per week. This statement may only refer to the vehicle trips made by the applicant for its current needs.However,if it is the applicant's desire to bring in outside customers,logically,this number will be considerable higher. Although it is most desirable to receive and process clean materials,some residue is unavoidable.Based on industry standards,up to ten percent of all material received.at the proposed facility will be culled out as unrecyclable and deposited at the regional landfill.Therefore,impacts to the local landfill and associated waste is a percentage of materials processed.The department would recommend that contractual agreements be put into place by the owner and those utilizing the facility to reject loads that consistently exhibit contamination levels exceeding ten percent. ■ Other Potential Impacts:Maintaining a high standard of quality as it pertains to materials received for processing will curtail processing costs on the part of the applicant and limit impacts to the Frederick County Regional Landfill. The department supports the operation of an economically viable recycling facility with indoor storage which will mitigate any impact to surrounding properties while potentially serving the needs of area localities and businesses with a local, reliable and sustainable market for recyclables collected across the region. Sincerely Gloria M.Puffznburger Solid Waste Manager cc: Joe Wilder,director file To be completed by Planning,Staff' Flee Amount Paid S_-LUL 'l=` - Zoning Amendment Number t, g - �, R� Anticipated PC Hearing Date , a �+` Date Received L"sL .. Anticipated BOS Hearing Date + F RI 2<ONING APPLICATION' FREDERICK COUNTY,VA DEPARTMENT OF PLANNING&DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: RCS Investments, LLC Specific Contact Person if Other than Above: Ross Hewitt & Jodie Hewitt Address: PO Box 3163 Winchester, VA 22604 Telephone: (540) 662-2005 Email: rhewitt@reswaste.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email.- 2. mail:2. Other Applicant Party(such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm,engineering firm, or other person, if any,serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: Evan Wyatt Address: 161 Windy Hili Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property,will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning,the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name(if any): RCS investments, LLC Rezoning S. Property Information: a. Property Identification Number(s): 54-7-7A b. Total acreage of the parcel(s): 12.61 +/- Acres c. Total acreage of parcel(s)to be rezoned(if other than whole parcel(s)is being rezoned): 12.61 +/-Acres d. Current zoning designation(s)and acreage(s) in each designation: M1 Light Industrial District 12.61+/-Acres e. Proposed zoning designation(s) and acreage(s)in each designation: M2 Industrial General District 12.61+/- Acres f. Magisterial District(s): Stonewall District g. Location-the property is located at(give street address(es)if assigned or otherwise exact location based on nearest road and distance from nearest intersection,using road names and route numbers): 220 Imboden Drive (Route 1327) at terminus of cul-de-sac h. Adjoining Properties: Parcel ID Number Use Zonin See Attached Adjoining Map& Owner Table Exhibits Please attach additional page(s)if necessary. Property identification numbers, magisterial districts, and deed boob and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester,VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership,the name of stockholders; officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has,by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property(you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. RCS Investments, LLC: Ross Grant Hewitt&Jodie Ann Hewitt, Managing Members Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map 0 Plat Depicting Metes/Bounds of Proposed Zoning 0 Impact Analysis Statement Proffer Statement(if any) Agency Comments Fee 0 Copies of Deed(s) to Propexty(ies) 0 Tax Payment Verification 0 Digital copies (pdFs) of all submitted items Page 14 7. Signature(s): I(we),the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I(we) authorize Frederick County officials to enter the property for site inspection purposes. I(we)understand that the sign issued when this application is submitted mast be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I(we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. Owner: eel"'�i4n� 19c r, � Da. If signing on behalf of an entity, please state name of entity and your title: Owner: Date Wigning on behalf of an entity,please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity,please state name of entity and your title: -3C If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 co Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning& Development, County of Frederick,Virginia 107 North Dent Street,Winchester,Virginia 22601. Phone (544)665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: RCS Investments, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the mune of the entity should appear above. Hmultiple persons own the property or are applicants,an executed pourer of attorney from each owner will be needed. PO Box 3983 Winchester,VA 22844 (540)662-2005 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick.County, Virginia,identified by following property identification numbers: 54-7-7A do hereby make,constitute,and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester,VA 22602 (544)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the followi>t ,for the above identified property: Rezoning Subdivision Conditional Use Permit Site Plan Master Development Pian(prelim.or final) E] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or odify it. Signature Title(if signing on behalf of an entity) State of \J 1&10 IOL , County/City of ���d��"iC� ,To wit L AP .a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instcurnent personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this t ) day of �, 20 R C) 1CAIhd FL, My Commission Expires:62#1---90f Rog 0 Notary Public D�R{dNA DALEXANDER Registration Number:. j NOTARY PUBLIC REG.#7135427 COA°Ni]WMALTH OF VIRGINIA C`V1�.?,'3SION EXPIRES SEPT.30,2020 Special Limited Power of Attorney I County of Frederick, Virginia 1 Frederick Planning Website: www.icva.us 1 Department of Planning &Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That; RCS Investments, LLC Name of Property Owner/AppIicaet please note: If the ptoperty owner/applicant is an entity,the name of the entity should appear above, If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. PO Box 3183 Winchester,VA 22604 (540)662-2005 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s) or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 54-7-7A do hereby make,constitute,and appoint: Greenway Engineering, Inc. Name of Attorney-In-Fact 151 Windy Hill Lane Winchester,VA 22602 (540)662-4185 Mailing Address of Attorney-In-Fact 'Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the folio win ,for the above identified property. n Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescindormodif it Signature lL- /� ' Title(if s' vng on behalf of an enti State of Ir ( •01 ,County/City ofReber 1GK ,TO wit: I, f1(1G4�_ Ale,41 AQ,C ,a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this-Q—day of f l 20-10 It My Commission Expires p-?o Notary Public Registration Number: t D ALEXANDER LQ ;t:�TARY PUBLIC i "j;w.#7135427 J '�'f'::4Tli OF VIRGINIA "PIRES SEPT,30,20201 Frederick County Vif'17hlia 1<,t - r.,, Pay/Lookup`ages Payment Home Personal Property REaI Estate Dog Tags Pay Pmkikiq Violation Other Paymients ShoppingCart(0 Pin OpEions Change Email Real Estate Ticket Detail Previous 2019 REAL ESTATE Deplrrick'cttt RE20191325150002 Frequency 2 Supplemeattl a Name RCS INVESTMENTS LLC Map# 54 i 7A Account# 8028393' Name 2 Bill Date 0411812019 Acreage 9.800 Address 230 MILLER RD Due Date 1210512019 Improvements $1.141,50000 WINCHESTER VA Dese.BAKER LANE IND PRK L7A Land Value $674,50000 9.80 ACRES Land Use $000 Zip 22602 2890 _.. Minerals 5000 Penalty Paid 50.00 Interest Paid $0.00 Last Transactipn Date 11114P2019 (-urreat P:ar'ment+tstus Original Bill payments Principal Balance Due Penalty Interest Bulance Due M1 55,53&8A ($5538.80) $tr.00 $0.0n 4000 50.00 w_.�—.,,._l:�nsacii0n ILiKtor� Ts - Date Tppe Transaction# Amount Balance 121612019 Charge 0 $5,538.80 $5,538.80 1111312019 Principal Paid 19955 ($5.538.80) $0,00 Previous RCS INVESTMENTS, LLC REZONING IMPACT ANALYSIS STATEMENT Tax Parcel 54-7-7A Stonewall Magisterial District Frederick County, Virginia March 16, 2020 Current Owner: RCS Investments, LLC Contact Person: Evan Wyatt,Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester,VA 22602 540-662-4185 Greenway Engineering March 16,2020 RCS Investments,LLC Rezoning RCS INVESTMENTS, LLC REZONING IMPACT ANALYSTS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 12.61 -acre subject property owned by RCS investments, LLC identified as Tax Map Parcel 54-7-7A. The subject property is located on the northeast side of Imboden Drive (Route 1327) and adjacent to Interstate 81, The 12,61± acre subject property is currently zoned M-1 Light Industrial District and the Owner proposes to rezone the subject property to M-2 Industrial General District with proffers to allow for the construction of a new building that is projected to be 30,000 square feet in area that will allow for internal storage and processing of collected clean, reusable recycled materials. The Frederick County Zoning Administrator issued a Zoning Determination Letter dated December 5, 2019 advising that Recycling Operation land uses are permitted within the M-2 Industrial General District only and the subject property would be required to be rezoned for the proposed land use. Basic information Location: Fronting on the northeast side of Imboden Drive (Route 1327) adjacent to Interstate 81 Magisterial District: Stonewall District Property ID Numbers: 54-7-7A Current Zoning: M-1,Light Industrial District Current Use: Office; Transportation Services; Transportation Fleet Parking and Container Storage Proposed Zoning: M-2, Industrial General District Proposed Use: M-1 District permitted land use and Recycling Operations Total Rezoning Area: 12.61±-acres with proffers File 42131 R/]mpact Analysis Statement/LAW 2 Greenway Engineering March 16,2020 RCS Investments,LLC Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. The 12.61± acre subject property is currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed development of the subject property is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 12.61± acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed_ development of the subject property is not required for this rezoning application. Comprehensive Plan Conformity The RCS Investments, LLC 12.61± acre subject property is a component of the Northeast Frederick Land Use Plan (NFLUP) which is a large area pian within the County's Comprehensive Policy Plan. The subject property is located within the southern area of the land use plan and is identified as industrial land use based on its current zoning and development condition. Adjoining properties are identified as industrial and residential land use and are developed as office, warehouse and manufacturing; a townhouse subdivision and a mobile home park. The 12.61L-acre subject property is zoned M1 Light Industrial District and the Owner has proffered to limit land uses to those permitted in the M1 District and Recycling Operations that prohibit waste transfer stations and prohibit the outdoor storage of recycled materials used in the Recycling Operations. Therefore, the proposed industrial rezoning of the subject property would be in conformity with the Comprehensive Policy Plan and would be compatible with adjoining properties. SUITABILITY OF THE SITE Access The 12.61±-acre subject property is located on the northeast side of Imboden Drive (Route 1327) and is adjacent to Interstate 81. Imboden Drive is a two-lane state-maintained road which serves as access to the subject property and other developed industrial properties. Greenway Engineering met with the County Transportation Director to discuss the proposed rezoning and proffered land use restrictions and it was determined that the existing transportation network was sufficient to accommodate the future development of the subject property. Greenway Engineering prepared a traffic impact analysis waiver request dated File 42131 R/Impact Analysis Statement/EAW 3 Greenway Engineering March 16,2020 RCS Investments,LLC Rezoning December 19, 2019 which was approved by the County Transportation Director on January 21, 2020. Flood Plains The 12.61±-acre subject property does not contain areas of floodplain as demonstrated on FEMA NFIP Map#51069CO209D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 12.61+-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map and information from the Frederick County GIS Database. Soil Types The 12.61+-acre subject property contains three soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 1B Berks Channery Silt Loams 2-7% slope 9B Clearbrook Channery Silt Loams 2-7% slope 41C &41E Weikert-Berks Channery Silt Loams 7-65% slope None of the soil types on the subject property are identified as prime agricultural soils. The Berks Channery Silt Loam is the predominant soil type on the subject property and is considered moderate soils for the construction of small commercial buildings based on slope and wetness properties. This soil type is conducive for industrial development as evident by existing structural development on the subject property and adjacent to the subject property. Other Environmental Features The 12.61+-acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There arc no known environmental features present that create development constraints for the subject property. SURROUNDING PROPERTIES Adjoining propgM zoning and present use: North: MH-1 Mobile Home District Use: Mobile Horne Park South: RP Residential Performance District Use: Townhouse Subdivision Pile 421311!Impact Analysis Statement/EAW 4 Greenway Engineering March 16,2020 RCS Investments,LLC Rezoning East: No Zoning Designation Use: Interstate 81 West: M-1, Light Industrial District Use: Office;Warehousing and Manufacturing TRANSPORTATION The 12.61±-acre subject property is located on the northeast side of Imboden Drive (Route 13 27) and is adjacent to Interstate 81. The proposed rezoning from the M-1 Light Industrial District to the M-2 Industrial General District is intended to allow for the construction of a new building that is projected to be 30,000 square feet in area that will allow for internal storage and processing of collected clean, reusable recycled materials. These recycled materials will be unloaded, baled and warehoused internally to the proposed Recycling Operations Facility for distribution. The Owner's Proffer Statement limits the land uses on the subject property to allowed land uses within the M-1 District and to Recycling Operations. Additionally, the Owner's Proffer Statement prohibits waste transfer stations in conjunction with the Recycling Operations and prohibits the outdoor storage of materials utilized in Recycling Operations. RCS Investments, LLC currently utilizes 220 Imboden Drive for the parking of their vehicle fleet including trucks used in their collection operations; as well as for the storage of empty collection containers. The development of the proposed 30,000 square feet Recycling Operations Facility is anticipated to generate approximately 10-12 new vehicle trips per week from the subject property in conjunction with the distribution portion of the business operation. These additional vehicle trips will utilize Imboden Drive, Baker Lane and Fort Collier Road to access primary arterial roads and Interstate 81. This transportation network involves existing public road systems that can accommodate distribution traffic. Additionally, the distribution vehicle trips will occur during business operation hours which will not necessarily occur during the AM/PM Peak Hour traffic periods. Greenway Engineering met with the Frederick County Transportation Planning Director to discuss the proposed rezoning application and the additional traffic generation projections for the proposed 30,000 square feet Recycling Operations Facility. The Frederick County Transportation Planning Director determined that a Traffic Impact Analysis (TIA) would not be required and provided a TIA waiver for the proposed rezoning application on January 21, 2020 based on the following considerations: ➢ The Owner's Proffer Statement will restrict the property to land uses currently permitted in the M-1 District and to a Recycling Operations Facility with restrictions as a condition of rezoning to the M-2 District. ➢ The location of Tax Map Parcel 54-7-7A creates a constraint which will significantly limit the potential to expand of the proposed facility. ➢ The projected increase in vehicle trips associated with the distribution portion of the proposed facility is insignificant and will result in some new vehicle trips occurring during off-peak hours. File 92131 R/hnpact Analysis Statementl Aw 5 Greenway Engineering March 16,2020 RCS Investments,LLC Rezoning 9 The existing transportation network has been demonstrated to adequately accommodate distribution traffic. The Owner's Proffer Statement provides for land use limitations and restrictions that will adequately mitigate transportation impacts associated with this rezoning proposal for the 12.61±-acre subject property. SEWAGE CONVEYANCE AND TREATMENT The 12.61±-acre subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water has existing sewer infrastructure in place that serves the various land uses within proximity of the subject property and has an existing sewer easement on the subject property for a gravity main collection system. The gravity main collection system directs sewer effluent to the Opequon Wastewater Treatment Facility (OWTF) which has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to Frederick Water. RCS Investments, LLC desires to construct a 30,000 square-foot Recycling Operation that will allow for internal storage and processing of clean, reusable recycled materials that will baled and warehoused for distribution. The proposed facility will not be a sewer intensive land use; however, Greenway Engineering has utilized standard industrial land use calculations for the sewer demand projections specific to this rezoning application. Q= 75 gallons/day per 1,000 square feet industrial Q = 75 GPD x 30 (30,000 sq.ft./1,000 sq.ft.) Q=2,250 GPD TOTAL: Q=2,250 GPD projected sewer demand The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to Frederick Water. Frederick Water currently averages approximately 2.63 MGD of the allocated capacity and has approximately 2.845 MGD of allocated capacity available for future development projects. The projected 2,250 GPD for the 12.61 -acre rezoning represents 0.08% of available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service and owns and maintains the public water File#2131 R/Impact Analysis Statement/EAW 6 Greenway En&ecring March 16,2020 RCS Investments,LLC Rezoning infrastructure within this area of the County. Frederick Water has an existing 8-inch water line located along Imboden Drive that serves the 12.61 -acre subject property. RCS Investments, LLC desires to construct a 30,000 square-foot Recycling Operation that will allow for internal storage and processing of clean, reusable recycled materials that will baled and warehoused for distribution. The proposed facility will not be a water intensive land use; however, Greenway Engineering has utilized standard industrial land use calculations for the water demand projections specific to this rezoning application. Q =75 gallons/day per 1,000 square feet industrial Q=75 GPD x 30 (30,000 sq.ft./1,000 sq.fl.) Q=2,250 GPD TOTAL: Q=2,250 GPD projected sewer demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Additionally, Frederick Water is implementing the Opequon Water Supply Plan (OWSP) that will provide an additional 8.0 MGD of potable water during the initial construction phase which in currently underway. Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Additionally, Frederick Water has existing infrastructure that provides adequate transmission of potable water with adequate water pressure for land use and fire demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance and pressure. SITE DRAINAGE The topographic relief on the 12.61±-acre subject property generally follows a west-to- southwest pattern which directs drainage towards the rear of the property. A stormwater management system was previously developed which directs stormwater through an existing 20-foot drainage easement from Imboden Drive along the southwestern boundary of the subject property towards a stream channel within the Huntington Meadows Subdivision. This stream channel directs stormwater under Interstate 81 towards Berryville Pike(U.S. Route 7) and flows to the Opequon Creek. Development of the projected 30,000 square-foot Recycling Operation Facility will increase impervious area on the 12.61±-acre subject property; therefore, stormwater quality and quantity will be evaluated, and appropriate measures will be implemented on-site to mitigate stormwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to the regional storrnwater management channel and to adjoining properties. All stormwater management plans and erosion and sedimentation control plans associated with the development of the subject property will be required to be designed in conformance with all File#2131 R/hnpact Analysis 5tatezncnt/EAW 7 Greenway Engineering March 16,2020 RCS]nvestments,LLC Retuning applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed industrial land use on the 12.61 -acre portion of the subject property proposed for rezoning can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4' edition). It is anticipated that the buildout of the Recycling Operation Facility will yield 30,000 square feet of new land use; therefore, solid waste disposal impacts are based on the following projections that provide the increase in average annual solid waste volume for the proposed rezoning: AAV=5.4 cu. yd. per 1,000 sq, ft. industrial AAV=5.4 cu. yd. X 30 (30,000 sq.ft./1,000 sq. ft.) AAV= 162 cu. yd. at build-out, or 113.4 tons/yr. at build-out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 113.4 tons of solid waste annually on average. This represents a 0.056% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the industrial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional. Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Third Battle of Winchester Property (#34-456) within proximity of the 12.61±-acre subject property proposed for rezoning. The Frederick County Rural Landmarks Survey identifies the Third Battle of Winchester Property as already on the state and national register of historic places and approximately 447 acres of this property has been purchased by the Civil War Preservation Trust. This property is located on the east side of Interstate 81 and adjoins land that is developed as residential, commercial and institutional land use. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the 12.61±-acre subject property proposed for rezoning as being located within the defined Opequon (Third Winchester) core battlefield area, The National Park Service Study further identifies the subject property and all developed properties on the west side of Interstate 81 as areas of lost integrity resulting from intensive urban development in this portion of the County and the City of Winchester. File 42131 R/Impact Analysis Statement/EAW g Greenway Engineering March 16,2020 RCS investments,LLC Rezoning The development of additional industrial land use on the 12.61±-acre subject property proposed for rezoning is consistent with other properties in this area of the County. The Northeast Frederick Land Use Plan (NFLUP) does not identify the subject property as historic or as developmentally sensitive area. The proposed rezoning of the property will not create negative impacts associated with historic properties and historic resources, OTHER POTENTIAL IMPACTS The development of the 12.61±-acre portion of the subject property proposed for rezoning will a allow for the development of a 30,000 square-foot Recycling Operation for internal storage and processing of clean, reusable recycled materials that will baled and warehoused for distribution. This proposal will provide new economic development opportunities for Frederick County and will assist Frederick County in reducing impacts to the Regional Landfill. It is recognized that the development of industrial land use has the potential to increase service demands on fire and rescue services; therefore, the Owner's Proffer Statement provides a monetary contribution of$0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 12.61±-acre subject property. File#2131 R/hnpact Analysis Statelnent/EAW 9