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HomeMy WebLinkAbout01-14 ApplicationREZONING APPLICATION #01 -14 Cowperwood FEMA Staff Report for the Board of Supervisors Prepared; July 28, 2014 Staff'Contact: ,Michael T.'Ruddy,,A'ICP, Deputy Planning Director Reviewed Action. Planning Commission: 07/16/14 Recommended Approval Board of. Supervisors: 08/13/14 Pending PROPOSAL; To rezone Y.24+/--.acre g.-of an 1`8.34 -acre property from RA (Rural Area) District to 132 (Business 'General) :District with proffers. The balance of the property is to. remain 16:53 + /- M_1 (Industrial, Light) District, and 0.57 + /- RA (Rural Area) District. LOCATION: The property is located: on the west side of Martinsburg Pike (Route I I - North) and is located 4pproximately`0.6 miles, north of lnterstate4l .Exit317. EXECUTIVE- SUMMARY & CPC RECOMMENDATION FOR THE, 08/13/14 BOARD OF SUPERVISORS MEETING: This is a request to rezone a small portion, 1:24 acres, of a`larger 18:34 =acre tract for the purpose of f ` enabling °the property,owner to subdividethe, 1;24 acres from the parent tract as anew tax parcel. This would then allow thee existing single family residence to be. on the 1.24 -acre parcel, and the FEMA Office complex on the balance of the pro_ perty. A.Proffer'Statement, chted F.ebruaryl4, 2014 and revised June 17; 2014, has been provided that limits the development on the 1:24- acre parcel to the existing single :family detached dwelling;, ensures the access to, the property .is via the existing entrance and does. not permit any new connections to Mart'insburg.Pike, and dedicates the appropriate amount of right of way (20') for future: improvements to Martinsburg Pike. The-'proposed. commercial land use is consistent, withthe future•commercialaand use identified in the 203:0 Comprehensive Plan and the Northeast Land Use Plan and. property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change,ofuse bavebeen:lirnited by the scope of the proffer °statement. Therefore; no additional impacts to Frederick County or the surrounding_ property owners; are anticipated. The, Planning Commission. recommended approval _of'the 1.24 -acre rezoning, request from RA (Rural Area) District to B2 (Business General) District with proffers. Followinzthe required public hearifiz a decision reeardinz this'- rezoning application b -y`the Board;ofSupervisors would be appropr,[ate;- ,The applicant should be prepdired to adequately address all concerns raised by the Board. of Supervisors., Rezoning #0.1 -14 Cowperwood FEMA LLC Juiy.28; 2014 Page 2 This .report is prepared by the Frederick County Planning Staff to provide i►zforniati.on to the Planting Commission and the.Board ,qf Supervisors to assist them in making a decision on this application. It inay also be useful to others interested in this zoning 'matter., Unresolved issues concerning this application are:noied by staff where relevatit throughout this staf�repert. Reviewed. Action. Planning Commission; 07116 /1;4 Recommended Approval Board of Supervisors: 08/13/14 Pending PROPOSAL: To rezone 1:24 + /- acres of an 18:34 -acre property from RA (Rural Area) District :to 132 (Business, General) District with proffers. The balance of the property is to remain 16.53 + /- M1 (Industrial, Light) District,. and 0,.;57 ± /- RA (Rural Area) District. LOCATION: The property °is on the, west sideof Martinsburg Pike (Route 11 North) and is' located approximately 0.6 miles north of.lnterstate 8.1 Exit 317. MAGISTERIAL DISTRICT: -Stonewall PROPERTY ID NUMBERS:, 43 -A -111 PROPERTY ZONING: M1 (Light Industrial) and .RA (Rural,Area) PRESENT USE: F°EMA Office and Single Family Residence ADJOINING PROPERTY ZONING & PRESENT USE:, Worth:' RA'(Rural.Areas) Use: Residential i South: RP (Residential Performance) Use: Residential East RP (Residential,,Performance) Use: Residential. West: MI (Light. Industrial) Use: Office REVIEW EVALUATIONS: 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 owners are anticipated. Accordingly, the review agencies that reviewed the: application were 1'irnited to the County Attorney; County .Planning,,and County Transportation. Frederick ,County Attorney:, The Proffer Statement -is' in a form to meet the requirements, of the Rezoning #01 -I4 Cowperwood. FEMA LLC July 28, 2014 Page 3 Frederick County-ZZoning Ordinance and the Code of Virginia and is legally sufficient as a .proffer statement..- Plainnhig & 'Zoning: 1) Site History The 16.53 -acre balance ofthis Topertythat is presently'zoned M.J (Light Industrial) was part of they Rutherford's Farm, Industrial Park'Rezoriiiig„ approved in ,2002. The original' Frederick County Zoning Map (U.S.G:S Winchester ,Q.uadrangle) depicts the zoning for the L24 -acre portion for which the; rezoning is being,requested:as R-3.(Residential- General) District. .On October -X, 1980;.P,arcel 43 -A -1 11, in.additionto Parcels 43-.A=96,43-A-- 98; 43 -A -99, and a portion of443 -A -97, were rezoned.from.R -3 fo A -2 during a..Comprehensi've Downzoning. The A -2 (Agricultural General) Distri;ctzoning classification was modified °to`RA (Rural Areas) District-on February .14; 1990 :during; the comprehensive. amendment 'to the County's Zoning Ordinance. 2) Como'rehensive Policy.Plan The proposed_.commercial'land use;is consistent with the.future commercial land use`identified. in the 2030 Comprehensive Plan and the Northeast Land Use.Plan;and the property is within.the Sewer -and, Water Service Area (SWSA). 3,) Site Suitability /Environment The site contains no-identified environmental features or. site development constraints'. Therefore, the site would be suitable, for commercial development in the future. 41 Potential lmpacts The impacts, associated with'the change of use have,been limited by the scope of the proffer statementao, the existing single family detached residence. Therefore; no additional impacts-to Frederick County or the surrounding property owners are anticipated. In anticipation offuture transportation needs in the Martinsburg.Pike- Corridor (as'idenfified in the Northeast Land Use P.lan),'the Applicant has Worked with Transportation Planning and t uDOT to enable the dedication'of 20" of right of way =across the property frontage, when ' needed: This is consistent with the anticipated future right of way needs associated with this. project. 5) Proffer Statement (Dated:February 14, 2:0:14 and revised June 17, 2014) Development on the 1.24 acre:parcel has been limited to..the- existing single family'detached dwelling. As'ths`'is °.proffered, this ensures, that the potential impacts are limited. Rezoning #0 1 - 14 Cowperwood'FEMA LLC July 28, 2014 Page 4 The proffer statement limits access for the existing single family dwelling to the existing access drive; shared with FEIVMA. The proffer statement furiher expresses that additional connections to Martinsburg'Pike alongthe frontage of,the,property is restricted. The proffer statement dedicates the appropriate amount ,of right of way (20') for future improvements to Martinsburg.Pike. STAFF CONCLUSIONS FOR'THE 07 /16/14 PLANNING COMMISSION MEETING': This is a request to rezone a small portion, 124: acres, of a larger 18.34 -acre tract for the purpose of enabling the property owner to subdivide the 1..24 acres from the parent tract as a newfiax parcel. This would then allow the existing single family residence to be on-'the 1.24 -;acre parcel and the FEMA Office complex on the balance of the,property. A Proffer Statement, dated February 14, 2014 and revised June 17, 2014; ha&been provided that limits the development on the 1:24 -acne parcel to the existing single family detached dwelling, ensures the. access to, the property is via the existing entrance and does not permit any new connections to Martinsburg Pike;, and dedicates the appropriate amount of right of way (20') for future improvements to Martinsburg Pike. The proposed commercial land use is consistent with the future commercial land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the propert y is within the Sewer and Water'Service Area (SW$A).::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 - owners are, anticipated Rezoning #01- 4 4Cowperwood FEMA.LLC July 28 2014 Page 5 PLANNING CON1lVIISSION SUMMARY & ACTION OF THE 7/16/14 MEETING: The applicant's. representative; Mr, Evan A. Wyatt of Greenway Engineering, provided a detailed history of the appl'icant's pursuit in' getting the residence severed from the balance, of the FEMA property. Mr. ,Wyatt reported that back in 2006, a waiver exception to the minimum lot size was initially sought, however; the'Board preferred the applicant come back with a; rezoning. He said from ,20.08 until a year ago, momentum to pursue rezoning was lostdue to the recession. More recently, this effortwas again.approached because the minimum lot size was no longer an issue, enabling.subdivision of'the•property. Upon his consultation with the Planning Staff, the applicant noted the Comprehensive; .Plan calls,for properties along the fronfageiof Route'1 T tube commercially ,-zoned over. time. Therefore, he: said this request -is for B2. Zoning, to restrict, by proffers the use of.the property to residential, and. will be followed by the, subdivision of the parcel from the FEMA tract., The Planning Staff pointed out within this�particular area, there are a variety of small, existing residential lots up and,dow,n.Route I I.; however; the future land use?is identified as commercial. Subsequently, over time, these pareels,'will convert to the commercial designation and eventually, there will be a mass that would be sufficient; enough to support a commercial project of substance. One area resident spoke during the citizen.comments portion of the,public hearing. She.assumed the business' rezoning would give the property owners the ability..to conduct a business on the property and she believed a business would negatively affect the appearance of the,'area and the quality of life for existing residents. A member of the Commission asked if there were any by =right commercial uses the property owner could do, even,though;the profferrestricts the property to residential use. The staff replied the - residents of the property could conduct a home :occupation, but not a conditional use permit. No other issues were raised. The Planning. Commission unanimously.reconimended: approval of the rezoning with proffers. Staff'-would recommend approval of the .1.24 -acre rezoning request from RA (Rural_Area) District -to BI (Business' General) District with proffers. Follownag,tlze required publi.c,llearin -z; a decisioiz re- arding,thisrezoning application by the Board j of Supervisors would be appropriate. ' The applicantshould be prepared to adequately address all r conrerns,kaised'by the, Board ofSupervis&s. �I 1 I M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) O L4ffift Q\ 1y5�R OR . r f Note: Frederick County Dept of Planning & Development REZ # - 14 N Kent St e PIN s: Suite e 202 43 _ A _ 1 11 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 25, 2014 Staff: mruddy 0 120 240 480 Feet Applications Parcels Building Footprints ( B1 (Business, Neighborhood District) \> B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) )Q� HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) O L4ffift Q\ 1y5�R OR . r f Note: Frederick County Dept of Planning & Development REZ # - 14 N Kent St e PIN s: Suite e 202 43 _ A _ 1 11 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 25, 2014 Staff: mruddy 0 120 240 480 Feet 7General Applications Parcels Building Fo O B1 (BusineDistrict) B2 (Businet) B3 (Busine, ition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) f `� MS (Medical Support District) OM (Office - Manufacturing Park) )� R4 (Residential Planned Community District) R5 (Residential Recreational Community District) _ RA (Rural Area District) RP (Residential Performance District) �Ir � • ,,may 5-1111 h _ f lo P� `O 'VSDH p0. hSR z 0 $ eq MERCEDESAli;, Note: Frederick County Dept of Planning & Development R E Z# 01 - 14 107 N Kent St PIN -: Suite e 43 - A - 1 1 1 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 25, 2014 Staff: mruddy 0 120 240 480 Feet Crecnway Engtncering Febru 141, •1201 4 RevisedJone 17, 2014' Cowperw6ad ITMA, LLCzRe_zpn.ing, C OWPERW OOD FEMA; LLC COMMERCIAL PROPERTY PROFFER, STATEMENT R_EZO_NlNG,,.-, RZA Rural .Areas ,,:(RA) District to :Business ,General ,(B2) District,mifth Proffers PROPERTY:; I :24±,. aw I r e -portion of 18.34± acre, parcel Tax Parc' el, 413 = A -11. 1 'RECORD. 04-NIER. Q­ \yperwood'. FEMA,.L.W 0 APPLICANT' LLC(hefo-intafter the "Owner ") PROJECT 'N AVE,., C6wp'&Wood.FEMA, LLC:Commercial Property ORIGINAL DATE d 'OF PROFFERS: "February 14,2G14 REVISIONDATE, Jdw 17j,-12014 Preliminary Matters - Pursuant` ,to Section Et. Seq., .of' the Code of'Vi,rgin-ia 1950; 950, as amended,, and the Proy' ion of: the Frederick County Zoning Ordinance with"r0sp6ct to conditional -S ZoRing., the', undersigned, OWnerhereby, proffers that-Jit the T e-Y&M, �the I Board, of,&per _,Njsor& V of'Fkoderibk.JCodrfty, .ir�RI]Rl,a,,§,,hal.l.�4pprcive,Rezoffiifg Application for the Tezoning Of .11.24±--�acres of.Rural Areas (RA.�.District`to 1.,24±.-acres, of' siness B General eneral (142) .District With proffers.,,develboment of the subj;e'dt -prppert,.y ( "Propierty!-'), shall be done An conformity: with; the -terms. and conditions set, forth herein, OCC-q0t 10 the,, &tdfit that such, terms and �conditioft&,,rnW be,subsequen#y .amended ;or revised by the 0*416-r and such app TQ ye4 by the'Frddbfick Cou nty Boa-r-d - .of Supervisors in accordance with the said; ,Code�;and Zoning; Ordinance. In,the,6veiit. that such rezoning js ,ha n, granted, the tbpse.or,offer,s shall, ho,de,e-'-m'ed wfifidraw n and haye- no, effect` whatsoever. These proMrs shall be binding upon the,Owneran&any successors, or assigns- of the Owner. The rQp.Qrt-,y,,Illderitifi"ed.ag'C'O-�,wpefWoodFEMAi'LLC-Commercial. Property and more particularly described as land owned (2o.,Wper"wdod FEM-A, 24 tit, befnga f acre, portion ,bf Tat. Mao; -Parcel 43- A -`111 (tax: parcel 43 =A- 111; acquired as. Instrument No, 060Q. 004)i ;as- sho',wn,pn,the plattitled Rezoning, Exhibit, by'Richard A., Edens ­- "FileW2195YEAW I (Y reenwiy Engibeffing FlOruary 14,,,,2014 Cow"'Pidwood H_`MAj.LECRezoning Revis-ed June 17, 2014 C0WPERW00D'FEMA,L'LC COMMERCIAL PROPERTY PROFFER STATEMENT A. Land Use 1) The Owner herdb y proffers to limit development of the Property to the existing single- family ingfe-family detached dwelling. Thi's proffer allows for the expansion and/or re p a ir of the existing. single-family, dwelling in accordance, with. all applicable state and.local requirements provided that the structure remains as a single- family detached dwelling.. B. Transportation 1) The Owner'hereby proffers to dedicate *a right-of-way area along the frontage of the Property that -is 20' in width forthe,future widening,of Maftinsburg Pike (U.S. Route 11 North); The Owner will dedicate'the 20'-wide right -of -way to VDOT at such timel: that it is r(quested''by VDOT or Frederick- County in writing for the Martinsburg: Pike widening project:, 2) The Owner hereby proffers to utilize the existing access drive located on tax parcel 43 -A -.111- for the, existing single-family ddaehed dwelling for access to the 9 public street system, and proffers :to restrict additional connections to Martinsburg Pike along the frontage of the Property. OWNER NOTARIZED SIIGNATURES,.ON'FOL-LOWING,PAGES File-12795YEAW 2 f' Greenway'Engineering February 14, 2014 Gowperwood FEMA,, U.C. Rezoning, ROised.June 17.; 2014 'Signature The conditions proffered above shall be binding upon the successors and assigns 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. Cowperwood- FEMA, LLC Date Edward J. Sussi, Executive Vice,President State of New York, Y City /County of NEW 109 -K_. To Wit: The foregoing instrument was acknowledged before me this day of J U�tiC 20,14- by Cn WA)2_ � tC -GZj)T I Ve: V I Gc iLC=31 bC7J Notary Public NANETTE BRANNIGAN My Commission. Expires TWO?- 2 �F, ZQ f ;. , Notary Public St1 f P New York No:-.31'- 4875068 Qualified in New York County Term Expires October 27, 20 f4- File #2795J/EAW 3 ;Rezonang Comments' Frederick County Attorney Mail'ao:> Handi deliveesto: Frederick County Attorney Frederick County Attorney Co Adrnfnisfirat- on:Bldg '-"FiO Co Adrftinistrafion Bldg., 3rd Floor 107 North ILent Street . 107 North Kent Street Winchester, Virginia 226..01. Winchester, Virgin a (340)'6.65-6383 Appi_c"`ant's Name: 'Greenway %Engineering ,line; Te }'ejJjlQrie 540 = 662 =41$5, Wilin ,Address 1s1 Winoyrliu bane y Winchesfer, VA 22602 Location of property ; Wewf .Iqe of MaRinsburg;f?Eke (tJ S: Route 11 North); approximately 0;y6 miles north of interstate,81 Exit`317 Ccutenf "zoning; W1 Zo6ing rei�uestect ; 1 � RA & s2 Acreage: 'I •24+) -'B2° COUnty Attorney's Comments: ourity Attonjey,s Signature & pate Notice to Coynit'y Attorney= 19 ,turn'Tl is Forna'to fie''Applicant 0 Evan-W., att Froth: Mike Ruddy <mruddy@fcva.us> Sent: Friday, May 16, 2014 3 -50 PM To, Evan Wyatt, Cc., John 'Bishop Subject: Cowperwood FEMA, LLC Rezoning Good;affernoon Evan., Staff has had the opportunity'to review the Cowperwood FEMA, LLC Rezoning application submitted to our office. This is 1.24 acre commercial B2 rezoning requestrepresents a portion of the larger 18.34 acre parcel identified with PIN 43 -A- 111. The balance of the: property retains its current zoning, 16.53 acres of M1 District, and 0.57 acres of RA District. One item; in the :Proffer Statement,, Transportation Proffer B. 1), should be:.modifiecl to include Frederick County as an entity (along with VDOT) that may request in writing-that the owner dedicate the 20'- wide right -of -way to VDOT for the Martinsburg Pike widening project. We look forward'to the official submission of this rezoning application. Sincerely. Mike. Michael T. Ruddy, AICP' Deputy Director; Frederick County�.Department of Planning &Development 107 N. Kent Street Winchester, VA,22601 (540)665 -5651. mruddv @fcva.us www.fcva.us /planninp, IMPACT ANALYSIS STATEMENT COWPERWOOD FEMA, LLC COMMERCIAL REZONING iAo rig February 14, 2014 Tax Parcel # 43 -A - 11 1,(18.34±. acres) ,Rezoning Portion of Parcel 1.24± acres .Contact Person: Evan Wyatt, AICP eWqatt @ geeen w-a-Yeng.com T:540.662.4185, C: 540:974.2701 151; Windy Hill Lam ' B Winch6sier, VA,22602 FND%3r!97' G REENWAY ENGINEERING Impact Analysis Statement February 14; 2014 COWPERWOOD FEMA,.LLC REZONING INTRODUCTION.. This report. has 'been prepared for the purpose of assessing the 'impact on Frederick County by the :proffered rezoning of a 1:24± acre portion of Tax,. Parcel 43 -A -111, owned. by Cowperwood FEMA, LLC. Tax- Parcel 43 -A -111 is an 1,8.34 ±, acre parcel, of which 16.53 +_ acres is zoned M451"Light Industrial District arid 128`1 ±"acres is zoned RA, Rural Areas District. Currently,, the M =1 ,District portion of the= property is developed as an office facility that, is under a long -term lease with FEMA, and the RA District portion of the property is developed. .as "a,, single - family detached residence 'and also contains an access driveway leading to the gated portion of the office facility portion, of the property. This access 'driveway is limited tot delivery traffic and also serves as an emergency access. Cowperwood FEMA-,; LL( desires to rezone a 1.24± '.acre portion of the RA District acreage that is outside -of the access driveway to. the B-2, Business General District. Subsequent to approval of the B -2 District,zoning, he propeiay owner desires to subdivide the 1.24 ±, portion of the 18.34± property :as a new tax parcel, which will contain the existing single family detached residence. Basic information. Location: West side of Martinsburg, Pike (.U.S. Route 11 North) approximately 0.6 miles north of Interstate 8'1 Exit 317. Magisterial District: Stonewall District Property ID Number: 43 -A -111 Current,Zoning: M -I, Light Industrial District and RA, Rural Areas District Current Use: FEMA Office and Single - Family Residence Proposed Use:. No new land uses are. proposed. 'The 1.24± acre B -2 District portion is proposed to be subdivided subsequent to the rezoning process. Proposed Zoning: 1.24± acre B -2 District portion of Tax Map Parcel 43 =A -111. Total Rezoning Area: 1.24± acres Greenway Engineering,, Inc. 2 Project #27957 0 Impact Analysis Statement February 14, 2014 COMPREHENSIVE POLICY PLAN Sewer and Water ;Service Area 'Tax Parcel 43 -A -111 is: currently_ located within the; Sewer and. Water Service. Area (SWSA). Therefore, the rezoning:of this property for commercial land use is appropriate based on current policy_ .' The :l :24± acre subject property-has access to public water and public sewer service. Therefore, the request to rezone the subject. properties from RA, Rural Are District to B -2, ,Business General District . will not require the expansion of the SWSA or the extension of public water and sewer infrastructure to serve the subject properties, (Please refer to the, UDA and SWSA Map Exhibit.) Northeast Frederick Land Use Plan Tax Parcel. 43; -A -111 is a component of the Northeast,. .Frederick= :,Land Use Plana This parcel is located along the Martinsburg Pike corridor, which is planned 'for future business,land use. "Therefore, the request to rezone the subject properties from RA, Rural Areas District, to B -2, Business General District is ,consistent with the future land use identified. in' the Comprehensive Policy Plan. SUITABILITY OF THE SITE Floodplains The 1.24± acre subject property islocated on FEMA NFIP Map #51069CO210D, dated September 2, 2009. The'FEMA.NFIP map identifies the subject properties as a Zone X — Area outside the 0.2% annual chance floodplain. Therefore, the proposed rezoning will not impact existing`floodplain areas. Wetlands The National Wetlands `Inventory Map (NWI) does not identify wetlands on the 1..24± acre portion of the property .that is .proposed to be rezoned to the B -2 District. The, NWI identifies the- nearest wetland area approximately 1/3 -mile ;north of the subject site; therefore the proposed.rezoning will .not impact defined wetland areas. S "teep Slimes The 1.24± ;acre subject prop_ erty does not contain areas, of ;steep slope. The subject . property has gently sloping topographic relief that runs from a 690' elevation in the western portion of the property, to a 683' elevation in the eastern potion 'of the property, which results-in an approximate slope of 5 %. Therefore_, the proposed rezoning will not. impact,steep slopes.. Greenway Engineering, Inc'. - • 3 Project #2795J Impact - Analysis Statement February 14, 2014 Mature Woodlands The 1.24± acre ,subject property pis' developed as: ;a, single - family detached residence and does not contain. areas of mature woodlands. Therefore, the proposed rezoning will not impact mature woodlands.. Soil Types The Soil Survey of Fredrick: County; published by the USDA Soil Conservation Service was consulted to determine soil types contained in this, tract. The subject site is 'located . on map sheet number 24 and contains, the following soil ,type: 5'B;: Carbo Silt_Loam 2-7% slope' . The USDA Soil Conservation Service identifies. Carbo, Silt Loam. as prime agricultural soil's in Table 5— Prime Farmland Soils in the Soil Survey.. The portion of the subject property proposed for rezoning is: developed as. a single - family detached residence; therefore, no agricultural activities will occur, on the, property, 'Construction Conditions The USDA Soil Conservation Service identifies the Carbo Silt Loam as permeable soils with a high. shrink -swell potential. Depth to bedrock, shrink °swell, and permeability are identified as creati "ng limitations for development. ift should be noted -that this soil -type is prevalent within developed parcels in the vicinity of the portion of the subject site that is proposed.,to be rezoned.. Lakes and Ponds., The 1.24± acre. subject property does not contain takes or, ponds. Therefore, the proposed -rezoning will not'impact these environmental features: Sinkholes' There is no evidence of sinkholes within the 1..24± acre portion of 'the property 'that is proposed' to be, rezoned'. SURROUNDING PROPERTIES Adjoining property Zoning and present use: North: Zoned RA, Rural, Areas District Use: Residential Greenway Engineering; Inc. 4 Project #2795J. InmpactAnalysis Statement South: Zoned RP Residential Performance Distric-.t East: Zoned. RP Residential Performance District. West: Zoned M -1, Light Industrial District TRAFFIC Ll February 14, 2014 Use:.Residential Uses Residential Use: Office & Unimproved The 1.24± acre portion of the Cowperwood FEMA, LLC property that is proposed for rezoning is developed as a single - family detached residence. The remaining portion of Tax Map. Parcel 43- A =1`il is developed as a secured office and warehouse facility that is under a .long -term lease agreement with FEMA: An access drive, has been developed adjacent to the 1.24± acre subject property, which 'is .gated to the west and provides for delivery _service and emergency service access to the FEMA: office and warehouse facility. The ex- isting:single- family detached residence is the only land use permitted to have ingress and' egress over the access drive. Additionally, the Applicant's proffer statement limits, the use of this property to the existing single- family detached residence. Therefore, the proposal to rezone the'1.24± acre portion of the Cowperwood FEMA, LLC property will not create :any :additional traffic impacts to. the Martinsburg Pike (U.S. Route 11 North) corridor. As a result of these existing conditions, the County Transportation Director has advised that a traffic impact analysis statement is not required for this rezoning application. The Northeast Frederick,Land Use Plan identifies the ultimate condition of Martinsburg Pike as an Improved Minor Collector that will be a six lane divided. ;roadway. Martinsburg Pike has �a right -of -way width of 80 feet, of "which, there is 40 feet from the centerlinecto the frontage of 'the subject property. Therefore, 'the Applicant's proffer statement provides for a 20 -foot right -of -way dedication. along the frontage of the subject property to accommodate the right -of -way needs for this future improvement. SEWAGE CONVEYANCE AND TREATMENT The- 1..24± acre portion of the Cowperwood FEMA, LLC property that is proposed for rezoning is developed as a single- family detached residence that, uses an. existing,,septic system. `The office facility on the .Cowperwood FEMA;. LLC property was developed with public sewer, and a sanitary sewer easement has been established that provides for the: ability for subject property to connect to public sewer in. the future. The existing office facility was designed to direct effluent - through an 8 -inch sewer line to the Hiatt Run sewer pump station. located adjacent to the Winchester and 'Westerri Railroad. This pump station directs efflueritto.the Opequon.Wastewater Reclamation Facility, which has a flow capacity of 12.6 MGD.. This regional pump station was sized accordingly to Greenway Engineering, Inc. Project #2795J ImpactAnalysis Statement February 14, 2014 accommodate thei sewer 'needs of the subject site,, as well as other land areas within this portion of the County. WATER SUPPLY' The 1.-24± acre portion of the' Cowperwood. FEMA, LLC property that 'is proposed for rezoning is developed as a single - family detached residence -that uses an existing well system. The office facility on the ,Cowperwood' -FEMA, LLC property was developed with public water, which, established a tap on the existing 10 water transinission. line that is .located along Martinsburg :Pike and constructed a 10" service line across the access drive that serves the subject property. The water service line has been looped to create adequate pressure and fire flow;,, which provides the ability for the subject property to connect to public water in the future DRAINAGE The topographic: conditions of the 1.24± acre subject property direct stormwater from the high point.in the westdh ,portion of the -property, to the low point in the: eastern portion of the property adjacent to - Martinsburg Pike. An existing drainage and stormwater management casement, was established on the subject property during the development. of the office facility. 'This area was improved to accommodate stormwater from the office facility and the�txisting, residence. , Therefore, the proposed;.rezoning will not have an adverse impact .regarding- stormwater -discharge from the subject site that could impact adjoining properties or receiving systems., EMERGENCY SERVICES The 1.24± acre subject property, is' located, approximately 3' miles south of'the Clearbrook Volunteer Fire and Rescue Station; therefore, response .time from this facility to the existing,residential' dwelling is within a reasonable .response time. This is an existing use; therefore, the proposed rezoning does not create any additional impacts to emergency services. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual' residential consumption ,of 5.4 cubic yards per household (,Civil Engineering. Reference Manual, 0 edition),. The followingfigures demonstrate solid waste impacts from the existing residential dwelling on the subject property: AV =, 5.4 Cu. Yd. per household A.V • 5.4 Cu. Yd. x 1.residential unit, AV ---.5.4 Cu. Yd. 'Greenway Engineering, Inc. 6 Project #2795) ImpactAnalys s ;Statement February 14;;2014 The impact. _on 'solid waste associated with th'e exisfing;:fesidence is .already calculated into °the 'annual 'average solid; waste assumptions` for the Municipal Solid Waste area, of the Regional: Landfill, which currently averages 200,00.0 tons pets year. Therefore, there are 4noadditiondl impacts o solid waste: disposal_ as a, result.of this.rezoning application. H'IST,ORICAL,SITES AND STRUCTURES J The 1;24 ±:acre subject °property, is located wthin'the boundaryof the Second Winchester Battlefield. area'- designated by ,the National,. 'Park Service Civil war Sites in. ,the Shenandoah: Valley Report: However, this report does not :identify the; site as being .located Mth';a.corebattlefield area. Tax paree143;A -11.1 is completely developed, which includes an office facility, par ki:ng`lots and access drive, dndA "residence; therefore, there' °is, no site integrity of historic vatue associated wAh; this,parcel. . OTHER COMMUNITY FACILITIES ` Educational - .Facilities: The :.,proposed, rezoning doe's not allow for new :development in conjuncfion with this proffer ;statement; therefore, this request, will. not create ; additional impacts 'to the Frederick County . blic School. system, Parks'. and Recreation The proposecl . rezoning,40es not allow for new ,development ,in conjunction with this proffer -statement; therefore; this request will not vrea'te• additional impacts to the, 'Frederick Countypublie.park,system: Emergencyy. Services. The 1.24 ;acre subject property,is located.approximately 3 miles south ofahe Clear =brook Volunteer ;Fire' and Rescue Stations therefore, response time ;from this :facility to the existing residential. dwelling is within a reasonable ,response time. The proposed rpzonin 4dOes,ffot allow, for new development in .conjunction with this ,proffer statement;',' therefore,, this, request will, not create additional itn,pacas' to emergency services:. Libraries The- proposed rezoning does. not, allow 'for new development _in conjunction with this proffer statement; 'therefore, this request. will not create, additional impacts to the Frederick: County °library° system. Greenway Engineering;,`Inc.:- 7 'Project: #27953 'Impact Analys § SWement F&riiaiy 14, 2014 Local Government The proposed rezoning does not .allow for new .development °in conjunction with this proffer statement;. therefore; this request; will not create additional impacts -to other- services�provided by Frederick County. &eenway Engineering;,Inc. Project #2795) COWPERWOOD FEMA LLC PROPERTY REZONING COWPERWOOD FEMA LLC PROPERTY* AERIAL OVERVIEW STONEWALL MAGISTERIAL DISTRICT REZONING FND% V1971 FREDERICK COUNTY, VIRGINIA 2 -2 -2014 1PROJECT ID: 27951 IDESIGNED BY: DWE :: 1 1 nch = 200 Feet AERIAL OVERVIEW GREENWAY ENGINEERING _1 y -n 00 CL CID D W nm i > o n 0 5 o _0 (D CZ7 Q Q c o x (D (n c c (n W m y v r m v' v' .� Q 0- lD O O N Co m cD cD N cQ CD �!: m D a 0 N r �' CQ O n D' D 0 Q- o m 0 'a 4 COWPERWOOD FEMA LLC PROPERTY REZONING LOCATION and ZONING MAP STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA )ATE: 2 -2 -2014 PROJECT ID: 2795) DESIGNED BY: DWE CALE: 1 Inch = 200 Feet Z n m CA m a r O n O Z COWPERWOOD FEMA LLC PROPERTY REZONING LOCATION and ZONING MAP m 0%, FN[)% JF1071 GREENWAY ENGINEERING Co CD CD r CD Consolidated RR Co n C4 n+n cp v D m m Cn 0 0 CD D m v v W 0 c 0- m 00 x0 CD 0 r v o a o - m = W D x r (D r N 0 :3 .0 0 0 m COWPERWOOD FEMA LLC PROPERTY REZONING SWSA MAP STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA TE: 2 -2 -2014 PROJECT ID: 2795) IDESIGNED BY: DWE ALE: 1 Inch = 400 Feet COWPERWOOD FEMA LLC PROPERTY REZONING SWSA MAP FND`97r GREENWAY ENGINEERING U) U) D D u .4.1 o� U 0 �f. i 0 ■ III I�®p a ry cn to * � D n cn o v v -0 O cD o m � o O o c°, v -< m m T 'o 7 C K CL x D O C n (D r C) O (7 Q O / (D L Li 4 COWPERWOOD FEMA LLC PROPERTY REZONING COWPERWOOD FEMA LLC PROPERTY ENVIRONMENTAL FEATURES MAP STONEWALL MAGISTERIAL DISTRICT REZONING FREDERICK COUNTY, VIRGINIA 7 O 7h1 A �Dn iGrT in- ;jar i I�FSIGNFD RYA DWF ENVIRONMENTAL FEATURES MAP CD (D p. N p T r f%0, FNr) %x"Q%f GREENWAY ENGINEERING 11IFF 7 W 00 v- o i DD O W °x c-°u A D 00 m > o D O m m v a Cn - v -' D (n C7 m m m OD r0 p ( r A D o n N (D � O^' m °° O m -4 O r A m n K < z m U) �. zJ 07 � N p Cn O < M O V l v m m m W m D n �. m z n cn A r- 0 TI m 7 m :i U) I � 1'./ COWPERWOOD FEMA LLC PROPERTY REZONING SOILS MAP STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA E: 2 -2 -2014 PROJECT ID: 2795) DESIGNED BY: DWE' -E: 1 Inch = 200 Feet 1 COWPERWOOD FEMA LLC PROPERTY REZONING SOILS MAP f %, FND"7971 GREENWAY ENGINEERING of Qae �d i' �o 0 0 COWPERWOOD FEMA LLC PROPERTY I REZONING HISTORIC FEATURES MAP STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 2 -2 -2014 PROJECT ID: 2795) DESIGNED BY: DWE E: 1 Inch = 500 Feet COWPERWOOD FEMA LLC PROPERTY REZONING HISTORIC FEATURES MAP .. rt rt �9 "all FND`971 GREENWAY ENGINEERING A i i i I t . ' 1 i j I I, REZONING, APPLICATION FORA: FREDERICK CQUNTY,; VIRGINIA The following.infornititioyz §half be proWded by the applicant: All parcel ',identifi` cation =numibers, deed book and page numbers may be,obtained• -frorn the Office. of the, Commissioner of Revenue,, Real! Estate Division, 1,07 North K'en,t'Street','Win`chester 1. Applicant; N ;ame: 'Greenway.Engineering, Inc. Telephone: 540,- 662 -4185 ,Address: 151`1 Windy Hiil Lane Winchester, VA 22602 2. Property.Own.& (if4ifferenfahan abhove): Name; =•Cowperwood_'FEMA, LLC Telephone: 2112 =953- 00.0.7 Address: '375Park­AVenue „Suite 3701 New York NY'10152 3. Contacfperson. f`other -than :aboye . Name: Evan Wyatt T,etephone: 54&-,6,62-4,185 4. Property Information: a. Property identification Number( §): 43- A-111 b. Totatacreage :to'be rezoned: 1,24 +/- �acres c. Total acreage of'the parcel(§) to be. rezoned (if t ,e entirety of'the,parcel(s) : s; not being rezoned): 11:24 +l- `acres d. Current zoning designations) and acreage(§) in each designation: M:1: Distri;et 16,53, + /- : acres; RA District 1.8,1 +/ acres e. Proposed zoning; des gnation(s) and acreage(§) ,in each designation: nn D istr ct•16.53 ° acres; B =2 Di'strict -"1.24 +/- acres: RA District 0.5.7 ±/- acres, f.' Magisterial: - District(§); StoneiWM District 12 ,r l... 5,, Gheckhst ;Check "the following items that have lieeil included with 'tlisrapplication. -Locatio_n rnap Agency Comments 0✓ ��ees ✓_ Plat ✓ Dee property d to ✓ mpact Analysis Statement'_ Ve "rificahon of taxe "sopaid ✓F Proffer Statement _ .✓ _ p Plat. depicting;rexact: meets and bounds for therproposed zoning district _ Digital copies (pdf 's;) of.'all submitted documents, maps and'exhibits E 6.'' The :Code:of Virginta. allows vs to reques "t;:full disclosure ofownersl ip in relation to rezoning applications. N , 'Please H4 below all. _owners' or parties in °interest of the +land °to be rezoned; t `Cowperwood FEMA; LLC - Edwar6j.. Sussi,;Executive ViceRresident 7: Adjoining- Property:' PARCEL ID NUMBER ReferAo Attadhed Adjoining Property Owner Map & Table. USE `ZONING F 8: Location: The, proppi-ty is located at .(give exact `location based on nearest. road ,and distance from nearest °intersection, using road names and route numbers):' The 1:24 -v/ acre portion of Tax Map Parcel 43 -A. 11'1,p-roposed to be, rezoned B -,2 DistricVhas frontage on the west side;of Martinsburg` Pike,(U S, Route 1;1 North).and is located approximately Q, 6, miles north of Interstate 8,1 Ezit:317'; f 13 . 1tl li f t I f " .1N i { ;r 9.'The following informationshould be,provid`ed according to theaype of'rezonng ;proposed': Number of'Units Proposed. Single Family homes: 1,Ostns TOWnhonie: o - alVlulti- Family; o Non - Residential Lots: 0 Mobile Home: o Hotel.:Rooms: o. Square Footage,-ofProposed Uses... Office: o' Service, Station o. Retail; o`- Manufacturing 0 Restaurant o _ Warehouse, o Commercial: o Other;,, o 16. Signature: I (we); the undersigned, do hereby respect "fully, make application -and petition, the Rdderick County 'Board. of Supervisors to amend the.zoning ordinance and°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,tfiat "the sign issued when.this,application,is subiriitted:must be placed at the fronf= property line atleast seve "n days prior "�to the Planning "C.ommission public' hearing. and.the; Boar','d,of$ pervisorsrpublic1ie4ring and°maibtainedrso as to be visible from tl e:road right -of.- -way until theta liearing:, I (we:) hereby, certify" that 'thi's application and its 'accompanymgmat'erials are true-and ;accurate to ,the best" of my ",(our) knowledge.. Applicatit(s): ;Owner(s)- 14 Date: Date: ,Date: .Date: Sp&d- :Limited Po "er'of - Attorney County ofFrederick, Virginia mFreder" ckPlanning,Website ww.wxo federiek.va:us ' Departmenfof 'Plan ning,& Development, County of Ered`erick,;Virgit a 107 FNorth KentpStreet, Winchester; Virginia 22601 Phone (54Q)465= 6454 Facsimile (54,0)'6657-63,05, Know All Men By These Presents'::That;lI (We) (Name), Cowp6mood FEMA, LLC, (Phone) 212 953;0007 (flddresS) 375`P.ark Avenue Suite`3701, New York; fVY'10152 fihe owners) of Al -those tracts or, parcels of land ( "Property ") conueyed,'to me .(us); by deed recorded in the Glerk'S'Office:of the:COvdit:�Court of the County of F,r ,d ick,'Virginia,,by Instrument No. 66OU07sa: onTage° olas , andiis,d`escribed`as ':Parcel:; 411 Lot ^0. Block :A� S'ectlon Subdivision':, do`hereby make, constitute and appoint,' (Name). Greenway Engineering, Inc: (Phone) 540- 662 - 41.85, (AddreSS) 15,11 Windy Hill„Lane •Winchester VA 22602; To aci as my 'true `and lawful attorney in -fact 'for land in my (our) narne;: place and stead with ;full ;power. and -authority I :(we) would have if 'act'1ng ' persoriahy to file planning applications; for, my (our') above ',described Property,' including:. Rezop�ng4(including, proffers) Conditional;Use Berm "it .. Master Development. Plan (Preliminary and Final) Subdivision .. Site;Plan , �'J riance�or.Appeal,. My, attorney -in -fact shall have the authority to'offer proffered conditions, and to`make amendments to previously approved proffered conditions except as follows: - it-until it:is otherwise °rescinded,or "modified. ( )_ I hwltness thereof, Ili wee have here to set my'(our) handland seal this' t� day, of' i2i,1 _ , 20 (4-; FLEW` _: State of Yo County, of �EW: ,% , To -wit: Ni (l `fE ►;JQ 1•/ t,/; j G ,4 7 % ;. ;a Notary Public in, and, for tho,z jurisdiction aforesaid, ackno l`edged the same;before.me.gned to the foregoing -y. - ment�ersonally appeared before me and. `has certify that -the person(sj `Who s1 in the jurisdiction aforesaid this S :day of A IL , 20 14 . MyGommission, xplres f6, 2 ZOI¢ Notary Public A W D i O OD W W \.< A ;L D i i W COWPERWOOD FEMA LLC PROPERTY REZONING COWPERWOOD FEMA LLC PROPERTY ADJOINING PROPERTIES MAP STONEWALL MAGISTERIAL DISTRICT REZONING FREDERICK COUNTY, VIRGINIA 11 pan IFrT In 97Q', I IDFSIGN FD BY- DWF ADJOINING PROPERTIES MAP WD4144 9 7r GREENWAY ENGINEERING W j i i N D WD4144 9 7r GREENWAY ENGINEERING i t i `, ., _ o,, � s� i . ' � �.�" ,.� ,. , i � , AMENDMENT Action: PLANNING COMMISSION:. July 16; 20 -14 - Recommended Approval BOARD OF SUPERVISORSV: August 13, 20:14 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01 -14 COWPERWOOD. FEMA WHEREAS, Rezoning #01, -14 of Cowperwood,FEMA, submitted by Greenway Engineering to rezone 1:24 acres from RA (Rural.Areas). District to B2 (Business General) District;with proffers dated February 14,204 4, last revised on June 17, 20114; was considered. The property is located -on Martinsburg Pike(Rt. 11)'and `is located approximately Q.'6 miles, north of Interstate 81 and Exit '317. The property is further identified with P.I N. 43 -A -11.1 in the Stonewall- Magisterial,District. WHEREAS, the PlanningCommission held -a public hear_ing,on this- rezoning on July 16,12014, and recommended approval of this request; and WHEREAS', theBoard of:Supervisors held a public hearitig on this ,rezoning on August 13,2.014; 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 Policy Plan; N.OW, THEREFORE, BE IT ORDAINED by the Frederick. County Board of-Supervisors that Chapter 165 of the, Frederick County Code, Zoning, is amended to revise, the Zoning District Map "to ;rezone 1.24 acres -from RA (Rural Areas) District to B2 (Business General) District °with proffers. The conditions, voluntarily proffered in writing by .the applicant and the property, owner ,are attached. PDRes #20 -14 -2- This ordinarice,shall ;be, in effect on the date of adoption. Passed this 13th day of,August, 20 14 by the foliowing;recorded vote! Richard C, Shickle, Chairman . Gary A. Lofton Robert A. Hess Robert W. Wells. Gene E. Fisher 'Charles `S'. DeHaven, Jr. Christopher E. Collins A COPY ATTEST i John R. Riley, Jr. Frederick County Administrator f .. 0 nA TA CURVE, DELTA ANGLE I RADIUS I ARC LENGTH TANGENT CHORD 'BEARING CHORD LENGTH Cl p0'28' 11'" '11, 499.20' 14.27' 1 4,7.'lj' 1 -S-'J8402`50"W 1 94.27' 0 06pp, TAX PARCEL 43-A-111 18.3453 ACRES (TOTAL) ,COWPERWOOD FEMA, LLC INST No 060020794 16.53 ACRESI PORTION TO REMAIN ZONED Ml ZONE- M1 ---------- N 39-2 9#50" E -ZONE- RP ZONE.- PA 177.49' N 554555" W 100.30' Q Ll SHED DWELLING 12615 t� ccoo w:z K4- N 64*02'55" W ot 14 1. 11' 7 ot 8 in Ct :::i (6 v Lm— .LQ zi,:R V) Nri 1.2499 ACRES Q Lj PORTION TO BE REZONED TO 02 N 59'26'50" W 77.64' 71)AIC'. I ZONE- RP S 85*2755" W 36.38' ,,r25-.56' — I ji. efu Cl MARTINSBURGpIKE US. ROUTE 11 80' RA THE 'BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED ImLy 'RECORDS AND 155� NOT PURPOR70 TO BE A FMOU'AM t BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE BOUNDARY LINES. REZONING EXHIBIT SHOWING A PORTION OF THE LAND OF COWPERWOOD FEMA, LL STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 0 0 0.32 MX-f± 0 T ROUTE 838 McCANNS RD. 60 0 60. GRAPHIC SCALE (IN FEET) SCALE: 1 00 DATE: DECEMBER 17, 2013 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vtginia,2200 2 , Su _meyom Telephone: (-540),,662-418.5 FAX.• (540) 722 =9528 Founded! in 1971, www.greenwaveng.torh iQ RICHARD A. EDENS"'4 Laic. .,No 2550 S 3U I 2795) SHEET 1 OF i LZlj 2 Q% v C,4 CL L 2 Q-C, k! W CR 0.32 MX-f± 0 T ROUTE 838 McCANNS RD. 60 0 60. GRAPHIC SCALE (IN FEET) SCALE: 1 00 DATE: DECEMBER 17, 2013 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vtginia,2200 2 , Su _meyom Telephone: (-540),,662-418.5 FAX.• (540) 722 =9528 Founded! in 1971, www.greenwaveng.torh iQ RICHARD A. EDENS"'4 Laic. .,No 2550 S 3U I 2795) SHEET 1 OF i • _!02k, .,B& 41662 M-426�54 4,11K"I'5 �CAME 0323 0 �j� N� Rl N WINCHESTER c FY_ F<, Cl c, .01K.. * i4,.,,� e r zk, FAC fi dlkNK14G�'ANd'THUST�CP,M'PANY BBTzcoml (VP, I ? ,2, 7 - - - - - - - - - - - - - Fi