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.
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M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
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RA (Rural Area District)
RP (Residential Performance District)
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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
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M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
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RA (Rural Area District)
RP (Residential Performance District)
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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
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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)
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MS (Medical Support District)
OM (Office - Manufacturing Park) )�
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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
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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
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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';
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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
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COWPERWOOD FEMA LLC PROPERTY
REZONING COWPERWOOD FEMA LLC PROPERTY
ADJOINING PROPERTIES MAP
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FREDERICK COUNTY, VIRGINIA
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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
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John R. Riley, Jr.
Frederick County Administrator
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18.3453 ACRES (TOTAL)
,COWPERWOOD FEMA, LLC
INST No 060020794
16.53 ACRESI
PORTION TO REMAIN ZONED Ml
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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
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