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HomeMy WebLinkAbout02-19 BOS Staff ReportREZONING APPLICATION #02-19 CB VENTURES, LLC. Staff Report for the Board of Supervisors Prepared: August 30, 2019 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 08/07/19 Public Hearing Held; Recommended Approval Board of Supervisors: 09/11/19 Pending PROPOSAL: To rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. LOCATION: The subject property is located at the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstat e 81. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/11/19 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the Comprehensive Plan. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their August 7, 2019 meeting. The proffers associated with this rezoning request are as follows: Proffer Statement – Dated June 25, 2019: A) Land Use Restrictions: - The Applicant has proffered to prohibit the following uses: • Truck Stops • Drive-in Motion Picture Theaters • Golf Driving Ranges and Miniature Golf Course • Fire and Rescue Stations • Tractor Truck and Tractor Trailer Parking *Staff Note: The Applicant has removed the proffer that prohibited the construction of metal buildings on the site. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16. B) Transportation Enhancements: 1) The Applicant has proffered to design and construct im provements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by Parcel 43-A-48 (Sheetz property); and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 2 commercial entrance serving the Property that is developed along Amoco Lane. These improvements will be designed and constructed by the Owner concurrent with the development of the first approved Site Development Plan for the Property and will be completed prior to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2) The Applicant has proffered to provide inter-parcel connection to Parcel 43-A-48E that will continue into the Property from the limits of the inter-parcel connection stub within the 30’ ingress/egress easement on the adjoining properties. This improvement will be designed and cons tructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. *Staff Note: The Applicant has removed the proffer pertaining to the construction of a pump station with a SCADA System. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16. C) Off-Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on the properties fron ting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off-site owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner’s offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10- foot centers in a location acceptable to each property owner. The letter will require the off- site property owners to respond in writing within 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off-site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any trees that does not survive for a period of one year from the date of installation. D) Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropria te. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/07/19 Public Hearing Held; Recommend Approval Board of Supervisors: 09/11/19 Pending PROPOSAL: To rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. LOCATION: The subject property is located at the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81 (Exit 317). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-48E PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Commercial South: B2 (General Business) District Use: Commercial & Residential East: M1 (Light Industrial) District Use: Industrial & Interstate 81 West: B2 (General Business) District Use: Commercial Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been conducted on the CB Ventures, LLC Commercial Rezoning received May 29, 2019. The rezoning of this 1.04+/- acre parcel from B2, Business General District, with proffers to establish 1.04+/- acre of B3, Industrial Transition District with proffers, has the potential to create less traffic. Also, existing proffers are not changing. Therefore, since there is no negative impact on the current transportation system, VDOT has no objections to this rezoning. Frederick -Winchester Service Authority: FWSA defers comments to Frederick Water. Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated June 18, 2019. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Attorney: I’ve reviewed the revised proffer statement dated June 25, 2019, and it resolves my previous comments. Planning & Zoning: 2) Site History The subject property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. 3) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary imple mentation tool and will be instrumental to the future planning efforts of the County. Land Use The site is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning as well as the requested B3 Zoning are consistent with the Comprehensive Plan. 3) Proffer Statement – Dated June 25, 2019: A) Land Use Restrictions: - The Applicant has proffered to prohibit the following us es: Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 5 • Truck Stops • Drive-in Motion Picture Theaters • Golf Driving Ranges and Miniature Golf Course • Fire and Rescue Stations • Tractor Truck and Tractor Trailer Parking *Staff Note: The Applicant has removed the proffer that prohibited the construction of metal buildings on the site. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16. B) Transportation Enhancements: 1) The Applicant has proffered to design and construct improvements to Amoco Lane within the existing right-of-way to include pavement mill and overlay to the existing centerline from the limits of the pavement mill and overlay improvements performed by Parcel 43-A-48 (Sheetz Property); and for the installation of curb and gutter along the frontage of the Property to the limits of the southeastern most commercial entrance serving the Property that is developed along Amoco L ane. These improvements will be designed and constru cted by the Owner concurrent with the development of the first approved Site Development Plan for the property and will be completed prio r to the issuance of the first Certificate of Occupancy Permit associated with the Property. 2) The Applicant has proffered to provide inter-parcel connection to Parcel 43-A-48E that will continue into the Property from the limits of the inter-parcel connection stub within the 30’ ingress/egress easement on the adjoining properties. This improvement will be designed and constructed by the Owner concurrent with the development of the Site Development Plan for the Property and will be completed prior to the issuance of the Certificate of Occupancy Permit associated with this Site Development Plan. *Staff Note: The Applicant has removed the proffer pertaining to the construction of a pump station with a SCADA System. This proffer still applies to the remainder of the site rezoned with Rezoning #05-16. C) Off-Site Residential Buffer: The Owner hereby proffers to provide a landscape buffer on the properties fronting along Amoco Lane (Route 839) that are improved as residential land use if desired by the individual off site owners. The Owner shall provide a letter to each property owner within 30 days of final approval for the first Site Plan proposed for the Property, which advises of the Owner’s offer to pay the cost for the installation of a single row of evergreen trees that are a minimum of four feet in height and planted on 10- foot centers in a location acceptable to each property owner. The letter will require the off- site property owners to respond in writing wi thin 90 days of receipt of the letter advising the Owner of the desire to have the landscape buffer installed within a landscape easement provided on the off-site property. The Owner shall install the proffered landscape buffer during the next appropriate planting season and shall be responsible for the replacement of any trees that does not survive for a period of one year from the date of installation. D) Monetary Contributions to Offset Impact of Development. A monetary contribution of $0.10 per developed building square foot for County Fire and R escue Services. Rezoning #02-19 CB VENTURES, LLC. August 30, 2019 Page 6 PLANNING COMMISSION SUMMARY AND ACTION FR OM THE 08/07/19 MEETING: Staff reported this application is to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. Staff then provided an overview of the proffers offered with the rezoning. Mr. Evan Wyatt of Greenway Engineering representing the Applicant highlighte d Rezoning #02-19. Mr. Wyatt noted that construction is underway at the property with an approved site plan. The Applicant is putting in the onsite structures and improvemen ts on Amoco Lane with a gravity sewer lane with approval from Frederick Water. Mr. Wyatt noted, the reason for the rezoning is the Applicant has a potential buyer for 1.04 +/- acres for the use of a tire & battery facility which is not allowable use in B3 District. Mr. Wyatt continued; the Applicant has a carryover proffer request for residents of Amoco Lane to request landscaping on their property ; to date three (3) landowners have contacted the Applicant to have the improvements done that will take place in the Fall of 2019. There were no public comments during the public hearing and the Planning Comm ission recommended approval of the rezoning application. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.