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HomeMy WebLinkAbout03-19 BOS Staff ReportREZONING APPLICATION #03-19 BERLIN STEEL REAL ESTATE INC. Staff Report for the Board of Supervisors Prepared: January 13, 2020 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 10/16/19 Public Hearing Held; Tabled 60 Days Planning Commission: 12/18/19 Public Meeting Held; Recommended Approval Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/22/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The site is located within the limits of the Southern Frederick Land Use Plan of the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed M1 Zoning is generally consistent with the Southern Frederick Land Use Plan as it relates to this area. These properties are not located within the limits of the Sewer and Water Service Area (SWSA). The Comprehensive Plan states that it is expected that the land uses within the UDA and SWSA will be served by public water and sewer. However, as this site is contiguous to existing M1 Zoning and is intended to facilitate an expansion to an existing business (Berlin Steel), this request to rezone property outside of the SWSA may be appropriate. The proffers associated with this rezoning request are as follows; Staff has provided comments regarding concerns associated with this request: Proffer Statement – Dated November 18, 2019: 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 Zoning. 2. Prior to approval of the next site plan for any facility or structure on these subject lands, the owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and design of any resultant improvement to Route 277 will be subject to VDOT approval. 3. As shown on the Generalized Development Plan, a 100’ wide strip of land will be reserved on the subject lands for future road network improvements. No permanent buildings will be erected within this area. 4. Monetary Contribution – The owners will donate $1,000 for impacts to fire and rescue services. Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 2 Staff Comments: • Proffer 2 – the Applicant has not committed to constructing a turn lane if warranted by VDOT – only a traffic count and design. The Applicant should clarify the construction of a turn lane if necessary, in conjunction with site development. • Proffer 3 – This proposed reservation area does not follow the minor collector roadway planned through this site per the Southern Frederick Land Use Plan. However, the reservation location would still allow the future road to be constructed in general conformance with the Comprehensive Plan. 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 #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 10/16/19 Public Hearing Held; Tabled 60 Days Planning Commission 12/18/19 Public Meeting Held; Recommended Approval Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 15.3933+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. LOCATION: The subject property is located at 280 Ridings Lane which intersects with Route 277. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-179C and 87-A-12 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Berlin Steel – Industrial East: RA (Rural Areas) Use: Residential/Agricultural East: RA (Rural Areas) Use: Residential/Agricultural West: RA (Rural Areas) Use: Vacant/Agricultural Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the rezoning application for Berlin Steel and Ridings to rezone a total of 15.3933 acres from RA to M1 for the use of metal fabrication business. We have also reviewed a turn lane warrant analysis associated with this rezoning. The turn lane analysis indicated needs for turn lane in the future, however, the proffer statement does not include mitigation to offset future turn lane and intersection needs. Frederick County Transportation: County Staff concurs with VDOT regarding the need for a turn lane at the entrance per the requested expanded use in the rezoning, however I would note that the proffer statement does not include accommodation for this expected impact on the transportation network. Frederick-Winchester Health Department: The Frederick County Health Department has no objection to the proposed zoning changes from RA to M1 since this change does not affect any proposed or existing wells or septic systems on the properties. Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated May 15, 2019. Frederick County Department of Public Works: In the Impact Analysis Statement, Section F- Drainage also reference Chapter 143 of County Code – Stormwater/Erosion and Sediment Control Ordinance comprehensive review will occur at the time of site plan submission. Frederick County Fire Marshall: Plan approved. County of Frederick Attorney: Please see email from Roderick B. Williams, County Attorney dated August 28, 2019. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for both parcels as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County’s Zoning Ordinance. *The adjacent Berlin Steel property was rezoned in 1983 and 2001. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 5 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 implementation tool and will be instrumental to the future planning efforts of the County. Land Use The site is located within the limits of the Southern Frederick Land Use Plan of the 2035 Comprehensive Plan and depicts the subject properties with an industrial land use designation. The proposed M1 Zoning is generally consistent with the Southern Frederick Land Use Plan as it relates to this area. Staff would note that these properties are not located within the limits of the Sewer and Water Service Area (SWSA). Transportation The site is accessed via an existing commercial entrance (Ridings Lane) that intersects with Fairfax Pike (Route 277). No improvements are proposed by the Applicant. VDOT stated in their comment that the turn lane analysis indicated needs for a turn lane in the future, however, the proffer statement does include mitigation to offset future turn lane and intersection needs. County transportation Staff notes that they concur with the need for the turn lane, and further notes that the Applicant has not addressed this impact of the rezoning in their proffer statement. Staff would note that the Southern Frederick Land Use Plan shows a new minor collector roadway planned through this site. It is noted that this is a planned roadway and not designed at this time and the location may be subject to future modifications. The Applicant has proffered a slightly adjusted location for this planned roadway. Environmental Parcel 86-A-179C contains an approximately three-acre pond, there are no floodplains or wetlands as stated in the Applicant’s impact statement. The site does contain some steep slopes that are identified eastern portion of the site. Woodlands generally cover parcel 87-A-12 and the southern and eastern portion of 86-A-179C. The Applicant proposes to clear much of the woodlands with the development of the site. This site is not within the limits of the Sewer and Water Service Area (SWSA) and therefore is served via a private onsite sewage disposal system. This system is monitored by the Virginia Department of Environmental Quality. 3) Proffer Statement – Dated November 18, 2019: 1. The land and any improvements thereto will be expressly used for a metal fabrication business as permitted under the M1 Zoning. Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 6 2. Prior to approval of the next site plan for any facility or structure on these subject lands, the owner will conduct a traffic count on Route 277 to determine the need for any turn lanes from Route 277 into the site via Ridings Lane. The method used to conduct the traffic count and design of any resultant improvement to Route 277 will be subject to VDOT approval. 3. As shown on the Generalized Development Plan, a 100’ wide strip of land will be reserved on the subject lands for future road network improvements. No permanent buildings will be erected within this area. 4. Monetary Contribution – The owners will donate $1,000 for impacts to fire and rescue services. PLANNING COMMISSION SUMMARY AND ACTION FR OM THE 10/16/19 MEETING: Staff provided an overview of the application and the proposed proffers. The Commission questioned the left turn lane possibly needed along Route 277 and the location of the planned collector road shown in the Comprehensive Plan. The Commission expressed concerns that the Applicant was not addressing VDOT’s comment regarding the need for a turn lane, as well as, the planned collector road. Mr. Lewis addressed the proposed collector road and stated that it could possibly be relocated since its not designed. The current location in the Comprehensive Plan greatly impacts their proposed new laydown yard. He further stated that the need for the turn lane would be determined at the site plan stage. The Commission questioned the turn lane need and requested the Applicant consider modifying the application to state that the turn lane would be constructed if warranted by VDOT. Mr. Lewis stated that the was amendable to that language. There was one comment during the public hearing. The Planning Commission postponed the application for 60 days to allow the Applicant to allow the owner to work with the County to relocate the collector roadway off the property. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff provided an overview of the application and the proposed proffers. Commissioner Oates commented on the improvements on Route 277 by the Applicant and wanted to clarify that the Applicant can at no time block or take away from any neighboring property owner. Mr. Ruddy said that is correct, if VDOT warranted the improvements the Applicant would need to get an endorsement from the property owners. Commissioner Morrison commented about the improvements to Route 277 with a traffic study, if it is not needed today but, in the future, when business traffic picks up who would be responsible to cover the cost. Mr. Ruddy said any expansion of the business the Applicant would need to complete a Site Plan application and be responsible for the cost of those improvements. Mr. John Lewis, Painter- Lewis, representing the Applicant, gave an overview since the October 16, 2019 meeting the item was tabled for 60 days to allow the Applicant additional time to address the transportation concerns. With the need for a turn lane, the Applicant has proffered that a traffic study to determine the needs for a turn lane would be completed with the site plan. At the site plan stage VDOT would determine if a turn lane would be necessary prior to approval of the plan. Rezoning #03-19 Berlin Steel Real Estate Inc. January 13, 2020 Page 7 Mr. Lewis commented on the planned minor collector roadway. He stated that the current location of the roadway as shown in the Comprehensive Plan would be detrimental to the Applicant’s property. The modified location shown on the revised GDP provides a for a location that is in general conformance with the Southern Frederick Land Use Plan and still allows for the roadway to be constructed in the future. The Planning Commission recommended approval of the rezoning application. 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.