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Home My WebLink About07-19 PC Staff ReportREZONING APPLICATION #07-19 GENTLE HARVEST, LC. Staff Report for the Planning Commission Prepared: December 6, 2019 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/18/19 Pending Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING COMMISSION MEETING: This is an application to rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The site is located within the limits of the Senseny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses. Staff would note that the site was previously utilized for a restaurant which is now closed and the intended user for this site is a Discount Tire. The proffers associated with this rezoning request are as follows: Proffer Statement – Dated November 21, 2019: 1. Land Use Restrictions: 1.1 The Owner hereby proffers not to engage in the following uses on the Property: • Landscape and Horticultural Services (SIC 078) • Local and Suburban Transit Services (SIC 41) • Motor Freight Transportation & Warehousing (SIC 42) • Transportation by Air (SIC 45) • Utility Facilities and their Accessory Uses (SIC 49) • Drive-In Motion Picture Theaters (SIC 7833) • Tractor Truck & Tractor Truck Trailer Parking (No SIC) 1.2 When used in these proffers, the “Preliminary Landscape Plan”, shall refer to the plan entitled “Preliminary Landscape Plan” dated September 24, 2019. The Preliminary Landscape Plan shall be incorporated by reference herein as “Exhibit 1”. The Owner proffers that its development of the Property will be in substantial conformity with the Preliminary Landscape Plan. Staff Note: This proffer seeks to implement the Senseny/Eastern Urban Area Rezoning #07-19 GENTLE HARVEST LC. December 6, 2019 Page 2 Plan that states “enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right-of-way and its ramps”. 2 Monetary Contribution to Offset Impact of Development 2.1 The Owner hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue Services. 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 Planning Commission. Rezoning #07-19 GENTLE HARVEST LC. December 6, 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: 12/18/19 Pending Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 1.204+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. LOCATION: The subject property is located at 120 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-1C PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant Restaurant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Commercial/Route 50E South: B2 (General Business) Use: Commercial East: B2 (General Business) Use: Commercial West: B2 (General Business) Use: Commercial Rezoning #07-19 GENTLE HARVEST LC. December 6, 2019 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: VDOT has no objection to the rezoning as presented. Frederick-Winchester Service Authority: FWSA will defer to Frederick Water. Frederick Water: Thank you for the opportunity to provide review comments on the Discount Tire rezoning application. The subject property located 120 Front Royal Pike, Winchester, Virginia, is currently served by the City of Winchester. Through redevelopment of the site, the City will continue to provide the water and sewer services. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: None. County of Frederick Attorney: Proffer is in acceptable legal form. City of Winchester: The City of Winchester has reviewed the following: Discount Tire Site Plan at 120 Front Royal Pike, Winchester, VA 22602. Based on our review, we have the following comments: Water 1. The existing water main and water meter may need to be relocated. If it is the case, vacation of existing easement and dedication of new easements may be required. 2. Please show location of all existing utility including water main, sewer main, lateral, water services, clean out and water meter. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the parcel as B2 (General Business). 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key 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. Rezoning #07-19 GENTLE HARVEST LC. December 6, 2019 Page 5 The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2035 Comprehensive Plan and the Senseny/Eastern Urban Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The Senseny/Eastern Urban Area Plan identifies this property with commercial land use designation. In general, the existing B2 zoning and the proposed B3 zoning are consistent with the current land use supported by the Comprehensive Plan, however; the Comprehensive Plan states that this area should be designed specifically to accommodate and promote highway commercial land uses 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 Planning Commission.