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HomeMy WebLinkAbout05-19 BOS Staff ReportREZONING APPLICATION #05-19 MARTINSBURG PIKE, LLC. Staff Report for the Board of Supervisors Prepared: January 13, 2020 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. LOCATION: The subject properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south Stephenson Road. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/22/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. The site contains three properties, one contains a nonconforming structure that was once operated as a store but has been closed more than two years, one parcel is vacant, and one parcel contains a single-family dwelling. The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The 2035 Comprehensive Plan identifies these with a mixed use industrial/office land use. The owner intends to operate a restaurant in the existing commercial structure. The site was previously utilized as a country general store (Oates Grocery). In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by residential property to the south and east and was previously utilized for commercial purposes, the requested commercial may be acceptable as it is of a lesser impact to the surrounding properties. The proffers associated with this rezoning reque st are as follows: Proffer Statement – Dated October 17, 2019: 1. The existing interior lot lines will be vacated, and the three parcels will be consolidated into one lot. 2. The driveway connection from the existing residential use to Route 11 will be elimina ted. 3. The owner will provide 6.5’ of right of way dedication for future road improvements along Route 11. 4. The owner will reserve 12’ of right of way for future road improvements. Ownership of this reservation area will be ceded to Frederick County upon demand to accommodate future road improvements along Route 11. 5. The owners of this property will donate or will cause to be donated to Frederick County the sum of $310.40 ($0.10 per square foot of commercial space) for impacts to fire and rescue services. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #05-19 MARTINSBURG PIKE, LLC. January 13, 2020 Page 2 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 applica tion are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. LOCATION: The subject properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of Stephenson Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-58, 44-A-59 and 44-A-60 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant commercial building and residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: MH-1 (Mobile Home Community) Use: Residential M1 (Light Industrial) Industrial East: RA (Rural Areas) Use: Residential M1 (Light Industrial) Residential West: MH-1 (Mobile Home Community) Use: Residential Rezoning #05-19 MARTINSBURG PIKE, LLC. January 13, 2020 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the rezoning application for Lanzeta Properties located on Rte. 11 in Frederick County, VA. This application is to rezone 1.724 acres identified as parcels TM #44-A-58, TM #44-A-59 and TM #44-A-60 from RA to B2. The proposal is to consolidate the three lots into one, if the rezoning is successful. We offer the following comments: Frederick County’s Comprehensive Plan calls for this segment of Rte. 11 to be a fu ture Urban 6 lane divided highway (U6D). We suggest coordination with County Staff to determine appropriate future right- of-ways needs. Please remove the proposed “improved driveway and access to residence” from the last sheet of this submittal. Entrance proposals and design will take place at the site plan stage. Thank you for submitting this rezoning application to our office for review. Please feel free to contact me if you have any questions. Frederick County Transportation: Regarding ROW reservation/dedication I would suggest you consider a bit of a hybrid. Typically, it is preferable to get the full right-of-way dedication up front so the site can develop with that in mind, but it is my understanding that the right-of-way for a 6-lane Route 11 as the comprehensive plan calls for would render the site undevelopable since you are trying to use the existing structure. Given the fact that the 6-lane facility is likely a long-term improvement and a 4-lane facility is more likely to happen sooner I would suggest consideration of a dedication sufficient to accommodate the 4- lane roadway with a future reservation for the 6 -lane that would perhaps be triggered by redevelopment. Based on coordination w ith VDOT the width from the center of the existing right-of-way that would be needed for a 4-lane facility with sidewalk in the right-of-way would be 46.5'. That grows by an additional 12' for the future 6-lane roadway. This assumes a curb and gutter roadway and does not include right turn lane which would depend upon warrants. A turn lane analysis is suggested to determine if would be warranted. *ROW needs have been included in the proffer. Virginia Dept. of Health: Please see letter from Jim Davis, REHS Environmental Health Supervisor dated September 5, 2019. Frederick Water: No comments at this time. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Department of Parks & Recreation: Park and Recreation recommends some form of bicycle/pedestrian accommodation along the Route 11 frontage. County of Frederick Attorney: I am in receipt of your letter dated October 8 and accompanying revised proffer statement. I believe that the revisions address my previous concerns. Rezoning #05-19 MARTINSBURG PIKE, LLC. January 13, 2020 Page 4 Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson 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. 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. 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 Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The 2035 Comprehensive Plan identifies these with a mixed use industrial/office land use. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by residential property to the south and east, the requested commercial may be acceptable as it is of a lesser impact to the surrounding properties. Transportation The site currently has one large entrance on Martinsburg Pike that served the existing commercial structure and one entrance that serves the residential use. The Applicant is proposing to consolidate those entrances into one and will modify the commercial entrance to meet VDOT standards. The Applicant is also proffering right-of-way dedications to meet the future widening of Martinsburg Pike. PLANNING COMMISSION SUMMARY AND AC TION FROM THE 12/18/19 MEETING: Staff reported that this application is to rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. The site con tains three properties, one contains a nonconforming structure that was once operated as a store but has been closed, one parcel is vacant, and one parcel contains a single-family dwelling. The subject properties are located at 2674 and 268 2 Martinsburg Pike. Staff then provided an overview of the proffers offered with the rezoning. Rezoning #05-19 MARTINSBURG PIKE, LLC. January 13, 2020 Page 5 Commissioner Morrison requested clarification if the proffers are enough per VDOT for any expansions. Mr. Bishop explained that it is enough per the discussions with VDOT. C ommissioner Morrison asked if a turn lane would ever be needed. Mr. Bishop replied it would not for this use. Mr. John Lewis of Painter-Lewis, P.L.C, representing the Applicant, came forward to add that this is for a (16) sixteen seat restaurant. It is anticipated that most of the orders will be take-out with the surrounding developments. There were no public comments during the public hearing and the Planning Commission reco mmended approval of the rezoning application. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.