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Home My WebLink About01-20 PC Staff ReportREZONING APPLICATION #01-20 RCS Investments, LLC Staff Report for the Planning Commission Prepared: May 22, 2020 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 06/03/20 Pending Board of Supervisors: 07/08/20 Pending PROPOSAL: To rezone 12.61+/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park which was subdivided in 1985. LOCATION: The subject property is located at 220 Imboden Drive (Route 1327) at the terminus of the cul-de-sac. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/03/20 PLANNING COMMISSION MEETING: This is an application to rezone 12.61+/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park. The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The Plan identifies the property with an industrial land use designation, therefore the existing M1 Zoning as well as the requested M2 Zoning are consistent with the goals of the Plan. The proffers associated with this rezoning request are as follows: Proffer Statement – Dated March 16, 2020: A. Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: • All uses allowed in the M-1 Light Industrial District • Recycling Operations (No SIC Code) 2. The owner proffers to prohibit outdoor storage of material utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B. Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per 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 #01-20 RCS Investments May 22, 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 application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 06/03/20 Pending Board of Supervisors: 07/08/20 Pending PROPOSAL: To rezone 12.61+/- acres from the M1 (Light Industrial) District to the M2 (Industrial General) District with proffers. The subject property is part of the Baker Lane Industrial Park which was subdivided in 1985. LOCATION: The subject property is located at 220 Imboden Drive (Route 1327) at terminus of cul-de- sac. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-7-7A PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Industrial/Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: MH-1 (Mobile Home Community) District Use: Residential M1 (Light Industrial) District Use: Industrial South: RP (Residential Performance) District Use: Residential M1 (Light Industrial) District Use: Industrial East: Interstate 81 Use: N/A West: M1 (Light Industrial) District Use: Industrial Rezoning #01-20 RCS Investments May 22, 2020 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 1327 (Imboden Drive). The route is the VDOT roadway, which has been considered as the access to the property referenced. The existing entrance is adequate for the proposed use. Frederick Water: Please see letter from Eric R. Lawrence, AICP, Executive Director dated February 5, 2020. Frederick-Winchester Service Authority: FWSA defers comments to Frederick Water. Frederick County Department of Public Works: Please see letter from Gloria M. Puffinburger, Solid Waste Manager dated April 20, 2020. Frederick County Department of Inspections: No comments at this time. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: No comment. County of Frederick Attorney: I have reviewed the proposed proffer statement you submitted for the above proposed rezoning and find that, subject to one comment, the proposed proffer statement is legally sufficient and in proper form to serve as a proffer statement. The one comment is that, because approved proffer statements are recorded in the land records, they must meet recoding standards. Relative to the proposed proffer statement, the Clerk’s Office will not record the cover page with the aerial picture. This in turn means that the page numbers on the remainder will need to be removed or restart at “1” , as the “2” on the first page will create confusion. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identified the subject property as being zoned M2. The property was downzoned from the M2 District to the R-3 District in 1980 with the Comprehensive Rezoning of Frederick County. The property was rezoned to the M1 District with rezoning #06-84 which was approved by the Board of Supervisors on July 11, 1984. 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 Rezoning #01-20 RCS Investments May 22, 2020 Page 4 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 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed M2 Zoning is consistent with the land use supported by the Comprehensive Plan. 3) Proffer Statement– Dated March 16, 2020: A. Land Use and Property Development 1. The Owner proffers to limit the land uses on the Property to the following: • All uses allowed in the M-1 Light Industrial District • Recycling Operations (No SIC Code) 2. The owner proffers to prohibit outdoor storage of material utilized in Recycling Operations on the Property. 3. The Owner proffers to prohibit waste transfer stations in conjunction with Recycling Operations on the Property. B. Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per 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.