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Home My WebLink About05-21 BOS Staff ReportREZONING APPLICATION #05-21 PAULA O. HENRY Staff Report for the Board of Supervisors Prepared: January 4, 2022 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/15/21 Recommended Approval Board of Supervisors: 01/12/22 Pending PROPOSAL: To rezone 8.2-acres from the B2 (General Business) District without proffers to the B3 (Industrial Transition) District without proffers. LOCATION: The property is located along Fort Collier Road (Route 1322), approximately 400’east of Baker Lane (Route 1300) and 1,400 feet north of Berryville Avenue (Route 7). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/12/22 BOARD OF SUPERVISORS MEETING: This is a proposal to rezone 8.2-acres to the B3 Zoning District without proffers. The subject property was rezoned from the M1 (Industrial General) District to the B2 District in 1987. The site is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan. The Plan identifies this property with a commercial land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing B2 zoning and proposed B3 zoning are generally consistent with the goals of the Plan. Staff would note that the site is surrounded by a mixture of business, transitional, and residential zoning and therefore careful consideration should be made regarding impacts to surrounding uses. The intent of the B3 District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. While some uses permitted within the B2 and B3 Districts do overlap, it should be noted that many uses are more intensive. The rezoning does not include proffers and would therefore permit any use allowed in the B3 Zoning District. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 12, 2021 meeting. 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 #05-21 Paula O. Henry January 4, 2022 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: 12/15/21 Recommended Approval Board of Supervisors: 01/12/22 Pending PROPOSAL: To rezone 8.2-acres from the B2 (General Business) District without proffers to the B3 (Industrial Transition) District without proffers. LOCATION: The property is located along Fort Collier Road and Stratford Drive and is approximately 400’east of Baker Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-97U PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B3 (Industrial Transition) District Use: Warehousing B2 (General Business) District Commercial South: B2 (General Business) District Use: Vacant East: RP (Residential Performance) District Use: Residential (Huntington Meadows) B3 (Industrial Transition) District Use: Warehousing West: B2 (General Business) District Use: Commercial Rezoning #05-21 Paula O. Henry January 4, 2022 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Upon review of rezoning (application packet for the Paula Henry Property (application received in our office 8/2/2021), VDOT offers the following comments: The proposed rezoning from B2 to B3 would not result in a significant change to potential traffic generation and would not have a significant impact to the roadway network. Site access shall be designed and constructed per the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards, and all other applicable specification and standards. Please see letter from Bradley S. Riggleman, P.E. Area Land Use Engineer dated September 8, 2021. Frederick Water: Please see letter from Eric Lawrence, Executive Director dated August 5, 2021. Frederick County Department of Public Works: We offer no additional comments at this time. A comprehensive review shall occur at time of site plan submission. Please see agency comments sheet from Joe Wilder dated August 12, 2021. Frederick County Fire Marshall: Plan approved. Please see agency comments sheet from Adam Hounshell, Lieutenant/Assistant Fire Marshal dated August 3, 2021. Frederick County Attorney: No comment Please see email from Roderick B. Williams, County Attorney dated October 10, 2021. City of Winchester: No comments. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned M2 (Industrial General) District. The Board of Supervisors approved Rezoning #29-87 on September 9, 1987, which rezoned the property to the B2 (General Business) District. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The 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 Rezoning #05-21 Paula O. Henry January 4, 2022 Page 4 the living environment within Frederick County. It is in essence a composition of policies used to guide the future development of Frederick County. The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Comprehensive Plan-Land Use Compatibility The Northeast Frederick Land Use Plan of the Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a business land use designation; the property is also within the limits of the Sewer and Water Service Area. The existing B2 zoning is generally consistent with the goals of the Comprehensive Plan. In appropriate locations, B3 zoning may be consistent with the goals of the Plan. The intent of the B3 District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. While some uses permitted within the B2 and B3 Districts do overlap, it should be noted that many uses are more intensive. 3. Access The site is proposed to be accessed via a full entrance on Fort Collier Road and would align with Stratford Drive (Route 1350). This access location is not proffered and therefore alternative or additional access may be developed if approved by VDOT. 4. Potential Impacts This site is surrounded by a mixture of business, transitional, and residential zoning. The rezoning does not include proffers and would therefore permit any use allowed in the B3 Zoning District. Staff would suggest that the following aspects of the proposal be carefully considered: ▪ Land use compatibility between this site and adjoining properties ▪ Visibility and screening of outdoor storage that may develop ▪ Interparcel connection with PIN 54-A-97F and 54-A-42 ▪ Impacts on County services such as Fire and Rescue 5. Proffers: There are no proffers associated or proposed with this rezoning application. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/15/21 MEETING: Staff provided an overview of the requested rezoning, following Staff’s presentation, David Frank of Pennoni Associates, Inc., representing the Applicant came forward and shared a brief overview and Rezoning #05-21 Paula O. Henry January 4, 2022 Page 5 history of the proposed project. There were no public comments during the public hearing and the Planning Commission recommended approval of REZ #05-21 for Paula O. Henry. (Note: Commissioner Triplett was absent from the meeting.) Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. Th e Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.