HomeMy WebLinkAbout02-22 PC Staff Report
REZONING APPLICATION #02-22
R&J LAND DEVELOPMENT
Staff Report for the Planning Commission
Prepared: April 22, 2022
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 05/04/2022 Pending
Board of Supervisors: 05/25/2022 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/04/22 PLANNING
COMMISSION MEETING:
This is an application to rezone 1.444 acres from B3 (Industrial Transition) District to B2 (General
Business) District with proffers and 15.444 acres from B3 (Industrial Transition) District to B3 (Industrial
Transition) District with amended proffers. This rezoning application modifies approved land uses
associated with Rezoning Application (REZ) #01-06. The intended use of the proposed B2 zoned parcel is
a general merchandise store (Dollar General).
This site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of
the Northeast Land Use Plan of the Comprehensive Plan. The Comprehensive Plan envisions this area of
the County as “business;” the proposed B2 (General Business) District is consistent with the future land
use plan.
Following a public hearing, 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.
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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.
PROPOSAL: To rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business)
District with proffers and 15.444- acres from B3 (Industrial Transition) District to B3 (Industrial
Transition) District with amended proffers. This rezoning application modifies approved land uses
associated with Rezoning Application (REZ) #01-06.
LOCATION: The properties are located northwest corner at intersection of Martinsburg Pike (Route 11)
and Jeff’s Way.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D and 33-A-123E
PROPERTY ZONING: B3 (Industrial Transition) District
PRESENT USE: Vacant/Undeveloped
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential/Agricultural
West: Interstate 81 Use: Interstate
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REVIEW EVALUATIONS:
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject
parcels as being zoned A-2 (Agricultural General). The County’s agricultural zoning districts
were subsequently combined to form the RA (Rural Areas) District upo n adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re-mapping of the subject property and all other A-1
and A-2 zoned land to the RA District. Rezoning Application #01-06 (approved March 22,
2006) rezoned the subject properties to B3 (Industrial Transition) 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 the
living environment within Frederick County. It is in essence; the Plan is a composition of
policies used to plan for the future physical development of Frederick County. The Area Plans
and Appendix I of the Comprehensive Plan are the primary implementation tools 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 these properties with a “business” land
use designation; the property is also within the limits of the Sewer and Water Service Area
(SWSA). The existing B3 (Industrial Transition) zoning is generally consistent with the goals
of the Comprehensive Plan.
The proposed B2 (General Business) zoning on 1.444-acres is also consistent with the goals of
the Plan. The intent of the B2 District is to provide large areas for a variety of business, office
and service uses. General business areas are located on arterial highways at major intersections
and at interchange areas. Businesses allowed involve frequent and direct access by the general
public but not heavy truck traffic on a constant basis other than that required for delivery of
retail goods. General business areas should have direct access to major thoroughfares and
should be properly separated from residential areas.
3) Access & Transportation
The site will have commercial access from Jeff’s Way, as required by approved REZ #01-06
proffers. The traffic study included with application shows that the proposed general
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merchandise store (Dollar General) does not negatively impact traffic operations at the
intersection of Route 11 and Jeff’s Way.
4) Potential Impacts & Proffers
The rezoning proposes only a change in the land use of 1.444-acres to the B2 (General
Business) District. All the other proffers, including site access, associated with the original REZ
#01-06 remain unchanged.
Virginia Dept. of Transportation: Please see attached letter from VDOT dated March 16, 2022
addressed from Bradley S. Riggleman, P.E.
Frederick Water: Please attached letter from Eric Lawrence, Executive Director, dated February 24,
2022.
Frederick County Fire Marshall: Plan approved.
Frederick County Public Works: We offer no additional comments at this time.
County of Frederick Attorney: Please see attached letter from Roderick B. Williams, County
Attorney dated April 1, 2022.
Following a public hearing, 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.
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