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HomeMy WebLinkAbout07-22 PC Staff Report REZONING APPLICATION #07-22 RENAISSANCE 65 LC & RENAISSANCE 35 LC Staff Report for the Planning Commission Prepared: September 12, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/21/2022 Pending Board of Supervisors: 09/28/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/21/22 PLANNING COMMISSION MEETING: This is a proposed rezoning to amend the proffer statement approved with REZ #04-17 (Carbaugh Business Center). The proposed amendment seeks to remove the restriction on the number of entrances allowed from future Renaissance Drive. No other provisions in the previously approved proffer statement, including approved land uses, are proposed to be amended. The 107.21-acres subject property is zoned M1 (Light Industrial) District and located in the Back Creek District. Staff notes one (1) comment remains unresolved. After further consultation with VDOT, County staff requested the applicant consider updating the proffer statement to further stipulate conducting traffic counts at time of site planning and if warranted, constructing turn lanes. The applicant has not responded to this request for additional proffer language regarding turn lanes. This rezoning application does not require a public hearing. Following a presentation, 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 #07-22 – Renaissance 65 LC & Renaissance 35 LC September 12, 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. PROPOSAL: This is a proposed rezoning to amend the proffer statement approved with REZ #04-17 (Carbaugh Business Center). The proposed amendment seeks to remove the restriction on the number of entrances allowed from future Renaissance Drive. LOCATION: The subject properties are located south of Shady Elm Road (Route 651) and north of the railroad. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 74-A-68 and 74-A-69 PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential (Single-Family Detached, SFD) South: RA (Rural Areas) Use: Vacant/Agricultural East: M1 (Light Industrial) Use: Vacant/Unimproved West: RA (Rural Areas) Use: Residential (SFD) Rezoning #07-22 – Renaissance 65 LC & Renaissance 35 LC September 12, 2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the subject properties as being zoned A-2 (Agricultural General) District. The County’s agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. On December 13, 2017, the Board of Supervisors approved rezoning application (REZ) #04-17 (Carbaugh Business Center) which rezoned two (2) parcels totaling 107.21-acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. 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 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 subject properties are located within the limits of the Sewer and Water Service Area (SWSA) and are within the limits of the Kernstown Area Plan of the 2040 Comprehensive Plan. The Kernstown Area Plan identifies these properties with an industrial land use designation as outlined in the “Shady Elm Economic Development Area.” The “Shady Elm Economic Development Area” is designed to be a significant area of industrial and commercial opportunity that is fully supportive of the County Economic Development Authority’s targeted goals and strategies. The intent of the industrial designation is to further enhance the County’s commercial and industrial areas and to provide focus to the County’s future regional employment centers. The existing zoning of the property, M1 (Light Industrial) District, is consistent with the Plan. The proposed rezoning (proffer amendment) while altering restrictions to site access, does not change the zoning district or approved land uses and as such remains in conformance with the Comprehensive Plan. 3) Access & Transportation As stipulated in the proffer statement approved with REZ #04-17, two (2) commercial entrances Rezoning #07-22 – Renaissance 65 LC & Renaissance 35 LC September 12, 2022 Page 4 are permitted from future Renaissance Drive (a future collector road). The proposed rezoning (proffer amendment) removes the restriction on the number of entrances allowed from future Renaissance Drive. The proffer amendment would allow the property owner to apply to and receive VDOT approval for any number of entrances as required for industrial development of the subject properties. Additional entrances could be necessary to ensure appropriate circulation within the development and/or to separate tractor truck trips from passenger vehicles for employees. Entrance permitting would occur at time of site plan review and approval. After further consultation with VDOT, County staff requested the applicant consider updating the proffer statement to further stipulate conducting traffic counts at time of site planning and if warranted, constructing turn lanes. The applicant has not responded to this request for additional proffer language regarding turn lanes. The proffer amendment would also not impact the Frederick County’s revenue share project (design, construction, or anticipated completion) for future Renaissance Drive. County of Frederick Attorney: Please see attached comments from Roderick B. Williams, County Attorney dated July 15, 2022. Virginia Department of Transportation Please see attached comments from VDOT dated July 26, 2022. Frederick County Fire and Rescue Please see attached comments from the Office of the Fire Marshal, dated July 14, 2022. This rezoning application does not require a public hearing. Following a presentation, 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.