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Home My WebLink About08-22 PC Staff Report REZONING APPLICATION #08-22 METROMONT 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: 10/12/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/21/22 PLANNING COMMISSION MEETING: This is a proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers and +/- 24.72-acres (south parcel, PIN 54-A-11) from the B2 (General Business) District to the M2 District with proffers for a total of +/- 44.72-acres. The proposed rezoning seeks to enable the expansion of an existing/adjoining industrial (precast concrete manufacturing and storage) in the Stonewall Magisterial District. The following application deficiencies remain unresolved and should be further evaluated by the Planning Commission: Land Use Compatibility & Impact Analysis: • The proposed zoning district, M2 (Industrial General), is intended to provide for a wide variety of manufacturing, commercial office and heavy commercial uses, including those which may not be compatible with nearby residential and business areas. Performance controls are used to control potential nuisances, especially in relation to zoning district boundaries. Such industrial areas shall be provided with safe and sufficient access. The Impact Analysis Statement specifies the owner intends to use the properties only for “storage of finished pre-cast product awaiting delivery, tractor truck trailer parking, and outdoor storage.” However, the proposed proffer statement does not restrict use of the property to only those uses studied in the Impact Analysis Statement and Traffic Study, and as proposed, the rezoning would allow for all M2 District uses contained in §165-607.02. The application does not address impacts to local fire and rescue services. Thus, the proposed zoning district could have a significant negative impact on adjoining residential uses in the City of Winchester, traffic and circulation along Route 522 and Route 11, the Star Fort property (a designated historic resource), and County services (Fire & Rescue). Transportation, Site Access & Circulation: • The Traffic Study and Impact Analysis Statement does not address use of Cives Lane (private roadway) and the signalized intersection with Route 11 which also serves the existing manufacturing facility. The application only evaluated use of existing commercial site access from Route 522 and Stine Lane (private road) and Route 11, and use of private drives for internal circulation. VDOT also requested closure of the existing Route 522 secondary entrance to the facility on the southern subject property (PIN 54-A-11) in their comment letter; this request was also not addressed in the application materials. Rezoning #08-22 – Metromont September 12, 2022 Page 2 • The Comprehensive Plan and the Eastern Frederick County Road Plan identifies a future minor collector roadway on the south parcel (PIN 54-A-11). This was not evaluated in the application or included on the Generalized Development Plan included with the proffer statement. 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 #08-22 – Metromont September 12, 2022 Page 3 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 proposal to rezone +/- 20-acres (north parcel, PIN 43-A-22) from the RA (Rural Areas) District to the M2 (Industrial General District) with proffers and +/-24.72-acres (south parcel, PIN 54-A-11) from the B2 (Business General) District to the M2 District with proffers for a total of 44.72- acres. LOCATION: The north parcel (PIN 43-A-22) is generally located south of Route 37 and west of the terminus of Cives Lane. The south parcel is generally located west of the City of Winchester limits and north of Route 522. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-11 & 43-A-22 PROPERTY ZONING: RA (Rural Areas) District B2 (Business General) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North Parcel (PIN 43-A-22) North: Route 37 Use: Highway South: M2 (Industrial General) Use: Industrial/Outdoor Storage East: M1 (Light Industrial) Use: Manufacturing West: M2 (Light Industrial) Use: Vacant South Parcel (PIN 54-A-11) North: M2 (Light Industrial) Use: Industrial/Outdoor Storage RP (Residential Performance) Vacant/Unimproved South: RA Use: Vacant East: City of Winchester Use: Single-Family Detached Residential West: RA Use: Residential (SFD) B2 (General Business) Use: Vacant Rezoning #08-22 – Metromont September 12, 2022 Page 4 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the north parcel (PIN 43-A-22) 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. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the south parcel (PIN 54-A-11) as being zoned B2 (General Business) District. There are not any previously approved rezonings, or other development plans, for the subject parcels. 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 Comprehensive Plan and Northeast Land Use Plan identifies the north parcel (PIN 43-A- 22, currently zoned RA) with an “industrial” land use designation. The parcel is also within the limits of SWSA and UDA. The proposed M2 Zoning is consistent with the Northeast Frederick Land Use Plan designation for “industrial” uses as it relates to this area of the County. The Comprehensive Plan identifies the south parcel (PIN 54-A-11, currently zoned B2) with a “business” land use designation; the south parcel is not within the limits of any area plan. The parcel is also within the limits of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The proposed M2 zoning is inconsistent with the plan designation for “business” uses as it relates to the area of the County. However, staff notes the expansion of the existing industrial use onto the subject property may otherwise be appropriate if potential impacts are sufficiently mitigated. 3) Access & Transportation The Impact Analysis Statement notes use of existing commercial site access from Route 522 and Rezoning #08-22 – Metromont September 12, 2022 Page 5 Stine Lane (private road)/Route 11, and use of private drives for internal circulation. However, the analysis does not address use of Cives Lane (private roadway) and the signalized intersection with Route 11 which also serves the existing manufacturing facility. Potential traffic impacts to the network at this intersection have not been evaluated, nor have any potential mitigation strategies been proposed. Further, the Traffic Study does not evaluate other potential M2 (Industrial General) District uses, some of which have potential for high traffic generation of heavy tractor trucks and trailers. The Virginia Department of Transportation also noted in their comments a recommendation to close the existing secondary access to the facility from Route 522. The Comprehensive Plan and the Eastern Frederick County Road Plan also identifies a future minor collector roadway on the south parcel (PIN 54-A-11). This planned minor collector road runs north/northeast from Route 522 across the south parcel and connects through the existing manufacturing facility to Route 11. This future connection was not evaluated in the application or referenced on the Generalized Development Plan. 4) Proffer Statement & Impact Analysis The Proffer Statement, dated August 26, 2022, does not restrict the use of the property to only those uses reviewed/studied in the Impact Analysis Statement and Traffic Study, i.e., storage of precast product awaiting delivery, tractor truck trailer parking and outdoor storage. The proposed zoning district, M2 (Industrial General) District, is intended to provide for a wide variety of manufacturing, commercial office and heavy commercial uses, including those which may not be compatible with nearby residential and business areas. Performance controls are used to control potential nuisances, especially in relation to zoning district boundaries. Such industrial areas shall be provided with safe and sufficient access. The proposed rezoning, as currently proffered, would allow for all M2 district uses contained in §165-607.02. The analysis does not address mitigation strategies to limit the impact of any other M2 district uses on neighboring properties and roadways that would otherwise be allowed. The Generalized Development Plan does depict a 75-foot wide “Tree Save” area along a portion of the south parcel’s northern boundary adjoining vacant RP (Residential Performance) zoned property and a 100-FT wide “Tree Save” area along the (eastern) boundary with existing single-family detached residential uses in the City of Winchester. This buffer could be appropriate if the uses allowed were limited to precast product storage, tractor truck trailer parking and outdoor storage. However, as the proffer statement does not limit the uses to only those uses, and the buffers may be insufficient for intensive uses that generate significant noise, odor, and dust. The rezoning proposal and proffer statement does not address potential impacts to local fire and rescue services. As proposed, the requested zoning district (M2) may have a significant negative impact on adjoining residential uses in the City of Winchester, traffic and circulation along Route 522 & Route 11, the Star Fort property (a designated historic resource) and County services (Fire & Rescue). Rezoning #08-22 – Metromont September 12, 2022 Page 6 Historic Resources Advisory Board: Please see attached comments from Wyatt Pearson, AICP, Planning Director, dated July 25, 2022. County of Frederick Attorney: Please see attached comments from Roderick B. Williams, County Attorney dated August 22, 2022. Frederick Water: Please see attached comments from Eric Lawrence, Executive Director, dated August 19, 2022. Virginia Department of Transportation: Please see attached comments from VDOT dated August 25, 2022. City of Winchester: Please see attached comments from Tim Youmans, Planning Director, dated August 26, 2022. Frederick County Public Works: No comments. Frederick County Fire and Rescue: No comments. 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.