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Home My WebLink About08-22 BOS Staff Report - October 26 REZONING APPLICATION #08-22 METROMONT Staff Report for the Board of Supervisors Prepared: October 20, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/21/2022 Recommended Approval Board of Supervisors: 10/12/2022 Postponed to 10/26/2022 Board of Supervisors: 10/26/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/26/22 BOARD OF SUPERVISORS 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 Planning Commission at their September 21, 2022, meeting sent the rezoning application forward with a recommendation of approval. The Board of Supervisors held a public hearing on October 12, 2022, and postponed action until the next Board meeting. A revised proffer statement dated October 20, 2022, has been provided by the applicant and included with this staff report package. Staff will provide an update to the Board of Supervisors at the public meeting regarding the status of the revised proffers following review by Planning and Development and the County Attorney. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropria te. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #08-22 – Metromont October 20, 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 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 and 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 (Rural Areas) Use: Vacant East: City of Winchester Use: Single-Family Detached Residential West: RA (Rural Areas) Use: Residential (SFD) B2 (General Business) Use: Vacant Rezoning #08-22 – Metromont October 20, 2022 Page 3 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. Rezoning #08-22 – Metromont October 20, 2022 Page 4 3) Access & Transportation The Impact Analysis Statement notes use of existing commercial site access from Route 522 and Stine Lane (private road)/Route 11, and use of private drives for internal circulation. The existing Route 522 commercial entrance is already improved with southbound left turn lanes and northbound right turn lanes. The applicant, in their revised proffer statement, further restricted use of one of the Route 522 entrance only to use by utility providers for access/service and not to be used for industrial operations. This proffered restriction otherwise satisfies VDOT’s comments. 4) Proffer Statement & Impact Analysis Restriction on Uses The Proffer Statement, revised October 20, 2022, further restricts the use of the property to certain M1 (Light Industrial) and M2 (Industrial General) District uses. Staff will provide an update to the Board of Supervisors at the public meeting regarding the completeness of the proffers following review by Planning and Development and the County Attorney. Buffers & Screening The proffer statement (dated 10/20/2022) and Generalized Development Plan specifies tree save areas adjoining existing residential uses, ensuring that the existing mature vegetation, in addition to any Zoning Ordinance required buffers, is maintained to create a barrier between residential and future industrial uses. Further, between the subject properties and the City of Winchester residents there is also an existing railroad right-of-way that is approximately 12 to 15-feet above grade also serving as a screen. 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. Rezoning #08-22 – Metromont October 20, 2022 Page 5 Frederick County Public Works: No comments. Frederick County Fire and Rescue: No comments. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/21/22 MEETING: The Planning Commission held a public hearing on September 21, 2022. Staff noted in their presentation that a revised set of proffers, dated September 21, 2022, had been received a few hours prior to the meeting and that the outstanding issues outlined in the Planning Commission staff report may be addressed. Staff noted that the items addressed in the revised proffers included: limiting the allowed industrial uses, clarifying points-of-access and restrictions on access from Route 522, and ensuring the proffered tree save area would be required in addition to any Zoning Ordinance requirements for buffering/screening. However, staff clarified that given the time of receipt for the proffers, a thorough review including review by the County Attorney had not been completed prior to the meeting. The applicant representative also presented and highlighted the tree save areas and existing mature vegetation as a screen to adjoining residential uses, primarily in the City of Winchester. No members of the public spoke during the public hearing. The primary discussion among the Planning Commission was support for the expansion of an existing operation and acknowledging the commitment of the owner to address concerns through the revised proffer statement, subject to acceptance by the County Attorney and Planning and Development department staff. The Planning Commission sent the proposed rezoning application go forward to the Board of Supervisors with a recommendation of approval (11-0-2; Commissioners Kozel & Molden absent). BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 10/12/22 MEETING: The Board of Supervisors held a public hearing on October 12, 2022. Staff noted a revised set of proffers, dated October 12, 2022, had been received only a few hours before the meeting and staff had not had the opportunity to review or receive comments from the County Attorney regarding proffer completeness, thus the issues specified in the staff report and subsequent presentation remained outstanding. The applicant representative stated they believed the revised 10/12/22 proffers to be complete and ready for action. Three (3) members of the public spoke in opposition to the application and noted concerns regarding noise and dust from the existing manufacturing/pre- cast activities and potential for exacerbation of noise, dust concerns and of a recurring flooding issue from raising the grade of the south parcel (PIN 54-A-11) on their residential properties in the City of Winchester. The Board of Supervisors unanimously voted (6-0-1; Supervisor Wells absent) to postpone action on the rezoning application until the next meeting, October 26, 2022. Rezoning #08-22 – Metromont October 20, 2022 Page 6 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.