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Home My WebLink About02-23 BOS Staff Report REZONING APPLICATION #02-23 GLOBAL HEADQUARTERS, LLC. (BOWMAN TRUCKING) Staff Report for the Board of Supervisors Prepared: August 31, 2023 Staff Contacts: John Bishop, AICP, Assistant Planning Director Reviewed Action Planning Commission: 08/16/23 Recommended Approval Board of Supervisors: 09/13/23 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/13/23 BOARD OF SUPERVISORS MEETING: This is a rezoning application #02-23 of Global Headquarters, LLC (Bowman Trucking) submitted to rezone +/- 1.86 acres from the M2 (Industrial General) District to the B2 (General Business) District with proffers and +/-0.29-acres from the B2 (General Business) District to the B2 (General Business) District with proffers for a total of 2.15-acres. As proposed the requested rezoning proposal is in compliance with the Comprehensive Plan as well as the Southern Frederick Area Plan portion of the Comprehensive Plan. While this relatively small parcel of land cannot, by itself, meet all of the goals of the Sherando Center town center area as outlined in the Southern Frederick Area Plan, the proposal and proffers can be incorporated into the overall concept with the trail and inter-parcel access features and proper site plan implementation. Staff would also note that the proffers that have been updated since the Planning Commission meeting providing right-of-way for the future Route 277 widening. Review Agency Comments Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) February 10, 2023 Comments resolved. Frederick Water April 13, 2023 Comments resolved. Frederick County (FC) Public Works March 17, 2022 No comments. FC Fire Marshal March 15, 2022 No comments. FC Parks and Recreation NA NA FC Public Schools (FCPS) NA NA FC Attorney June 23, 2023 Comments resolved 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 #02-23 Global Headquarter (Bowman Trucking)7 LLC) August 31, 2023 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: Submitted to rezone +/- 1.86 acres from the M2 (Industrial General) District to the B2 (General Business) District with proffers and +/-0.29-acres from the B2 (General Business) District to the B2 (General Business) District with proffers for a total of 2.15-acres. LOCATION: The property is located at 436 Fairfax Pike, Stephens City, Virginia and is identified by Property Identification Number (PIN) 86-A-82 in the Opequon Magisterial District. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-82 PROPERTY ZONING: M2 (Industrial General) & B2 (General Business) District PRESENT USE: Bowman Trucking Company ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RA (Rural Areas) Use: Agricultural East: B2 (General Business) Use: Residential West: B2 (General Business) Use: Dollar General Rezoning #02-23 Global Headquarter (Bowman Trucking)7 LLC) August 31, 2023 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephens City, VA Quadrangle) identifies the majority of the subject property as being zoned M2. The M2 zoning classification was modified to B2 (General Business) and M2 (Industrial General) District on February 14, 1990, during the comprehensive amendment to the County’s Zoning Ordinance. 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. Land Use The Comprehensive Plan and specifically the Southern Frederick Area Plan identify this property as part of the Sherando Center town center area. The plan calls for this area to develop as an “intensive, walkable urban area that is well integrated with the surrounding community”. The current M2 (Industrial General) District would not be considered to be consistent with the Comprehensive Plan. However, the proposed B2 (General Business) District would provide more consistency with the goals of the Comprehensive Plan. As noted in the Executive Summary, while this relatively small parcel cannot individually meet all the goals of the Sherando Center town center area, the proposed zoning will be able to integrate into that concept more easily than the current zoning designation of M2 (Industrial General). Transportation and Site Access The property is currently served by one entrance onto Route 277. The Comprehensive Plan calls for the widening of Route 277 as well as enhanced access management practices as was recently completed in the Route 277 project from Exit 307 to Double Church Road, just west of this project. The proffers provided in this application do provide access management improvements, however they do not currently provide necessary right-of-way for the future Route 277 widening. 3) Proffer Statement, Dated August 28, 2023, staff notes in bold italics 1. TRANSPORTATION: Rezoning #02-23 Global Headquarter (Bowman Trucking)7 LLC) August 31, 2023 Page 4 1.1 The Owner shall restrict direct access to Fairfax Pike – Route 277 and will gain access to VDOT right-of-way, as depicted in the attached September 30, 2022 “Off-Site Improvements & Access Concept” and Traffic Impact Analysis prepared by Pennoni Associates, Inc, and in the attached June 21, 2023 “Bowman Trucking Rezoning Generalized Development Plan Sherando Green Land Bay C” as prepared by Pennoni Associates Inc., through an inter-parcel connection and ingress/egress easement through the adjacent property, TM 86-A-81. 1.2 The Owner shall dedicate additional right-of-way along Fairfax Pike as necessary to construct road frontage improvements for the full access entrance on the adjacent property, identified as TM 86-A-81, which will provide inter-parcel access to the subject property. The dedication will locate the new Route 277 Fairfax Pike right-of-way line 60’ from the centerline of the existing roadway fronting the subject property. Said right of way shall be dedicated within 90 days of receiving written notice from Frederick County. 2. FIRE AND RESCUE 2.1 The Owner shall contribute to the Board the sum of $0.10 per square foot of gross floor area for fire and rescue purposes, payable upon the issuance of a building permit for each structure. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 08/16/23 MEETING: The Planning Commission held a public hearing on 8/16/2023. The applicant verified the intention to address the staff comments regarding right of way for Route 277. There were no public comments made. Upon the closure of the public hearing the Planning Commission voted unanimously to recommend approval of the rezoning. 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.