The URL can be used to link to this page

Home My WebLink About01-24 PC Staff Report REZONING APPLICATION #01-24 SINGH TRANS, INC. (GAGANDEEP & M. KAUR) Staff Report for the Planning Commission Prepared: February 26, 2024 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission 03/06/24 Pending Board of Supervisors: 04/10//24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/06/24 PLANNING COMMISSION MEETING: This is a request to rezone three (3) parcels totaling approximately +/-7.60-acres from the RA (Rural Areas), Zoning District to the M1 (Light Industrial) Zoning District with proffers to enable the development of a 11,300 square foot (SF) (tractor) trucking repair facility in the Shawnee Magisterial District. There are no outstanding issues, and the potential impacts of the proposal are sufficiently mitigated through voluntary proffers. The proposed rezoning is in general conformance with Comprehensive Plan policies. There are no outstanding comments, and the proffer statement (dated January 29, 2024) is in a legal form acceptable to the County Attorney. Following a public hearing, a recommendation from the Planning Commission 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 #01-24 Singh Trans, Inc. February 26, 2024 Page 2 This report has been 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 request to rezone +/-7.60-acres from the RA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning District with proffers. LOCATION: The subject properties are generally located north of Fairfax Pike (Route 277), approximately ½ miles east of the intersection of Fairfax Pike and Hudson Hollow Road (Route 636). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 86-A-174, 86-A-175 & 86-A-176 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Vacant/Unimproved South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Vacant/Unimproved West: Rural Areas (RA_ Use: Residential REVIEW EVALUATIONS: Planning & Zoning: 1) Comprehensive Plan Land Use Compatibility The Comprehensive Plan (adopted November 2021) and the Southern Frederick Area Plan (SOFRED, 2017) provide guidance on the future development of the subject property. The Plan identifies the subject properties with a “industrial” land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA). Further, the SOFRED plan identifies the subject properties within the “Route 277 Triangle – Centers of Economy” planning area. The plan states: Rezoning #01-24 Singh Trans, Inc. February 26, 2024 Page 3 “The Route 277 Triangle Centers of Economy is designed to be a significant area of commercial and industrial opportunity that is fully supportive of the Frederick County Economic Development Authority’s targeted goals and strategies. The intent of the mixed-use designation is to further “enhance the County’s commercial and industrial areas and to provide focus to the County’s future regional employment centers. In specific areas a mix of flexible uses, with office uses in prominent locations, is encouraged. Such areas are supported by substantial areas of industrial and commercial opportunity and provide areas that are well designed with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image. “ Further, the “Business Development” Chapter of the Comprehensive Plan includes several “targeted industries” for expansion of industrial land uses, this includes advanced manufacturing, headquarters and back office, professional and creative services, and agribusiness and food processing. The proposed rezoning implements a use (trucking repair facility) typically associated with the “industrial” land use designation in the Comprehensive Plan. Staff would note that the proposed rezoning application materials do not specifically address how the use supports the County’s targeted industries (identified above) or the area plan’s vision for “a mix of flexible uses” or “industrial and commercial opportunity [with] high quality architecture and site design.” In this respect, the application may not fully be consistent with the Comprehensive Plan policies. However, the rezoning, as proposed, generally implements Comprehensive Plan policies specific to future land use compatibility. 3) Site Access and Transportation The Plan also identifies transportation improvements in the vicinity of the subject properties. Fairfax Pike (Route 277) is identified as an “improved minor arterial roadway;” right-of-way will need to be reserved along the subject properties frontage to accommodate this future condition as well as any warranted turn lanes (subject to VDOT approval). The proffer statement (dated January 29, 2024) includes a dedication at time of site plan for additional right-of-way (ROW) along Fairfax Pike for future improvements. The rezoning, as proposed, generally implements Comprehensive Plan policies specific to future transportation facilities. 4) Potential Impacts & Proffers The proffer statement, dated January 29, 2024, “restricts the use of the property to only a truck repair facility and the related parking of commercial trucks for repair services.” By limiting the use of the property to only those uses studied, potential impacts to adjoining properties and roadways, is sufficiently mitigated. Further, the proffers include a $0.10 per square foot of gross floor area contribution to fire and rescue services to mitigate potential impacts to County capital facilities and services. The proffer statement is in a legal form acceptable to the County Attorney. Rezoning #01-24 Singh Trans, Inc. February 26, 2024 Page 4 Other Review Agency Comments: Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) September 21, 2024 Comments resolved. Frederick County (FC) Attorney September 25, 2023 Acceptable legal form. Frederick County Public Works September 19, 2023 Detailed review if a site plan is submitted for this potential project. Following a public hearing, a recommendation from the Planning Commission 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.