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Home My WebLink About01-24 BOS Staff Report REZONING APPLICATION #01-24 SINGH TRANS, INC. (GAGANDEEP & M. KAUR) Staff Report for the Board of Supervisors Prepared: April 3, 2024 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission 03/06/24 Recommended Approval Board of Supervisors: 04/10/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/10/24 BOARD OF SUPERVISORS 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. The Planning Commission held a public hearing on March 6, 2024, and unanimously recommended approval (Commissioner Moden absent). In the Planning Commission’s action, they further recommended the application be revised to include restrictions on the hours of operation for repair service, overnight truck idling, buffers and screening along Fairfax Pike, and high-quality building materials be used for the façade facing the road. The applicant has since addressed these comments through a revision to the proffer statement (revised March 25, 2024) and generalized development plan (revised March 8, 2024). The following changes were incorporated post-Planning Commission action: • Commitment to restricted hours of operation (7AM to 7PM Monday through Saturday). • Commitment to high-quality building façade design facing Fairfax Pike. • Commitment to maintaining 50-feet (FT) of mature woodlands around the property perimeter, and use of a Category C Type full screen buffer along Fairfax Pike if existing vegetation cannot be preserved. There are no outstanding issues, and the proposed rezoning is in general conformance with Comprehensive Plan policies. There are no outstanding comments, and the proffer statement (revised March 25, 2024) is in a legal form acceptable to the County Attorney. 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 #01-24 Singh Trans, Inc. April 3, 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: “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 Rezoning #01-24 Singh Trans, Inc. April 3, 2024 Page 3 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. The revised proffer statement (March 25, 2024) does include a proffer (1.4) committing to a high-quality façade facing Route 277. 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. Rezoning #01-24 Singh Trans, Inc. April 3, 2024 Page 4 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 March 25, 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 hours of operation restrictions, building design provisions, preservation of existing vegetation and/or commitment to a Category C Type full screen buffer along Route 277, and 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. 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. Frederick Water September 8, 2023 Frederick Water has not been in discussion with the applicant regarding this private on- site sewer disposal approach and will defer to the County and the Health Department on the appropriateness of utilizing private on-site sewer disposal. Virginia Department of Health (VDH) September 13, 2023 No objection to proposed rezoning of subject property. Rezoning #01-24 Singh Trans, Inc. April 3, 2024 Page 5 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/06/24 MEETING: The Planning Commission held a public hearing on March 6, 2024. The primary discussion was the operation of the business and the number of tractor trucks and trailers that could be serviced. The applicant’s representative clarified that the facility would only serve the owner’s fleet and presently there were up to 20 tractor trucks and trailers, but they did not all require servicing at the same time. It was stated all repair activities would occur indoors and the owner intended to develop the site with minimal disturbance to the existing mature vegetation on site, to the extent possible. The Planning Commission also expressed concerns with the increase in truck traffic to Route 277, noise generated by idling vehicles, and the impact on adjoining properties. Three (3) citizens provided comments on the proposed rezoning, specifically noting potential unmitigated impacts including noise, odor/fumes, spilling of hazardous materials, light pollution, increased traffic and potential for conflicts with passenger vehicles. The Planning Commission recommended approval (Commissioner Molden – absent) and conditioned their approval on the applicant including the following revisions to the proffer statement: inclusion of a restriction in the hours of operation for repair activities, inclusion of a restriction on overnight vehicle idling, commitment to high quality building design for the façade facing Fairfax Pike, and to commit to screening along the road. 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.