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HomeMy WebLinkAbout07-24 BOS Staff Report REZONING #07-24 William & Barbara Houdershell Staff Report for the Board of Supervisors Prepared: November 25, 2024 Staff Contact: Kayla Peloquin, Planner Executive Summary: Meeting Schedule Planning Commission: September 4, 2024 Planning Commission: November 6, 2024 Action: Tabled Action: Recommended Denial Board of Supervisors: December 11, 2024 Action: Pending Property Information Property Identification Number (PIN) 91-A-28B Address 8183 Valley Pike, Middletown, VA Magisterial District Back Creek Acreage +/- 5.00 acres Zoning & Present Land Use Zoning: M1 (Light Industrial) Land Use: Residential Proposed Zoning RA (Rural Areas) Adjoining Property Zoning & Present Land Use North: RA (Rural Areas) Land Use: Department of Historic Resources (DHR) Easement South: M1 (Light Industrial) Land Use: Industrial East: M1 (Light Industrial) Land Use: Vacant (In Middletown) West: M1 (Light Industrial) Land Use: Industrial Proposed Use The Applicant proposes rezoning the property from M1 (Light Industrial) to RA (Rural Areas) District in an effort to protect the historic property by restricting the allowed uses and ensure future underwriting for loans on the property is not obstructed. Page 2 of 4 Review Agency Comments: Review Agency Comment Date Comment Summary Historic Resources Advisory Board August 16, 2024 Recommended approval Planning & Zoning Staff Analysis: Site History: The property and the surrounding area were rezoned from A2 (Agricultural General) to M1 (Industrial Limited) in 1975. The M1 Zoning District later was renamed “Light Industrial.” The property that was rezoned was later subdivided and this 5-acre lot was created. The residence, Monte Vista (DHR ID #034-0014), is listed on the VA Landmarks Register and the National Register of Historic Places. The house was built around 1883 and has been well preserved. It is currently used as a residence. Proffers: There are no proffers associated with this property or proposed with this rezoning. Zoning Ordinance Requirements: Should this property be rezoned to RA (Rural Areas), adjacent M1 (Light Industrial) properties would be allowed to continue all allowed industrial uses with no change to setback requirements. However, there would be buffer requirements for M1 zoned land adjacent to an RA property used as a residence in accordance with §165-203.02(D) which would only be required upon redevelopment of the adjoining M1 property. Comprehensive Plan Conformance: The Comprehensive Plan provides guidance when considering any land use action. The property is located outside of the Frederick County Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). This property was included in a blanket agreement for the sewer and water service to be provided by Middletown that predates the Board policy regarding these matters. The long-range land use of the property is designated to remain rural in nature. The property is not located within a small area plan and has likely not been extensively studied. Historic preservation is one of the preferred uses for the County’s rural areas (Comprehensive Plan, pg. 14). The proposed rezoning is in general conformance with the Comprehensive Plan. Planning Commission Summary & Action from the September 4, 2024, Meeting: The Planning Commission held a public hearing on September 4, 2024. The commissioners discussed the impacts on adjoining properties should this rezoning be approved. Staff stated that should the adjoining property to the south redevelop and submit a new site plan, they would have to accommodate a Category C buffer in accordance with §165-203.02(D). Staff noted the Page 3 of 4 ordinance section that allows a common shared buffer and screening easement to be recorded with the consent of both landowners. Staff stated they would look into potential impacts on the adjoining property to the north within the Town of Middletown. The commission discussed the Comprehensive Plan, which designates the area south of Middletown as rural, despite existing industrial uses in the vicinity. The commission directed staff to work with the applicant and the adjoining property owner to the south to facilitate an agreement regarding the shared buffer. The application was tabled until the first meeting in November (11/6/2024) to give both parties time to come to an agreement. Staff Follow Up: Since the Planning Commission meeting, staff looked through the Middletown Zoning Ordinance and did not determine any impacts from the zoning of the subject property on the property to the north should that property be developed. Staff worked with the applicant and the owner of adjoining property to the south to explore various options, including a common shared buffer and screening easement or a waiver of the buffer requirements entirely. After in-person and phone discussions of shared buffer options for the negotiations concluded with the applicant offering to waive the buffer requirement entirely. The adjoining property owner to the south communicated they would still object to the downzoning even if the buffer requirement was waived. Listed below are the applicable ordinance sections on zoning district buffer requirements. Should the rezoning be approved, these requirements would only apply if the industrial property submitted a new site plan to expand or redevelop the current site. • §165-203.02(D) Zoning District Buffers • §165-203.02(B) Screening Requirements • §165-203.02(A) Distance Buffers Planning Commission Summary and Action from the November 6, 2024, Meeting: Staff stated that from the time the agenda was prepared, an agreement to waive the buffer requirement that would be imposed on the adjoining property should this rezoning be approved has been drafted, but is still being reviewed by all parties, including Frederick County. The Planning Commission discussed that although progress has been made, the agreement has not been finalized. Staff added that the agreement’s purpose is to waive the buffer, which is the only identified ordinance requirement imposed on the adjoining industrially zoned property, therefore the agreement should simply state that and cite the relevant ordinance section to be in a form acceptable to the County Attorney. Staff stated the Middletown Zoning Ordinance does not consider the adjoining Zoning District in the County, therefore there are no additional requirements depending on the zoning of the subject property should the adjoining property to the North (within the Town of Middletown) develop. The Planning Commission discussed the applicant’s goal to preserve the property, and the intent of the rezoning to make the zoning district reflect the reality of the past, current, and desired future use of the property, which in turn would make it more feasible for someone to acquire a loan on the property in the future who would want to continue using the property as a residence. Page 4 of 4 The Planning Commission recommended denial of the rezoning because an agreement to waive the buffer has not yet been finalized. Upon a vote of 7 in favor and 4 against, the motion carried. Staff Follow Up: Staff collected comments on the agreement to waive the buffer from the applicant, the County Attorney, and County Administration to ensure all parties had provided feedback on the draft agreement. Those comments were provided to the adjoining property owner and his legal counsel on November 11th, 2024. In short, the County is unwilling to be party to an agreement that is structured to achieve anything other than waiving the buffer requirement. The draft agreement includes properties within the Town of Middletown that are entirely unaffected by this land use action, a restriction on the Houdershells from objecting to how the adjoining property is utilized, a provision that would overturn the Board’s rezoning action if they agreement was ever violated, and lastly an exemption of the property from future Board actions that change the ordinance and potentially impose new standards for redevelopment on the property. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application.