HomeMy WebLinkAbout08-24 PC Staff Report - September REZONING #08-24
D&M Container Services (J. Johnson)
Staff Report for the Planning Commission
Prepared: August 26, 2024
Staff Contact: M. Tyler Klein, AICP, Senior Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 4, 2024 Action: Pending
Board of Supervisors: September 25, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 86-A-180
Address 1290 Fairfax Pike, Stephens City
Magisterial District Opequon
Acreage +/- 13.0-acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential
Proposed Zoning M1 (Light Industrial)
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential
South: RA Land Use: Vacant
East: RA Land Use: Residential
West: RA Land Use: Residential
Proposed Use
This is a request to rezone one (1) parcel totaling 13-acres from the RA (Rural Areas) Zoning
District to the M1 (Light Industrial) Zoning District with proffers for the purposes of
establishing a container service facility.
Positives Concerns
The proposed rezoning proposes a use
(container service facility) typically
associated with the “industrial” land use
designation as identified in the
Comprehensive Plan.
The proffer statement includes right-of-way
(ROW) reservation for the future condition of
The proposed rezoning application materials
do not specifically address how the use
addresses the Southern Frederick 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 be fully
compatible with the Comprehensive Plan
462
Page 2 of 8
Route 277 as an “improved minor arterial
roadway.”
policies. The proffer statement does not
address the Plan envisioned high-quality
architecture or site design. Other recent
applications in the vicinity have addressed
this plan policy through inclusion of
screening elements along Route 277 to buffer
industrial activities.
As proposed, any M1 (Light Industrial)
Zoning District use would be allowed; some
of these uses could have a negative impact on
surrounding properties and/or the
transportation network (noise, dust, odor,
glare, vibrations, traffic, etc.) that may not be
fully mitigated by the proposed proffer
statement and GDP.
The proposed rezoning does not address the
Plan identified 10-foot-wide multi-use trail
along Route 277.
463
Page 3 of 8
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Frederick County (FC)
County Attorney
June 3, 2024 Legal Form.
See comment letter.
Addressed
Virginia Department of
Transportation
(VDOT)
June 11, 2024 “VDOT has reviewed our portion of
the rezoning application of tax map 86-
A-180 (Owner, Jimmy A Johnson). We
have the following comment, while we
do not see any issue with the proposed
use, the rezoning of the parcel to M1,
would not allow us to use the traffic
data provided. M1 would allow many
uses that would far exceed the 85 VPD,
and we would have to look at the
highest and best use for the parcel and
use that to determine the traffic impact.
The proffer statement did not proffer
out any specific high traffic uses, so we
would need to re-evaluate this based on
the highest and best use of M1 which is
not represented in this application.”
Addressed
FC Public Works May 20, 2024 No comments at this time.
FC Fire Marshal May 13, 2024 “Any and all future development shall
comply with the Frederick County Fire
Prevention Code.”
Frederick Water May 21, 2024 “The project parcel is located within
the sewer and water service area
(SWSA), and therefore by county
policy, Frederick Water’s water and
sewer services may be extended to the
site at the user’s expense. A 12-inch
water main traverses the property
frontage along Fairfax Pike. Sanitary
sewer service is not presently in the
vicinity.
The rezoning application package
clearly intends to not pursue public
sewer but proposes to
utilize private on-site waste disposal.
Frederick Water has not been in
discussion with the
applicant regarding this private on-site
sewer disposal approach and will defer
Addressed
464
Page 4 of 8
to the County and the Health
Department on the appropriateness of
utilizing private on-site sewer
disposal.”
See comment letter.
Virginia Department of
Health (VDH)
May 1, 2024 “It appears the plan is to utilize the
existing onsite waste sewage system
and water supply currently connected
to existing structures and use the
dwelling at 1290 Fairfax Pike as a
business office.
Our concern is whether the existing
onsite sewage system and private well
are safe, adequate, and proper for
proposed use.”
See comment letter.
Addressed
Planning & Zoning Staff Analysis:
Comprehensive Plan Conformance:
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 (map inset below). 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 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. “
465
Page 5 of 8
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 proposes a use (container service facility) typically associated with the
“industrial” land use designation in the Comprehensive Plan. However, 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 is not fully compatible with the Comprehensive Plan policies.
As proposed, any M1 (Light Industrial) Zoning District use would be allowed; some of these uses
could have a negative impact on surrounding properties and/or the transportation network (noise,
dust, odor, glare, vibrations, traffic, etc.).
Transportation & Site Access:
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
be required along the subject properties frontage to accommodate this future condition as well as
any warranted turn lanes (subject to VDOT approval). Further, the Plan identifies a multi-use trail
along the frontage.
The proffer statement, dated July 8, 2024, provides for right-of-way reservation along Fairfax Pike
for the future condition (widening), but does not identify or include the multiuse trail shown on
the Plan. Further, the proffer statement includes a provision for a Traffic Impact Analysis (TIA) at
the time of site plan for any uses that may generate more than 85 daily trips.
466
Page 6 of 8
Proffer Statement, Generalized Development Plan (GD)), & Impact Analysis:
The proffer statement, dated July 8, 2024, proposes the following:
Proffer (Date of Revision, if applicable)
Staff Comment
Proffer 1 – Transportation:
1.1. The Owner shall reserve additional right-
of-way along Fairfax Pike as necessary to
construct future road frontage
improvements. The reservation will locate
the new Route 277 Fairfax Pike right-of-
way line 45.5’ 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.
1.2. If the Applicant elects to develop the M1
Property with any permitted use that
results in a higher net new trip generation
from the Property than the proposed 85
daily trips (ADP) shown in the “General
Development Plan”, prepared by Penonni
Associates Inc, dated June 28, 2024 (the
“GDP”), then as part of any conditional
use permit or site plan approval process
for those uses, the Applicant shall submit
a Traffic Impact Analysis (TIA) to the
County and the Virginia Department of
Transportation (“VDOT”). Subject to
County and VDOT acceptance of the
submitted TIA, and the Applicant shall
mitigate any additional impacts caused by
such additional trips
1.3. In determining whether the uses
collectively have an increased traffic
impact for purposes of Proffer 1.2, the
Applicant may use actual traffic counts
for then existing uses on the Property in
lieu of the estimates that were employed
in the TIA, for determining background
traffic at the time of site plan submission.
Proffer 1.1, as proposed, the rezoning seeks to
implement Comprehensive Plan policy for the
future condition of Fairfax Pike (Route 277)
as an “improved minor arterial roadway.”
However, the proffer statement does not
include the Plan identified 10-foot-wide
multi-use trail along the roadway.
Proffer 1.2 & 1.3, as proposed, seek to
address concerns with development of any
M1 allowed use, specific to transportation
impacts, and would aid to mitigate future
impacts depending on the use. However, the
proffer statement is silent on how other
potential impacts (glare, noise, odor,
vibrations) of some M1 uses would be
mitigated.
Proffer 2 – Fire and Rescue: No comment.
467
Page 7 of 8
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.
Proffer 3 – Land Use:
3.1 M1- Light Industrial land uses are
proposed in two (2) phases and shall be
in conformance with the “General
Development Plan”, prepared by Pennoni
Associates Inc dated June 28, 2024.
3.2 The existing residential structure will be
converted to a business use and will be
allowed to remain as an existing
nonconforming structure at time of Right-
of Way dedication. Building gross square
footage expansion will not be allowed for
the existing nonconforming structure. All
other future building construction and site
improvements shall conform to current
zoning requirements at time of
permitting.
3.3 Existing on-site well and drainfield
facilities shall meet current Health
Department design requirements and
standards for the proposed business use.
Necessary facility upgrades shall be
required to be in place at time of building
occupancy.
Proffer 3, as proposed, does not address how
the proposal supports the County’s targeted
industries or the area plan’s vision for “a mix
of flexible uses” or “industrial and
commercial opportunity [with] high quality
architecture and site design.”
The proffer statement does not address the
Plan envisioned high-quality architecture or
site design. Other recent applications in the
vicinity have addressed this plan policy
through inclusion of screening elements along
Route 277 to buffer industrial activities.
468
Page 8 of 8
The generalized development plan (GDP) dated April 24, 2024, is included below and identifies Phase I
and Phase II use of the property.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on this rezoning application.
469