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HomeMy WebLinkAbout08-24 BOS Staff Report REZONING #08-24 D&M Container Services (J. Johnson) Staff Report for the Board of Supervisors Prepared: October 29, 2024 Staff Contact: M. Tyler Klein, AICP, Senior Planner Executive Summary: Meeting Schedule Planning Commission: September 4, 2024 October 2, 2024 Action: Tabled to 10/2/24 Action: Recommended Approval Board of Supervisors: November 13, 2024 Action: Pending Property Information Property Identification Number (PIN) 86-A-180 Address 1290 Fairfax Pike, White Post 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 (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) 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 and other M1 Zoning District uses. 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 revised proffer statement (9/25/24) further limits the allowed M1 uses to those which impacts have been mitigated through other proffered Proffer 3.7 seeks to address “high quality architecture” as identified in Plan policy. Other recent rezoning applications in the vicinity have committed to 100% of the road facing facades to be constructed of one or a combination of the following: cast stone, stone, brick, architectural block, glass, wood, dryvit or stucco. Whereas included in the Page 2 of 7 commitments, and limits hours of operation for certain activities associated with a “container service facility.” The proffer statement includes right-of-way (ROW) reservation for the future condition of Route 277 as an “improved minor arterial roadway,” including a 10’ wide multi-use trail, addressing Plan policy. The revised proffer statement addresses area plan policy about implementing “high-quality architecture and site design” in this area of the County by including a landscape buffer along Route 277 and committing to building materials for the façade. revised proffer statement (9/25/2024) “a minimum surface area of twenty-five percent (25%) of the building façade facing Route 277 Fairfax Pike shall be constructed to contain one or a combination of the following: cast stone, stone, brick, architectural block, glass, wood, dryvit, or stucco.” Page 3 of 7 Review Agency Comments: Review Agency Comment Date Comment Summary Status Frederick County (FC) County Attorney September 19, 2024 Legal Form. See revised 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 private on-site waste disposal. Frederick Water has not been in discussion with the application regarding this private on-site sewer disposal approach and will defer to the County and the Health Addressed Page 4 of 7 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. “ Page 5 of 7 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.” In this respect, the application is not fully compatible with the Comprehensive Plan policies. 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, revised September 25, 2024, provides for 52.5’ of right-of-way (ROW) reservation along Fairfax Pike for the future condition (widening), and to include the multi-use trail shown on the Plan. Further, the proffer statement includes a provision for a Traffic Impact Analysis (TIA) at the time of the site plan for any uses that may generate more than 85 daily trips. Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: The proffer statement, revised September 25, 2024, proposes the following: Page 6 of 7 Proffers (Revision Dated 9/25/24) Staff Comment Proffer 1 – Transportation No comments. Proffer 2 – Fire and Rescue No comments. Proffer 3 – Land Use Proffers 3.7 and 3.8 have been included to better address Plan policy specific to “high- quality architecture and site design.” Other recent rezoning applications in the vicinity have committed to 100% of the road facing facades to be constructed of one or a combination of the following: cast stone, stone, brick, architectural block, glass, wood, dryvit or stucco. The buffer treatment along the roadway frontage is equivalent to other applications in the vicinity. The generalized development plan (GDP) dated April 24, 2024, is included below and identifies Phase I and Phase II use of the property. Page 7 of 7 Planning Commission Summary and Action From the 09/04/24 Meeting: The Planning Commission held a public hearing on September 4, 2024. One (1) member of the public spoke in support of the proposed rezoning application. The primary discussion among the Planning Commission was the potential impact of the rezoning that as proposed may allow for any allowed M1 Zoning District use, some of which may have an impact on adjoining properties. The application was tabled to October 2, 2024, and the applicant was directed to address allowed uses, future right-of-way (ROW) for Route 277 to accommodate a trail section, hours of operation for a container service facility, and architecture and site design. Planning Commission Summary and Action From the 10/02/24 Meeting: The Planning Commission discussed this item on October 2, 2024. In their remarks, the Planning Commission expressed support for the changes the applicant made to the application to address future Route 277 ROW, architectural standards envisioned by the Plan, hours of operation, and restrict industrial uses that could impact adjoining residential properties and roadways. The Planning Commission unanimously recommended approval (Commissioner DeHaven absent) of the rezoning application. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application.