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HomeMy WebLinkAbout11-24 BOS Staff Report - March 12 REZONING #11 -24 Route 7 Self Storage (Edward P. Browning IV) Staff Report for the Board of Supervisors Prepared: February 26, 2025 Staff Contact: Kayla Peloquin, AICP, Planner II Executive Summary: Meeting Schedule Planning Commission: January 15, 2025 Planning Commission: February 19, 2025 Action: Tabled Action: Recommended Approval Board of Supervisors: March 12, 2025 Action: Pending Property Information Property Identification Number (PIN) 55-A-180 Address Berryville Pike (Route 7) Magisterial District Red Bud Acreage +/- 2.38 acres Zoning & Present Land Use Zoning: B1 (Neighborhood Business) Land Use: Vacant Proposed Zoning B2 (General Business) Adjoining Property Zoning & Present Land Use North: Principal Arterial Land Use: Berryville Pike (Route 7) South: RP (Residential Performance) District Land Use: Single Family Residential East: RA (Rural Areas) District Land Use: Restaurant/Pub West: RA (Rural Areas) District Land Use: Single Family Residential Proposed Use This is a request to rezone one (1) parcel of +/- 2.38 acres from the B1 (Neighborhood Business) Zoning District to the B2 (General Business) Zoning District with proffers to allow for a self-storage facility. Positives Concerns The proffer statement restricts the use of the property to a self-service storage facility only, which would likely generate fewer trips per day than some of the permitted uses in the B1 Zoning District that could be built by-right. Outdoor trailer parking is prohibited. Large vehicles and trucks, potentially with trailers, may be accessing the site to drop off or pick up items at the facility. This area of Route 7 is already congested and has numerous documented safety concerns and incidents. Page 2 of 5 A right turn deceleration lane entering the property and a right turn acceleration lane exiting the property have been proffered which will make the entrance to the property safer. Hours of operation daily from 6:00 AM – 10:00 PM have been added to the proffer statement. The proposed rezoning is not in conformance with the Comprehensive Plan, which designates the desired long-range land use as residential. Review Agency Comments: Review Agency Comment Date Comment Summary Status Frederick County (FC) Fire Marshal December 13, 2023 Fire apparatus access roads must be shown on the site plan. Applicant acknowledged fire access roads must be shown on site plan. FC Attorney January 21, 2025 Specify what zoning district uses are to be excluded in the proffer statement. Addressed. Frederick Water January 2, 2024 The submission included a preliminary site plan and entrance concept along Route 7, which will be atop an existing 10-inch water main, will require that the developer replace the water main as construction atop the main will certainly cause damage to the main. We look to the design phase of the project to review the detailed entrance improvements and water main replacement plans. The applicant has acknowledged the comment and is willing to address at the time of site plan. FC Public Works December 19, 2023 No comment. VDOT December 19, 2024 Given the location of this property on a narrow section of Route 7 (without adequate shoulders), we would suggest a commitment by the developer to provide a full right turn lane into the project (100-feet storage, 100-feet taper). Addressed. Added to proffers and GDP revised in January 2025. Page 3 of 5 Planning & Zoning Staff Analysis: Site History: The property was part of a large rezoning from A2 (Agricultural General) to RP (Residential Performance) in 1987 and was later subdivided and rezoned from RP to B1 (Neighborhood Business) in 1989 with no proffers. General Development Plan (GDP), Site Access, and Transportation: The GDP, revised January 2025, depicts a new right-in/right-out entrance south off eastbound Route 7 with a proposed bridge over a stream (Ash Hollow Run). The GDP shows 13 vehicle parking spaces. There are existing entrances nearby along Route 7, approximately 60’ west of the western property boundary and approximately 20’ east of the eastern property boundary. The posted speed limit is 45 MPH. The right turn acceleration lane and deceleration lane requested by VDOT have been added to the GDP. The impact analysis states “the business assumes minimum employee presence and possibly five customers daily. A majority of the activity on site will be autonomous self-service with minimal amount of traffic in and out of the site” (pg. 2) and later states the estimated vehicle trips per weekday average is 58.6 trips per day (TPD) per the ITE Trip Generation Manual, 7th edition. Comprehensive Plan Conformance: The Comprehensive Plan and the Senseny/Eastern Frederick Area Plan provide guidance on the future development of the subject property. The Plan identifies this property with a “residential” land use designation of 4 dwelling units per acre (4 u/a) and is within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Plan envisions this area of the County and the Route 7 corridor to remain residential. Business uses are planned closer to Interstate 81 and west of Greenwood Road. Therefore, the current and proposed zoning is inconsistent with the Plan. Proffers & Staff Comments: Proffers (Revised 2/21/25) Staff Comment Proposed use has been limited to self-service storage facilities only. This proffer restricts all other B2 permitted uses that could generate more trips per day. Commercial entrance shall include a right turn lane into the development with a 100’ taper and a 100’ deceleration lane and a 75’ acceleration land and a 50’ taper exiting the development. Proffers have addressed VDOT comments. Outdoor trailer storage will be prohibited. This proffer was added at the request of staff. It is intended to decrease the number of large vehicles/trailers/RVs entering and exiting the site. However, given the self-storage use, large Page 4 of 5 vehicles will still be entering and exiting the property. Hours of operation have been limited from 6:00 AM – 10:00 PM daily. This limits the hours customers can access the site. This proffer was added at the request of the Planning Commission. Planning Commission Summary & Action from the January 15, 2025 Meeting: The Planning Commission met on January 15, 2025, and received a revised impact analysis, GDP, and proffers during the meeting. Staff’s presentation reflected the updated materials and outlined the major changes from the initial submission, namely the restriction of all B2 permitted uses other than self-storage, the restriction of outdoor trailer storage, and the addition of turn lanes. The commissioners discussed the B1 Zoning District uses that could be constructed by-right with the current zoning, and staff confirmed that development of those uses could commence with a site plan approved by the planning department and other reviewing agencies. One commissioner pointed out that the current zoning also does not meet the desired long-range land use in the Comprehensive Plan, and that the proposed self-storage use is likely less intensive than many of the permitted B1 Zoning District uses. Mr. Knechtel with Potesta & Associates, representing the applicant, outlined the zoning district buffer requirement of at least 50’ with a landscaping component that would be required adjacent to residential uses. Mr. Knechtel said a safety railing would be placed on top of the retaining wall and site lighting would be addressed through a photometric plan at the site plan stage. The Zoning Ordinance requires lighting to not shine onto other properties or roadways. The Planning Commission held a public hearing and two residents spoke. The concerns were primarily regarding potential environmental and erosion issues, the safety of the children in the Pioneer Heights subdivision, the proposed use not fitting in with the character of the community, and potential impacts to nearby residential property values. The Planning Commission tabled the application to the meeting on February 19th to allow the public time to review the updated materials and provide comments on the revisions. The Chairman left the public hearing open so that it could be continued at the next meeting. Planning Commission Summary & Action from the February 19, 2025 Meeting: The Planning Commission met on February 19, 2025, and a commissioner pointed out the original rezoning to the B1 Zoning District in 1989 likely predated the Comprehensive Plan. Staff noted that there are other business uses in the vicinity that predate the zoning ordinance. Several public comments were made concerning flooding of Ash Hollow Run and other environmental concerns, the safety of children in the Pioneer Heights subdivision, increased road noise affecting the residential areas, increased traffic and safety concerns on Route 7, and a potential decrease of residential property values should the rezoning be approved. Page 5 of 5 Mr. Knechtel shared the list of allowed uses in the B1 Zoning District that could be done “by- right” without a zoning change that could generate more trips and noise than the proposed self- storage use. Mr. Knechtel recapped the zoning ordinance requirements for any commercial development on the property, including the 50’ zone distance buffer with fencing and vegetative screening requirements around the property perimeter along with requirements that lighting be downcast. There was a discussion of the retaining wall and potential limits of hours of operation. The Commissioners reached consensus that the proposed rezoning with a proffer limiting the use to self-storage only would be less impactful than other B1 uses and acknowledged the applicant proffered to make all of the improvements requested by VDOT. The Planning Commission recommended approval of the rezoning with hours of operation from 6:00 AM to 10:00 PM be added to the proffer statement. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application