HomeMy WebLinkAbout01-10 ApplicationNovember 15, 2010
Mr. Evan Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONING #01 -10, BUSY BEEZ
PINS: 33 -A -92 and 33 -A -93
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of November 10, 2010. The above referenced application was approved to revise the
proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to rezone 0.567 acres of land
from the B3 District to the B2 (Business General) District with revised proffers, totaling 1.89 acres.
The properties are located on the west side of Martinsburg Pike (Route 11), approximately 2,000 feet
south of Interstate 81 Exit 323.
The proffer statement, originally dated May 9, 2001, with final revision date of October 1, 2010, that
was approved as a part of this rezoning application is unique to the above referenced properties and
is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the
Frederick County Clerk of Circuit Court for recordation.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Candice E. Perkins, AICP
Senior Planner
CEP/bad
Attachment
all Pl.—
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
cc: Timothy and Margo Johnson, 141 Sister Chipmunk Ln, Clearbrook, VA 22624
Charles DeHaven, Jr., Stonewall Magisterial District Supervisor
Gary Oates and Stan Crockett, Stonewall Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney w/Proffer, Resolution and Plat
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
Planning Commission:
Board of Supervisors:
REZONING APPLICATION #01 -10
BUSY BEEZ DAYCARE
Staff Report for the Board of Supervisors
Prepared: November 4, 2010
Staff Contact: Candice E. Perkins, AICP, Senior Planner
Reviewed Action
11/03/10 Recommended Approval
11 /10 /10 Pending
PROPOSAL: To revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to
rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the B3 District
with Rezoning #05 -01.
LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 11/10/10 BOARD OF
SUPERVISORS MEETING:
This is an application to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and
to rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the B3 District
with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child day -care facilities) only
on the 0.567 acre portion seeking the B2 zoning; all other uses are consistent with the 2001 rezoning.
The land uses proposed in this application are consistent with the business designation of the Northeast
Land Use Plan (NELUP) and the application has addressed all of staff's concerns.
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 -10 Busy Beez Daycare
November 4, 2010
Page 2
This report is 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.
Planning Commission:
Board of Supervisors:
Reviewed
11/03/10
11 /10 /10
PROPOSAL: To revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to
rezone 0.567 acres of and from the B3 District to the 32 (Business General) District with revised
proffers. totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the B3 District
with Rezoning #05 -01.
LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33 -A -92 and 33 -A -93
PROPERTY ZONING: B3 (Industrial Transition) District
PRESENT USE: Auto Repair Facility and Church
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Areas) District
South: RA (Rural Areas) District
East: RA (Rural Areas) District
West: N/A
Use:
Use:
Use:
Use:
Action
Recommended Approval
Pending
Vacant
Residential
Residential
Interstate 81
Rezoning 401 -10 Busy Beez Daycare
November 4, 2010
Page 3
REVIEW EVALUATIONS:
1
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been
considered as the access to the property. VDOT is satisfied that the transportation proffers offered to
the Busy Beez Daycare rezoning application dated August 19, 2010 address transportation concerns
associated with this request. Before development, this office will require a complete set of construction
plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation
Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs,
including right -of -way dedications, traffic signalization, and off -site roadway improvements and
drainage. Any work performed on the State's right -of -way must be covered under a land use permit.
This permit is issued by this office and requires an inspection fee and surety bond coverage.
Fire Marshal: Plan approval recommended.
Public Works Department: 1. Refer to page 7 of the Impact Analysis under Site Drainage: Any
subsequent site plans should verify that the existing stormwater detention facility was constructed in
accordance with the approved plans for parcel 33 -A -92. In addition. the site plan design should confirm
that the existing detention facility will accommodate the proposed development of parcel 33-A-93. 2.
Refer to page 8 of the Impact Analysis under Solid Waste Disposal: The current waste load at the
regional landfill has decreased to any average of 150,000 tons per year. 3. Refer to page 3 of the Proffer
Statement under paragraph C:1 Structural Development Limitation: Correct the parcel description to
33 -A -93.
Department of Inspections: No comment required at this time. Shall comment at the time of site
plan review.
Sanitation Authority: Water and sewer are available. There is sufficient water capacity and pressure
to serve this parcel. There is sufficient sewer capacity to serve this parcel.
Service Authority: No comments regarding request.
Winchester Regional Airport: The proposed rezoning should not impact operations at the Winchester
Regional Airport. However, because of the location of the property, the owners should be advised that
they could experience flyover noise from medevac operations in transit through that corridor.
Frederick County Attorney: Please see attached letter dated September 7, 2010,.from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached letter dated September 2, 2010, Candice E. Perkins,
AICP, Senior Planner.
Rezoning 401 -10 Busy Beez Daycare
November 4, 2010
Page 4
Planning Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Inwood Quadrangle) depicts the zoning of
the two parcels as A -2 (Agricultural General) District. The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989.
In 2001, the Board of Supervisors approved Rezoning #05 -01, which rezoned the two properties
(total of 1.89 acres) to the B3 (Industrial Transition District) with proffers. The rear property
(33 -A -92) contains an automotive repair facility and the front property (33 -A -93) contains a
structure currently being utilized as a church.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1J
Land Use.
The subject properties are within the limits of the Sewer and Water Service Area (S W SA). The
Sewer and Water Service Area defines the general area in which more intensive forms of
planned commercial, and industrial development will occur. The properties are also within the
limits of the North East Land Use Plan. The plan shows this area with a business land use
designation. The applicant is requesting a rezoning to the B2 (Business General) and the B3
(Industrial Transition) Zoning Districts and, therefore, this requested zoning is in general
conformance with the Comprehensive Policy Plan.
Site Access.
The property will be served by the existing commercial entrance on Martinsburg Pike (U.S.
Route 11) and the applicant has proffered to dedicate ten foot of right -of -way along the frontage
of the site.
3) Proffer Statement Dated May 9, 2001 with latest revision October 1, 2010
A) Allowed Uses:
The following uses shall be permitted within the B3 District on tax map parcel 33 -A -92:
SIC 15, 16 17 Office and storage facilities for building construction contractors,
heavy construction contractors and special trade contractors.
SIC 48 Communication facilities and offices, including telephone, telegraph, radio,
television and other communications.
SIC 73 Business Services.
SIC 75 Automotive repair, service and parking.
Rezoning #01 -10 Busy Beez Daycare
November 4, 2010
Page 5
SIC 76 Miscellaneous repair services.
SIC 861 Business Associations.
Self- service storage facilities.
Public Buildings.
Public utility distribution facilities.
The following uses shall be permitted within the B2 District on tax map parcel 33 -A -93:
SIC 48 Communication facilities and offices, including telephone, telegraph, radio,
television and other communications.
SIC 73 Business Services.
SIC 76 Miscellaneous repair services.
SIC 8351 Child day -care facilities.
SIC 861 Business Associations.
Self service storage facilities.
Public Buildings.
Public utility distribution facilities.
Staff Note: The only change to the permitted uses is the addition of SIC 8351 for child day -care
facilities (only permitted on the parcel proposed to be rezoned to the B2 District), all other uses are
consistent with Rezoning 1105 -01.
B) Access Management.
1. Tax map parcels 33 -A -92 and 33 -A -93 shall be served by the existing commercial
entrance on Martinsburg Pike (Route 11).
2. The applicant proffers to dedicate right -of -way along the Martinsburg Pike frontage
of parcel 33 -A -93 to accommodate the future widening of this corridor. This one-
time right -of -way dedication shall not exceed ten feet in width and shall occur
subsequent to the final Martinsburg Pike design plan approval. The Applicant shall
provide the required right -of -way dedication within 90 days of written request by
Frederick County and/or VDOT.
C) Structural Development Limitation:
Tax map parcel 33- ((A)) -93 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of self- service storage facilities, identified in
Section A(2) of the proffer statement.
D) Monetary Contribution to Offset Impact of Development.
The Applicant hereby proffers that in the event rezoning application #01 -10 is approved,
the undersigned will pay to the Treasurer of Frederick County, Virginia $0.10 per square
footage of structural area developed subsequent to approval of this rezoning application.
This monetary contribution is intended to offset impacts to fire and rescue services and
will be paid prior to issuance of an occupancy permit for the first land use constructed
on tax map parcel 33- ((A)) -93.
Rezoning 1401-10 Busy Beez Daycare
November 4, 2010
Page 6
PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/03/10 MEETING:
There were two citizen comments during the public hearing; concerns were expressed about buffering
against the adjacent property and the proposed daycare's proximity to Martinsburg Pike. The
Commission raised no issues with the proposed rezoning and unanimously recommended approval of
Rezoning #01 -10. (Note: Commissioner Thomas was absent from the meeting.)
STAFF CONCLUSIONS FOR THE 11 /10 /10 PLANNING COMMISSION MEETING:
This is an application to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and
to rezone 0.567 acres of land from the B3 District to the E32 (Business General) District with revised
proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the B3 District
with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child day -care facilities) only
on the 0.567 acre portion seeking the B2 Zoning, all other uses are consistent with the 2001 rezoning.
The land uses proposed in this application are consistent with the business designation of the Northeast
Land Use Plan (NELUP) and the application has addressed all of staffs concerns.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
21-9yy ul?
7
9
33 A 91
JOHNSON CHERYL D ETALS
33 A 96A
COMPTON ROBERT W VIRGINIA G
33JA'93
CLEAR BROOK RENTALS LLC
bmowesseinalarrif
33A 1 16
COOK HOWARD LJR
Rezoning 010
Busy Beez Daycare
PINs #33- A -92 &93
(B3 to B3 (revised proffers))
(B3 to B2 (revised proffers))
1
a
r n
BERKELEY COUNTY
WEST VIRGINIA
33 A 97
REIMERS ELECTRA STEAM INC.
33 A;98
REIMERS ELECTRA STEAM INC:
33 A', S4
COOKE CHARLES A.& BETTY L.
MARRO O 24
IENNrNGS 7
ALLAH,
SON F 33A 7 21
Q ARDB -4B
RO @y �N0LL KfM
ERL
ROB yPHILLIP INENDC KfMg
ERLY
33 A
HOLLI DAY E V
r 1 Parcels Zoning
OApplication B3 (Business, Industrial Transition District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
Floodplain
Flood Zone -A
Rezoning 01 10
Busy Beez Daycare
PINs #33- A -92 &93
(B3 to B3 (revised proffers))
(B3 to B2 (revised proffers))
0 100 200
I I I I
Note:
Frederick County Dept of
Planning Development
107 N Kent St
Suite 202
Winchester, VA 22601
540 665 -5651
Map Created. Sept 28, 2010
400 Feet
1 Staff Planner. CPerkins
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Engineering
Telephone: 540- 662 -4185
Address: 151 Windy Hill Lane, Winchester, VA 22602
2. Property Owner (if different from above)
Name: Timothy W. Johnson Margo D. Johnson
Telephone: 540- 662 -7878
Address: 4491 Martinsburg Pike Clearbrook, VA 22624
3. Contact person if other than above
Name: Evan A. Wyatt, AICP
Telephone: 540- 662 -4185
4. Checklist: Check the following items that have been included with this
application.
Location map Agency Comments
Plat Fees
Deed to Property Impact Analysis Statement
Verification of taxes paid Proffer Statement
The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Timothy W. Johnson Margo D. Johnson
5. Current Use of the Property: American Autobody Church
6. Proposed Use of the Property: American Autobody Child Day Care
7. Adjoining Property: Please see attached adjoining property owner map
exhibit and adjoining property owner mailing address table.
PARCEL ID NUMBER
USE
ZONING
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
The subject properties are located on the west side of Martinsburg Pike (U.S. Route 11),
approximately 2 000 feet south of Interstate 81 Exit 323.
Acres
Current Zoning
Zoning Requested
1.324±
B3 (with proffers)
B3 (with revised proffers)
0.567±
B3 (with proffers)
B2 (with revised proffers)
1.89±
Total Acreage to be rezoned
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 33 -A -92 33 -A -93
Districts
Magisterial: Stonewall High School: James Wood High
School
Fire Service: Clear Brook Middle School: James Wood Middle
School
Rescue Service: Clear Brook Elementary School: Stonewall
Elementary School
10. Zoning Change: List the acreage included in each new zoning category
being requested.
11. The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi- Family
Non Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses*
Office: Wholesale:
Self Serve Storage: Warehouse:
Lumber Store: Other:
*Structural square footage is limited to 3,000 square feet for tax map parcel 33- ((A))-
93 as described in Section C(1) of the proffer statement.
Signature:
Owner (s):
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s): l d i(t vl Date: S
3/10
Date: `1/13/
-I Date:
Notary Public
Revised 3/17/08
Signature(s) 4-2
State of Vir inia, Ci
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540-665-6395 Phone 540- 665 -5651
Know All Men By These Presents: That I (We)
(Name) Timothy W. Johnson Margo D. Johnson (Phone) (540) 662 -7878
(Address) 4491 Martinsburg Pike Clear Brook VA 22624
the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. 030025588 on Page and is described as
Parcel: 92 Lot Block: A Section: 33 Subdivision:
Parcel: 93 Lot: Block: A Section: 33 Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering, Inc. (Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane. Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
Rezoning (Including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Z Site Plan
Variance or Appeal
Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this IMHday ofa r,f2133 20 0
y
f Ta ✓(C,Lc To -wit:
I, DOnat, L Pet oo. a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to the foregoing instrument and who I n
ppp ar n9,to me, personally appeared before me and has
acowledged the same before me in the jur, ttii&7®res, this 1n day of 04 2f1t) 2U 1 9
CP` mjssion Expires: fr k 7, 2-0
't t O z Registth21it 2-4 lo OLc,
0 0.J ye;�a
TAX MAP
NAME
ADDRESS
CITY STATE
ZIP
ZONING
LAND USE
33 9 4
AB WHITE HALL LLC
8531 PULASKI HWY
BALTIMORE MD
21237
B3
4
33 9 5
PROFESSIONAL MOBILE HOME BROKERS INC
P 0 BOX 4091
WINCHESTER VA
22604
B3
4
33 A 91
JOHNSON CHERYL D ETALS
212 S WASHINGTON ST
WINCHESTER VA
22601
RA
4
33 A 94
COOKE CHARLES A. BETTY L.
4481 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33 A 95
CLEAR BROOK RENTALS LLC
141 SISTER CHIPMUNK LN
CLEAR BROOK VA
22624
RA
2
33A 1 18
ROBY PHILLIP WENDELL KIMBERLY F
4478 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33A 1 19
ROBY PHILLIP WENDELL KIMBERLY F
4478 MARTINSBURG PIKE
CLEAR BROOK VA
22624
RA
2
33A 1 20
VENSKOSKE RICHARD M
2038 CHESTNUT GROVE RD
WINCHESTER VA
22603
RA
2
Timothy W. Johnson Rezoning Adjoining Parcels
Source: Frederick County GIS, August 2010 8/12
iSouroe, Frederick County, Va. GIS Department
Legend
:Timoth W. Johnson Parcels
L] Adjoining Parcel
Parcel Boundary
33 9 5
33 9 4
33' A 91
33 A 94
33 A 95
Timothy W. Johnson Rezoning
Adjoining Parcels Map
33A 1 20
33A 1 19
33A 1 18
Feet
200 100 0 200 400,
f
C
0
F
U_
c
c
0
u
f
2 u
c
u
u
Winchester
Location Map
Legend
M Timothy W. Johnson Parcels
Parcel Boundary
!aning
N B B2 (Business, General Distrist)
in B3 (Business, Industrial Transition District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
1 RA (Rural Area District)
r Source: Frederick County, Va. GIS Department
Berkeley
County, WV
Clarke
County,
Virginia
Timothy W. Johnson Rezoning
Location and Zoning Map
Feet
500 250 0 500 1,000
O
z
0
N
W
z
0
w
z
x
0
O
Timothy W. Johnson Rezoning
Aerial Overview
Legend
1 1 Tmothy W. Johnson Parcels
L Parcel Boundary
ida Source: Frederick County, Va. GIS Deparlmenl, Aerial Pholos from 2006
Feet
100 50 0 100 200
z
z
0
W
D'
z
0
z
0
X
0
O
2
z
TC
W
W
z
C7
z
W
y. i
z
W
CO
W
,ta Source: Frederick County, Va. GIS Department
CH URcH..R D
4I 4
ftraill*
81
agoa
Timothy W. Johnson Rezoning
SWSA, Water Sewer Lines Map
500 250 0
Leaend
Q Timothy W. Johnson Parcels
Parcel Boundary
SWSA
Water Line
Sewer Line
Feet
500 1,000
z
W
W
z_
z
W r
3
z
cc
l
r
Legend
O Timothy W. Johnson Parcels
Parcel Boundary
Stream
L—I Lake or Pond
F/74 Wetland
100 Year Flood Plain
5 Foot Intermediate Contours
25 Foot Index Contours
m Source: Frederick County, W. GIS Department
Timothy W. Johnson Rez
Environmental Features
j
i
t
Jl
Feet
200 100 0 200 400
O
1-
0
2
rn
0)
z
w
m
m
m
0
0
0
c
rri
O O
Z 1
D A
0
8Z£
ZE
?r
den SiIOS
6u!uozeH uosuyor 'M i(y;oW f
WVO111IS )IOO1:1930Vd '4£ L.I
S3d01S 1N3013d L 0.1. Z 'WV011118131)N0 '9Z£
S3d01S 1N3013d 101 Z W V011118 A3SN93f19 '90Z
S3d019 1N3013d 101 Z'A)100l A13A `SWVO1 O1N3WIldOd )1011303214 '996 1
puabal
waupeded SI9'eA %Vino° Nppope,d :our
tiepuno8 lowed
slowed uosuyor •M /L low1 C
000'1. 009
956-C£
0 09Z 009
delN sean}ead oiao1s!H
6uluozaa uosuyor 'M Ayllouail
Qa- H017140 1.saa
yuewyedeQ 910 A' lu. ,ppepeu j :eai
Todea suosuaydais
Je sayou!M pa!yl
Je puooe
JaTsa ;sa L
splallel }e8 iBM Iln
s6upds episidseS '996
sveuapu
fuepuno8 waled
sleoaed uosuyor 'M
puebe
REZONING APPLICATION #01 -10
BUSY BEEZ DAYCARE
Staff Report for the Planning Commission
Prepared: October 18, 2010
Staff Contact: Candice E. Perkins, AICP, Senior Planner
Reviewed Action
Planning Commission: 11 /03/10 Pending
Board of Supervisors: 11 /10 /10 Pending
PROPOSAL: To revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to
rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the B3 District
with Rezoning #05 -01.
LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 11 /03/10 PLANNING
COMMISSION MEETING:
This is an application to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and
to rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the B3 District
with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child day -care facilities) only
on the 0.567 acre portion seeking the B2 Zoning; all other uses are consistent with the 2001 rezoning.
The land uses proposed in this application are consistent with the business designation of the Northeast
Land Use Plan (NELUP) and the application has addressed all of staff's concerns.
Following the required public hearing, a recommendation regarding this rezoning application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning #01 -10 Busy Beez Daycare
October 18, 2010
Page 2
This report is 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.
Planning Commission:
Board of Supervisors:
PROPOSAL: To revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and to
rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The total 1.89 acres was originally zoned with proffers to the B3 District
with Rezoning #05 -01.
LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11),
approximately 2,000 feet south of Interstate 81 Exit 323.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33 -A -92 and 33 -A -93
PROPERTY ZONING: B3 (Industrial Transition) District
PRESENT USE: Auto Repair Facility and Church
ADJOINING PROPERTY ZONING PRESENT USE:
North:
South:
East:
West:
Reviewed
11 /03/10
11/10/10
RA (Rural Areas) District
RA (Rural Areas) District
RA (Rural Areas) District
N/A
Use:
Use:
Use:
Use:
Action
Pending
Pending
Vacant
Residential
Residential
Interstate 81
Rezoning #01 -10 Busy Beez Daycare
October 18, 2010
Page 3
REVIEW EVALUATIONS:
Fire Marshal: Plan approval recommended.
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been
considered as the access to the property. VDOT is satisfied that the transportation proffers offered to
the Busy Beez Daycare rezoning application dated August 19, 2010 address transportation concerns
associated with this request. Before development, this office will require a complete set of construction
plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation
Manual. Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs,
including right -of -way dedications, traffic signalization, and off -site roadway improvements and
drainage. Any work performed on the State's right -of -way must be covered under a land use permit.
This permit is issued by this office and requires an inspection fee and surety bond coverage.
Public Works Department: L Refer to page 7 of the Impact Analysis under Site Drainage: Any
subsequent site plans should verify that the existing stormwater detention facility was constructed in
accordance with the approved plans for parcel 33 -A -92. In addition, the site plan design should confirm
that the existing detention facility will accommodate the proposed development of parcel 33 -A -93. 2.
Refer to page 8 of the Impact Analysis under Solid Waste Disposal: The current waste load at the
regional landfill has decreased to any average of 150,000 tons per year. 3. Refer to page 3 of the Proffer
Statement under paragraph C:1 Structural Development Limitation: Correct the parcel description to
33 -A -93.
Department of Inspections: No comment required at this time. Shall comment at the time of site
plan review.
Sanitation Authority: Water and sewer are available. There is sufficient water capacity and pressure
to serve this parcel. There is sufficient sewer capacity to serve this parcel.
Service Authority: No comments regarding request.
Winchester Regional Airport: The proposed rezoning should not impact operations at the Winchester
Regional Airport. However, because of the location of the property, the owners should be advised that
they could experience flyover noise from medevac operations in transit through that corridor.
Frederick County Attorney: Please see attached letter dated September 7, 2010, from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached letter dated September 2, 2010, Candice E. Perkins,
A1CP, Senior Planner.
Rezoning 401 -10 Busy Beez Daycare
October 18, 2010
Page 4
Planning Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Inwood Quadrangle) depicts the zoning of
the two parcels as A -2 (Agricultural General) District. The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989.
In 2001, the Board of Supervisors approved Rezoning #05 -01, which rezoned the two properties
(total of 1.89 acres) to the B3 (Industrial Transition District) with proffers. The rear property
(33 -A -92) contains an automotive repair facility and the front property (33 -A -93) contains a
structure currently being utilized as a church.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1J
Land Use.
The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The
Sewer and Water Service Area defines the general area in which more intensive forms of
planned commercial, and industrial development will occur. The properties are also within the
limits of the North East Land Use Plan. The plan shows this area with a business land use
designation. The applicant is requesting a rezoning to the B2 (Business General) and the B3
(Industrial Transition) Zoning Districts and, therefore, this requested zoning is in general
conformance with the Comprehensive Policy Plan.
Site Access.
The property will be served by the existing commercial entrance on Martinsburg Pike (U.S.
Route 11) and the applicant has proffered to dedicate ten foot of right -of -way along the frontage
of the site.
3) Proffer Statement Dated May 9, 2001 with latest revision October 1, 2010
A) Allowed Uses:
The following uses shall be permitted within the B3 District on tax map parcel 33 -A -92:
SIC 15, 16 17 Office and storage facilities for building construction contractors,
heavy construction contractors and special trade contractors.
SIC 48 Communication facilities and offices, including telephone, telegraph, radio,
television and other communications.
SIC 73 Business Services.
SIC 75 Automotive repair, service and parking.
Rezoning #01 -10 Busy Beez Daycare
October 18, 2010
Page 5
SIC 76 Miscellaneous repair services.
SIC 861 Business Associations.
Self service storage facilities.
Public Buildings.
Public utility distribution facilities.
The following uses shall be permitted within the B2 District on tax map parcel 33 -A -93:
SIC 48 Communication facilities and offices, including telephone, telegraph, radio,
television and other communications.
SIC 73 Business Services.
SIC 76 Miscellaneous repair services.
SIC 8351 Child day -care facilities.
SIC 861 Business Associations.
Self- service storage facilities.
Public Buildings.
Public utility distribution facilities.
Staff Note: The only change to the permitted uses is the addition of SIC 8351 for child day -care
facilities (only permitted on the parcel proposed to be rezoned to the B2 District), all other uses are
consistent with Rezoning #05 -01.
13) Access Management.
1. Tax map parcels 33 -A -92 and 33 -A -93 shall be served by the existing commercial
entrance on Martinsburg Pike (Route 11).
2. The applicant proffers to dedicate right -of -way along the Martinsburg Pike frontage
of parcel 33 -A -93 to accommodate the future widening of this corridor. This one-
time right -of -way dedication shall not exceed ten feet in width and shall occur
subsequent to the final Martinsburg Pike design plan approval. The Applicant shall
provide the required right -of -way dedication within 90 days of written request by
Frederick County and /or VDOT.
C) Structural Development Limitation:
Tax map parcel 33- ((A)) -93 shall be limited to a maximum structural area of 3,000
square feet for all land uses, exclusive of self service storage facilities, identified in
Section A(2) of the proffer statement.
D) Monetary Contribution to Offset Impact of Development.
The Applicant hereby proffers that in the event rezoning application #01 -10 is approved,
the undersigned will pay to the Treasurer of Frederick County, Virginia $0.10 per square
footage of structural area developed subsequent to approval of this rezoning application.
This monetary contribution is intended to offset impacts to fire and rescue services and
will be paid prior to issuance of an occupancy permit for the first land use constructed
on tax map parcel 33- ((A)) -93.
Rezoning #01 -10 Busy Betz Daycare
October 18, 2010
Page 6
STAFF CONCLUSIONS FOR THE 10/20/10 PLANNING COMMISSION MEETING:
"this is an application to revise the proffers for 1.324 acres of land zoned B3 (Industrial Transition) and
to rezone 0.567 acres of land from the B3 District to the B2 (Business General) District with revised
proffers, totaling 1.89 acres. The 1.89 acre property was originally rezoned in 2001 to the B3 District
with proffers. This rezoning seeks to allow for the addition of SIC 8351 (child day -care facilities) only
on the 0.567 acre portion seeking the B2 Zoning, all other uses are consistent with the 2001 rezoning.
The land uses proposed in this application are consistent with the business designation of the Northeast
Land Use Plan (NELUP) and the application has addressed all of staffs concerns.
Following the required public hearing, a recommendation regarding this rezoning. application to
the Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.