Loading...
HomeMy WebLinkAbout09-08 ApplicationNovember 17, 2008 Sincerely, CEP /bad Enclosure John Lewis Painter Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 RE: REZONING #09 -08, FREDERICK BLOCK Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of November 12, 2008. The above- referenced application was approved to rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District with proffers for residential and commercial use. The properties are located at 1086 and 1098 Martinsburg Pike (Route 11 North), in the Stonewall Magisterial District, and are identified with Property Identification Numbers 54A -1 -18, 54A -1 -19 and 54A- 1 -15B. The proffer originally dated August 13, 2008, and last revised on November 6, 2008, that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Candice E. Perkins, AICP Senior Planner Department of Planning and Development 540/665 -5651 FAX: 540/ 665 -6395 cc: Slaughter Properties, LLC, 1040 Martinsburg Pike, Winchester, VA 22602 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 TY of FREDERICK Planning Commission: Board of Supervisors: REZONING APPLICATION #09 -08 FREDERICK BLOCK Staff Report for the Board of Supervisors Prepared: November 6, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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. Reviewed 11/05/08 11/12/08 PROPOSAL: To rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District with proffers to accommodate materials storage associated with Frederick Block and revise the proffers associated with parcel 54A -1 -15B to remove a proffered buffer. LOCATION: The property is located at 1086 and 1098 Martinsburg Pike (Route 11 North). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54A -1 -18, 54A -1 -19 and 54A -1 -15B PROPERTY ZONING: RP (Residential Performance) and B3 (Industrial Transition) PRESENT USE: Residential and Commercial ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) and B2 (Business General) South: Zoned B2 (Business General) District and B3 (Industrial Transition) District East: Zoned M1 (Industrial Light) District and B3 (Industrial Transition) District West: Zoned B2 (Business General) District Action Recommended Approval Pending Use: Use: Use: Use: PROPOSED USES: Materials Storage associated with Frederick Block. Residential Commercial Commercial Frederick Block Industrial Industrial Office /Commercial Rezoning #09 -08 Frederick Block November 6, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department 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 has no objection to this rezoning since there are no impacts to VDOT facilities. 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. *Staff Note: VDOT did not provide comments on the potential to have a commercial entrance on Martinsburg Pike for parcels 54A -1 -18 and 54A -1 -19. VDOT understood the proffer to state that the shard residential entrance would be removed once the residential uses were eliminated and that no further entrances would be constructed. It has been brought to our attention that a commercial entrance was not prohibited by proffer with this application. Fire Marshall: Plan approval recommended. Public Works: Refer to the Site Suitability narrative and conceptual development plan: It appears that the proposed development will include the use of only a portion of lot 54A -1 -18 for storage. The narrative included under site suitability should be expanded to indicate the future disposition of the single family dwellings located on lots 18 and 19. This discussion should also include abandoning existing wells and septic systems, if applicable. Refer to F. Drainage on page 5: State requirements shall be employed for nutrient removal. Any permitting associated with nutrient removal shall be processed through the Department of Conservation and Recreation. Sanitation Authority: Sewer and water are available to this site and there is adequate sewer and water capacity available. Service Authority: No comments. Health Department: Public water and sewer are to be provided per the submittal from Painter Lewis. Parks Recreation: No comment Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Winchester Regional Airport: It is determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Rezoning #09 -08 Frederick Block November 6, 2008 Page 3 Frederick County Public Schools: We offer no comments on this application. Frederick County Attorney: Please see attached Memorandum dated November 3, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated September 19, 2008from Candice E. Perkins, Senior Planner. Planning Zoning: 1) Site History The original Frederick County (U.S.G.S. Winchester Quadrangle) zoning maps depict parcels 54A -1 -18 and 54A -1 -19 as zoned R -1. The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. For parcel 54A-1-15A, the original Frederick County (U. S.G.S. Winchester Quadrangle) zoning maps depict the site as zoned R -1. In1980, parcel 54A -1 -15B was changed fromRl to B2. In 2003, the County considered rezoning application #01 -03, a request to rezone the subject property (and multiple other properties) from the B2 (Business General), to the B2 (Business General) and B3 (Industrial Transition) Districts. In 2005, the County approved rezoning #06- 05 for a proffer revision for this property. 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 -1] 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 Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial and industrial land use designation. The applicant is requesting a rezoning to the B3 (Industrial Transition) Zoning District and, therefore, this requested zoning is in general conformance with the Comprehensive Policy Plan. Site Access The existing Frederick Block site is accessed via two entrances on Martinsburg Pike (Route 11) which is classified as a minor arterial road. Parcels 54A -1 -18 and 54A -1 -19 are currently utilized for residential purposes and are accessed via one shared driveway off of Martinsburg Pike. With this rezoning the applicant has proffered that only the existing residential structures Rezoning #09 -08 Frederick Block November 6, 2008 Page 4 will be permitted to utilize the existing shared entrance on Martinsburg Pike. *Staff Note: The proffer regarding the use of the residential entrance does not preclude the site from having a commercial entrance for parcels 54A -1 -18 and 54A -1 -19. Proffer 5 only restricts commercial operations from using the existing residential driveway. If the residential uses are removed the applicant would still have the ability to construct a commercial entrance subject to approval by the County and VDOT. *Staff Note: Martinsburg Pike is classified as a minor arterial road and the Comprehensive Policy Plan states that "direct access from land uses to arterial roads should be appropriately limited. Access to these roads from private driveways should be discouraged [Comprehensive Policy Plan, p. 7 -201] 3) Deputy Director of Transportation Comment: Regarding proffer 5, the potential for an additional entrance proposed on Route 11 is inappropriate for a number of reasons: The proposed use of storage does not justify an additional entrance for a business that already has two entrances on Route 11. The proposed entrance does not meet VDOT's draft access management standards. These standards recognized the safety and traffic flow impacts of adding additional entrances, and though they are not yet part of state code, Frederick County should be cognizant of them. This portion of Route 11 already has significant number of entrances, making the addition of another one even less desirable. The goal in this area is reducing and not increasing the number of commercial entrance points. 4) Site Suitabilitv/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other environmental features have been identified. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Frederick Poplimento Loams soil association (14B). These soil types are gently to strongly sloping, well- drained, and deep. 4) Proffer Statement Dated September 22, 2008; Revised October 10, 2008, October 14, 2008 and November 6, 2008: 1. Generalized Development Plan o The use and development of the property shall be in conformance with the Generalized Development Plan. 2. Parcel Usage The use of parcels 54A -1 -18 and 54A -1 -19 is limited to the storage of materials (SIC 5211) associated with the operations of Frederick Block. Any changes in use will require a new rezoning that addresses all impacts. Rezoning #09 -08 Frederick Block November 6, 2008 Page 5 3. Lot Consolidation A boundary line adjustment will be submitted within 90 days of approval for parcel 54A -1 -19 to combine the area to be used for outdoor storage into parcel 54A- 1 -15B. 4. Zoning Buffers a The existing residential buffers shall remain on the property until the site will be used for the storage of materials. Once structures are no longer utilized for residential purposes, all outdoor screening elements and buffers will be constructed. The existing vegetation or a single row of evergreen trees will be installed along the adjacent B3 property and M1 /railroad property to provide screening for the storage area. The 50 foot buffer located on parcel 54A -1 -15B will be eliminated. Existing vegetation along Martinsburg Pike shall be preserved or the existing buffer along Martinsburg Pike will be continued as shown on the GDP. 5. Entrance The applicant has proffered that while the existing dwellings on parcels 54A -1- 18 and 54A -1 -19 are retained, they will utilize the existing shared driveway and this driveway will not be used for commercial operations. *Staff Note: Proffer 5 does not preclude the site frotn having a commercial entrancefor parcels 54A -I -18 and 54A -1 -19, this proffer only restricts commercial operations from using the existing residential driveway. If the residential uses are removed the applicant would still have the ability to construct a commercial entrance subject to approval by the County and VDOT. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/05/08 MEETING: The applicant stated the existing driveway serves both residences and is a legal non conforming, asphalt driveway; the applicant acknowledged this driveway cannot be used for commercial purposes. The applicant did not want to proffer out the possibility of placing a commercial entrance at this location in the event there is a future opportunity for Frederick Block to have an additional entrance; they wanted to avoid an additional rezoning because it was cost prohibitive. The applicant understood if they wanted to pursue a commercial entrance here, they would need to go through the permitting process and acquire approvals from the County and VDOT, and would probably need to construct additional lanes. There were no public comments. Some members of the Commission expressed concern about the possibility of an additional commercial entrance at this location on Route 11 without an analysis of the impacts by the County and VDOT. They suggested a TIA be conducted, especially because of efforts to restrict the number of entrances along Route 11. Commission members commented that since this is a storage yard, there would be tractor trailer traffic making left turns coming South on Route 11. In addition, mitigation is only Rezoning #09 -08 Frederick Block November 6, 2008 Page 6 required during the rezoning process. The VDOT representative stated he reviewed the plan with the assumption the two residences would remain and additional storage would be towards the rear of the property; VDOT did not review the project with any assumptions a commercial entrance would be placed at this location. He said if the applicant decided to pursue a commercial entrance, details would have to be submitted to VDOT for analysis and the entrance would need to meet VDOT's Access Management Guidelines for Arterials. Other Commission members were satisfied the County would be protected from an impact perspective, given the applicant's proffer which restricts uses solely to additional storage and the additional reviews required by the County and VDOT, particularly with the more stringent Access Management Guidelines. A motion was made and seconded to table the rezoning for 45 days with the expectation the applicant, the County, and VDOT conduct a review of potential impacts of an additional entrance, including the possibility of additional turn lanes and other issues. This motion was defeated by the following vote: YES (TO TABLE): Oates, Wilmot, Thomas, Kriz NO: Unger. Watt, Manuel, Ours, Mohn A new motion was made and seconded to approve the rezoning with proffers. This motion passed by the following majority vote: YES (REC. APPROVAL): Unger, Watt, Manuel, Wilmot, Ours, Mohn NO: Oates, Thomas, Kriz (Note: Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting.) STAFF CONCLUSIONS FOR 11/12/08 BOARD OF SUPERVISORS MEETING: This is an application to rezone two parcels totaling 1.80 acres from the RP (Residential Performance) District to the B2 District with proffers to accommodate material storage associated with the existing Frederick Block use and to revise the proffers associated with parcel 54A -1 -15B to modify the previously proffered buffer. The land use proposed in this rezoning is consistent with the Eastern Frederick County Long Range land Use Plan. While working with the applicant it was understood that the site would be utilized for only outdoor storage and would be accessed through the existing storage lot on parcel 54A- 1 -15B. Also, due to the low impact use and understanding that there would be no further impact on Route 11 on this use a Transportation Impact Analysis was not required for this request. However upon review by the County Attorney proffer 5 does not restrict entrances on Martinsburg Pike. With this application the applicant should consider eliminating the potential entrance on Martinsburg Pike for parcels 54A -1 -18 and 54A- 1-19. Rezoning #09 -08 Frederick Block November 6, 2008 Page 7 Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. The applicant should be prepared to address these issues. 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. 43 A 28A .LIAMS STEPHEN P 0 54 A 16 STONEWALL II LLC 125 250 500 Feet Frederick Block Rezoning REZ 09 08 PIN: 54A -1- 18,54A- 1- 19,54A -1 -15B 9 REZOBOB_EreelericASSock Zoning M2 (Industrial, General District) Buildings BI (Business, Neighborhood District) MHI (Mobile Home Community District) O Urban Development Area e _'.i' B2 (Business, General Distst) MS (Medical Support District) SWSA B3 (Business. Industrial Transition District) 4111 R4 (Residential Planned Community District) EM (Extractive Manufacturing DiOtncl) R5 (Residential Recreational Community District) HE (Higher Education District) RA (Rural Arca District) MI (Industrial, Light District) RP (Residential Performance District) Streets Topography (5' interval) Map Document: (F1_1_Locator_Mps) 2008\ FrederickBlock _REZ0908_109E08.mxr1l 101)612006 9.39:43 AM .y Case Hann To be completed by Planning Staff Fee Amount Paid Sa 80 oning Amendment Number Date Received 10 bt ?C Bearing Date ll/5 fOcf BOS Hearing Date j12 The following infnrmcition shall be.provided by the applicant: All parcel identification,numbers, deedbookand page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Siousntej _P-fJl L��, 'Q Telephone: U7 (r L Address: e o Box. tog to LAIffichesittr, VA 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Porn }er Lewis PLC 2 Name: Y john I e wi s 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 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 10 Telephone: Telephone: 5'40- (Dleo 2- Ss7q a 5. 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: ou_ehfrr fraper bes, 1. I C 6. A) Current Use of the Property: p, P A e ad— A B) Proposed Use of the Property: F53 42. 1 1 7. Adjoining Property: PARCEL ID NUMBER USE ZONING S4 -A- 8.2 Commercial 83 54A 1 40 residential RP 54A i ai res cknhal RP 59A vacan "t 13,2 54A �a- vU Can t l3 5 -I 3 Yesdentual 2 t7A l -4 re% dent I RP st/A -5 resrdenna.r RP 91A- to tie. weien Ka) 9f- A-3l0/ 'Indvs/tia/ M1 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection using road names and route numbers): 10 and 109f /22 &J tllishory dike, /cook North 11 9. The following information should be provided according to the type of rezoning proposed Single Family homes: Non-Residential Lots: 10. Signature: A ppl icant(s): Owner(s): Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail Manufacturing: Restaurant: Warehouse: Other: US Acres Zutict urn l .4- ev -tetS 1) is V6/ z5'vrcc, i a 1 (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 best of my (our) knowledge. 12 Multi Family: Hotel Rooms: Date: /o /e /o Date: Date: /I0/0F Date: 1 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -665 -6395 Know All Men By These Presents: That I (We) (Name) S (QUghttr 1 L, L. C (Phone) 5qg -(D co l D bl (Address) ea. Sot bqb, Winches -I-er, VA Cato0L1 the owner(s) of all those tracts or parcels of land "Property conveyed to the (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Cer y-12 Instrument No. Z- on Page and is described as 18 1 5iV Parcel: Lot: lC1 Block: Section: 51+, Subdivision: do hereby make, constitute and appoint: (Name) ell neer 1.Z.4Ui5 PL-C• -Mr. ioht. Lcwts (Phone) -i -Tri (Address)8 r l C k Sui *e I a0 i L s-er A as 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 applications for my (our) above described Property „inciiiding 0 Rezoning (Including proffers) G Conditional Use Permits V -1 O Master Development Plan (Preliminary and Final) Signature(s) 2: a W c; tr z of a'J y v`' -1 My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments ,previously o This authorization shall expire one year from the day it is signed, or until it is approved proffered conditions except as follows: thewise rescinded or m In witness thereof (we) have I reto set my (our) hand and seal this J day of Q 200S State of Virginia, Cit County of VVnChtS} ter To -wit: 1, 111 I 5 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 10 day of (`t+ 200_S G Subdivision G Site Plan My Commission Expires: A 0 /31 /1 030015293 �tA 'd M1 Sp D 1 Profs a q FORT COLLIE ND PN oJ�sw 3 i ll 4 t DU +o LUE; I VICINITY MAP ti 1 2000' SCALE APPROVAL J SUBDIVISION ADMINISTRATOR gild t'- �'LTN` 't' DATE 0 7/0 q'73 OWNERS' CONSENT THE ABOVE AND FOREGOING LOT CONSOLIDATION OF THE LAND OF SLAUGHTER PROPERTIES, LLC., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE W1TH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES IF ANY. ON BEHALF OF g J SLAUGHTER PROPERTIES, LLC. g DATE 7 /54) .s cud,.. NOTARY CERTIFICATE CI73�Cbmtp1TY lf .s, FR f 0 UC 1 I e 3 FOREG0INp- 111STRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY _THE, gCBtVicW iF' S UGHTER P OPERTIES, L.C. oC (Be 8 a e tit t' MY COMMISSION EXPIRES hit l"r P�1t�J' SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS LOT CONSOIJDATION 15 THE LAND DESIGNATED AS PARCELS ONE THROUGH FIVE WHICH WERE CONVEYED TO SLAUGHTER PROPERTIES, LL.C., BY DEED DATED MAY 8, 2003, RECORDED AS INSTRUMENT 030012270, SAID DEED IS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA. CONSOLIDATION PLAT OF 771E IA/VD OF SLAUGHTER PROPERTIES, L.L.C. 1040 MART /NSBURG PIKE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, I4RGIN61 TH of �t.. o Blas G Ig 197 NO. 00 9 `�C 2 3Aj 4 sua1 DATE' 06/23/03 COVER SHEET SHEET 1 OF 2 (ice, Marsh Legge Land Surveyors,_P.L.C. DRAWN BY: C.GREENSPAN 22601 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA PHONE (540) 667 -0458. FAX (540) 667 -0469 BIM oftke*no'ehandegge.eom DWG NAME: 1023¢2 -CP 030015293 /Pr cT rn W 0. U n it r h 2 z et ta I t Q m z N..) Q C `1 L.4 m N 0) 1 IT MILDRED L. KILL,NGHAM 0 cccppp P/N 54A -1 -19 4. OB 5 J E PG 211 wi In ZONE RP m USE' RES/DENTIAC CJ7 S 537530" 406.29' Pi __rte 5 ORIGINAL PIN 54A-1-17 07297 7297 ACRES ORIGINAL cell P/N 54A -1 -16 ppp 1.28)8 ACRES ____PRQ�ERTYLINES 4 HfER.BBIY'�- VPAAL'AILO (TYPICAL) P/N 54 4 —f -158 4.6468 ACRES I 1 fm) I v ti ry JJJIIII 3 0 v I^ co ORIGINAL P/N 54A -150 0.7676 ACRES cob:* Q m e I u k� �Q O f i 54A NAL P/N 54A -158 07744 ACRES r W O 1 RF} N 50'48'45 JOHN D. CLOVER 50 LOl EXISTING c o Al SAN /TARP SEWER OR /C /NAL EASEMENT (DB 696 PC 70 /.0 54A-1-15C 08 696 PC 732 10914 ACRES ry Iiv 1 1 I� W 270.00' SONS,'IND 1 SANITARY EASEMENT LINE TABLE 05 440 PC B3 AC 8j OB ZONED' M2 SSE CEIVVERCIAL NOTES: I NO TITLE REPORT FURNISHED. LINE BEARING DISTANCE Li N 53'44'33" W 14.89' L2 ii 5270.44" W 146. L3 N 63'24'50" W 163.05' L4 'N •2T32'48" E 101.66' 2.) EASEMENTS OTHER THAN SHOWN MAY EXIST. 3.) NO BUILDING RESTRICTION LINE NOTED OR SHOWN ON PLAT. 4.) BOUNDARY INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON JANUARY 30, 200 I 5.) DISTANCE SHOWING TIES FOR SANITARY EASEMENT ARE TO THE CENTERLINE CONSOLIDATION PLAT OF PIE LAND OF SLAUGHTER PROPERTIES, L.L.C. 1040 MARTINSBURG PIKE STONEWALL MAGISTERIAL DIS7R /CT FREDERICK COUNTY, VlRG/NLA TN op ire 4_ o T s is 9 o. 01 7 6 L5 1 4N 04 D 8U&1tti DATE 0 6 2 3 0 3 I S C A L E e 1 100' SHEET 2 OF 2 P.L.C. Marsh Legge Land Surveyors, DRAWN BY: C.GRE£NSPAN 1 1 STREET WINCHESTER, VIRGINIA 22601 560 NORTH LOUDOUN r. PHONE (540) 667 -0468 FAX (540) 867 -0469 EMAIL offlce*narshcndlegge.com DWG NAME: /D2342 CP Ato VINIOZIIA `ALNl00 >IOId3032I3 S3ITh3d02Id >10018 >101213a32JJ M3IA WNW woo•s!malaai.u!od ©aoq}o lioua] £6L5 Z99(O -5) allua soot Z6LS Z99(O b5) auoydalaO LO9ZZ o!ui6Jin `JaTsayouIM OZ L alinS 'apDJO >1a JDPaO L 1.2 3'1'd t1/1/131 SJ9]NION] ONIL1f1SNOO 0 Z o m0 O Q r CO a I VINIO JIA "00 X101X1303Nd dVIN 'dOJd 1VOINOISIH ONINOZ3e1 >10018 NOI2I303&I :I3 Ovid W W 0 O W W O O O J w O O 2 W H�Z��op ZIY ZOO H 0 D000 wu cncn CD N- 1 1 1 1 1 I"- N0 Nt NNN ro Ln Ln W 0 J or J W m J N Lf) W O 0 Z W W Z (J) 0 D W DW* (n 00 (f) 0U) (W Z J 6 m p p 0= o 0 J Q� 1 O H C EL DL Et CC p d UJ o, p Ld U Q¢ 03 0 Q Q W O U J U co 2 D 1 1 1 1 1 1 1 1 1 1 10 CO N N 10 LC) /f "inter AV 747 46 '•41,P 1■ A N i0CDN r7 NNNNNIO If) LO I.() 10 Ln woo•s!mapa}u!odpao!.jo I!nw3 £6LQ Z99(0 91!w!soo3 Z6L5 Z99(0 auoL{dalal 031 a4!nS 'apDJO >!aaJD JoP■o "37d `SIM211:I2,lI Z 0 U U W 0 W cr LL L_ m O Li a O m 0 0 'J E Z Z p a> I—. v) 1 Q U w E Z C2 Z Z (n J Z Z r! I- ILI 0 2 CL F- 10933 o!u!5JIA `Ja}saL{ou! k 0 4%. 4 i 4te s, 1 I% +.46 i1j1 +A► 5e33NION3 ONIl1f1SN00 Ll8 I ■IIVd m If U z ce Z 00 z m 0 0 0 w 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: REZONING APPLICATION #09 -08 FREDERICK BLOCK Staff Report for the Planning Commission Prepared: October 17, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed 11/05/08 11/12/08 Action Pending Pending PROPOSAL: To rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District with proffers to accommodate materials storage associated with Frederick Block and revise the proffers associated with parcel 54A-1-15B to remove a proffered buffer. LOCATION: The property is located at 1086 and 1098 Martinsburg Pike (Route 11 North). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54A -1 -18, 54A -1 -19 and 54A -1 -15B PROPERTY ZONING: RP (Residential Performance) and B3 (Industrial Transition) PRESENT USE: Residential and Commercial ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) and B2 (Business General) South: Zoned B2 (Business General) District and B3 (Industrial Transition) District East: Zoned Ml (Industrial Light) District and B3 (Industrial Transition) District West: Zoned B2 (Business General) District Use: Use: Use: Use: PROPOSED USES: Materials Storage associated with Frederick Block. Residential Commercial Commercial Frederick Block Industrial Industrial Office /Commercial Rezoning #09 -08 Frederick Block October 17, 2008 Page 2 REVIEW EVALUATIONS: Fire Marshall: Plan approval recommended. Virginia Department 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 has no objection to this rezoning since there are no impacts to VDOT facilities. 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: Refer to the Site Suitability narrative and conceptual development plan: It appears that the proposed development will include the use of only a portion of lot 54A -1 -18 for storage. The narrative included under site suitability should be expanded to indicate the future disposition of the single family dwellings located on lots 18 and 19. This discussion should also include abandoning existing wells and septic systems, if applicable. Refer to F. Drainage on page 5: State requirements shall be employed for nutrient removal. Any permitting associated with nutrient removal shall be processed through the Department of Conservation and Recreation. Sanitation Authority: Sewer and water are available to this site and there is adequate sewer and water capacity available. Service Authority: No comments. Health Department: Public water and sewer are to be provided per the submittal from Painter Lewis. Parks Recreation: No comment Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the DRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Winchester Regional Airport: It is determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Frederick County Public Schools: We offer no comments on this application. Frederick County Attorney: Please see attached Memorandum dated October 7, 2008from Roderick B. Williams, County Attorney. Rezoning #09 -08 Frederick Block October 17, 2008 Page 3 Planning Department: Please see attached letter dated September 19, 20081rom Candice E. Perkins, Senior Planner. Planning Zoning: 1) Site History The original Frederick County (U.S.G.S. Winchester Quadrangle) zoning maps depict parcels 54A -1 -18 and 54A -1 -19 as zoned R -1. The zoning changed to RP (Residential General) District on September 28, 1983 when the Rl, R2, R3, and R6 zoning districts were reclassified. For parcel 54A- 1 -15A, the original Frederick County U.S.G.S. Winchester Quadrangle) zoning maps depict the site as zoned R -1. In1980, parcel 54A -1 -15B was changed fromRl to B2. In 2003, the County considered rezoning application #01 -03, a request to rezone the subject property (and multiple other properties) from the B2 (Business General), to the B2 (Business General) and B3 (Industrial Transition) Districts. In 2005, the County approved rezoning #06- 05 for a proffer revision for this property. 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 -1] 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 within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial and industrial land use designation. The applicant is requesting a rezoning to the B3 (Industrial Transition) Zoning District and, therefore, this request is in general conformance with the Comprehensive Policy Plan. Site Access The existing Frederick Block site is accessed via two entrances on Martinsburg Pike (Route 11). Parcels 54A -1 -18 and 54A -1 -19 are currently utilized for residential purposes and are accessed via one shared driveway off of Martinsburg Pike. With this rezoning the applicant has proffered that only the existing residential structures will be permitted to utilize the existing entrance on Martinsburg Pike. In the event that these structures are removed and the two parcels are utilized for storage of materials, the site will be accessed via the existing Frederick Block entrance on Martinsburg located on parcel 54A- 1 -15B. Rezoning #09 -08 Frederick Block October 17, 2008 Page 4 3) Site Suitability /Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other environmental features have been identified. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Frederick Poplimento Loams soil association (14B). These soil types are gently to strongly sloping, well- drained, and deep. 4) Proffer Statement Dated September 22, 2008; Revised October 10, 2008 and October 14, 2008 1. Generalized Development Plan The use and development of the property shall be in conformance with the Generalized Development Plan. Parcel Usage The use of parcels 54A -1 -18 and 54A -1 -19 is limited to the storage of materials (SIC 5211) associated with the operations of Frederick Block. Any changes in use will require a new rezoning that addresses all impacts. 3. Lot Consolidation A boundary line adjustment will be submitted within 90 days of approval for parcel 54A -1 -19 to combine the area to be used for outdoor storage into parcel 54A- 1 -15B. 4. Zoning Buffers The existing residential buffers shall remain on the property until the site will be used for the storage of materials. Once structures are no longer utilized for residential purposes, all outdoor screening elements and buffers will be constructed. The existing vegetation or a single row of evergreen trees will be installed along the adjacent 133 property and M1 /railroad property to provide screening for the storage area. The 50 foot buffer located on parcel 54A -1 -15B will be eliminated. Existing vegetation along Martinsburg Pike shall be preserved or the existing buffer along Martinsburg Pike will be continued as shown on the GDP. 5. Entrance The applicant has proffered that while the existing dwellings on parcels 54A -1- 18 and 54A -1 -19 are retained, they will utilize the existing shared driveway and this driveway will not be used for commercial operations. Rezoning #09 -08 Frederick Block October 17, 2008 Page 5 STAFF CONCLUSIONS FOR 11/05/08 PLANNING COMMISSION MEETING: This is an application to rezone two parcels totaling 1.80 acres from the RP (Residential Performance) District to the B2 District with proffers to accommodate material storage associated with the existing Frederick Block use and to revise the proffers associated with parcel 54A -1 -15B to modify the previously proffered buffer. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission.