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HomeMy WebLinkAbout02-17 BOS Staff ReportREZONING APPLICATION #02-17 EXPRESS OIL CHANGE & TIRE ENGINEERS Staff Report for the Board of Supervisors Prepared: February 24, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 02/15/17 Recommended Approval Board of Supervisors: 03/08/17 Pending PROPOSAL: To rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. LOCATION: The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000’ south of the Interstate 81 Exit 313. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/08/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 0.604+/- acres of land from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff would note that this proposed use has not been proffered; the Applicant has excluded a number uses in the proffer statement (such as landscape services, warehousing, utility facilities, and trailer parking). This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent IHOP Restaurant. An interparcel- connection with the IHOP Restaurant is also proffered that would allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their February 15, 2017 meeting. 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 #02-17 Express Oil Change & Tire Engineers February 24, 2017 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. Reviewed Action Planning Commission: 02/15/17 Recommended Approval Board of Supervisors: 03/08/17 Pending PROPOSAL: To rezone 0.604+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. LOCATION: The site is located on the west side of Front Royal Pike (Route 522 South) and immediately south of the IHOP Restaurant approximately 1,000’ south of the Interstate 81 Exit 313. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-1F PROPERTY ZONING: B2 (General Business) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District Use: Commercial South: B2 (General Business) District Use: Commercial East: B2 (General Business) District Use: Commercial West: B2 (General Business) District Use: Commercial Rezoning #02-17 Express Oil Change & Tire Engineers February 24, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation/access management proffers offered in the Express Oil Change & Tire Engineers rezoning application dated September 9, 2016 addresses transportation concerns associated with the request. It should be noted that to ensure the right in/right out, the entrance design will require a median device be constructed to prevent a left turn in/out of the proposed entrance. Before development this office will require a complete set of construction plans detailing designs, drainage features and traffic flow data for review. Frederick County Fire Marshall: Plan approved. Frederick County Sanitation Authority: No comment. Frederick County Department of Public Works: Please see letter from Harvey E. Strawsnyder, Jr., P.E., Director dated October 5, 2016. Frederick County Attorney: Please see letter from Roderick B. Williams, County Attorney dated October 11, 2016. Winchester Regional Airport: Due to FAA Federal regulation owner/developer will be required to file with the FAA for an airspace study as part of the site plan process for all buildings prior to construction with a separate filing for temporary construction equipment exceeding height of structure. Rezoning is compatible with airport operations. City of Winchester: The City of Winchester can readily provide water and sanitary sewer service to this parcel and has no concerns about the proposed rezoning and development. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester City Quadrangle) identifies this property as being zoned B2 (General Business) District. 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's Rezoning #02-17 Express Oil Change & Tire Engineers February 24, 2017 Page 4 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. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent with the current zoning and the requested zoning of the subject property. Transportation and Site Access Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent IHOP Restaurant. An interparcel-connection with the IHOP Restaurant is also planned that will allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. 3) Proffer Statement – Dated September 9, 2016 A. Land Use Restrictions – The Owner has prohibited the following uses:  Landscape and Horticultural Service  Local and Suburban Transit Services  Motor Freight Transportation and Warehousing  Transportation by Air  Utility Facilities and their Accessory Uses  Drive In Motion Picture Theaters  Tractor Truck and Trailer Parking B. Access Management: 1. The Owner has proffered to limit new commercial entrance access to the property to a right in/right-out only partial access. 2. The Owner proffers to construct interparcel connectivity between the property and parcel 64-A-2 (IHOP) to facilitate access to the Front Royal Pike (Route 522)/Travel Lodge Drive signalized entrance. C. Monetary Contribution to Offset Impact of Development: 1. The Applicant has proffered $0.10 per developed square foot for County Fire and Rescue services; payable at occupancy permit. Rezoning #02-17 Express Oil Change & Tire Engineers February 24, 2017 Page 5 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/15/17 MEETING: Staff reported this is an application to rezone 0.604 acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. Staff noted the Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff provided an overview of the site and the proposed proffers. A Commission Member asked in regards to the proffer to exclude certain uses such as landscaping or transit services and whether it was requested by staff or provided by the Applicant. Staff noted the excluded uses were proposed by the Applicant. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant introduced the contract purchasers from Alabama: From Express Oil Change, John Davis; The contract purchasers, Charles Thompson and Kim Johnson. Mr. Wyatt reported Express Oil Change reflects a business model of the 10 minute oil change; they also conduct light auto service such as tires, alignments, and tune-ups. Mr. Wyatt noted this project will be the first Express Oil Change in the valley along I-81, the fifth one in the state of Virginia and he is pleased the group has considered our community as a first stop on the I-81 corridor. Mr. Wyatt elaborated on the proffer of inter-parcel connectivity; the Applicant has an agreement with IHOP and the property owners which is circulating for all required signatures that will facilitate access to Front Royal Pike via the signalized entrance that is existing. A Commission Member inquired about where the service operations will take place indoors or outdoors. Mr. Wyatt confirmed that all service and repair operations would occur inside the structure. A Commission Member inquired if there will be a traffic barrier in front of this location similar to the one in front of Costco. Mr. Wyatt confirmed there will be a barrier which will be designed and meet the requirements and approval of VDOT. A Commission Member asked for confirmation if there will be three oil change bays and two service bays; in the proffers it reads three oil bays and three service bays and will the structure be the same square footage. Mr. Wyatt noted the building footprint had to be reduced therefore resulting in five total bays rather than six. A motion was made, seconded, and unanimously passed to recommend approval of REZ #02-17 for Express Oil Change & Tire Engineers. Absent: Commissioner Mohn, Commissioner Dunlap EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/08/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 0.604+/- acres of land from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The Applicant is seeking to rezone the site to the B3 District to enable the construction of an express oil and tire facility. Staff would note that this proposed use has not been proffered; the Applicant has excluded a number uses in the proffer statement (such as landscape services, warehousing, utility facilities, trailer parking). This property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Senseny/Eastern Frederick Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with a commercial land use designation which is consistent Rezoning #02-17 Express Oil Change & Tire Engineers February 24, 2017 Page 6 with the current zoning and the requested zoning of the subject property. Access to the property is proposed via a new right-in/right-out entrance onto Front Royal Pike (Route 522); this proposed new entrance will be shared with the adjacent IHOP Restaurant. An inter-parcel connection with the IHOP Restaurant is also proffered that would allow vehicles to access the existing traffic signal located at Front Royal Pike (Route 522)/Travel Lodge Drive. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their February 15, 2017 meeting. 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.