HomeMy WebLinkAbout01-23 PC Staff Report REZONING APPLICATION #01-23
CREDIT CAR NATION (1467, LLC)
Staff Report for the Planning Commission
Prepared: January 31, 2023
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 02/15/23 Pending
Board of Supervisors: 03/08/23 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/23 PLANNING
COMMISSION MEETING:
This is an application to rezone +/- 1.345-acres from RA (Rural Areas) District to B2 (General Business)
District on a property totaling +/- 3.96-acres with proffers to allow for the expansion of an automotive
dealership in the Shawnee Magisterial District. The proposed rezoning does not include the “mix of uses”
envisioned by the Urban Center designation in the Comprehensive Plan. However, it may otherwise be
appropriate as an expansion to an existing business.
Following a public hearing, a recommendation from the Planning Commission 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.
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Rezoning #01-23 Credit Car Nation (1467 LLC)
January 31, 2023
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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.
PROPOSAL: To rezone +/-1.345-acres from RA (Rural Areas) District to B2 (General Business) District
with proffers.
LOCATION: The +/- 3.96-acre subject property is located at 1465, 1467 & 1481 Front Royal Pike (Route
522), Winchester.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 76-A-4
PROPERTY ZONING: B2 (General Business) & RA (Rural Areas) District
PRESENT USE: Automotive dealership and vacant residential (single-family detached house)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Church
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Agricultural/Vacant
West: RA (Rural Areas) Use: Agricultural/Vacant
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REVIEW EVALUATIONS:
Planning & Zoning:
1) Comprehensive Plan
The Comprehensive Plan is the guide for the future growth of Frederick County.
The Comprehensive 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; the Plan is a composition of
policies used to plan for the future physical development of Frederick County. The Area Plans
and Appendix I of the Comprehensive Plan are the primary implementation tools and will be
instrumental to the future planning efforts of the County.
Land Use Compatibility
The Comprehensive Plan and the Senseny/Eastern Frederick Area Plan (SEFLUP) provide
guidance on the future development of the property. The Plan identifies the subject property
with a “urban-center” land use designation. The “Paper Mill Road Urban Center/Neighborhood
Village” provides an opportunity to introduce a mix of uses into a largely undeveloped area in
a way that builds the identity and enhances the economic performance of these communities.
The property is also partially within the limits of the Sewer and Water Service Area (SWSA).
The limits of the proposed area to-be-rezoned is outside of the SWSA. Staff notes the
application does not propose use of public utilities and will instead utilize the existing well and
on-site septic system.
The Comprehensive Plan designation of “urban center” is consistent with the existing and
proposed B2 zoning of the site. Staff notes the proposed rezoning does not include the “mix of
uses” envisioned by the Urban Center designation in the Comprehensive Plan. However, it may
otherwise be appropriate as an expansion to an existing business (automotive dealership).
3) Access & Transportation
The site will continue to be accessed from an existing commercial entrance from Route 522. No
new trips are anticipated; the owner intends to relocate its existing office/finance department
from the main dealership structure into the single-family detached house (change of use). The
Eastern Road Plan of the Comprehensive Plan identifies a future shared use “trail” along the
property frontage with Front Royal Pike. A shared use path has been proposed in the proffer
statement (Proffer #1(b)).
4) Potential Impacts & Proffers
The proffer statement dated December 15, 2022, restricts the use of the +/- 1.345-acre property,
presently zoned RA, to “automotive dealer” and “general business office” consistent with the
existing business on the remainder of the property (Proffer #3). Other impacts to the County’s
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capital facilities, such as Fire and Rescue services, have also been mitigated (Proffer #2). The
applicant has also proffered a “full screen buffer” along property boundaries where the
adjoining property use is residential (Proffer # 4).
Other Review Agency Comments:
1) Virginia Dept. of Transportation: Please see attached letter from VDOT dated December 6,
2022, addressed from Bradley S. Riggleman, P.E.
2) Winchester and Frederick Health Department: Please see the attached letter from Jim
Davis, Environmental Health Manager dated November 14, 2022
3) Frederick Water: Please see attached letter from Eric Lawrence, Executive Director, dated
November 14, 2022.
4) Frederick County Public Works: Please see attached letter from Joe Wilder, Director of
Public Works dates December 1, 2022.
5) Frederick County Fire Marshall: Please see attached letter from Adam Hounshell,
Lieutenant/Assistant Fire Marshall dated November 28, 2022.
6) County of Frederick Attorney: Please see attached email from Roderick B. Williams, County
Attorney dated December 20, 2022.
Following a public hearing, a recommendation from the Planning Commission 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.
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