The URL can be used to link to this page

Home My WebLink About01-23 BOS Staff Report REZONING APPLICATION #01-23 CREDIT CAR NATION (1467, LLC) Staff Report for the Board of Supervisors Prepared: February 21, 2023 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 02/15/23 Recommended Approval Board of Supervisors: 03/08/23 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/08/23 BOARD OF SUPERVISORS 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 at 1467 Front Royal Pike in the Shawnee Magisterial District. The proffer statement restricts the use of the property to “automotive dealer” and “general business office;” no other uses are proposed on the property. The proposed rezoning does not include the “mix of uses” envisioned by the Urban Center designation in the Comprehensive Plan. Achieving the mix of uses envisioned on a small parcel would be difficult, however the rezoning may otherwise be appropriate as an expansion to an existing business. Following a public hearing at their February 15, 2023, meeting, the Planning Commission unanimously recommended approval of the rezoning application (Commissioner Kozel absent) 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 #01-23 Credit Car Nation (1467 LLC) February 21, 2023 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. PROPOSAL: To rezone +/-1.345-acres of a parcel totaling +/- 3.96-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 Rezoning #01-23 Credit Car Nation (1467 LLC) February 21, 2023 Page 3 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 Rezoning #01-23 Credit Car Nation (1467 LLC) February 21, 2023 Page 4 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. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/15/23 MEETING: The Planning Commission held a public hearing on February 15, 2023. Three (3) members of the public spoke regarding the application and expressed concerns regarding buffering/screening, allowed uses, and impact of expanded impervious area on neighboring properties. Following the public hearing, staff was asked to respond to public comments and noted that the proffers included a full-screen buffer requirement where the property adjoins residential properties; the proposed proffers limited the allowed uses to only “automotive dealership” and “general business office” consistent with the existing B2 zoned portion of the property; and that prior to the establishment (expansion) of the use the owner would need to have a site plan approved by the County which would address buffers, screening, stormwater management, and any other relevant Zoning Ordinance requirements. In their remarks, the Planning Commission expressed support for Car Credit Nation, a local small business, to expand their automotive dealership. The Planning Commission unanimously voted to recommended approval of the proposed rezoning (Commissioner Kozel absent). 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.