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Home My WebLink About04-24 BOS Staff Report REZONING APPLICATION #04-24 CSTORE TOWN RUN, LLC (STICKLEY FARM, LC) Staff Report for the Board of Supervisors Prepared: June 4, 2024 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 05/15/24 Recommended Approval Board of Supervisors: 06/12/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/12/24 BOARD OF SUPERVISORS MEETING: This is an application submitted to rezone approximately +/-8.29-acres from RA (Rural Areas) Zoning District to the B2 (General Business) Zoning District and the IA (Interstate Area) Overlay District with proffers to allow for a convenience store with fueling stations. The property is east of Interstate 81, west of Town Run Lane (Route 1012), and south of Fairfax Pike (Route 277), in Stephens City and is identified by Property Identification Number (PIN) 85-A-143 in the Opequon Magisterial District. The proposed rezoning does not implement uses typically associated with a “rural” land use designation and may have a potentially negative impact on identified “environmentally sensitive areas” in the County’s Comprehensive Plan. However, the rezoning to the B2 Zoning District and IA Overlay District may otherwise be appropriate given the location of the subject properties at the interstate interchange (Exit 307) and proximity to the Town of Stephens City and the Route 277 commercial corridor if impacts, such as traffic and circulation, are properly mitigated. The Planning Commission held a public hearing on May 15, 2024, and unanimously recommended approval of the rezoning (Commissioners Aikens & Triplett absent). In response to the Planning Commission discussion, the applicant has made several revisions to their proffer statement (revised May 31, 2024) and generalized development plan (GDP, revised May 30, 2024). A summary of those changes is provided below: • Proffer 3(b): Signal timing adjustments to be made at such time requested by the Virginia Department of Transportation (VDOT). • Proffer 3(c): Commitment to construct an at-grade pedestrian crossing across Town Run Lane to connect the subject property to existing sidewalk on the east side of Town Run Lane. • Proffer 3(d): Commitment to install directional signage to direct vehicles exiting the site back to Interstate 81 using southbound Town Run Lane. • Proffer 4: A monetary contribution of $0.10 per square foot of gross floor area for fire and rescue purposes. • Off-site extension of sidewalk on east side of Town Run Lane to the first commercial entrance for proposed convenience store (Note # 6). The proffer statement (revised May 31, 2024) is in legal form acceptable to the County Attorney. 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 #04-24 CStore Town Run, LLC (Stickley LC) June 4, 2024 Page 2 This report has been 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 approximately +/-8.29-acres from RA (Rural Areas) Zoning District to the B2 (General Business) Zoning District and the IA (Interstate Area) Overlay District with proffers to allow for a convenience store with fueling stations LOCATION: The subject property is located east of Interstate 81, west of Town Run Lane (Route 1012), and south of Fairfax Pike (Route 277), in Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-143 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B1 (Neighborhood Business)/B2 (General Business) Use: Convenience with fuel South: RA (Rural Areas) Use: Agricultural East: B2 (General Business) Use: Hotel/Restaurant/Vacant West: Interstate Use: Interstate 81 REVIEW EVALUATIONS: Planning & Zoning: 1) Comprehensive Plan, Site Access & Transportation Land Use Compatibility The Comprehensive Plan (adopted November 2021) and the Southern Frederick Land Use Plan (SOFRED, 2017) provide guidance on the future development of the subject property. The Plan identifies the subject properties with an “rural” land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and a portion of the property within the Urban Development Area (UDA). Further, the Southern Frederick Land Use Plan identifies the subject property with “environmentally sensitive areas” on it. Sensitive natural areas are described in Chapter 7 of the Plan and are “areas encompassing various resources in the County, such as floodplains, steep slopes, karst terrain, and agricultural areas.” County GIS records identify floodplain (Zone A) and a stream on the subject property. The proposed rezoning does not implement uses typically associated with a “rural” land use designation and may have a potentially negative impact on identified “environmentally sensitive areas.” Rezoning #04-24 CStore Town Run, LLC (Stickley LC) June 4, 2024 Page 3 However, the rezoning and IA Overlay District designation request may otherwise be appropriate given the location of the subject properties at the Interstate 81 interchange (Exit 307) and proximity to the Town of Stephens City and the Route 277 commercial areas. As such, it may be appropriate to further consider the Southern Frederick Land Use Plan policies for the “Interstate Commercial Uses at Exit 307” area: “Located at a highly visible location on an interstate interchange, this area of land use shall be designed specifically to accommodate and promote highway commercial land uses. Particular effort must be made to ensure that access management for the supporting transportation network is a key priority as the function of the interstate and primary road network is of paramount importance. The building and site layout and design of the projects shall be of a high quality. In addition, an enhanced buffer and landscaping is planned adjacent to the Interstate 81 right-of- way, its ramps, the new arterial road (South Frederick Parkway), and adjacent to Route 11.” Staff would note the proffer statement limits development of the property to only a convenience store with fueling and does not address other “Interstate Commercial at Exit 307” plan policies (site layout, high-quality design, etc.). Transportation & Site Access Town Run Lane (Route 1012) is not identified on the Comprehensive Plan/Eastern Road Plan for improvements. The SOFRED plan provides additional transportation policies for this area of the County and notes: “Access Management is a significant consideration of this study and general transportation planning in Frederick County.” The proffer statement proposes two (2) full movement commercial entrances from Town Run Lane and making timing adjustments to the signalized intersection at Route 277 and Stickley Drive (Route 1085) to accommodate future traffic needs as recommended in the traffic study. IA (Interstate Area) Overlay District The rezoning proposal also seeks an IA (Interstate Area) Overlay District designation for the +/- 8.29- acre subject property that adjoins Interstate 81. The IA Overlay District (§165-704) is intended to: “Provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified in [the Sign Ordinance]. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas.” The IA Overlay District regulations permit additional signage for establishments and allows the interstate sign to exceed maximum height and size (square footage) allowances permitted elsewhere in the ordinance. Staff would note that without use of IA Overlay District, the maximum sign height and size (SF) is determined by the frontage roadway classification (Town Run Lane – Route 1012). Town Run Lane is a “other street” for purposes of determining sign height and size under §165-201.06 (Sign Ordinance). If the rezoning were to be approved, the property would be allowed two (2) signs, one (1) IA Overlay sign and one (1) free-standing monument style sign. A comparison table of permitted maximum sign size and height is provided below. Rezoning #04-24 CStore Town Run, LLC (Stickley LC) June 4, 2024 Page 4 Signage Permitted Height Permitted Size Permitted Sign Ordinance (maximum) 25-feet (FT) 150 square feet (SF) Town Run Lane (permitted by adjoining roadway) 10-FT 25 SF IA Overlay District Sign (maximum) 100-FT* 300 SF *IA Overlay District maximum sign height calculated up to a maximum height of 800-FT above mean sea level for Exit 307 (Stephens City and Route 277). This ensures all free-standing interstate pole signs have the same overall height. A conceptual rendering of the proposed IA signage (and additional monument signage) is included with the generalized development plan (GDP) below. 2) Potential Impacts, Proffer Statement & GDP The proffer statement (revised May 31, 2024) proposes the following: • Conformance with the included GDP (revised May 30, 2024, Proffer 1), which includes a note (#6) to install sidewalk on the east side of Town Run Lane • Restriction on allowed uses to only a “convenience store and service station” (Proffer 2). • Transportation improvements including “two (2) full movement entrances” from Town Run Lane, adjustments to “signal splits at the Route 277, Aylor Road, and Stickley Drive intersection,” construction of a pedestrian crossing across Town Run Lane and installing direction signage to direct vehicles back to Interstate 81 using southbound Town Run Lane (Proffer 3). • A $0.10 per square foot gross floor area for fire and rescue purposes (Proffer 4). The proffer statement, as proposed, appears to mitigate potential impacts of the proposed development, including those impacts to the transportation network identified in the Traffic Impact Analysis and Fire and Rescue services Staff offers no additional comments on the proposed proffer statement. Rezoning #04-24 CStore Town Run, LLC (Stickley LC) June 4, 2024 Page 6 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 05/15/24 MEETING: The Planning Commission held a public hearing on May 15, 2024. The primary discussion was traffic and circulation in the vicinity of subject property and the recommendation from the Traffic Impact Analysis. Several Commissioners expressed concern with the potential for increased vehicle traffic further diminishing the level-of-service (LOS) along Route 277, and circulation from and around the interchange with Interstate 81. In their discussion, Planning Commissioners noted this location may be appropriate for a highway serving commercial uses if the trips could be properly managed to and from, and if the site was connected to commercial development and residences for pedestrians. The Planning Commission also expressed their support for additional tax revenue generating businesses to locate in the County. The applicants traffic engineering provided an overview of the traffic study and methodology to address Planning Commissioner comments and stated the existing LOS of “C” was unchanged by the addition of the convenience store. One (1) member of the public spoke in opposition to the proposed rezoning, citing traffic concerns. The Planning Commission unanimously recommended approval of the proposed rezoning (Commissioners Aikens & Triplett 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.