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HomeMy WebLinkAbout01-17 BOS Staff ReportREZONING APPLICATION #01-17 DMJ HOLDING, L.L.C. Staff Report for the Board of Supervisors Prepared: March 31, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 02/15/17 Application sent to Public Hearing 03/15/17 Public Hearing Held; Recommended Approval Board of Supervisors: 04/12/17 Pending PROPOSAL: To revise proffers associated with Rezoning #05-09. This proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/12/17 BOARD OF SUPERVISORS MEETNG: This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the hourly trip cap which would leave the remainder of the property undevelopable. The Planning Commission discussed this application at their meeting on February 15, 2017; the Commission voted to reschedule the application and hold a public hearing. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their March 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 # 01-17 DMJ Holdings, LLC March 31, 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 Application sent to Public Hearing 03/15/17 Public Hearing Held; Recommended Approval Board of Supervisors: 04/12/17 Pending PROPOSAL: To revise proffers associated with Rezoning #05-09. This proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met. All other proffers remain the same. LOCATION: The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64A-4-16A, 64A-4-16, 64A-4-17, 64A-4-18, 64A-4-19, and 64A-4-20 PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: B2 (General Business) Use: Commercial Car Lot East: B2 (General Business) Use: Vacant West: RP (Residential Performance) Use: Residential Rezoning # 01-17 DMJ Holdings, LLC March 31, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Our District Planning Section has reviewed the DMJ Holdings, LLC Rezoning and Proffer Amendment and offer the following recommendations: The rezoning application for the DMJ Holdings LLC Proffer Amendment dated August 15, 2016 generally utilized the previously approved proffers with minor edits to permit fast food restaurants with drive through use on the property. The transportation improvements proffers as developed from the recommendations of the previously submitted TIA in 2009 have been maintained with the Proffer #2 “Limitation of Future Development”, which is unchanged from the originally approved proffers, set a property development cap of 200 site generated trips per hour during any hour of the day (based on ITE trip rates). The proposed fast food with drive through lane use (ITE code 934) with a 4,000 square feet gross floor area will exceed this cap in the AM peak hour of the generator. Therefore, as the proffers are currently written, if the proposed fast food land use is developed, the remainder of the property will be undevelopable in the future. Please advise. Should the Applicant choose to revise the proffers to permit additional development of the property, given the age of the original TIA and change in development intensity, VDOT Staunton District Planning recommends the preparation of an updated TIA to support the proffer amendment. During the June 28, meeting between VDOT and the developer/property owner at the Edinburg Residency, coordination with the adjacent property owner (additional B2 zoning) to realign/improve Custer Avenue and Pembridge Avenue in order to improve access opportunities to the commercially zoning properties was discussed. Did this outreach take place and were improvements considered? Frederick County Attorney: Please see attached letter from Roderick B. Williams, County Attorney, dated September 12, 2016. Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the County’s Zoning Ordinance. On October 14, 2009 the Board of Supervisors approved Rezoning #05-09 which rezoned the properties to the B2 (General Business) District with proffers. 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 guide for making decisions regarding development, preservation, public facilities and other key Rezoning # 01-17 DMJ Holdings, LLC March 31, 2017 Page 4 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. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Transportation and Access. Site access is proposed to be provided from two locations. Primary access to the site is via Route 50 and a secondary access point is proposed to be provided from Route 781 (Custer Avenue) via a modified commercial entrance onto Route 781 generally using the existing right- of-way across the properties frontage. The Route 50 entrance would be in the form of a right in right out only entrance, the Route 781 entrance would be right in only. Staff would note that the proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. VDOT has expressed concern that a fast food restaurant with a drive through would max out the hour trip cap which would leave the remainder of the property undevelopable. 3) Proffer Statement – Dated March 24, 2009; revised December 6, 2016: 1. Generalized Development Plan (unchanged) Proffers 2-8 remain unchanged 9. The Owner agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the property: 1. Car washes 2. Fast food restaurants with drive through service window (removed) 3. Automotive dealers with outdoor display and gasoline service stations 4. Model home sales offices 5. Amusement and recreational services operated outdoors 6. Self-storage storage facilities 7. Adult retail Proffer 10 remains unchanged Rezoning # 01-17 DMJ Holdings, LLC March 31, 2017 Page 5 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/15/17 MEETING: Following the staff presentation of the application, a Commission Member commented that they do not agree that the revision is minor and feels this should go to Public Hearing and allow the neighbors to have a voice, considering the traffic, noise, odors, etc. this will create. The Commission Member inquired was the increase in traffic the only parameter looked at. Staff explained, when reviewing the allowance that is built into the zoning ordinance per the State Code this met those allowances to be considered a minor proffer amendment. The previous rezoning did not have any limitations on the hours of operation and it already allowed for a fast food restaurant and the only addition is the allowance for a drive through and it did not increase the maximum cap on the traffic, it still fell under the minor proffer amendment standards. Three Commission Members inquired how the 200 trips per hour are monitored. Staff explained this would be done through the site plan process and based on the trip generation manual; the use the Applicant is proposing along with the building square footage would have to equate to no more than 200 vehicle trips. Staff noted the only enforcement would be prior to the final approval and based on the square footage what it would generate based on the manuals. A Commission Member commented this should be a Public Hearing so the neighbors have the opportunity to voice concerns, as trips could reach 400. Staff noted the potential would still exist under the previous rezoning because multiple buildings could have been constructed and still would have equated to the certain number of trips per day based on the manual. A Commission Member commented if adding the drive through component will there be some type of protection for the neighbors from traffic headlights. Staff noted under the site plan, landscaping would have a 36 inch evergreen hedge screening for anything that would generate impacts to lighting. John Lewis of Painter-Lewis, P.L.C representing the Applicant came forward. Mr. Lewis presented a brief overview; since 2009 the original rezoning in which the use of a fast food restaurant was proffered out, the only interest brought forward has been for fast food. He continued, when originally rezoned there was concern from neighbors about a fast food restaurant at which time the owner decided to remove that option. Mr. Lewis explained regarding the trip limitations in the 2009 rezoning there was a 200 peak hour trip limit also, and at that time there was no concern raised on enforcement of this. He noted the reason for this rezoning is there has not been any interest in the parcel other than a fast food restaurant. Mr. Lewis continued they met with the HOA in 2009 and that is how the original proffers were crafted; this time they have tried to contact the HOA and have not heard from anyone, therefore they sent letters to seven adjoining neighbors and they have received a response from one. A final point made by Mr. Lewis is the current zoning ordinance has design standards all of which still apply to this rezoning. A Commission Member commented he agrees it will be highly unlikely a fast food restaurant would exceed the 200 trips in this area. Another Commission Member commented he finds it concerning that in 2009 it was rezoned because adjoining homeowners did not want a fast food restaurant with a drive through and now without giving anyone the opportunity to comment we would then remove this proffer to allow the drive through. It was reiterated by a Commission Member that he would be comfortable if this item were brought back before the Planning Commission as a Public Hearing. A motion was made, seconded, and unanimously passed to recommend postponement and a Public Hearing to be held of REZ #01-17 for DMJ Holdings L.L.C. Rezoning # 01-17 DMJ Holdings, LLC March 31, 2017 Page 6 Absent: Mohn, Dunlap EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the hourly trip cap which would leave the remainder of the property undevelopable. The Planning Commission discussed this application at their meeting on February 15, 2017; the Commission voted to reschedule the application and hold a public hearing. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/15/17 MEETING: Staff provided an overview of the rezoning application and the proffers. Staff noted that a fast food restaurant with a drive through would max out the hourly trip cap which could leave the remainder of the property undevelopable without a subsequent rezoning. A Commission Member inquired if this is approved and a fast food restaurant is built with the 200 trips per hour max; then a year from now they want to put a doctor’s office on the site, who can monitor the trips. Staff explained this is based on the ITE manual for that specific use, therefore if something else were to be place on the site they would have to come back through the rezoning process. Mr. John Lewis of Painter-Lewis P.L.C., representing the Applicant came forward and noted he did not have anything additional to add from the previous meeting. Mr. Josh Phelps, the co-applicant came forward. He explained when they purchased this property in 2005 the economy was doing well then in 2008 the downward spiral happened; they have been sitting on this property since that time. Mr. Phelps continued they have been approached by a potential buyer who wants to put a drive through window restaurant on the property. Mr. Phelps reported the most interested party (which is a very established business) provided statistics that reflect a max of 170 trips per hour in a major metropolitan area such as Charlotte, NC and Atlanta, GA. Mr. Phelps concluded they would like to sell the property and invest the proceeds in their business Winchester Metals which is in need of expansion. Rezoning # 01-17 DMJ Holdings, LLC March 31, 2017 Page 7 A motion was made, seconded, and unanimously passed to recommend approval of REZ #01-17 DMJ Holding L.L.C. Absent: Mohn, Dunlap, Unger, Molden, Oates EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/12/17 BOARD OF SUPERVISORS MEETING: This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This proffer amendment seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. If approved, the site would permit the construction of fast food restaurants with drive through service windows if all other requirements and conditions are met. The properties are located within the UDA and SWSA and are designated as an area of commercial land use by the Eastern Frederick County Long Range Land Use Plan. The site is located in the area covered by the Senseny Eastern Frederick Urban Area Study. The land use plan identifies, more specifically, a commercial designation with a transition back into the surrounding residential land uses. Staff would note that the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. This proffer remains unchanged from the 2009 approval. It should be noted that a fast food restaurant with a drive through could max out the hourly trip cap which would leave the remainder of the property undevelopable. The Planning Commission discussed this application at their meeting on February 15, 2017; the Commission voted to reschedule the application and hold a public hearing. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their March 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.