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HomeMy WebLinkAbout01-17 PC Staff ReportREZONING APPLICATION #01-17 DMJ HOLDING, L.L.C. Staff Report for the Planning Commission Prepared: February 6, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 02/15/17 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To revise proffers associated with Rezoning #05-09. This minor 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 02/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This minor 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 would max out the hourly trip cap which would leave the remainder of the property undevelopable. A recommendation 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. Rezoning # 01-17 DMJ Holdings, LLC February 6, 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 Pending Board of Supervisors: 03/08/17 Pending PROPOSAL: To revise proffers associated with Rezoning #05-09. This minor 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 February 6, 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 restaurant 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 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 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 February 6, 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 2030 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 thru 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 February 6, 2017 Page 5 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/15/17 PLANNING COMMISSION MEETING: This is an application to amend the proffers from Rezoning #05-09 for 2.85 acres of land. This minor 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 would max out the hourly trip cap which would leave the remainder of the property undevelopable. A recommendation 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.