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Home My WebLink About04-18 PC Staff Report - December 2018REZONING APPLICATION #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the Planning Commission Prepared: November 16, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/05/18 Pending Board of Supervisors: 01/09/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/05/18 PLANNING COMMISSION MEETING: This is an application to rezone 20.24+/- acres from the B2 (General Business) District and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the B2 and RP Districts with revised proffers. The subject property was rezoned to the B2 (General Business) District with proffers in 1998. The approved Rezoning (#02-98) required that businesses be closed from 11p.m. to 6 a.m. The Applicant is requesting to remove the hours of operation for the majority of land uses allowed in the B2 District that could be constructed on this property. Hours of operation for restaurants, miscellaneous repair and amusement are proposed to be restricted from 11 p.m.- 6 a.m. The Applicant has also updated the format for the prohibited uses (consistent with the prohibited uses from the approved rezoning), revised the fire and rescue monetary proffer and removed a transportation study proffer as this is already completed during the site plan stage of development and is unnecessary for the proffer statement. The proposed proffers are as follows (Dated April 8, 1998, Revised October 9, 2018): A. Prohibited Land Uses The Owners proffer to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use SIC Code Automotive Dealers and Gasoline Service Stations 55 Hotels and Motels 701 Organization Hotels and Lodging 704 Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 2 Funeral Service and Crematories 726 Car Washes 7542 Golf Driving Ranges/Miniature Golf Courses 7999 Membership Organizations 86 Commercial Batting Cages Operated Outdoors No SIC Adult Retail Uses No SIC B. Restricted Hours of Operation The Owners proffer to restrict hours of operation for the following land uses that are permitted within the B-2, General Business District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM: Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 Staff Note: This revision removes the hours of operation for the majority of allowed uses on the property. The restricted hours of operation from the original rezoning were 11 p.m. - 6 a.m. This proposed revision only restricts the hours of operation for SIC 58, 76 and 79. All other uses can operate 24-hours. C. Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. 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 #04-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 3 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: 12/05/18 Pending Board of Supervisors: 01/09/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffer to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. LOCATION: The subject properties are located in the northwest and southwest corners of the intersection of Tasker Road and Warrior Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75-A-104 and 75-A-104E PROPERTY ZONING: B2 (General Business) District and RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: B2 (General Business) Use: Commercial RP (Residential Performance Residential West: RP (Residential Performance) Use: Residential Rezoning #04-18Tasker Road & Warrior Drive Commercial Properties November 16, 2018 Page 4 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #02-98 which rezoned the subject property from the RP (Residential Performance) District 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 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 Southern Frederick Land Use Plan of the 2035 Comprehensive Plan designates this property as a future Neighborhood Village. The existing B2 (General Business) District zoning is consistent with the Comprehensive Plan. The properties are also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). 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.