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HomeMy WebLinkAbout04-18 PC Staff Report - January 2019REZONING APPLICATION #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the Planning Commission Prepared: January 7, 2019 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/05/18 Public Hearing Held; Postponed Planning Commission: 01/16/19 Pending Board of Supervisors: 02/13/19 Pending PROPOSAL: To rezone 20.24+/- acres from the B2 (General Business) District with proffers 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 0/16/19 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 (#002-98) 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. to 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 Planning Commission held a public hearing for this rezoning on December 5, 2018. The Commission expressed concern over the hours of operation, noise from the businesses and associated deliveries. Ultimately, the Commission postponed this item to allow the Applicant to address the expressed concerns. The Applicant has since revised the proffers to prohibit deliveries between 11 p.m. to 6 a.m. The proposed proffers are as follows (Dated April 8, 1998, Revised January 3, 2019): 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: Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties January 7, 2019 Page 2 Land Use SIC Code Automotive Dealers and Gasoline Service Stations 55 (pumps at convenience stores allowed) Hotels and Motels 701 Organization Hotels and Lodging 704 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 prohibit hours of operation for the following land uses that are permitted within the B-2, Business General 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 Additionally, the Owners proffer to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 11:00 PM to 6:00 AM. Staff Note: This revision removes the hours of operation for the majority of the allowed uses on the property. The prohibited hours of operation from the original rezoning were 11 p.m. - 6 a.m. This proposed revision only prohibits the hours of operation for SIC 58, 76 and 79. All other uses can operate 24-hours. Deliveries cannot occur between 11 p.m. - 6 a.m., however; the business would be permitted to operate during those 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 #04-18 Tasker Road & Warrior Drive Commercial Properties January 7, 2019 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 Public Hearing Held; Postponed Planning Commission: 01/16/19 Pending Board of Supervisors: 02/13/19 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 #04-18 Tasker Road & Warrior Drive Commercial Properties January 7, 2019 Page 4 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #002-98 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). PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/05/18 MEETING: Staff presented an overview of the rezoning request. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant gave a brief overview of the request. He explained, the purpose of this request is the owner recently had a group look at the property for purchase; this group noted the limited hours of operation are a detriment to the property. Mr. Wyatt continued, with that in mind the Applicant wants to maintain the integrity of what was approved; what was done with the prohibited land uses they have maintained everything that was prohibited with the original proffers and added new commercial uses that have been approved over time that were not part of the 1998 zoning code. Mr. Wyatt noted, looking at the adjoining residential uses, the Applicant thought it would still be appropriate to keep the hours of restriction on uses that would be louder in the evening such as restaurants, bars, amusement, and recreational services. Mr. Wyatt concluded, the Fire & Rescue proffer was a one-time payment that was done with the first site plan on the other side of the road and the Applicant felt it was appropriate to make sure there was proffer money coming in for future commercial development on this side for Fire & Rescue. Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties January 7, 2019 Page 5 A Commission Member reminded everyone that the restriction was put in place because of the noise concerns shared by neighbors. His concern is how the surrounding neighborhoods will be protected from the noise; a grocery store having tractor trailers with night deliveries will create a lot of noise and there is a senior development directly behind this property. A Commission Member asked how this would be explained to the neighbors. Mr. Wyatt commented, the first thing that would be explained is the proffer amendment does nothing to the requirements for the buffer and screening between the commercial property and the senior subdivision which in this case would be a six-foot-high opaque element and landscaping so that would assist with the noise levels. A Commission Member inquired what square footage of buildings can fit on the property. Mr. Wyatt explained, on the 5-acre parcel the maximum would be approximately 25,000 SF and on the 16-acre parcel approximately 100,000 SF. Mr. Wyatt stated, therefore $10,000 to $15,000 could go towards Fire & Rescue. A Commission Member inquired could there be a way to arrange the buildings so the tractor trailer deliveries and parking could be on the side of the buildings rather than in the back. Mr. Wyatt responded, the orientation of the building is to face Warrior Drive; the depth of the property to have the buffer and 120 feet of depth to get to the building may dictate that it is on Tasker Road; he will have to look at the site before he could agree to that condition. A neighboring resident asked where the entrance would be on the 5-acre parcel and will there be more than one entrance. Mr. Wyatt displayed maps and described the possible entrances. A Commission Member commented, the neighborhoods surrounding this property trust the Planning Commission and the decisions made in the past; he cannot support this and break that commitment to the citizens. Another Commission Member suggested to restrict the tractor trailer delivery times from occurring in the middle of the night. A Commission Member noted if that could be accomplished, he may consider this request. A Commission Member noted that restriction would be difficult to enforce. A Commission Member requested a comment from Staff. Staff explained this could not be handled at the site plan process unless a proffered restriction was added; notes on the site plan if there were a proffer in place to restrict the hours, at that time it would become an enforcement issue if violated. Staff commented it would be up to the Applicant to offer this as a proffer. Mr. Wyatt concluded, reasonable comments have been made and Mr. Wyatt would prefer an opportunity to talk to the property owner and would agree to a postponement. The Planning Commission unanimously voted to postpone the rezoning to the January 16, 2019 meeting. (Note: Commissioner Unger was absent from the meeting.) 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.