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HomeMy WebLinkAbout04-18 BOS Staff ReportREZONING APPLICATION #04-18 TASKER ROAD & WARRIOR DRIVE COMMERCIAL PROPERTIES Staff Report for the Board of Supervisors Prepared: February 1, 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 Action Item Held; Recommended Denial 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 02/13/19 BOARD OF SUPERVISORS 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 amend the hours of operation text to limit the closure to the public during those hours. Employees would still be allowed to be in the business. The Applicant has further stated that deliveries will not be permitted from 11p.m. to 6 a.m. The Applicant has also 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 Planning Commission discussed this item again on July 16, 2019. The Commission expressed concern regarding the hours of operation, noise and truck deliveries. The Commission ultimately recommended denial of this rezoning. Since the January 16th meeting, the Applicant has revised the proffer statement. The revision states that the business must be closed to the public from 11pm-6am. This would give the opportunity for employees to still be in the building. The proffer still prohibits deliveries from 11pm-6am. Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 2 The proposed proffers are as follows (Dated April 8, 1998, Revised January 18, 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: Land Use Automotive Dealers and Gasoline Service Stations (pumps at convenience stores allowed) Hotels and Motels Organization Hotels and Lodging Funeral Service and Crematories Car Washes Golf Driving Ranges/Miniature Golf Courses Membership Organizations Commercial Batting Cages Operated Outdoors Adult Retail Uses B. Restricted Hours of Operation The Owners proffer to restrict hours of operation for 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 11:00pm to 6:00am. 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 11:00pm to 6:00am. Land Use SIC Code Eating and Drinking Places 58 Miscellaneous Repair Services 76 Amusement and Recreational Services Operated Indoors 79 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. 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 #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 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 m atter. 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 Action Item Held; Recommended Denial 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 February 1, 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 February 1, 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.) PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/16/19 MEETING: Staff reported this is a request 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. Staff continued, the subject property was rezoned with proffers in 1998 and the approved Rezoning #002-98 required that businesses be closed from 11 p.m. to 6 a.m. It was noted this item was postponed at the December 5, 2018 Planning Commission meeting. Staff presented location maps of the property and explained, the Applicant is requesting to remove the hours of operation for the Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 6 majority of land uses allowed in the B2 District that could be constructed on this property. Ms. Perkins continued, hours of operation for restaurants, miscellaneous repair and amusement services are proposed to be restricted from 11 p.m. – 6 a.m. and all other uses could operate 24 hours. It was noted, the Applicant has added a new proffer that prohibits deliveries to all uses from 11 p.m.– 6 a.m. Ms. Perkins concluded, the minor revisions also include updates to include SIC codes, transportation study proffer (to be completed during the site plan stage), and a revised fire and rescue monetary contribution. A Commission Member inquired if the entrances can be blocked during the hours of 11 p.m.- 6 a.m. Staff commented the Applicant would have to agree to this and it would take place during the site plan stage. A Commission Member asked, with the restricted hours of operation, who enforces this. It was explained Staff would have to enforce if complaints are received. Mr. Evan Wyatt of Greenway Engineering and representing the Applicant presented an overview of the public hearing held on December 5, 2018; after discussion, the question from the Planning Commission was concern with delivery trucks between the hours of 11 p.m.- 6 a.m. particularly tractor trailers and refrigerated trucks that might sit and idle late into the night. He continued, a question was asked if something could be included in the proffer to prohibit this and Mr. Wyatt noted that could not be committed to at that time. Mr. Wyatt reported, he was contacted by the HOA and the property management group of Autumn Glen; they were able to meet and discuss options. The Applicant was asked to provide a detailed outline of what they are planning to do regarding storm water management, lights, noise, and buffering. Mr. Wyatt noted this was provided to the HOA. Mr. Wyatt clarified, they are requesting to maintain the same uses that were originally prohibited and added a couple additional uses that have been applied to the zoning ordinance over the last 20 years that were not part of the original rezoning. Mr. Wyatt stated the concerns with buffering, lighting, water would all be appropriate and adhered to the County codes. Mr. Wyatt concluded, although not an ideal situation; the Applicant has added additional language to the proffer which prohibits deliveries between 11 p.m.- 6 a.m. A Commission Member inquired what happens if delivery trucks arrive late, sits there idling all night; that is not prohibited according to the current language in the proffers. Mr. Wyatt asked is it the language going to the Board of Supervisors would be more appropriate stating deliveries and staging of vehicles during 11p.m.- 6 a.m. are prohibited. The Commission Member commented it could read no delivery trucks on the site during that time. Mr. Wyatt noted, this could be considered. The Commission Member commented, all concerns are enforceable with the exception of the noise; this neighborhood has been there 20 years and living there with the commitment of this protection. He noted, the tools to enforce this are not good and he feels this commitment to the neighbors needs to be upheld. Mr. Wyatt noted, if the restricted hours are maintained that does not guarantee or prevent trucks on the property; they are willing to offer that tractor trailer parking be prohibited on the properties from 11 p.m.– 6 a.m. The Commission Member inquired regarding SIC codes, what would be the most intense use. Mr. Wyatt responded most likely a grocery store. A Commission Member commented another use possible on the property would be a hardware store such as a Lowe’s. A Commission Member concluded, he has received ten emails and a few letters and will share these with Staff; all of which were unanimously against this type of rezoning. He reiterated the concern to enforce the restrictions and noted just because the developer cannot sell the property and now wants to make changes to make the property more valuable and appealing to a buyer does not justify this and Rezoning #04-18 Tasker Road & Warrior Drive Commercial Properties February 1, 2019 Page 7 changes should not be made to what was committed to at the initial rezoning. The Commission Member noted he will not be in support of this. A Commission Member agreed and commented the citizens purchased those homes with this commitment in place and that should not change. Motion was made, seconded, and unanimously passed to recommend denial of this request. (Note: Commissioner Mohn was absent from the 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.