HomeMy WebLinkAbout06-22 PC Staff Report REZONING APPLICATION #06-22
TASKER WARRIOR PROPTERIES LLC
Staff Report for the Planning Commission
Prepared: August 18, 2022
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
Reviewed Action
Planning Commission: 09/07/2022 Pending
Board of Supervisors: 09/28/2022 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/07/22 PLANNING
COMMISSION MEETING:
This is a proposal to amend the proffer statement approved with REZ #04-18 (Tasker Road & Warrior
Drive Commercial Properties LLC). The proposed amendment seeks to modify the proffered hours of
operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by-right
development of a financial institution/bank on the subject property. No other provisions in the previously
approved proffer statement are proposed to be amended. The 8.5-acres subject property is zoned B2
(General Business) District and located in the Shawnee District.
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.
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Rezoning #06-22 – Tasker Warrior Properties, LLC
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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.
PROPOSAL: The proposed rezoning (proffer amendment) seeks to modify the hours of operation
approved with REZ #04-18 and to allow for the installation of a 24-hour ATM/ITM machine in
conjunction with a by-right development of a financial institution/bank on the 8.5-acre subject property.
LOCATION: The subject property is located at the northwest corner of the intersection of Tasker Road
and Warrior Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75-A-104E
PROPERTY ZONING: B2 (General Business) District
PRESENT USE: Vacant/Undeveloped
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B2 (General Business) Use: Vacant/Undeveloped
South: RP (Residential Performance) Use: Open Space
East: B2 (General Business) Use: Commercial
West: RP (Residential Performance) Use: Residential/Open Space
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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.
On February 13, 2019, the Board of Supervisors approved REZ #04-18 which rezoned 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. REZ
#04-18 restricted hours of operation for all land uses that are permitted within the B2 District
portion of the property by requiring the businesses to be closed to the public from 11:00pm to
6:00am.
2) Comprehensive Plan
The Comprehensive Plan is the guide for the future growth of Frederick County.
The 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 and Appendix I
of the Comprehensive Plan are the primary implementation tools and will be instrumental to the
future planning efforts of the County.
Comprehensive Plan Land Use Compatibility
The 2040 Comprehensive Plan and the Southern Frederick Land Use Plan (SoFred) designate
the subject property as part of the “Tasker/Warrior Neighborhood Village.” The property is
also within the limits of the Sewer and Water Service Area (SWSA) and the Urban
Development Area (UDA). The area plans states that within this “neighborhood village” is a
small-scale commercial area is sensitive to the existing residential character of the area, in
particular the scale of the adjacent neighborhoods, yet seeks to build upon the existing
commercial character of this intersection. The commercial land uses shall be of a general scale
and context similar to projects such as Creekside. The existing B2 (General Business) District
zoning is consistent with the Plan.
The proposed rezoning (proffer amendment) while altering the hours of operation for financial
institutions/banks does not change the zoning district or land uses and as such is in conformance
with the Comprehensive Plan.
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3) Access & Transportation
The proposed rezoning (proffer amendment) does not propose amendments to proffers
pertaining to transportation and site access with the previously approved REZ #04-18. As noted
in the included Impact Analysis Statement, the proposal to alter the hours of operation, specific
only to banks/financial institutions, will not result in any measurable change to trip
generation/traffic.
4) Potential Impacts Proffers
The proposed rezoning (proffer amendment) seeks to allow for the installation of a 24-hour
ATM/ITM machine in conjunction with a by-right development of a financial institution/bank
on the subject properties. No other provisions in the previously approved proffer statement are
proposed to be amended.
County of Frederick Attorney:
Please see attached email from Roderick B. Williams, County Attorney dated July 28, 2022.
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.
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