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ZM-189-21 Staff Report

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ZM-189-21 Staff Report COUNTY OF YORK MEMORANDUM DATE: December 30, 2020 (PC Mtg. 1/13/21) TO: York County Planning Commission FROM: Timothy C. Cross, AICP, Deputy Director of Planning and Development Services SUBJECT: Application No. ZM-189-21, Parkway Center, LLC ISSUE This application is a request to amend the York County Zoning Map by reclassifying an 8.8-acre parcel of land located at 500 Marquis Parkway, further identified as Assessor’s Parcel No. 11-04-00-007, from EO (Economic Opportunity) to GB (General Business) subject to voluntarily proffered conditions. The applicant has voluntarily proffered that a minimum of 20,000 square feet of space would be reserved for Educational, Commercial/Retail, and/or Business/Professional Service uses as set forth in categories 5, 10, and 11 in the Zoning Ordinance Table of Land Uses (Section 24.1-306). In addition, the applicant has proffered to prohibit certain specified uses that would otherwise be permitted in the GB district, either by right or with a Special Use Permit. The property is designated Economic Opportunity in the Comprehensive Plan. DESCRIPTION Property Owner: Marquis Investments, LLC (Applicant is contract purchaser.) Location: 500 Marquis Parkway (private street) Area: Approximately 8.8 acres Frontage: Approximately 1,015 feet on Marquis Parkway, 867 feet on Whittaker’s Trace (private), and 755 feet on Terra Cotta Way (private) Utilities: Public water and sewer Topography: Relatively flat 2035 Land Use Map Designation: Economic Opportunity with a Mixed Use overlay Zoning Classification: EO-Economic Opportunity Existing Development: Vacant 105,270-square foot department store building (formerly occupied by JC Penney) York County Planning Commission December 30, 2020 Page 2 Surrounding Development: North: Water Country USA (across Marquis Parkway) East: Water Country USA (across Marquis Parkway) South: Dick’s Sporting Goods, Kohl’s (across Whittaker’s Trace) West: Target and Best Buy (across Whittaker’s Trace) Proposed Development: Multi-use building to be anchored by a church and ancillary facilities, with a minimum of 20,000 square feet reserved for Educational, Commercial/Retail, and/or Business/Professional Service uses BACKGROUND The Marquis center was originally approved in 2005 through the approval of a Special Use Permit authorizing the establishment of a retail center of up to 800,000 square feet of gross floor area on approximately 178 acres of land located on Route 199 in the southeastern quadrant of the southern Interstate 64/Route 199 interchange. Five retail stores with a combined total of approximately 398,000 square feet were built in 2007 and 2008 – JC Penney, Kohl’s, Dick’s Sporting Goods, Best Buy, and Target. Construction stalled in 2008 when the previous developers declared bankruptcy, leaving in their wake a multitude of debts, liens, and lawsuits. In 2011, Todd Interests acquired the project – except the Target parcel, which the Target Corporation purchased from the original developers in 2007 – and resolved the legal and financial problems that had plagued the project. In 2013, the Board of Supervisors approved an application to modify the layout of the project to accommodate a “major anchor tenant national club discount store with fuel sales” that was later revealed to be Sam’s Club, which acquired a 13.5-acre site in 2015 and submitted a site plan that was approved in 2017. At the same time as the 2013 use permit, an application was approved to rezone the Marquis “South Pod” from EO to PDR (Planned Development Residential) to allow up to 650 (later reduced to 600) dwelling units. Although the Sam’s Club project never materialized, the residential development – Marquis Hills – is now under construction. Meanwhile, the only change to the “North Pod” in the past twelve years is the closure of the JC Penney store, which took place in 2015. The building has sat vacant ever since. CONSIDERATIONS/CONCLUSIONS 1. This proposal grew out of a Williamsburg area church’s need for a new, permanent home to accommodate spiraling growth and a property owner’s need to attract a tenant to fill a big box retail store in the midst of an extremely weak commercial real estate market. For several years, Foundations Church Williamsburg had been meeting in Legacy Hall in the New Town section of James City County, adding more services as attendance grew. The church had arranged to relocate to Magruder Elementary School in March 2020; prior to the move, however, the COVID-19 pandemic forced the cancellation of in-person church services across the state. With the relaxation of COVID restrictions last summer, the church began meeting in the DoubleTree Hilton York County Planning Commission December 30, 2020 Page 3 Hotel in the Kingsmill area of James City County, where it currently holds two in- person worship services each Sunday. As noted previously, the JC Penney store has been closed for five years, and the current owner has struggled to find a new tenant for this 105,270-square foot building. The only inquiries the County has received in recent years have involved uses – such as mini-storage, RV storage, and multi-family housing – that either were not permitted under the existing zoning or were deemed by County staff to be undesirable for this particular site. The church set its sights on the former JC Penney building because of its strategic location in relative proximity to both its previous location and the most heavily populated parts of the Williamsburg area, as well as to Fort Eustis. The only drawback of this site, from the church’s standpoint, is that it is zoned EO, and places of worship are not a permitted use in the EO district. Accordingly, after discussing various options with County staff, the applicant submitted this application to rezone the property from EO to GB (General Business), which provides for a similar range of uses but with one important difference: places of worship are permitted as a matter of right in the GB district. 2. The subject property is an 8.8-acre parcel bounded by three private streets – Marquis Parkway, Whittaker’s Trace, and Terra Cotta Way – all of which are internal to the Marquis center. Marquis Parkway is the entrance road into the center and is accessed from Route 199 (Marquis Center Parkway), where the two roads form a three-way signalized intersection. The property is zoned EO (Economic Opportunity) and designated Economic Opportunity with a Mixed Use overlay in the Comprehensive Plan, as is all surrounding property, which includes Water Country USA, Target, Best Buy, Kohl’s, and Dick’s Sporting Goods. 3. The applicant’s vision is to convert the former retail building into a multi-use building that would be anchored by the church and church-related facilities, with the remainder utilized as commercial space. The floor plan depicts a 1,540-seat church auditorium with an adjacent 9,312-square foot gathering area, a chapel, office, multipurpose room, and two small meeting rooms. Other facilities shown on the plan include a 7,800-square foot child care center, a 7,646-square foot co-working training incubator, as well as a bookstore, café, and 14,479 square feet of leased commercial space which could include “full-service and quick-serve restaurant options [to] meet an under-served, growing population in the immediate area,” according to the narrative description submitted by the applicant. It should be noted that while these are the applicant’s intended uses, the range of allowable uses will be dictated by the requested GB zoning and the conditions voluntarily proffered by the applicant, which are discussed below. The applicant has proffered to prohibit the following uses that would otherwise be permitted in the GB zoning district, either as a matter of right or with a Special Use Permit: York County Planning Commission December 30, 2020 Page 4 Animal hospital, vet clinic, commercial kennel Tobacco store (including vape shops) Auto parts/accessories (new) Small-engine repair (lawn and garden equipment, outboard motors, etc.) Tool, household equipment, lawn & garden equipment rental Contractor’s shops Tourist home, bed and breakfast Bus terminal Nightclub Fortune teller Pawn shop Video arcade, pool hall, billiards hall, bingo hall The applicant has also proffered that a minimum of 20,000 square feet within the building will be specifically reserved for Educational, Commercial/Retail, and/or Business/Professional Service uses as set forth in categories 5, 10, and 11 in the Zoning Ordinance Table of Land Uses (Section 24.1-306). A listing of the land uses in these three categories, excluding those prohibited by proffer, is attached to this memorandum. Also attached for the Commission’s information is a listing of uses that are not permitted by right under the current EO zoning but would be permitted by right if the application is approved. While there are a number of GB uses that are not permitted in the EO district, there are very few EO uses that are not also permitted, either by right or with a use permit, in the GB district, and these are mostly manufacturing uses that would not be appropriate on this site. 4. Most of the applicant’s planned renovations would be to the interior of the building. For the most part, the applicant does not intend to make significant exterior improvements, although the conceptual drawings and sketch plan/floor plan provided in the applicant’s narrative description depict some façade improvements, including additional wall signage, and the addition of outdoor dining areas on the existing sidewalk along the front of the building (although it should be noted that the fire pits shown in the drawings would not be permitted by the Fire Code). Also shown on the sketch plan are a playground associated with the child care center and a future 22- space parking lot.
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