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:
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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. It should be noted that these plans and drawings have not been proffered by the applicant and thus are conceptual and non-binding.
5. The traffic impacts of the proposed project are difficult to predict since the exact mix of uses is unknown. The applicant has submitted a trip generation report (copy attached) based on an assumed mix of uses that includes the church and ancillary facilities (church office, meeting rooms, child care center, workforce training center, bookstore, and café), with the remaining 14,479 square feet assumed to be occupied by fast casual restaurants, defined as “a sit down restaurant with no wait staff or table service [where] customers typically order off a menu board, pay for food before the food is prepared, and seat themselves.” Fast casual restaurants have very high trip generation rates, as do coffee/donut shops without drive-through windows, which the applicant determined to be the use most comparable to the proposed bookstore/café use. As shown in the table below, the applicant estimates that the assumed mix of uses York County Planning Commission December 30, 2020 Page 5
would generate more weekday trips, both overall and in the peak hours, than if the building were to revert to shopping center use.
Marquis Traffic Projections – Approved and Proposed Weekday Development Scenario Daily AM Peak PM Peak Average Hour Hour The Marquis as previously approved (2007) 38,746 866 3,524 The Marquis as amended (2013) 28,719 1,838 2,850 The Marquis as currently approved (2016) 26,959 1,166 2,715 The Marquis as currently developed 12,581 293 1,093
Proposed Multi-Use Building 5,3301 932 646 Shopping Center (105,270 sq. ft.) 4,5201 105 393 Net Change +8101 +827 +253 1Weekday average for proposed multi-use building does not include the bookstore and café because trip generation rates are not available from the ITE.
Sources: Traffic impact analyses and ITE Trip Generation manuals
Not surprisingly, the traffic impacts of the proposed church would be greatest on Sundays, when worship services are conducted. According to the ITE (Institute of Transportation Engineers) Trip Generation manual (10th edition), a 1,540-seat church can be expected to generate approximately 1,863 vehicle trips on an average Sunday and 832 trips during the church’s peak hour. On weekdays, by comparison, a church of this size can be expected to generate only 127 trips per day, on average, including 15 in the AM peak hour and 46 in the PM peak hour (unless a wedding, funeral, or other special service is being conducted). This increase in church traffic on Sundays would be more than offset by the reduction in traffic generated by the rest of the shopping center on Sundays, when 105,270 square feet of shopping center space can be expected to generate approximately 2,657 daily trips and 328 trips in the Sunday peak hour. This is almost 2,000 fewer trips than on an average weekday.
As shown in the table, the projected traffic impacts of the Marquis have declined over the years as the project has evolved. The Marquis was previously approved for over a million square feet of retail space and a 71,000-square foot hotel that would be expected to generate a combined total of 38,700 trips per day, including 866 in the AM peak hour and 3,524 in the PM peak hour. Over the years, the project has been dramatically scaled back, resulting in a commensurate reduction in weekday and PM peak-hour traffic projections, although AM peak-hour traffic estimates increased to 1,166 as a result of the rezoning of the South Pod for residential development.
In summary, based on the assumed mix of uses, the proposed church-anchored multi- use building can be expected to generate more traffic than a shopping center building of the same size. However, even with the increased number of trips, the total amount of traffic generated by the Marquis will be well below previous traffic estimates that the roadway network at the Marquis was designed to handle.
York County Planning Commission December 30, 2020 Page 6
6. There are 523 existing parking spaces serving this property, according to the approved site plan for JC Penney. In addition, the applicant’s sketch plan depicts a “future parking” area with 22 spaces on the east side of the building in the area previously used as a loading dock and truck turnaround area. As with the traffic impacts, the parking needs associated with the proposed multi-use building are somewhat speculative since the exact mix of uses is unknown. The Zoning Ordinance requires 385 spaces for a 1,540-seat church. For the proposed child care center, the applicant has not submitted enough detail for staff to calculate the amount of parking required; however, according to the ITE Parking Generation manual (4th edition), a 7,800-square foot day care center can be expected to generate peak-period demand for 25 parking spaces, on average. Assuming the remainder of the building would include a bookstore, café, and co-working training incubator as depicted on the conceptual floor plan, with the remaining 14,479 square feet of tenant space assumed to be a 50/50 mix of retail and restaurant space, staff estimates that approximately 582 square feet would be required. However, given that the most significant parking demand will be on Sundays, and the applicant has indicated that the bookstore, café, and child care center will not be open to the general public on Sundays, the peak-period parking demand drops to 508 – fifteen (15) spaces fewer than the current number of spaces, even without the 22-space addition. Detailed parking calculations will be required at the time of building plan review for the proposed change in use. A site plan will be required if the additional parking area is proposed.
7. The fiscal ramifications of the proposed adaptive reuse project are complicated, partly because of the financing mechanism that was set up to pay for the infrastructure at the Marquis. Most of the tax revenue generated by the stores accrues not to the County but to the bondholders who purchased the bonds that were issued by the Marquis Community Development Authority (a public body appointed by the Board of Supervisors to issue bonds to finance certain publicly-owned infrastructure improvements on a tax-exempt basis) to finance the infrastructure. This will continue for the next 20 to 25 years or until the bonds are repaid, whichever comes first, at which point all revenues generated by the Marquis will accrue to the County.
If the application is approved, the property will be owned by Parkway Center, LLC, which has a contract to purchase the property. Currently, the sole member of Parkway Center LLC is Foundations Church Williamsburg, although additional members are expected to be added to the LLC in the form of as yet undetermined private investors. The property will continue to be subject to local real estate taxes; however, if a long- term lease to the church legally entitles its space to a tax exemption, the church will likely make application to exempt that space. Likewise, if the church remains the sole member of the LLC, it may seek exemption for any eligible space leased by the church for religious use. In either case, real property tax would be paid on space used for the bookstore, café, child care center, and other commercial activities.
On the one hand, conversion of a 105,270-square foot retail building into a multi-use building with a potentially tax-exempt church and only 20,000 square feet of commercial space represents an opportunity cost in terms of revenue. If the application is approved and the building is converted as proposed, the opportunity to York County Planning Commission December 30, 2020 Page 7
attract a higher revenue-generating commercial user will be lost. However, concerns about this lost opportunity must be tempered by a recognition of the realities of the commercial real estate market and the weak demand for brick-and-mortar retail, particularly of the big box variety.
On the other hand, the proposed conversion will likely represent a net revenue gain compared to the current situation of a vacant building that generates no sales or personal property tax revenue. This includes both the direct economic impact of the small retailers that would occupy the leased commercial space and the indirect impact of bringing new potential customers to the Marquis who otherwise would not be there and will likely spend money at other shops in the center.
The County’s Office of Economic Development (OED) has reviewed this application and expressed its support, noting that “the universe of prospective retail users since [the closing of the JC Penney store] has greatly diminished” and that the “proposed outward facing food/restaurant users would be a welcome addition to the Marquis.” While acknowledging that the proposed use is not ideal from a revenue standpoint, the OED adds that “a large vibrant church should create a steady stream of potential customers for the retailers in the center” and that “the daycare center and workforce training components are necessary, timely services that will also increase traffic to the Marquis.” Lastly, the OED believes the positive tax impact of the proposed use “will hasten the reduction of the bond debt, ultimately leading to an increase in tax revenue” and that “this project will breathe new life into the center, and create positive momentum for additional development.”
8. The property is located within 3,000 feet of the U.S. Naval Weapons Station Yorktown. In accordance with Section 15.2-2204.D of the Code of Virginia, staff notified the Commanding Officer of the Naval Weapons Station of this application and the opportunity to provide comments. As of the date of this memorandum, no comments have been received from the Navy.
RECOMMENDATION
Having sat empty for five years with no serious prospects, the JC Penney site serves as stark evidence of both a weak commercial real estate market and, more specifically, the struggles that have plagued the Marquis over the years. The likelihood of a significant rebound in demand for retail space appears remote as the so-called “Amazon effect” continues to take its toll on brick-and-mortar businesses (a trend that could accelerate as people become increasingly accustomed to online shopping during the COVID-19 pandemic). Such circumstances call for creative solutions. In staff’s opinion, the adaptive reuse proposal put forth by Foundations Church Williamsburg represents just that – a creative vision to put this property to a productive use that will generate activity and sales while also attracting new customers to the existing shops at the Marquis. While the presence of a tax-exempt religious entity occupying much of the building will limit the direct economic benefits, the proffers ensure that at least 20,000 square feet of space will be reserved for taxable, revenue-generating commercial uses and, at less than 5,000 square feet per unit, this space will likely be easier to fill than a 105,270-square foot big York County Planning Commission December 30, 2020 Page 8 box building. Moreover, the indirect spinoff effects are likely to benefit other stores in the center. Staff believes the proposed use of the property will complement existing development at the Marquis and that the existing roadway network is capable of accommodating the additional traffic. Therefore, based on the considerations and conclusions as noted, staff recommends that the Commission forward this application to the Board of Supervisors with a recommendation of approval.
TCC
Attachments: Zoning Map Vicinity Map Survey Plats Narrative Sketch Plan/Floor Plan Proffer Statement Trip Generation Report Listing of Permitted Uses Proposed Resolution No. PC21-2 APPLICANT ZONING MAP Paekway Center, LLC ZM-189-21 Rezone 8.8 acres from EO to conditional GB APPLICATION NUMBER: 500 MARQUIS PKWY
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93 4 Y Y 11 99 E A TRAC W LE D T S IN R Q L U U T B 98 I 100 R K 11(27) B Y R C A ^ U E D W L J IA A L S N ^ A M 11H (2) A10 O I N N G E 11(4) 2 D E C I N R 96 B E G S CE CHEATHAM ANNEX RAILROAD ^ N T PEN NIMAN ROAD A IL S ^ TE MARQUIS CENTER PARKWAY R L 11 95 A 3 N 97 E T R U ^ 17 O 16 C 15^ R ^ 14 E ^ ^^ 13 ^ OW 12 A2 S L 2 MCCORMICK PLACE11 U N F ^ 10 W AT ^^ 9 E ^ ^ 8 R 7 C ^ ^ O 6 U ^ N ^ ^ 5 T 18 4 R 3 19 3^ Y 2 ^ ^ P ^ 11H (1) A3C ^ 20 1 A ^ ^^ 107 R ^ ^ K 5 21 ^ 108 A10 W ^ 22 ALB ERT HERRMANN109 ^ ^ A 4 23 110 RW ^ Y ^24 ^ ^^ ^ 25 ^ ^111 112 1 26 113 A3B ^ DRIVE 114^ ^ ^ ^ ONS MILL PARKWAY HITE PARK ^^ 95 11H (1) A1 96 ^ 97 ^ 98 NEWBAKER SQUARE^ ^^^ E ^ 94 C ^ RT. 6 41 27 ^ A 93 28 R ^ ^ 29 ^ 92 T ^ 11H (1) A3A ^ ^ L 30 ^ 91 ^ L I 31 32 90 M ^ ^ ^ ^ 33 A4A D S A 89 ^ ^ T D O 99 N RW A R 88 ^ E ^ ^ O IL 11(16) 4 M R A 100^ ^ 34 N R 7 LE 35 A ^ 101 C ^ M X A5^ ^ ^36 I NE 104 102 ^ 37 N N ^ ^ N A 105 103 38 E 106 ^ P M ^ ^ ^39 A FLETCHERS CRESCENT ^ H A6 ^^ 40 AT ^^ 41 ^ HE ^ ^ 42 C 11(4) 3 ^ 43 A4B ^^ 44 45 ^ 46 ^^ 47 ^ 48 RT. 1 99 5 ^ ^ ^ ^ 49 54 ^ 50 ^ 11(4) 2 53 11H (1) A4C 51 52 ^
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MARQUIS PARKWAY PARKWAY MARQUIS ^ ^ 19 ^ 20 11I A3 INTERSTATE 64 ^ ^ 21
^ 22 15 (3) 2 23 ^ PD 24 2A ^ 40 ^ 25 A ^ 39 41 26 ^ ^ 7 ^ 38 ^ COURT ^OVERSTREET 27 ^ 42 8 ^ 6 37 ^ 43 40 A 36 ^ ^ 28 44
15A (7 ) 9 ^ DRIVE LORRAINE ^ 29 ^ 35 AURAY DRIVE
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^ ^ 39 ^ ^ 152 ^ NOR ^50 51 52 ^ 151 11 ^ 150 ^ 42 3 49 ^ ^ ^ 102 R20 11(4) 12C ^ ^ ^ ^ ^ HILLS DRIVE MARQ ^= Conditional Zoning 0 350 700 1,400 SOURCE: YORK COUNTY THIS IS NOT A LEGAL PLAT. This map should be used for Feet GIS PARCEL DATA and information purposes only. It is Printed on December 02, 2020 µ ZONING DATA not suitable for detailed site planning. 11(16) 4
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Engineering "·~-=:..--"j;::::=.,.u,,....=-..:::.- ~ lip ---- .... _, ___ i 14.~~-..~-..,_-_..._ .. _...,_.._ NOV 25 2020 :'!"'....:..~~:,~l•9""'r.U ~-n.-,.:,.•.J"':·2~::;:::.._..-. , ~n,., ~ - IWlc,o --"' -- Na, UI0~160. .,.._ - •t•_...,_.., __ j -~-----.... -, ~~~-...::::::" ..._ Lll t ~29 ...... -...... ~ lW-- -no.,-...b- .,__ - ...... _., u.c. -~n. 1001. .,.,;-w.-.~, ~~~ SHEET 1 Of 1 ,._. Planning Divtsion PARCEL MAP SUBDIVISION llllfllffl lllllllll ll SEE SHEETS 3, 4, 5 , 6, 7, AND 8 OF THI'. PROPERTY OP IILR 1 200 '310 12 FOR SUBDIVISION AND EXISTING EASEMENTS MARQUIS WILLIAMSBURG SEE SHEETS 9 , 10, AND 11 FOR RE HOLDING LLC "WAIDl COONTRY USA' PROPOSED UTILITY EASEM ENTS Cf'IN IIJA- OM6--4ZOO BRUTON DISTRI CT, YORK COUNTY, VIRGIN IA PARCEi. 4 DATE: 10/21/11 ~ H1J8-38.ll--Je06 SHEET I OF 11 SEE SHEET 3 GP! p SEE GENERAL NOTES 1. CURRENT OHR: MARQUIS 'MLLIASSBURG RE HOLDING. LLC. 2. THIS PRCRRTY IS ZONED EO {ECONOMIC OPPORTUNITY) AND IS FURll J. MERIDIAN IS BASED UPON YORK COUNTY DA TUM REFERENCE MONUMENT NO. VI CI NITY MAP 037-RESET COORDINATES FOR MON. 037-RESET IN U.S. SURVEY F'EET: 1· - 2000· 0 800 1600 {NORTH ING) 3626414.349 (EASTING) 12024453.965 SCALE IN FEET ELEV. • 64.00 4. SEIICR: EACH LOT Mll TAX MAP NO. 11-0◄ - 00 -00 4 8. ll PARCEL 3 82.25± AC . ( / //~ ~ ~ \ !'"' ~ ,.....______I / \ I / / ( ' / "~.., \ j ('I, ) ( SUBDIVISION \ OF THE PROPERTY OF \ I MARQUIS WILLIAMSBURG /__"'\, RE HOLDING LLC BRUTON DlSTRICT, YORK.COUNTY, VIRGINIA \1 l DATE: 10/21/ 11 SCALE: 1"=200' SHEET2OF 11 / ,/ -< 200 0 200 400 "'- ' e-, ' ' SCALE IN FEET "'- JI: ,,1...._a....,~~.....1 - ...... ~21115 ,~ ('m)---•PAX('m)...,.. PARCEL 12 N'PR0\1£D: 112.59± AC. •YORK coumv BOARD OF SUPERVISORS E!Y:__ _ __(11_;_};:j_,yt_u.fc___:_ ___ O,',TE: INTERSTATE 64 STAT£ OF \/IRGINIA, coumv Of YORK INTERCHANGE 242-B IN THE CLERK'S OFFICE OF THE CIRCUIT COURT FOR THE Of YORK - POQUOSON THE d_~O,',Y Of EXIT RAMP _2012, THIS MAP WAS PRESENTED AND ~ RECORD AS THE LAW DIRECTS AS INSTRU MENT NO. l.'T:, I¢,C(;'f: IC I;,. T£STE,__~~Ai.&.__$, ,( f lf:Ai./UAJd....'L ___ CLERK le: 'I",.,.., BY~ ~~C. SUBDIVISION OF THE PROPERTY OP MARQUIS WILLIAMSBURG RE HOLDING LLC BRUTON DISTRICT, YORK COUNTY, VlRGINIA DATE: 10/21/ 11 SCALE: 1"=100' 11 "WAl!Jl COUNlRY USA" SHEET40F PARCEi. 2 BUSOt ENl!JlTAINMEIH CORI'. GPIN 11.lA-0846-4200 MAP fll - ~00-002 TE LINE CRY O.B. 663, PC. 578 PROl'ERTY LINE IS P.B. 12. PC. 597- 602 COITlJUE or KING OtilC HST. NO. 070021 611 C,3 ZONE E0 [XISHNG cm or N£,.p()/,T NE't6 10 WA IERUNE CASEIIEN" NC. 080011050- PlAT ,fJSf-""------✓ •• 1'22'39_- E ' , -- ~ - ~ E'X'STf.lC ---YORK COUNTY VARl"8LE EX STING l'AOTII ',CCCSS [ASE~EN T --- a TY or NE'M'OIH NEl\:S LNS L NO. 090012812 10' WATERLINE INST. NO. 0900128 11 - PlAT EASCMCN'r INST. NO. 080C110~ -!>LAI 1/ N•ne· ~ 153.Je' DRAINAGE ANO '/ N74'41'29"W UllJTY EASEMENTS 45.2T SEE Sl£ET 10 ~ ORAJNAGE EASOIENT 8' .W SEE SHEET 10 ~ 5151 _•31 57 20 llJTY N741w•w PARCEi. J GPIN llJC-<>012- 1173 SHEETTIO PARCO. 7 MAP fll- ~00-003 JM,757 so. n. IHST. NO.070011121 8.8328 AC. INST, NO. 070021111 IWPRO',{M(Nl __, 11ST. NO. 070022838 ZONE EO 100 0 100 200 RECEIVED York County NOV 2 5 2020 I ' Planning Division I >< LU 1z- 0u 1u- w Illa\ 0 cc: Q. Despite initial expectations, commercial development in the Marquis Center has stalled since 2012. In 2015, J.C. Penny closed its store and in 2017, Sam's Club an nounced that it would not proceed with development of the parcel it had acquired only months earlier. Parkway Center, LLC proposes to change the trajectory by converting 500 Marquis Parkway (the former J.C. Penny building) into a multi-use facility that includes retail, childcare, and assembly opportunities, as well as the -0 principal church use by its anchor, Foundations Church - a fast-growing local con ::0 gregation with active participation across the Virginia Peninsula and parts of the Mid 0 dle Peninsula . ' Since mid-2019 Foundations Church has been working with the current owner of m 500 Marquis Parkway to lease a portion of the space for a future permanent church n home. Recognizing the retail nature of the existing Marquis Center, in addition to current land-use and zoning constraints, Parkway Center, LLC is now working with -I officials from York County with the Church as the anchor tenant to purchase and l/') re-purpose the property. This development proposal reimagines the building as a - mixed-use facility balancing a number of commercial and community uses that --i will help revive the fortunes of the Marquis project. m PROPOSED REDEVELOPMENT 0::: 0 0::: LU ~ > Proposed West Main Entrance PROPOSED EXTERIOR 1. Conversion of large-box department store building to Mixed-Use Facility z consistent with the original small-retail/community services design for Phase 2 0 in the Marquis Center. V') 2. Repurposing overa ll use to smaller, alternative uses that promote income and foot-traffic and community uses such as assembly and conferences, - filling a demonstrated need for large-group meeting space in northern York > County. 1- 3. Daycare center generating regular daily visits to the Marquis shopping area u from young working families moving into the area due to the expanding supply w of apartments and single-family homes . ..., 4. Multiple small retail tenant opportunities include full-service and quick-serve 0 restaurant options, will meet an under-served, growing population in the im c,: mediate area . 5. Project includes a stable, pre-existing, local 'destination anchor' (Foundations 0. Church) whose weekday and weekend activities cater to the needs of hun dreds of members. a:: 0 a::- LU 1z- ut w ~ 0 a: 0. Proposed Indoor Seating at Cafe a: 0 a: LU 1z- 1u- .....w 0 a: CL PROJECT INTERIOR PROPOSED INTERIOR AUDITORIUM 1- The leadership of Parkway Center LLC includes prominent local business leaders and representatives of the anchor tenant, Foundations Church. The church is led z by Rev. Michael Hines and his wife Bonni who have spent over fifteen years in full <( time Christian ministry, working in the non-profit sector both here and abroad while z serving as both lay leaders, visiting ministers and pastoral staff at various churches, LJ.J small and large, in the United States and overseas. They currently live in Williams l- burg with their four teenage children . a: Originally from England, Michael Hines graduated from Oxford University with a 0 M.A. in English Language and Literature. After working in the House of Commons for the Leader of the Liberal Democrats, he was appointed spokesman and senior :c advisor to the Deputy First Minister and Minister of Economic Development for the u newly established Welsh Assembly in Cardiff. He resigned his position in 2002 to z marry Bonni - a graduate of the prestigious 'Writers Workshop' Master's Program at the University of Iowa and former Hollywood screenwriter. Together they relocat .,, cc ed to Jerusalem, Israel to pursue full-time Christian ministry oversees. 0 C:z C ::i -0 z From September 2018 to February 2020, Foundations Church met at the 150-ca pacity Legacy Hall in Williamsburg, moving to three Sunday services to accommo "' date the rapid growth in numbers. Despite the fact that numerous US churches have n seen their in-person attendance drop precipitously through the course of 2020, I Foundations Church continues to experience healthy growth in terms of both atten C dance and giving. Following the COVID-19 interregnum, where the worship team :::0 and pastor conducted live-streamed services from home, the church relaunched with two Sunday gatherings in a much larger space at the Doubletree Hotel at King n smill, just a few minutes from Marquis Parkway. I ROOM LEGEND ROOMSIZE CLASSIFICATIONSUMMARY PARKINGCALCULATIONS lf,if'.A PHIQ,IGC,..(U,l,'ll)N lloa 'IICTOR • SJ',l,CEI z AUDITORIUM •a • rCIIC!.lJ,fOI .... "~ ASSf)lft.YGil:U'l~ Parkway Center LLC In cooperation with Foundations Church Williamsburg, VA 23187 CONCEPTUAL SKETCH ROOM LEGEND z AUDITORIUM <( AUDITORIUM SEATING CHAPEL _J CHILDCARE 0.. CIRCULATION GATHERING MULTIPURPOSE cc OFFICE I SERVICE 0 TENANT - . _/ TENANT - OUTDOOR SPACE O .r TOILETS _f ! PLAYGROUN0 WORKFORCE TRAINING LL I #47 3614 SF 0:: #50 - - - - ~ . _ __ . _ . _ P~ R_C~L _B~ UN~AR~ . l 0 CHILDCARE / #46 / -0:: 7800 SF w TOILETS 145 1-z OFFICE - #43 / / #42 4848SF 3276SF COWORKING GATHERING TRAINING ... #35 INelJBATOR / / 9312 SF / #36 #34 TRAINING ► l 7646SF ENTRY f L2 ... , / i , / BOOKSTOR TENANT TENANT #14 #18 #22 #26 3509 SF 3511 SF 2633 SF 466( SF #01 #05 #09 #13 MAIN ENTRY NOV 2 5 -2020 Planning Division Tax Map No.011 4 7 GPIN H13b-4652-2897 Prepared by and return to: Vernon M. Geddy, III, Esquire (VSB#21902) (Attorney licensed to practice law in Virginia) Geddy, Harris, Franck & Hickman, LLP 1177 Jamestown Road Williamsburg, VA 23185 PROFFERED CONDITIONS THESE PROFFERS are made this __ day of ______, 2021 by and among MARQUIS INVESTMENTS LLC, a Virginia limited liability company("Marquis") (to be indexed as grantor), PARKWAY CENTER, LLC, a Virginia limited liability company (“Parkway”) (to be indexed as grantor), and the COUNTY OF YORK, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("County") (to be indexed as grantee). RECITALS A. Marquis is the owner of certain real property located in the County located at 500Marquis Parkway, GPIN H13b-4652-2897, Tax Parcel # 011 4 7 more particularly described on Exhibit A attached hereto and made part hereof (the “Property”). B. Parkway is the contract purchaser of the Property. C. Marquis and Parkway (collectively, the "Applicant") have filed an application (the "Application") requesting that the zoning of the Property be changed from EO - Economic Opportunity to GB – General Business with proffers in order to permit the development of a mixed-use facility, including a principal church use, retail, childcare, and assembly uses in the building formerly occupied by J. C. Penny (the Project"). D. In furtherance of the Application, the Applicant desires to voluntarily proffer the conditions specifically set forth herein, in addition to the regulations provided for by the York County Zoning Ordinance (the "Zoning Ordinance"). The Applicant agrees and, upon acceptance by the Board of Supervisors in connection with the approval of the Application, the County agrees that: (i) the rezoning itself gives rise to the need for the conditions; (ii) the conditions have a reasonable relation to the proposed change in zoning, and (iii) the conditions are in conformity with County's adopted comprehensive plan. F. The County constitutes a high-growth locality as defined by Section 15.2- Page 1 of 6 2298 of the Virginia Code. NOW, THEREFORE, for and in consideration of the approval by the County of the Application and pursuant to Section 15.2-2296, et seq., of the Virginia Code and the County Zoning Ordinance, the Applicant hereby voluntarily proffers and agrees that, if the Application is approved and the Board of Supervisors of the County rezones the Property from EO - Economic Opportunity to GB – General Business with proffers, then development of the Property shall be in strict accordance with the conditions set forth below: VOLUNTARY PROFFERS 1 Incorporation of Recitals. The Recitals set forth above shall be included and read as part of these Proffers and are incorporated herein by reference. 2. Prohibited Uses. The uses listed in this Section, permitted by right or with a special use permit in the GB zoning district, shall not be permitted on the Property: • Animal hospital, vet clinic, commercial kennel • Tobacco store (which includes vape shops) • Auto parts/accessories (new) • Small-engine repair (lawn and garden equipment, outboard motors, etc.) • Tool, household equipment, lawn & garden equipment, rental establishment • Contractor’s shops • Tourist home, Bed and Breakfast • Bus Terminal • Night Club • Fortune Teller • Pawn Shop • Video Arcade • Pool Hall • Billiards Hall • Bingo Hall 3. Reservation for Commercial Uses. At least 20,000 square feet within the building on the Property shall be used for or reserved for use by uses listed in Category 5 – Educational Uses, and/or Category 10 – Commercial/Retail and/or Category 11 – Business/Professional Services in the Table of Uses established by Section 24.1-306 of the Zoning Ordinance. 4 Successors and Assigns. These Proffers shall run with the title to the Property and shall be binding on the parties hereto and their respective successors and assigns: provided, however once a party ceases to own any portion of the Property, such party shall have no continuing liability hereunder. Page 2 of 6 5 Headings. All paragraph and subparagraph headings of the Proffers herein are for convenience only and are not part of these Proffers. 6. Void if Application Not Approved. In the event that the Application is not approved by the County or is overturned by subsequent judicial determination, these Proffers shall be null and void. [signatures appear on following pages] Page 3 of 6 [SIGNATURE PAGE TO PROFFERS] WITNESS the following signatures, thereunto duly authorized: OWNER: MARQUIS INVESTMENTS LLC By: ______ Print Name: ______Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me this __ day of ______, 2021 by ______as ______of Marquis Investments, LLC on behalf of the company. NOTARY PUBLIC My commission expires: ______Registration No.: ______ Page 4 of 6 [SIGNATURE PAGE TO PROFFERS] APPLICANT: PARKWAY CENTER, LLC By: ______ Print Name: ______Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me this __ day of ______, 2021 by ______as ______of Parkway Center, LLC on behalf of the company. NOTARY PUBLIC My commission expires: ______Registration No.: ______ Page 5 of 6 Exhibit A Page 6 of 6 LRI LANDTECH RESOURCES, INC. TRAFFIC TRIP GENERATION REPORT FOR PARKWAY CENTER, LLC. 500 Marquis Parkway York County, Virginia December 17, 2020 LRI#20-437 ENGINEERING & SURVEYING CONSULTANTS 205-E Bulifants Blvd. Williamsburg, VA 23188 Ph.: (757) 565-1677 Fax: (757) 565-0782 Web: landtechresources.com Marquis Williamsburg – JC Penny’s Site 500 Marquis Parkway, York County, Virginia The project site consists of a vacant JC Penny’s Department Store with adjacent dedicated parking located within the Marquis Shopping Center of York County. The site shares a central access point off Route 199 and Marquis Parkway with Target, Best Buy, Kohls, Dicks Sporting Goods stores located within the same shopping center, a Water Country employee entrance and the planned development of Marquis Hill subdivision. Land Use 875: Department Store A free-standing facility that specializes in the sale of a wide range of products including apparel, footwear, home products, bedding and linens, luggage, jewelry, and accessories. These stores typically maintain long hours of operations 7 days a week. We believe this would be the land use that matches the existing structure. The primary building square footage is listed as 105,264 sf per current York County Property Information records. Based on the square footage provided, the average trip counts per ITE 10th ed. for land use 875 are as follows: Sundays (No Counts Available) Department Store Weekday (AM Peak ) Department Store (2.14 / 1000 sf) 225 Existing JC Penny's Weekday (PM Peak) Land Use 875 Department Store (2.81 / 1000 sf) 296 105,264 sf Weekdays Daily Average Department Store (22.88 per 1000 sf) 2,408 Saturday (Peak) Department Store (3.45 / 1000 sf) 363 Saturday Daily Average Department Store (25.40 / 1000 sf) 2674 *no ITE counts for Sundays were available. Weekday pm Peak counts were used as a comparable number for this study. 1 | P a g e The Proposed Church & Associated Uses The proposed new uses for the existing building would be for a church, office space, child care, a bookstore, a café and five food-based tenant spaces. Some of the uses and operating times would be specific to church use only, with the tenant spaces remaining independent. Within the Church Groups there is assumed dual usage of some areas within the same time periods which would not cause additional trip counts but would instead be encompassed in the same Church Assembly trip counts. Church Assembly Groups 1 & 2 The following land uses have been used for the purposes of this study: Land Use 560: Church A church is a building in which public worship services are held. A church houses an assembly hall or sanctuary; it may also house meeting rooms, classrooms, and occasionally dining, catering or party facilities. Worship services are typically held on Sundays. Some offering day care or extended care programs during the week. Land Use 565: Day Care Center A day care center is a facility where care for pre-school age children is provided, normally during the daytime hours. Day care facilities generally include classrooms, offices, eating areas and playgrounds. Some centers also provide after-school care for school-age children. Land Use 936: Coffee/Donut Shop without Drive-Through Window This land use includes single-tenant coffee and donut restaurants without drive-through windows. Freshly brewed coffee and a variety of coffee-related accessories are the primary retail products sold at these sites. They may also sell other refreshment items, such as donuts, bagels, muffins, cakes, sandwiches, wraps, salads, and other hot and cold beverages. Some sites may also sell newspapers, music CDs, and books. The coffee and donut shops in this land use typically hold long store hours (more than 15 hours) with an early morning opening. Also, limited indoor seating is generally provided for patrons; however, table service is not provided. TRIP GENERATION Weekend: The anticipated trip generation would be highest during Sunday mornings when Sunday School classes and church services are typically held. Based on typical church usage, we anticipate no additional impact from Group 2 (the Gathering area, Multi-purpose room, child care, bookstore and Café) during all Sunday time periods as those usages would come from the same parishioners/trip counts and times. On Sundays, the child care, bookstore and cafe would be limited to only parishioners to avoid interference with the services. Trip generation counts on Saturdays would account for possible services and events such as weddings or church social activities for Group 1 & 2 and additional traffic for the Bookstore and 2 | P a g e Café. Although Child care trip generation has been shown for Saturdays, it would more than likely be encompassed under Group 1 traffic counts as a support entity of Group 1 activities for that time period and not as a singular entity generating traffic. Week days: Traffic for Group 1 would be minimal during the weekdays. Traffic counts shown for Group 2 during the week assume on-going Child Care as a singular entity generating traffic. This would only come in to play should the church decide to provide a day care service to either parishioners or to the public. No increase in mid-week traffic is anticipated for the Multipurpose/Gathering area beyond what is generated from Group 1 counts. It is assumed that the bookstore and café would be closed to the public on Sundays but open mid-week to public. Trip generation reports are only available for a larger typical free-standing book superstore. Since no applicable reports were available for a small interior bookstore, the square footage was totaled in with the Café for count purposes. The Land Use 936 does account for possible book sales within the same use. We believe this use with the combined square footage of the two areas gives a more accurate scenario given the parallel opening and closing to the public. Sundays (Peak Hour) Assembly Area (9.99 per 1000 sf) 183 Assembly Area (0.54 x 1540 seats) 832 Sunday Daily Average Assembly Area (27.63 per 1000 sf) 506 Church Assembly Group Assembly Area (1.21 x 1540 seats) 1863 1 Land Use 560 Weekday (Peak 7am-9am) 18,327 sf Assembly Area (0.33 per 1000 sf) 6 1540 seats Assembly Area (0.01 x 1540 seats) 15 Weekday (Peak 4pm-6pm) Assembly Area (0.49 per 1000 sf) 9 Assembly Area (0.03 x 1540 seats) 46 Weekdays Daily Average Assembly Area (6.95 per 1000 sf) 127 Assembly Area (0.44 x 1540 seats) 678 Saturday (Peak Hour) Assembly Area (2.78 per 1000 sf) 51 Assembly Area (0.44 x 1540 seats) 678 Saturday Daily Average Assembly Area (5.99 per 1000 sf) 110 Assembly Area (0.25 x 1540 seats) 385 3 | P a g e Sundays (Peak Hour) Gathering Area / Multipurpose Room (14,160 sf) see note 1 Bookstore & Café (not available) see note 1 Child Care (1.75 per 1000 sf) see note 1 Sundays Church Assembly Group Gathering Area / Multipurpose Room (14,160 sf) see note 1 2 Multipurpose Room Bookstore & Café (not available) see note 1 Gathering Area Child Care (5.84 per 1000 sf) see note 1 14,160 sf Weekday (Peak am) Gathering Area / Multipurpose Room (14,160 sf) see note 1 Bookstore, Café Bookstore & Café (79.91 per 1000 sf) see note 3 612 Land Use 936 Child Care (11.73 per 1000 sf) see note 2 91 7,656 sf Weekday (Peak pm) Gathering Area / Multipurpose Room (14,160 sf) see note 1 Child Care Bookstore & Café (28.23 per 1000 sf) see note 3 216 Land Use 565 Child Care (11.82 per 1000 sf) see note 2 92 7,800 sf Weekdays Daily Average Gathering Area / Multipurpose Room (14,160 sf) see note 1 Bookstore & Café (not available) not available Child Care (47.62 per 1000 sf) see note 2 371 Saturday (Peak) Gathering Area / Multipurpose Room (14,160 sf) see note 1 Bookstore & Café (59.01 per 1000 sf) see note 3 452 Child Care (1.70 per 1000 sf) see note 2 13 Saturday Daily Average Gathering Area / Multipurpose Room (14,160 sf) see note 1 Bookstore & Café (not available) not available Child Care (6.22 per 1000 sf) see note 2 49 4 | P a g e Church Assembly Groups 3 The following land use has been used for the purposes of this study: Land Use 715: Single Tenant Office Building A single tenant office building generally contains offices, meeting rooms and space for file storage and data processing of a single business or company and possibly other service functions including a restaurant or cafeteria. TRIP GENERATION Weekend & Weekday: The assumption is that minimal traffic would be generated from Group 3 with the majority of traffic being generated from Tenants and Group 1 events. Although minimal, the Co-working Training Incubator and the dedicated office space will have traffic generated as a singular entity during the week. A portion of the Training area may be dedicated as additional office space for public use during the week. Traffic for a single tenant office building would be the closest applicable trip study available. Counts shown are using square footage calculations; however, given that the usage would not be a typical business office scenario, under the true scenario we believe the counts would prove to be lower. Sundays Office Meeting Rooms see note 1 Church Assembly Group Co-working Training Incubator 3 Office Weekday (Peak am) Land Use 715 Office (1.78 per 1000 sf) 6 3276 sf Meeting Rooms (1.78 per 1000 sf) see note 1 Co-working Training Incubator (1.78 per 1000 sf) 14 Meeting Rooms Weekday (Peak pm) Land Use 715 Office (1.71 per 1000 sf) 6 1288 sf Meeting Rooms (1.71 per 1000 sf) see note 1 Co-working Training Incubator (1.71 per 1000 sf) 13 Co-working Training Weekdays Daily Average Incubator Office (11.25 per 1000 sf) 37 Land Use 715 Meeting Rooms (11.25 per 1000 sf) see note 1 7646 sf Co-working Training Incubator (11.25 per 1000 sf) 86 Saturday (Peak) Office (not available) Meeting Rooms (not available) see note 1 Co-working Training Incubator (not available) 5 | P a g e Tenants Units 02, 06, 10, 22 & 26 The following land use has been used for the purposes of this study: Land Use 930: Fast Casual Restaurant A fast casual restaurant is a sit down restaurant with no wait staff or table service. Customers typically order off a menu board, pay for food before the food is prepared and seat themselves. Actual trip generations may vary depending on times of operation and whether breakfast is served at a particular location. Trip study data available was based on very small sample sizes. TRIP GENERATION Weekend & Weekdays: The trip generation is based on square footage and operation 7 days a week with daily averages being slightly higher on weekends. While there may be some overlap in counts with the groups, we anticipate the bulk of trips being a separate entity from Church Assembly Groups, not inclusive of their totals. Sundays (Peak) *Not available 0 Sunday Daily Average *Not available 0 Weekday (Peak am) Tenants (Food Based) Tenants (36.21 per 1000 sf) 541 Land Use 930 Weekday (Peak pm) Units 02, 06, 10, 22, 26 Tenants (43.79 per 1000 sf) 654 14,939 sf Weekdays Daily Average (see note 4) Tenants (315.17 per 1000 sf) 4708 Saturday (Peak) Tenants (34.02 per 1000 sf) 508 Saturday Daily Average Tenants (318.62 per 1000 sf) 4760 *no ITE counts for Sundays were available. Notes: 1) Anticipate no additional impact during this time. Any trip counts would be inclusive of trips for Church Assembly Group 1. 2) This calculation assumes Child Care activities throughout the week. If calculation were based on average number of children instead of square footage, trip generation would be significantly less than shown. 3) No applicable trip study for an interior bookstore; all trip generations based on Land Use936 Coffee/Donut Shop without Drive-through window using total square footage of Bookstore & Café’ (indoor & outdoor areas). 4) Tenant Outdoor seating areas were not included in the square footage calculations as use of these areas would be highly dependent upon weather and seasonal temperature. 6 | P a g e Trip Generation Totals Using trip generation based on square footage, the totals show that the counts would be significantly less on Sundays under the proposed use vs. the current use. Under Group 1, the trip generations are much higher using Seating vs. Square footage. We believe under the typical family scenario of parishioners that the square footage presents a more accurate depiction of traffic volumes. The remainder of the week would be much higher mainly due to the food-based tenant areas. Although the counts are much higher than the previous use, we believe this to be exaggerated from what could be expected. It is probable that much of the traffic base at this location would be a duplicate of existing traffic to and from the adjoining retail shopping center. Due to the location, it is anticipated that the main pull of traffic would still come from the existing shopping center’s adjoining major stores. TRIP GENERATION TOTALS SUNDAYS (PEAK HOUR) 183 WEEKDAYS (PEAK AM) 1270 WEEKDAYS (PEAK PM) 990 SATURDAYS (PEAK HOUR) 1024 * no ITE counts for were available Tenants on Sundays, and as a result are not reflected in total. 7 | P a g e USES THAT WOULD BE PERMITTED BY RIGHT (P) OR WITH A SPECIAL USE PERMIT (S) IN THE 20,000 SQUARE FEET OF RESERVED COMMERCIAL SPACE CATEGORY 5 – EDUCATIONAL USES Pre‐school, Child Care, Nursery School P Elementary, Intermediate, High School and/or Vo‐Tech and Related Support Facilities (a) York County Public Schools P (b) Other P Technical, Vocational, Business School P College/University P CATEGORY 10 – COMMERCIAL/RETAIL Antiques/Reproductions, Art Gallery P Wearing Apparel Store P Appliance Sales P Auction House P Convenience Store S Grocery Store P Book, Magazine, Card Shop P Camera Shop, One‐Hour Photo Service P Florist P Gifts, Souvenirs Shop P Hardware, Paint Store P Hobby, Craft Shop P Household Furnishings, Furniture P Jewelry Store P Lumberyard, Building Materials S Music, Records, Video Tapes P Drug Store P Radio and TV Sales P Sporting Goods Store P Firearms Sales and Service S Toy Store P Gourmet Items/Health Foods/Candy/Specialty Foods/Bakery Shops P ABC Store P Bait, Tackle/Marine Supplies Including Incidental Grocery Sales P Office Equipment & Supplies P Pet Store P Bike Store, Including Rental/Repair P Piece Goods, Sewing Supplies P Optical Goods, Health Aids or Appliances P Fish, Seafood Store P Department, Variety, Discount Store P Secondhand, Used Merchandise Retailers (household items, etc.) (a) Without outside display/storage P (b) With outside display/storage S Storage shed and utility building sales/display S Home Improvement Center P CATEGORY 11 – BUSINESS/PROFESSIONAL SERVICE USES THAT WOULD BE PERMITTED BY RIGHT (P) OR WITH A SPECIAL USE PERMIT (S) IN THE 20,000 SQUARE FEET OF RESERVED COMMERCIAL SPACE Broadcasting Studio P Barber/Beauty Shop P Apparel Services (Dry Cleaning/Laundry retail) Laundromat, Tailor, Shoe Repair, etc.) P Funeral Home (may include cremation services P Cremation Services (human or pets) S Photographic Studio P Film Processing Lab P Household Items Repair P Banks, Financial Institutions P Freestanding Automatic Teller Machines P Payday Loan Establishments S Offices P Hotel & Motel P Timeshare Resort S Restaurant/Sit Down P Restaurant/Brew‐Pub P Restaurant/Fast Food P Restaurant/Drive In P Restaurant – Carryout/Delivery only P Catering Kitchen/Services P USES THAT WOULD BE PERMITTED BY RIGHT IN THE REMAINING 85,000 SQUARE FEET THAT ARE NOT PERMITTED BY RIGHT UNDER THE CURRENT EO ZONING Meeting Halls, Recreational, Social Uses, or Private Clubs Operated by Social, Fraternal, Civic, Public, or Similar Organizations Elementary, Intermediate, High School and/or Vo‐Tech and Related Support Facilities (a) York County Public Schools (b) Other Place of Worship including Accessory Parsonage, Parochial School, Accessory Day Care, Accessory Cemetery Cemetery County Jail Golf Driving Range Auction House Restaurant/Fast Food Restaurant/Drive In Restaurant ‐ Carryout/Delivery only Catering Kitchen/Services Boat Sales, Service, Rental, and Fuel Dispensing Taxi or Limousine Service Wholesale Auction Establishment without outdoor storage/activity Sales, Distribution, & Installation of Glass, Including Windows, Mirrors, and/or Automobile Glass PC21-2 PLANNING COMMISSION COUNTY OF YORK YORKTOWN, VIRGINIA Resolution At a regular meeting of the York County Planning Commission held in the Board Room, York Hall, Yorktown, Virginia, on the ____ day of _____, 2021: ______ Present Vote Michael S. King, Chair Glen D. Titus, Vice Chair Montgoussaint E. Jons Mary P. Leedom Robert T. Criner Robert W. Peterman Bruce R. Sturk ______ On motion of ______, which carried ___, the following resolution was adopted: A RESOLUTION TO RECOMMEND APPROVAL OF AN APPLICATION TO REZONE 8.8 ACRES AT 500 MARQUIS PARKWAY FROM EO TO GB SUBJECT TO VOLUNTARILY PROFFERED CONDITIONS WHEREAS, Parkway Center, LLC has submitted Application No. ZM-189-21 to requests to amend the York County Zoning Map by reclassifying an 8.8-acre parcel of land located at 500 Marquis Parkway and further identified as Assessor’s Parcel No. 11- 04-00-007 (GPIN H13b-4652-2897) from EO (Economic Opportunity) to GB (General Business) subject to voluntarily proffered conditions; and WHEREAS, said application has been forwarded to the York County Planning Commission in accordance with applicable procedure; and WHEREAS, the Planning Commission has conducted a duly advertised public hearing on this application; and WHEREAS, the Commission has carefully considered the public comments with respect to this application; NOW, THEREFORE, BE IT RESOLVED by the York County Planning Commission this the ___ day of ______, 2021, that Application No. ZM-189-21 be, PC21-2 Page 2 and it is hereby, transmitted to the York County Board of Supervisors with a recommendation of approval to amend the York County Zoning Map by reclassifying an 8.8-acre parcel of land located at 500 Marquis Parkway and further identified as Assessor’s Parcel No. 11-04-00-007 (GPIN H13b-4652-2897) from EO (Economic Opportunity) to GB (General Business) subject to voluntarily proffered conditions set forth in the proffer statement titled “PROFFERED CONDITIONS” dated ______and signed by ______. BE IT FURTHER RESOLVED that in accordance with Section 24.1-114(e)(i) of the York County Zoning Ordinance, a certified copy of the ordinance authorizing this rezoning, together with a duly signed copy of the proffer statement, shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the Clerk of the Circuit Court prior to the approval of a site plan or the issuance of any building permits for the subject property.