2018.01.08 Council Agenda Item 03
Summary
Discussion regarding a citizen request to amend the Land Use Ordinance to allow contract zoning applications to be made for projects located in the Village Center 1 (VC-1) district.
A public comment period will not be included with this item.
ACTION: Council action is not anticipated.
Description
BACKGROUND
Section 19-26.5. of the Land Use Ordinance established a Contract Zoning option for rezoning of property in Falmouth. This option was created to "fully deal with the unusual nature or unique location of specific proposals for development. In these special situations, more flexible and adaptable zoning methods are needed to assure public benefit and mitigate potential negative impacts on subject, abutting, and nearby properties." Rezoning under this section is only permitted in BP, VMU, MUC, GRSD, RA, RB, RC and RD districts, and not in the VC-1 district, for example.
REQUEST
Ford Reiche, representing the P&K Realty Trust, LLC, is requesting that the Council "consider an ordinance amendment to allow contract zoning in the VC-1 District, specifically along the recently improved section of Route 1." P&K Realty Trust owns several buildings on Route 1: the former Pratt-Abbott site, McDonald's property, and abutting former Five County Federal Credit Union site, at 223, 227 and 231 Route 1 respectively.
The request states that "(t)he Town has made a significant commitment to upgrading the Route 1 corridor, which included enactment of new zoning ordinances. We are finding that some of these ordinance provisions are difficult to apply effectively to our properties at 223, 227 and 231 Route 1. Further, prospective tenants at two of our vacant properties are expressing concerns. While the Town is attempting to transition Route 1 to something consistent with the long term planning vision, it may be that contract zoning could allow flexibility to accomplish everyone’s goals most effectively."
P&K Realty Trust and its broker stated in discussions with Town staff that one of the concerns expressed by prospective tenants is that their proposed uses require inclusion of a drive-through. The VC-1 district (see section 19-11.3.1) specifically prohibits restaurant drive-throughs, but allows, for example, drive-throughs associated with financial institutions.