Submitted by: At the Request of the City Administrator
Submitting Department: Community & Economic Development
Agenda Section: Action
Item Title:
title
Queens Chapel Town Center - Amendment to Conditions of Approval for CSP-10002 and DSP-10011 - Notice of Appeal
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Suggested Action:
recommendation
I move the City Council authorize the Mayor to file a written appeal with the Prince George’s County District Council regarding the decision of the Zoning Hearing Examiner for CSP-10002 and DSP-10011, a decision to amend the Conditions of Approval for CSP-10002 and DSP-10011.
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Summary Background:
On December 15, 2021, the Zoning Hearing Examiner, Maurene Epps McNeil, considered the application for amendment to the conditions stipulated by the Prince George’s County District Council for CSP-1002 and DSP-10011, permitting the limited use of restaurant with drive-through use for a pad site at Queens Chapel Town Center, Hyattsville. The subject property located within the West Hyattsville Transit District.
Included in the packet is the ZHE decision, City correspondence and procedures for appealing the ZHE decision to the Prince George’s County District Council.
In its ruling, the Zoning Hearing Examiner concluded the following,
“I would recommend that Condition 3(c) in CSP-10002-C and DSP-10011-C be revised as follows:
Within Queens Chapel Town Center, any eating or drinking establishment, with drive-through service, operating pursuant to an approved detailed site plan as of the effective date of County Council Resolution CR-24-2006, shall remain valid, be considered a legal use, and shall not be deemed a nonconforming use. Notwithstanding the above, any cessation of the use for a period of time in excess of 180 calendar days that is not caused by permissible renovations to the use nor required to address Code violations shall constitute abandonment of the use. If the use has temporarily ceased operation due to permissible renovation or to address a Code violation it shall be reestablished within one (1) calendar year from the date upon which the use last ceased.
Future redevelopment of the entire Queens Chapel Town Center Property, as shown on CSP-10002-C and DSP-10011-C, shall not include a quick service restaurant with or without drive-through if the use is not permitted in the zone at the time of redevelopment.”
Next Steps:
The Zoning Hearing Examiner’s decision shall become final 15 calendar days (April 9, 2022) after the above filing date unless:
(1) Written appeal within 15 days of the above date is filed* with the District Council by any person of record or by the People's Zoning Counsel; or
(2) The District Council directs the case be transmitted to the Council for final disposition by the Council.
Fiscal Impact:
N/A
City Administrator Comments:
Recommend support.
Community Engagement:
The City previously adopted a recommendation to oppose amendments that would permit the continued restaurant with drive-through use at the subject site.
Strategic Goals:
Goal 2 - Ensure the Long-Term Economic Viability of the City
Legal Review Required?
Pending