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January 28, 2009 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0116
Baxter Harrington
Clover Hill Magisterial District
Off the north line of Hull Street Road
RE VEST: Amendment to Conditional Use Planned Development (Case 875045) relative to
buffer requirements.
PROPOSED LAND USE:
Conditions of Case 875045 require the provision of a 100 foot buffer incorporating
an eight (8) foot high chain link fence with wooden slats along the northwest and
northeast boundaries of the property adjacent to Genito Forest Subdivision. The
applicant is requesting deletion of this fencing requirement. (Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
The fencing condition was negotiated with area property owners. After consideration of public
input, should the Commission and Board wish to approve this amendment, imposition of the
Condition would be appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(STAFF/CPC) The provision of fencing within the 100 foot buffer along the northwest and
northeast boundaries of the Corporate Office (0-2) tract per Condition 8.c of
Case 875045 shall not be required provided use of this property is limited to
church use. (P)
(Note: This Condition is in addition to Condition 8.c of Case 875045 for the
subject property.)
GENERAL INFORMATION
T ,n~ati nn
Off the north line of Hull Street Road, west of Woodsong Drive. Tax ID 744-685-Part of
2207.
Existin.~ Zoning:
0-2 with Conditional Use Planned Development
Size:
7.1 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North and East - R-12; Single family residential
South - 0-2 with Conditional Use Planned Development;
West - C-3 and R-TH, both with Conditional Use Planned Development; Commercial or
vacant
UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES
The proposed amendment will have no impact on these facilities.
2 09SN0116 JAN28-BOS-RPT
T ,ANn T T~F,
Comprehensive Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Plan which
suggests the property is appropriate for office and medium residential use of 1.51 to 4.0
units per acre.
Area Development Trends:
Adjacent properties located at the Hull Street/Genito Road intersection are zoned
Community Business (C-3) and are developed as part of the Genito Crossing Shopping
Center. Properties to the northeast and southwest are zoned Residential (R-12) and
Residential Townhouse (R-TH) and are developed as the Genito Forest Subdivision or
remain vacant. The subj ect property was zoned and conditioned to offer transition between
the aforementioned commercial and residential uses.
Zonin H.~ istory:
On July 22, 1987, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the rezoning of a 14.5 acre tract located at the northwest
quadrant of the intersection of Hull Street Road and Woodsong Drive to Office Business
(0) and Community Business (B-2) with Conditional Use Planned Development to
permit acommercial/office complex (Case 875045). Use exceptions to permit
office/warehouses, warehouses and/or theater parking within the Office Business (0)
tract were also granted. The property was subsequently developed for retail shops and a
theater. The subject property incorporates the parking for the former theater which is
now occupied by a church use.
Conditions of Case 875045 required the provision of a 100 foot buffer along the
northwest and northeast boundaries of the Office Business (0) tract adjacent to the
Genito Forest Subdivision. Within this buffer, conditions required the provision of an
eight (8) foot high chain link fence with wooden slats to be located a minimum of ninety
(90) feet from the property line (Condition 8.c of Case 875045). The condition indicated
that this fence, in combination with the existing vegetation with possible
supplementation, should screen this proj ect from adj acent residential properties.
R~affer~~
As previously noted, Case 875045 permitted use exceptions in this 0-2 tract to include
office/warehouses, warehouses and/or theater parking, all of which are first permitted in
the Community Business (C-3) District. Although the Zoning Ordinance requires the
provision of aseventy-five (75) foot vegetated buffer between C-3 and adjoining residential
uses, reduced to fifty (50) feet for 0-2 uses, conditions of zoning required the provision of a
100 foot vegetated buffer with fencing. (Condition 8.c of Case 875045)
3 09SN0116 JAN28-BOS-RPT
The applicant continues to maintain the 100 foot vegetated buffer, but is requesting an
amendment to delete the fencing requirement within this buffer for church use only
(Proffered Condition).
CONCLUSION
The conditions requiring the provision of fencing within the buffer were negotiated with area
property owners. After consideration of public input, should the Commission and Board wish to
approve this amendment, the imposition of the Condition as it affects the subject property would be
appropriate.
CASE HISTORY
Planning Commission Meeting (10/21/08):
On their own motion, the Commission deferred this case to their December 16, 2008
meeting.
Staff (10/22/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 27, 2008 for consideration at the
Commission's December 16, 2008 public hearing.
Staff (11 /24/08)
To date, no new information has been submitted.
Applicant (12/l l/08):
The applicant submitted the Proffered Condition.
Planning Commission Meeting (12/16/08):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the Proffered Condition on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
4 09SN0116 JAN28-BOS-RPT
The Board of Supervisors, on Wednesday, January 28, 2009, beginning at 6:30pm, will take
under consideration this request.
09SN0116 JAN28-BOS-RPT
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