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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0226
Richard E. Strauss
Clover Hill Magisterial District
East line of Johnston Willis Drive
RE VEST:
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November 18, 2009 B S
(AMENDED) Rezoning from Light Industrial (I-1) District to General Business (C-
5)District.
PROPOSED LAND USE:
Commercial uses as restricted by Proffered Condition 1 are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the Northern Area Plan suggests the property is appropriate for office use,
the area has developed with uses that are more intense than those suggested by the
Plan.
B. The proposed uses are representative of, and compatible with, existing area
development and are no more intense than uses currently developed on the
property.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
Providing a FIRST CHOICE community through excellence in public service
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. The following uses shall not be permitted:
a. Convenience stores
b. Drugstore/pharmacy
c. Grocery stores
d. Hardware store
e. Restaurants
f. Shopping centers
g. Clothing stores
h. Department stores
i. Funeral homes or mortuaries
j. Furniture stores
k. Meat or seafood markets
1. Medical facilities or clinics
m. Pet shops, including pet grooming
n. Radio, television and other home entertainment, sales and
services
o. Rest, convalescent or nursing homes and other group care
facilities
p. Sporting goods sales
q. Toy stores
r. Veterinary clinics
s. Automobile self service and service stations
t. Hospitals
u. Cocktail lounges and nightclubs
v. Home centers
w. Hotels
x. Indoor flea markets
y. Recreational establishments, commercial in-door and
outdoor
z. Theaters, to include drive-in theaters
aa. Veterinary hospitals and/or commercial kennels
bb. Material reclamation receiving centers
cc. Travel trailer parks
dd. Boat sales, service, repair and rental
ee. Building material sales yards
ff. Contractor's shops and storage yards
gg. Display sheds, garages, carports and houses sales including
"shell" houses sales
hh. Manufactured home, modular home and travel trailer sales,
service, repair and rental
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11. Motels, motor courts or tourist homes
j j . Tractor-trailer service stations
kk. Utility trailer and truck sales, service and repair, except for
municipal vehicles
11. Truck terminals
mm. Manufacturing of apparel and other finished products made
from fabrics, leather and similar materials, except leather
tanning
nn. Bakery products manufacturing
oo. Blending, mixing and compounding of manufactured goods
pp. Bottling and canning soft drinks and carbonated water
qq. Broom and brush manufacturing
rr. Confectionery and related products manufacturing
ss. Converting paper to paperboard products, paperboard
containers and boxes
tt. Cosmetics and toiletries (compounding only)
manufacturing
uu. Dry cleaning plants
vv. Fabricating sheet metal products
ww. Freight forwarding, packaging and crating services
xx. Linoleum, asphalt-feltbase and other hard surface floor
manufacturing
yy. Mortician's goods manufacturing
zz. Paper recycling by the compaction method
aaa. Wine, brandy and brandy spirits manufacturing
bbb. Schools -commercial, trade, music, dance, business,
vocational and training (P)
(STAFF/CPC) 2. The building materials and architectural elevations shall be similar
to those depicted in the "Exhibit". Overhead doors on the front of
the building shall be limited to a maximum of two (2) ten (10) foot
doors. (P)
GENERAL INFORMATION
Location:
East line of Johnston Willis Drive, north of Trade Court. Tax IDs 746-707-6940 and 6556.
Existing Zoning:
I-1 with Conditional Use Planned Development
Size:
2.5 acres
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Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North and South - I-1 with Conditional Use Planned Development; Commercial or vacant
East - R-7 with Conditional Use; Multi-family residential
West - C-5 with Conditional Use Planned Development; Office
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Public Water System:
The request site is within the Robious Water Pressure Zone. There is a twelve (12) inch
water line that runs along the eastern side of Johnston Willis Drive, adjacent to the site. The
site is connected to the public water system. If warranted, a larger meter and service line
will need to be installed at the developer's expense. Use of the public water system is
required to serve any future building constructed on the site.
Public Wastewater S,, sue:
The request site is located in the Pocoshock Creek Sewer Service Area. There is an eight
(8) inch wastewater line running along Johnston Willis Drive, adjacent to this site. The
site is connected to the public wastewater system. Use of the public wastewater system is
required to serve any future building constructed on the request site.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire ~ervice~
The Courthouse Road Station, Company Number 20, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS) to this site
This request will have a minimal impact on Fire and EMS.
County Department of Transportation:
This request will have a minimal impact on the existing transportation network.
4 09SN0226-NOV18-BOS-RPT
Virginia Department of Transportation:
Information received concerning traffic generation for this project indicates acceptable
levels of traffic impact. Therefore, VDOT has no comment on the proposed change of
use.
T,ANn TIFF.
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for office use.
Area Development Trends:
Area properties to the north, south and west have been zoned and developed for a mix of
office, commercial and industrial uses or remain vacant. Adjacent property to the east is
occupied by the Sunrise Apartment complex. While the Plan suggests office uses are
appropriate for this property, given current area development and zoning, it is anticipated
additional industrial and limited commercial development will continue.
Zonin H.~ istory:
On May 23, 1984, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning with Conditional Use Planned Development on
the request property and adjacent property to the north, south and west (Case 83SN0024).
With the approval of Case 83 SN0024, conditions were approved which, included
limitation of uses on the request property.
On January 22, 1986, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved an amendment to Case 83 SN0024 relative to
required road improvements and signs (Case 85SN0165). This amendment included the
request property.
On July 23, 2003, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 83 SN0024 relative to uses (Case
03 SN0273). With the approval of Case 03 SN0273, limited motor vehicle services and
repairs were permitted on the request property only.
Uses:
At the request of the Clover Hill Commissioner, several General Business (C-5) uses as
well as other uses deemed incompatible with existing and anticipated area development
have been eliminated. (Proffered Condition 1)
5 09SN0226-NOV18-BOS-RPT
Development Standards:
The request property lies within the Post Development Area. The purpose of the Post
Development District Standards is to provide flexible design criteria in areas that have
already experienced development and ensure continuity of development. Redevelopment of
this site or new construction must conform to the requirements of the Zoning Ordinance,
which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers,
utilities and screening of dumpsters and loading areas.
Architectural Treatment:
Architectural treatment of buildings, including materials, color and style, must be
compatible with buildings located within the same project. Compatibility may be achieved
through the use of similar building massing, materials, scale, colors and architectural
features.
Within Post Development Districts, no building exterior which would be visible to any
public right-of way may be constructed of unadorned concrete block or corrugated and/or
sheet metal. In addition to these requirements, to address concerns of the Clover Hill
District Commissioner, the applicant has submitted elevations depicting the architectural
materials proposed for use in the construction of buildings on the property. (Proffered
Condition 2)
CONCLUSION
While the Northern Area Plan suggests the property is appropriate for office use, the area has
developed with uses that are more intense than those suggested by the Plan. In addition, the
proposed uses, as proffered, are representative of, and compatible with, existing area
development and are no more intense than uses currently developed on the property.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/18/09):
On their own motion, the Commission deferred this case to their October 20, 2009
meeting.
6 09SN0226-NOV18-BOS-RPT
Staff (8/19/09):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than August 25, 2009 for consideration at the Commission's
October public hearing.
Applicant (9/3/09):
The application was amended.
Applicant (9/24/09):
Proffered conditions were submitted.
Planning Commission Meeting (10/20/09):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, November 18, 2009, beginning at 6:30 p.m., will take
under consideration this request.
7 09SN0226-NOV18-BOS-RPT
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