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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
l OSN0256
Michael McCaffery
Matoaca Magisterial District
South line of Hull Street Road
September 22, 2010 BS
RE VEST: Amendment of zoning (Case 07SN0307) relative to uses and hours of operation.
PROPOSED LAND USE:
Commercial uses are planned. Case 07SN0307 currently limits uses to those
permitted by right or with restrictions in the Neighborhood Business (C-2) District,
with some exclusions, plus several Community Business (C-3) uses (Proffered
Condition 4). Further, hours of operation for commercial uses are limited to between
6:00 a.m. and 12:00 midnight with the exception of one (1) restaurant which must
close by 1:00 a.m. (Proffered Condition 11). With approval of this request,
additional C-2 and C-3 uses would be permitted and limitations on hours of
operation would be eliminated. (Proffered Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Conditions regarding uses and hours of operation were negotiated with area property owners.
After public hearing, should the Commission and Board wish to approve this request, acceptance
of the proffered condition would be appropriate.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. CONDITIONS
NOTED WITH STAFF/CPC WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(STAFF/CPC) Uses. Uses within the Community Business (C-3) District shall be limited to
those uses permitted by right or with restrictions in the Neighborhood
Business (C-2) District, except as noted below, plus the following
Community Business (C-3) uses:
i. Carpenter and cabinetmakers' offices and display rooms
11. Contractors' offices and display rooms
111. Electrical, plumbing, or heating supply sales, service and related
display rooms
iv. Fast food restaurants
v. Continuous outside display of merchandise for sale, as accessory to a
permitted use
vi. Feed, seed and ice sales
..
vll. Fraterna uses
Vlll. Greenhouses or nurseries
lx. Hote s
x. DELETED
xi. Liquor stores
xii. Motor vehicle washes
X111. Recreational establishments, commercial -indoor
xiv. Repair services excluding motor vehicle repair
xv. Restaurants, including carry-out
xvi. Schools -commercial, trade, vocational, and training
XVII. Secondhand and consignment stores, excluding motor vehicle
consignment lots
xviii. DELETED
xix. Veterinary hospitals and/or commercial kennels, excluding outside
runs
xx. The following Neighborhood Business (C-2) uses shall be
prohibited:
l .) Communications towers
2.) Hospitals
3.) Temporary outdoor Christmas tree sales
(Staff Notes: A. Uses underlined represent uses not included with Case 07SN0307.
B. With approval of this request, limitations on hours of operation referenced in
Proffered Condition 11 of Case 07SN0307 are deleted for the subject
property only. With the exception of Proffered Conditions 4 and 11, as
amended herein, all Proffered Condition 11 of Case 07SN0307 are deleted
for the subject property only. With the exception of Proffered Conditions 4
and 11, as amended herein, all previous conditions of Case 07SN03 07 shall
remain in effect.)
2 10SN0256-SEP22-BOS-RPT
GENERAL INFORMATION
T ,n~ati nn
South line of Hull Street Road, west of Mockingbird Lane. Tax IDs 729-673-5883 and Part
of 8052; and 729-674-8507.
Existing Zoning:
C-3 with Conditional Use Planned Development
Size:
4.7 acres
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North - 0-2 with Conditional Use Planned Development; Commercial
South - 0-2 with Conditional Use Planned Development; Vacant
East - C-2 and 0-2 with Conditional Use Planned Development; Commercial or office
West - C-5; Commercial
T TTTT ,TTTFC
Public Water System:
Current conditions require connection to both the public water and wastewater systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire ~Prvice~
The Clover Hill Fire Station, Company Number 7, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
3 10SN0256-SEP22-BOS-RPT
County Department of Transportation:
This amendment will have the same traffic impact as the previously approved zoning
case. At time of site plan review, specific recommendations will be provided regarding
access and internal circulation.
Virginia Department of Transportation (VDOT):
This request will have no impact on these facilities.
T,ANn TIFF.
Comprehensive Plan:
The subject property is located within the boundaries of the Upper Swift Creek Plan which
suggests the property is appropriate for community scale commercial and office uses.
Area Development Trends:
Property to the north is zoned Corporate Office (0-2) and is part of the Harbour Pointe
development. Property to the south is zoned Corporate Office (0-2) and is vacant. Property
to the east is occupied by a mix of commercial and office uses known as the Harbourside
Center. Property to the west is developed as a self storage facility.
Zonin H.~ istory:
On September 26, 2007, the Board of Supervisors, upon a favorable recommendation by
the Commission, approved a rezoning to Corporate Office (0-2) and Community
Business (C-3) with Conditional Use Planned Development to permit exceptions relative
to architectural treatment and compatibility (Case 07SN0307). Proffered Conditions, in
part, limited uses within the C-3 portion and hours of operation for both the C-3 and 0-2
portions (Proffered Conditions 4 and 11). These limitations were negotiated with area
residents. The subject of the current request represents the C-3 portion of the property.
Uses:
Proffered Condition 4 of Case 07SN0307 allows uses permitted by right or with restrictions
in the Neighborhood Business (C-2) District, except for seven (7) prohibited C-2 uses, plus
several Community Business (C-3) uses. The applicant is requesting an amendment to
permit four (4) of these prohibited C-2 uses (gasoline sales, funeral homes, automobile self
service stations and greenhouses or nurseries). Further, the applicant is requesting several
additional C-3 uses, as noted in the Proffered Condition. Of these uses, two (2) are currently
permitted by Case 07SN0307 subject to restrictions. Specifically, schools are limited to
3,000 gross square feet in area. Fast food restaurants are limited to 2,500 gross square feet in
area, and must not be freestanding facilities nor located within 250 feet of Hull Street Road.
With this amendment, these restrictions would be eliminated.
4 10SN0256-SEP22-BOS-RPT
Hours of Operation:
Within the C-3 District, the Ordinance does not limit hours of operation for uses.
Proffered Condition 11, in part, limits hours of operation for uses in the C-3 District to
between 6:00 a.m. and 12:00 midnight (with the exception of allowing one (1) restaurant
to operate until 1:00 a.m.). Deletion of this proffered condition is requested.
CONCLUSION
Conditions regarding uses and hours of operation were negotiated with area property owners.
After public hearing, should the Commission and Board wish to approve this request, acceptance
of the proffered condition would be appropriate.
CASE HISTORY
Applicant (8/17/10):
In response to concerns of an adjacent property owner, the Proffered Condition was
amended to delete and/or further restrict certain uses.
Planning Commission Meeting (8/17/10):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
The Board of Supervisors, on Wednesday, September 22, 2010, beginning at 6:30 p.m., will take
under consideration this request.
5 10SN0256-SEP22-BOS-RPT
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