11SN0106CASE MANAGER: Jane Peterson
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ADDENDUM
11 SN0106
ASC Land Corporation
REQUEST I:
Amendment of zoning (Case 95SN0177) to delete use limitations (Proffered Condition 5).
Currently, uses are limited to those uses permitted by right or with restrictions in the
Convenience Business (C-1) District plus one (1) dinner theater.
REQUEST II:
Amendment of zoning (Case 95SN0177) relative to access limitations (Proffered Condition
2). Currently, direct access from the property to Ashlake Parkway requires that Ashlake
Parkway be a divided road from Hull Street Road to Ashbrook Parkway.
REQUEST III:
Amendment of zoning (Case 95SN0177) to delete requirements for architectural treatment
(Proffered Condition 6) and limitations on hours of operation (Proffered Condition 7).
Currently, buildings must be architecturally compatible with area residential development.
Hours of operation are limited to between 6:00 a.m. and 10:00 p.m., except a dinner theater
which must close by 12:00 midnight.
PROPOSED LAND USE:
Commercial uses are planned. With approval of these requests, uses permitted by right or
with restrictions in the Community Business (C-3) District would be permitted; direct access
from the property to Ashlake Parkway would be permitted with construction of a modified
(shortened) raised median; architectural treatment of buildings would conform to Ordinance
requirements; and there would be no limitation on hours of operation for all uses.
(NOTES:
A. NEW PROFFERED CONDITIONS WERE SUBMITTED SINCE THE
COMMISSION'S CONSIDERATION OF THIS CASE THAT RESULT IN A
MODIFICATION OF THE APPLICANT'S REQUEST.
Providing a FIRST CHOICE community through excellence in public service
B. SINCE THE ADDITIONAL PROFFERS WERE SUBMITTED
SUBSEQUENT TO THE ADVERTISEMENT OF THE CASE, IT WOULD
BE NECESSARY FOR THE BOARD TO SUSPEND THE PROCEDURES
TO CONSIDER THESE PROFFERS.)
On December 14, 2010 the applicant submitted new proffered conditions addressing limitations on
uses and hours of operation. Given that these revisions have been submitted since the
Commission's consideration of this reauest. Staff recommends the application be remanded.
However, should the Board wish to consider this request, Staff makes the following
recommendation:
STAFF RECOMMENDATIONS
REQUEST I:
Conditions relative to uses were negotiated with area property owners. After
consideration of public input, should the Board wish to approve this amendment to
Proffered Conditions 5 (uses) of Case 95SN0177, acceptance of Proffered Condition 2
contained herein would be appropriate.
REQUEST II:
Staff continues to recommend approval of amending conditions relative to access for
reasons noted in the "Request Analysis" and with the acceptance of the proffered
condition included as "Proffered Condition 1"herein.
REQUEST III:
Conditions relative to architectural treatment and hours of operation were negotiated with
area property owners. After consideration of public input, should the Board wish to
approve these amendments, deletion of Proffered Condition 6 (architectural treatment)
and amendment of Proffered Conditions 7 (hours) of Case 95SN0177 with the acceptance
of Proffered Condition 3 contained herein 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" ARE RECOMMENDED SOLELY BY STAFF.)
PROFFERED CONDITIONS
(STAFF) 1. Direct vehicular access from the property to Ashlake Parkway (the
"Access") shall be limited to one (1) entrance/exit generally located towards
the northern property line. The exact location of the Access shall be
approved by the Transportation Department.
2 11SN0106-DEC15-BOS-ADD
Prior to issuance of an occupancy permit for any development that is served
by the Access, as determined by the Transportation Deparhnent, a raised
median within Ashlake Parkway shall be constructed to VDOT minimum
standards from its current terminus located north of the property to south of
the Access at a point located approximately 160 feet from the centerline of
the Access. The exact design of these improvements shall be approved by
the Transportation Department. (T)
(STAFF)
2. Uses shall be limited to those uses permitted by right or with restrictions
in the Neighborhood Business (C-2) District, except as follows:
A. Automobile self-service stations shall be prohibited.
B. Medical clinics shall be permitted if designed to preclude
ambulance traffic.
C. Convenience stores with or without associated gasoline sales shall
be permitted if located a minimum distance of 300 feet from
Ashbrook Parkway.
D. Carry out restaurants shall be permitted if located a minimum
distance of 200 feet from Ashbrook Parkway.
E. Fast food restaurants without drive-in windows shall be permitted
only if located a minimum distance of 200 feet from Ashbrook
Parkway.
F. Liquor stores shall be permitted only if located a minimum
distance of 200 feet from Ashbrook Parkway. (P)
(STAFF)
3. Hours of operation shall be limited as follows:
A. Convenience stores shall not be open to the public between the
hours of 12:00 midnight and 5:00 a.m.
B. Restaurants (sit-down) shall not be open to the public between the
hours of 10:00 p.m. and 6:00 a.m. with the exception of Fridays
and Saturdays when such use shall not be open to the public
between the hours of 11:00 p.m. and 6:00 a.m.
C. All other uses shall not be open to the public between the hours of
10:00 p.m. and 6:00 a.m. (P)
3 11SN0106-DEC15-BOS-ADD
(Staff Notes:
A. With approval of "Request I" (uses), Proffered Condition 2 noted herein amends
Proffered Condition 5 of Case 95SN0177.
B. With approval of "Request II" (access), Proffered Condition 1 noted herein amends
Proffered Condition 2 of Case 95SN0177.
C. With approval of "Request III", Proffered Condition 3 (hours) noted herein amends
Proffered Condition 7 of Case 95SN0177. Proffered Condition 6 (architecture) of
Case 95SN0177 is deleted.)
4 11SN0106-DEC15-BOS-ADD
CASE MANAGER: Jane Peterson
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December 15, 2010 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0106
ASC Land Corporation
Matoaca Magisterial District
Northwest Quadrant of Ashbrook and Ashlake Parkways
RE VEST I:
Amendment of zoning (Case 95SN0177) to delete use limitations (Proffered Condition 5).
Currently, uses are limited to those uses permitted by right or with restrictions in the
Convenience Business (C-1) District plus one (1) dinner theater.
RE VEST II:
Amendment of zoning (Case 95SN0177) relative to access limitations (Proffered Condition
2). Currently, direct access from the property to Ashlake Parkway requires that Ashlake
Parkway be a divided road from Hull Street Road to Ashbrook Parkway.
RE VEST III:
Amendment of zoning (Case 95 SNO 177) to delete requirements for architectural treatment
(Proffered Condition 6) and limitations on hours of operation (Proffered Condition 7).
Currently, buildings must be architecturally compatible with area residential development.
Hours of operation are limited to between 6:00 a.m. and 10:00 p.m., except a dinner theater
which must close by 12:00 midnight.
PROPOSED LAND USE:
Commercial uses are planned. With approval of these requests, uses permitted by right or
with restrictions in the Community Business (C-3) District would be permitted; direct access
from the property to Ashlake Parkway would be permitted without construction of a raised
median; architectural treatment of buildings would conform to Ordinance requirements; and
there would be no limitation on hours of operation for all uses.
Providing a FIRST CHOICE community through excellence in public service
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
I. Recommend denial of amending conditions relative to uses for the following reasons:
A. The proposed Community Business (C-3) land uses do not conform to the Upper
Swift Creek Plan Amendment which suggests the property is appropriate for
office/residential mixed use and conservation/recreationuw.
B. The proposed land uses do not provide appropriate transition to existing and
proposed area residential development south of Ashbrook Parkway.
C. Limitations on uses were negotiated with area residents at the time of the original
zoning.
II. Recommend approval of amending conditions relative to access for the following reason:
The Proffered Condition satisfies the Transportation Department's concerns and is
comparable to existing conditions of zoning whereby direct vehicular access to Ashlake
Parkway is limited to right-turns-in and right-turns-out.
III. Conditions relative to architectural treatment and hours of operation were negotiated with
area property owners. After consideration of public input, should the Commission and
Board wish to approve these amendments, deletion of Proffered Conditions 6 and 7 of
Case 95 SN0177 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 "STAFF" ARE RECOMMENDED SOLELY BY STAFF.)
PROFFERED CONDITION
(STAFF) Direct vehicular access from the property to Ashlake Parkway (the
"Access") shall be limited to one (1) entrance/exit generally located towards
the northern property line. The exact location of the Access shall be
approved by the Transportation Department.
Prior to issuance of an occupancy permit for any development that is served
by the Access, as determined by the Transportation Department, a raised
median within Ashlake Parkway shall be constructed to VDOT minimum
standards from its current terminus located north of the property to south of
the Access at a point located approximately 160 feet from the centerline of
2 11SN0106-DEC15-BOS-RPT
the Access. The exact design of these improvements shall be approved by
the Transportation Department. (T)
(Staff Notes:
A. With approval of "Request I" (uses), Proffered Condition 5 of Case 95SN0177 is
deleted.
B. With approval of "Request II" (access), the Proffered Condition noted herein
amends Proffered Condition 2 of Case 95 SNO 177.
C. With approval of "Request III" Proffered Condition 6 (architecture) and Proffered
Condition 7 (hours) of Case 95SN0177 are deleted.)
GENERAL INFORMATION
T nratinn~
Northwest quadrant of Ashbrook and Ashlake Parkways. Tax ID 720-670-7347.
Existing Zoning:
C-3
Size:
2.3 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3; Vacant
South - R-12 with conditional use planned development, and A; Vacant
East - C-3; Commercial or vacant
West - R-7 with conditional use planned development; Vacant
T TTTT TTTFC
Public Water System:
There is a twelve (12) inch water line extending along both Ashbrook Parkway and
Ashlake Parkway. Use of the public water system is required by County Code.
3 11SN0106-DEC15-BOS-RPT
Public Wastewater S,, sue:
There is a fifteen (15) inch sewer line extending through the northwest corner of the
request site. Use of the public wastewater system is required by conditions of Case
95 SN0177.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains northwest to Swift Creek Reservoir. There are currently no on-
oroff site drainage or erosion problems and none are anticipated after development.
Water ua 1
A floodplain and Resource Protection Area (RPA) are located on the northwest corner of the
subject property. As such, the Ordinance requires athirty-five (3 5) foot structural setback
from the most restrictive area. The site is located in the Swift Creek Reservoir Watershed
and will have to comply with the Upper Swift Creek Ordinance.
PUBLIC FACILITIES
Fire ~ervice~
The Clover Hill Fire Station, Company Number 7, and Manchester Volunteer Rescue Squad
currently provide fire protection and Emergency Medical Service (EMS). This request will
have a minimal impact on Fire and EMS.
County Department of Transportation:
In May 1995, the Board of Supervisors approved the rezoning (Case 95 SNO 177) of the
subject property to allow all Convenience Business (C-1) uses and a dinner theater. As
part of that approval, the Board accepted several transportation related proffers. Proffered
Condition 2 of Case 95SN0177 limits vehicular access to Ashlake Parkway. The proffer
allows one (1) direct access from the property to Ashlake Parkway if Ashlake Parkway is
a divided roadway restricting that site access to right-turns-in and right-turns-out only.
The proffer also states that the applicant could obtain access through the adjacent
property to the north onto Ashlake Parkway at a location of a planned crossover, which
would allow unrestricted turning movements. Attached is an illustration of the proffered
accesses that was included in the "Request Analysis" for Case 95SN0177.
The applicant is now requesting to modify the land uses and vehicular access as proffered
in Case 95SN0177. The applicant is requesting an amendment to allow all Community
Business (C-3) uses to be developed on the property. This amendment would permit
many commercial uses, such as a fast food restaurant, that typically generate higher
traffic volumes than the land uses currently permitted.
4 11SN0106-DEC15-BOS-RPT
The applicant is also requesting to modify (i.e., shorten) the length of the proposed raised
median within Ashlake Parkway that is required to be provided in conjunction with direct
vehicular access to Ashlake Parkway (Proffered Condition). The existing proffer
(Proffered Condition 2 of Case 95SN0177) would require the raised median to be
provided from its current terminus, located north of the property, to the Ashbrook
Parkway intersection. The proposed proffer would require the raised median to be
extended from its current terminus to south of Ashlake Parkway access at a point located
approximately 160 feet measured from the centerline of the access. The proposed proffer
will continue to limit the proposed access to Ashlake Parkway to right-turns-in and right-
turns-out only. Based on the proposed proffer, the Transportation Department supports
the request.
Virginia Department of Transportation (VDOT):
The proposed connection to Ashlake Parkway is subject to the access management
requirements of VDOT, as found under Code of Virginia 24VAC 30-73 for "Minor
Arterials, Collectors, Local Streets," and the guidance provided in the VDOT Road
Design Manual, Appendix F. These requirements address location of entrances, and
spacing relative to intersections, other entrances, and crossovers. The amended Proffered
Condition 2, with specified connection location, is honored by VDOT with the further
conditions stated below.
• Right and left turn lane warrants to the site shall be provided as appropriate at the
time of construction plan submission. Turn lanes shall be provided if warranted
in accordance with VDOT design practices.
• Detailed comments will be made as construction plans are reviewed.
T .ANTI T 1CF.
Comprehensive Plan:
The subject property is located within the boundaries of the Upper Swift Creek Plan
Amendment which suggests that most of the property is appropriate for office and
residential uses of varying densities. Supporting retail and service uses would be
appropriate if part of a mixed use center of aggregated acreage which is developed under
a unified plan.
The northwest corner of the property, located within a flood plain and RPA, is suggested
by the Plan for conservation/recreationuses.
Area Development Trends:
Property to the north and northeast along Hull Street Road is zoned Community Business
(C-3) and is currently vacant or developed as the Hancock Village shopping center. Vacant
properties to the west and southwest are zoned Residential (R-7) as part of the Ashbrook
5 11SN0106-DEC15-BOS-RPT
planned development and permit commercial uses subject to limitations on the gross floor
area of stores and prohibition on outside storage. Vacant properties to the southeast are
zoned (R-12) and Agricultural (A). South of, and adjacent to Hancock Village, vacant C-3
property is limited by conditions of zoning for office, office/warehouse or townhouse uses.
It is anticipated that development along the northern edge of Ashbrook Parkway would
provide an appropriate transition to existing and anticipated residential development south
of Ashbrook Parkway as suggested by the Plan.
Zonin H.~ istory:
On May 24, 1995 the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved a rezoning from Convenience Business (C-1) to
Community Business (C-3) (Case 95SN0177). A restaurant with a dinner theater was
planned. As a result of meetings with area residents and the Matoaca District
Commissioner, proffered conditions were offered by the applicant to restrict uses, hours
of operation and architectural treatment (Proffered Conditions 5, 6 and 7). Proffered
conditions also restricted access to Ashlake Parkway (Proffered Condition 2). A copy of
these conditions are attached.
Development Standards:
The request property lies within an Emerging Growth Area. The purpose of the Emerging
Growth Standards is to promote high quality, well-designed projects. Except as regulated by
existing conditions of zoning, development of the site must conform to the development
standards of the Zoning Ordinance which address access, parking, landscaping, pedestrian
access, architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters.
In addition, the property is located within the Route 360 Corridor West area as part of the
office/residential mixed use area of the Upper Swift Creek Plan. Within this area, the Zoning
Ordinance requires that all buildings be compatible with residential architecture. Further, the
architectural treatment of buildings must be compatible with buildings in the same project,
same block or directly across any road, as determined by the Director of Planning.
Uses:
Proffered Condition 5 of Case 95SN0177 restricts uses to those permitted by right or with
restrictions in the Convenience Business (C-1) District plus a dinner theater. The applicant is
requesting deletion of this proffer to permit all uses permitted by right or with restrictions in
the Community Business (C-3) District. At the time of the 1995 approval, the Upper Swift
Creek Plan suggested this property was appropriate for C-3 uses. Negotiations with area
residents resulted in the existing limitations onuses.
The current Plan, adopted in 2008, suggests the majority property is appropriate for office
and residential uses. Adj acent properties to the north, east, west and southwest of the subject
property were zoned to permit commercial uses prior to the adoption of the current Plan.
Therefore, staff would consider supporting additional commercial uses on the subject
6 11SN0106-DEC15-BOS-RPT
property, subject to public input as aneighborhood-negotiated limitation, provided that the
intensity of uses is limited at the intersection of Ashlake and Ashbrook Parkways to
maintain transition to existing and anticipated residential development to the south. This
approach is consistent with conditions of zoning applied to the adjacent vacant C-3 tract to
the east, south of Hancock Village. This limitation on uses has been discussed with the
applicants, who have elected to maintain the current request.
Architectural Treatment:
Proffered Condition 6 of Case 95 SNO 177 requires that all buildings have an architectural
style compatible with area residential neighborhoods. The applicant is requesting deletion of
this proffer in favor of complying with Ordinance requirements. This proffer resulted from
negotiations with area residents. It should be noted that the Ordinance currently requires
buildings within this Plan geography to be compatible with residential architecture.
Hours of Operation:
Proffered Condition 7 of Case 95SN0177 limits hours businesses may be open to the public
to between 6:00 a.m. and 10:00 p.m., except for one (1) dinner theater which may be open
until 12:00 midnight. The applicant is requesting deletion of this proffer, with no restrictions
on hours of operation for any uses. This proffer resulted from negotiations with area
rest ents.
CONCLUSION
The proposed Community Business (C-3) land
Plan Amendment and would not be limited t~
anticipated residential development to the south.
residents at the time of the original zoning.
uses do not conform to the Upper Swift Creek
maintain appropriate transition to existing and
These use limitations were negotiated with area
The proffered site access onto Ashlake Parkway is comparable to existing conditions of zoning
by continuing to limit this direct access to right turns in and right turns out.
Given these considerations, staff recommends denial of "Request I" (relative to removing current
use limitations) and that Proffered Condition 5 (use limitation) of Case 95 SN0177 be maintained.
Staff recommends approval of "Request II" (relative to amending access restrictions on Ashlake
Parkway) and that the Proffered Condition be accepted.
Conditions relative to architectural treatment and hours of operation were negotiated with area
property owners. After consideration of public input, should the Commission and Board wish to
approve these amendments, deletion of Proffered Conditions 6 and 7 of Case 95 SNO 177 would
be appropriate.
7 11SN0106-DEC15-BOS-RPT
CASE HISTORY
Planning Commission Meeting (9/21/10):
On their own motion, the Commission deferred this case to their November 16, 2010
public hearing.
Staff (9/22/ 10)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 27, 2010 for consideration at the
Commission's November 16, 2010 public hearing.
Staff (10/21/l0):
To date, no new information has been submitted.
Applicant (11/4/10):
The applicant submitted an amended proffered condition.
Planning Commission Meeting (11 / 16/ 10)
The applicant did not accept the recommendation.
Mr. Gulley noted that the original zoning case was highly-negotiated with area property
owners; and expressed concern as to if the Ashbrook Subdivision leadership, upon
meeting with the applicant, effectively conveyed these amendments to area homeowners.
Mr. Bass noted that the requested Community Business (C-3) uses are not supported by
the Plan; were not intended at this location as part of the original zoning case; and,
without limitations, could result in uses that are too intense in proximity to residential
development.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
8 11SN0106-DEC15-BOS-RPT
The Board of Supervisors, on Wednesday, December 15, 2010, beginning at 6:30 p.m., will take
under consideration this request.
11 SN0106-DEC15-BOS-RPT
95SN0177
In Matoaca Magisterial District, JAMES F. HUBBARD requests
rezoning from Convenience Business (C-1} to Community Business
(C-3}. The density of such amendment will be controlled by
zoning conditions or Ordinance standards. The Comprehensive Plan
designates the property for community mixed use. This request
lies on 2.3 acres fronting approximately 440 feet on the west
line of Ashlake Parkway, also fronting approximately 85 feet on
the north line of Ashbrook Parkway, and located in the northwest
quadrant of the intersection of these roads. Tax Map 75-5 (1}
Parcel 6 (Sheet 20}.
Mr. Jacobson presented a summary of Case 95SN0177 and stated the
Planning Commission and staff recommends approval and acceptance
of the proffered conditions. He noted the request conforms to
the Upper Swift Creek Plan.
Mr. James F. Hubbard stated the recommendation is acceptable.
Mr. Lou Lombard stated he feels this is a project which will add
to the already intense growth along Route 360 and expressed
concerns relative to density and the impact on traffic. He
submitted into the record a copy of his comments.
Dr. Nicholas stated the Planning Commission and staff recommends
approval of this request and the request conforms to the Upper
Swift Creek Plan. He further stated growth is inevitable and he
feels this project will enhance the area and, therefore, he
supports the request.
Mr. Warren stated the request was approved by the Planning
Commission and staff and he is in favor of the request.
On motion of Dr. Nicholas, seconded by Mr. Barber, the Board
approved Case 95SN0177 and accepted the following proffered
conditions:
1. There shall be no direct access from the subject property to
Ashbrook Parkway.
2. Access from the subject property to Ashlake Parkway shall be
limited as follows:
A. If Ashlake Parkway is a two lane undivided road from
Route 360 to Ashbrook Parkway, access shall be provided
through the adjacent property to the north (Tax Map 75-
5 (1) Parcel 5). The access shall be located
approximately midway between Ashbrook Parkway and Route
360. The exact location of this access shall be
approved by the Transportation Department. Prior to
site plan approval, access easement(s) acceptable to
the Transportation Department shall be recorded.
B. If Ashlake Parkway is a divided road from Route 360 to
Ashbrook Parkway, direct access shall be limited to one
(1) entrance/exit located towards the northern property
line. The exact location of the direct access to
Ashlake Parkway shall be approved by the Transportation
Department.
3. Prior to the issuance of an occupancy permit, additional
pavement shall be constructed along Ashlake Parkway at the
approved access to provide a right turn lane.
4. The public wastewater system shall be used.
5. Uses shall be limited to the following:
a. All permitted and restricted C-1 uses.
b . One (1) dinner theater .
6. All structures shall have an architectural style compatible
with area residential neighborhoods. Compatibility may be
achieved through the use of similar building massing,
materials, scale or other architectural features.
7. With the exception of a dinner theater, no use shall be open
to the public between the hours of 10:00 p . m. and 6 : 00 a . m.
No dinner theater developed on the property shall be open to
the public between the hours of 12:00 midnight and 6:00 a.m.
NOTE : These hours shall apply to private parties as well as
to the public.
Vote: Unanimous
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