11SN0106CASE MANAGER: Jane Peterson
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March 9/, 2011 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11SN0106
ASC Land Corporation
Matoaca Magisterial District
Northwest Quadrant of Ashbrook and Ashlake Parkways
RE VEST I:
Amendment of zoning (Case 95 SN0177) to modify limitations onuses (Proffered Condition
5) and hours of operation (Proffered Condition 7) and to delete requirements for
architectural treatment (Proffered Condition 6). 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. 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. All buildings must be
architecturally compatible with area residential development.
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.
PROPOSED LAND USE:
Commercial uses are planned. With approval of these requests, uses permitted by right or
with restrictions in the Neighborhood Business (C-2) District would be permitted, with two
(2) exclusions, plus one (1) additional Community Business (C-3) use, all as restricted by
proposed Proffered Condition 2; hours of operation would be extended for sit down
restaurant use; architectural treatment of buildings would conform to Ordinance
requirements; and direct access from the property to Ashlake Parkway would be permitted
with construction of a modified (shortened) raised median.
Providing a FIRST CHOICE community through excellence in public service
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
I. Conditions relative to uses, hours of operation and architectural treatment were
negotiated with area property owners. After consideration of public input, should the
Commission and Board wish to approve this amendment, acceptance of Proffered
Conditions 2 and 3 contained herein, and deletion of Proffered Condition 6 of Case
95SN0177 would be appropriate for the following reasons:
A. While the Upper Swift Creek Plan Amendment suggests the property is
appropriate for office/residential mixed use and conservation/recreation
use, as proffered, the proposed uses and hours would be consistent with
area zoning and development patterns north of and along Ashbrook
Parkway while providing appropriate transition to existing and proposed
area residential development south of Ashbrook Parkway.
B. The Ordinance requires buildings within this Plan geography to be
compatible with residential architecture.
II. Recommend approval of amending conditions relative to access for the following reason:
Proffered Condition 1 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.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. CONDITIONS
NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 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.
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
2 11SN0106-MAR9-BOS-RPT
approximately 160 feet from the centerline of the Access. The exact
design of these improvements shall be approved by the
Transportation Department. (T)
(STAFF/CPC) 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 prohibited.
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.
(STAFF/CPC) 3. Hours of operation shall be limited as follows:
A. 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.
B. All other uses shall not be open to the public between the
hours of 10:00 p.m. and 6:00 a.m. (P)
(Staff Notes:
A. With approval of "Request I" (uses, hours and architectural treatment), Proffered
Conditions 2 and 3 noted herein supersede Proffered Conditions 5 and 7 of Case
95 SNO l 77 and Proffered Condition 6 of Case 95 SNO 177 is deleted.
B. With approval of "Request II" (access), Proffered Condition 1 noted herein
supersedes Proffered Condition 2 of Case 95 SNO 177.)
3 11SN0106-MAR9-BOS-RPT
GENERAL INFORMATION
Location:
Northwest quadrant of Ashbrook and Ashlake Parkways. Tax ID 720-670-7347.
Existing Zoning:
C-3
Size:
2.3 acres
Existin 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 .TTTF.C
Public Water S,, sue:
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.
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.
4 11SN0106-MAR9-BOS-RPT
Water ualit
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 l 77) 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 95 SNO 177 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 95 SNO l 77.
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 (proposed Proffered Condition 1). The existing
proffer (Proffered Condition 2 of Case 95 SNO 177) 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.
Vir ing is 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
5 11SN0106-MAR9-BOS-RPT
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 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
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.
6 11SN0106-MAR9-BOS-RPT
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 amendment of this proffer to permit all uses permitted by right or with
restrictions in the Neighborhood Business (C-2) District, exclusive of automobile service
stations and convenience stores with or without gasoline sales, plus one (1) Community
Business (C-3) use (fast food restaurants without drive-in windows) (Proffered Condition 2).
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 be supportive of additional commercial uses on the subj ect 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. The applicant has proffered to locate uses that tend to generate
higher traffic volumes with later operational hours (convenience stores; fast food
restaurants; and liquor stores) a minimum distance north from this intersection.
Hours of Operation:
Proffered Condition 7 of Case 95SN0177 limits hours businesses maybe 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. This proffer resulted from negotiations with area residents. The
applicant is requesting amendment of this proffer to extend hours for one (1) use being
restaurants (sit-down). (Proffered Condition 3)
7 11SN0106-MAR9-BOS-RPT
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.
CONCLUSION
Conditions of the 1995 zoning case affecting uses, hours of operation and architectural treatment
were negotiated with area property owners. After consideration of public input, should the
Commission and Board wish to approve these amendments, acceptance of Proffered Conditions
2 and 3 would be appropriate. While the Plan suggests the property is appropriate for
office/residential mixed use and conservation/recreation use, as proffered, the proposed uses and
hours would be consistent with area zoning and development patterns north of and along
Ashbrook Parkway while providing appropriate transition to existing and proposed area
residential development south of Ashbrook Parkway. Further, Ordinance requirements within
this Plan geography address compatibility with residential architecture.
Staff recommends approval of amending conditions relative to access and acceptance of
Proffered Condition 1. 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.
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 (10/21/10):
To date, no new information has been submitted.
8 11SN0106-MAR9-BOS-RPT
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.
Applicant (12114110)
New proffered conditions were submitted.
Board of Supervisors' Meeting (12/15/10):
On their own motion, and with the applicant's consent, the Board of Supervisors
remanded this case to the Planning Commission.
Staff (12116110)
The applicant was advised in writing that the case would be rescheduled for public
hearing before the Planning Commission on February 15, 2011. In addition, the applicant
was advised that any significant, new or revised information should be submitted no later
than December 29, 2010 for consideration at the Commission's February 15, 2011 public
earmg.
Staff (1/13/11):
To date, no new information has been submitted.
9 11SN0106-MAR9-BOS-RPT
A community meeting has been scheduled for January 25, 2011 to discuss this request.
Applicant; Area Property Owners; Staff; and Matoaca District Commissioner (1/25/11):
A meeting was held to discuss this request. Concerns were expressed relative to uses,
particularly convenience store use; extended operating hours; and traffic flow resulting
from proffered road improvements.
It was generally agreed that the applicant would continue to work with representatives
from the two (2) area subdivisions (Ashbrook and Clover Hill Estates) relative to uses
and hours.
Applicant (2/ 10/ 11)
Amended proffered conditions were submitted.
Planning Commission Meeting (2/15/1 l):
The applicant accepted the recommendation with an agreement to delete liquor stores
from the requested uses.
There was an individual present in support of the request, but expressing concern relative
to future traffic flows resulting from the raised median on Ashlake Parkway and its
impact on Ashbrook Parkway.
On motion of Mr. Bass, seconded by Dr. Brown, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 and 3.
AYES :Messrs. Bass, Brown, Gulley, Hassen and Waller.
Applicant (2/15/11):
Proffered conditions were amended to delete liquor store use.
The Board of Supervisors, on Wednesday, March 9, 2011, beginning at 6:30 p.m., will take
under consideration this request.
10 11SN0106-MAR9-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 2 0) .
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 easements} 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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11 SN0106-2