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12SN0204CASE MANAGER: Ryan Ramsey .:: i3 i'f~L_ ,i. t,w_.h.-r:.1 ~3 BOS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0204 3 60 Toyota, LLC Clover Hill Magisterial District 3600 Lonas Parkway t„i., i ~ ~ni ~ rnr ,~vZ~ August 22, 2012 B S REQUEST: Conditional use planned development approval to permit exceptions to ordinance requirements relative to setbacks in a Regional Business (C-4) District. PROPOSED LAND USE: Vehicle display areas in conjunction with an auto sales use is proposed. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. RECOMMENDATION Recommend denial for the following reasons: A. The request will undermine the purpose and performance of the existing setback and landscaping area. By allowing vehicle display areas within the required setback, visual separation of uses between the major arterial thoroughfare and the existing parking area is compromised. B. Approval of this request could encourage other businesses to seek similar exceptions, leading to proliferation of vehicle display areas adjacent to rights-of- way. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. CONDITION NOTED "CPC" ARE RECOMMENDED BY THE PLANNING COMMISSION.) Providing a FIRST CHOICE community through excellence in public service CONDITION (STAFF/CPC) The textual statement dated June 7, 2012, shall be considered the master plan. (P) PROFFERED CONDITIONS (STAFF/CPC) 1. Vehicle display areas along Hull Street Road (U.S. Route 360) shall be permitted, as generally shown on the exhibit entitled "Display Area Exhibit' by Balzer & Associates, Inc. and dated February 29, 2012 with Revision Date of June 7, 2012. The vehicle display areas in the front setback shall be designed and improved as vehicle display pads for up to five (5) cars as approved by the Planning Department through submission of detailed drawings for review. Required landscaping shall be maintained within the setback. (P) (STAFF/CPC) 2. Access to and from the vehicle display areas shall be prohibited from Hull Street Road (Route 360). (P) GENERAL INFORMATION Location: The request property is known as 3600 Lonas Parkway, located along the south line of Hull Street Road. Tax ID 737-679-1388. E~sting Zoning: C-4 with conditional use planned development Size: 16 acres Existing Land Use: Commercial Adjacent Zoning and Land Use: North - I-1; Commercial South, East and West - C-4; Vacant 2 12SN0204-AUG22-BOS-RPT UTILITIES Public Water and Wastewater Systems: The request site is currently connected to the public water and wastewater systems. This request will not impact the public utility systems. ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: 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: This request will have no impact on these facilities. Virginia Department of Transportation (VDOT~: This request will have no impact on these facilities. LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Powhite/Route 288 Plan, which suggests the property is appropriate for light commercial use. Area Development Trends: The area is characterized by a mix of commercial uses. Properties to the north are zoned Light Industrial (I-1), Community Business (C-3) and Agricultural (A) and are developed for commercial uses. Properties to the south, east and west are zoned Regional Business (C- 4) and are vacant. 3 12SN0204-AUG22-BOS-RPT Zoning HistorX: On May 24, 1995 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning of a 219.4 acre tract (including the request property) from Agricultural (A), Residential (R-9), Residential Townhouse (R-TH), Corporate Office (O-2) and Community Business (C-3) to Regional Business (C-4) with conditional use to permit outside storage and multi-family residential and townhouse residential uses (Case 95 SN0197). A mixed use development with office, commercial, light industrial and/or residential uses was planned. On February 26, 1997 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning with conditional use on a 2.5 acre tract to incorporate that acreage into the existing C-4 tract zoned under Case 95SN0197 (Case 97SN0162). The existing C-4 tract (including the request property) was incorporated into this request for the purpose of proffering overall residential and commercial densities. On July 23, 1997 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to conditional uses (Cases 95SN0197 and 97SN0162) relative to buffers, access restrictions and densities on property which included the subject site. (Case 97SN0239) On March 10, 2004 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved conditional use planned development to permit body, major engine and transmission repair of motor vehicles and exceptions to ordinance requirements for signs plus an amendment to a conditional use (Case 95 SN0197) relative to architecture standards (Case 04SN0196) on the subject property. Setbacks for Vehicle Display Areas: Currently, the conditions of zoning on the subject property and the Zoning Ordinance do not permit the display or parking of motor vehicles within the setback from Hull Street Road. The emerging growth standards require aseventy-five (75) foot setback from major arterials for buildings, drives and parking areas with the installation of perimeter landscaping B (Section 19-593(a)). The setback can be reduced to fifty (50) feet from major arterials for buildings, drives and parking areas with the installation of perimeter landscaping C (Section 19-594(1)). The auto dealership utilizes a fifty (50) foot setback from Hull Street Road for building, drives and parking areas. The applicant requests permission to construct the vehicle display areas within the setback for major arterials, up to the front property line of the subj ect property. The vehicle display areas are proposed along the right-of--way line of Hull Street Road. As shown on the exhibit titled "Display Area Exhibit," two (2) separate vehicle display areas are proposed within the setback along Hull Street Road. The applicant has imposed a proffered condition that would limit the total number of vehicles to be displayed at any one (1) time to no more than five (5) (Proffered Condition 1). Proffered Condition 1 also requires Planning Department review and approval of a plan showing the layout, paving 4 12SN0204-AUG22-BOS-RPT materials and access to the display areas. Access to and from the vehicle display areas will be prohibited from Hull Street Road. (Proffered Condition 2) Staff's analysis of the request finds that the proposal will undermine the purpose and performance of the existing setback and landscaping area. Setbacks are instituted to provide horizontal separation of uses from public rights-of--way and property lines. In some circumstances, setbacks also provide a means to install landscaping as a screening measure. By allowing vehicle display areas within the required setback, visual separation of uses between the major arterial thoroughfare and the existing parking area is compromised. Staff also finds that the applicant has the ability to advertise and market the auto dealership though the existing signage located on the site. The auto dealership has utilized building mounted signage as well as a freestanding sign along Hull Street Road. Exceptions were previously granted for the subject property to allow a freestanding sign that exceeded sign area and height requirements. The layout of the auto dealership as it relates to Hull Street Road provides adequate visibility of the dealership and the vehicles currently displayed in the permitted parking area. Staff also finds that this request could set a precedent by encouraging other businesses to seek a similar exception. The purpose and intent of the emerging growth standards is to promote high quality, functional and well designed office, business and industrial environment. Placing vehicle display areas adjacent to the right-of--way within the required setback negates the purpose and impact of landscaping and setback standards enumerated in the Emerging Growth District. CONCLUSION The request will undermine the purpose and performance of the existing setback and landscaping area. By allowing vehicle display areas within the required setback, visual separation of uses between the major arterial thoroughfare and the existing parking area is compromised. The applicant has utilized practical alternatives through the construction of building mounted and freestanding signage, negating the need to have vehicles parked for display within the required setback. Further, approval of this request could encourage other businesses to seek similar exceptions thereby resulting in the proliferation of vehicle display areas adjacent to rights-of--way. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (7/17/12): The applicant did not accept staff's recommendation, but did accept the Planning Commission's recommendation. 5 12SN0204-AUG22-BOS-RPT There was opposition present expressing concern relative to driver safety and the vehicle display areas creating distractions for drivers. Opposition also cited apprehension about the site's aesthetics and not wanting the Hull Street Road corridor to look like Route 60 or Jefferson Davis Highway. It was discussed that this type of request would set a precedent for more of these requests to come forward. In addition, concern was expressed that the vehicle display areas could block the view of the adj acent veterinary clinic. Commissioners expressed support for the request. Mr. Gulley stated the site has physical constraints that limit the visibility of vehicles for sale as well as the sign advertising the dealership. He felt that recommending approval of this request would not set a precedent. Proffered conditions would limit the number of vehicles to be displayed to five (5). In addition, the display pads would be reviewed by Planning Department staff prior to their installation. Mr. Waller noted that this request contains fewer cars for display than the dealerships on Route 60 which already have zoning approval. On motion of Mr. Gulley, seconded by Mr. Patton, the Commission recommended approval subject to the condition and acceptance of the proffered conditions on page 2. AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin. The Board of Supervisors, on Wednesday August 22, 2012 beginning at 6:30 p.m., will take under consideration this request. 12SN0204-AUG22-BOS-RPT TEXTUAL STATEMENT 12SN0204 360 Toyota, LLC June 7,2012 Condi#ional Use Planned Development ("CUPD") to permit a zoning ordinance exception, as described herein, for C-4 Regional Business District zoned property known as Chesterfield County Tax Identification Number 737-679-1388. EXCEPTION: A fifty {50) foot exception to the required fifty (50) foot setback with perimeter landscape C along Hull Street Road (U.S. Route 360) for vehicle display areas. The areas of exception shall be as generally shown on the exhibit titled, "Display Area Exhibit," by Balzer & Associates lnc., and dated February 29, 2012 with Revision Date of June 7, 2012. This is an exception to Section 19-594(1) of the Zoning Ordinance. 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