12SN0235CASE MANAGER: Darla Orr
.:: i3 i'f~L_
,i.
t,w_.h.-r:.1
~3
BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0235
John and Kimberly Hughes
September 19, 2012 BS
Matoaca Magisterial District
Northwest corner of Beach and Spring Run Roads
REQUEST I: Amendment of conditional use (Case 08SN0243) to permit fast food restaurant
use in an Agricultural (A) District. Specifically, Condition 7 of Case 08SN0243 is
proposed to be modified to permit fast food restaurant use, limited to frozen
dessert sales.
REQUEST II: Conditional use planned development to permit exceptions to ordinance
requirements relative to paving. Specifically, the applicants are requesting an
exception to permit temporary gravel parking.
PROPOSED LAND USE:
Fast food restaurant use (frozen dessert sales) is being operated in association with
other commercial uses permitted by Case 08SN0243 without the requisite
conditional use approval.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval of Request I for the following reasons:
A. The fast food restaurant use, limited to the sale of frozen desserts, is an appropriate
neighborhood convenience use as suggested by the Southern and Western Area
Plan.
B. The addition of limited fast food use will support the adaptive reuse and
preservation of these historic properties.
Providing a FIRST CHOICE community through excellence in public service
Recommend approval of Request II for the following reasons:
A. As conditioned, the gravel parking will not substantially impact area properties.
B. Conditions ensure that paved parking areas will be provided in accordance with
ordinance requirements for future development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. With the approval of this request Condition 7 of Case 08SN0243 is
modified as follows:
Permitted uses: The following uses shall be permitted:
a. Except for automobile self service stations, which
shall not be permitted, uses permitted by right or
with restrictions in the Neighborhood Business (C-
2) District.
b. Commercial outdoor recreational use limited to
tractor, farm equipment and automobile
shows/exhibits.
c. Special events business to permit events such as
weddings, receptions, birthday parties, luncheons
and similar social gatherings.
d. Fast food restaurant use limited to the sale of frozen
desserts. (P)
(All other conditions of Case 08SN0243 shall remain in force and effect.)
(STAFF/CPC) 2. The parking area and drives as shown on Exhibit 1 dated May 10,
2012, shall be permitted to have a minimum surface of six (6)
inches of Number 21 or Number 21A stone. Other than overflow
parking during special events permitted beyond this gravel area, all
other parking shall be constructed in accordance with ordinance
requirements.
2 12SN0235-SEP19-BOS-RPT
GENERAL INFORMATION
Location:
The request property is located in the northwest corner of Beach and Spring Run Roads. Tax
IDs 745-654-8256 and 746-654-1071.
Existing Zonin
A
Size:
8.5 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North, East and West - A; Single-family residential, public/semi-public (VDOT storage
yard and Pocahontas State Park) or vacant
South - C-3 and A; Commercial, agricultural or vacant
UTILITIES
Public Water Svstem:
The public water system is not available to serve the request site. There is an existing
sixteen (16) inch water line extending along a portion of Spring Run Road that terminates
at Qualla Road, approximately 2.25 miles north of this site. A sixteen (16) inch water line
extends along a portion of River Road and terminates at Ivey Mill Road, approximately
4.89 miles south of this site.
The site is within the boundaries of the Southern and Western Area Plan, and therefore,
use of the public water system is required unless the Planning Commission waives the
mandatory use during the site plan review. The Planning Commission may impose
conditions to mitigate the impact of any exception that it grants.
Public Wastewater Svstem:
The public wastewater system is not available to serve the request site. This site is within
the area designated by the Southern and Western Area Plan of anticipated R-88 zoning
where the use of private septic systems is permitted.
12SN0235-SEP 19-BOS-RPT
Health Department:
Any new or expanded use of private wells and septic systems must be approved by the
Health Department.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Winterpock Fire Station, Company Number 19, currently provides fire protection
and emergency medical service (EMS). This request will have a minimal impact on Fire
and EMS. Fire apparatus access roads will be required to be paved in accordance with the
Virginia Statewide Fire Prevention Code (2009) section 503.2.3.
County Department of Transportation:
This request (sale of frozen desserts) will have a minimal impact on the transportation
network.
Virginia Department of Transportation (VDOT~:
VDOT has no comment on this request. Should paved entrance improvements be desired,
an appropriate VDOT standard commercial entrance would then be required.
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Southern and Western Area Plan
which suggests the property is appropriate for residential use of 1-5 acre lots; suited to R-
88 zoning.
The Plan also suggests that limited retail and personal service centers, which are not
specifically identified on the land use map, should be provided within residential areas to
serve the immediately surrounding neighborhoods. The Plan suggests that these centers
should be sited on one (1) corner of two (2) collector streets or where a collector
intersects with an arterial road and suggests that consideration be given to appropriate
transitions between uses, building scale, architecture and site development to insure
compatibility of these commercial uses with existing and future residential development.
4 12SN0235-SEP19-BOS-RPT
While the request property is located at the corner of two (2) major arterials rather than a
collector road and an arterial road or two (2) collector roads, the property is an
appropriate location for a neighborhood convenience center, meeting the spirit and intent
of the Plan to provide limited retail and personal service use to residential and rural areas.
First, the request property historically served the area with retail and personal service use
because it is the site of Beach Station, a railroad village containing a post office, railroad
depot, general store and the two (2) existing dwellings. Secondly, given the historic
designation granted to and protecting the request property and the off-set of the
intersections of Spring Run and Bundle Roads with Beach Road, Spring Run Road
currently serves the area more in the capacity of a collector road than an arterial road. In
addition, commercial zoning and land use have existed in the immediate area since 1974
serving convenience needs of the area.
Further, one (1) goal of the Plan is to preserve unique features of the area by encouraging
the preservation of vegetation, roadside forest canopies and important historic sites as an
integral part of future development. The commercial uses approved in 2009 with Case
08SN0243 are limited to convenience commercial use and support the adaptive re-use of
the historic structures and properties.
Area Development Trends:
The majority of the surrounding area is zoned Agricultural (A) and is occupied by
agricultural use, single-family residential use on acreage parcels or is vacant, except that
public/semi-public use (VDOT facility and Pocahontas State Park) is located on adjacent
property to the east and property to the southwest is zoned Community Business (C-3) and
is occupied by commercial use. It is anticipated that residential use will continue on property
north and west of the request property as suggested by the Plan and that property to the
south will remain agricultural or forested since it is within the Rural Conservation Area of
the Plan.
Zoning History/Historical Significance:
On January 23, 2008 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission and Historic Preservation Committee, approved Historic
Landmark Designation (Cases 08HP0153 and 08HP0154) for both of the request
properties. These properties make up probably the last intact rural railroad stop still
remaining in the County. The Perdue-Mitchell House, erected around 1890, and the
George Perdue House, erected around 1893, make up the "Village of Beach," once a rural
railroad village containing a post office, railroad depot, general store in addition to these
two (2) dwellings.
On January 28, 2009 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, granted conditional use approval to permit Community Business
(C-3) uses and commercial outdoor recreational use plus conditional use planned
development approval to permit exceptions to setbacks and landscaping requirements.
5 12SN0235-SEP19-BOS-RPT
Uses:
Condition 7 of Case 08SN0243 limited uses to those uses permitted in the Neighborhood
Business (C-2) District (except for automobile service stations which shall not be
permitted), outdoor recreation limited to tractor, farm equipment and automobile
shows/exhibits, and a special events business.
The applicants currently sell frozen desserts in conjunction with a retail store on the
property. The Zoning Ordinance characterizes frozen dessert sales as a fast food restaurant
use which is first permitted in a Community Business (C-3) District. Since the current
zoning (Case 08SN0243) only permits Neighborhood Business (C-2) uses, approval of an
amendment to Case 08SN0243 is sought to add frozen dessert sales to the permitted uses.
(Condition 1)
Site Design:
Except for a reduced setback along Beach Road to accommodate the two (2) existing
structures and modified landscaping permitted with Case 08SN0243, development would
conform to the ordinance requirements for Neighborhood Commercial (C-2) uses in an
Emerging Growth District area. Emerging Growth District standards address setbacks,
parking, signs, buffers and screening. The purpose of the Emerging Growth District
Standards is to promote high quality, well-designed projects and in this case, will assist in
mitigating the impact of the proposed commercial uses on existing and anticipated area
residential development.
Architecture:
As previously noted, the properties have received Historic Landmark designation and
therefore, a certificate of appropriateness from the Preservation Committee for any
construction, alternation or remodeling that would affect the exterior architectural
appearance or properties must be obtained.
Parkin:
Neighborhood convenience businesses are being operated on the request property, as well as
special events and limited outdoor recreational uses. An existing gravel parking area is used
to accommodate these current uses. The applicants propose to continue to use the existing
gravel parking area and drives to serve uses within the two (2) historic structures (Exhibit A
and Condition 2). Paving, curb and gutter are required for parking areas by the Zoning
Ordinance. The applicants request an exception to these standards to permit a gravel surface.
The gravel parking and drives, which will only serve uses in the historic structures,
compliment the historic character of the property and will not have a substantial impact on
area properties. It is important to note that, other than overflow parking during special
events permitted beyond this gravel area, all other parking shall be constructed in
accordance with ordinance requirements (Condition 2). Conditions of Case 08SN0243
require development beyond what can be accommodated within the existing historic
6 12SN0235-SEP19-BOS-RPT
structures to be accessed from Spring Run Road which will meet ordinance standards for
development, including paved parking and drives.
CONCLUSION
As conditioned, the fast food restaurant use (frozen dessert sales) currently being operated in
conjunction with retail sales is appropriate as a neighborhood convenience center use to serve the
surrounding area. This addition of limited fast food use will support the adaptive reuse and
preservation of these historic properties.
As conditioned, the gravel parking will not substantially impact area properties. Conditions ensure
that the gravel surface is limited and that future parking areas will be paved in accordance with
ordinance requirements.
Given these considerations, approval of Request I and II is recommended.
CASE HISTORY
Planning Commission Meeting (8/21/12):
The applicant accepted the recommendation. There was no opposition present.
Dr. Wallin stated this was a unique, historical property with great significance to the
community and that he had received several calls of support.
On motion of Dr. Wallin, seconded by Dr. Brown, the Commission recommended
approval subject to the conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, September 19, 2012 beginning at 6:30 p.m., will take
under consideration this request.
7 12SN0235-SEP19-BOS-RPT
Q
Q
tiv
6~
od\
~a r~na ~Ni~ds
_~
w
z~~
Q ~
o~
^~
CV °
Q
0
M Z °o
N W c~
O
za o
N a ~
r
' ~ :-
c, ,
~~
r~~1
L, - y
r ~ ',
C!
ij ~:
I ~._ Crl
r
I~ ~ +~ ~
t .~ '~
~3 i~.i -~
ip
~ ' ~'
ri'~~U
b. ~, c,
~ I._.~ -
r' ~ ~ c
r
rI, ~ S
~. ~ <j :i~~ :~.I
r` \ ~vw..
m ~, ~ _
~ ~~~
,.
a ~,
I
~~ ~ <<
~;
~,
~.~'
~. C
`r ~ ~ I
~~-i '- ` ~
i
~ 1- ~, . ~ ~ 4 i ~ ~
~~ !r i j
ti' c. , ~ ~ `
~r ~
rr ~~' r} ,: I~
,~ '~i ' ~
~~ ' ~ "' ~1
_. ~~ ~' ~~: ,y 4
~' 1 -' ~ _
r I
~,
4~` ,i 1
... ,.,-- "_...----- - _ .- _- - _ ._... ,~ ~ G
,' ~,.
E ~. ..1 `_
.J ~~~ _ ~ ~t_
~ I
~
~ ~ ~ 1, ' f i F: ~ `~ ~
-
~ ~
r; ~. 'i.
~`
rr
I i ~ i~
~
~r ~ ~ ~ ' ~ ` I ~ , ~= ~ ~ r, i> ~~
~
~ f~ -_ i -i ~j
r ~~ ,.,, ~ i
~i ~ ~ ~---~
i -~
~
~
G c, ~ ~
_
~ ~ ~
..
_
, _._ ___
-
~ __...-.
~ i
y ~ N
_ j . r
~.:
~! '7 T
~_--- _
r'~
- ,~~ r
~
c. ~
J fir,
~ `
r _ ... _
_..
__ _ '... .. _.__
:
J
. I
-~. -S
_ u ~ -
-~ . -~
C~i
I
J ~T
a r ~ ~ ~T
~ t
~ r
~~
r r~,i
i ,.~
r r, r
`L~ r,~ c;
I 1,
~~
~i
~ ~ ~ 1 ij
J `T ~Z
~_
~r _,.~ F~, ~.
~ 'T~ ~,
~~ ~ k
V
I,
fj-
O 1(J
\\ \\\\ L
m
c`i ~ uu
~, ~ ~f i °
~~~ (~V o
~, "'.~ "'
r J1 u
1
~T
t
_-\
l
/ ~ ~
r~ f~ ~
~'C/)
l
-~ ~- ~
fr ~ r1
~ ~ ~
:w. 3,,~___.
12SN0235-1