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02SN0236-OCT23.pdfOctober 23, 2002 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 02SN0236 (AMENDED) Harbourside Centre LLC Matoaca Magisterial District Southwest quadrant of Hull Street Road and Mockingbird Lane REQUEST I: (AMENDED) Amend Conditional Use Planned Development (Case 88SN0056) to delete conditions relative to compliance with the approved Master Plan (Condition 1 and Textual Statement) and internal project focus (Textual Statement) and to amend conditions relative to uses (Condition 11) and gross floor area for projects (Conditions 13 and 14). Specifically, the approved Master Plan depicted a bank located at the intersection of Hull Street Road and Mockingbird Lane. Thc Master Plan generally depicted parking areas to the sides of buildings, minimizing the visual predominance of parking areas from Route 360. Uses permitted in the C-2 portion of the request property are limited to specific Convenience Business (B- 1 ) uses, with a maximum proj eot size of 5,000 square feet of gross floor area per acre. REOUEST .II.: (AMENDED) Amend Conditional Use Planned Development (Case 88SN0056) to delete Condition 9 restricting the clearing and grading on slopes greater than fifteen (15) percent and to amend Condition 3 to exclude the location of retention ponds within required buffers. PROPOSED LAND USE: A bank/savings and loan association and/or office is planned at the intersection of Hull Street Road and Mockingbird Lane. However, with approval of this request, other uses would be permitted on the remainder of the property as restricted by conditions of Case 858N0056, except as may be amended by this request. Providing a FIRST CHOICE Community Through Excellence in Public Service. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMBNDATION.. Recommend denial of the deletion of conditions relative to compliance with the approved Master Plan and internal project focus and denial of amending conditions relative to uses and gross floor area for projects for the following reasons: The use exceptions are in direct conflict with the original intent of the approved zoning which provides for limited commercial convenience uses to serve area residents as part of an integrated mixed use project without routinely attracting customers fi:om larger areas. Further, the use exceptions do not comply with the Upper Swift Creek Plan which suggests the property is appropriate for corporate office and multi-family residential uses. The proposed deletion of the zoning condition addressing internal project focus and amendment of the Master Plan fails to address the original intent to minimize typical strip commercial development at the entrance to a residential neighborhood. Project floor area limitations were established to provide compatibility with area residential development, as currently suggested by the Plan. D. Conditions were negotiated with area residents at the time of the original zoning. Recommend approval of the deletion of Condition 9 of Case $$8N0056 restricting clearing and grading of slopes greater than fifteen (15) percent and amendmem to Condition 3 to exclude the location of retention ponds within required buffers for the following reasons: The area affected by slopes greater than fifteen (15) pereem is a relatively small portion of the property and is centrally-located to the site. The imposition of this condition pre-dated the adoption of the Chesapeake Bay Preservation Ordinance which now covers the protection of creeks and streams. Current Zoning Ordinance requirements preclude the location of retention ponds within required buffers so as to preserve existing vegetation and to provide intermittent visual separation between uses. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) 2 02SN0236-OCT23-BOS CONDITIONS (STAFF) 1. In conjunction with the approval of th/s request, Condition 9 of Case 88SN0056 shall be deleted for the request property only. (EE) (ST F) 2. Retention ponds shall not be permitted within any buffers required by Condition 3 of Case 88SN0056. (P) (NOTES: Condition 2 modifies Condition 3 of Case 8gSN0056 for the request property only. Conditions 3 and 9 of Case $8SN0056 remains for that part of the property which was the subject of the original Conditional Use Planned Development not included in this application. Ail other conditions of Case 88SN0056 remain applicable.) PROFFERED CONDITIONS (STAFF) 1. Any open basins required for water quantity or quality which are designed as wet ponds shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed on the Property. At the time of site plan submission, a plan depicting these requirements shall be submitted for review and approval. (P) · (STAFF) 2. Freestanding parking lot lights shall not exceed twenty (20) feet in height. (P) (ST F) 3. Evergreen shrubs 0fat least two (2) feet in height at the time of planting and spaced to create a continuous hedgerow at maturity shall be provided along Route 360 and Mockingbird Lane where adjacent to parking. These shrubs shall be in addition to the perimeter landscaping requirement in the zoning ordinance. (P) (STAFF) 4. An underground automatic irrigation system shall be provided for the landscaping along U.S. Route 360 and Mockingbird Lane. (P) GENERAL INFORMATION Location: Southwest quadrant of Hull Street Road and Mockingbird Lane and west line of Harbourside Drive. Tax ID 730-673-1465, 2097, 2291 and 4078 (Sheets 15 and 16). Existing Zoning: C-2 and 0-2 with Conditional Use Planned Development 3 02SN0236-OCT23-BOS Size: 8.4 acres Existing Land Use: Vacant Adjacent Zonin~ and Land Use: North - 0-2 with Conditional Use Planned Development; Commercial South - R-i 2 with Conditional Use Planned Development; Single family residential East - C-2 and O~2 with Conditional Use Planned Development, R-7 with Conditional Use and R-7; Office and daycare (both under construction), public utility or single family residential West - C-2 and 0-2 with Conditional Use Planned Development; Single family residential or vacant UTILITIES Public Water System: There is an existing twenty-four (24) inch water line extending along the north side of Hull Street Road, adjacent to the request site. In addition, there is an existing eight (8) inch water line along Mockingbird Lane, adjacent to the request site. Use of the public water system is required by a previous condition of zoning. (Condition 5, Case 88SN0056) Public Wastewater System: There is an existing eight (8) inch wastewater collector extending along part of Shlps Watch Lane, ending approximately 150 feet south of the request site. Use of the public wastewater system is required by a previous condition of zoning. (Condition 5, Case 88SN0056) ENVIRONMENTAL Drainage and Erosion: The property drains to the southeast and enters Swift Creek below the reservoir. Currently, there are no known or anticipated on- or off-site drainage or erosion problems. Staff supports the applicant's requested deletion of Condition 9 to eliminate the restrictions placed upon the cleating or grading of slopes greater than fifteen (15) percent. This condition was imposed prior to the implementation of the Chesapeake Bay Preservation Ordinance. 4 02SN0236-OCT23-BOS Water Quality: Proffered conditions address the design of any above ground facility required for water quality or quantity control (SWM/BMP). Specifically, these areas will be designed and landscaped so as to become amenities for uses developed on the property. (Proffered Condition i) PUBLIC FACILITIES Fire Service: The Clover Hill Fire/Rescue Station, Company Number 7, currently provides fire protection and emergency medical service. This request will have minimal impact on fire and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection and access requirements will be evaluated during the plans review process. Transportation: The 2001 traffic volumes along the section of Route 360 from Woodlake Parkway to Route 288 ranged from 44,000 to 61,000 vehicles per day. These traffic volumes exceed the capacity of the road, and drivers experience extreme congestion especially during peak periods. The Virginia Department of Transportation Six-Year Improvement Program did include a project to widen Route 360 to six (6) and eight (8) lanes from Swift Creek to Wiuterpock Road. Part of the project, improvements to the Swift Creek Bridge, is funded and is currently underway. However, due to State budgetary shortfalls, no construction funds have been allocated to complete the balance of tltis project. At time of site plan review, specific recommendations will be provided regarding access and internal circulation. LAND USE Comprehensive Plan: Lies within the boundaries of the UCner Swift Creek Plan which suggests the property is appropriate for a mixture of corporate office and multi-family residential uses. The Plan stipulates that non-residential developments should not create excessive noise or glare, should have limited coordinated accesses and should be compatible with area residential developments. 5 02SN0236-OCT23-BOS Area Development Trends: Properties to the south and west of the subject property are zoned Corporate Office (0-2) and Neighborhood Business (C-2) and are part of the approved Master Plan that encompasses the -subject property. These properties are currently vacant or occupied by single family dwellings. The property to the north is zoned Corporate Office (0-2) and is part of the Harbour Pointe development and properties to the east are zoned C~2, 0-2 and R-7 with Conditional Use and R-7 and are occupied by office and daycare, both under construction, public utility use or single family dwellings located within the Mockingbird Hill Subdivision. The Plan suggests that commercial services should be provided at major intersections with transitional uses, such as office and higher density residential, between those commercial nodes. Zonine Histo~: On October 26, 1988, the Board of Supervisors approved a rezoning of a forty-one (41 ) acre tract to Residential (R-12), Office Business (O) and Convenience Business (B-l) with Conditional Use Plarmed Development to permit use and bulk exceptions (Case 88SN0056). A mixed use development incorporating commercial, office and single family residential uses was proposed. In conjunction with this case, a Master Plan was approved, depicting a bank located at the intersection of Hull Street Road and Mockingbird Lane. Two (2) access points were proposed to the commercial/office development, one being from Mockingbird Lane and the other from Hull Street Road, towards the project's western property line. The focus of the commemial/offiee development would be along a series of internal driveways stemming from these two (2) points of public access. The types of commercial uses permitted on the "B- 1" tract as well as the associated hours of operation were limited to focus the provision of products and services primarily to neighborhood residents. At the time of zoning, the property was part of the area covered under the Powhite/Route 288 Development Area Land Use and Transportation Plan. The Plan designated property north of the AT & T easement for office uses with the remainder of the property for medium density residential uses. However, staff recommended that light commercial uses north of this easement would be appropriate if restricted to those uses that would provide limited retail and personal services to area residents. Many of the restrictions were designed around current Convenience Business (C-l) standards. Through design, size, scale and hours of operation, it was determined that the proposal would not infringe upon area residential lifestyles. A meeting with the District's Board and Commission members, staff and area res/dents assisted in formulating a list of proposed restrictions, some of which were acceptable to the applicant. It should be noted that area residents supported restricting the development located at the intersection of Hull Street Road and Mockingbird Lane to bank or office uses so as to protect the entrance into existing and future residential development. As approved, the quadrant was limited to bank use only. 6 02SN0236-OCT23-BOS On August 15, 2000, the Planning Commission acknowledged the withdrawal of a request to amend Case 88SN0056 to delete conditions relative to compliance with approved Master Plan, hours of operation, internal project focus and restrictions on the clearing and grading on slopes greater than fifteen (15) percent (Case 00SN0187). A convenience store with gasoline sales was planned ona 4.75 acre portion of the request property, located at the intersection of Hull Street Road and Mockingbird Lane. With the exception of the requested relief to the clearing and grading restrictions, staff was not supportive of this request. Site Design: The request property lies within an Emerging Growth Area. Development of the site must conform to the requirements of the Zoning Ordinance and conditions of Case 88SN0056 wltich address access, parking, landscaping, arckitectural treatment, setbacks, signs, buffers, utilities and screen/rig of dumpsters and loading areas. Architectural Treatment: Current conditions of Case 88SN0056 require that individual projects in the Neighborhood Commercial (C-2) and Corporate Office (O~2) Tracts must not exceed 5,000 square feet of gross floor area per acre, respectively (Conditions 13 and 14). The applicant is requesting the ability to transfer an unlimited amount of permitted floor area from the 0-2 Tract to the C-2 Tract, provided this transferred square footage is devoted solely to second-story office/storage uses, Mockingbird Lane, which serves as the access to the C-2 and O-2 Tracts, was designed as the principal entrance to the Mockingbird Hill and Harbour Green Subdivisions. The original intent of Conditions 13 and 14 was to limit the impact of the commercial and office uses upon area residential development through design. Specifically, the buildings should have a size, scale and massing compatible with area residential development. The requested exception to density undermines the design criteria established to achieve land use compatibility, transition and quality of development. Currently, Emerging Growth District Standards limit the height of buildings in'commercial districts to two (2) stories or thirty (30) feet, whichever is less, when such buildings are located within 200 feet of any existing residential neighborhood. Beyond this distance, building height is limited to three (3) stories or forty-five (45) feet, whichever is less, subject to achieving architectural compatibility with adjacent residential neighborhoods, as required by conditions of zoning as well as the Zoning Ordinance. In response to area residents~ concerns with respect to three (3) story structures, the applicant has limited the number of stories for build'rags located within the "C-2" Tract and beyond the 200 foot distance to two (2) stories; however, this condition also allows for a maximum height of forty-five (45) feet wb_/eh is equivalent to that ora three (3) story building. As proposed, this amendment to Condition 13 does not guarantee a decreased building height beyond which is currently permitted by Ordinance. 7 02SN0236-OCT23-BOS Master Plan and Internal Proiect Focus: As a resuk of concerns expressed by area residents with respect to protecting the entrance into existing and future residential development, the Master Plan approved with Case 88SN0056 restricts the development located at the intersection of Route 360 and Mockingbird Lane to a bank use. Further, the focus of the commercial/office development would be along a series of internal driveways stemming fi:om the two (2) points of public access located at Mockingbird Lane and Hull Street Road, towards the project's western boundary. Parking would be located primarily at or behind the line of buildings along Route 360. (Condition 1 and Textual Statement) The applicant has requested that the approved Master Plan be substituted with a new plan for the subject property and that the requirement for internal project focus be eliminated (reference attactm~ents). This revised Master Plan depicts a bank/savings and loan association and/or office located at the intersection of Mockingbird Lane and Route 360. The development of a bank, office or combination thereof is appropriate at this intersection given that such uses will continue to protect the entrance to the existing subdivision developments. In contrast, the revised Master Plan no longer commits to a project focus that is neighborhood oriented. As a result, development could be oriented towards Route 360, creating a project remirdscent of typical strip commercial development, with parking areas located between the buildings and Route 360 and loading areas along the internal driveways. Uses: Condition I 1 of Case 858N0056 restricts uses within the C-2 Tract to certain C-1 uses that provide limited retail and personal services to area residents. The applicant has requested that the permitted commercial uses be expanded to include several C-2 uses which are as follows: appliance store; bicycle sales/rental; clothing store; gift shop; delicatessens; furniture/carpet; hobby stores; jewelry store; locksmith; paint store; wallpaper store; toy store; optometrist; photography studio; cell phone store; travel agency; sewing machine and vacuum sales/service; sporting goods and ice cream store. As previously noted, at the time of zoning, the Powhite/Route 288 Develol>ment Area Land Use and Transportation Plan designated the C-2 Tract for office uses; however, staff recommended that light commercial uses would be appropriate if restricted to limited commercial conveniences to serve area residents as part ora mixed use project. The current Upper Swift Creek Plan suggests that this property is appropriate for corporate office and multi-family residential uses. Therefore~ the commercial uses currently permitted by Case 88SN0056 represent the maximum flexibility provided for commercial development on this site. Expanding upon these uses no longer limits the focus of the provision of products and services primarily to neighborhood residents, but would routinely attract customers from larger areas and is contrary to the Plan. Buffers and Screening: Conditions of Case 888N0056 require a fifty (50) foot buffer along the 0-2 boundary adjacent to the R-12 property to the south. A retention pond is permitted within this buffer, g 02SN0236~OCT23-BOS provided landscaping around this project provides a year-round screening of commercial and offices uses from the Residential (R-12) Tract (Condition 3, Case 88SN0056). To address concerns of adjacent residents, the applicant has requested that Condition 3 be amended to preclude encroachment of any retention pond into these buffer areas. This amendment is consistent with current Zoning Ordinance requirements which preclude the inclusion of retention ponds will,in buffers so as to preserve existing vegetation and to provide intermittent visual separation between the existing residential and the proposed office/commemial uses. Landscaving: In an attempt to mirdmize views of parking areas from Hull Street Road and Mockingbird Lane, Proffered Condition 3 requires a hedgerow of evergreens along both rights of way in additional to perimeter landscaping requirements' of the Zoning Ordinance (Proffered Condition 3). These views would be more effectively minimized through the location of parking areas at or behind the buildings that they serve, as generally shown on the approved Master Plan. The Zoning Ordinance requires that all landscaped areas be provided with a readily available water supply. The applicant has proffered the use of an underground irrigation system for landscaping installed along Hull Street Road and Mockingbird Lane. (Proffered Condition 4) Lighting: In response to area residents' concerns with respect to the height of parking lot lighting fixtures, the applicant has proffered a maximum height for freestanding parking lot lights of twenty (20) feet. (Proffered Condition 2) CONCLUSIONS The proposed deletion of conditions relative to compliance with the Master Plan, imemal project focus and increased densities in the commercial tract are in direct conflict with the recommendaf~ons for the original zoning case approval with respect to protecting the residential character of the surrounding subdivision developmems and the entrance into those subdivisions. The orientation of this development towards Route 360 with direct access to this corridor alters the focus of this project from its original neighborhood orientation and is reminiseant of typical strip commercial development. The Upper Swift Creek Plan suggests that this property is appropriate for corporate office and multi- family residential uses. The Plan further suggests that limited commercial services should be located at the intersection of collector roads designed as part ora planned neighborhood development. These convenience nodes are to serve only the immediate residential neighborhoods and should be limited to a maximum project size of three (3) acres. Not considered as a convenience node, the subject property exceeds the non-residential use limitations presented under the current Plan's designation. 9 02SN0236-OCT23-BOS Therefore, with the exception of the deletion of Condition 9 addressing the clearing and grading of slopes, and the amendment to Condition 3 precluding retention ponds within required buffers, the current zoning conditions of Case 88SN0056 should be maintained to ensure the project's continued neighborhood focus and limited impact on area residents. CASE HISTORY Planning Commission Meeting (6/18/02): At the request of the applicant, the Commission deferred this case to September 17, 2002. Staff (6/19/02): The applicant was advised in writing that any significant new or revised information should be submitted no later than July 15, 2002, for consideration at the Commission's September public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (7/24/02 and 8/1/02): Amended Textual Statements were submitted. Staff, Applicant and Area Residents (8/1/02): A meeting was held to discuss the applicant's amended Textual Statement. Area residents expressed concerns relative to landscaping along Hull Street Road, retention ponds in buffers, lighting, heights of buildings and site design. Applicant (8/18/02 and 8/21/02): The application was amended to delete requested exceptions to architectural treatment (Condition 13) and to add requested exceptions to gross floor area (Condition 14) and modification to buffer standards (Condition 3). Amended Textual Statements and Master Plans and Proffered Conditions were submitted. The deferral fee was paid. 10 02SN0236-OCT23-BOS Planning Commission Meeting (9/17/02): The applicant did not accept the recommendation. There was support present. Those in support indicated that the additional commercial uses would not adversely impact the neighborhood; that excluding retention ponds from the buffer was appropriate; and that flexibility in uses would encourage development that should compliment the Hull Street Road Corridor. Mr. Stack noted that the request did not comply with the Plan; that there are more neighbors who oppose rather than support the request; and that the proposal will not best serve the Hull Street Road area. Messrs. Gulley and Cmmingham indicated that thc proposal lacked guarantees with respect to the ultimate layout, uses and building heights. Mr. Litton indicated that prior to the Board of Supervisor's consideration of this case, the applicant may have an opportunity to provide these guarantees for the proposed development. On motion of Mr. Stack, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Unanimous. The Board of Supervisors, on Wednesday, October 23, 2002, beginning at 7:00 p.m., will take under consideration this request. 11 028N0236-OCT23-BOS COld · . I1.0 ~SUBJECT PROPERTY APPROVED MASTER, PLAN pROpOSED MASTER PLAN ~N