02SN0258-OCT23.pdfe .....u_. ~-~ -,^^,~ CPC
October 23, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0258
CLF & Associates, Inc.
Midlothian Magisterial District
Northwest quadrant of Old Buckingham Road and Alverser Drive
REQUEST:
Amend Conditional Use (Case 00SN0188) Proffered Condition 8, relative to uses
and hours of operation. Specifically, a limited number of uses from the Community
Business (C-2) District as well as carry out and fast food restaurants are requested.
The applicant also wishes to modify the hours of operation for any restaurant that
would be allowed on the property.
PROPOSED LAND USE:
In addition to uses currently permitted, the applicant is requesting to be allowed to
develop commercial uses from the Community Business (C-2) District as well as
carry out and fast food restaurants.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF KECOMMENDATION
Recommend denial for the following reasons:
The uses proposed by this application represent intensification of the retail uses
permitted on the site. At the time the property was zoned, it was noted that the retail
uses did not conform to the Alverser/Old Buckingham Plan Amendment which
suggests the property is appropriate for office uses. However, it was the consensus of
Providing a FIRST CHOICE Community Through Excellence in Public Service.
the Commission and Board that the zorfing proposal with the limitations outlined in
the proffers addressed the goals of the Plan to pro¥ide a transition between the
commercial corridor and existing and anticipated residential development to the west
by limiting the intensity and location of the retail uses.
Other properties in the area are already zoned for commercial development and are
better situated for such use. Specifically, large tracts of commercially zoned land in
the vicirfity of Chesterfield Towne Center, east of Huguenot Road could
accommodate the proposed uses without encroaching on area residential
development, west of Huguenot Road and Alverser Dfive.
Approval of this request could set a precedent for other imense commercial uses on
the site,
(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
RECOMIVlENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(cPc) 1.
Limitation of uses within Tract B-1. Within that portion of the property
designated on the "Zoning Plan" dated 6-25-02 prepared by Balzer and
Associates, Inc., as Tract Bq, permitted uses shall include those uses
permitted by fight or with restrictions in the Corporate Office (0-2) District,
plus those permitted by fight or with restrictions in the Converfience Business
(C-l) District, except that the following uses shall not be permitted:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
1)
m)
n)
Converficnce store.
Gmcery store.
Gasoline sales.
Funeral homes or mortuaries.
Messenger or telegraph services.
Post offices, limited to federal post offices.
Telephone exchanges.
Public or private parks, playgrounds, and/or athletic fields.
Public or private utility uses.
Coin operated dry-cleaning; pressing; laundry and Laundromat; not to
include dry oleaning plants.
Nursery schools and child or adult daycare centers and kindergartens.
Motor vehicle accessory store.
Intercoms as an accessory to a permitted use.
Libraries.
2 02SN0258-OCT23-CPC
o)
p)
q)
s)
Propagation and cultivation of crops, flowers, trees and shrubs which
are not offered for sale.
Public and private forest s, wildlife preserves and conservation areas.
Fire Stations.
Golf courses; and
Hospitals.
In addition, the following Neighborhood Business (C-2) uses shall be
permitted:
Antique shops, not to include pawnbrokers, indoor and outdoor flea
markets and secondhand and consignment stores.
Art schools, galleries or musems.
Artists material and supply stores.
Bicycle sales and rentals.
Catering establishments as an accessory to restaurant only.
Clothing stores.
Communication studios, offices, and stations, exclusive of towers.
Curio or gift shops.
Eyewear sales and service.
Furniture stores.
Hobby stores.
Jewelry stores.
Locksmith operations.
Medical facilities or clinics.
Musical instrument stores.
Office supply stores.
Paint or wallpaper stores.
Radio, television and other home entertainment, sales and services.
Sporting goods sales.
Restaurants, to included catty-out and non-traditional fast food
restaurants, subject to the following provisions:
i) any carry-out or fast food restaurant shall have a minimum
35% of the gross floor area devoted to indoor patron seating;
ii) there shall be no drive-in window or curb service;
iii) consumption of foods or beverages within a motor vehicle
parked upon the premises or at other facilities on the premises
outside the building, except as stated herein, shall be
prohibited and such prohibition shall be strictly enforced by
the restaurant. This shall not preclude the restaurant from
having outdoor seating provided the outdoor seating area is
located directly adjacent to the restaurant; accessed through
the restaurant only and not directly from outside and an area
has been designed and constructed to specifically
accommodate such seating.
3 02SN0258-OCT23-CPC
(cPc) 2.
Location:
iv) any carry-out or fast food restaurant shall not be freestanding;
v) the restaurant shall not be open to the public between the
hours of 11:00 p.m. and 6:30 a.m.
Toy stores. (P)
(Note: This Proffered Condition supercedes Proffered Condition 8 of Case
00SN0188 for the subject property only. All other proffered conditions of
Case 00SN0188 for Tract B remain applicable to Tract
Development on Tract B- 1 shall be limited to a single building not to exceed
a height of one (1) story or twenty-five (25) feet, whichever is less. (P)
GENERAL INFORMATION
North line of Old Buckingham Road and west line of Alverser Drive. Tax ID 739-710-3648
(Sheet 6).
ExistinwZonin~:
Size:
0-2 with Conditional Use
3.4 acres
Existing Land Use:
Vacant
Adiacent Zonin~ and Land Use:
North - 0-2 with Conditional Use; Office
South - R-MF and 0-2 with Conditional Use Planned Development; Office and multi- .
family residential
East C-3 and C-4 with Conditional Use Planned Development, 0-2 and C-2; Office
and commercial
West 0-2 with Conditional Use; Office (under construction)
4 02SN0258-OCT23-CPC
UTILITIES
Public Water System:
The property is served by an on-site eight (8) inch water line that extends from an existing
twelve (12) inch water line in Alverser Drive. Use of the public water system is required by
Condition 14 of Case 00SN0188,
Public Wastewater Syste. m:
The property is served by an on-site eight (8) inch wastewater collector line extending from
an eight (8) inch wastewater collector line in Old Buckingham Road. Use of the public
wastewater system is required by Condition 14 of Case 00SN0188.
ENVIRONMENTAL
Drainage and Erosion:
This amendment will have no greater impact on drainage or erosion than the uses already
approved.
PUBLIC FACILITIES
Fire Service:
This amendment will have no greater impact on fire services than the uses already approved.
Transportation:
In March 2000, the Board of Supervisors approved a rezoning request (Case 00SN0188) on
approximately nine (9) acres fronting Huguenot Road, Alverser Drive and Old Buckingham
Road. The subject property is part of that original zoning request. As part of that zorfing
approval, the Board accepted transportation related proffers that include right of way
dedications, access control and construction of road improvements along ali three (3)
roadways. The required road improvements were provided with partial development of the
property.
The applicant is specifically requesting modification to a condition of the original zoning
(Condition 8), to allow additional retail uses to be developed on the property. These
additional uses will have a minimal impact on thc anticipated traffic generated by
development of the property.
At time of site plan review, specific recommendations will be provided regarding internal
circulation.
5 02SN0258-OCT23-CPC
LAND USE
Comprehensive Plan:
The request site lies within the boundaries of the Alverser/Old Buckingham Plan
Amendment which suggests the request property is appropriate for office uses.
In 1987, following several proposals for rezoning on portions and/or all of the request
property, an amendment to the Northern Area Land Use and Transportation Plan was
undertaken. The area encompassed by the Plan generally included the land area lying
between Olde Coach Village to the north and west, Huguenot Road to the east and Route 60
to the south. The Alverser/Old Buckingham Plan Amendment was prompted by
neighborhood concerns regarding the possibility of commercial development along Old
Buckingham Road near Alverser Drive. The Plan concluded that office uses would be a
more appropriate transition between the residential and general business uses that exist in
this area than extending commercial development.
Area Dev~lol~ment Trends:
Properties to the east and southeast, along the Huguenot Road Corridor, are characterized by
a mix of office and commercial zonings and land uses. Property to the north is occupied by a
banking facility and office uses and to the west along Old Buckingham Road are
characterized by office uses currently trader construction and residential uses. These
residential properties have been developed for single family residences in Olde Coach
Village and Bransford Subdivisions or remain vacant. The property to the south is
characterized by residential multi-family units in Buckingham Woods Subdivision and by
office uses.
Since adoption of the Plan, the area has experienced a tremendous amount of commercial
growth through the expansion of the Chesterfield Towne Center and the development of
projects such as Lowes, Hopps and Best Buy, north of the Towne Center. Some zoning
actions in the area have occurred that are contrary to the Plan such as the commercial
development to the southeast. The Plan designated this property for office use, however,
commercial zoning and development was ultimately approved.
Zoning History:
On February 27, 1985, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning and Conditional Use Harmed Development to
allow office and day care center use on the request property and adjacent property to the
north and west. (Case 85S015)
On June 24, 1987, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 85S015 and a Conditional Use
6 02SN0258-OCT23-CPC
Planned Development to allow nursing home use on the request property and adjacent
property to the north and west. (Case 87S070)
On March 15, 2000, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning fi:om Residemial (R-7) and Corporate Office (0-2)
to Corporate Office (O~2) with Conditional Use to permit limited commercial uses (Case
00SN0188). It was the consensus of the Commission and Board that the proffered conditions
would insure that the spirit and intent of the recommendations of the Plan would be met by
providing for office uses adjacent to existing and future area residential uses and limiting the
intensity, hours and location of retail uses so as to insure that the retail uses would not
adversely impact area residents.
Site Design:
With approval of this request, this use would be subject to the proffered condition of this
case, the proffered conditions of the previous zoning (Case 00SN0188) and requirements of
the Zoning Ordinance for developmem within a Corporate Office (0-2) District located in an
Emerging Growth Area.
As part of the existing zoning, a"Zoning Plan" was accepted, dividing the property into two
(2) tracts, Tract A and Tract B (See attached). Tract A was limited to those uses permitted by
right and with restrictions in the Corporate Office (0-2) District except that funeral homes or
mortuaries; fire stations or rescue squads; hospitals; medical clinics; and veterinary offices
were prohibited. In addition, one (1) bank/savings and loan association was permitted in
Tract A. Uses permitted in Tract B were restricted to those uses permitted by fight and with
restrictions in the Corporate Office (0-2) District plus those uses permitted by right and with
restrictions in the Convenience Business (C- 1) District except for convenience store, grocery
store or gasoline sales. Further, ifa restaurant were to locate on Tract B, the proffers require
that the restaurant be located between the two (2) accesses shown to Alverser Drive on the
"Zoning Plan".
Current Proposal:
The current proposal further divides Tract B into Tracts B and B-1. The proposed
amendment to Proffered Condition 8 would allow, in addition to currently permitted uses, a
limited number of Community Business (C-2) uses, to include carry out and fast food
restaurants in Tract B-1. In addition, with approval, any restaurant use would be allowed to
open ~ early a~ 6:30 a.m. as opposed to 8:00 a,m. as restricted by the current zoning.
(Proffered Condition 1)
While a restaurant was accepted as approved on the subjeet property, the approval limited the
facility to a sit-down restaurant, rather than a fast food or carry-om restaurant. The requested
carry out and fast food restaurant use is not meeting the intent of the Plan for this area nor the
intent of the negotiated zoning case. The circumstances for the acceptance of the restaurant
with Case 00SN0188, was that the restaurant would be located along Alverser Drive,
7 02SN025g-OCT23-CPC
between the two (2) Alverser Drive entrances and away fi:om the residential areas and have
limited hours of operation. The intent of the Plan was, therefore, met with the proffers by
limiting the intensity of retail uses and providing appropriate land use transition. The
proposed request for a carry out and fast food restaurant, as well as Community Business (C-
2) uses is intensifying the uses that are allowed on this property.
Area property owners have expressed concerns about the number and height of buildings that
may be located on Tract B-I. To address these concerns, the applicant has agreed to lirnit
development to one (1) building not to exceed a height of one (1) story or twenty-five (25)
feet. (Proffered Condition 2)
Development Standards:
Currently, the property lies within an Emerging Growth District Area. The Zoning
Ordinance specifically addresses access, landscaping, setbacks, parking, signs, buffers,
utilities and screening for developments w~thin these areas. The purpose of the Emerging
Growth District Standards is to promote high quality, well-designed projects. It should also
be noted, some development requirements are governed by conditions of approval for Case
00SN0188. Approval of this request would not affect those requirements.
CONCLUSIONS
The uses proposed represent intensification of the retail uses permitted on the site. At the time the
property was zoned, it was noted that the proposed retail uses did not conform to the Alverser/Old
Buckingham Plan Amendment which suggests the property is appropriate for office uses. However,
it was the consensus of the Commission and Board that the zoning proposal, with the limitations
outlined in the proffers, addressed the goals of the Plan to provide a transition between the
commercial corridor and existing and anticipated residential development to the west by limiting the
intensity and location of the retail uses.
Other properties in the area are already zoned for commercial development and are better situated for
the proposed uses. Specifically, large tracts of commercially zoned land in the vicinity of
Chesterfield Towne Center, east of I-Iuguenot Road could accommodate the proposed uses without
encroaching on area residential development, west of Huguenot Road and Alverser Drive. Approval
of this request could set a precedent for other more intense retail uses on this site.
Given these considerations, denial of this request is recommended.
8 02SN025$-OCT23-CPC
CASE HISTORY
Staff (7/10/02):
The applicant submitted a proffered condition which limited development to a single
building with a maximum height of one (1) story or twenty-five (25) feet.
Planning Commission Meeting (7/16/02):
On their own motion, the Commission deferred this case to September 17, 2002.
Staff (7/I 7/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than July 22, 2002, for consideration at the Commission's September
17, 2002, public hearing.
Staff (8/8/02):
To date, no new information has been received.
Plann/ng Commission Meeting (9/17/02):
The applicant .did not accept staff's recommendation, but did accept the Plarming
Commission's recommendation. There was no opposition present.
Mr. Gecker indicated that because office uses are under construction to the east, he did not
feel that approval of this request would establish a precedent for further commercial
development along Old Buckingham Road.
On motion of Mr. Gecker, seconded by Mr. G-ulley, the Commission recommended approval
of this request and acceptance of the proffered conditions on pages 2 thxough 4.
AYES: Unanimous.
9 '02SN0258-OCT23-CPC
The Board of Supervisors, on Wednesday, October 23, 2002, beginrfing at 7:00 p.m,, w/ll take under
consideration this request.
10 02SN0258-OCT23-CPC
CURRENT "ZONING PLAN"
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