14SN0502
CASE MANAGER: RyanRamsey
September 17, 2013CPC
October 23, 2013 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
14SN0502
Walter Barineau and Elliot S. Eisenberg
DaleMagisterial District
East line of Hopkins Road, south of Meadowdale Boulevard
REQUEST:Amendment of conditional use planned development (Case 07SN0166) relative to
uses, setbacks, buffers, landscaping and parking.
PROPOSED LAND USE:
A freestanding restaurant, to possibly include afast food or carry out restaurant
whose principal use is for beverages and/or frozen desserts, is planned.Exceptions
are requested to reduce the number of required parking spacesfor restaurant uses, to
reducesetbacksfor buildings, drives and parking areas,to eliminate arequired
buffer and modifyperimeter landscape standards.With approval of this request, uses
would be limited to those permitted by right or with restrictions in the Corporate
Office (O-2) District, plus the noted restaurant use. (Proffered Condition 1)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
AYES: MESSRS. BROWN, WALLIN, PATTON AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approvalfor the following reason:
The request property is an infill location at an existingcommercial intersection that has
remained undeveloped for an extended period of timedue to several site constraints.
Existing drainage and access easements that serve neighboring developments severely
encumber the buildable area of the request property. Current setback, buffer, parking and
landscaping requirements further reduce the buildable area of the property. As proffered,
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the proposed land use, development standardsand bulk requirement exceptionsare
compatible with existing and anticipated area 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.)
PROFFERED CONDITIONS
The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code
of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County,for themselves
and their successors or assigns, proffer that the property under consideration (the “Property”) will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owner and applicant.In the event
this request is denied or approved with conditions not agreed to by the owner and applicant, the
proffer shall immediately be null and void and of no further force or effect.
The proffered conditionsof Case 07SN0166 are hereby amended and restated as follows:
(STAFF/CPC)1.Uses.Uses shall be limited to those uses permitted by right or with
restrictions in the Neighborhood Office (O-1) District plus restaurant
uses not to include fast food or carry out restaurants other than
restaurants whose principal use is for beverages and/or frozen
desserts in a ready-to-consume state which shall be permitted. (P)
(STAFF/CPC)2.Stormwater Retention.Prior to the submittal of a site development
plan, a drainage study shall be submitted to the Environmental
Engineering Department for review and approval.The purpose of the
drainage study is to address the inadequate downstream storm
drainage facilities and to determine what combination of onsite
improvements will produce a negligible amount of runoff in
accordance with regulations which would require no variances under
the County's Erosion & Sediment Control Program to be granted by
the Environmental Engineering Department. (EE)
(STAFF/CPC)3.Vehicular Access.Direct vehicular access to Hopkins Road shall be
limited to one entrance/exit at its current location. (T)
(STAFF/CPC)4.Architectural Treatment.Development shall be limited to a
maximum of one building not to exceed 2000 gross square feet.
Development of the Property shall be in general conformance with
the architectural appearance and materials shown on the elevations
attached hereto. (P)
(STAFF/CPC)5.Master Plan.The Textual Statement dated August 26, 2013 shall be
the Master Plan. (P)
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(STAFF/CPC)6.Freestanding Signage.Any freestanding signage shall not exceed
eight (8) feet in height, twenty (20) square feet of permanent copy,
and five (5) square feet of changeable copy. (P)
GENERAL INFORMATION
Location:
The request property is locatedon the east line of Hopkins Road, south of Meadowdale
Boulevard. Tax ID 781-684-1434.
Existing Zoning
:
C-3 with conditional use planned development
Size:
0.5 acre
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North –C-2; Vacant
South –R-7; Single-family residential
East –C-2 and O-2; Office
West –C-2 and R-7; Commercial and public/semi-public
UTILITIES
Public Water System:
The request site is located within the Centralia water pressure zone. There is a sixteen (16)
inch water line located along the east side of Hopkins Road.The use of the public water
system is required by County Code. Due to the proposed restaurant use, County Code will
also require the installation of a water backflow prevention device which must be tested
annually.
Public Wastewater System:
The request site is located within the Kingsland Creek service area. There is an eight (8)
inch wastewater line located at the rear property line of the request site. The use of the
public wastewater system is required by County Code.Due to the proposed restaurant
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use, County Code will also require the installation of a monitoring manhole to permit
observation, measuring and sampling of the wastewater discharge.
ENVIRONMENTAL
Drainage and Erosion:
The information from Environmental Engineering about this site from Case 07SN0116
included the following:
“The subject property drains to the south to an adjacent man made channel along the
southern property line.The water then flows to the rear of homes in Meadowdale
subdivision and then via an underground stormwater conveyance system and paved
channels to tributaries of Falling Creek. The channel to the rear of approximately ten
(10) homes in Meadowdale subdivision and the downstream storm sewer system are
inadequate and have caused severe flooding over the years.”
The ability to implement channel improvements immediately downstream of the site is
hindered by the absence of required easements and potentially Corps permitting issues.The
storm sewer is a part of an elaboratestorm sewer network traversing the roads in
Meadowdale Subdivision so that there is no realistic way of enlarging existing storm sewer
diameters.A study is required to determine a stormwater management approach which will
meet regulations and not exacerbate the existing flooding risk(Proffered Condition 2).The
range of storms that must be addressed runs up through the 100 year storm.
PUBLIC FACILITIES
Fire Service:
The Dale Fire Station, Company Number 11, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
The proposed land use will have a minimal impact on the anticipated traffic generation
from development on the property.
Virginia Department of Transportation(VDOT):
An existing commercial entrance exists adjacent to the northern side of the parcel.This
entrance is located inappropriately in the taper to a turn lane.However, if another
commercial entrance is desired to serve thisparticular parcel, such an entrance must meet
the location requirements for a commercial entrance for a minor arterial, or urban collector,
as found in 24VAC-30-73, and the guidance for high volume commercial entrances found in
the VDOT Road Design Manual, Appendix F.
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LAND USE
Comprehensive Plan:
The Comprehensive Plandesignates the request property for Neighborhood Business use
where commercial uses that serve neighborhood-wide trade areasare appropriate.
Area Development Trends:
The area is characterized by commercial uses concentrated at the Hopkins
Road/Chippenham Parkway Interchange. South of Meadowdale Boulevard and west of
Hopkins Road, with the exception of the immediate intersection, uses are predominately
limited to residential and public/semi-public (Hopkins Elementary School).It is anticipated
that any development or redevelopment along Hopkins Road, south of Meadowdale
Boulevard, will be predominately for neighborhood businessusesat the intersection,with
residential uses continuing tothe south of the request property, assuggested by the Plan.
Zoning History:
OnJune 27, 1979the Board of Supervisors, with a recommendation for denial by the
Planning Commission, approved Office Business (O) and Convenience Business (B-1)
zoning on aportion of the subjectproperty as well as adjacent property to the north and
east (Case 79S062).Proffered conditions limited uses on the B-1 portion to a savings and
loan association and/or office buildings, restricted architecture to colonial-styled
buildings, limited access to one (1) driveway, and provided a ten (10) foot buffer along
the southern property line.
On June 25, 1980 the Board of Supervisors, with a recommendation of approval by the
Planning Commission, approved an amendment of conditional rezoning (Case 79S062)
on a portion of the subject property as well as adjacent property to the north and east
(Case 80S066).Proffered conditions established buffers along the eastern and southern
property lines of the request and neighboring property to the north and east as well as
addressed permitted usesfor an existing residential structure.
On February 28, 2007 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning of the request propertyfrom Neighborhood
Business (C-2) and Corporate Office (O-2) to Community Business (C-3) (Case
07SN0166).Proffered conditions limited uses on subject property to those uses permitted
by right or with restrictions in the Neighborhood Office (O-1) District plus restaurants
uses, to include fast food restaurants without drive-in windows.An exception to required
parking was also obtained at a ratio of one (1) parking space for each 200 square feet of
restaurant space.Proffered conditions restricted the size and architectural treatment of the
building.
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Development Standards:
The property lies within theEmerging Growth Area.Except for requested modifications to
setbacks, architectural treatment, landscaping and the number of parking spaces as outlined
by the proffered conditions and textual statement, development of the property must
conform to Emerging Growth Arearequirements which address access, parkingarea design,
landscaping, setbacks, lighting, pedestrian access, signs, buffers, utilities and screening of
dumpsters and loading areas.
Restaurant:
Current conditions of zoning restrict uses to those uses permitted by right or with restrictions
in the Neighborhood Office (O-1) Districtand restaurant uses, to include fast food
restaurants without drive-in windows(Case 07SN0166, Proffered Condition 1, Attachment
3).Sit down and carry out restaurants are first permitted by right in Convenience Business
(C-1) and Neighborhood Business (C-2) Districts, respectively.Fast food restaurants are
first permitted as use with certain restrictions in the Community Business (C-3) District.
The applicant proposes amending Proffered Condition 1 of Case 07SN0166 to permit fast
food or carry out restaurants whose principal use is for beverages and/or frozen desserts in a
ready-to-consume state (Proffered Condition 1). This amendmentwould also allowdrive-in
windows in conjunction with a restaurant use. Afast food restaurant (McDonalds)with a
drive-in window continues to operate north of the request property.Proffered conditions
offered by the applicant will limit the intensity of any fast food or carry out restaurant and
subsequently minimize impacts of the use on adjoining properties.
Setbacks& Perimeter Landscaping:
Areduction in the setback from Hopkins Road for buildings, drives and parking areasis
required. Emerging Growth standards require a seventy-five (75) foot setback from major
arterials, with the installation of perimeter landscape B, reduced to fifty (50) feet with the
installation of perimeter landscapingC.The applicant has proffered a setback of forty-five
(45) feet with the installation of landscaping that does not conflict with utility or drainage
features, as approved by the Planning Department (Textual Statement, Item 2). In addition,
decorative, ornamental fencing will be provided within this setback area at a minimum of
thirty-six (36) inches in height. The ordinance permits a reduction in required plant materials
with the installation of a wall or fence, at least three (3) feet in height. Thissetback is
encumbered by several existingdrainage and utility easements, creatingachallengein
providingrequired landscaping within the setback area. As proffered, the combination of the
fence and landscaping shouldreduce the visual impact of paved areasfrom Hopkins Road.
Along the southern property line, a reduction in side yard setbackfor buildings and drivesis
required. Emerging Growth standards require a thirty (30) foot setback from side property
lines, with the installation of perimeter landscape A and no permitted setback reduction due
to the adjoining residential property to the south.The applicant has proffered a side yard
setback of twenty (20) feet with the installation of a continuous row of evergreen plantings
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parallel to the portion of the side of the building where there are no windows, and
decorative, ornamental fencing a minimum of thirty-six (36) inches in height (Textual
Statement, Item 3). Staff notes that an existing twenty-five (25) foot non-exclusive ingress
and egress easement is located along the eastern property line, which may impact part of this
side yard setback area.As proffered, the ornamental, decorative fence in addition to
evergreen plantings along the building’ssouthern face will reduce the visual impact of the
building from the adjoining residence and provide transition between neighboring
properties.
The elimination of therequired rear yard setbackfor buildings, parking areas and drives and
associated landscaping is proposed (Textual Statement, Item 5). Emerging Growth standards
require a forty (40) foot setback from rear property lines, with the installation of perimeter
landscapingC, reduced to twenty (20) feet with the installation of perimeter landscaping B.
An existing twenty-five (25) foot non-exclusive ingress and egress easement is also located
within the rear yard setback. This easement will allow for a future drive aisle to serve
undeveloped property to the east. With this existing access easement configurationas well
as other aforementioned site constraints,elimination ofthe rear yard setback is necessary for
the planned restaurant,parking areaand drive aisle.
Buffer:
In conjunctionwith the side yard setback reduction, the eliminationof the buffer is proposed
(Textual Statement, Item 4). A buffer of seventy-five (75) feet is required on property zoned
for Community Business (C-3) when it is adjacent to Residential (R-7) property. The
request property is approximately 150 feet in width. A seventy-five (75) foot buffer would
encompassnearly fifty(50) percent of the request property. In addition to the buffer,
existing access easements and a paved drive aisle restrictdevelopment configurationson the
site. As proffered, the reduced side yard setback of twenty (20) feet with the installation of
evergreen plantings and a decorative,ornamental fence will provide screening and
separation of the restaurant use fromthe adjacent residential property.
Parking:
Currently, the ordinance requires the provision of 1.5parking spaces for each 100 square
feet of gross floor area for a restaurant use. For fast food restaurants, this requirement
increases to two (2) parking spaces for each 100 square feet, with a minimum provision of
fifteen (15) spaces. The applicant has proffered a restaurant use that will not exceed 2,000
gross square feet. The Zoning Ordinance would requirethirty (30)parking spaces for the
planned restaurant useor forty (40) parking spaces for a fast food restaurant. The applicant
proposes to provide nineteen (19) parking spaces on the request property (Textual
Statement, Item 1).A parking exception of one (1) space for each 200 square feet of gross
floor area is currentlyapproved for any restaurant or fast food restaurant use in the prior
zoning request (Case 07SN0166, Attachment 4). This would equate to ten (10) parking
spaces if applied to the applicant’s 2,000 gross square feet restaurant proposal. With
nineteen (19)parking spaces offered by the applicant, the applicant’s request would provide
more parking spaces for the plannedrestaurant usethan arerequired by currentconditions of
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zoning.Staff also notes that the adjacent properties are not zoned to permit the location of
parking facilities to serve any restaurant development on the subject property.
Architectural Treatment:
Currentconditionsof zoning limitdevelopment to a maximum of one (1) building not to
exceed 2,000 gross square feet. The architectural treatment of this building isrequired to
have a residential characterwith a facade primarily constructed of brick. In addition,
windows arerequired to blend with the residential architectural character of the area.
Finally, the exact treatment of the building requiresapproval by the Planning Commission
(Proffered Condition 4, Case 07SN0166; Attachment 3). The proposed proffer maintains a
maximum of one (1) building at 2,000 gross square feet. The architectural treatment has
been modified so as to be in general conformance with the elevations submitted with the
zoning request.Theseelevations depict a Waffle House restaurant, primarily composed of a
red brick exterior, a red standing-seam metal awning with large glass windows(Proffered
Condition 4, Attachments 1 and 2).As proffered, any building, regardless of usewould
require an architectural appearance consistent with that shownon the attached elevations.
Signage:
The ordinance regulates freestanding signage for office and business buildings not located
within a project toa maximum offifteen (15) feet in height andfifty (50) square feet in area,
increased to 62.5 square feet in area with the incorporation of changeable copy.The
applicant has proffered to reducethe size of the freestanding sign to a maximum of eight (8)
feet in height withtwenty (20) square feet of permanent copy, and five (5) square feet of
changeable copy.(Proffered Condition6)
CONCLUSION
The existing developmentconstraints experienced at this infill location warrant modification to
typicaldevelopment standards.As proffered, the proposed land use, development standards and
bulk requirement exceptions wouldbecompatible with existing and anticipated area
development.
Given these considerations, approvalof this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/17/13):
The applicant’s representative accepted the recommendation. There was no opposition
present.
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Dr. Brown noted the need for the requested exceptions based upon the location of
existing easements and the applicant’s ability to address architectural requirements for
the proposed restaurant.
On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Brown, Wallin, Patton and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, October 23, 2013 beginning at 6:30 p.m., will take
under consideration this request.
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