14SN0513CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0513
(AMENDED)
Aegis Waterford LLC
Clover Hill Magisterial District
North line of Genito Road
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Febn~ary 26, 2014 BS
REQUEST: Amendment of conditional use planned developments (Cases 89SN0150 and
13SN0165) relative to uses in a Light Industrial (I-1) District.
PROPOSED LAND USE:
Commercial uses are planned. Currently, conditions of zoning linut uses to certain
Convenience Business (C-1), Neighborhood Business (C-2) and Community
Business (C-3) uses. With the approval of this request, additional commercial uses
would be pernutted. (Proffered Conditions)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
AYES: MESSRS. WALLIN, PATTON, BROWN AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed land uses conform to the Comprehensive Plan, which suggests the
property is appropriate for Regional Mixed Use.
B. The proposed land uses are representative of and compatible with existing and
anticipated area development.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. With the approval of this request, the Textual Statement, last
revised December 19, 1988 and approved with Case 89SN0150,
shall be amended as outlined below. All other conditions of the
Textual Statement, last revised December 19, 1988 shall remain in
force and effect:
a. Item VLE.4.(a) (Community Business District (B-1)
(applicable to tracts designated as C/R on Exhibit II)) shall
be amended to include the following additional permitted
uses:
i. Convenience Store
ii. Massage Clinics
iii. Churches and/or Sunday Schools
iv. Meat or seafood markets
v. Medical and dental laboratories
vi. Motor vehicle accessory store; provided that:
1. No motor vehicle repair shall be permitted
2. No parts shall be installed on the premises
vii. Pet shops, including pet grooming
viii. Schools-music, dance and business; provided that:
1. Any tenant space shall not exceed 5,000
gross square feet
ix. Veterinary clinics
x. Carpenter and cabinetmakers' offices and display
rooms
xi. Contractors' offices and display rooms
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xii. Electrical, plumbing and heating supply sales,
service and related display rooms
xiii. Feed, seed and ice sales
xiv. Home centers
xv. Recreational establishments, commercial-indoor
xvi. Restaurants, to include carry-out and fast food
xvii. Schools-commercial, trade, vocational and training;
provided that:
1. Any tenant space shall not exceed 5,000
gross square feet
xviii. Veterinary hospitals and/or commercial kennels,
excluding outdoor nlns
xix. Schools/colleges, public and private; provided that:
1. Any tenant space shall not exceed 5,000
gross square feet
xx. Schools, business; provided that:
1. Any tenant space shall not exceed 5,000
gross square feet. (P)
The Applicant hereby amends Proffered Condition 4.a.(63) of Case 13SN0165 to read as
follows:
(STAFF/CPC) 2. Secondhand and Consignment Store Limitations:
b. Secondhand and consignment stores, excluding motor
vehicle consignment lots, shall be a permitted use provided
that:
i. Any tenant space shall not exceed 7,500 gross
square feet.
ii. No more than one tenant, operating as a secondhand
and consignment store, shall be permitted on the
request property. (P)
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GENERAL INFORMATION
Location:
The request property is located on the north line of Genito Road, east of Charter Colony
Parkway, also fronting in two (2) places on the west line of Watercove Road, north of
Genito Road. Tax ID 730-688-2683.
Existing Zoning:
I-1 with conditional use planned development (CUPD)
Size
9.1 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North - R-MF with CUPD; Multifanuly residential
South, East and West - I-1 with CUPD; Commercial and office
UTILITIES
Public Water and Wastewater Systems:
The existing commercial stnicnire is connected to the public water and wastewater systems.
The request will not impact the public water and wastewater systems. However, the
following requested uses will require retrofitting the water/wastewater service lines for the
existing stnicnire to install a water baclcflow prevention device (which must be tested
annually) and a monitoring manhole (to permit observation, measuring and sampling of the
wastewater discharge exclusively from that site): convenience store, meat/seafood market,
medical and dental laboratories, pet/groonung shops, veterinary clinics/hospitals/kennels,
restaurants (sit down and fast food), and medical clinics.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
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PUBLIC FACILITIES
Fire Service:
The Swift Creels Fire Station, Company Number 16, 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 additional land uses will have a minimal impact on the anticipated traffic
generated from development on the property.
Virginia Department of Transportation (VDOT):
VDOT notes that the site is an existing site with existing commercial entrances that will
continue to be used unchanged. If potential uses of existing strictures remain essentially
unchanged with respect to traffic generation, and no new stnict~ires are to be built, VDOT
has no fiirther concerns at this time.
T,ANT~ TT~R
Comprehensive Plan:
The Comprehensive Plan suggests the request property is appropriate for Regional Mixed
Use. This designation suggests an integrated nuxture of highly concentrated corporate
office, commercial, light industrial/research and development, and higher density residential
uses with public spaces.
Area Development Trends:
The area is characterized by a nux of commercial and multifamily residential uses. Property
to the north is zoned Residential Multifamily (R-MF) and is developed as the Waterford
Apartments. Properties to the south, east and west are zoned Light Industrial (I-1) and are
developed with a nux of commercial and office uses within or around the Village at
Waterford shopping center.
Zoning History:
On August 27, 1986 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning of a 243 acre tract (including the request
property) from Agricultural (A) to Light Industrial (M-1) and from Light Industrial (M-1)
to Residential Multifamily (R-MF) with conditional use planned development to permit
use and bulls exceptions to the Zoning Ordinance (Case 86SNOll7). A mixed use
development with multifamily residential, office, commercial and industrial uses was
planned as part of the Village at Waterford development.
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On March 22, 1989 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to conditional use planned development
(Case 86SNOll7) relative to permitted uses and bulls exceptions. More specifically, a
shopping center was planned for the subject property (Case 89SN0150). Uses permitted
with this case included those permitted in a Neighborhood Business (C-2) District and
limited Community Business (C-3) uses. (Textual Statement Section VLE.4, Attachment
1).
On December 10, 1997 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved an amendment to conditional use planned
development (Case 89SN0150) relative to permitted uses. More specifically, a pet
grooming business was planned for the subject property. (Case 98SN0131)
On January 23, 2013 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved an amendment to conditional use planned
development (Case 89SN0150) relative to permitted uses (secondhand and consignment
stores). More specifically, a secondhand store was planned for the subject property. (Case
13SN0165)
Uses:
Section VLE.4 of the Textual Statement in Case 89SN0150 allows for uses permitted in the
B-1 District that today generally coordinate with those perntted by right or with restrictions
in Convenience Business (C-1) and Neighborhood Business (C-2) Districts, as well as
linuted Community Business (C-3) uses (Attachment 1). One additional Community
Business (C-3) use was added with a subsequent zoning case amendment, Case 13SN0165
(Attachment 2).
The applicant is requesting an amendment to permit additional commercial uses that
coincide with perntted and restricted uses in the C-1 and C-2 Districts (Proffered Condition
1, Items i.-ix.). While the conditioned B-1 uses are today converted to uses in the C-1 and C-
2 Districts, the applicant has indicated a preference to specifically enumerate these uses in
the amendment to ensure that such uses would not be adversely impacted by any subsequent
ordinance amendments. Further, the applicant is requesting additional C-3 uses including
those perntted with restrictions (schools, motor vehicle accessory store, and secondhand
and consignment stores) (Proffered Condition 1, Items x.-xx.). Various school uses,
including public, private, dance, music, business, commercial, trade and vocational schools
would be linuted to occupying no more than 5,000 gross square feet of area within the
shopping center. A motor vehicle accessory store would be linuted to preclude any type of
motor vehicle repair or parts installation. Veterinary hospitals and/or commercial kennels,
would be further restricted to exclude any outdoor nlns. In addition, any secondhand or
consignment stores (excluding motor vehicle consignment lots) would be further
restricted to one (1) tenant only as well as the tenant space being not exceeding 7,500
gross square feet. (Proffered Condition 2)
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CONCLUSION
The proposed commercial uses would be no more intense than uses currently pernutted on the
property, would conform to the Plan, and maintain compatibility with existing and anticipated area
development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12/17/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their January 21, 2014 public hearing.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
Staff (12/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 23, 2013 for consideration at the
Commission's January 21, 2014 public hearing.
Staff (1/7/14):
At the request of staff, the applicant submitted revised proffers relative to excluding
outdoor nlns from veterinary hospitals and commerciallcennel uses.
Planning Commission Meeting (1/21/14):
The Planning Comnssion meeting scheduled for January 21, 2014 was rescheduled to
January 23, 2014 due to inclement weather.
Planning Commission Meeting (1/23/14):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Waller, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
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AYES: Messrs. Wallin, Patton, Brown and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, Febniary 26, 2014 beginning at 6:30 p.m., will take
under consideration this request.
14SN0~13-2014FEB2Ei-B( )S-RPT
Approved Textual Statement
Case 89SN0150
Section VI.E.4
4. Community Business District (B-11 (applicable to
tracts designated-as C/ R on Exhibi-t II).
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(a) Permitted uses:
(1) Any use .:permitted in the B-1 District.
(2) Antique 'stores.
(3) Appliance stores.,
(4) Artist materials and supplies stores.
-(5) Automobile service station.:
(6j Bakery goods.
(7) Banks..
(8) Barber and beauty shops.
(9) Bicycle '.sales and rentals.
(10) Book or stationery stores.
(11) Brokerages.
(12) Camera stores.
(13) Candy stares.
(14) Catering establishments.
(15) Cleaning, pressing. and '.laundry.
(16j
(I7) Clothing stores.
Curio or gift` shops.
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14SN0513-1
(18) prug totes.
(19.);Drygoods stores.
~ (2:0) .Dairy .products stores.
(21) Delcatessans. .
(22) Dress shops.
(23) Florist shops.
(24) Furniture-stores.
(25) Governmental offices.
(26) Grocery stores..
(27:) Hardware-stores.
,: (28) :Hobby stores.
(29) -Hotels:, motels and conference centers.
(30) Jewelry stozes.
_ (31) Locksmiths..:..
(32)
(33) Meat markets;.
Medical facilities and clinics.
(34) .Musicalnstrument sales.
(35j Newspaper or .magazine sales..
(36) Office business and professional.
(37:) Office supplies stores.
(38) Optometrist sales and service.
(39)
(40;) Paint and wallpager-sales.
Post offices.
(4S°) Photography studios.
(42) Pharmacies.
• (43) Radio, television and other home
entertainment sales and service.
_ (44) Restaurants.
(45) Savings-.and loan..,associations...
d
ucti ~:
(46) on an
Sewing machine sales, instr
ervice.
(47) Sgecalty shops.
(48) Sporting ;goods sales.
(49~) Shoe repair shops.
(50) Taloring_and dressmaking.
{51) Telephone booths.
(52.) Telephone exchanges.
. (53) Toy:..-stores,
(54) Variety stores.
(55) Department stores.
(56) Fraternal, philanthropic and charitable
uses.
(57) .Health clubs.
(58) Liquor stores.
(59) _Repair services.
(60) Travel agencies.
(61) Movie theatres, concert halls and
indoor and :outdoor areas used for
recreational and cultural purposes.
(62) Any other uses compatible with. and
incidental o the foregoing uses and
approved by the Planning Commission.
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Approved BOS Minutes from Case 13SN0165
In Clover Hill Magisterial District, Aegis Waterford LLC
requests amendment of conditional use planned development
(Case 89SN0150) and amendment of zoning district map to
permit a secondhand and consignment store in a Light
Industrial (I-1) District on 9.1 acres fronting 290 feet on
the north line of Genito Road, 245 feet east of Charter
Colony Parkway, also fronting 600 feet on the south line of
Watercove Road, 140 feet south of Waterford Lake Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for regional mixed use. Tax ID 730-688-2683.
Mr. Tompkins presented a summary of Case 13SN0165 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered condition.
Ms. Cheri Bloss accepted the recommendation.
Ms. Jaeckle called for public comment.
There being no one to speak to the request, the public
hearing was closed.
Mr. Warren made a motion, seconded Mr. Decker, for the Board
to approve Case 13SN0165 and accept the following proffered
condition:
The applicant hereby amends Section VI.E.4 of the Textual
Statement in Case 89SN0150 to read as follows:
4. Community Business District (B-1) (applicable to
tracts designated as C/R on Exhibit II).
a. Permitted Uses:
(63) Secondhand and consignment stores,
excluding motor vehicle consignment lots.
(P)
(STAFF NOTE: This use is in addition to those uses
permitted by Case 89SN0150 and noted in Attachment
l.)
Ayes: Jaeckle, Elswick, Warren, Holland and Decker.
Nays: None.
13-45
01/23/13
14SN0513-2