16SN0569
CASE NUMBER: 16SN0569
APPLICANT: MHG Food Service INC., Gary A. Rose, WEN Virginia LLC,
Nouhad Abou Attallah and Midlothian Parc, LLC
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: CLOVER HILL
10400 Hull Street Road
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
MAY 25, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Agent:
MARK R. BAKER
(804-874-6275)
Applicant’s Contact:
MOUHAD ABOU ATTALLAH
(305-807-0528)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
APPLICANTS’ REQUEST
Rezoning from General Business (C-5) to Community Business (C-3) with conditional use planned
development to permit exceptions to ordinance requirements relative to parking, setbacks,
landscaping and architectural requirements.
Redevelopment of the property for a fast-food restaurant is planned. Other Community Business
(C-3) uses would also be permitted.
Notes:
A. Conditions may be imposed or the property owner may proffer conditions.
B. Proffered conditions, Textual Statement, site layout and elevations are located in Attachments 1 thru
4
RECOMMENDATIONS
PLANNING RECOMMEND APPROVAL
COMMISSION
(4/19/2016)
RECOMMEND APPROVAL
As conditioned, the proposed C-3 zoning is closer in alignment to
the Neighborhood Commercial (C-2) uses anticipated by the Plan,
and provides a more appropriate land use transition to
STAFF
anticipated residential development north of request property
than offered by the current C-5 zoning
Exceptions provide flexibility to accommodate redevelopment of
the property
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
REVITALIZATION
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Map 2: Comprehensive Plan
Classification: NEIGHBORHOOD BUSINESS
The designation suggests the property is appropriate for commercial uses that serve neighborhood
wide trade areas such as grocery stores, restaurants and medical clinics.
Map 3: Surrounding Land Uses & Development
Commercial uses
Suncrest Drive
Commercial uses, non-
conforming residential
dwellings or vacant
Existing fast food
restaurant to be relocated
Hull Street Road
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
PROPOSAL
Demolition of a vacant bank building and construction of a Wendy’s fast food restaurant is
planned. The new restaurant is proposed to replace the existing Wendy’s restaurant located at
in the southeast corner of Price Club Boulevard and Hull Street Road. The new development
plans include a redesigned building with an updated floor plan based on current operational
needs, including increased drive-thru demands.
A fast-food restaurant would be permitted on the subject property as it exists today with
General Commercial (C-5) zoning. However, in response to concerns expressed by staff and the
Clover Hill District Planning Commissioner relative to the intensity of outside uses permitted
under the General Commercial (C-5) zoning, the applicants agreed to seek rezoning of the
property to Community Commercial (C-3). The C-3 zoning would still permit the fast-food
restaurant. In addition, the applicants have proffered to eliminate several more intense C-3
uses, such as automobile sales, service, repair and consignment, to come closer in to
compliance with the Neighborhood Business (C-2) uses suggested as appropriate by the Plan.
To accommodate their redevelopment plans, the applicants are seeking exceptions to
ordinance requirements relative to:
Parking requirements
Setbacks
Landscaping
Architectural treatment for buildings designated in the Comprehensive Plan for
Neighborhood Commercial (C-2) use
The following provides an overview of the development’s design standards:
General Overview
Requirements Details
Textual Statement and Site Layout Plan, Exhibit A
Master Plan
Proffered Condition 1 , Textual Statement and Attachment 3
C-3 uses except for list of prohibited uses, including but
not limited to: nightclubs, commercial kennels, gasoline
Uses
sales, home centers and motor vehicle sales, service,
repair, rental and wash
Proffered Condition 2
Front setback per ordinance
Reduction of sides and rear setbacks:
From Suncrest Drive – 25 feet reduced to 9 feet
o
with Perimeter Landscaping G plus credit for
Setbacks(Buildings, Parks and Drives)
healthy Crape Myrtle trees that remain
and Landscaping
Interior side – 10 feet reduced to 5 feet with
o
Perimeter Landscaping B
Rear yard – 20 feet reduced to 10 feet with
o
Perimeter Landscaping B
Textual Statement Item 2
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General Overview (Continued)
Requirements Details
Exception to requirement that building be compatible with
residential architecture; Building compatible with building
Architecture/Building Materials*
shown on Exhibit B
Attachment 4 and Textual Statement Item 3
Reduction from 2 spaces per 100 square feet of gross floor
area to 1 space per 78 square feet of gross floor area or 43
Parking
spaces
Textual Statement Item I
Provided along Hull Street Road and Suncrest Drive
Sidewalks
Proffered Condition 3
EXCEPTION TO RESIDENTIAL ARCHITECTURE*
The Ordinance requirement for residential architecture along certain corridors, as with the Route
360 West Design District in this case for properties designated in the Comprehensive Plan for
Neighborhood Business (C-2)use,is an important standard to assist in creating a transition
between commercial uses along a corridor and existing and anticipated area residential
development. While not typically supportive ofdeviation from this requirement, staff supports
the requested exception giventhe following:
Compatibility of the proposed design and building materials with recent development in
the area
Proposed C-3 zoning provides a more appropriate land use transition to anticipated
residential development north of request property than offered by the current C-5
zoning; and,
Exceptions provide flexibility to accommodate redevelopment of property which is
located in the Eastern Route 360 Corridor Special Focus and Gateway Revitalization
Area, as denoted by Plan.
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (717-6167)battena@chesterfield.gov
This request will have minimal impact on fire and EMS.
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Manchester Volunteer Rescue Squad Fire Station,
Company Number 24
EMS Facility The Manchester Volunteer Rescue Squad
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and it is anticipated to be
minimal. Sidewalks are being provided along Hull Street Road and Suncrest Drive. (Proffered
Condition 3)
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
Traffic Impact Analysis (24VAC30-155) -
Access Management (24VAC30-73) Utilization of existing Rt. 360 access point is
subject to compliance with the
Departments Access Management Spacing
standards. The location does not comply,
requiring the evaluation of an exception to
the standards and possible
modification/relocation of the existing
access. VDOT will evaluate during the site
plan review process.
Subdivision Street Acceptance (24VAC30-91/92) -
Land Use Permit (24VAC30-151) -
Summary -
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The proposal will have a minimal impact on the public utilities systems. The impacts are detailed
in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water Yes 24”Yes
Wastewater Yes 8” Yes
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Environmental Engineering has no comment on this request.
REVITALIZATION
Staff Contact: Carl Schlaudt(804-318-8674) schlaudtc@chesterfield.gov
The subject site is located in the Eastern Route 360 Corridor Special Focus and Gateway
Revitalization Area, as denoted by Chapter 7 of the Comprehensive Plan. Revitalization areas
typically include aging buildings, property maintenance challenges, encroachment of
incompatible land uses, and resulting challenges to property values. The Plan encourages
maintaining and expanding economic vitality in such areas by encouraging new businesses. In
addition, the Plan identifies new business attraction and vacant/underutilized land as
revitalization opportunities. The proposed exceptions to parking standards and setbacks would
promote: a) redevelopment and new business investment in support of corridor revitalization;
and b) land use compatibility by facilitating development consistent with the site’s land use
plan designation.
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CASE HISTORY
Applicants Submittals
11/9/2015 Initial application submitted
2/24, 3/3, Revisions to the proffered conditions, Textual Statement and elevations were
3/7, 3/24, submitted.
3/25, 4/8
and
4/12/2016
Planning Commission Meeting
4/19/16
Citizen Comments
No citizens spoke to this case
Commission Discussion
Considerable work by applicants and staff to produce a good case
Recommendation – APPROVAL AND ACCEPTANCE OF TO THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Freye Second: Jackson
AYES: Wallin, Sloan, Freye, Jackson and Jones
The Board of Supervisors on Wednesday, May 25, 2016, beginning at 6:30 p.m., will consider
this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
The following proffered conditions were recommended by both staff and the Planning Commission
The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successor
or assigns, proffers that the development of the property (the “Property”) will be developed as
set forth below; however, in the event the request is denied or approved with conditions not
agreed to by the Owner-Applicant, these proffers shall be immediately null and void and of no
further force or effect.
1. Master Plan. The Textual Statement dated March 7, 2016, and last revised March 25,
2016, and the site plan entitled “Rockwood Wendy’s Layout Plan”, prepared by
Silvercore and dated September 23, 2015 (Exhibit A) shall be considered the Master
Plan. (P)
2. Uses: Except for the uses listed below, which shall be prohibited, permitted uses shall be
uses permitted by right, or with restrictions, in the Community Business (C-3) District:
a. Alternative Financial Institutions
b. Cocktail Lounges or Nightclubs
c. Coin Laundry
d. Commercial Kennels
e. Communication towers
f. Fraternal Uses
g. Feed, seed and ice sales
h. Funeral Home or Mortuary
i. Gasoline Sales
j. Halfway Houses
k. Home Centers
l.Hospitals
m. Hotels
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n. Indoor or Outdoor Flea Markets
o. Material reclamation and recycling centers
p. Motor Vehicle Sales, Service, Repair and Rental, including Motor Vehicle
Consignment lots
q. Motor Vehicle Wash
r. Outside Public Address systems
s. Park and ride lots
t. Tattoo Parlors
u. Taxidermies
v. Theaters, including drive-in
w. Veterinary Hospital with outside runs (P)
3. Road Improvements. Prior to issuance of an occupancy permit, the following road
improvements shall be completed:
a. Construction of a sidewalk along the north side of Hull Street Road (Route 360)
and along the west side of Suncrest Drive for the entire property frontage.
b. Dedication to and for the benefit of Chesterfield County, free and unrestricted of
any additional right of way or easements required for the improvements
identified above. (T)
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ATTACHMENT 2
TEXTUAL STATEMENT
March 25, 2016
Development of the Property shall comply with the Zoning Ordinance requirements except as
outlined herein:
1.Parking.One parking space shall be required per seventy-eight (78) square feet of gross
floor area for a fast food restaurant, yielding a minimum of forty-three (43) spaces.
2.Setbacks and Perimeter Landscaping.
a.A corner side setback of nine (9) feet shall be required from the right-of-way of
Suncrest Drive for buildings, parking and drives and shall be improved with
perimeter landscaping type G. Healthy existing Crape Myrtle trees may be
credited toward “Large Deciduous Trees” as required in perimeter landscaping
type G
b.An Interior side yard of five (5) feet shall be required for buildings, parking and
drives and shall be improved with perimeter landscaping type B.
c.A rear yard setback of ten (10) feet shall be required for buildings, parking and
drives and shall be improved with perimeter landscaping type B.
3.Exterior Elevations. Any building constructed on the property shall have architectural
elevations which are substantially similar to the elevations attached as Exhibit B,
entitled “Wendy’s, Hull Street, Richmond, VA”, prepared by Innovative Design PC, and
dated March 4, 2016.
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ATTACHMENT 3
EXHIBIT A - SITE LAYOUT
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ATTACHMENT 4
EXHIBIT B - BUILDING ELEVATIONS
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