03SN0214-Jan 28.pdf
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January 28, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN0214
James M..Blalock
Matoaca Magisterial District
Off the North Line of oenito Road
REQUEST:
(Amended) Amendment to ConditionalUse Planned Development(Case 95SN0307)
relative to uses, hourS-of:operation and gross floor areafor prOperty .known as Tract
G within Edgewater at.the Reservoir development.
PROPOSED LAND USE:
A neighborhood commercial cemer is proposed.
PLANNING COMMISSION' RECOMMRNDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS.ON. pAGEs 2 AND. 3.
RECOMMEND THAT THE PROFFERED CONDITIONS ON. PAGE3 NOT BE ACCEPTED.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The proposed amendments conform with the Upper:S.wifl Creek Plan which suggests
that convenience nodes be'designed within a plied reSidential neighborhood and
located at the intersection of arterial-streets to serve the .immediate area,
Bo
The proposed use exceptiOns are designed to provide goods and services to nearby
existing and proposed residential communities Within this'unique development as
intended under the original cOnditions of zoning.
Providing a FIRST CHOICECommunity Through Excellence in Public Service.
· C2 The proposed zoning and land uses are designed to provide maximum compatibility
with, and minimal impaetupon, the surrounding residentialdevelopment.
(NOTE:' CONDITIONS-MAY BE IMPOSED ORTHE PROPERTY OWNER MAY PROFFER
coNDITIONS. THE CONDITIONSNOTED WITH "STAFF/CPC"-~RE 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 PLANN~GCO~SSION0
CONDITIONS
(CPC) · 1. Uses. In addition t° thOse uses.permitted by right or with restrictions In'the
Convenience Business (C-l) District, the following Use shall be permitted:
Gasoline sales, excluding diesel fuel'sales in conjUnction with a permitted
use. A maximum of three (3) pump islands containing a total 'of no more
than six (6) fueling stations (a maximum of three (3)pumps:having.two (2)
fueling nozzleseaeh) shall be permitted. (P)
(cPc) 2,
Development-Standards. Development shall' conform, to the requirements of
the Convenience Business (C-1 ) .Districtsin Emerging Growth.District Areas,
except as follows:
· a.
Hours, No use shall be open to thepublic ~between 9:00: p.m. and
6:00 a:m., except for convenience~store:~and restaurant uses which
shall not be open to the pUblic'between 1;1:00 p.m. and 6:00 a.m.
(CPC) : ' :3.
(CPC) 4.
bo
Individual~Buildings. One building:shall, not exceed 6,500 square
feet ofgr0ss floor area and.shall b:ei66edg?d:ibY adhild care een;er Or
offiCeuse only. Such building maybe l~'cated within 200· feet of an
existing :residentially zoned parcel.-i::All other buildings 'shall. not
exceedSi000 square feet of gross.flOor area.- (P)
Prior to the issUance of a building permit on the prOperty. (Tract G),
Woolridge Road frOm Watermill Parkway t0Gbnito Road, and Watermill
Parkwayl fr°m-Woolridge Road to ~Old-Hundr6d Road/Powhite parkway
Extended shall be. complete and ready fOr ~:~iCceptanee into the' State
Maintenance System as determined by the TranspOrtation Department. (T)
Direct access across from the property to Fouatain View Drive Shall be
located at the eastern property line, The exact-loCation shall be approved by
the TransportatiOn Department. (T)
2 O3SN02 !4-JAN28~BOS
(Note: These conditions supersede Condition 6 of Case95 SN0307 for the request
property only. ExCept:- for Condition '6, all pre¥ious conditions and proffered
cOnditions of Case 95SN0307. shall.remain in effect.)
PROFFERED CONDITIONS
(STAFF) 1.
Uses. In addition to thOse uses permitted by right or with restrictions-in the
ConvenienCe Business (C-l) District, the followin~ g uses shall be permitted:
ao
'Gasoline .sales, excluding diesel fuel sales in conjunction with a
permitted use. A maximum:of four (4) Pump islands cOntaining a
total ofnO more than eighti(8) fueling.stations (a maximum Of.four
(4) pumpshaving two (2) fuel no~les each). Shallbe .permitted.
Motor vehicle wash in Conjunction witha permitted use, provided
such use is limited to a self-service, :automatic, single-bay operation
(P)
(STAFF)
DeveloPmentStandards. Development shalleonformto the requirements of
the Conveni~nc~!BUsiness(C- 1 )Districts in Emerging Growth District Areas,
except as follows:
(STAFF)
(STAFF)
a. Hours.' No ~use shall be open to the~public_between 9:00 p;m. and
6:00. a:m,, except for convenienee.Storeand restaurant Uses which
shall nOtbe open to the public-between 1-1:00 p.m. and 6:.00 a,m.
b. IndividualBuildings.' One building ~Sha!l not eXceed 6,500:square
feet °~°Ss:floor area and Shall b~;;0c~vUP~edby aehild care cen~er or
office-Use~only..SUCh building may l e: i Cate i within 20O feet of an.
existing ! residentially zoned' parcel?: :i; i °ther buildingS' shall not
eXCeed $,000 square' feet of gross flo6f~area. '
3. Prior to the iss~ee of a building Pe~t:~on-the property (Tract G),
Woolridge Roadfrom Watermill Pa~kr~aYt0: Genito Road,-and Watermill
Parkway from/W°olridge ~Ro~d '.to O1d 'H~d Roacl/Pdwhite -Parkway
Extended shall'be complete :and ready.-:f0~: aCceptanCe into the 'State
Maintenance SYstem as determined bY the iTi~pOrt}tfi°n ~Department. '(T)
4. Direct access, across fxom the propertyitO Fotmtain View Drive Shall'be
located attheeastem property line. Theexaet lo~mion shall be approved-by
the TranSp°rtatioriDepalTtment2 (T) ~ ":~:' - ·
(Note: These proffered cOnditions SupersedeCOndition6 o~Case 958N0307for the
request property only. Except for cOx~dition 6, all~pr~gs.e0ndi:tions and proffered
Conditi°ns of case95SN0307 shall remain in eff~c~3 : '
3 ~ 03SN0214-JAN28-BOS
Location:
GENERAL INFORMATION
Lies offthe north line of Genito Road, north of Woolridge Road. Tax ID 719-687-Part of
2732 (Sheet 9).
Existing Zoning:
Residential (R-9) with Conditional Use Planned Development
Size:
6.5 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North and West- R-9 with Conditional Use Planned Development; vacant
East - R-9 with Conditional Use-Planned Development; Vacant,: but pending subdivision
recordation (Edgewater at the Reservoir, Section 4)
South - R-9 with Conditional " Use Planned .Development; _Single family residential
(Edgewater at the Reservoir)
UTILITIES
Public Water and Wastewater Systems:
This request will not impact the public water and waSteWater systems. Use of the public
water and wastewater systems is reqUired as a condition of the original' zoning. (Case
88S008, Condition 13)
ENVIRONMENTAL
Drainage ,and Erosion:
The property drains south, then west via storm sewers, and throughone (1) proposed and two
(2) 'existing BMPs to the Swift Creek Reservoir. There are curcently no on- or off-site
drainageor erosion problemsand none are anticipated after develOpment.
4 03SN0214~JAN282BOS
PUBLIC FACILITIES
Fire Service:
· Currently, the Waterford Fire/Rescue. Station, Company Number 16, provides fire and
emergency medical services. This request will have minimal :impact on fire and rescue
services.
Transportation:
The apPlicant is requesting an amendment to a conditiOn of zoning (Condition 6 of Case
95SN0307) on 6.5 acres, identified on the Master Plan as Tract G. This amendment would
allow additional-retall uses to be developed within Tract G. These additional uses willhave a
minimal impact on the anticipated traffic generated:by development of the property.
The .6.5 acres is part of a large mixed-use development ('iGreenspring"), consisting of.
approximately 1,300 acres, that includes retail, office and residential land uses. Greenspring
was originally rezoned in !988,'and the Board of SUpervisorS has 'approved _several
subsequent amendments to that original zoning case. As part of the zoning approval_for
Greenspring, the Board conditi°ned the Textual Statement to be a part of the Master Plan for
development of the project.~ TranSportation related conditions in the Textual Statement
include right of way dedication, access control and construction of specific road
improvements.
Some of the required road imprOvements include construction oran extension of Woolridge
Road north of Genito Road and C~nstmction of a loop road ("Watermill Parkway"). Parts of
this road ~network are currently:under constructiOn, butnot complete.. In order to provide
adequate access to Tract G, the applicant has proffered:that no building permits will be
issued within Tract G until Woolridge Road t~om'Genito ROad to Waten~ll Parkway, and
Watermill Parkway from WooMdge Road toOld Hundred Road/Powhite ParkwaY Ex~ended
are complete and ready for acceptance into the State. Maintenance System. (Proffered
Condition 3) ' '
At time of site plan review, specific recommendations will be Provided regarding internal
circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries loft he Upper Swift Creek Plan which suggests the propertyis
'appropriate for single family'residential uses of 2.0'Units ;Per acre or l~ss. Further, ~e i~1an
indieatesthat certain locations ~thin planned residential neighb0rhoods may be approP~ate
for the development of convenience nodes. Such nodesw°Uld~be designed to provide
limited services to residents withinthe immediate area. These nodes shouid be locate~ at One
5 O3SNOZI4-JAN28-BOS
(1) comer of an intersection of two (2) collector streets or a collector 'and an arterial street
and cover no more than. three (3) acres nor exceed a density of 5,000 square feet of gross
floor area per acre.
Area Development Trends:
Surrounding properties are Zoned Residential (R-9) with Conditional Use Planned
Development. As part of the original Greenspring I development-; these properties:were
zoned for a mix of residential; office and commercial uses. Property to the east is currently
pending subdivision recordation. (Edgewater at the Reservoir, Section 4)
Zoning History:
On May 25, 1988, the Board-of, Supervisors, upon a favorable recommendation by the
Planning Commission, approved' rezoning on the requestprope~ and adjacent prope~ to
the north, east, west and:south from Agricultural (A) and: Residential. (Ri15) to Residential
(R-9) and Office Business (O) with Conditional Use Planned-DeVelopment to permit a mix
of residential, office, commercial and recreational uses (Case 88S008), subjectto a number
of conditions. This project, which contained approximately 1,~313 acres, was commonly
known as Greenspring. .
On September 27, 1995, the Board of Supervisors, upon a favorable recommendation-bythe
Plmming Commission, approved'various amendments to CaseSgS008, affecting ariS09 acre
portion °fthe original GreensP~g'develOpment (Case 95SN0307). 'Specifically, approval of
this. case: Permitted the' deVe!°pra~nt.of the request property ~t° P;°C~ed ~dep~nc~it:°f,the
adjaeent portions of the orig,-Greenspring I Project-and mOdified!sPecific r~quirement~~ of
the original GreenspringI, rez0~g. Included in this amendment was the creation oran
additional` cOmmercial .tract(Tract G) consisting of approximately '6:! acres: Tract G
represents property that iSthe subject of this current request;
Plann!ng-C°mmission; apPro~red ~ amendment t° Case95 S~0~07:~'teiati~'eto acceSs~case
97SN0256). This ame:.~dment: Permitted a porti°n of the ~r0~e~affected by:Ease
95SN0307 to access from Genifo Road instead.ofP°white Par~a~i';:~Case:inclu~iedthe
subject property
Site Design: ' "
COnditiOn 6 of Case 95 SN0307 requires that developmem :on~the!subj~ctProperty.conform to
the requirements of Emerging Gr°~ Area for Convenlence!BUS~ss (C~i) Distfict~which
address access, parkingi l d caPing, architectural.ltreatment;S6tbac~;, si~,q, buffers, ~fiiifies
and screening of dumpSters and loading areas.'
6
038N02 t 42JAN28-Bos
Uses.'
Condition 6 of Case 95SN0307 permits the development of Convenience Business (C, 1)
uses~on the subject property (Tract G). The applicant is requesting the ability to develop two
(2) additional uses on the property which are currently not permitted. -These include gasoline
sales, excluding diesel fuel sales, in conjunction with a permitted use,-with a maXimum of
four (4) pump islands and a maximum of eight (8) fueling Stations and. motor vehicle wash in
conjunction with a permitted use,.provided such use is limitedt° a.self-service, automatic,
single bay operation. (Proffered Condition 1)
Gasoline sales in conjunction with a permitted use is a restricted'use in the .Convenience
Business (C-1) District, provided that such use is not located along streets'which terminate in
a residential neighborhOod. This restriction cannot be met on the subject property as
proposed Sailboat Drive, which.runs along a portion of the property's eastern boundary, will
.eventually serve Edgewater at the Reservoir SubdiviSion, Section 4, which is pending
recordation (reference attached Survey plat). As a reSult, ds usew0uld first be permitted by
right inthe Neighborhood Business (C-2) District.
Motor vehicle washes are first permitted in a CommUnity Business .(C-3) District as
freestanding uses, whether automatic or fully-staffed. As previously noted, the applicant
proposes to limit this use to operate in conjunction with a permitted use as a self-servlee,
automatic, single bay operation. - · ..
As proposed, these uses are designed to provide goods and services to nearby existing and
proposed residential communities of the Greenspring project as intended under the Original
conditions, of zoning,
Hours of Operation:
Convenience Business (C-1) District standards require that no use can be:open to the public
between the hours of 9:00 p.m. and 6:00 a.m. The applicant requeststhat operating hours be
extended for convenience store and restaurant uses to ll:00~'P-m. :All other :uses' will
continue to be regulated by the C;1 standards. (Proffered Condition 2.a.)
Individual' Building Size: '~
Convenience Business (C-l) District standards .restrict; the.. square footage of buildings
located within 200 feet of an existing residentially zoned parcel ~ 5;000 Square feet of gross
floor area. Beyond this 200 foot-distance, the building size can_be increased to a maximum
of 8,000 square feet of gross floor area. The applicant has reqUested that one (1)building.
located within 200 feet ora residentially zoned parcel be Permitted a.maximum of 6;500
square feet of gross floor area provided such building is occupied by a day care or office use
oniy.~. (Proffered Condition' 2.b.)
7 03SN02'14-JAN28-BOS
This floOr area exception most 'directly affects the southeastem boundary of the subject
property, which is adjacent to the proposed development of Edgewater at the Reservoir,
Section 4 (reference attached survey plat). Lots within this proposed deVelopment will be
separated from the subject property either by recorded open space within the subdivision, or
the provision of a forty (40) foot buffer within the Subject:proPerty..As a result, impacts of
this requested floor area increase upon the adjacent residential development would be
minimized.
In response to area residents' concerns, proffered conditions limit the size of al! other
buildings located on the subject property to 5,00.0 sqUare feet.of gross area. (Proffered
Condition 2.b.) '- :
Architectural Treatment:
Currently, architectural treatment of buildings, including matefia!s; color and style; must
be compatible with buildings.,located within the same proje~t. Compatibility maY be
achieved through the use of similar building massing~ im~teiSials, scale', Colors and other
architectural features.
Currently, within Emerging Growth Areas, no building exterior which would be visible to
any R district or any public fightof way may consist of architectural materials, inferior in
quality, appearance or detail to any other exterior of the sameb~lding. Them'is, hoWever,
nothing to preclude the use of different materials on different btiilding exteriors, but-rather,
the use of inferior materials on sides which face adjoining prope~. No portion ofabuilding
constructed of unadorned concrete block or corrugated and/or:~heet metal maybe visible
from any adjoining R district orany public right of way.~ Nffbuilding exterior may be
constrUCted of unpainted, concrete blOck or colXUgated and/°r~.sheet metal
Further, C-1 standards. require an architectural ~style :compatible with the surrounding
residential neighborhood. Compatibility may be achieved!~ough the use of similar building.
massing, materials, scale Or °ther architectural fca ~tures. -
Currently, all junction and.accessory boxes must be minimized--from view'of adjacent
property` and'public rights-0f waY! by landscapingor arC~al treatment integrated with
the building served. MeChanicalequipment, wbetherli ground}level 'or rooftOp, .mUst be
Screened from view of.adjacent property and public rights 6f way.and designed to be
· perceived as an integral part of the building.
Buffers and Screening:
The Zoning Ordinance requires that solid waste storage areasO.e', dumpsters, garbage cans,
trash compactors, etc.) on property which is adjacent to an Rdistrict be screened from view
of such district by a masonry or concrete wall which is e0ns~ctedof comparable materials
tO and designed to be compatible with the principal building-that sUch-area-serves and that
such area within 1,000'feet of any R district not be Servicedbet~eenthe hours of 9:00 p.m
8 03SN0214-JAN28-BOS
and 6:00 a.m. In addition, sites must be designed and buildings oriented so that lOading areas
are screened from any property where loading.areas are'prohibited and from public, rights of
way.
. Adjacent property to the east is zoned. Residential (R-9) and is-currently vacant. Currently,
the Zoning Ordinance requires a minimum forty (40) foot bufferialong the eastern property
boundary of the request sitei At-the time of site plan review;;the'Plmg COmmission may
modify this buffer under certain Circumstances.
CONCLUSIONS
The proposed amendments conform with the Upper Swift .Creek Plan which suggests that
convenience nodes be designed within a planned residential neighbOrhood, and .located~ at-the-
intersection of arterial streets to serve the immediate area. The PrOposed USe exceptions are
designed to provide goods, and serviCes to nearby existing and proposed residential communities
within this unique development as ._ intended under the original conditions-of zoning..Zoning
conditions and Ordinance requirements, as well as the' proffered limitations on Such uses, are
designed to proVide maximum compatibility with, and'minimal impact.:upon,~ the surrounding
residential development.
Given these considerations, approval of'this requestis recommended'..
CASE HISTORY
Planning Commission Meeting. (4/15/03):
On their own motion, the Commission deferred this caS~ to MAY:20, 2003, to allow time for
the~applicant to hold a 'follow-up meeting with the area Property owners, staff and the
Matoaca Commissioner.
Staff (4/1'6/03):
The applicant was advised in-writing that any significant new-or revised information should
be submitted no later than April 2I, 2003, for consideration at:~e May public hearing.
Staff (4/21/03): '
To' date, no new information has been submitted.
9 03 SN0214-JAN28~BOS
Area Property Owners, Staff and Matoaca District Commissioner (5/1:/03):
A meeting was held with area property owners to discuss their concerns relative ~to this '
request. Issues discussed inchdeduse exception, hours'Of operation, setback exceptions and
buffers. It was generally agreed that these area property owners would register specific
concerns in writing forthe applicant's review inan attempt to resolve these concerns. -
Area Property Owners (5/8/03):
A letter was submitted to'both the applicant and staff clarifying the area property owners'
concerns. These property owners eXpressed aneed for'additional time in which to continue
discussions with the applicant:
Applicant (5/19/03):
Revised proffered conditions.were submitted in an attempt to address area property owners~
concerns. ".
Planning Commission Meeting (5/20!03):
On their own motion, the Commission deferred this ease to June'i7, 2003, to provide
additional time for the applicantandarea residents to continue discussions.
Staff (5/21/03):
The applicant was advised-in ~ting that any Significant;new or~:revised information~should.
be submitted no later thanMay 27;:2003, for consideration at the COmmission's JulY'public
hearing.
Staff (6/2/03):
To date, no new information has been submitted.
Applicant (6/10/03):
In response to area residents', concerns, the applicant withdrew the requested exceptiOn to
parking setbacks.
10 03SN0214-JAN28-BOS
Revised Proffered Condition 1.a. was submitted to clarify the number of fueling stations
proposed as part of the gasoline sales .use.
Planning Commission Meeting (6/17/03):
The applicant accepted Staff's recommendation but .did not accept the Planning
Commission's recommendation. There was opposition present. Several Edgewater
Subdivision residents expressed concern relative to the proposed motor vehicle wash and the
number of pumping stations' included in the proposed gasoline sales. These concerns
included inconsistency with the neighborhood setting; uses appealing to a larger market
rather than to the immediate neighborhood; pollution; and current availability of same
services with in the immediate'area.
Mr. Stack noted that the site currently Permits Convenience Business (C-l) uses; that the
applicant and the neighbors have made compromises; thata motor vehicle wash was nOt
necessary for the success of this neighborhood center; and that_ the gasOline sales should be
further limited to three O) pumps with a total of six (6) fueling stations.
In.response to a question of Mr. Stack, the applicant indicated'that these use modifications
were unacceptable.
The. Commission acknowledged the applicant's withdrawal of the requested parking setback
exception.
On motion of Mr. Stack, seconded by Mr. Litton, the Commission recommended approval of
this request subject to the conditions on pages 2 and 3. Further, the Commission
recommended that the proffered conditions on page 3 not be accepted.
AYES': Unanimous.
Board of Supervisors Meeting (7/23/03):
On their own motion, the Board deferred this case to the November 25, 2003, meeting to
allow time 'for the completion of road improvements within the: vicinity of the request site.
Staff (7/25/03):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than August 18, 2003, for consideration at the Board's November
public hearing.
11 03 SN0214-JAN28-BOS
Staff (11/14/03):
The construction of North WoolridgeRoad to Watermill parkway and Watermill Parkway to
Powhite Parkway is near completion. These fights of Way should be open for public use by
the end of NOvember 2003.
Board of Supervisors Meeting (11/25/03):
On their own motion, the Board deferred this case to the January 28, 2004, meeting to allow
time for the applicant to meet with representatives of the Edgewater Subdivision to address
specific 'neighborhood concerns relative to this request.
Staff (12/2/03):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than December 8, 2003, for consideration at the Board's January
public hearing.
Applicant, Area Property Owners and Staff (1/14/04):
A meeting was held with representatives of the Edgewater Subdivision to discuss their
concerns relative to this request. Issues discussed .included 'architectural requirements,
lighting, signage, landscaping, buffers and uses. It was generally agreed that Ordinance
requirements adequately addressed architecture, lighting,'signage, landscaping and buffers.
Further, the applicant and neighborhood representatiVes would continue discussions relative
to uses as well as other neighborhOod issues not directly related to this request:
Staff(I/21/04):
To date, no new information has been submitted.
The Board of Supervisors, on Wednesday, January 28, 2004, beg~gat 7:00 p.m., will take Under
consideration this request.
12 03SN02'14-JAN28-BOS
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RESERVOIR LAND ASSOCIATES
14800 GENJ~O ROAD
GPIN: P~RT OF ?I~6$?B?$BO0000
~ ' D~B.£660, PG. 76~
6.45 ACRES
EX~STING ZONING: R-9 CUBD
WOOLRIDGE ROAD
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Greenspdng
Case 03SN0214