78S155STAFF REPORT
DATE:
December 13, 1978 (BS)
APPLICANT & CASE NUMBER: REALTY INDUSTRIES, INC. - 78S155
REQUEST: Rezoning from Residential (R-7) to General Business
(B-3). Applicant plans to construct McDonald's restaurant
on property.
GENERAL LOCATION: Dale Mag. Dist., property fronts east line of
Hopkins Rd. and south line of Meadowdale Boulevard and located
at intersection of aforementioned roads. T.M. 52-12 (1) Pt of
Par 7 (Sheet 15).
SUBJECT PARCEL: 1.2 acres, zoned Res (R-7). Residential use.
ADJACENT PROPERTY: Res (R-7) and Comm Bus (B-2).
and Commercial use.
Residential
UTILITIES, SOILS, DRAINAGE AND EROSION, EASEMENTS: Public water
and sewer are on-site and available to serve property.
Soils are fine sandy loam, gently sloping and, under present
conditions, have only a slight chance for erosion. Soils are
well suited for proposed use. Use will increase run off onto
adjoining sites.
Parcel located in Falling Creek drainage area. Drainage and
erosion problems are anticipated during construction. Prior
to clearing or construction, a site plan and erosion control
plan must be approved by County.
· Off-site drainage easements may be required.
PUBLIC FACILITIES: Property will be served by Bensley Fire
Station, Company Number 3. Fire service capability is adequate
to serve property.
TRANSPORTATION AND TRAFFIC: Vehicular movements will be distributed
over Hopkins Road and Meadowdale Boulevard which are adjacent to
property and in fair to good condition. Highway Department's
1977-1976 Primary/Secondary road traffic counts on area roads
are shown on attached map.
LAND ASSESSMENT: Appraised value - $25,000. Will increase tax
base unknown amount. Use may have adverse effect on adjacent
residential property value.
GENERAL PLAN: Residential use.
DISCUSSION: Applicants, who are property owners, request rezoning
from Residential (R-7) to General Business (B-3). Applicants
plan to construct McDonald's restaurant on property.
Planning Staff, in its assessment of this request to date, is
concerned over both land use compatibility and the detrimental
traffic impact the requested rezoning and proposed Use will have
on the area and intersection encompassing request parcel. -The
applicant's representative has met with Staff and is exploring
options relative to amending the application to request both
additional area for commercial zoning and proper conditional
zoning control under which the southeast corner of this inter-
section might be developed. The applicant has requested a deferral
for this purpose.
STAFF RECOMMENDATION: IT IS RECOMMENDED THAT FURTHER CONSIDERATION
OF THIS OR AN AMENDED APPLICATION BE DEFERRED TO THE COMMISSION'S
NOVEMBER 21, 1978 MEETING.
CASE HISTORY
CPC 9 1978:
AT THE REQUEST OF THE APPLICANT, THE COMMISSION DEFERRED
THIS REQUEST 30 DAYS TO ALLOW THE APPLICANT TIME TO
REEVALUATE HIS DEVELOPMENT PLANS AND AMEND HIS APPLICATION.
On September 8, 1978, Staff sent a letter to Mr. Sam Beale, attorney
for the applicant, outlining other zoning possibilities available.
In addition, Staff and the applicant's representative discussed the
feasibility of including the entire parcel in a request for additional
rezoning.
On November 8, 1978, the applicant's representative again met with
Staff and indicated that the applicant does not intend to request
additional deferral for amendment of the request but would prefer
to proceed with the application for General Business (B-3) zoning
of the subject parcel. It was further indicated that the applicant
would at some future date submit for rezoning to the Office Business
(O) classification the balance of the overall parcel fronting
Meadowdale Boulevard.
Staff has spent considerable time studying this request and is of
the opinion that the rezoning and use intended is inappropriate
and will result in a hazardous situation at this location. B-3
zoning in general and a fast food restaurant in particular would
generate heavy volumes of traffic and create traffic related
problems not only at the intersection of Hopkins and Meadowdale
Boulevard but also at the more heavily traveled intersection of
Hopkins Road and Chippenham Parkway to the north. Reasonably high
density single family and multi-family residential development
has occurred south, east and west of this site. The potential for
further residential development to the south and southeaSt is
evidenced by regular rezoning and tentative subdiVision plan
approvals which typifies the majority of growth in Dale District.
This means that traffic along Hopkins Road will continue to increase
significantly since this major collector is the only road running
north to south between Route 10 and Route 1. The present alignment
and width of the road and the numerous intersecting streets are
severely over-taxed with regard to handling the burden of increased
traffic. This situation is further complicated by the general
travel patterns which ultimately channels the majority of area
traffic to the Hopkins Road-Chippenham intersection. Staff contends
that the use proposed represents an overdevelopment of the site and
will impede this traffic, add further to congestion and present a
safety hazard and detriment to the overall welfare of the citizenry
of the County who use this major collector and the various intersecting
streets. The request parcel is itself extremely small for the use
intended and access to both Hopkins Road and Meadowdale Boulevard
is too close to the intersection to allow for the free-flow of
the traffic, thereby further congestion will result. It can be
already evidenced that congestion of the intersection has occurred
because of the close proximity of the northern entrance of Meadow-
dale Shopping Center to the intersection. Traffic desiring to
cross the intersection from either the north, south or west con-
flicting with shopping center turn traffic has caused back-ups
into the intersection and beyond. Further commercial access to
Meadowdale Boulevard from a use such as Drive-In Restaurant can
only aggravate and compound this situation. There is no alternative
to this problem but to deny commercial access in this vicinity.
Staff also believes that access to the parcel from Hopkins Road
will cause back-ups along Hopkins Road to the south. The overall
potential traffic hazard that will be produced by this request is
further complicated by the presence of Hopkins Elementary School
which is located adjacent and to the southwest of the subject parcel.
Staff believes that the proposed rezoning and intended use will create
a safety problem for the children attending this school. As noted,
Hopkins Road is heavily traveled and there are no sidewalks or
school crossings for the protection of the children.
The resulting effect of approval of this request has longer and more
far-reaching implications. The impact of the proposed rezoning and
intended use will further affect the above noted traffic problems
by setting a precedent for unchecked commercialization southwardly
along Hopkins Road. General Business (B-3) zoning is the least
restrictive commercial zone and permits the most intense commercial
activity permitted in the County. Heretofore, it had been assumed
that if any commercialization was to be allowed on Hopkins south of
the Meadowdale Boulevard intersection, such use would be contained
to business and professional offices which generate minimal amounts
of traffic and provide the least disruption to adjacent and area
single family residential neighborhoods. However, the permitting
of General Business (B-3) rezoning on this corner will make it
difficult to justify restraint in further commercialization from
this ~point southwardly.
When you consider the rezoning classification and the proposed use
and attempts to justify this particular location, it is difficult
to apply criteria which is acceptable. For that matter, it would
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be just appropriate to locate a McDonald's Restaurant at the inter-
section of Bonniebank Road and Hopkins to the north which the
Commission has heretofore indicated as being inappropriate for
heavy commercial uses. In a rational approach, to heavy commercial
zoning and land use, a McDonald's Restaurant is more suitsd to
commercial zones along major arterials such as Jefferson Davis
Highway and Route 60 where, as a rule, such uses have been realisti-
cally regulated and accepted. There might even be justification
for locating the proposed facility within the Meadowdale Shopping
Center (which has been developed and is owned by the applicant). At
least the resulting generation traffic could be handled within the
shopping center as opposed to encouraging hazardous and congested
traffic on Hopkins Road and Meadowdale Boulevard.
In conclusion, Staff does not believe that the rezoning requested
and the intended use at this location can be justified. Moreover,
permitting such rezoning and use will constitute a hazard to public
safety and a detriment to the general public welfare. Staff is
further of the opinion that no benefits to the community can be
realized if the rezoning is approved.
STAFF RECOMMENDATION: Denial of the rezoning request and the intended
land is recommended. If, however, the Commission and the Board can
find justification for endorsing and approving the rezoning and
intended land use, such approval might be predicated upon the
applicant's proffering the following conditions of zoning.
1. The uses permitted on this parcel shall be limited to a McDonald's
Restaurant. There shall be no drive-thru window permitted.
2 /-'Access.~o the parcel shall be limited exclusively to Hopkins
R~ When propertM to the east (remainder of overall ~arcel)
dgve~oDs allowin~ for access to this ~ro~ertv~ the ~
~Qner~kdevelo~e~'of the sub,lect site maY De~mtion the
County~to pee~it, access~%o· Meadowdale. BoUlevard-~hrou hg the ad'3acent
lot provided alignment of th~'drmveways with the entrance into Meadowdale
Boulevard ms accomplished.
3. The proposed building shall be similar to the Williamsburg design,
depicted in the renderings submitted with the application. The buildings
shall utilize red brick. ~~ff.~<ro~D~ah~~~~h~f~, The
plate glass window, as depicted in the rendering, shall not be permitted.
4. Only one access shall be permitted to Hopkins Road. That access shall
be located as shown on the plan submitted with the application. A
left turn lane and right turn lane on Hopkins Road shall be constructed
in accordance with VDH&T standards.
5. A fi~fteen (15) ~oot buffer shall be mainta~ined along the ~ ~
~ south property ]'i~e~. Within this buffer, there shall be installed
a solid board fence or masonry wall at least six (6) feet in height /
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and ten (10) feet from the property lines. This area shall be
landscaped with lucidum shrubs on both sides of the fence, placed
no more than five (5) feet apart, and having an initial height of
four (4) feet. A landscaping plan depicting this arrangement
shall be submitted to the Division of Development Review for
approval prior to the release of a building permit. At such a
time that the property to the east or south develops commercially,
these buffer requirements shall be lifted.
CPC 11 21 78:
Recommended approval of General Business (B-3)
rezoning subject to imposition of Conditions #1
thru #6 as listed above, with the exception that
Condition #1 was amended bM deleting the second
sentence.
The Board of Supervisors, on Wednesday, December 13, 1978, beginning
at 2:00 p.m. will take under consideration this request for zoning.
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