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.l^~pril 18, 2006 CPC
~fuy 16, 2006 CPC
June 28, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0146
Tropical Treehouse Inc.
by
Henry E. McAuliffe
Clover Hill Magisterial District
East line of Courthouse Road
REQUEST: A Conditional Use to permit greenhouse and nurseries plus a Conditional Use
Planned Development to permit exceptions to the number of parking spaces, the
paving of parking areas and driveways, the landscaping of parking areas and the
setback and widths for driveways.
PROPOSED LAND USE:
Continued operation of a greenhouse and nursery is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed commercial land uses do not conform to the Northern Area Plan
which suggests the property is appropriate for medium density residential use of
1.51 to 4.0 units per acre.
B. The proposed zoning and land uses are not representative of, nor compatible with,
existing and anticipated area development.
Providing a FIRST CHOICE community through excellence in public service
c. The application fails to address Transportation issues relative to access limitations
and road improvements along Courthouse Road, as discussed herein.
D. The requested exceptions relative to parking space provisions, parking area and
driveway design, width and setbacks are inappropriate for a growing commercial
operation that should be upgraded to comply with Ordinance standards as
required for other similar commercial establishments.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/epc" WERE
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 PLANNING
COMMISSION.)
PROFFERED CONDITIONS
(epc)
( CPC)
(CPC)
(CPC)
(epc)
1.
The Textual Statement, dated March 28, 2006, shall be considered the
Master Plan. (P)
2.
This Conditional Use shall be granted to and for Gene McAuliffe or his
immediate family and heirs, exclusively, and shall not be transferable or
run with the land. (P)
3.
This Conditional Use shall be limited to the operation of a retail and
wholesale greenhouse and nursery. (P)
4.
The hours of operation that the business will be open to the public shall be
limited to Monday through Saturday from 9:00 a.m. to 8:00 p.m. and
Sunday from 10:00 a.m. to 5:00 p.m. (P)
5.
Except as noted below and in the Textual Statement dated March 28,
2006, the existing facility shall be upgraded and future expansions
designed to conform to the requirements of the Zoning Ordinance for
General Business (C-5) Districts in Emerging Growth areas. A separate
schedule for the implementation of these improvements shall be submitted
to the Planning Department within thirty (30) days of the approval of this
request:
a. Screening
With the exception of mulch and gravel storage, loading and
unloading areas and 2 (two) storage trailers if located behind the
retail/office building, all outside storage shall be screened in
accordance with the requirements of the Zoning Ordinance.
2
06SN 0 146-JUNE28- BOS
(CPC)
(CPC)
Location:
b. Continuous Outside DisDlav
There shall be no limitation on the quantity of continuous outside
display. Such display shall not be required to be located under
cover. There shall be no minimum required setback for this
display from Courthouse Road.
c. Perimeter Landscaping
Perimeter landscaping requirements adjacent to Tax ID 745-700-
2188 shall be modified to consist of, at minimum, a row of
evergreen plants that have a mature growing height of at least ten
(10) feet with a spacing of no greater than ten (10) feet on center.
d. Buffers
Buffer requirements adjacent to Tax ID 744-700-9828 shall be
reduced to a minimum of ten (1 0) feet in width as shall contain, at
minimum, a row of mixed evergreen plants that have a mature
growing height of at least ten (10) feet with a spacing of no greater
than ten (10) feet on center.
Buffer requirements adjacent to Heatheridge and Briarcliff
subdivisions shall conform to Ordinance requirements for C-3
districts. (P)
6.
There shall be no access to the site from Mullenex Way. (P)
7.
Additional pavement and curb and gutter shall be constructed across the
front of the property as required by the Transportation Department at such
time as the existing facility is expanded. (T)
GENERAL INFORMATION
East line of Courthouse Road, south of Smoke tree Drive. Tax IDs 745-700-1758 and 1872
(Sheet 6).
Existing Zoning:
Size:
A with Special Exception and A
9.7 acres
3
06SN0146-]UNE28- BOS
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North and West - A; Single family residential or public/semi public (under construction)
South and West - R-7 and R-9; Single family residential
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the east side of Courthouse
Road, adjacent to the request site. Use of the public water system is required by County
Code when a public water line is less than 200 feet away from a property line of any lot or
parcel and a building permit application has been made for a new structure (Sec. 18-60(c)).
The existing structure on-site is served by a private well. The applicant intends to continue
to utilize the private well.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line that terminates at the western
end of Marbleridge Road, approximately 150 feet south of this site. Use of the public
wastewater system is required by County Code when a public wastewater line is less than
200 feet away from a property line of any lot or parcel and a building permit application has
been made for a new structure (Sec. 18-60(c)). The existing structure on-site is served by a
private septic system and the applicant intends to continue to utilize the private septic
system.
Private Well and Septic System:
The Health Department must approve the use of private wells and septic systems.
ENVIRONMENT AL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Courthouse Road Fire Station, Company Number 20, currently provides fire
protection and emergency medical service (EMS). This request will have a minimal
impact fire and EMS.
4
06SN0146-]UNE28-BOS
Transportation:
The property (approximately 10 acres) is currently zoned Agricultural (A) and the
applicant is requesting a Conditional Use to permit a greenhouse and nurseries. An
existing nursery/garden center has been developed on the property. Based on
nursery/garden center trip rates, the existing development could generate approximately
700 average daily trips (ADT). These vehicles will be initially distributed along
Courthouse Road, which had a 2004 traffic count of 45,119 vehicles per day between
Lucks Lane and Smoketree Drive. Courthouse Road adjacent to the property transitions
from a six-lane to a four-lane divided roadway that accommodates (Level of Service C)
the volume of traffic it currently carries.
Development must adhere to the Zoning Ordinance relative to access and internal
circulation (Article 7). The Thoroughfare Plan identifies Courthouse Road as a major
arterial. Access to major arterials, such as Courthouse Road, should be controlled. The
site has been developed with two (2) accesses to Courthouse Road. These accesses are
approximately 250 feet apart. In order to provide adequate access spacing, one of these
accesses should be removed. The applicant has not agreed to remove either of these
accesses.
The traffic impact of this development must be addressed. Courthouse Road in this area
will ultimately need to be a six-lane divided facility to accommodate anticipated traffic
volumes. The applicant should provide the third northbound lane on Courthouse Road
adjacent to the property. The applicant is unwilling to provide this improvement until the
development is expanded (Proffered Condition 7). Because much of the site was
developed without the proper approvals, this improvement should be provided
immediately.
The applicant is not willing to limit access to Courthouse Road or provide customary
road improvements; therefore, the Transportation Department cannot support this request.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for medium density residential use of 1.51 to 4.0 units per acre. The plan is
currently being evaluated for amendment. The draft Northern Courthouse Road Plan
amendment, as recommended by the Planning Department, suggests the property is
appropriate for professional and administrative offices and residential developments of
6.0 units per acre or less.
5
06SN 0 146-JUNE28- BOS
Area Development Trends:
The area is characterized by single family residential development on acreage parcels and
within recorded subdivisions such as Heatheridge and Briarcliff, or church uses which are
under construction.
Zoning History:
On October 3, 1990, the Board of Zoning Appeals approved a Special Exception to operate
a commercial greenhouse in an Agricultural (A) District on a 4.9 acre parcel (Case
90AN0268). This application affected the northern portion of the current subject property.
Conditions were imposed limiting the operation of the business to the applicant with no time
limitation.
In 2005, as a result of a complaint regarding the clearing of property, staff inspected the
facility and noted that the greenhouse and nursery operation had expanded onto the adjacent
4.9 acre parcel to the south for which no Special Exception had been granted (the southern
portion of the subject request). Subsequently, the applicant filed an application for a
Conditional Use to both expand the limits of this operation onto the adjacent 4.9 acre parcel
and to modify conditions of approval for Case 90AN0268 on the original site.
Site Design:
The request property lies within an Emerging Growth District Area. Development standards
for this area are applicable only to properties zoned office, commercial or industrial. The
applicant has proffered that, with some exceptions, development of the property for
greenhouse and nursery uses will be upgraded to conform to the requirements of the Zoning
Ordinance for Emerging Growth District Areas for General Business (C-5) Districts
(Proffered Condition 5). Emerging Growth District Area standards address access, parking,
landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening of
dumpsters and loading areas.
Uses:
Proffered conditions limit uses to the operation of a retail and wholesale greenhouse and
nursery for the applicant, his immediate family and heirs only. (Proffered Conditions 2 and
3)
Hours of Operation:
Proffered Condition 4 limits the hours the operation will be open to the public.
Continuous Outside Displav:
Currently, the Emerging Growth standards require that continuous outside display be limited
to five (5) percent of the gross floor area for the principal use and be located lUlder a covered
6
06SN 0146-]UNE28- BOS
pedestrian way. Such display must meet the same setbacks required for parking areas. As
proffered, there would be no limitation on the quantity of continuous outside display nor
would such use be required to locate under cover. No setback would be required from
Courthouse Road for such display (Proffered Condition 5.b). Should the Commission and
Board wish to approve this request, at a minimum, the setback requirements along
Courthouse Road for all uses should be adhered to.
Buffers" Landscaping and Screening:
Adjacent properties to the south and east are zoned Residential (R-7 and R-9) and are
occupied by single family dwellings. Based upon C-5 District standards, a 100 foot
buffer would be required adjacent to these residential properties. Proffered Condition S.d
would require a seventy-five (75) foot buffer adjacent to the Heatheridge and Briarcliff
Subdivisions. Given that greenhouse and nursery operations are first permitted in a
Community Business (C-3) District which requires the provision of a seventy-five (75)
foot buffer adjacent to residential properties, the proposed seventy-five (75) foot buffer
would be appropriate adjacent to these subdivisions. However, due to the close
proximity of an existing driveway to the southern property line (Textual Statement 6),
Proffered Condition 5.d would require only a ten (10) foot buffer consisting of a row of
evergreen trees adjacent to the acreage parcel to the south. Given the intensity of this
use, a wider visual separation consistent with that applied to the adjacent subdivision
developments would be warranted.
Property to the north is zoned Agricultural (A) and is occupied by a single family
dwelling. Emerging Growth standards would not require the provision of a buffer
adjacent to this northern parcel but would require perimeter landscaping within the
required setback adjacent this northern boundary. Proffered Condition 5.c would provide
for a row of evergreen trees, which currently exist along this boundary, rather a mix of
deciduous and evergreen plant materials, as required by Perimeter Landscaping A
standards. Planting densities would remain the same.
Within C Districts, the Ordinance requires the screening of outside storage and loading
areas from R and A Districts, as well as public rights-of-way. Screening must be
accomplished by building design or by use of durable architectural walls or fences
constructed of comparable materials and compatible design to the principal building, or
with the use of berms or other land forms under certain circumstances. Proffered
Condition 5.a would permit loading areas as well as the storage of mulch and gravel to
remain unscreened. Two (2) storage trailers, if located behind the retail/office building,
would also remain unscreened. This lack of screening would have the greatest visual
impact on properties to the north and south, given the minimal buffering and landscaping
requirements adjacent to such properties as noted herein.
Parking and Drivewavs:
Within Agricultural (A) Districts, parking areas for five (5) or more vehicles serving non-
residential development must conform to the parking requirements for 0, C or I Districts.
7
06SN 0 146-JUNE2S- BOS
Exceptions are requested to permit a reduction in the number of parking spaces required
for greenhouse and growing areas from one (1) space per 700 gross square feet to one (1)
space for every 1,500 gross square feet (Textual Statement 1). No information has been
submitted to substantiate this reduction.
The Ordinance requires that driveways and parking areas serving more than four (4)
vehicles be paved with concrete, bituminous concrete or similar material. An exception
has been requested to permit continued use of these unpaved driveway and parking areas;
to reduce required driveway widths from twenty-four (24) to twenty (20) feet; to
eliminate parking lot landscaping requirements; and to reduce driveway setbacks from
the southern and northern property boundaries from thirty (30) feet to ten (10) and zero
feet respectively (Textual Statement 2 through 6). As a growing commercial operation
with no limitations as to size or duration of the operation, this development should be
upgraded to comply with Ordinance standards as required for other similar commercial
establishments. Further, the requested setback exceptions reduce the separation from
adjoining residential development, necessitating a reduction in the typical buffer area
required between residential and commercial districts as requested to the south.
(Proffered Condition 5.d)
Access:
To address neighborhood concerns, the applicant has proffered that no access will be
provided from the property from Mullenex Way, located in the Heatheridge development.
(Proffered Condition 6)
CONCLUSION
The proposed land uses do not conform to the Northern Area Plan which suggests the property is
appropriate for medium density residential use of 1.51 to 4.0 units per acre. As noted, the Plan
for this are is currently under review. The Northern Courthouse Road Plan amendment, as
recommended by staff, suggests the property is appropriate for professional and administrative
offices and residential developments of 6.0 units per acre or less.
The land uses are not representative of, nor compatible with, existing and anticipated area
residential development.
The application fails to address Transportation issues relative to access limitations and road
improvements along Courthouse Road, as discussed herein.
The requested exceptions relative to parking space provisions, parking area and driveway design,
width and setbacks are inappropriate for a growing commercial operation that should be
upgraded to comply with Ordinance standards as required for other similar commercial
operations.
Given these considerations, denial of this request is recommended.
8
06SN0146-]UNE28-BOS
CASE HISTORY
Planning Commission Meeting (4/18/06):
On their own motion, the Commission deferred this case to their May 16, 2006, public
hearing.
Staff (4/19/06):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than April 24, 2006, for consideration at the Commission's
May 16, 2006, public hearing.
Staff (4/27/06):
To date, no new information has been submitted.
Planning Commission Meeting (5/16/06):
The applicant did not accept staffs recommendation, but did accept the Commission's
recommendation. There was no opposition present.
Mr. Gulley indicated that the use had existed for a number of years with no apparent
adverse impact on the area and that the use provided a service to the neighborhood. He
stated the existing driveway widths and gravel parking areas had not created any
problems.
On motion of Mr. Gulley, seconded by Mr. Litton, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, June 28, 2006, beginning at 7:00 p.m., will take under
consideration this request.
9
06SN0146-]UNE28-BOS
TROPICAL TREEHOUSE
CONDITIONAL USE / C.U.P.D. REQUEST
TEXTUAL STATEMENT
CASE 06SN0146
March 28, 2006
The following exceptions are requested to the parking and drive requirements for non-residential
uses in Agricultural (A) Districts.
ParkinS! and Drives.
1. Parking spaces shall be provided at a ratio of one (1) space per two-hundred (200)
square feet of office and indoor sales space and one (1) space per fifteen-hundred
(1500) square feet of outdoor and greenhouse display area.
2. An exception to the requirement for pavement of driveways and parking areas and
concrete curb and gutter around the perimeter of driveways and parking areas to
allow gravel surfaces.
3. An exception to the requirement for parking area landscaping.
4. A four (4) foot exception to the required twenty-four (24) foot drive aisle width
requirement.
5. A thirty (30) foot exception to the required thirty (30) foot setback for driveways
adjacent to Tax ID 745-700-2188
6. A twenty (20) foot exception to the required thirty (30) foot setback for driveways
adjacent to Tax ID 744-700-9828.
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