06SN0311
.l^lLUgUst 15, 2006 CPC
September 27, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0311
John Nolde
Matoaca Magisterial District
Southeast Quadrant of Woolridge Road and Watermill Parkway
REQUEST: Amendment to Conditional Use Planned Development (Case 03SN0214) relative to
uses and gross floor area for property known as part of Tract G within Edgewater at
the Reservoir development.
PROPOSED LAND USE:
A commercial center is proposed. Specifically, this amendment would allow uses
permitted by right or with restrictions in the Neighborhood Business (C-2) District
as well as fast food restaurants, exclusive of drive-in windows. In addition, the size
of individual buildings would be increased to a maximum of 10,000 square feet of
gross floor area.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed amendments do not conform to the Upper Swift Creek Plan which
suggests that convenience nodes within planned residential neighborhoods should
be generally limited to Convenience Business (C-l) uses that serve the immediate
area.
Providing a FIRST CHOICE community through excellence in public service
B. The proposed use exceptions are not designed to provide goods and services to
nearby existing and proposed residential communities as intended under the
original conditions of zoning.
c. The existing limitations on gross floor area of buildings were designed to provide an
effective land use transition between the commercial uses and the adjoining
residential community.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPCIt WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAPF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
1. Uses: In addition to those uses permitted by right or with restrictions in the
Neighborhood Business (C-2) District, the following uses shall be permitted:
Fast Food Restaurant uses without drive in windows. (P)
2. Development Standards: Development shall conform to the requirements of the
Neighborhood Business (C-2) District in Emerging Growth District Areas, except as
follows:
Individual buildings. Individual buildings shall not exceed 10,000 square feet of
gross floor area. (P)
(Proffered Condition 1 is in addition those uses permitted by Condition 1 of Case
03SN0214 for the request property only. Proffered Condition 2 supersedes
Condition 2.b of Case 03SN0214 for the request property only. Except for Proffered
Conditions 1 and 2, all previous conditions and proffered conditions of Case
03SN0214 shall remain in effect.)
GENERAL INFORMATION
Location:
Fronts the east line of Woolridge Road, the south line of Watermill Parkway and the west
line of Sailboat Drive. Tax ID 719-687-Part of2245.
Existing: Zoning:
R-9 with Conditional Use Planned Development
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06SN0311-SEPT27-BOS
Size:
4.1 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North and West - R-9 with Conditional Use Planned Development; Vacant
South - R-9 with Conditional Use Planned Development; Commercial
East - R-9 with Conditional Use Planned Development; Single family residential or vacant
UTILITIES
Public Water and Wastewater Systems:
The proposed amendment will have no impact on use of the public water and wastewater
systems. Use of the public water and wastewater systems to serve this site is required as a
condition of the original zoning. (Case 888008, Condition 13)
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
Swift Creek Fire Station, Company Number 16 currently provides fire protection and
emergency medical service.
This request will have a minimal impact Fire and EMS.
Transportation:
The existing Conditional Use Planned Development (Case 03SN0214) permits high-
traffic generators such as a convenience store with gas pumps and shopping centers. This
request is not anticipated to increase the traffic permitted by development under the
existing CUPD.
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06SN0311-SEPT27-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of to the Upper Swift Creek Plan which suggests the property
is appropriate for single family residential use of 2.0 units per acre or less. Further, the
Plan indicates that certain locations within planned residential neighborhoods may be
appropriate for the development of convenience nodes. Such nodes would be designed to
provide limited services to residents within the immediate area. These nodes should be
located at one (1) corner 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 DeveloDment 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.
Zoning History:
On May 25, 1988, the Board of Supervisors, upon a favorable recommendation by the
Planning Cormnission, approved rezoning on the request property and the surrounding
properties to Residential (R-9) and Office Business (0) with Conditional Use Planned
Development to permit a mix of residential, office, commercial and recreational Uses (Case
88S008). The project, which contained approximately 1,313 acres, was commonly known
as Greenspring.
On September 27, 1995, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved various amendments to Case 888008, affecting an 809 acre
portion of the original Greenspring development (Case 95SN0307). Included in this
amendment was the creation of an additional commercial tract (Tract G) consisting of
approximately 6.1 acres. Conditions of zoning required that development within Tract G
conform to the requirements of Convenience Business (C-l) District. A portion of Tract G
represents the subject property.
On January 28, 2004, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved an amendment to Case 95SN0307) relative to uses, hours
of operation and gross floor area for Tract G. Specifically, permitted uses were expanded to
include gasoline sales, with limited pumps/fueling stations, and an associated self-service,
automatic, single-bay motor vehicle wash. Further, operating hours were extended for
convenience store and restaurant uses from 9:00 p.m. to 11 :00 p.m. and the size of one (1)
office or child care center located within 200 feet of existing residentially-zoned property
could be increased from 5,000 to 6,500 gross square feet.
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06SN0311-SEPT27-BOS
1 .
Development Standards:
Except as amended by Case 03SN0214, Condition 6 of Case 95SN0307 requires that
development on the subject property conform to the requirements of Emerging Growth Area
for Convenience Business (C-I) District which address access, parking, landscaping,
architectural treatment, pedestrian access, setbacks, signs, buffers, utilities and screening of
dumpsters and loading areas.
Uses:
Conditions of zoning permit the development of Convenience Business (C-l) uses, a
gasoline sales limited to four (4) pump islands containing eight (8) fueling stations and a
self-service, automatic, single-bay motor vehicle wash associated with the gasoline sales.
(Case 03SN0214: Condition 1)
The applicant is requesting to expand the uses to include those permitted by right or with
restrictions in the Neighborhood Business (C-2) District as well as fast food restaurants
exclusive of drive-in windows. Fast food restaurants are first permitted in the Community
Business (C-3) District. (Proffered Condition I)
As proposed, these uses are not designed to provide goods and services to nearby existing
and proposed residential communities of Greenspring project as intended under the original
conditions of zoning and the Plan, but rather to attract customers from a wider market area.
Individual Building Size:
Current conditions restrict the square footage of buildings located within 200 feet of an
existing residentially zoned parcel to 5,000 square feet of gross floor area, except for a child
care center or office use which may be increased to 6,500 square feet of gross floor area
(Case 03SN0214: Condition 2.b). 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 all buildings located on the property be permitted a maximum of 10,000
square feet of gross floor area, regardless of their proximity to residentially zoned properties.
(Proffered Condition 2.b)
The existing limitations on gross floor area of buildings were designed to provide an
effective land use transition between the commercial uses and the adjoining residential
community. Increasing these limitations will not ensure maximum compatibility with, and
minimal impact on, area residential development.
CONCLUSION
The proposed amendments do not conform to the UPDer Swift Creek Plan which suggests that
convenience nodes within planned residential neighborhoods should be generally limited to
Convenience Business (C-l) uses that serve the immediate area. The proposed use exceptions
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06SN0311-SEPT27-BOS
]"
are not designed to provide goods and services to nearby existing and proposed residential
communities as intended under the original conditions of zoning.
Further, the existing limitations on gross floor area of buildings were designed to provide an
effective land use transition between the commercial uses and the adjoining residential community.
Increasing these limitations will not ensure maximum compatibility with, and minimal impact on,
area residential development
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/15/06):
The applicant did not accept the recommendation. There was opposition present. The
opposition expressed concerns relative to the impact on traffic and intensification of
commercial uses in proximity to area residential.
Messrs. Wilson and Gecker indicated that they may be in a position to support
amendments if additional restrictions were offered to limit the types of commercial uses
to those which would serve the neighborhood and size of uses/buildings.
On motion of Mr. Bass, seconded by Mr. Gecker, the Commission recommended denial
of this request.
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
The Board of Supervisors, on Wednesday, September 27,2006, beginning at 7:00 p.m., will take
under consideration this request.
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06SN0311-SEPT27-BOS
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September 27, 2006 BS
ADDENDUM
06SN0311
John Nolde
Matoaca Magisterial District
Southeast Quadrant of Woolridge Road and Watermill Parkway
REQUEST: Amendment to Conditional Use Planned Development (Case 03SN0214) relative to
uses and gross floor area for property known as part of Tract G within Edgewater at
the Reservoir development.
PROPOSED LAND USE:
A commercial center is proposed. Specifically, this amendment would allow
certain uses permitted by right or with restrictions in the Neighborhood Business
(C-2) District as well as fast food restaurants, exclusive of drive-in windows. In
addition, the size of individual buildings would be increased to a maximum of
8,000 square feet of gross floor area.
On September 15 and 18, 2006, the applicant submitted revisions to Proffered Conditions 1 and
2. Proffered Condition 1 originally allowed all uses permitted by right or with restrictions in the
Neighborhood Business (C-2) District plus fast food restaurants without drive-in windows. This
proffer has been amended to limit the number of permissible C-2 uses plus fast food restaurants
without drive in windows.
Proffered Condition 2 originally allowed the size of individual buildings to be increased to a
maximum of 10,000 square feet of gross floor area. This proffer has been amended to limit the
size of individual buildings to 8,000 square feet of gross floor area.
Based upon the submission of the revised proffered conditions, this case is substantially different
from that considered by the Planning Commission. As such, staff recommends that the Board
remand this request to the Planning Commission. However, should the Board wish to consider
these amendments, staff continues to recommend denial of this request for reasons noted in the
"Request Analysis".
(OVER)
Providing a FIRST CHOICE community through excellence in public service
r. .
(NOTE: PROFFERED CONDITIONS WERE AMENDED SUBSEQUENT TO THE
ADVERTISEMENT OF THE CASE. THEREFORE, THE BOARD WOULD NEED TO
SUSPEND THE PROCEDURES TO CONSIDER THESE CHANGES.)
PROFFERED CONDITIONS
1. Uses: In addition to those uses permitted by right or with restrictions in Case
03SN0214, the following uses shall be permitted:
a. Fast food restaurant uses without drive in windows.
b. Carry-out restaurants uses without drive in windows.
c. Health clubs.
d. Office supply stores.
e. Mailing services stores.
f. Printing shops, providing that only copying and/or duplicating machines
are used.
g. Art schools, galleries, or museums.
h. Schools for music or dance.
1. Pet shops, including pet grooming.
J. Catering establishments.
k. Medical facilities or clinics.
1. Hobby stores.
ID. Clothing stores.
n. Curio or gift shops.
o. Eyewear sales and services.
p. Jewelry stores.
q. Paint and \\-7allpaper stores.
r. Toy stores. (P)
2. Development Standards: Development shall conform to the requirements of
Case 03SN0214, except as follows:
a. Individual buildings. Individual buildings shall not exceed 8,000 square
feet of gross floor area. Such buildings may be located within 200 feet of
an existing residentially zoned parcel. (P)
(Proffered Condition 1 is in addition those uses permitted by Condition 1 of Case
03SN0214 for the request property only. Proffered Condition 2 supersedes
Condition 2.b of Case 03SN0214 for the request property only. Except for
Proffered Conditions 1 and 2, all previous conditions and proffered conditions of
Case 03SN0214 shall remain in effect.)
2 06SN0311-SEPT27-ADDENDUM-BOS