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07SN0166 No"'/ember 16,2006 CPC December 13~ 2006 BS STAFF~S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0166 G & E Enterprises Dale Magisterial District East line of Hopkins Road REQUEST: Rezoning from Neighborhood Business (C-2) and Corporate Office (0-2) to C.onununity Business (C-3) plus Conditional Use Planned Development to permit an exception to the required number of parking spaces~ PROPOSED LAND .USE: Restaurant use, to include fast food restaurant without drive in vvindows, is planned~ Proffered Condition 1 limits permitted uses to restaurants, to include fast food restaurants without drive in windows, and uses permitted by right or with restrictions in a Neighborhood Office (O~l) District Exceptions are requested to reduce parking provisions for restaurant uses to one (1) space for each 300 square feet of gross. floor area . PLANNING COMMISSION RECOMMENDATION RE.COMMEND APPROVAL SUBJECT TO A CONDITION AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON P AGE 2~ AYES: MESSRS~ \VILSON, GECKER, BASS AND LITTON. ABSENT: MR. GULLEY& STAFF RECOMMENDATION Recommend denial for the follo\ving reasons: A~ The proposed restaurant uses do not conform to the Central Area Plan which suggests the property is appropriate for office and residential use of various de.nsi ti es ~ Providing a FIR-Sf"[ (~I-I()ICf~ community through excellence in public service B~ The proposed zoning and land uses are not representative of, nor compatible with, existin.g and anticipated area residential an.d office development c~ The requested parking exception will not ensure provision of all adequate number of parking spaces for restaurant and fast food restaurant uses~ (NOTE: CONDITIONS M.AY BE IMPOSED OR rrHE PRO.PERTY OWNER(S) MAY PROFFER CONDll~IONS~ THE CON.DITIONS NOTED WITH HSTAFF/CPCH W.ERE AGREED UPON BY BOTH STAFF AND THE COMMISSIONa CONDITIONS WITH ONLY. A HSTAFpH ARE RECOMMENDED SOLELY BY STAFF~ CONDITIONS WITH ONLY A "epe" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) C.ONDITION (CPC) Th.e Textual Statement dated October 16, 2006 shall be considered the master plan~ (P) PROFFERED CONDITIONS (epe) 1. Uses~ Uses shall be limited to those uses permitted by right or with restrictions in the Neighborhood Office (0-1) District plus restaurant uses, to include fast food restaurants without drive-in \\1ndows. (P) (epe) 2* Storm.water Retention. The developer will retain the ten year post- development runoff on site and release at tIle two year pre-development rate~ (EE) (epe) ...,. j~ Direct vehicular access to Hopkins Road shall be limited to one entranc.e/exit The exact location of this entrance/exit shall be approved by the Transportation Department. Prior to any site plan approval, an access easement, acceptable to the Transportation Department, shall be recorded from Hopkins Road to the adjac.ent property to the north~ (T) GENE.RA.L INFORMATION Location: East line of Hopkins Road, south ofM.eadowdale Boulevard. Tax ID 781-684-1434 (Sheet 12)~ Existing Zoning: C-2 and 0-2 2 07SN0166-DE:C13~B()S Size: 0.6 acre Existing Land Use: Vacant Adj.acent Zoning and Land Use: North... C-2; Vacant South ~ R-7; Single family residential East - C-2 and 0-2; Vacant West - C...2 and R-7; Comnlercial and public/semi-public UTILITIES Public Water System: There is an existing sixteen (16) inch water line and a twelve (12) inch water line extending along Hopkins Road, adjacent to this site~ Use of the public water system is required by County Code~ Public Wastewater System: There is an existing eight (8) inch wastewater collector line that terminates adjacent to the eastern boun.dary of this site. Use of the public wastewater syste.m is required by County C.ode~ ENVIRONMENT AL :Drainage and Erosion: The. subject property drains to the south to an adjacent man made ch aill1e 1 along the southern property linea The water then flows to the rear of homes in Meadowdale Subdivision and then via an underground storm water c.onveyance system and .paved channels to tributaries of Falling Creek~ There are currently no on.- or off-site erosion pro.blems and none are anticipated after development The channel to th.e rear of approximately ten (10) homes in Meado\\;~dale Subdivision. and the dO\\1TIstream storm sewer system are inadequate and have caused severe flooding over the years. However, due to some minor improvements to the storm sewer system and channel to the rear of the homes as well as the contributing commercial area storing water on-site, problems have been reduced and stabilized~ 3 07SN 0166- I) 1i:(: 13~ 13C)S There is currently a storm water management (S WM) easement on forty (40) percent of this parcel that is detaining drainage for the existing development This facili.ty will need to remain an.d any new impervious areas currently not addressed should retain the 10 year post development runoff on site and release at a 2 year pre developnlent rate. (Proffered Condition 2) PUBLIC FACILITIES Fire Service: The Dale Fire Station, Company Number 11 ~ currently provides fire protection an.d emerge.ncy medical service6 This request will have a minimal impact on fire and EMS. Transportation: This request will have a minimal impact on the traffic anticipated to be generated by development of the property ~ Development must adhere to the Development Standards Manual in the Zoning Ordinance relative to access and internal circulation (Division 5)6 Access to major arterials, such as Hopkins Road, should be controlled& The applicants have proffered that direct access from the property to Hopkins Road will be limite.d to one entrance/exit (Proffered Condition 3). In order to limit the number of accesses to Ho.pkins Road, Proffered Condition 3 also requires that an easement be recorded to provide shared use of this access with the adjacent property to the north. LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for office and residential use of various densities~ The Plan further notes that due to the proximity of the two (2) elementary schools (Hopkins and Beulah) and the limited size of tIle parcels, uses on along Hopkins Road within the mixed use corridor should be limited to office and residential uses only with no supporting retail uses~ Area Development Trends: The area is c.haracterized by conunercial uses concentrated at the Hopkins Road/Chippenham Parkway Interchangec South of Meadowdale Boulevard and west of Hopkins Road, with the exception of the immediate intersection, uses are predominately limited to office~ residential and public/semi-public (Hopkins Elementary School). It is anticipated that any development or rede ve1 o.pment along Hopkins Road, south of Meadowdale Boulevard, will be predominately for residential and office uses, providing appropriate transition to established residential developments, as suggested by the Plan~ 4 07SN0166- D EC13~ BC)S Zoning History: On June 27~ 1979, the Board of Supervisors~ with a recommendation for denial by the Planning Commission, approved a rezoning of a 1.8 acre parcel to Office Business (0) and Convenience Business (B-1) (Case 798062). Proffered conditions limited uses on the B-1 portion to a savings and loan association and/or office buildings. The subject prop.erty was included in this request Development Standards: The property lies within an Emerging Gro'Wth District Area~ Except for the number of parking spaces (Textual Statement), development of the property must conform to Emerging Grovvth District req.uirernents which address access, parking, landscaping, architectural treatment, setbacks, lighting, pedestrian access, signs, buffers, utilities and screenin.g of drunpsters and loading areas~ Uses: Proffered Condition 1 limits uses to those pennitted by right or with restrictions in the Corporate Office. (0-2) .District plus restaurants and fast food restaurants without drive in windows. Parking: Currently, the Ordinance requires the provision of one and one-half (1 ~5) parking spaces for each 100 square feet of restaurant use. For fast food restaurants, this requirement increases to two (2) parking spaces for each 100 square feet, with a minimum provision of fifteen (15) spaces~ The applicant .proposes to provide parking at a ratio of one (1) space for each 300 square feet of restaurant or fast food restaurant uses, with no minimwn provision~ This ratio would result in a parking space reduction ranging from seventy-eight (78) to eighty-four (84) percent below that required by Ordinance. Further, adjacent properties are not zoned to permit the location of parking facilities to serve any restaurant development on the subject property~ No information has been submitted to support the reduced provision of off-street parkingw CONCLUSION The proposed restaurant uses do not conform to the Central Area Plan which suggests the property is appropriate for office and residential use of various densities~ The Plan that due to the proximity of the two (2) elementary schools (Hopkins and Beulah) and the limited size of the parcels, uses on along Hopkins Road \vithin the mixed use corridor should be limi.ted to office and. residential uses only with no supporting retail uses. In addition, the proposed zoning and land uses are not representative of~ nor compatible with, existing and anticipated area residential and office development. j 07SN0166-DE'(:13~13()S The requested parking exception \vill not ensure provision of an adequate number of parking spaces for restaurant and fast food restaurant uses. Given these considerations, de.nial of this request is recommen.ded. CASE HISTOR.Y Planning Commission Meeting (11/16/06): The applicant did not accept staff s recommendation, but did accept the Planning Commission's recommendation~ There was opposition present An adjacent property ovvuer expressed concerns that the. reduction in the required number of parking spaces may result in patrons of this business utilizing his parking area. Concern was also expressed regarding the shared access easement Mr~ Litton indicated the proposed use is superior to other uses which have been proposed for the property~ On motion of Mr~ Litton, seconded by Mr. Gecker, the Commission recommended approval subject to the con.dition and acceptance of the proffered conditions on page 2~ AYES: Messrs. Wilson, Gecker~ Bass and Litton~ ABSENT: Mr~ Gulley. The Board of Supervisors, on Wednesday, December 13,2006, beginning at 7:00 p.m., will take under consideration this request 6 07SN0166-Df=C13-B()S G & E Enterprises Case Now 07SN0166 TEXTUAL STATEMENT The applicant requests the following exception to required zoning conditions: Parkino. Parking requirements for any restaurant or fast food resta.urant use shal.1 be calculated. at 1. space per 300 square. feet of gross floor areaa Date: October 16, 2006. //L William H. Shewmake, Agent I\~ )~ : I I . I I I . 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