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
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