06SN0311
6)
,^~HgUSt 15,2006 CPC
September 27, 2006 88
December 11,2006 CPC
January 24,2007 BS
S1 AFF'S
REQUEST ANALYSIS
AND
RECOMMENDA nON
06SN0311
John Nolde
Matoaca Magisterial District
Southeast Quadrant of Woolridge Road and Watermill Parkway
REQUEST: Amendment to Conditional Use Planned Development (Case 03SN02I4) 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.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
5T AFF 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 HRST 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/CPC" 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
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.
m. Clothing stores.
n. Curio or gift shops.
o. Eyewear sales and services.
p. Jewelry stores.
q. Paint and wallpaper stores.
r. Toy stores. (P)
2. Development Standards: Development shall conform to the requirements of
Case 03SN0214, except as follows:
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06SN0311-jAN24-BOS
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.)
GENERAL INFORMA lION
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 of 2245.
Existing Zoning:
R-9 with Conditional Use Planned Development
Size:
4.1 acres
Existing Land Use:
Vacant
Adiacent 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 88S008. Condition 13)
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06SN 0311-) A. N 24- DOS
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.
LAND USE
Comprehensive Plan:
Lies \\Iithin 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 (I) comer 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 Develooment 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 Commission. approved rezoning on the request property and the surrounding
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06SN0311-).AN24-BOS
properties to Residential (R-9) and Office Business (0) with Conditional Use Plarmed
Development to permit a mix of residential, office. commercial and recreational Uses (Case
88S008). The project. which contained approximately 1.313 acres, was commonly knO\\iTI
as Greenspring.
On September 27, 1995, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved various amendments to Case 88S008, 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, hOills
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 hOills 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.
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. I ) uses. a
gasoline sales limited to fOill (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 application, as originally considered by the Planning Commission, would 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 Conununity Business (C-3) District. The applicant has
modified this request to include certain C-2 uses as well as fast food restaurants without
drive. in windows. (Proffered Condition I)
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06SN0311-.IAN24-BOS
As proposed, these uses are not designed to provide goods and services to nearby existing
and proposed residential communities of Oreenspring 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 application, as
originally considered by the Planning Commission, would permit all buildings located on
the property to be permitted a maximum of 10,000 square feet of gross floor area. regardless
of their proximity to residentially zoned properties. The applicant has modified this request
to reduce the maximum building size to 8,000 square feet of gross floor area, regardless of
the distance from residentially zoned parcels.
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 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. 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.
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!l5106):
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.
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06SN0311-]AN24-BOS
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 useslbuildings.
On motion of Mr. Bass, seconded by Mr. Gecker, the Commission recommended denial
of this request.
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
Applicant (9/15/06 and 9/18106):
The application was amended, as discussed herein. Revised proffered conditions were
submitted.
Board of Supervisors' Meeting (9/27/06):
On their own motion, the Board of Supervisors remanded this case to the Planning
Commission.
Staff (9/28106):
The applicant was advised in \Vfiting that any significant, new or revised information
should be submitted no later than October 16, 2006, for consideration at the
Commission's December 14.2006, public hearing.
Staff(l1l15106):
To date, no new information has been submitted.
Planning Commission Meeting (12/14106)
The applicant did not accept the recommendation. There was OppOSItIon present
indicating concerns relative to traffic impact; the amount of available commercial space
in the area exceeds demand potentially resulting in empty tenant space, and the potential
environmental impacts of gasoline sales.
Mr. Bass indicated that there is sufficient commercial space to serve area needs and that
in his opinion the existing zoning of the property is inappropriate.
On motion of Mr. Bass, seconded by Mr. Gecker, the Commission recommended denial.
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06SN0311-]AN24-BOS
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
The Board of Supervisors, on Wednesday, January 24,2007, beginning at 6:30 p.m., will take
under consideration this request.
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06SN 0311-J AN 24- BOS
c
fP
ompanson 0 roposa s
Standard Approved Zoning Original Amendment Revised Amendment
Considered by CPC Considered by CPC
Uses C~I plus gas sales All C- 2 and fast food Limited C-2 uses and fast
with car wash food
Building Size (sq. ft.) 5,000 if within 200 10,000 8,000
ft of residential at
8.000 if beyond 200 ;
feet except for child i
care and office uses
Project Density 5,000 No limit 5,000 !
sq. ft./ac. i
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