07SN0166
November 16,2006 CPC
December 13,2006 BS
February 28, 2007 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
Community 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 windows, 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 (0-1) 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
RECOMMEND APPROVAL SUBJECT TO A CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGE 2.
AYES: MESSRS. WILSON, GECKER, BASS AND LITTON.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
Providing a FIRST CHOICE community through excellence in public service
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
densities.
B. The proposed zoning and land uses are not representative of, nor compatible with,
existing and anticipated area residential and office development.
C. The requested parking exception will not ensure provision of an adequate number
of parking spaces for restaurant and fast food restaurant uses.
(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.)
CONDITION
(CPC)
The Textual Statement dated October 16, 2006 shall be considered the master
plan. (P)
PROFFERED CONDITIONS
(CPC)
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 windows. (P)
(CPC)
2.
Stormwater Retention. The developer will retain the ten year post-
development runoff on site and release at the two year pre-development rate.
(EE)
(CPC)
3.
Direct vehicular access to Hopkins Road shall be limited to one
entrance/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 adjacent property to the north. (T)
GENERAL INFORMATION
Location:
East line of Hopkins Road, south of Meadowdale Boulevard. Tax ID 781-684-1434 (Sheet
12).
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07SN0166- FEB28- BOS
Existing Zoning:
C-2 and 0-2
Size:
0.6 acre
Existing Land Use:
Vacant
Adiacent 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; Commercial 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 boundary of this site. Use of the public wastewater system is required by County
Code.
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to the south to an adjacent man made channel along the
southern property line. The water then flows to the rear of homes in Meadowdale
Subdivision and then via an underground storm water conveyance system and paved
channels to tributaries of Falling Creek. There are currently no on- or off-site erosion
problems and none are anticipated after development.
The channel to the rear of approximately ten (10) homes in Meadowdale Subdivision and
the downstream 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
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07SN0166- FEB28- BOS
channel to the rear of the homes as well as the contributing commercial area storing water
on-site, problems have been reduced and stabilized.
There is currently a storm water management (SWM) easement on forty (40) percent of
this parcel that is detaining drainage for the existing development. This facility will need
to remain and any new impervious areas currently not addressed should retain the 1 0 year
post development runoff on site and release at a 2 year pre development rate. (Proffered
Condition 2)
PUBLIC FACILITIES
Fire Service:
The Dale Fire Station, Company Number 11, currently provides fire protection and
emergency medical service. 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). 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 limited to one entrance/exit
(Proffered Condition 3). In order to limit the number of accesses to Hopkins 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 the 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 characterized by commercial uses concentrated at the Hopkins
Road/Chippenham Parkway Interchange. 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 redevelopment along Hopkins Road, south of
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07SN0166- FEB28- BOS
Meadowdale Boulevard, will be predominately for residential and office uses, providing
appropriate transition to established residential developments, as suggested by the Plan.
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 79S062). Proffered conditions limited uses on the B-1
portion to a savings and loan association and/or office buildings. The subject property was
included in this request.
Development Standards:
The property lies within an Emerging Growth District Area. Except for the number of
parking spaces (Textual Statement), development of the property must conform to Emerging
Growth District requirements which address access, parking, landscaping, architectural
treatment, setbacks, lighting, pedestrian access, signs, buffers, utilities and screening of
dumpsters and loading areas.
Uses:
Proffered Condition 1 limits uses to those permitted 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 minimum 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
parking.
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 within the mixed use corridor should be limited to office
and residential uses only with no supporting retail uses. In addition, the proposed zoning and
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07SN0166- FEB28- BOS
land uses are not representative of, nor compatible with, existing and anticipated area residential
and office development.
The requested parking exception will not ensure provision of an adequate number of parking
spaces for restaurant and fast food restaurant uses.
Given these considerations, denial of this request is recommended.
CASE HISTORY
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
owner 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 condition and acceptance of the proffered conditions on page 2.
AYES: Messrs. Wilson, Gecker, Bass and Litton.
ABSENT: Mr. Gulley.
The Board of Supervisors' Meeting (12/13/06):
On their own motion, the Board deferred this case to their February 28, 2007, public
hearing.
Staff (12/14/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 18, 2006, for consideration at the February
public hearing.
Staff (1/22/07):
To date, no new information has been submitted.
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07SN 0166- FEB28- BOS
The Board of Supervisors, on Wednesday, February 28,2007, beginning at 6:30 p.m., will take
under consideration this request.
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07SN0166- FEB28- BOS
G & E Enterprises
Case No. 07SN0166
TEXTUAL STATEMENT
The applicant requests the following exception to required zoning conditions:
Parkina. Parking requirements for any restaurant or fast food restaurant use shall be
calculated at 1 space per 300 square feet of gross floor area.
Date: October 16, 2006
yL
William H. Shewmake, Agent
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February 28, 2007 BS
ADDENDUM
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
Community 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 windows, 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 (0-1) District. Exceptions are requested to reduce parking
provisions for restaurant uses to one (1) space for each 300 square feet of gross floor
area.
On February 16, 2006, the applicant submitted a revised Textual Statement addressing parking
provisions. Specifically, parking would be provided at a ratio of one (1) parking space for each
200 square feet of restaurant or fast food restaurant uses, rather than one (1) space per 300 square
feet as originally proposed. Currently, the Ordinance requires the provision of one and one-half
(1.5) parking spaces for each 100 square feet of restaurant use and two (2) parking spaces for
each 100 square feet of fast food restaurant use, with a minimum provision of fifteen (15) spaces.
This amended provision would result in a parking space reduction ranging from sixty-seven (67)
to seventy-five (75) percent below that required by Ordinance. No information has been
submitted to support the reduced provision of off-street parking.
Staff continues to recommend denial of this request for reasons noted in the "Request Analysis"
and herein.
Should the Board wish to approve this case, the Condition, as recommended by the Planning
Commission, should be revised to reference the February 16, 2007 Textual Statement as follows:
Providing a FIRST CHOICE community through excellence in public service
CONDITION
The Textual Statement dated February 16, 2007, shall be considered the master plan. (P)
(NOTE: SHOULD THE BOARD WISH TO CONSIDER THIS REVISED TEXTUAL
STATEMENT, THEY MUST UNANIMOUSLY AGREE TO SUSPEND THEIR
PROCEDURES, AS SUCH REVISION WAS SUBMITTED AFTER THE CASE
APPEARED IN THE NEWSPAPER.)
2 07SN0166-FEB28-ADDENDUM-BOS
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G & E Enterprises
Case No. 07SN0166
AMENDED TEXTUAL STATEMENT
The applicant requests the following exception to required zoning conditions:
Parkino. Parking requirements for any restaurant or fast food restaurant use shall be
calculated at 1 space per 200 square feet of gross floor area.
Date: February 16, 2007
L/~/~ ___
WilHam H. Shewmake, Agent
February 28, 2007 BS
ADDENDUM II
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
Community 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 windows, 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 (0-1) District. Exceptions are requested to reduce parking
provisions for restaurant uses to one (1) space for each 300 square feet of gross floor
area.
On February 28, 2006, in response to concerns from the Dale District Supervisor, an additional
proffered condition was submitted to address architectural treatment.
Staff continues to recommend denial for the reasons noted in the "Request Analysis" and
Addendum 1.
Should the Board wish to approve this case, the conditions outlined in Addendum I should be
imposed and Proffered Conditions I through 3 in the "Request Analysis" plus Proffered
Condition 4, as noted herein, should be accepted.
PROFFERED CONDITION
4. Architectural Treatment. Development shall be limited to a maximum of one
building not to exceed 2000 gross square feet. The architectural treatment shall
have a residential character and the facades shall be constructed primarily of
brick. This shall not preclude the use of glass windows; however, the windows
Providing a FIRST CHOICE community through excellence in public service
shall blend with the residential architectural character. The exact treatment shall
be approved by the Planning Commission. (P)
(NOTE: SHOULD THE BOARD WISH TO CONSIDER THE ADDITIONAL
PROFFERED CONDITION, THE PROCEDURES MUST BE WAIVED SINCE THE
PROFFER WAS NOT SUBMITTED PRIOR TO ADVERTISEMENT OF THE CASE,.)
2 07SN0166-FEB28-ADDENDUMII-BOS