01SN0254-Sept26q.pdfAugust 21,299! CPC
September 26, 2001 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
01 SN0254
The Restaurant Company
Clover Hill Magisterial District
East line of Bayside Lane
REQUEST: Amendment to Conditional Use (Case 91SN0286)to permit restaurants, to include
fast food and carry out.
PROPOSED LAND USE:
Fast food restaurants are planned on the subject 0.7 acre as part of a 3.4 acre
development contained.within two (2) parcels. In addition, other uses as permitted
by Case 91 SN0286 would still be allowed, as well as restaurants, to include fast food
and carry out.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 AND 3.
AYES: Messrs. Marsh, Litton, Cunningham and Gulley
ABSTENTION: Mr. Gecker
Providing a FIRST CHOICE Community Through EXcellence in Public Service
STAFF RECOMMENDATION
The conditions were negotiated between the applicant of Case 91SN0286 and area property owners.
After consideration of public input, should the Commission and Board wish to approve this
amendment, imposition of the condition would be appropriate.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAF~:/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLEY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITION
(STAFF/CPC)
In addition to the uses permitted by Case 91SN0286, restaurants, to include
fast food and carry out, shall be permitted.
PROFFERED CONDITIONS
(CPC) 1.
Prior to any site plan approval, a contribution of$10,000.00 shall be provided
to the County of Chesterfield towards the installation ora traffic signal at the
intersection of Bayside Lane and Hull Street Road (Route 360). Upon a
written request by the payer, if the signal is not warranted at this intersection,
as determined by the Transportation Department, within 3 years frOm the date
of issuance of an occupancy permit for the improvements shown on this site
plan, the cash contribution shall be returned in full to the payer. (T)
(CPC) 2.
Any freestanding site lighting fixtures shall have a maximum height of
twenty-five feet. Plans depicting this requirement shall be submitted to the
Planning Department for review and approval prior to or in conjunction with
lighting and landscaping plan review. (P)
(cpc) 3.
Leyland Cypress trees, having an initial minimum height of(8) eight feet, or
a staff approved alternate judged to achieve the same effect, shall be planted
adjacent, to the north line of the property at ten feet on center. A landscaping
plan depicting this requirement shall be submitted to the Plmaning
Department for review and approval prior to or in conjunction with ~the
lighting and landscaping plan review. (P)
(CPC) 4.
Baffles shall .be installed on any site lighting located within fifty (50) feet of
the northern property line, so as to shield the light, source from view by
residents located on residential zoned property north of Harbour Pointe
2 01SNO254/WP/SEPT26Q
Parkway. At time of lighting and landscaping plan review and approval, the
exact treatment of the baffles shall be approved. (P)
(CPC) 5.
Prior to any site or architectural plan approval, the Planning Department shall
be provided with documentation of the Brandermill Community
Association's Architectural Review Board's approval of such plans. (P)
(CPC) 6.
All signs shall conform to the sign package dated February 10, 1993, revised
October 20, 1993, and approved by the Planning Department on February 10,
1993 and October 21, 1993 respectively. (P)
GENERAL INFORMATION
Location:
East line of Bayside Lane, north of Hull Street Road. Tax IDs 728-674-Part of 8705 and
729-674-Part of 0215 (Sheet 15).
Existing Zoning:
C-3 with Conditional Use
Size:
0.7 acre
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, East, South and West - C-3 with Conditional Use; Commercial or vacant
UTILITIES
Public Water:
There is an existing twenty-four (24) inch water line along the north side of Hull Street Road,
adjacent to the request site. In addition, there is an existing twelve (12) inch water line
along Bayside Court, adjacent to the request site. Use of the public water system is.required
by County Code.
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Public Wastewater System:
There is an existing eight (8) inch wastewater collector serving the Harbour Hill development
at Harbour Pointe Parkway, approximately 300 feet north of the request site. Use of the
public wastewater system is intended and required as a previous condition of zoning. (Case
91SN0286, Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the northeast via small creeks to Swift Creek Reservoir. There are no
known on- or off-site drainage or erosion problems.
Water Quality:
The property is located in the Upper Swift Creek BMP Master Plan area for watershed
protection and, as such, will be required to participate in the Regional BMP Master Plan.
PUBLIC FACILITIES
Fire Service:
Fire protection and emergency medical service is provided to this property by the Clover Hill
Fire/Rescue Station, Company Number 7. This request will have minimal impact onfire and
emergency medical services.
When the property is' developed, the number of hydrants and quantity of water needed for
fire protection will be evaluated dUring the plans review process.
Transportation:
In 1991, the Board of Supervisors approved the rezoning (Case 91SN0286) of approximately
forty-seven (47) acres for development of a mixed use project, including shopping center,
multi-family and townhouse residential uses, located on the north side of Hull Street (Route
360) just west ofHarbour Pointe Parkway. The subject property (0.7 acre) was included in
that zoning case.
In conjunction with that zoning approval, the Board accepted several transportation-related
proffers, including ~onditions that established a maximum density of development, right of
way dedication, access control and construction of mitigating road improvements; The
applicant's requested amendments to the Master Plan will not affect any of the existing
transportation conditions. At time of site plan review, staff will evaluate the specifid land
4 01SN0254/WP/SEPT26Q
use and densities and make the necessary adjustments to the approved maximum density for
this mixed use project.
At the request of area property owners, the applicant has agreed to contribute toward the cost
of the installation of a traffic signal at the Bayside Lane/RoUte 360 intersection (Proffered
Condition 1). The apPlicant has indicated that if the traffic signal is warranted, additional
funds in excess of that proffered may be provided.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swirl Creek Plan which suggests the property is
appropriate for a mix of multi-family residential, corporate office and neighborhood
commercial uses.
Area Development Trends:
The request property is an outparcel of the Harbour Pointe Shopping Center. SurrOunding
properties are zoned Community Business (C-3) and are occupied by commercial uses or
remain vacant.
Zoning History:
On December 11, 1991, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning with Conditional Use on the request site and
adjacent property to the north, south, east and west (Case 91 SN0286). With the approval, of
this case, restaurants were not permitted on the request property, consisting of 0.7 acre (Part
of Tract B, Approved Master Plan). Such uses were permitted on the remaining portion of
the subject parent parcels, consisting of approximately 2.9 acres. (Part of Tract D,.Approved
Master Plan)
On July 23, 1997, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 91SN0286 to permit a drag
store/pharmacy with drive-in window on a 3.6 acre tract that included the subject property.
(Case 97SN0223)
Site Design:
The request property lies within an Emerging Growth Area. Except as regulated by
conditions of Case 91 SN0286, development must conform to the requirements ofthe Zoning
Ordinance .which address access, parking, landscaping, architectural treatment, setbacks,
signs, buffers, utilities, and screening of dumpsters and loading areas.
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Site Lighting:
In addition to Ordinance standards, proffers have been submitted to addressneighborhood
concerns relative to site lighting. (Proffered Conditions 2 and 4)
Signs:
At the request of area property owners, additional sign restrictions have been proffered.
(Proffered Condition 6)
Architectural Treatment:
Currently, architectural treatment of buildings, including materials, color and style, must be
compatible with buildings located within the same project. Compatibility may be achieved
through the use of similar building massing, materials, scale, colors and other architectural
features. In addition, conditions of Case 91 SN0286 require that development have an overall
contemporary/transitional architectural style similar to ~hat used in the existing bank located
at the northeast quadrant of the intersection of Harbour Pointe Parkway and Route 360.
Based upon current Ordinance standards, within Emerging Growth Areas, no building
exterior which would be visible to any A, R or O District or any public' right of way may
consist of architectural materials inferior in quality, appearance or detail to any other exterior
of the same building. There is, however, nothing to preclude the use of different materials on
different building exteriors, but rather, the use of inferi°r materials on sides which face
adjoining property. No portion of a building constructed of unadorned concrete block or
corrugated and/or sheet metal may be visible from any adjoining A, R or O District or any
public right of way. No building exterior may be constructed of unpainted concrete block or
corrugated and/or sheet metal.
Currently, all junction and accessory boxes must be minimized from view of adjacent
property and public rights of waY by landscaping or architectural treatment integrated with
the building served. Mechanical equipment, whether ground-level or rooftop, must be
screened from view of adjacent property and public rights of way and designed to be
perceived asan integral part ofthe building.
Plan Approvals:
Proffered Condition 5 requires that the Brandermill Community Association's Archl'tecmral
Review Board approve architectural and site plans prior to any approval by the County. This
proffer was submitted, in response to neighborhood concerns.
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Buffers and Screening:
Currently, the Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,
garbage cans, trash compactors, etc.) be screened from view of public rights of way by a
solid wall, fence, dense evergreen plantings or architectural feature and that such area within
1,000 feet of any A or R Districts not be serviced between the hours of 9:00 p. m. and 6:00 a.
m. In addition, sites must be designed and buildings oriented so that loading areas are
screened from any property where loading areas are prohibited and from public rights of
way.
Proffered Condition 3 requires additional landscaping along the northern property line. This
proffer was submitted in response to neighborhood concerns.
CONCLUSIONS
The conditions of the 1991 zoning case were negotiated with area property.owners. After
consideration of public input, 'should the Commission and Board wish to approve this
amendment, the imposition of the Condition noted on page 2 of this report would be
appropriate.
CASE HISTORY
Applicant (8/14/01 and 8/20/01):
The proffered conditions stated herein were submitted.
Planning Commission. Meeting (8/21/01):
Staff indicated that the proffers had not been submitted in accordance with the Commission's
"Suggested Practices and Procedures" and therefore, there had not been time to evaluate the
proffers.
Mr. Gecker expressed concerns that staff had not had an oppommity to review the proffers.
Mr. Gulley indicated that the proffers were similar to those accepted on a previous case for
the request property.
The applicant accepted the Commission's recommendation. There.was no opposition
present.
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On motion of Mr. Gulley, seconded by Mr. Litton, the Commission recommended approval
of this request subject to the condition and acceptance of the Proffered Conditions on pages 2
and 3.
AYES: Messrs. Marsh, Litton, Cunningham and Gulley
ABSTENTION: Mr. Gecker
The Board of Supervisors, on Wednesday, September 26, 2001, beginning at 7:00 p.m., will take
under consideration of this request.
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