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08SN0167~~tF~EI,p ~~:, ~~ti --~ ca~~'';. .v ~ ~ e,~ !' ~ ~~ ~ti, I rY~ ry ! ~;li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08SN0167 EH2O LLC ~~nnQ rnr April 23, 2008 BS Matoaca Magisterial District Southeast Quadrant of North Woolridge Road and Watermill Parkway RE VEST: Amendment to Conditional Use Planned Development (Case 06SN0311) to permit outdoor dining in association with restaurant use. PROPOSED LAND USE: A commercial center is proposed. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reason: The proposed outdoor dining facilities are customarily accessory to restaurant uses and would have no greater impact upon the surrounding community than other uses permitted by current conditions of zoning. (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.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITION (STAFF/CPC) Development Standards: Development shall conform to the requirements of Case 06SN031 1, except as follows: Outdoor dining. Outdoor dining associated with restaurant use shall be . P permute . ( ) (Staff Note: Proffered Condition is in addition to those development standards required by Proffered Condition 2 of Case 06SN0311.) GENERAL INFORMATION T ,n~ati nn Southeast quadrant of Watermill Parkway and North Woolridge Road. Tax ID 719-687- 2538. Existin.~ Zoning: R-9 with Conditional Use Planned Development. Size: 3.5 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North and West - R-9 with Conditional Use Planned Development; Single family residential. South - R-9 with Conditional Use Planned Development; Commercial. East - R-9 with Conditional Use Planned Development; Single family residential or vacant. T TTTT TTTF C Public Water and Wastewater S,, std: Use of the public water and wastewater systems to serve this site is required as a condition of the original zoning. (Case 885008, Condition 13) 2 08SN0167-APR23-BOS-RPT ENVIRONMENTAL; FIRE AND TRANSPORTATION This request will have no impact on these facilities. T , ANn T T~F, Comprehensive Plan: Lies within the boundaries of 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. The Board of Supervisors referred amendments to the Upper Swift Creek Plan relative to land use, water quality, economic development and levels of service for roads, schools and public safety facilities to the Commission for consideration. The Commission considered these Board initiated amendments at their March 18, 2008 public hearing and recommended to the Board that no action be taken. The Board will consider these amendments at their April 23, 2008 public hearing. At their February 19, 2008 meeting, the Commission also initiated amendments to the Upper Swift Creek Plan relative to land use, water quality, economic development and levels of service for roads, schools and public safety facilities which will be considered by the Commission at their May 20, 2008 meeting. These amendments may affect this proposal. Area Development 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. Zonin Hg istory: On May 25, 1988, the Board of Supervisors approved rezoning on the request property and surrounding properties to Residential (R-9) and Office Business (0) with Conditional Use Planned Development to permit a mix of residential, office, commercial and recreational uses (Case 885008). The project, which contained approximately 1,313 acres, was commonly known as Greenspring. On September 27, 1995, the Board of Supervisors approved various amendments on a portion of the original Greenspring development, to include the creation of an additional commercial tract (Tract G) consisting of 6.1 acres (Case 95SN0307). Conditions of zoning required that development within Tract G conform to the requirements of the Convenience Business (C-1) District. 3 08SN0167-APR23-BOS-RPT 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, hours of operation and gross floor area for Tract G. (Case 03 SN0214) On January 24, 2007, the Board of Supervisors, upon a recommendation for denial by the Planning Commission, approved an amendment to Case 03 SN0214 relative to uses and gross floor area. (Case 06SN0311) Development Standards: With the exception of hours of operation and gross floor area of individual buildings, Case 06SN0311 requires that development on the subject property conform to the requirements of Emerging Growth Area for Convenience Business (C-1) District which address access, parking, landscaping, architectural treatment, pedestrian access, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas. Within the Convenience Business (C-1) District, all uses, including storage, must be conducted entirely within an enclosed building, except for accessory automobile parking, loading or unloading facilities. The applicant is requesting the ability to incorporate outdoor dining facilities in association with restaurant uses, necessitating relief to this development requirement. (Proffered Condition 2.b of Case 06SN0311.) CONCLUSION The proposed outdoor dining facilities are customarily accessory to restaurant uses and would have no greater impact upon the surrounding community than other uses permitted by current conditions of zoning. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (3/18/08): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended approval and acceptance of the proffered condition on page 2. AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller. The Board of Supervisors, on Wednesday, April 23, 2008, beginning at 6:30 p.m., will take under consideration this request. 4 08SN0167-APR23-BOS-RPT \` U ~~ ~ \ ~ ~ ~ ~ 1 y 1 ~ ~ v / U U N /D ~~ I r ~ ~ J ~ J / W ~ ~ k .- ~ ~ r 1 Q / ~ Q / y r o~y ~~ 2 0 ~ ~~ ~ ~ I a -~ U ~ ~ ~ / • ~ i 1 ~ ~ ~ ~ Q ~ ~ .- ~ ~ >; ' i I ~% y ~f `') i'`, _ .L 1 G~ I r ~ ~. i _~o ~~ ~~ ~ ~ ~ ~ ~ 6- :( >) ; ~e P ~L ~~ ~~ ....'. r ~1~~1 rT ., . . ~~ ~' E' ~~ ^ U N I • t I I ~~- ~ ~ 1 RI S T ~ ~ ~ ~ ~ \ ~ ~ ~~ ~ ~ ~ ~ J ~ ~ / ~ a~ o ~ ~~ ~ ~ ~/~ Q V ~ Z ~ W r O ZQ N • oo ,~ o o ~ 0 0