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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0182
Dogwood Partnership LLC
Matoaca Magisterial District
North line of Hull Street Road
REQUEST: Amendment to rezoning (Case 99SN0227) to permit Community Business (C-3)
uses and to delete the conceptual plan.
PROPOSED LAND USE:
Commercial uses are proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed commercial land uses do not conform to the Upper Swift Creek Plan
which suggests the property is appropriate for office and residential uses of varying
densities.
B. The proposed amendment could set a precedent for other parcels affected by these
same use limitations to seek similar exceptions contrary to the recommendations of
the Plan.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE
Providing a FIRST CHOICE community through excellence in public service
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
(CPC) 1. Uses shall be limited to those uses permitted by right or with restrictions
in the Community Business (C-3) District, excluding the following uses:
(a) automobile service stations;
(b) automobile self-service stations; and
(c) fast-food restaurants. (P)
(CPC) 2. The ultimate design of development on the property shall not be subject to
the Conceptual Plan identified in Proffered Condition 5 of Case 99SN0227.
(P)
(CPC) 3. The estimated wastewater flows for the entire 3.9 acre parcel shall be noted
on the first site plan submitted. Should the projected flows exceed 10,350
gpd, a wastewater capacity study shall be submitted to the Utilities
Department for approval prior to approval of that site plan. Should that study
show that an existing downstream capacity restriction would be exceeded,
the site plan shall be revised to incorporated an off site wastewater diversion
ine. (U)
(STAFF NOTE: Proffered Conditions 1 and 2 supersede the Textual Statement
(Proffered Condition 1) and Proffered Condition 5 for the subject property only.
All other conditions of Case 99SN0227 shall remain in effect.)
GENERAL INFORMATION
T ,n~ati nn
North line of Hull Street Road, east of Cosby Road. Tax ID 717-671-5331.
Existing Zoning:
C-3
Size:
3.9 acres
Existing Land Use:
Vacant
2 08SN0182 JUN25-BOS-RPT
Adjacent Zoning and Land Use:
North - R-TH with Conditional Use Planned Development; Residential single family or
vacant
South - R-TH with Conditional Use Planned Development and A; Single family residential
or vacant
East - C-3 with Conditional Use Planned Development; Office
West - A; Single family residential
T TTTT TTTF C
Public Water System:
There is an existing twenty-four (24) inch water line extending along the north side of
Hull Street Road within an easement across this site. The public water system is available
and required by conditions of zoning.
Public Wastewater S,, sue:
There is an existing eight (8) inch wastewater collector line extending along a portion of
Dogwood Villas Drive that terminates approximately 100 feet east of the request site.
Due to topography, wastewater service from the line in Dogwood Villas Drive would be
limited to the eastern most portion of the request site. The majority of this site requires
service from the existing eight (8) inch wastewater line in Cornus Avenue that terminates
approximately 750 feet northeast of this site. This line is proposed for installation with
the development of The Villas at Dogwood, Section B. Use of the public wastewater
system is required by conditions of zoning.
Staff has identified a downstream line restriction within the Woodlake Village apartments
which limits available capacity to approximately 10,350 GPD. To support the maximum
development allowed by zoning, an off site diversion sewer line will have to be
constructed. The applicant has proffered to perform an updated wastewater capacity study
should the projected flows generated by this request exceed 10,350 GPD. This study will
be submitted to the Utilities Department for approval prior to approval of the site plan.
Should the study show that the existing capacity restriction would be exceeded, the site
plan shall be revised to incorporate an off site wastewater diversion line. (Proffered
Condition 3)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to Blackmon Creek and then via Blackmon Creek to Swift
Creek Reservoir. There are no known on- or off site drainage or erosion problems and
none are anticipated after development.
3 08SN0182 JUN25-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station 7 and Manchester Volunteer Rescue Squad currently provide
fire protection and emergency medical service. This request will have minimal impact on
fire and EMS.
Transportation:
The property is 3.9 acres located on the north side of Hull Street Road (Route 360) at the
Cosby Road intersection. The applicant is requesting an amendment to case 99SN0227
that would permit additional Community Business (C-3) uses on the property. Case
99SN0227 currently permits C-3 uses such as banks, day care centers and offices on the
property. This request will have a similar traffic impact as the previously approved
zoning.
As part of the approval of case 99SN0227, the Board of Supervisors accepted proffered
conditions relative to right of way dedication, access control and road improvements.
The proffered road improvements included an additional lane of pavement along Route
360 for the entire property frontage, a separate right turn lane at the approved access on
Route 360, and turn lanes at the planned access on Cosby Road.
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Analysis
requirements, have recently been enacted. Staff has been meeting with VDOT to attempt
to understand the process and the impact of the regulations. At this time, it is uncertain
what impact VDOT's regulations will have on the development process or upon zonings
approved by the county. The applicant has indicated that this request does not warrant a
Chapter 527 Traffic Impact Analysis.
Virginia Department of Transportation
To date, no comments have been received from the Virginia Department of
Transportation regarding this request.
T , ANTS T IMF,
Comprehensive Plan:
Lies within the boundaries of Upper Swift Creek Plan, which suggests the property is
appropriate for office and residential uses of varying densities. The Plan suggests that
commercial services should be provided at major intersections with transitional uses,
such as office and higher density residential between those commercial nodes.
Various proposed amendments to the Plan are pending. These amendments may affect
this proposal.
4 08SN0182 JUN25-BOS-RPT
Area Development Trends:
Property to the north is zoned Residential Townhouse (R-TH) and is under development as
The Villas at Dogwood Subdivision. Properties to the west and south are zoned Agricultural
and R-TH and are currently occupied by single family residences or is vacant. Community
Business (C-3) property to the east is occupied by office use. This property was zoned in
conjunction with the subject property under the same use limitations. It is anticipated that
future development/redevelopment around this intersection of Hull Street and Cosby Roads
would be in the form of office or residential uses, providing transition between the
commercial nodes located at Woodlake Village Parkway and Otterdale Road consistent with
the recommendations ofthe Plan.
Zonin H.~rX:
On September 21,1999, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning of a 36.9 acre tract located at the northeast
quadrant of Route 360 and Cosby Road to Community Business (C-3) with Conditional Use
to permit residential uses. A mixed use development containing office uses along Route
360, anursing/convalescent care facility to the southeast and multifamily and single family
uses to the central, western and northern boundaries of the project was proposed. (Case
99SN0227)
On May 28, 2003, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning of a 30.4 acre portion of the aforementioned
mixed use development to Residential Townhouse (R-TH). This property is currently under
development as the Villas at Dogwood Subdivision. (Case 03 SN0205)
Development Standards:
The request property currently lies within an Emerging Growth Area. The purpose of the
Emerging Growth District Standards is to promote high quality, well-designed projects.
Development of the site must conform to the development standards of Case 99SN0227
and the Zoning Ordinance, which in combination address access, parking, landscaping,
architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and
oa ing areas.
Uses:
The property is located within Parcel A as identified on the Master Plan approved as part of
Case 99SN0227 (reference Attachment 1). Uses in Parcel A are limited to banks and
savings and loans with or without drive-in windows; nursery schools and child or adult care
centers and kindergartens; offices; churches and/or Sunday schools; funeral homes and
mortuaries; and rest, convalescent or nursing homes. The applicant is requesting that these
uses be expanded to include all uses permitted by right or with restrictions in the
Community Business (C-3) District exclusive of uses as identified in Proffered Condition 1.
5 08SN0182 JUN25-BOS-RPT
It should be noted that these use limitations also apply to two (2) adjoining properties to east
which are also included within the boundaries of Parcel A.
As previously noted, areas of the Master Plan noted as Parcels B and C, as well as a portion
of Parcel A, were subsequently rezoned for residential townhouse development.
Conceptual Plan:
The current conditions of zoning require that the ultimate design of the development
conform to the Conceptual Plan relative to the relationship between uses within the
development and to adjacent properties and public rights of way (reference Attachment 2).
This Plan depicts a proposed office building with an internal focus towards the project
access and providing a visual barrier between the parking area and Route 360. The
applicant is requesting that development on the property not be subject to this Conceptual
Plan, thereby permitting flexibility in the location and orientation of building(s) and parking
areas. (Proffered Condition 2)
CONCLUSION
The proposed commercial uses do not conform to the Upper Swift Creek Plan which
suggests the property is appropriate for office and residential uses of varying densities.
The Plan suggests that commercial services should be provided at major intersections
with transitional uses, such as office and higher density residential between those
commercial nodes. This clustering of commercial uses improves project access and
deters the typical strip commercial development experienced in some of the County's
older development corridors. This proposed amendment could set a precedent for other
parcels affected by these same use limitations to seek exception contrary to the
recommendations of the Plan.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/19/08):
On their own motion, the Commission deferred this case to their March 18, 2008 public
meeting.
6 08SN0182 JUN25-BOS-RPT
Staff (2/21/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later that February 25, 2008 for consideration at the
Commission's March public hearing.
Staff (2/24/08):
To date, no new information has been submitted.
Planning Commission Meeting (3/18/08):
Mr. Bass requested that the case be deferred to May 20, 2008.
The applicant did not accept the recommendation for deferral.
Mr. Bass indicated that the Plan amendments are under consideration and could impact
this case
On their own motion, the Commission deferred this case to their May 20, 2008 Meeting.
Staff (3/21/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 26, 2008 for consideration at the Commission's
May public hearing.
Staff (4/8/08):
To date, no new information has been submitted.
Applicant (5/19/08):
An amended proffered condition was submitted.
Planning Commission Meeting (5/20/08):
The applicant accepted the Commission's recommendation. There was no opposition
present.
7 08SN0182 JUN25-BOS-RPT
Mr. Bass indicated that with the proffered limitations on specific commercial uses, the
proposal would appropriately serve area residents without negatively affecting the
corn or.
On a motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
The Board of Supervisors, on Wednesday, June 25, 2008, beginning at 6:30 p.m., will take under
consideration this request.
8 08SN0182 JUN25-BOS-RPT
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