STAFF S REQUEST ANALYSIS AND RECOMMENDATION 15PR0236. Steve Brickell Lucky Dog Industries Site Plan Transfer to CPC

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1 SE NGER: Greg llen July 23, 2015 P P Time Remaining: 60 Days STFF S REQUEST NLYSIS ND REOENDTION 15PR0236 Steve Brickell Lucky Dog Industries Site Plan Transfer to P Dale agisterial District Route 10 and anasta Drive REQUEST: Planning ommission final review of Lucky Dog Industries, LL Parking Improvements site plan (ase 15PR0111). Specifically, the applicant (an adjacent property owner) requested transfer of the site plan from administrative review to Planning ommission review pursuant to ordinance and letter of concerns attached hereto. REOENDTION Staff recommends that the Planning ommission approve ase 15PR0111, Lucky Dog Industries, LL Parking Improvements for the following reasons: RESONS: 1. The ministerial responsibilities for administrative and Planning ommission review and approval are the same, with both ensuring that the site plan addresses conditions of zoning and State and local code requirements established in Division 2 Site Plans in the zoning ordinance. If the site plan satisfies all zoning and ordinance requirements, the Planning ommission must approve the site plan. 2. The site plan addresses the requirements of the zoning case conditions and State and local codes. The Planning ommission shall either approve, with or without conditions, or disapprove the site plan with specific reasons for disapproval in writing to Lucky Dog Industries, LL, the applicant for the site plan. Providing a FIRST HOIE community through excellence in public service

2 GENERL INFORTION ssociated Public Hearing ases: Developer: 06SN0330 JH, LL and ynthia W. and Steve W. Brickell 07PR0361 JR, LL Lucky Dog Industries, LL Design onsultant: Location: Townes Site Engineering The request property is located 6532, 6550, and 6570 Iron Bridge Road. Tax ID s , 8039, and Existing Zoning and Land Use: General Business (-5) District; acant and ommercial Size: 5.31 acres djacent Zoning and Land Use: North -5; ommercial South ; Single-family residential East -5; ommercial West R-7; Single-family residential BKGROUND This site was formerly owned by JH artin, LL who operated a contractor s office, shop and storage yard (grading and site work contractor). t the height of the building boom in 2006, JH artin sought to expand his operations on site. His plans included using an adjacent property owned by ynthia and Steve Brickell that expanded his road frontage on anasta Drive. JH, LL and ynthia W. and Steve W. Brickell jointly filed to rezone each of their properties facing anasta Drive to -5, General Business. Their zoning request, ase 06SN0330, was approved by the Board of Supervisors on January 24, The primary purpose for rezoning the two properties at the corner of anasta Drive and Iron Bridge Road was to provide access to the JH artin site from anasta Drive that aligns with a crossover on Iron Bridge Road. urrently, trucks have to make a u-turn on Iron Bridge Road and continue to a right-in/right-out access drive into the site. The inclusion of the Brickell 2 15PS JULY21-P4pm-RPT

3 property offered three additional benefits to the zoning request: (1) it increased the separation of the proposed access drive from the intersection of anasta Drive and Iron Bridge Road; (2) it provided room for a landscaped buffer between the access drive and the properties immediately west of the site zoned R-7 with existing single family residences; and (3) it provided for a new office building at the corner for JH artin. Prior to purchasing the Brickell s property, JH artin, LL, filed a site plan for the development of the access drive and a new office on the two corner properties zoned -5. The applicant requested Planning ommission review and approval in order to establish a reduced, variable width buffer that included a solid fence and landscaping at 1.5 times perimeter landscape of the zoning ordinance. The Planning ommission approved this request, ase 07PR0361, on ugust 21, See Exhibit that shows the approved site layout and landscaping. The proposed access driveway is shown going through the house currently owned by the Brickells. During the economic downturn, JH artin went out of business before purchasing the Brickell s property. The new owner, Lucky Dog Industries, LL, filed a site plan request, ase 15PR0111, on July 31, 2014 for the access driveway on to anasta Drive without using the Brickell s property. Because the Brickell property is now zoned -5, there is no buffer requirement next to them for the Lucky Dog Industries access drive. The site plan for Lucky Dog Industries, LL provides for a ten (10) foot side yard setback next to the Brickell property, and the landscape plan shows a six (6) foot high solid board fence and a row of Leyland ypress within this setback. The site plan team gave administrative approval of ase 15PR0111 on June 10, On June 25, 2015, Steve Brickell filed an appeal of the site plan approval that transfers the final determination of the site plan to the Planning ommission. r. Brickell s letter of appeal includes six (6) concerns and is attached as Exhibit. Only concerns 1-3 address site plan issues listed in the zoning ordinance, and are listed below with a response from staff: 1. ccess in and out of the business: This will put a road way/access 7 feet from my house for tractor trailers to use. Response: The Brickell s house is about 7-8 feet off of the property line shared with Lucky Dog Industries. The access driveway is setback ten (10) feet off the property line which is seventeen (17) feet to the house. Staff does not suggest that a ten (10) foot setback is appropriate, but that is the maximum setback that can be required under the ordinance. 2. Buffer and screening: There is no buffer or screening between my house and this project access point and no buffer on future plans for noise. Response: The ten (10) foot setback includes a six (6) foot high solid board fence and a row of Leyland ypress spaced ten (10) feet on center. Staff notes that the landscape plan has a topographical error showing the Leyland ypress to be installed at a height of eighteen (18) feet. The height should be ten (10) feet which is a large size that is still suitable for successful transplanting. The Planning ommission should acknowledge that this correction is included with approval of the site plan. 3 15PS JULY21-P4pm-RPT

4 3. Traffic on anasta Drive is very heavy in the morning and afternoon. Tractor trailers are about 75 feet long from front to back, and will not be able to turn on or off anasta Drive without blocking the whole road. Response: The irginia Department of Transportation (DOT) has reviewed turning movement templates for the expected tractor trailer movements in and out of the access driveway, and has found that the turning movements meet DOT requirements. Per Proffered ondition 2 of ase 06SN0330, signage will be provided to discourage exiting traffic from the ansasto Drive from making right turns on to anasta Drive. oncerns 4 through 6 in r. Brickell s appeal letter are not issues addressed by zoning conditions or the zoning ordinance, and cannot be addressed through site plan review. Plans review personnel do not negate the impact of the close proximity of the trucks to the Brickell s property. Given that the Brickell s property is zoned -5 General ommercial, the zoning ordinance requires a minimal separation distance of ten (10) feet. Lucky Dog Industries agreed to provide the six (6) foot solid board fence and a row of Leyland ypress in lieu of perimeter landscaping as specified in the zoning ordinance. The fence and evergreen materials are a better separation than a variety of deciduous and evergreen trees listed in perimeter landscaping. ONLUSION Staff recommends approval of the site plan, ase 15PR0111, for Lucky Dog Industries, LL, to include correcting the size of the proposed evergreen trees to ten (10) feet in the setback next to the r. Brickell s property. 4 15PS JULY21-P4pm-RPT

5 EXHIBIT 15PR0236-1

6 EXHIBIT B1 15PR0236-2

7 EXHIBIT B2 15PR0236-3

8 EXHIBIT 15PR0236-4

9 R-9 Legend EDOWBROOK FR B OG ZONING D IL L R R-7 gricultural ommercial R-7 Office O Residential PTHILL GRDENS Industrial RP Z O RD Streams -2 L OT T IR E T RD IL L RD NH HI LL Z IO OLD T 15PR0236 R-7 LUKY DOG INDUSTRIES PPEL / T D Feet R Z PTHILL GRDENS N U EL S S N O IR I R B -3 E G D RD Z DR R S Z H ED N KINGS FOREST OT UT -5 WI L HO H NE R-9 T Z -3 N ST R-12 DR O IR N BR ID GE RD erial photos taken in 2009