COUNTY OF PRINCE WILLIAM BOARD OF COUNTY …

[Pages:31]COUNTY OF PRINCE WILLIAM

OFFICE OF EXECUTIVE MANAGEMENT

1 County Complex Court, Prince William, Virginia 22192-9201 (703) 792-6600 Metro 631-1703 FAX: (703) 792-7484

Craig S. Gerhart County Executive

TO: FROM:

THRU:

RE:

March 21, 2005

Board of County Supervisors

Stephen K. Griffin, AICP Director of Planning

Craig S. Gerhart County Executive

SUP #PLN2005-00127, Starbucks at Fortuna Dumfries Magisterial District

BOARD OF COUNTY SUPERVISORS Sean T. Connaughton, Chairman Maureen S. Caddigan, Vice Chairman Hilda M. Barg W. S. "Wally" Covington, III John D. Jenkins Martin E. Nohe Cory A. Stewart John T. Stirrup

I. Background is as follows:

A. Request - This is a request for a special use permit to allow a Starbucks restaurant with a drive-through window and modification of Section 32-250-202(4) of the Zoning Ordinance to permit an increase in outdoor light fixture height to 35 feet to match the remainder of the outdoor lighting fixtures at the Fortuna Retail Center.

B. Location - The special use permit site ("the site") is located on the east side of Dumfries Road, approximately 200 feet south of its intersection with Stockbridge Drive (see maps in Attachment A). The special use permit site is identified on County maps as GPIN 8190-52-9272.

C. Comprehensive Plan - The site is designated SRM, Suburban Residential Medium.

D. Zoning/Acreage - The 1.81 acre SUP site is zoned B-1, General Business, and encompasses the entire northwestern parcel of the Fortuna Retail Center, except the interior building tenant spaces comprised of the remaining 5,000 square foot building area outside of Starbucks. The subject property was rezoned as part of Rezoning REZ #71-34, and there are no associated proffers. The SUP site is currently being developed as a portion of the Fortuna Retail Center. This site is also in the Dumfries Road Highway Corridor Overlay District (HCOD) that was established after February 20, 1996.

SUP #PLN2005-00127, Starbucks at Fortuna March 21, 2005 Page 2

E. Surrounding Land Uses - The subject site is surrounded by B-1 zoned properties to the east and south, R-16 zoned properties to the north and FED zoned property to the west across Dumfries Road. The property abuts the Fortuna Retail Center site to the east and south, single-family attached dwellings to the north, and the Prince William Forest Park to the west.

II. Current Situation is as follows:

A. Planning Commission Recommendation - The Planning Commission recommends approval of Special Use Permit #PLN2005-00127, Starbucks at Fortuna, subject to the conditions dated February 28, 2005. However, the conditions have been revised further to update the monetary contribution escalator in accordance with new state legislation. Planning staff concurs. See Attachment B for the staff analysis and Attachment C for the proposed conditions dated March 9, 2005.

B. Board of County Supervisors' Public Hearing - A public hearing has been advertised for April 5, 2005 before the Board of County Supervisors.

III. Issues in order of importance are as follows:

A. Comprehensive Plan

1. Long-Range Land Use - Is the proposed use consistent with those uses intended by the Suburban Residential Medium (SRM) designation?

2. Level of Service (LOS) - How does the proposal address the Policy Guide for Monetary Contributions in place since June 1, 2004?

B. Community Input - Have members of the community raised any issues?

C. Legal Uses of the Property - What uses are allowed on the property? How are legal issues resulting from Board of County Supervisors' action addressed?

D. Timing - When must the Board take action on this application?

IV. Alternatives beginning with the staff recommendation are as follows:

A. Approve SUP #PLN2005-00127, Starbucks at Fortuna, subject to the conditions dated March 9, 2005, found in Attachment C.

1. Comprehensive Plan Consistency Analysis:

a) Long-Range Land Use - The proposed drive-through restaurant is inconsistent with the Suburban Residential Medium classification of the site, which recommends residential development at a density of 4-6 dwelling units per acre (du/ac). The property is zoned B-1, General Business, and the use is only allowed subject to the conditions of an approved SUP.

SUP #PLN2005-00127, Starbucks at Fortuna March 21, 2005 Page 3

b) Level of Service (LOS) - The proposed use will generate additional water quality monitoring and fire and rescue service demand. The conditions of the special use permit will partially mitigate these impacts as follows:

Fire and Rescue $0.56/sq. ft.

Water Quality Monitoring

Total

$75/acre

Approximate area of building -

1,500 sq. ft.

1.81 acres

Contribution amount $840.00 $135.75

$975.75

2. Community Input - Notice of the application has been transmitted to adjacent property owners within 200 feet. As of the date of this report, the Planning Office has not received any input from the community, nor was any expressed at the Planning Commission public hearing.

3. Legal Uses of the Property - In addition to the property's by-right uses under the B-1 zoning classification, such as a restaurant, the property could be used for a restaurant with a drive-through window. Legal issues resulting from Board of County Supervisors' action are appropriately addressed by the County Attorney's office.

4. Timing ? There is no legal timeframe for Board action on a special use permit application; however, it is the Office of Planning's recommendation that final action be taken within one year of receipt of the application. The one-year limit is September 28, 2005. Final action by this date is consistent with the Office of Planning's recommendation.

B. Deny Special Use Permit #PLN2005-00127, Starbucks at Fortuna.

1. Comprehensive Plan

a) Long-Range Land Use - The land use classification of the site would remain SRM, Suburban Residential Medium, and the zoning classification would remain B-1, General Business.

b) Level of Service - Denial would not have any impact on the existing level of service.

2. Community Input - The application has been transmitted to adjacent property owners within 200 feet. As of the date of this report, the Planning Office has not received any input from the community, nor was any expressed at the Planning Commission public hearing.

SUP #PLN2005-00127, Starbucks at Fortuna March 21, 2005 Page 4

3. Legal Uses of the Property - The site could be developed with uses permitted in the B-1 zoning district. Legal issues resulting from Board of County Supervisors' action are appropriately addressed by the County Attorney's Office.

4. Timing - There is no legal timeframe for Board action on a special use permit application; however, it is the Office of Planning's recommendation that final action be taken within one year of receipt of the application. The one-year limit is September 28, 2005. Final action by this date is consistent with the Office of Planning's recommendation.

V. Recommendation is that the Board of County Supervisors accept Alternative A and adopt the attached Ordinance.

Staff: Fran Burnszynski, X6962

Attachments A. Area Maps B. Staff Analysis C. Proposed Conditions D. Planning Commission Resolution

MOTION: SECOND:

April 5, 2005 Regular Meeting Ord. No. 05-

RE:

SPECIAL USE PERMIT #PLN2005-00127, STARBUCKS AT FORTUNA -

WOODBRIDGE MAGISTERIAL DISTRICT

ACTION:

WHEREAS, this is a request for a special use permit to allow a restaurant with a drive-through window, located on the east side of Dumfries Road, approximately 200 feet south of its intersection with Stockbridge Drive. The site is identified on County maps as GPIN 8190-52-9272. The site is designated Suburban Residential Medium (SRM) in the Comprehensive Plan; and

WHEREAS, staff has reviewed the subject application and recommends approval, as stated in the staff report; and

WHEREAS, the Planning Commission held a public hearing on this item on March 2, 2005, and recommends approval, as stated in Res. No. 05-030; and

WHEREAS, a Board of County Supervisors' public hearing, duly advertised in a local newspaper for a period of two weeks, was held on April 5, 2005, and interested citizens were heard; and

WHEREAS, general welfare and good zoning practice are served by the approval of the application;

NOW, THEREFORE, BE IT ORDAINED that the Prince William Board of County Supervisors does hereby approve Special Use Permit #PLN2005-00127, Starbucks at Fortuna, subject to the conditions dated March 9, 2005;

BE IT FURTHER ORDAINED that the Board of County Supervisors' approval and adoption of any conditions does not relieve the applicant and/or subsequent owners from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.

Votes: Ayes: Nays: Absent from Vote: Absent from Meeting: For information:

Planning Director Peter M. Dolan, Esquire Walsh, Colucci, Lubeley, Emrich & Terpak 4310 Prince William Parkway, Suite 300 Prince William, Virginia 22192

CERTIFIED COPY________________________________________________

Clerk to the Board

Attachment A ? Maps VICINITY MAP

SUP #PLN2005-00127, Starbucks at Fortuna Page A-1

Attachment A ? Maps EXISTING LAND USE AND ZONING MAP

SUP #PLN2005-00127, Starbucks at Fortuna Page A-2

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