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98SN0239-OCT28I.pdfJ,Ay 2!, !998 CPC October 28, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0239 Chen Development, L.L.C. Dale Magisterial District Intersection of Iron Bridge and Omo Roads REQUEST: Rezoning from Residential (R-7) to Corporate Office (0-2) of 6.37 acres and to Neighborhood Business (C-2) of 3.31 acres. PROPOSED LAND USE: Commercial and office uses, as restricted by Proffered Condition 4, are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend denial for the follow'rog reasons: The requested commercial zoning and land uses do not conform to the Central Ama Plan which suggests the area is appropriate for nixed use corridor uses. The Plan suggests residential development of various densities, as well as professional, business, industrial and administrative offices with integrated supporting uses would be appropriate at this location. There are areas in the immediate vicinity of the Route 10/Irongate Drive intersection that have been designated on the Central Ama Plan as appropriate for commercial use and where retail space is available. The Central Area Plan strives to create commercial nodes at major intersections with transitional uses, such as offices, located between the nodes along Route 10. One of the goals of the Plan is to discourage typical strip development which has occurred on other corridors in the County. (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 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 This application contains three exhibits described as follows: Exhibit A" Elevation of Eckerd Drug Store. Exhibit B" Plan showing the C-2 request property and entitled "Preliminary Site Plan, Lease Attachment, Eckerd Iron Bridge Road," prepared by Bengston, DeBell & Elkin, Ltd., dated February 11, 1998 and last revised August 6, 1998. Exhibit C" Plat showing a portion of lot 65 and entitled "Compiled Plat for Zoning Plan, Chen Development Site," prepared by Bengston, DeBell & Elkin, Ltd., dated April 7, 1998. 1. Utilities. The public wastewater system shall be used. Thnbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. Elevations. Any building constructed on the Property shall be compatible in architectural treatments, colors, and materials as generally shown on Exhibit A. Nothing herein is intended to restrict the construction of a building with alternate window designs and locations, multiple stories, or alternate roof treatments, as long as they remain compatible with Exhibit A. The Planning Department, at the time of site plan review, shall determine compatibility of the architecture. At the time of site plan review, the Planning Commission may approve modifications requested by the Developer if such modifications are deemed to comply with the spirit and intent of the proposed elevations. Use Restrictions. The only uses permitted on the C-2 zoned property shall be as follows: a. Drugstore/pharmacy with or without a drive-through window; OR b. Banks and savings and loan associations with or without a drive-through window; AND c. Access to any land which is located in an agricultural, office, business or industrial district or used for agricultural, office, business or industrial purposes. d. Art school, gallery or museum. e. Brokerages. f. Churches and/or Sunday schools. g. Communication studios, stations and/or offices exclusive of towers. h. Eyewear sales and service. i. Libraries. j. Medical clinics. k. Messenger or telegraph services. 1. Offices. m. Post office and mailing services. n. Nursery schools and child or adult care centers. o. Schools - business, dance, and/or music. p. Telephone exchanges. q. Underground utility uses except as provided in section 19-145 (a), when such uses are located in easements or in public road rights-of-way. Road Improvements. To provide for an adequate roadway system at the time of complete development, the Developer shall be responsible for the following. If any of the improvements are provided by others, then the specific requirement shall be deemed satisfied. a. Construction of an additional lane of pavement along the southbound lanes of Iron Bridge Road ("Route 10") for the entire Property frontage; b. Construction of additional pavement along the southbound lanes of Route 10 at the approved access to provide a separate right turn lane, if warranted based on Transportation Department standards; e. Cost of traffic signal modification at the Omo Road/Route 10 intersection, ifwarranted by the construction of the improvements listed in this proffer; d. Consl~uetion of additional pavement along Omo Road to provide a four-lane typical seetinn (i.e. one westbound lane and three eastbound lanes) at its intersection with Route 10; e. Construction of additional pavement along Omo Road at the approved access to provide left and fight turn lanes, if warranted based on Transportation Department standards; L Dedication to Chesterfield County, free and unresl~ieted, any additional right-of-way (or easements) required for the improvements identified above. 3 98SN0239/WP/OCT28I Phasing Plan. Prior to any site plan approval, a phasing plan for required road hnprovements, as identified in Proffer 5, shall be submitted to and approved by the Transportation Department. Dedications. Prior to any site plan approval the following shall be dedicated, free and unresl~icted, to and for the benefit of Chesterfield County. a. Seventy (70) feet of right-of-way along the Route t0 frontage of the C-2 portion of the Property and the 0-2 portion of the Property on the north side of Omo Road measured from the centeriine of that part of Route t 0 immediately adjacent to those portions of the Property; b. Thirty-five (35) feet of right-of way along Omo Road measured from the centeriine of that part of Omo Road immediately adjacent to the Property; and c. One hundred (tOO) feet of right-of-way along the Route t0 frontageofthe 0-2 portion of the Property south of Omo Road measured from the centeriine of that part of Route t0 immediately adjacent to the Property. 8. Access. a. Direct access to the Property from Route t0 shall be limited to one (t) entrance/exit, located approximately midway along the Route t0 frontage located south of Omo Road. The Transportation Department shall approve the exact location of this access. b. Direct access to the Property on the south side of Omo Road shall be limited to one (t) entrance/exit, located near the western Property line. The exact location of this access shall be approved by the Transportation Department. c. No direct access to Omo Road shall be provided for the Property on the north side of Omo Road. Access to Omo Road shall be limited to Old Omo Road (unless the Transportation Department approves an alternate location). The exact location of this access shall be approved by the Transportation Department. 9. Lighting. Any freestanding lighting fixtures located on the Property shall not exceed a height of twenty (20) feet. t0. Fence. Except as stated herein, a minimum six (6) foot high, board-on-board fence shall be provided (phased with the development of the Property) and maintained within the required buffer along the Property boundary adjacent to the residential (R-7) zoned properties that front on Omo Road. A maximum four (4) foot high, board-on-board fence shall be provided adjacent to the driveway of GPIN 774-681-9142 in the area needed to provide a line-of-sight to Omo Road from the driveway. Landscaping shah be provided on both sides of the fence. Plans depicting these requirements shall be submitted to the Planning Department for review and approval in conjunction with each site plan submittal. In addition, such fence and 4 98SN0239/WP/OCT28I landscaping may be removed at such time as the adjaeent parcels are no longer zoned or used for residential purposes. 11. Severance. The unenforceability, illegality, elhnination, revision or amendment of any proffer set forth herein, in whole or in part, shah not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. 12. Setback. Should a reduction be requested for the required thirty (30) foot landscaped setback along the southwestern boundary line of the 0-2 zoned property adjacent to GPIN 774-680- 3190 (Morrisett Funeral Home) no more than a ten (10) foot reduction in the setback shall be requested. The Planning Department, at the time of site plan review, shall determine the exact treatment of this setback. 13. Office BuiMing. Until a certificate of completion has been issued for an office building on the Property, no drugstore or bank located on that portion of the Property shown on Exhibit B shall receive a final certificate of occupancy. Further, any temporary certificate of occupancy granted to the drugstore or bank shall not be extended or renewed beyond six (6) months from the date of its initial issuance unless a certificate of completion has been issued for the office building noted above. Construction of the buildings referenced above maybe simultaneous. 14. Sidewalk. An overall pedestrian plan showing sidewalk locations shah be provided at the time of the first site plan review. Sidewalk(s) shall be installed in conjunction with each site plan and, at a minimum, a sidewalk shall be located generally parallel to Omo Road on that Property shown m Exhibit B for the entire property frontage along Omo Road. Such sidewalk(s) shall be located either within the fight-of-way (subject to VDOT approval) or within the landscaped setback, as approved at the time of each site plan review and approval. 15. BMP. Any facilities required for water quality or water quantity control located within any setbacks along public rights-of-way shall be landscaped or otherwise improved so that the facilities become visual enhancements and visual amenities for uses developed on the Property. At the time of site plan review, a plan depicting these requirements shall be submitted to the Planning Department for review and approval. 16. Landscaping. No building or structure other than signage, landscaping and/or drainage facilities shall be constructed on that section of GPIN 775-681-2438 and shown with crosshatching on Exhibit C (also known as a portion of AmpthiH Gardens Lot 65). At such time the crosshatched portion of the Property is used (as noted above), or when theremainder of GPIN 775-681-2438 is developed (also known as a portion of AmpthiH Gardens Lot 66), the crosshatched area shall be landscaped in a shnilar manner as the landscaping on the C-2 portion of the Property. Such landscaping shah be reviewed and approved by the Planning Department at the time of site plan review. 5 98SN0239/WP/OCT28I GENERAL INFORMATION Locatior~ Fronts in two (2) places on the west line of Iron Bridge Road, across from Irongate Road. Also fronts the north and south lines of Omo Road and is located at the intersection of Omo and Iron Bridge Roads. Tax ID 774-681-6212 and 775-681-0115, 0643 and 2438 (Sheet 22). Existing Zoning: R-7 6 98SN0239/WP/OCT28I Siz~e: 9.68 acres Existing Land Use: Vacant Adiacent Zoning & Land Use: North - R-7; Single family residential or vacant South - C-3; Commercial or vacant East - C-3; Commercial or vacant West - A with Conditional Use and R-7; Commercial or single family residential UTILITIES Public Water System: There is an existing sixteen (16) inch water line extending along the north side of lyon Bridge Road adjacent to portions of the request site, Use of the public water system is required by Ordinance, Public Wastewater System: There is an existing eight (8) inch wastewater collector extending along the south side of Iron Bridge Road and sewing the out-parcels of Irongate Shopping Center. This wastewater collector is adjacent to portions of the request site. In addition, there is an existing eight (8) inch wastewater collector extending along the north side of Iron Bridge Road and ending approximately 350 feet southwest of the request ske. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 1) ENVIRONMENTAL Drainage and Erosion: The site drains to double 36 inch pipes under Omo Road and then under Iron Bridge Road through a single 54 inch pipe to Kingsland Creek via tributaries. There are no existing on- or off-ske erosion problems. Water stands on parts of the property during periods of prolonged rainy spells. If the existing pipes can adequately drain the property, no drainage or erosion problems are 7 98SN0239/WP/OCT28I anticipated based on the proposed use. In addition, if the existing pipes are adequate, off-ske easements and improvements will not be necessary to control runoff. Adjacent property to the southwest of the request site is very fiat and drains through the subject property. The drainage design of the request ske should consider this adjacent property unless another outfall of sufficient elevation exists that could handle the drainage. The applicant has proffered that, with the exception of timbering to remove dead or diseased trees which has been approved by the Department of Forestry, there will be no timbering until a land disturbance permit has been obtained from the Envkonmental Engineering Department (]Proffered Condition 2). This will ensure that proper erosion control measures are in place prior to any timber'mg and related land disturbance. Water Qualky: The applicants have agreed that any facilities for water quantity or quality control would be landscaped or improved so as to become visual enhancements and visual amenities to any development on the property. (Proffered Condition 15) PUBLIC FACILITIES Fire Service: This property is currently served by the Dale Fire/Rescue Station, Company Number 11 and Bensley-Bermuda Rescue Squad. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated dm'Lng the plans review process. Also, the need to designate fire lanes will be determined during the review of the aforementioned plans. Transportation: This request w'dl not limit development to a specific land use; therefore, k is difficult to anticipate traffic generation. Based on drugstore with drive-through window and general office trip rates, development could generate approximately 1,700 average daily trips. These vehicles will be distributed along Iron Bridge Road (Route 10) which had a 1997 traffic count of 30,613 vehicles per day, and along Omo Road which had a 1998 traffic count of 1,608 vehicles per day. The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right of way width of 120 to 200 feet. The Plan also identifies Omo Road as a collector with a recommended right of way width of seventy (70) feet. The applicant has proffered to dedicate: 1) seventy (70) feet of right of way measured from the centerline of Route 10 across the proposed C-2 parcel and proposed 0-2 parcel on the north side of Omo Road; 2) one hundred (100) feet of right of way 8 98SN0239/WP/OCT28I measured from the centefline of Route 10 across the proposed 0-2 parcel on the south side of Omo Road; and 3 ) thirty- five (35) feet of right of way measured from the centerline of Omo Road along the property, in accordance with that Plar~ (Proffered Condition 7) Development must adhere to the Development Standards Manual in the Zoning Ordinance relative to access and intemal circulation (Division 5). Access to major arterials, such as Route 10, and to collectors, such as Omo Road, should be controlled. The applicant has proffered that the direct access to Omo Road for the property on the south skte of omo Road will be limited to one (1) entrance/exit located towards the western property line (Proffered Condition 8.b.). The proposed 0-2 parcel located on the north side of Omo Road will not have direct access to Omo Road, but will have access to Om> Road via Old Omo Road (Proffered Condition 8.c.). The applicant has also proffered that direct access to Route 10 will be limited to one (1) entrance/exit located approximately midway of the Route 10 property frontage. (Proffered Condition 8.a.) Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to: 1) construct an additional lane of pavement along Route 10 for the entire property frontage; 2) construct additional pavement along Route 10 at the approved access to provide a separate right turn lane based on Transportation Deparlxnent standards; 3) construct additional pavement along Omo Road to provide a four-lane typical section (i.e. one (1) westbound lane and three (3) eastbound lanes at ks intersection with Route 10; 4) construct additional pavement along Omo Road at the approved access to provide left and right mm lanes based on Transportation Depamnent standards; and 5) provide full cost of traffic signal modifications at the Omo Road/Irongate Drive/Route 10 intersection (Proffered Condition 5). The applicant has also proffered to provide an overall pedestrian plan for the property, that will include construction of a sidewalk along the south side of Omo Road for the property frontage. (Proffered Condition 14) At time of ske plan review, specific recommendations w'dl be provided regarding access and internal circulation. LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for mixed use corridor use. The Plan suggests residential development of various densities, as well as professional, business, industrial and administrative offices with integrated supporting uses as appropriate for the area. The Plan suggests that nodes of community commercial uses should be located at strategic intersections with transitional uses, such as offices, located between the commercial nodes. The 9 98SN0239/WP/OCT28I land use patterns suggested by the Plan strive to minimize the possibility of typical strip commercial development. Area Development Trends: Adjacent property to the north consists of developed and vacant lots in Ampthill Gardens subdivision while Morrisett Funeral Home is located on adjacent property to the west. Adjacent property to the south and east along Iron Bridge Road is zoned and developed for commercial uses or is vacant. The Plan suggests continued commercial development at the intersection of Iron Bridge Road and Irongate Drive. The Plan suggests transitional uses on the northwest side of Route t0. Zoning Histow: On September 15, 1992, the Planning Commission accepted withdrawal of a request to rezone the subject property to a commercial classification (Case 85St02). The request had been pending since 1985 and after several scheduled public hear'rags before the Planning Commission; amendment to the original request; and the Board of Supervisors remanding the case to the Planning Commission, the applicant withdrew the case. Usest Proffered Condition 4 restricts the uses that would be permitted on the C-2 portion of the request property. Site Design: The request property lies within an Emerging Growth Area. Redevelopment of the ske or new construction must conform to the requirements of the Zoning Ordinance which addresses access, parking, landscaping, architectural trealanent, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. The applicant is required by Ordinance to provide a minimum of a thirty 00) foot setback with the installation of per'Lmeter landscaping A along the southwestem property line of the request site adjacent to Tax ID 774- 680-3190 (Morrisett Funeral Home). This setback is allowed to be reduced to a minimum of ten (t0) feet with the installation of per'Lmeter landscaping B. The applicant has agreed not to seek more than a ten (t0) foot reduction of 10 98SN0239/WP/OCT28I this setback or in other words, to mainmin a minimum of a twenty (20) foot setback along this boundary. (Proffered Condition 12) Architectural Treaunent: Within Emerging Growth Areas, no building exterior which would be visible to any agricultural, residential, townhouse residential, multi- ~nily residential, office 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 inferior materials on sides which face adjo'ming property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultmal, residential, townhouse residential, multi- family residential or office district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. 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 as an integral part of the building. Further, the view of all junction and accessory boxes must be ~ed from adjacent property and public rights of way. The applicant has also proffered that any building developed on the property will be compatible in architectural treaunents, colors and material as generally shown on the elevations submitted with the application and attached hereto as Exhibk A. (Proffered Condition 3) Since the Ordinance requires that the architectural trea1~nent of buildings, including materials, color and style be compatible with buildings in the same project, all other buildings in the project would have to be compatible with the attached elevations. Construction of Uses: The applicants have submitted a proffered condition which would require the issuance of a certificate of completion for an office building located on the property prior to the issuance of a final certificate of occupancy for any drugstore or bank located on that portion of the property shown on Exhibk B (Proffered Condition 13 ). A certificate of completion requires the exterior of the structure to be completed, but not the interior. At such time that the interior of the building is completed, individual tenants then seek certificates of occupancy. The proffered condition further states that any temporary certificate of occupancy granted for drugstore or bank will not be extended or renewed beyond slx (6) months from the date of the initial issuance unless a certificate of completion has been issued for an office building on the property as discussed herein. The intent of 11 98SN0239/WP/OCT28I this proffer is to have an office building in place to provide a transitional use prior to the issuance of a final certificate of occupancy for any drugstore or bank use on the property. As submitted, this proffer does not specify where the office building w'dl be located on the property. Specifically, the office building could be located on the proposed 0-2 property to the north lying between Omo Road and Old Omo Road or the southwesternmost portion of the proposed 0-2 property. As such, the proffer would not require an office building to be initially constructed directly adjacent to the proposed drugstore or bank. In addition, this condition attempts to preclude indefinite extension of temporary certificates of occupancy for any drugstore or bank use on the property shown on Exhibit B. This proffer would allow a temporary certificate of occupancy to be issued for a drugstore or bank use on the property shown on Exhibit B prior to the issuance of a certificate of completion for an office building. The Building Inspector% Office has indicated that once a temporary certificate of occupancy has been granted, k would be extremely difficult to revoke or not extend the certificate unless there are health, safety or welfare problems, even thought the condition would indicate that a certificate of completion for an office building located on the property would need to be issued within six (6) months of the certificate of occupancy for a drugstore or bank on the property shown on Exhibk B. Staff recommends should the Commission and Board wish to approve this request, the proffer should be modified to require a certificate of completion for an office 12 98SN0239/WP/OCT28I building located on the property prior to the issuance of any certificate of occupancy for any drugstore or bank located on the property shown on Exhibit B and require that the office building be located within the proposed C- 2 tract. In addition to footcandle limitation in the Zoning Ordinance, the applicant has proffered that any freestanding lighting fLxtures w'dl not exceed a height of twenty (20) feet. 0Proffered Condition 9) Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent agricultural and residential property be screened from view of such property by a solkt fence, wall, dense evergreen plantings or architectural feature and that such area within 1,000 f~et of any A or R zoned property 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. Adjacent property to the north and west is zoned Residential (R- 7) and is occupied by single family residences or is vacant. The Development Standards Manual requires a minimum fu2y (50) foot buffer along the northem and westem property boundary of the request ske adjacent to the residentially zoned property which fronts the south line of Omo Road. At the time of site plan review, the Planning Commission may modify this buffer under certain circumstances. In addition, at such time that adjacent residential property is zoned or utilized for a non-residential use, the buffer can be further reduced or eliminate4 The applicant has also agreed to install a four (4) to slx (6) foot high, board-on-board fence along the property boundary adjacent to the R-7 properties that front on Omo Road for as long as such adjacent property is used for residential proposes. (Proffered Condkion 10) Landscaping: The applicant has proffered that no building or structure other than signage, landscaping and/or drainage facilities will be constructed on that portion of the property shown with crosshatching and lying north of Omo Road as shown on Exhibk C. Such landscaping is to be similar to the 13 98SN0239/WP/OCT28I landscaping hstalled on the property south of Omo Road and is to be approved by the Planning Department. (Proffered Condition 16) CONCLUSIONS The requested commercial zoning and land uses do not conform to the Central Area Plan which suggests the area is appropriate for mixed use corridor uses. The Plan suggests residential development of various densities, as well as professional, business, industrial and administrative offices with integrated supporting uses would be appropriate at this location. In addition, there are areas in the immediate vicinity of the Route 10/Irongate Drive intersection that have been designated on the Central Area Plan as appropriate for commercial use and where retail space is available. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (7/21/98): On their own motion, the Commission deferred this case to September 15, 1998. Staff (7/22/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than July 28, 1998 for consideration at the Commission% September 15, 1998 public hearing. 14 98SN0239/WP/OCT28I Applicant (8/28/98): Revised proffered conditions were submitted, as discussed herein. Planrdng Commission Meeting (9/15/98): The applicant did not accept the recommendation. There was support and opposkion present. Those in support indicated that the applicant had been cooperative in addressing their concems and had agreed to provide a sidewalk along Omo Road making accessibility easy for those residents living along Omo Road. Those in opposition expressed concerns relative to commercial encroachment, traffic, and litter. Mr. Miller stated he was aware of both support and opposkion to this request; however, the problem he recognized was that this situation was one of those wherein over a long period of time, efforts had been made to bring orderly development to this corridor. He stated he viewed this portion of Iron Bridge Road as being the "gateway" to the Courthouse ama a~t as a prune corridor for development. He stated one of the goals of the Central Ama Plan was to discourage typical strip development which has occurred on other corridors in the County and he particularly wanted to ensure that such strip development did not occur along Iron Bridge Road. He indicated he did not feel the requested commercial zoning and land uses conformed to the Plan and he did not see any overwhelming reasons to vary from that Plar~ On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Unanimous. The Board of Supervisors, on Wednesday, October 28, 1998, beginning at 7:00 p.m., will take under consideration this request. 15 98SN0239/WP/OCT28I