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99SN0307.PDFOctober 27, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0307 (Amended) George P. Emerson, Jr. Bermuda Magisterial District South line East Hundred Road, east of Spruce Avenue REOUEST: (Amended) Rezoning from Residential (R-7) and Community Business (C-3) to General Business (C-5). PROPOSED LAND USE: Community Commercial (C-3) uses, except as restricted by Proffered Condition 3, and self-storage (mini-warehouse) facilities. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land uses conform to the Eastern Area Land Use and Transportation Plan which designates the property for commercial uses. Providing a FIRST CHOICE Community Through Excellence in Public Service. The proposed zoaing and land uses are representative of development trends along this section of Route 10. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER 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 (STAFF/CPC) 1. Architecture. Any mini-warehouse facility developed on the Property shall have an architectural style, materials and colors similar to the mini-warehouse facility being developed on Tax ID Parcel No. 775-657-0027 and 2161. Provided, however, that an alternative architectural style, materials and colors of equal or better quality to that on the aforementioned Tax ID parcels shall be allowed, as may be determined by the Planning Commission at the time of site plan review and approval. (P) (STAFF/CPC) 2. No Bllsiness Operation. No tenant or customer of any mini- warehouse unit located on the Property shall be allowed to operate a business on the site. (P) (STAFF/CPC) 3. Use. The uses on the property shall be limited to: (a) Those uses permitted by right and those permitted with restriction in the C-3 Zoning District except that cocktail lounges and nightclubs, material reclamation and receiving centers and liquor stores shall not be an allowable use; and (b) mini-warehouse facilities. (P) (STAFF/CPC) 4. Prohibition on Materials Stored. No mini-warehouse facility shall permit the storage of flammable, hazardous, radioactive, illegal or any other similar materials on site. (F) (STAFF/CPC) 5. Public Utilities. The public water system shall be used in conjunction with the mini-warehouse use. All other uses shall be connected to public water and public wastewater systems. (U) (STAFF/CPC) 6. Timbering. Except for 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 2 99SN0307/WP/OCT27L (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC (STAFF/CPC (STAFF/CPC 10. 11. 12. Engineering Department, and the approved devices have been installed. (EE) Lighting. Parking lot lighting shall not exceed a height of thirty- five (35) feet. (P) Nullification. The property owner and developer (the "Developer") in this zoning case, pursuant to 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County for themselves and their successors or assigns proffer that the development of the property known as parts of Tax ID Nos. 826-643-6483 and 829-643-1822 (the "Property") under consideration will be developed according to the following conditions, if, and only if, the rezoning request applied for herein is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the property. (P) Prior to any site plan approval, one hundred (100) feet of right-of- way on the south side of Route 10, measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) No direct access shall be provided from the property to Route 10. (T) Prior to issuance of an occupancy permit for more than 60,000 square feet of mini-warehouse development, or development with an equivalent traffic generation, as determined by the Transportation Department, an additional lane of pavement shall be constructed along Route 10 for the entire property frontage. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for this road improvement. (T) Screening of loading areas for any self storage facility from adjacent properties shall be achieved through the positioning of the self storage buildings in a compound-like manner such that the walls of the building closest to the eastern, western and southern boundary 3 99SN0307/WP/OCT27L lines shall be generally parallel to such boundary lines. Further, measures shall be taken to screen loading areas from East Hundred Road, the exact treatment of which shall be approved by the Planning Department at time of site plan review. (P) GENERAL INFORMATION Location: South line of East Hundred Road, west of Spruce Avenue. Tax ID 826-643-Part of 6483 and 829-643-Part of 1822 (Sheet 36). Existing Zoning: C-3 and C-3 with proffered conditions and R-7 Size: 7.8 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - C-3; Public/semi-public (church), commercial or vacant South - R-7; Vacant East - R-7 and C-3; Vacant West - C-3; Vacant UTILITIES Public Water System: There is an existing section of twelve (12) inch water line (which is served by an existing six (6) inch water line) on East Hundred Road at Spruce Avenue, approximately 250 feet northwest of the request site. Use of the public water system is intended by the applicant and has been proffered (Proffered Condition 5). The on-site public water system layout must provide for that portion of the future water distribution main proposed for East Hundred Road from Spruce Avenue to the southeast boundary of the request site. 4 99SN0307/WP/OCT27L Due to the location and commercial nature of the proposed development, anticipated fire flow demands for the request site may require off-site improvements and/or extensions of the public water system. Fire flow requirements are established and coordinated through Fire Administration. If the existing water system cannot meet fire flow needs, the developer will be responsible for performing an engineering study to determine what system improvements or extensions may be necessary. The cost of such will be the responsibility of the developer. Public Wastewater System: The public wastewater system is not available to serve the request site, therefore the use of the public wastewater system is not required by County Code. The request site lies within the Johnson Creek drainage basin approximately 2000 feet southeast (downstream) of the existing Johnson Creek Wastewater Pump Station. However, the use of the public wastewater system is intended and has been proffered for all uses except mini-warehouses, which would be allowed to utilize a private septic system. (Proffered Condition 5) While no formal plans have been established for providing wastewater service, the County Water/Wastewater Facilities Plan recommends construction of a twelve (12) inch waste- water trunk line from the existing Johnson Creek Wastewater Pump Station, bucking grade southeastwardly along Jolmson Creek. The extension of the public wastewater system to serve this site will require early engineering investigations and cooperation with the Utilities Department and adjacent property owners. Costs of engineering studies and approved improvements would be the responsibility of the developer. The Utilities Department must approve the method of any extensions or improvements. ENVIRONMENTAL D ~ eand Er si n: The subject property drains to the south into a tributary of Johnson Creek. There are no known on-site or off-site drainage or erosion problems. The site is forested and should not be timbered except within the purview of a land disturbance permit (Proffered Condition 6). This will insure that adequate erosion control measures are in place prior to any land disturbance. Water Oualitv: This tributary is a perennial stream and, as such, is subject to a conservation area encompassed by a Resource Protection Area (RPA). 5 99SN0307/WP/OCT27L P B FACI Fire Service: This property is currently served by the Enon Fire~escue Station, Company Number 6 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 during the plans review process. Transportation: This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on shopping center trip rates, development could generate approximately 4,800 average daily trips. The applicant intends to develop approximately 60,000 square feet of mini-warehouse on the property. Based on mini- warehouse trip rates, development could generate approximately 140 average daily trips. These vehicles will be distributed along East Hundred Road (Route 10) which had a 1997 traffic count of 20,451 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 applicant has proffered to dedicate 100 feet of right of way, measured from the centerline of Route 10, in accordance with that Plan. (Proffered Condition 9) Development must adhere to the Development Standards Manual in the Zoning Ordinance relative to access and internal circulation (Division 5). Access to major arterials, such as Route 10, should be controlled. The applicant has proffered that no direct access will be provided from the property to Route 10 (Proffered Condition 10). Access to Route 10 is anticipated to be provided through the adjacent property to the west. As part of providing access to this property, the applicant has proposed changes to the crossovers on Route 10. Two (2) existing crossovers are located just east of the Spruce Avenue intersection. Each of these Route 10 crossovers currently serves a single commercial development. A vehicle repair shop is located on the north side of Route 10 at the first crossover east of Spruce Avenue. An oil distribution business is located on the south side of Route 10 at the second crossover. In order to provide access to the subject property and surrounding properties, the applicant proposes to close both existing crossovers on Route 10 east of Spruce Avenue and construct a new crossover on Route 10 between the closed crossovers. Staff supports locations of crossovers that have adequate spacing and serve multiple users. The Virginia DeparUnent of Transportation (VDOT) must approve this proposed crossover plan. Construction of this new crossover will require the developer to construct left turn lanes on Route 10 in both eastbound and westbound directions, and provide access easements to ensure shared use of this new 6 99SN0307/WP/OCT27L crossover with adjacent properties, including the existing oil distribution business. Approval of the applicant's crossover plan will be addressed at time of site plan review. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered that prior to development of more than 60,000 square feet of mini-warehouse development, or development with equivalent traffic generation, an additional lane of pavement will be constructed along Route 10 for the entire property frontage. (Proffered Condition 11) At time of site plan review, specific recommendations will be provided regarding access and internal circulation. Comprehensive Plan: Lies within the boundaries of the Eastern Area Land Use and Transportatioll Plan which suggests the property is appropriate for commercial uses. Area Development Trends: Properties to the northeast and northwest are zoned Community Business (C-3) and are developed for a church, commercial use or are vacant. Property to the west is zoned Community Business (C-3) and is vacant. Properties to the south and southeast are zoned Residential (R-7) and Community Business (C-3) and are vacant. ~ Use and Transportation Plan suggests that this section of Route 10 is appropriate for commercial uses with medium to medium high density residential land uses located to the south, backing up to this commercial designation. Zonin_g_HJ_slo~: On April 22, 1998, the Board of Supervisors approved a rezoning of a 9.0 acre tract, a portion of which includes the subject property, from Residential (R-7) to Community Business (C-3) with proffered conditions (Case 98SN0166). These conditions, as negotiated with area property owners, limited uses on the property to those permitted by right and those permitted with certain restrictions in the "C-3" District, excluding cocktail lounges and nightclubs, material reclamation receiving centers and liquor stores. Site Design: The request property lies within an Emerging Growth Area. Development must conform to the requirements of the Zoning Ordinance which address access, parking, landscaping, 7 99SN0307/WP/OCT27L architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. The applicam has limited the permitted uses to those Community Business (C-3) uses originally negotiated with the area property owners and mini-warehouse facilities, which will be the only permitted General Commercial (C-5) land use (Proffered Condition 3). Further, the applicant has proffered that no businesses will be operated from these mini- warehouse units (Proffered Condition 2). No storage of flammable, hazardous, radioactive, illegal materials may be stored within the mini-warehouse facility. (Proffered Condition 4) In consideration of the adjoining residentially zoned properties to the east and south of the request site, the applicant has limited the height of parking lot lighting to thirty-five (35) feet (Proftbred Condition 7). This is consistent with a proffered condition of the original "C-3" zoning case. Architectural Treatment: Architectural treatment of buildings, including materials, color and style, shall be compatible with buildings located within the same project. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. Within Emerging Growth Areas, no building exterior which would be visible to any A, R, R-TH, R-MF or O 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 differem materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining A, R, R-TH, R-MF or O District or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. All junction and accessory boxes must be minimized from view of adjacent property and public rights of way by landscaping or architectural treatment integrated with the building served. Mechanical equipment, whether ground-level or rooftop, shall be screened from view of adjacent property and public rights of way and designed to be perceived as an integral part of the building. The applicant has proffered an architectural treatment for the mini-warehouses to be developed on the property (Proffered Condition 1). This proffered condition speaks to an architectural style, materials and colors that may be similar to the mini-warehouse facility being developed on Route 10, and is commonly known as Ironbridge Mini Storage (Tax 8 99SN0307/WP/OCT27L ID 775-657-0027 and 2161)~ However, th/s proffer allows an alternative architectural style, materials and colors of equal or quality as may be approved by the Planning Commission at the time of site plan review. It should be pointed out that if the mini-warehouse facility occurs as the first phase of development, it will set the architectural style and design of the overall project for the remaining "C-3" tract since the Ordinance requires architectural compatibility within projects. 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 property and public rights of way by a solid fence, wall, dense evergreen plantings or architectural feature, and that such area within 1,000 feet of any residentially zoned property or property used for residential purposes 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. The Zoning Ordinance suggests several methods to achieve this screening to include topography, landscaping, setbacks or architectural design. Staff believes that the most effective way of accomplishing this requirement for mini-storage use is to position the buildings in a compound-like manner, such that the walls of the buildings closest to the eastern, western and southern boundary lines run generally parallel to such boundaries and to East Hundred Road. This method of screening has been consistently and successfully applied to other mini-warehouse facilities in the County. (Proffered Condition 12) With the approval of this request, outside storage would be permitted as a restricted use. Outside storage areas must be screened from view of adjacent properties on which uses are not permitted. Adjacent properties to the south and east are zoned Residential (R-7) and are vacant. The Zoning Ordinance requires a minimum fifty (50) foot buffer along the southern and eastern property boundaries of the request site. Property to the east is designated on the County's Comprehensive Plan for future commercial uses. At the time of site plan review, this buffer may be modified to the east under certain circumstances. At such time that adjacent residential property is zoned or utilized for a non-residential use, these buffers can be further reduced or eliminated. CONCLUSIONS The proposed zoning and land uses conform to the Eastern Area Land Use and Transportation Plan which suggests the property is appropriate for conm~ercial uses. The proposed zoning and land 9 99SN0307/WP/OCT27L uses are representative of development trends along this section of Route 10. Therefore, staff recommends approval and acceptance of the proffered conditions. CASE HISTORY Planning Commission Meeting (9/21/99): On their own motion, the Commission deferred this case to October 19, 1999. This deferral was made to permit staff time to evaluate the appropriateness of multi-family uses at this location, given a recent decision from the Board of Zoning Appeals that such uses are permitted. This deferral would also provide the applicant with time to address the transportation impacts of this request. Staff (9/22/99): The applicant was advised in writing that any significant new or revised information should be submitted no later than September 27, 1999, for consideration at the Commission's October public hearing. Applicant (9/27/99): The applicant amended this request, reducing the subject acreage from twenty-five (25) to 7.8 acres. Proffered conditions were also amended. Applicant (10/5/99): The applicant submitted additional proffered conditions to address transportation concerns. Planning Commission Meeting (10/19/99): The applicant agreed to amend Proffered Condition 1 and add Proffered Condition 12, as reflected herein. Based upon those changes, staff recommended approval of this request. The applicant accepted this recommendation. There was no opposition present. Support was present. 10 99SN0307/WP/OCT27L On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 4. AYES: Messrs. Gulley, Cunningham, Marsh and Shewmake. ABSENT: Mr. Miller. The Board of Supervisors, on Wednesday, October 27, 1999, beginning at 7:00 p.m., will take under consideration this request. 11 99SN0307/WP/OCT27L c A Im m Case: 99SNO307 (AMENDED) Rezoning: R-7 & C-3 to C-5 Shee~: 35 & 36 ~EA/O,50"/-/ 99SN0307 (Amended) In Bermuda Magisterial District, GEORGE P. EMERSON, JR., requested rezoning and amendment of zoning district map from Residential (R 7) and Community Business (C 3) to General Business (C 5). The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for commercial use. This request lies on 7.8 acres fronting in two (2) places for a total of approximately 430 feet on the south line of East Hundred Road, approximately 890 feet east of Spruce Avenue. Tax ID 826 643 Part of 6483 and 829 643 Part of 1822 (Sheets 35 and Mr. Jacobson presented a summary of Case 99SN0307 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Area Land Use and Transportation Plan. Mr. Oliver Rudy, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 99SN0307 and accepted the following proffered conditions: 1 Architecture. Any mini warehouse facility developed on the Property shall have an architectural style, materials and colors similar to the mini warehouse facility being developed on Tax ID Parcel No. 775 657 0027 and 2161; provided, however, that an alternative architectural style, materials and colors of equal or better quality to that on the aforementioned Tax ID parcels shall be allowed, as may be determined by the Planning Commission at the time of site plan review and approval. (P) 2 No Business Operation. No tenant or customer of any mini warehouse unit located on the Property shall be allowed to operate a business on the site. (P) 3 Use. The uses on the property shall be limited to: (a) Those uses permitted by right and those permitted with restriction in the C 3 Zoning District except that cocktail lounges and nightclubs, material reclamation and receiving centers and liquor stores shall not be an allowable use; and (b) mini warehouse facilities. (P) 10/27/99 99 853 Prohibition on Materials Stored. No mini warehouse facility shall permit the storage of flammable, hazardous, radioactive, illegal or any other similar materials on site. (F) Public Utilities. The public water system shall be used in conjunction with the mini warehouse use. Ail other uses shall be connected to public water and public wastewater systems. (U) Timbering. Except for 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. (EE) Liqhtinq. Parking lot lighting shall not exceed a height of thirty five (35) feet. (P) Nullification. The property owner and developer (the '~Developer") in this zoning case, pursuant to 15.2 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County for themselves and their successors or assigns proffer that the development of the property known as parts of Tax ID Nos. 826 643 6483 and 829 643 1822 (the '~Property") under consideration will be developed according to the following conditions, if, and only if, the rezonlng request applied for herein is granted. In the event the request is denied or approved 10. 11. with conditions not agreed to by the Developer, the proffers and conditions shall immediately be null and void and of no further force or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and conditions now existing on the property. (P) Prior to any site plan approval, one hundred (100) feet of right of way on the south side of Route 10, measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) No direct access shall be provided from the property to Route 10. (T) Prior to issuance of an occupancy permit for more than 60,000 square feet of mini warehouse development, or development with an equivalent traffic generation, as determined by the Transportation Department, an additional lane of pavement shall be constructed along Route 10 for the entire property frontage. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right of way (or 10/27/99 99 854 easements) required for this road improvement. (T) 12. Screening of loading areas for any self storage facility from adjacent properties shall be achieved through the positioning of the self storage buildings in a compound like manner such that the walls of the building closest to the eastern, western and southern boundary lines shall be generally parallel to such boundary lines. Further, measures shall be taken to screen loading areas from East Hundred Road, the exact treatment of which shall be approved by the Planning Department at time of site plan review. (P) Ayes: Daniel, Warren, Barber, Humphrey, and McHale Nays: None. 10/27/99 99 855