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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0243
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September 24, 2008 BS
John D. and Kimberly W. Hughes, Jr.
Matoaca Magisterial District
Northwest quadrant of Beach and Spring Run Roads
RE VEST: Conditional Use to permit Community Business (C-3) uses and commercial outdoor
recreation plus Conditional Use Planned Development to permit exceptions to
Ordinance requirements.
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land use may be appropriate as a neighborhood convenience center
to serve the surrounding area and to allow for the adaptive reuse and preservation
of these historic properties provided development standards insure compatibility
of these commercial uses with existing and future area development. The
proposal fails to provide adequate setbacks and buffers.
B. The proposal fails to address transportation concerns relative to proffer clarity and
enforcement; right-of way dedication; road improvements; and access controls.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
Providing a FIRST CHOICE community through excellence in public service
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
The owners and developers in this rezoning request, John D Hughes, Jr. and Kimberly W Hughes
(the "Developers") pursuant to § 15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, Virginia (the "County") for itself and its successors
and assigns, hereby proffers that the development of the real property (the "Property") under
consideration in this rezoning request shall be developed in accordance with the following
conditions if, and only if, the request submitted herewith is granted with only those conditions
agreed to by the Developers. In the event this request is denied or approved with conditions not
agreed to by the Developers, the proffers shall immediately be null and void and of no further
force or effect.
1. Textual Statement. The Textual Statement dated July 25, 2008 shall be considered the
Master Plan. (P)
2. Access.
a. Direct vehicular access from the Property to Spring Run Road shall be limited to
one (1) entrance/exit in a location approved by the Transportation Department.
b. As shown on Exhibit "A" titled "Transportation Plan" prepared by Townes Site
Engineering, P.C., dated May 23, 2008, direct vehicular access from the Property
to Beach Road shall be limited to two (2) entrances/exits. The easternmost
entrance/exit shall be located at the existing driveway that serves Building "B".
This entrance shall only serve the existing Building "B". The westernmost
entrance/exit shall be located at the existing driveway that serves Building "A".
(T)
3. Road Improvements. Prior to the issuance of any certificate of occupancy, the
following roadway improvements shall be completed, as determined by the
Transportation Department:
a. Construction of a right turn lane at the Spring Run Road entrance/exit at the time
that warrants show it is needed.
b. Dedication to Chesterfield County, free and unrestricted, of any additional right-
of way (or easements) required for the improvements identified above. (T)
4. Timberin . Except for timbering approved by the Virginia Department of Forestry
for removing dead or diseased trees, there shall be no timbering on the Property until
2 08SN0243-SEP24-BOS-RPT
a land disturbance permit has been obtained from the Environmental Engineering
Department and the approved devices installed. (EE)
5. Dem. The maximum density on the Property shall be as listed below or equivalent
traffic generation as determined by the Transportation Department:
a. 18,000 SF of Recreational Community Center (Banquet Hall).;
b. 5,000 SF Church.;
c. 1,350 SF of Single Tenant Office,
d. B,000 SF OF SHOPPING CENTER; AND,
e. 5,000 SF of High Turnover (Sit-Down) Restaurant. (T)
6. Permitted uses: The following uses shall be permitted:
a. Except for automobile self service stations, which shall not be permitted, uses
permitted by right or with restrictions in the Neighborhood Business (C-2)
District.
b. Commercial outdoor recreational use limited to tractor, farm equipment and
automobile shows/exhibits.
c. Special events business to permit events such as weddings, receptions, birthday
parties, luncheons and similar social gatherings.
GENERAL INFORMATION
T nratinn~
Northwest quadrant of Beach and Spring Run Roads. Tax IDs 745-654-8256 and 746-654-
1071.
Existing Zoning:
A
Size:
8.5 acres
Existing Land Use:
Single family residential
3 08SN0243-SEP24-BOS-RPT
Adjacent Zoning and Land Use:
North, East & West - A; Single family residential, public/semi-public (VDOT storage yard
and Pocahontas State Park) or vacant
South - C-3 & A; Commercial, agricultural or vacant
T 1TTT ,TTTF.~
Public Water System:
The public water system is not available to serve the request site. There is an existing
sixteen (16) inch water line extending along a portion of Spring Run Road that terminates
at Qualla Road, approximately 2.25 miles north of this site. A sixteen (16) inch water line
extends along a portion of River Road and terminates at Ivey Mill Road, approximately
4.89 miles south of this site.
This site is within the boundaries of the Southern and Western Area Plan, and therefore
use of the public water system is required unless the Planning Commission waives the
mandatory use during site plan review. The Planning Commission may impose
conditions to mitigate the impact of any exception that it grants.
Public Wastewater System:
The public wastewater system is not available to serve the request site. This site is within
the area designated by the Southern and Western Area Plan of anticipated R-88 zoning
where the use of private septic systems is permitted.
Health Department:
The Health Department must approve any new well or septic system, or expanded usage
of any existing well or septic system to serve the proposed development.
ENVIRONMENTAL
Drainage and Erosion:
A portion of the property drains to the south and then via tributaries to the Appomattox
River. The remaining land drains to the northwest and via tributaries to Swift Creek. There
are currently no known on- or off site drainage or erosion problems and none are anticipated
after development.
Some of the property is wooded and, as such, should not be timbered without obtaining a
land disturbance permit from the Department of Environmental Engineering and the
appropriate devices installed (Proffered Condition 4). This will ensure that adequate erosion
control measures are in place prior to any land disturbance.
4 08SN0243-SEP24-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Winterpock Fire Station, Company Number 19, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
Transportation:
The property is 8.5 acres located at the northwest corner of the intersection of Spring Run
Road and Beach Road. The applicant is requesting a conditional use to permit
Community Business (C-3) uses in an Agricultural (A) district and a conditional use to
allow commercial outdoor recreation. The Transportation Department does not support
this request. This request does not adequately address traffic impacts to the existing
transportation network. Several of the proffered conditions are not clear and/or will be
difficult to enforce.
With this request, the applicant has attempted to proffer a maximum density that includes
such uses as recreation community center (banquet hall), church, office, shopping center,
high turnover restaurant or equivalent traffic generation as determined by the
Transportation Department (Proffered Condition 5). Based on the proffered density, the
request could generate approximately 2,500 average daily trips (ADT). This traffic
would be initially distributed along Spring Run Road and Beach Road, which had 2008
traffic counts of 2,669 ADT and 6,758 ADT, respectively. Based on the volume of traffic
they carry during peak hours, Spring Run Road is functioning at an acceptable level
(Level of Service D) and Beach Road is at capacity (Level of Service E).
The Thoroughfare Plan identifies both Spring Run Road and Beach Road as major
arterials with recommended right-of way widths of ninety (90) feet. The section of
Spring Run Road adjacent to the property has a substandard horizontal curve. Typically,
along roads with substandard curves, the Transportation Department suggest right-of way
dedication be provided based on a revised centerline alignment to better accommodate
future road improvements with a lesser impact on what is developed on the property.
When asked, the applicant was unwilling to dedicate any right-of way along Beach Road
or Spring Run Road. The applicant should dedicate right-of way according to the
Thoroughfare Plan.
Access to major arterials, such as Spring Run Road and Beach Road, should be
controlled. Currently, the property has two residential structures, each with direct access
to Beach Road. The property fronts the section of Beach Road between Bundle Road and
Spring Run Road. There is approximately 400 feet of separation along Beach Road
between the Bundle Road and Spring Run Road intersections. The property has
approximately 650 feet of frontage on Spring Run Road. Due to the limited frontage that
the property has along both roadways, direct vehicular access to the property should be
limited to one (1) access on Spring Run Road located at the northern property line and no
5 08SN0243-SEP24-BOS-RPT
direct access to Beach Road. The applicant has proffered direct vehicular access to one
(1) access along Spring Run Road and two (2) accesses along Beach Road (Proffered
Condition 2). The Beach Road accesses will be located in the operational area of two
existing intersections along Beach Road. The westernmost access will have an
undesirable off set of approximately ninety (90) feet from the Beach Road/Bundle Road
intersection. The easternmost access will have an undesirable spacing of approximately
140 feet from the Beach Road/Spring Run Road intersection. With the increased traffic
generated by this proposed development along with their inadequate access spacing along
Beach Road, staff does not support any access to Beach Road.
The traffic impact of this development must be addressed. To address the traffic impact
of this request, staff has determined left and right turn lanes, widening/improving of
Spring Run Road, and shoulder improvements along Beach Road are needed. When
asked, the applicant was unwilling to provide customary road improvements except to
provide a right turn lane along Spring Run Road into the proposed entrance/exit "at the
time that warrants show it is needed" (Proffered Condition 3). This condition is unclear
and will be difficult to enforce. The condition requires the road improvements prior to
any certificate of occupancy; however, the right turn lane will be constructed at the time
that warrants show it is needed. Also, the condition does not define the standard that will
apply for determining the warrants. When asked, the applicant was unwilling to delete
"at the time that warrants show it is needed" for the Spring Run Road right turn lane
(Proffered Condition 3a). The Transportation Department cannot support this request
because it does not provide road improvements to mitigate the traffic impacts on the
existing transportation network.
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Analysis
requirements, have been enacted. In October 2009, VDOT is anticipated to enact access
management regulations that would affect proposed access locations along arterial and
collector roadways, such as Spring Run Road and Beach Road. Staff has been meeting
with VDOT to attempt to understand 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. VDOT has indicated that they need
additional information from the applicant to evaluate this request. At this time, the
applicant has not provided additional information to VDOT.
Without a commitment to dedicate right-of way in accordance with the Thoroughfare
Plan, provide road improvements to mitigate the traffic impacts, and preclude vehicular
access to Beach Road, the Transportation Department cannot support this request.
T .ANTI T 1CF.
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. The
6 08SN0243-SEP24-BOS-RPT
Plan identifies specific nodes which should serve as regional, community and
neighborhood commercial areas and also suggests that limited retail and personal service
centers, which are not specifically identified on the land use map, should be provided
within residential areas to serve the immediately surrounding neighborhoods. The Plan
suggests that where these convenience centers are provided they should be on one (1)
corner of two (2) collector streets or where a collector intersects with an arterial road and
suggests that consideration be given to appropriate transitions between uses, building
scale, architecture and site development to insure compatibility of these commercial uses
with existing and future residential development.
Further, one (1) goal of the Plan is to preserve unique features of the area by encouraging
the preservation of vegetation, roadside forest canopies and important historic sites as an
integral part of future development.
Area Development Trends:
The majority of the surrounding area is zoned Agricultural (A) and is occupied by
agricultural use, single family residential use on acreage parcels or is vacant, except that
public/semi-public use (VDOT facility and Pocahontas State Park) is located on adjacent
property to the east and property to the southwest is zoned Community Business (C-3) and
is occupied by commercial use. It is anticipated that residential use will continue on
property north and west of the request property as suggested by the Plan and that property to
the south will remain agricultural or forested since it is within the Rural Conservation Area
of the Plan.
Zonin H.~v/Historical Significance:
On January 23, 2008, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission and Historic Preservation Committee, approved Historic
Landmark Designation (Cases 08HP0153 and 08HP0154) for both of the request
properties. These properties make up probably the last intact rural railroad stop still
remaining in the county. The Perdue-Mitchell House, erected around 1890, and the
George Perdue House, erected around 1893, make up the "Village of Beach," once a rural
railroad village containing a post office, railroad depot, general store in addition to these
two (2) dwellings.
Site Design:
The property is proposed for development of commercial uses to serve the surrounding
residential area in addition to providing a location for special events such as receptions,
parties and similar gatherings and automobile or farm equipment exhibitions.
Except for reduced setbacks and landscaping discussed below, the development is proposed
to conform to the Ordinance requirements for Neighborhood Commercial (C-2) uses in an
Emerging Growth District area (Textual Statement). Emerging Growth District standards
address architectural treatment, setbacks, parking, signs, buffers and screening. The
7 08SN0243-SEP24-BOS-RPT
purpose of the Emerging Growth District Standards is to promote high quality, well-
designed projects and in this case, will assist in mitigating the impact of the proposed
commercial uses on existing and anticipated area residential development.
As previously noted, the properties have received Historic Landmark designation and,
therefore, a certificate of appropriateness from the Preservation Committee for any
construction, alternation a remodeling that would affect the exterior architectural
appearance or properties must be obtained.
Use Limitations:
Proffered Condition 6 limits permitted uses to those uses permitted by right or with
restrictions in the Neighborhood Business (C-2) District, commercial outdoor recreational
use limited to tractor, farm equipment and automobile shows/exhibits and a special
events business to accommodate weddings, receptions, birthday parties, and similar
social gatherings.
Setbacks and Landscaping Requirements:
Reduced setbacks for buildings, parking and drives are proposed as outlined in the
Textual Statement. Normally, the Ordinance would require a fifty (50) foot setback from
Beach and Spring Run Roads. A twenty (20) foot setback is proposed from Beach Road
for Buildings A and B as shown on the "Transportation Plan" and any additions to these
structures and atwenty-five (25) foot setback is proposed for any other development
from Beach and Spring Run Roads. while staff supports a reduced setback from Beach
Road to eliminate the non-conforming status for existing Buildings A and B, a fifty (50)
foot setback should be required for any additions to these buildings and for all other
development in order to maintain the integrity of the intersection of Beach and Spring
Run Roads and to promote continuity of development along these maj or corridors.
Similarly, reduced setbacks are proposed from internal property boundaries. The
Ordinance would require a thirty (30) foot setback from the western (or side) property
boundary and a forty (40) foot setback from the northern (or rear) property boundary.
with this request, a twenty (20) foot side setback is proposed and athirty-five (35) foot
rear setback is proposed. Staff does not support a reduction in the rear and side setbacks.
The Ordinance does not permit a reduction in setbacks for commercial uses when they
are adjacent to properties zoned agriculturally or residentially. The reduced setback does
not provide an appropriate separation between proposed uses and adjacent properties and
therefore increases the impact these uses may have on anticipated residential
development.
Perimeter Landscaping G within required setbacks is proposed (Textual Statement, Item
2). Perimeter Landscaping G requires at least one (1) large deciduous tree for each fifty
(50) lineal feet, continuous evergreen hedge forms along the entire length of parking
areas, and low shrubs and ground cover. This landscaping will achieve the preservation
of the historic character, as well as minimize the impact of the uses on area properties.
8 08SN0243-SEP24-BOS-RPT
Ruffer~~
The Emerging Growth District Standards of the Ordinance would require the provision of
a seventy-five (75) foot buffer along the northern property boundary. This buffer will be
required to comply with certain landscaping requirements of the Ordinance and could
only be reduced by the Planning Commission during site plan review. The applicants
have indicated their intent to seek a waiver to this buffer requirement during site plan
review.
The Ordinance would not require a buffer to the west. Staff recommends the provision of
a seventy-five (75) foot buffer along the western property boundary in compliance with
Ordinance requirements for such buffers.
These buffers would provide a necessary transition and separation between the proposed
development and future area development.
CONCLUSION
The proposal fails to guarantee the development will maintain appropriate transitions consisting of
buffers and adequate setbacks along roads. Without provision of these design standards, staff
cannot support this application. If these standards are assured, the proposed land use would allow
for the adaptive reuse and preservation of the historic "Village of Beach" and serve the
convenience of the surrounding area.
Without clarifying proffers and a commitment to dedicate right-of way in accordance with the
Thoroughfare Plan, provide road improvements to mitigate the traffic impacts, and preclude
vehicular access to Beach Road, the Transportation Department cannot support this request.
Given these considerations, staff recommends denial of this request.
CASE HISTORY
Planning Commission Meeting (6/17/08):
At the request of the applicant, the Commission deferred this case to their August 19,
2008 public hearing.
Staff (6/18/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later that June 23, 2008 for consideration at the Commission's
August 19, 2008 public hearing.
9 08SN0243-SEP24-BOS-RPT
Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (7/21/08 and 7/29/08):
Revised proffered conditions, Textual Statement and exhibit were submitted.
Applicant (8/11/08):
The deferral fee was paid.
Planning Commission Meeting (8/19/08):
The applicant did not accept the recommendation. There was support present indicating
approval would preserve the historic property.
Mr. Bass stated he supported preserving the historic property, commending the applicants
on work to date. He expressed concern with the impact commercial development would
have on area roads and properties without adequate setbacks, right of way dedications,
access controls and appropriate road improvements such as turn lanes.
Messrs. Gulley and Waller also supported the preservation efforts, but expressed concern
that design and transportation issues had not been addressed.
On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial
of the request.
AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller.
The Board of Supervisors, on Wednesday, September 24, 2008, beginning at 6:30 p.m., will take
under consideration this request.
10 08SN0243-SEP24-BOS-RPT
TEXTUAL STATEMENT
July 25, 2008
Except as provided below, development shall conform to the Zoning Ordinance requirements for
Neighborhood Business (C-2) uses in Emerging Growth Areas:
1. Setbacks.
a. Setbacks alongmajor arterials. All buildings, drives and parking areas shall have a
minimum twenty-five (25) foot setback from the proposed rights of way of Beach and
Spring Run Roads, except that Buildings A and B identified on Exhibit A titled
"Transportation Plan" prepared by Townes Site Engineering, P.C., dated May 23,
2008, and any additions to Buildings A and B shall have a minimum twenty (20) foot
setback from the proposed right of way of Beach Road.
b. Side ard. The side yard setbacks for buildings, drives and parking areas shall be a
minimum of twenty (20) feet.
c. Rear ard. The rear yard setback for buildings, drives and parking areas shall be a
minimum ofthirty-five (35) feet.
2, Perimeter Landscaping. Perimeter landscaping shall be installed in accordance with the
Zoning Ordinance requirements for Perimeter Landscaping G .
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