01SN0131-Feb28I.pdfFebruary 28, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0131
(Amended)
Verizon (Bell Atlantic)
Matoaca Magisterial District
6107 Mockingbird Lane
REOUEST: (Amended) Amend Conditional Use (Case 75A020) relative to Condition 5, the
approved master plan. Specifically, the applicant proposes to delete the condition
that recognized a Master Plan.
PROPOSED LAND USE:
An expansion of the existing telephone switching station and parking facilities is
planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed use conforms to the Upper Swift Creek Plan which suggests the
property is appropriate for mixed use corridor uses. Such uses would include
Providing a FIRST CHOICE Community Through Excellence in Public Service.
residential developments of various densities, corporate office uses, neighborhood
commercial uses and convenience nodes.
The proposed expansion will have minimal impact on the surrounding area since
the use already exists on the property. The expansion will comply with many of
the current Ordinance standards for non-residential uses.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
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
The Owner (the "Owner") in this request for an an~endment to a conditional use permit, pursuant
to Section 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 Tax IDs 730-674-4350, 5140, and 5630 (the "Property") under
consideration will be developed according to the following conditions if, and only if, the request
for the conditional use is granted. In the event the request is denied or approved with conditions
not agreed to by the Owner, the proffered conditions shall immediately be null and void and of
no further force or effect.
(STAFF/CPC) 1.
Dedications. Prior to any fmal site plan approval, or within sixty
(60) days from a written request by the Transportation Department,
whichever occurs first, one hundred (100) feet of the right-of-way
on the south side of Hull Street Road (Route 360), measured from
the centerline of that part of Route 360 immediately adjacent to the
Property, and any additional right-of-way across the Property as
indicated on the approved plans for the widening of Route 360
(Project #0360-020-131, PE-101), shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
(STAFF/CPC) 2.
· Landscaping. Landscaping within the following setbacks shall meet
the following requirements:
a)
Front yard (along Hull Street Road) - Perimeter Landscaping
C
b)
Corner side yard (along Mockingbird Lane) - Perimeter
Landscaping B. (P)
2 01SN0131/WP/FEB28I
(STAFF/CPC)
(STAFF/CPC)
Buffers and Fencing.
a)
A twenty-five (25) foot buffer shall be provided along the
southern property line, adjacent to Tax ID 730-674-6423.
This buffer shall comply with Sections 19-520 through 19-
522 of the Zoning Ordinance. In addition to the required
landscaping within this buffer, a minimum eight and one half
(8.5) foot high solid board fence shall be installed, for the
length of the buffer, except where necessary to obtain
adequate sight distance for access to Mockingbird Lane in
which case the height and/or the length of the fence may be
reduced. The exact treatment of the fence shall be approved
at the time of site plan review and approval. At such time
that Tax ID 730-674-6423 is zoned for a non-residential use
or the access is provided as outlined in Proffered Condition
4, this buffer and fence requirement shall be deleted if the
owner of Tax ID 730-674-6423 consents to the removal of
all or part of the buffer or fence.
b)
A split rail fence shall be installed along the eastern property
line adjacent to Tax ID 730-674-7150. If the access is
provided to Tax ID 730-674-7150 per Proffered Condition
4, openings may be provided in the fence to accommodate
the access. The exact treatment of the fence shall be
approved at the time of site plan review and approval. (P)
Access to Adjacent Parcels. The site plan shall identify a
rectangular shaped area (the "Reserved Area") as generally shown
on the plan dated December 27, 2000, prepared by Baskervill &
Son for the purpose of facilitating a future public or private access
road (the "Access") to serve the parcels located to the east and/or
south of the Property (Tax IDs 730-674-6423, 730-674-7150, 730-
674-8233 and 731-674-2579). Within sixty (60) days from a written
request by the Transportation Department all or part of the Reserved
Area shall be dedicated to Chesterfield County or an ingress/egress
easement shall be granted, as determined by the Transportation
Department, to facilitate the Access, if (a) Tax ID 730-674-6423,
7150, 8233 or 731-674-2579 are zoned for non-residential uses; and
(b) the owner of Tax ID 730-674-6423 consents to the removal of
all or part of the fence and buffer provided in Proffered Condition
3 above. The Owner shall not be responsible for the costs
associated with the construction and maintenance of the Access. (T)
3 01SN0131/WP/FEB28I
GENERAL INFORMATION
Location:
Southeast quadrant of the intersection of Hull Street Road and Mockingbird Lane and
known as 6107 Mockingbird Lane. Tax ID 730-674-4350, 5140 and 5630 (Sheet 16).
Existing Zoning:
R-7 with Conditional Use
Size:
1.3 acres
Existing Land Use:
Public utility (telephone switching station)
Ad_iacent Zoning and Land Use:
North ~ O-2 with Conditional Use Planned Development; Office
South - R-7; Single family residential or vacant
East - A with Special Exception; Single family residential with real estate office
permitted as business operated from the home
West - C-2 with Conditional Use Planned Development; Vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along the east side of Mockingbird
Lane, adjacent to the request site. The existing building is connected to the public water
system. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing fifteen (15) inch wastewater trunk line extending along the north side
of Hull Street Road, adjacent to the request site. The existing building is connected to the
public wastewater system. Use of the public wastewater system is required by County
Code.
4 01SN0131/WP/FEB281
Dr_~r. ajg&g_q and Erosion:
The properly drains toward Hull Street Road and then east along Hull Street Road to Swift
Creek. There are no existing or anticipated on- or off-site drainage or erosion problems.
PB__U_B.L_!_C_~ACILITIE$
Fire Service:
This property is currently served by the Clover Hill Fire/Rescue Station, Company
Number 7 and Manchester Rescue Squad. When the property is developed, the number of
hydrants and quantity of water needed for £~re protection will be evaluated during the plans
review process.
Crime Prevention Through Environmental Design (CPTED):
The proposed land use change may generate additional need for police protection.
Chesterfield County, through the Police Department, has incorporated Crime Prevention
Through Environmental Design (CPTED) into the planning process. CPTED is the
implementation of strategies to reduce the frequency, severity and/or fear of crime through
manipulation of the physical environment. The Police Department, upon reviewing this
request, has determined that there is a need to implement CPTED strategies. These
include lighting, landscaping, access control, parking and security measures. If this
request is approved, staff will work with the developer to have these concerns addressed
in conjunction with site plan review.
Transportation:
This request will allow expansion of the existing telephone equipment building on the
property. Traffic generation information is not available for this land use. Vehicles
generated by this development will access via Mockingbird Lane to Hull Street Road
(Route 360) which had a 1997 traffic count of 37,875 vehicles per day.
Included in the Virginia Transportation Development Plan is a project to widen Route 360
to six (6) and eight (8) lanes from Swift Creek to Winterpock Road. The design for this
project is currently underway. Construction is anticipate to begin in Summer 2003.
The Thoroughfare Plan identifies Route 360 as a major arterial with a recommended right
of way width of 120 to 200 feet. The applicant has proffered to dedicate 100 hundred feet
of right of way measured from the centerline of Route 360 in accordance with that Plan,
5 01SN0131/WP/FEB28I
and any additional right of way along Route 360 as identified on the Route 360 widening
plans. (Proffered Condition 1)
The current uses on the adjacent properties to the east and south are single family
residences. The Upper Swift Creek Plan suggests that those adjacent properties are
appropriate for mixed use corridor land uses. Access for the adjacent properties to the east
to a crossover on Route 360 should be provided via Mockingbird Lane. Staff requested that
an access easement be provided to Mockingbird Lane, through the subject property, for
the adjacent properties to the east. The applicant is unwilling to grant the typical access
easement across the subject property. The applicant is only willing, upon request by the
County, to conditionally grant a "rectangular shaped" right of way or access easement
along the subject property's southern boundary (Proffered Condition 4). Two (2)
conditions on granting this access require: 1) the adjacent properties to the east or south
to be zoned for non-residential use; and 2) the property owner of the adjacent parcel to the
south must agree to the removal of a fence and landscaping proposed within the access
area. This right of way/access easement would only provide partial access to the adjacent
properties to the east. Additional right of way or an access easement would have to be
obtained across the adjacent property to the south and combined with this proffered right
of way/access easement in order to provide full access to Mockingbird Lane from the east.
Construction of this access onto Mockingbird Lane may require modification to the
Harbourside Drive/Mockingbird Drive intersection. Because of the existing improvements
on the subject property and because the requested amendment is not anticipated to generate
a significant increase in traffic, staff supports the applicant's proposal.
As part of the initial development on the property, two (2) accesses were constructed onto
Mockingbird Lane. The applicant has prepared a preliminary conceptual plan for additional
improvements to the property. The proposed conceptual plan shows elimination of the
existing Mockingbird Lane access closest to Route 360. At time of site plan review, staff
will recommend that this Mockingbird Lane access be removed as indicated on the
preliminary conceptual plan.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for mixed use corridor use, to include a mixture of corporate office and multi-
family residential uses.
Area Development Trends:
Properties to the west are zoned Corporate Office (0-2) and Neighborhood Business (C-2)
and are currently vacant. Properties to the north are zoned Corporate Office (0-2) and are
6 01SN0131/WP/FEB281
part of the Harbour Pointe development and are occupied by a bank and office uses.
Properties to the east are zoned Agricultural (A) and are occupied by single family
residences and a real estate office. The properties to the south are zoned Residential (R-7)
and Corporate Office (0-2) and are occupied by single family residences located within the
Mockingbird Hill Subdivision development or are vacant.
The Plan suggests that appropriate transitional uses should be provided between uses along
Route 360 and the residential uses outside of the corridor.
Zoning History_:
On April 2, 1975, the Board of Zoning Appeals approved a Special Exception to permit
the construction of a telephone equipment building in a Residential (R-7) District (Case
75A020). In addition, with approval of Case 75A020, a Master Plan was accepted.
On August 3, 1983, the Board of Zoning Appeals approved a Special Exception to permit
the construction and operation of an equipment building at the previously approved
switching station. (Case 83A126)
Site Design:
When the Special Exception (Case 75A020) was granted to allow the telephone switching
station, a condition was imposed requiring compliance with a plan of development which
showed a building approximately 6,170 square feet in area with limited parking (Condition
5, Case 75A020). It is the intent to expand the existing building and parking area. The
proposed expansion does not comply with the approved Master Plan. This amendment
proposes to delete the requirement to comply with the approved Master Plan or plan of
development and to allow expansion of the use in accordance with the other conditions of
the Special Exception plus the proffered condition stated herein. Existing conditions of
Case 75A020 address limiting access to Mockingbird Lane; building and parking setbacks
from Route 360 and Mockingbird Lane similar to those required under today's Zoning
Ordinance and architectural treatment.
The use (telephone switching station/exchange), by today's Zoning Ordinance standards,
is a Corporate Office (0-2) use. If the site were being rezoned to 0-2, development would
be required to meet Emerging Growth District standards which would include perimeter
landscaping. Conditions to require similar setbacks and perimeter landscaping have been
proffered. (Proffered Conditions 2 and 3)
7 01SN0131/WP/FEB28I
Architectural Treatment:
Conditions of approval for Case 75A020 require the building to be designed to have a
residential appearance compatible with area development. The applicant is working with
staff to ensure this requirement is met.
Buffers and Screening:
Currently, the Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,
garbage cans, trash compactors, etc.) on property which is adjacent to an A or R District
be screened from view of such dis~'icts by a masonry or concrete wall which is constructed
of comparable materials to, and designed to be compatible with, the principal building that
such area serves. Further, such areas must be screened from view of other properties and
public rights of way by a solid wall, fence, dense evergreen planting or architectural
feature. Solid waste storage areas within 1,000 feet of any A or R Districts cannot 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 south is zoned Residential (R-7) and is occupied by a single
family residence. If the subject properly were zoned Corporate Office (O-2), the Zoning
Ordinance would require a minimum (50) foot buffer along the southern property boundary
of the request site. The proposed improvements would not accommodate a fifty (50) foot
buff'er. The Zoning Ordinance buffer standards would allow reduction of the width if it
were determined that adequate buffering could be provided in a lessor width. In lieu of
the typical fifty (50) foot buffer, the applicant has proffered twenty-five (25) foot buffer,
consisting of landscaph~g and a solid board fence (Proffered Condition 3). The addition
of a solid board fence will compensate for the lessor width. Further, it should be noted
that the adjacent property to the south has the potential, based upon the adopted Platt, to
be zoned and developed for a non-residential use. Should this occur, the buffer and
fencing could be reduced or eliminated. In addition, should access be provided to adjacent
properties to the south or east, the buffer and fence could be modified or eliminated.
CONCLUSIONS
The proposed use conforms to the Upper Swift Creek Plan which suggests the property is
appropriate for mixed use corridor uses. Such uses would include residential developments of
various densities, corporate office uses, neighborhood comrnemial uses and convenience nodes.
The proposed expansion will have minimal impact on the surrounding area since a facility already
exists on the property. The previous conditions and proffered conditions further insure
compatibility with area development.
8 01SN0131/WP/FEB28I
Given these considerations, approval of this request would be appropriate.
CASE HISTORY
Applicam (11/13/00):
The applicant submitted revised proffers.
Planning Commission Meeting (11/16/00):
At the request of the applicant, the Commission deferred this case to January 16, 2001.
Staff (11/17/00):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 27, 2000, for consideration at the Commission's
January 16, 2001, public hearing. Also, the applicant was advised that a $150.00 deferral
fee must be paid prior to the Commission's public hearing.
Applicant ( 11/20/00):
The application was amended.
Applicant (12/14/00):
The deferral fee of $150.00 was paid.
Applicam (12/28/00):
Revised proffered conditions were submitted.
Applicant (1/16/01):
Revised proffered conditions were submitted.
9 01SN0131/WP/FEB28I
Planning Commission Meeting (1/16/0t):
On their own motion, the Commission deferred this case to February 20, 2001. The
purpose of the deferral was to allow review of the proffers submitted on January 16, 2001.
Staff (1/17/01):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 22, 2001, for consideration at the Commission's
February 20, 2001, public hearing.
Applicant (1/25/01):
The applicant submitted revised proffers.
Planning Commission Meeting (2/20/01):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 28, 2001, beginning at 7:00 p.m., will take
under consideration this request.
10 01SN0131/WP/FEB28I
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N 01SN0131 (AMENDED)
+600 0 6,00 Feet AMEND ~U.sheet #:
HULL STREET ROAD
APPROVED MASTER PLAN
0/$NO/3/-/
HULL STREET ROAD
U.S. ROUTE 360
ACCESS
EASEMENT
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6,00
600 Feet
Buffers and fencing to be
to these parcels.
provided
adjacent
Reference Proffered Condition 3)
Access easement to be identified
to serve t~ese parcels.
{Reference Proffered Condition 4)
01SN0131-3