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99SN0311-FEB9.pdfFebruary 9, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0311 Realticorp Clover Hill Magisterial District 8238 and 8260 Hull Street Road REOUEST: Rezoning from Agricultural (A) to Community Business (C-3). PROPOSED LAND USE: Commercial uses are planned. However, with approval of this request other C-3 uses would be permitted, except as restricted by Proffered Condition 5. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. (NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, THE COUNTY ATTORNEY HAS RULED THAT PROFFERED CONDITION 5.D. RELATED TO THE PROHIBITION OF ESTABLISHMENTS PERFORMING ABORTIONS, AS CONSIDERED BY THE COMMISSION IS ILLEGAL. THEREFORE, THE APPLICANT WITHDREW THAT PART OF PROFFERED CONDITION 5.D. SINCE THE WITHDRAWAL WAS NOT SUBMITTED IN ACCORDANCE WITH THE BOARD'S PROCEDURES, THE BOARD MUST SUSPEND THEIR RULES TO CONSIDER THE CHANGE.) STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land uses conform to the Route 360 Corridor Plan which suggests the property is appropriate for community mixed uses including shopping centers, other commercial establishments and office uses. Providing a FIRST CHOICE Community Through Excellence in Public Service. The request property is located in the Route 360 Corridor Focus Area, as designated in the Route 360 Corridor Design Guidelines. The Corridor Focus Area is identified as an opportunity site suited for a unified development scheme, to include commercial uses, that features a community/corridor focus. The requirements of the Zoning Ordinance and the Route 360 Corridor Design Guidelines coupled with the proffered conditions ensure that uses on the request property will develop in a manner that implements the goals of the Guidelines. (NOTE: THE ONLY CONDITION THAT MY 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. Utilities. The public wastewater system shall be used. (U) (STAFF/CPC) 2. Landscaped BMPs. Any facilities required for water quantity or quality control located within any setbacks along public fights-of-way shall be designed as wet ponds and shall be landscaped or otherwise improved so that the facilities become visual enhancements to 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 Commission for review and approval. (EE) (STAFF/CPC) 3. Access. Direct access to Route 360 shall be limited to one (1) entrance/exit, located approximately midway on the Property's Route 360 frontage. The exact location of this access shall be approved by the Transportation Department. (T) (STAFF/CPC) 4. Road Improvements. Prior to issuance of any occupancy permits, additional pavement shall be constructed along and adjacent to the westbound lanes of Route 360 at the approved access referenced in Proffer 3 above to provide a fight turn lane. The Developer shall be responsible for dedication to Chesterfield County, free and unrestricted, any additional fight-of-way (or easements) required for this improvement. (T) 2 99SN0311/WP/FEB9H (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) Use Exceptions. The following uses shall not be permitted: business schools; cocktail lounges, dining halls and nightclubs, but not including sit-down restaurants or cafeterias; hotels do any establishment having a substantial or significant portion of its practice performing abortions; (NOTE: THIS PART OF PROFFERED CONDITION 5 HAS BEEN WITHDRAWN.) funeral homes or mortuaries; group care facilkies; and grocery stores. (P) Architectural Treaunent Review. The archkectural treaunents, colors and materials shall be compatible with archkectural treaunents, colors and materials of any approved development on GPIN 758-692-6191, 758-692-6671, 758-692-7355, 759-692-4750 and part of 759-692- 0593. Prior to or in conjunction wkh f'mal ske plan review, restrictive covenants shall be recorded which include that the architectural treaunent of the buildings shall be reviewed by an architectural review committee composed of representatives of the Developer and a person appointed by the Route 360 Corridor Committee. (P) Notification of Site Plan. The Owner/Developer shall be responsible for notifying, in writing, of the submission of site plans to the following: (I) the last known contact/representative on file with the County Planning Depamnent of the Route 360 Corridor Committee; and (ii) the last known president or representative on file with the County Planning Depamnent for the civic associations of Surreywood, Bexley, Longwood Acres and Forestdale. Such notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the plan. The Owner/Developer shall provide a copy of the notification letter to the Planning Deparunent. (P) 3 99SN0311/WP/FEB9H (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. 11. 12. 13. Cross Access Easements. Prior to any site plan approval, a cross access easement for vehicular and pedestrian traffic, acceptable to the Transportation Department, across the Property from the western boundary of the Property [adjacent to GPIN 759-692- 4750 and 759-692-0593] to Hull Street Road shall be recorded. (T) Prior to site plan approval, a cross access easement for vehicular and pedestrian traffic, acceptable to the Transportation Deparunent, shall be recorded across the Property to ensure shared use of the access to Hull Street Road to adjacent properties. This cross access easement may be recorded in phases as approved by the Transportation Depamnent. (T) Site Plan Submission. Site plans shall be submitted to the Planning Commission for review and approval. (P) Hours of Operation. Except as stated herein, no uses shall be open to the public between the hours of 12 midnight and 6:00 a.m. The drive- through window for a drug store use may be open to the public 24 hours a day. (P) Signage. Freestanding business identification signs for any buildings located on the Property shall comply with the requirements of Section 19-644 (2) m. of the Development Standards Manual for all other buildings when located within shopping centers. These signs shall be monument style signs. (P) Severance. The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer. (P) Outside Public Address Systems. Outside public address systems shall not be used on the Property. No conditional use or other approval shall alter this condition. (P) 4 99SN0311/WP/FEB9H GENERAL INFORMATION Location: Fronts the north line of Hull Street Road, better known as 8238 and 8260 Hull Street Road. Tax ID 759-692-6088 and 759-693-Part of 8413 (Sheet 11). Existing Zoning: A Size: 13.7 acres Existing Land Use: Single family residential Adjacent Zoning & Land Use: North - A; Vacant South - C-2, C-3 and A; Commercial or vacant East - A and A with Conditional Use; Single family residential or commercial West - C-3; Vacant (proposed Harmaford development) UTILITIES Public Water System: There is an existing twenty-four (24) inch water line along the north side of Hull Street Road, adjacent to the request site. Use of the public water system is required by County Code. Public Wastewater System: There is an existing thirty-three (33) inch wastewater trunk line extending along Pocoshock Creek, approximately 2,400 feet northeast of the request site. In addition, there is an eight (8) inch wastewater collector now under construction to serve the adjacent Hannaford's development approximately 300 feet west of the request site. Use of the public wastewater system is intended and has been proffered by the applicant. (Proffered Condition 1) 5 99SN0311/WP/FEB9H ENVIRONMENTAL Drainage and Erosion: The proposed site drains to the northeast via small tributaries to Pocoshock Creek. There are no known, on-site or off-site drainage or erosion problems with none anticipated after development. However, due to the configuration of the parcels, it appears that off-site drainage easements will be necessary to provide an adequate outfall for the development of the property. The applicant has proffered that any retention/detention facilkies located within setbacks along public fights of way will be designed and installed as visual amenities. (Proffered Condkion 2) PUBLIC FACILITIES Fire Service: This property is currently served by the Manchester Fire/Rescue Station, Company Number 2 and Manchester 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. Also, the need for ingress/egress for emergency equipment will be determined during the review of the aforementioned plans. Transportation: This request will not limk development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on shopping center trip rates, development could generate approximately 8,370 average daily trips. These vehicles will be distributed along Hull Street Road (Route 360) which had a 1997 traffic count of 36,980 vehicles per day. Development must adhere to the Zoning Ordinance relative to access and internal circulation (Article 5). Access to major arterials, such as Route 360, should be controlled. The applicant has proffered that direct access to Route 360 will be limited to one (1) entrance/exit, located approximately midway of the property frontage. (Proffered Condition 3) Mkigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to construct addkional pavement along Route 360 at the approved access to provide a right turn lane. (Proffered Condition 4) The adopted Route 360 Corridor Plan suggests communky mixed use for the area located in the northeast comer of the Hicks Road/Route 360 intersection. The Plan recommends the 6 99SN0311/WP/FEB9H development of a grid system of interconnecting roads and driveways for this area. This type of road network would facilitate travel between sites without necessitating travel on Route 360 or Hicks Road. The applicant has proffered to provide an access easement from the western property line across the subject property to Route 360 (Proffered Condition 8.a.) The applicant has also proffered to provide an access easement across the subject property to ensure shared use of the access to Route 360 with other adjacent properties. (Proffered Condition 8.b.) At time of site plan review, specific recommendations will be provided regarding access and internal circulation. LAND USE Comprehensive Plan: Lies within the boundaries of the Route 360 Corridor Plan which suggests the property is appropriate for community mixed use development. In particular, the Plan notes that, with the exception of multi-family or townhouse uses, the request property is appropriate for C-3 type uses if development occurs in a manner that is consistent with the site layout and design concepts contained in the Route 360 Corridor Design Guidelines. Area Development Trends: Area development is characterized by a mix of commercial and agricultural zoning and land uses along the Route 360 Corridor. Area development north and south of the corridor is characterized by residential zoning and land uses. The Route 360 Corridor Plan anticipates construction of a loop road between Hicks and Hull Street Roads to serve the area located in this quadrant. The Plan suggests that property south of the loop road be developed for community mixed uses (C-3 type uses) and property north of the loop road be developed for mixed uses to include residential developments, corporate office uses to include office/warehouse and public facilities. A Hannaford's grocery store is currently being developed adjacent to the request site. This proposal is anticipated to be the second phase of an ultimate development which incorporates the mixture of uses suggested as appropriate by the Plan. Zoning History: A rezoning request was previously filed on this property on June 16, 1997 (Case 97SN0293). The application and proffered conditions were very similar to the current request, except that the original application included a request for a Conditional Use to permit an outside public address system. The current proposal excludes this as a permitted use (Proffered Condition 5.h.). The original request was recommended by the Planning Commission for approval to 7 99SN0311/WP/FEB9H the Board. However, after several deferrals before the Board, the applicants withdrew their request on November 24, 1998. Site Design: The request property lies within the Hull Street Road Emerging Growth Area and is also located along that portion of Hull Street Road subject to the requirements of the Route 360 Corridor Design Guidelines (Corridor Focus Zone). New construction must conform to the applicable development standards which address access, parking, landscaping, architectural trea1~nent, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. The applicant has proffered to restrict the uses on the property (Proffered Condition 5). Primary access will be provided via Hull Street Road. Within the Corridor Focus Zone, special development standards, as outlined in the Corridor Design Guidelines, would apply to any development on the request property and surrounding area. These standards require special landscaping and street trees and suggest that sidewalks, street lights and other design features should be utilized to increase that aesthetic and pedestrian appeal and facilitate pedestrian and vehicular movements between uses. Specifically, the Guidelines recognize that the request property and surrounding area present a unique opportunity to cluster projected retail and other uses in response to an overall plan which incorporates existing and proposed streets, roads and driveways into a grid of circulation that will interconnect sites with adjacent neighborhoods and developments. Features which should be incorporated to provide physical and visual continuity throughout the zone are: sidewalks; street trees; street lights; and park-like spaces along Hull Street Road which are designed to accommodate severe changes in topography and incorporate setbacks and stormwater facilities; uniquely designed outparcel sites and buildings; and multiple smaller parking areas def'med and/or segregated by buildings or large scale street trees. Buildings or groups of buildings must be designed such that vehicular and pedestrian access is provided between the buildings or groups of buildings similar to city blocks. The design must facilitate pedestrian and vehicular access between uses oriented toward the Proposed Loop Road, north of the request property and the uses oriented toward Route 360. Buildings must be designed to front along vehicular/pedestrian access features with entrances, display windows and/or other features to encourage pedestrian activity. At the time of site plan review for any development on the request property, consideration must be given to how these requirements, as they apply to this ske, would be accomplished. The applicants have proffered to notify the last known representatives of the Route 360 Corridor Committee and the Surreywood, Bexley, Longwood Acres and Forestdale civic associations at least twenty-one (21) days prior to the approval for each site (Proffered 8 99SN0311/WP/FEB9H Condition 7). Further, the applicant has proffered that site plans would be submitted to the Planning Commission for approval. (Proffered Condition 9) Signs: The applicant has proffered that any freestanding business identification signs will comply with requirements for outparcel signs in a shopping center. (Proffered Condition 11) Hours of Operations: The applicant has proffered that the development will not be open to the public between the hours of 12 midnight and 6:00 a.m. except that the drive-through window for a drugstore use may be open to the public 24 hours a day. (Proffered Condition 10) Architectural Treatment: Architectural treaunent 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 different 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 except those not visible from beyond the project must be minimized from view of adjacent property and public rights of way by landscaping or architectural treaunent integrated with the building served. 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. In addition, the Route 360 Corridor (Corridor Focus) standards require that the architectural treatment of buildings, including materials, color and style, be compatible with buildings located within the same project or within the same block or directly across any road, as determined by the Director of Planning. Compatibility may be achieved through the use of similar building massing, materials, scale, colors or other architectural features. The 9 99SN0311/WP/FEB9H applicant has proffered architectural trea1~nent, color and materials compatible with that of the Hannaford's development. (Proffered Condition 6) In addition, the applicant has agreed to record restrictive covenants which would require that the architectural treatment be reviewed by a committee composed of representatives of the developer and a person appointed by the Route 360 Corridor Committee. It should be noted that the County will not be responsible for enforcing the restrictive covenants, only that they be recorded. Once recorded, the restrictive covenants may be changed. (Proffered Condition 6) Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) on property adjacent to A, R, R-TH or R-MF Districts 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 A, R, R-TH or R-MF District shall 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. 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 outside storage is not permitted and from public rights of way. CONCLUSIONS The proposed zoning and land uses conform to the Route 360 Corridor Plan which suggests the property is appropriate for community mixed uses. In addition, the request property is located in the Route 360 Corridor Focus Area, as designated in the Route 360 Corridor Design Guidelines. The Corridor Focus Area is identified as an opportunity site suited for a unified development scheme that features a community/corridor focus. The Zoning Ordinance, which incorporates the Route 360 Corridor Design Guidelines, ensures that uses on the request property and in the surrounding area develop in a manner that is compatible with the goals of the Guidelines and the adopted Plan. Given these factors, approval of this request is recommended. 10 99SN0311/WP/FEB9H CASE HISTORY Planning Commission Meeting (8/17/99): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Shewmake, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 4. AYES: Unanimous. Board of Supervisors' Meeting (9/8/99): At the request of the applicant, the Board deferred this case to October 27, 1999. Staff(9/9/99): The applicant was advised in writing that any significant new or revised information should be submitted no later than September 28, 1999, for consideration at the Board's October public hearing. The applicant was also advised that a $250.00 deferral fee was due. Applicant (9/21/99): The deferral fee was paid. Applicant (10/25/99): As a result of a decision by the County Attorney's Office, staff advised the applicant that Proffered Condition 5.d. is illegal and therefore, should be withdrawn. Board of Supervisors' Meeting (10/27/99): At the request of the applicant, the Board deferred this case to December 15, 1999. 11 99SN0311/WP/FEB9H Staff ( 10/28/99): The applicant was advised in writing that any significant new or revised information should be submitted no later than November 2, 1999, for consideration at the Board's December public hearing. The applicant was also advised that a $150.00 deferral fee was due. Staff (11/29/99): The deferral fee was paid. Board of Supervisors' Meeting (12/15/99): At the request of the applicant, the Board deferred this case to January 26, 2000. Staff (12/16/99): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 21, 1999, for consideration at the Board's January public hearing. The applicant was also advised that a $250.00 deferral fee was due. Staff (1/13/00): To date, no new information has been received nor has the $250.00 deferral fee been paid. Board of Supervisors' Meeting (1/26/00): Due to inclement weather, the Board deferred this case to February 9, 2000. Applicant (1/27/00): The deferral fee was paid. 12 99SN0311/WP/FEB9H Applicant (2/2/00): Based upon the advice of the County Attorney's Office, Proffered Condition 5.d. was withdrawn. The Board of Supervisors, on Wednesday, February 9, 2000, beginning at 7:00 p.m., will take under consideration this request. 13 99SN0311/WP/FEB9H A C-2 C-3 Case: 99SNO311 Rezoning: A TO C-3 Shee~: 11