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00SN0170-FEB23.pdfFebruary 23, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0170 Richard M. Allen Bermuda Magisterial District Northeast quadrant of Iron Bridge and Chalkley Roads REQUEST: Amendment to Conditional Use Planned Development (Case 87S090). Specifically, the alleviation of the requirement for creating a protection and monitor'mg plan of the water quality of the Chester Fishing Club Pond is requested if the specific site does not drain to the pond. PROPOSED LAND USE: A mixed use development to include office, commercial and townhouse/condominium development is planned. The applicant has indicated that initial development will probably be a convenience or drug store at the comer of Chalkley and Iron Bridge Roads. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reason: There is no need for a protection and monitoring plan of the water quality of the Chester Fishing Club Pond for any property which does not drain to the pond. Providing a FIRST CHOICE Community Through Excellence in Public Service. (NOTES: 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 (STAFF/CPC) 1. A plan for protection and monitor'mg of the water quality of the Chester Fishing Club Pond, agreeable to the developers and to the Chester Fishing Club, or as approved by the Environmental Engineering Department based on advice of competent authorities shall be submitted to, and approved by, the Planning Commission prior to any site plan approval for any project that drains to the Chester Fishing Club Pond. (EE) (STAFF NOTE: This proffered condition supersedes Condition 4 of Case 87S090 for the request property only.) (STAFF/CPC) 2. A separator/sediment trap shall be installed on any storm sewer system that drains to the Chester Fishing Club Pond. If this development causes degradation of water quality in the Chester Fishing Club pond via any contaminant, the developers shall provide the necessary remedy to the extent caused by the development on the storm sewer system which drains to the Chester Fishing pond. (EE) (STAFF NOTE: This proffered condition supersedes Condition 5 of Case 87S090 for the request property only.) (STAFF NOTE: Except as stated herein, all other conditions of Case 87S090 remain in effect.) GENERAL INFORMATION Location: North line of Iron Bridge Road, east line of Chalkley Road and located in the northeast quadrant of the intersection of these roads. Tax ID 779-654-8243 (Sheet 26). Existing Zoning: C-2, 0-2 and R-TH with Conditional Use Planned Development Size: 2 00SN0170/WP/FEB23N 21.9 acres Existing Land Use: Health Club or Vacant Adjacent Zoning & Land Use: North - R-7 and R-7 with Conditional Use Planned Development; Single family residential or Vacant South - C-5, C-3 and C-3 with Conditional Use; Commercial East - R-7, R-TH, 0-2 and C-2 with Conditional Use Planned Development; Single family residential or Vacant West - 0-2 with Conditional Use Planned Development and A; Commercial, Single family residential or Vacant UTILITIES Public Water and Wastewater Systems: This amendment will not impact the public water and wastewater systems. The use of the public systems is required by Condition 2 of Case 87S090. ENVIRONMENTAL Drainage and Erosion: At the time of the zoning in 1987, the entire property drained to the east through the Chester Fishing Club Pond. However, since that time, improvements to the Iron Bridge/Chalkley Road intersection, has created an outt:all to accommodate drainage from a portion of the site which bypasses the Chester Fishing Pond. Water Quality: The original condition's intent was to protect the water quality of the Chester Fishing Club Pond. Since a portion of the property does not now drain into the pond, the developer wishes to amend the condition requir'mg that if any part of the property is developed, a plan will be developed for the monitor'mg of the pond's water quality. Specifically, the requested amendment would only require submission of a plan for any ske which drains toward the pond. (Proffered Condkions 1 and 2) Fire Service and Transportation: 3 00SN0170/WP/FEB23N This amendment will have no impact on these facilities. LAND USE Comprehensive Plan: Lies within the boundaries of the Chester Village Plan which suggests that the property is appropriate for mixed use development to include neighborhood commercial and multi- family residential uses. Area Development Trends: The majority of area properties are currently zoned for commercial development. The Chester Village and Central Area Plans suggests that these development trends will continue surrounding the Chalkley/Iron Bridge Roads intersection. The request property, coupled with the adjacent property to the east, is anticipated to be developed for a mixture of commercial, office, single family residential and townhouse/condominium residential uses, consistent with the zoning granted in 1987. Zoning History: On December 7, 1987, the Board of Supervisors approved rezoning of an 81.8 acre tract to Residential-Townhouse (R-TH), Office Business (O) and Convenience Business (B-l) with Conditional Use Planned Development (Case 87S090). A mixed use development with residential, office and commercial uses is planned. Conditions of approval addressed landscaping, utilities, buffers, setbacks, hours of operation, uses and water quality. Conditions 4 and 5 of Case 87S090 addressed water quality by requir'mg a plan for protection and monitoring of the Chester Fishing Club Pond, when the property is being developed. The conditions were established to keep the degradation of the pond's water quality from occurring by run-off from development of the property. CONCLUSIONS At the time of the original zoning, the drainage for the entire property which was the subject of the original zoning, ran to the Chester Fishing Club Pond. Since that time, improvements at the intersection of Chalkley and Iron Bridge Roads has created an outfall to accommodate drainage from a portion of the site which bypasses the pond. Therefore, approval of the amendment to the water quality conditions to be only applicable when the site drains to the Chester Fishing Club Pond would be appropriate. 4 00SN0170/WP/FEB23N It should be noted that this amendment will only apply to the portion of the property which is the subject of this application and will not apply to the entire property which was the subject of the originally zoning, Case 87S090. CASE HISTORY Planning Commission Meeting (1/18/00): The applicant accepted the recommendation. There was one (1) person present who expressed concerns that this amendment may affect the water quality of the Chester Fishing Pond. It was explained that this amendment would not affect the requirements for any site which drains to the pond and therefore, there should be no impact on the pond from this amendment. There was no opposition present. On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval of this request and acceptance of the proffered conditions on page 2. AYES: Unanimous. The Board of Supervisors, on Wednesday, February 23, 2000, beginning at 7:00 p.m., will take under consideration this request. 5 00SN0170/WP/FEB23N R-15 c zc A N I-1 A 'A Case #: 00SN0170 AMEND C.U.P.D. Sheet #: 26 ! ! ! ! ! I ! ! I-3 I-3 I-3 I-3 Case #: 00SN0159 C.U.P.D. Sheet #: 18 O0.