Loading...
09SN0118~~tF~EI,p ~~:, ~~ti --~ ca~~'';. .v ~ ~ e,~ !' ~ ~~ ~ti, I rY~ ry ! ~;li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 09SN0118 .,l,or 71 7(1(1Q (~'l~(~' November 19, 2008 BS Broad Street Partners Commercial LLP Bermuda Magisterial District East line of Jefferson Davis Highway RE VEST: Rezoning from Agricultural (A) to Community Business (C-3) Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: Commercial uses are planned. The development is to be incorporated into the proposed Broad Street Partners development recently approved on adjacent property. (Textual Statement) PLANNING COMMISSION RECOMMENDATION RECOMMENDED APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. AYES: MESSRS. BASS, BROwN, HASSEN, AND wALLER. ABSENT: MR. GULLEY. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land uses conform to the Jefferson Davis Highway Corridor Plan which suggests the property is appropriate for general commercial use. Providing a FIRST CHOICE community through excellence in service B. The requirements of the Zoning Ordinance along with proffered conditions and the Textual Statement further ensure quality development and compatibility with anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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) The Owners and the Developers for themselves and their successors or assigns (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, proffer that the development of the property known as Chesterfield County Tax Identification Numbers 798-657-3352 and 798-657-9266 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for C-3 with a conditional use planned development (CUPD) 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. (STAFF/CPC) 1. Master Plan. The Textual Statement dated August 11, 2008, shall be considered the Master Plan for the development. (P) (STAFF/CPC) 2. Timberin . 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 installed. (EE) (STAFF/CPC) 3. Utilities. The public water and wastewater systems shall be used, except for sales facilities and/or construction offices. (U) (STAFF/CPC) 4. Access. There shall be no direct vehicular access from the Property to Jefferson Davis Highway (Route 1), unless otherwise approved by the Transportation Department. (T) (STAFF/CPC) 5. Dedication. Prior to any site plan approval or within sixty (60) days from the date of a written request by the Transportation Department, whichever occurs first, sixty (60) feet of right-of way on the east side of Jefferson Davis Highway (Route 1) measured from the centerline of that part of Jefferson Davis Highway (Route 1) immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 2 09SN0118-NOV19-BOS-RPT GENERAL INFORMATION T ,n~atinn~ East line of Jefferson Davis Highway, south of Perdue Springs Drive. Tax IDs 798-657- 3352 and 9266. Existing Zoning: A Size: 4.1 acres Existing Land Use: Single-family residential or vacant Adjacent Zoning and Land Use: North, South, East and West - C-3 with Conditional Use and Conditional Use Planned Development and C-5; Commercial, manufactured home park (closing) or vacant T TTTT TTTF C Public Water System: The request site is within the Dutch Gap/Bermuda Water Pressure Zone. There is an existing twenty-four (24) inch water line extending along the east side of Jefferson Davis Highway within an easement across this site. Use of the public water system has been proffered. (Proffered Condition 3) Public Wastewater System: The request site is within the Proctor's Creek Sewer Service Area. There is an existing twelve (12) inch wastewater trunk line extending along a tributary of Proctor's Creek approximately 1200 feet northeast of this site. Use of the public wastewater system has been proffered. (Proffered Condition 3) 3 09SN0118-NOV19-BOS-RPT ENVIRONMENTAL Drainage and Erosion: The subject property drains to the east and then via tributaries to the James River. There are currently no on- or off site drainage or erosion problems and none are anticipated after development. The property is currently wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering (Proffered Condition 2). This will ensure that adequate erosion control measures are in place prior to any land disturbance. PUBLIC FACILITIES Fire ~ervice~ The Dutch Gap Fire Station, Number 14, and Bensley Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. Transportation: The subject property is approximately four (4) acres located along the east side of Jefferson Davis Highway (Route 1/301). The applicant is requesting rezoning from Agricultural (A) to Community Business (C-3) with Conditional Use Planned Development. 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 and a density of 10,000 square feet per acre, development of the property could generate approximately 3,800 average daily trips (ADT). These vehicles will be distributed along Route 1/301, which had a 2006 traffic count of 25,278 vehicles per day between Route 10 and Route 288. Based on the current volume of traffic it carries during peak hours, Route 1 is a four-lane highway that accommodates (Level-of Service C) the volume of traffic it currently carries. No public road improvements in this part of the county are currently included in the Six-Year Improvement Program. The Thoroughfare Plan identifies Route 1 /3 01 as a maj or arterial with a recommended right-of way width of 120 to 200 feet. The applicant has proffered to provide right-of way dedication consistent with the Thoroughfare Plan. (Proffered Condition 5) Access to major arterials, such as Route 1/301, should be controlled. The applicant has proffered no direct vehicular access to Route 1/301, unless otherwise approved by the Transportation Department (Proffered Condition 4). In January 2008, the Board of Supervisors approved Zoning Case 07SN0386, Broad Street Partners Commercial LLP, on the adjacent property, consisting of approximately 190 acres to Community Business (C-3). With that zoning approval, the Board accepted proffered conditions relative to 4 09SN0118-NOV19-BOS-RPT transportation that, among other things provided for limited vehicular access to Route 1/301. The applicant has indicated that the property will be developed in conjunction with the property included in the previous zoning case; therefore, access will be provided through the adjacent property. The traffic impact of this development must be addressed. When combined with those adjacent parcels in Zoning Case 07SN0386, conditions of zoning on those parcels must be addressed relative to access and road improvements. This rezoning request would access via the previous zoning case; therefore, associated road improvements would need to be provided. VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Analysis (TIA) requirements, have been enacted. The applicant has indicated that this request does not warrant a Chapter 527 Traffic Impact Analysis. On July 1st, VDOT also enacted access management regulations along principal arterial roadways, such as Route 1/301. These regulations may impact the access to this development. 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. At time of site plan review, specific recommendations will be provided regarding access and internal circulation. T , ANn 1 IMF, Comprehensive Plan: Lies within the boundaries of the Jefferson Davis Highway Corridor Plan which suggests the property is appropriate for general commercial use. Area Development Trends: The area is characterized by a mixture of commercial and residential uses to the north along Osborne Road and commercial or vacant properties to the west along Jefferson Davis Highway and to the south and east. A mix of residential, commercial and industrial uses is anticipated to continue in the area, as suggested by the Plan. Site Design: The property is proposed for Community Business (C-3) zoning with Conditional Use Planned Development to permit exceptions to Ordinance requirements and is intended to be incorporated into a proposed adjacent mixed-use project consisting of residential, commercial, and industrial uses. The request property lies within the Jefferson Davis Highway Corridor District. Unless specifically regulated by proffered conditions and the Textual Statement, redevelopment 5 09SN0118-NOV19-BOS-RPT of the site or new construction must conform to the requirements of the Zoning Ordinance, which include standards to encourage reinvestment and revitalization of the area. Such standards address access, parking, landscaping, architectural treatment, setbacks, signs and screening. Par ink: It is requested that on-street parking be allowed to count towards the required number of parking spaces (Textual Statement II. A.2.b.). In order to remain consistent with parking standards on adjacent property, Staff supports this exception. Except for the provision of counting on-street parking as discussed above, parking will be calculated based on Zoning Ordinance requirements. CONCLUSIONS The proposed zoning and land uses conform to the Jefferson Davis Hi h~way Corridor Plan which suggests the property is appropriate for general commercial use. In addition, the requirements of the Zoning Ordinance along with the proffered conditions and Textual Statement further ensure quality development and compatibility with anticipated area development. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (10/21/08): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Hassen, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Bass, Brown, Hassen and Waller. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, November 19, 2008, beginning at 6:30 p.m., will take under consideration this request. 6 09SN0118-NOV19-BOS-RPT r i r ~ t ~ ~ S I-95 ~ ~ ~ ~ - ~ l ' 1 ~ ~ \ N ~ ~ M . . ~ ~ ~ U ~ i „ ~ ` ~, ~ ~ ~~ _-- ~ ~ ~ ~ G~ _~ , p ~< ~ ~ i ~ ~~ ~~ ~ m ~~ ~ ~ 0 r ~ W ~ 7 U N ~ ~ N r \ ~ ~ I ~ ::: v ~ ~ ~ ~ 1 ~; .. U ~ ~ l ::: o w 1 ~ ~ ~. ~ ~ 1 ~:~ ~ ~ ~ ~ ~ ::: U U ~ ~ :~ ~ •-r ~ ^ I ~~ J ~ \ ~ ` ~ ^ ~ ~N 1• ~ , ~ ^ I~ I Q ~ ~ ~ ~.~ I"M~~ N ~ ~ ~ _- -'~ I~ U N ~ II y pA ~ - I ON _ ~ R ~ I ~ E ~ N ~E .. 1 _ ~ ~ o N _ ~ ,,^^ N r 1 ~ V, I I' W ^ ~,J ~ ~~ "r W M U , ~ ^ ~ " , Z (n ~ U o ~ U' - ~ M a ~ ~~ ~ U v, -' o~V! ~~ W I ~ ` ~~ I ~ 1 RDUE Q ~ w U U Q N ~ ~ °~ „HILLSI ~ E _ _ 0 ~ ~ ~ ~ y 1 ~~ U W , ~ Q ~ V ~` 1~ 2 t~ ~. N ~ o ~ ~n M ~ 'a ~. ~ o o. ~ ~ ~ o r a ~ o r .. c~ O N o Z ~ °o ~ ~ ~ ::