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09SN0103~~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 09SN0103 Potts, Minter & Assoc., P.C. Dale Magisterial District East line of Iron Bridge Road 4c Tor 71 7nnQ rpr l~Tn~~Aml~Ar 1 Q ~nnQ rnr December 17, 2008 BS RE VEST: Rezoning from Residential (R-7) and Agricultural (A) to General Business (C-5) plus Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: Commercial and office uses, as limited in Proffered Condition 5, are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposed zoning and land use fail to conform to the Central Area Plan which suggests the property is appropriate for a mixture of residential developments of varying densities and offices. B. The proposal fails to provide customary road improvements to mitigate the traffic impacts to Route 10, as discussed herein. (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 Providing a FIRST CHOICE community through excellence in public service A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (CPC) 1. Master Plan: The Textual Statement, last revised on October 30, 2008, shall be considered the Master Plan. (P) (CPC) 2. Dedication: Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, sixty (60) feet of right of way on the east side of Iron Bridge Road (Route 10), measured from the centerline of that part of Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) (CPC) 3. Access: A. Direct vehicular access from the property shall be limited to one (1) entrance/exit, generally located at the southern property line. The exact location of this access shall be approved by the Transportation Department. B. Prior to any site plan approval, an easement, acceptable to the Transportation Department, shall be recorded across the property to provide shared use of this access with the adjacent property to the south. (T) (CPC) 4. Noise: A. Outdoor music and equipment used during special events, including but not limited to speakers, amplifiers, microphones, live music, radios and disc j ockeys, shall only be permitted between the hours of 8:00 A.M. and 10:00 P.M., Sunday through Thursday, and between the hours of 8:00 A.M. and midnight on Fridays and Saturdays. B. The special events uses shall be designed and operated so as not to generate noise levels above 60 dB(A), as measured at the property boundaries. Prior to site plan approval, information shall be submitted to the Planning Department for their review and approval to confirm compliance with this condition. (P) 2 09SN0103-DEC17-BOS-RPT (CPC) 5. Permitted Uses: The following uses shall be permitted: A. Special events business to permit events such as weddings, receptions, birthday parties, luncheons and similar social gatherings; B. Indoor recreational use for non-profit organizations, such as bingo, raffles or similar fund raisers; C. A cumulative total of 2,500 gross square feet of business and professional offices; D. Fraternal uses; E. Catering establishments; F. Churches and/or Sunday schools; and G. Schools-commercial, trade, vocational and training. (P) GENERAL INFORMATION T ,n~ati nn East line of Iron Bridge Road, south of Country Manor Lane. Tax IDs 776-684-4525 and 4613. Existing Zoning: A and R-7 Size: 2.1 acres Existing Land Use: Single family residential Adjacent Zoning and Land Use: North - A & R-TH; Public/semi-public (fire station) and single family residential South and East - R-7; Single family residential West - R-9; Single family residential or vacant T TTTT ,TTTF,C Public Water System: The request site is within the Courthouse Water Pressure Zone. There is an existing sixteen (16) inch water line extending along the west side of Iron Bridge Road within an easement opposite the request site. From the sixteen (16) inch line, a six (6) inch water line extends 3 09SN0103-DEC17-BOS-RPT across Iron Bridge Road to serve the adjacent fire station. The existing structure connected to the public water system. Use of public water is required by County Code for any new development/structures. Public Wastewater S,, sue: The request site is within the Falling Creek Sewer Service Area. There is an existing eight (8) inch wastewater collector line extending along the east side of Iron Bridge Road within an easement across the request site. The existing structure is connected to the public wastewater system. Use of the public wastewater system is required by County Code for any new development/structures. ENVIRONMENTAL Drainage and Erosion: The subject property drains to the rear and then via an existing easement to Cogbill Road and tributaries of Kingsland Creek. There are currently no known on- or off site drainage or erosion problems and none are anticipated after development. Although there is a drainage easement to the rear that drains this property and others, an off site easement will be necessary to access the existing drainage easement. PUBLIC FACILITIES Fire Service: The Dale Fire Station, Company Number 11, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. Transportation: The property (2.1 acres) is located on the east side of Iron Bridge Road (Route l o), north of the Cogbill Road intersection. The applicant is requesting to rezone from Residential (R-7) and Agricultural (A) to General Business (C-5). The Transportation Department cannot support this request because the applicant is unwillingly to provide road improvements to mitigate the traffic impacts. This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. The applicant intends to develop the property for a Fraternal Order of Police (FOP) lodge. There is no available traffic generation data for a fraternal lodge. The applicant has proffered to limit some land uses that would be permitted in C-5. Based on a 2,500 square foot single tenant office building, development of the property could generate approximately 130 average daily trips (ADT). Traffic from this development will be initially distributed along Route 1 o which had a 2006 traffic count of 3 5,278 vehicles per day and was functioning beyond capacity (Level of Service F) from Cogbill Road to 4 09SN0103-DEC17-BOS-RPT Chippenham Parkway (Route 150). No public road improvements in this part of the county are currently included in the Six-Year Improvement Plan. The Thorou hfare Plan identifies Route 10 as a major arterial with a recommended right-of way width of 120 to 200 feet. The applicant has proffered to dedicate sixty (60) feet ofright- of way measured from the centerline of Route 10 in accordance with that Plan. (Proffered Condition 2) Access to major arterials, such as Route 10, should be controlled. The applicant has proffered to limit direct vehicular access to one (1) entrance/exit along Route 10, generally located at the southern property line, and to provide an access easement to ensure shared access with the property to the south. (Proffered Condition 3) The traffic impact of this development must be addressed. To address the traffic impact of this request, an additional lane of pavement along the entire property frontage and a right turn lane into the proposed access along Route 10 should be provided. when asked, the applicant was unwilling to provide these customary road improvements. 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 10. These regulations may impact the proffered access along Route 10, by not allowing any access to Route 10 for the proposed 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. without a commitment to provide road improvements to mitigate the traffic impacts to Route 10, the Transportation Department cannot support this request. Virginia Department of Transportation (VDOT): The threshold for the net increase of the traffic volume generated shall be verified and Traffic Impact Analysis under the provisions of Chapter 527 shall be submitted if warranted. Iron Bridge Road is a Principal Urban Arterial with a speed limit of 45 MPH. The proposed connection to Iron Bridge Road is subject to meet Access Management Regulations for Principal Arterials 24 VAC 30-72 and shall be limited to Partial Access Two Way Entrance (right in/right out) if the spacing of 325 feet centerline to centerline to the existing commercia entrances are met. A right turn lane with dimensions according to current VDOT standards shall be provided if VDOT warrants are met. All improvements to existing transportation facilities required as a result of the impact of this project shall be the responsibility of the developer. Approval of detailed construction 5 09SN0103-DEC17-BOS-RPT plans is a prerequisite to issuance of a land use permit allowing access onto and construction within state maintained rights of way. It should be noted that approval at this time does not preclude the imposition of additional requirements at construction plan review. The design of any/all proposed landscape embellishments (i.e., landscaping, hardscaping, signage, lighting, irrigation, fencing, etc.) to be installed within state maintained rights of way must be submitted to VDOT for review as separate submittal under Permit Process. VDOT approval of said plan shall be granted prior to installation. Failure to comply with these requirements may result in the removal of said embellishments prior to state acceptance. Specific street design issues shall be addressed at the time of detailed geometric and hydraulic review of construction plans for this project. It should be noted that minimum intersection sight distance requirements are addressed in the current edition of the VDOT Minimum Standards of Entrances to State Highways. Intersection sight distance shall not be compromised. Appropriate sight distance easement might be required. T,ANT~ TT~F, Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for a mix of uses to include residential development of various densities, except multi-family, as well as professional, business, industrial and administrative offices. The Plan seeks to minimize the possibility of strip commercialization of the Route 10 Corridor by suggesting appropriate commercial nodes at strategic locations along the corridor. Specifically, the Plan has identified such nodes at the intersection of Iron Bridge Road with Chippenham Parkway and Irongate and Kingsland Roads. The Plan suggests transitional land uses along other portions of the corridor, such as office and residential uses. In addition, the Plan encourages appropriate land use transitions be provided between existing and future residential development and higher intensity uses throughout the area and suggests that aggregation may be necessary to allow sufficient land to provide appropriate buffers and land use transitions. Area Development Trends: The majority of the properties to the north and west have been, and continue to be, developed for residential uses. A public/semi-public use (fire station) is also located on property to the north. Acreage properties to the south, east and west are occupied by single family residential uses. The Plan anticipates continued residential and office development in this area as transitional uses between existing and planned residential development and higher intensity uses. 6 09SN0103-DEC17-BOS-RPT Zonin H.~ istory: On May 24, 2000, the Board of Supervisors upon a favorable recommendation by the Planning Commission approved rezoning from Residential (R-7) to Agricultural (A) with Conditional Use (Case OOSN0221) to permit a contractor's office within an existing dwelling located on the northern 1.1 acre portion of the request property. Although a contractor's office is generally considered a commercial use, approval was granted subject to numerous conditions which limited the scale, character and intensity of the operation to that of a business office. Conditions placed a time limit on the approval, addressed hours of operation, deliveries and access, and prohibited signage, outside storage, dumpsters, exterior lighting (other than security lighting) and any additions or alterations to the existing structure. Uses: Except for the special events business which is categorized as a General Business (C-5) use due to the permitted outdoor activities, uses would be limited to community-scale commercial and office uses including, a cumulative total of 2500 gross square feet of business offices (Proffered Condition 5). As previously noted, the Central Area Plan suggests office uses and single family residential use of varying densities, not commercial use, would be appropriate. Design Standards: The request property lies within an Emerging Growth District Area. The Zoning Ordinance specifically addresses access, landscaping, architectural treatment, setbacks, parking, signs, buffers, utilities and screening. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed proj ects. Development of the request property will be subj ect to these Ordinance standards except that the applicant has requested exceptions to the side yard setback requirement, as outlined in the Textual Statement and discussed below. ~Ptha~kc~ A reduced side yard setback of ten (10) feet for buildings, parking areas and drives is proposed from the northern property boundary adjacent to the fire station property (tax ID 776-684-4242), as outlined in the Textual Statement. The Ordinance would require a thirty (30) foot setback from side property boundaries. Except for this reduced side yard setback adjacent to the fire station property, all other setback requirements would be met. Staff supports a reduction in the side setback as requested. while the Ordinance does not permit a reduction in setbacks for commercial uses when they are adjacent to properties zoned agriculturally or residentially, in this case, the reduced setback would provide an appropriate separation between proposed uses and the fire station. 7 09SN0103-DEC17-BOS-RPT Ruffer~~ The Emerging Growth District Standards of the Ordinance would require the provision of a 100 foot buffer along the southern and eastern property boundaries and along a portion of 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. These buffers would provide a necessary transition and separation between the proposed development and existing and planned area development. Noise: Proffered Condition 4 would prohibit any outdoor music and equipment used during special events from being operated in a manner which would generate noise levels above 60 dB(A), as measured at the property boundaries. In addition, the proffer limits times when outdoor music and equipment may be operational. CONCLUSION The proposed zoning and land uses fail to conform to the Central Area Plan which suggests the property is appropriate for a mixture of residential developments of varying densities and offices. In addition, the proposal fails to provide customary road improvements to mitigate the traffic impacts to Route 10, as discussed herein. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (10/21/08): At the request of the applicant, the Commission deferred this case to November 18, 2008. Staff (10/22/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 27, 2008, for consideration at the Commission's November 18, 2008, public hearing. Also, the applicant was advised that a $1,000.00 deferral fee must be paid prior to the Commission's public hearing. 8 09SN0103-DEC17-BOS-RPT Applicant (10/28/08): The deferral fee was paid. Applicant (10/30 and 11/4/08): Revisions to the proffered conditions and Textual Statement were submitted. Planning Commission Meeting (11/18/08): The applicant did not accept Staff's recommendation but did accept the Planning Commission's recommendation. There was opposition present expressing concerns relative to increased traffic, lack of traffic signal at Country Manor Lane and proposed commercial uses. Dr. Brown stated that with the limited commercial and office uses planned, traffic generated by the development would be minimal and mainly during off peak hours, therefore he supported the request without a commitment for the Route 10 improvements. On motion of Dr. Brown, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller. The Board of Supervisors, on Wednesday, December 17, 2008, beginning at 6:30pm, will take under consideration this request. 9 09SN0103-DEC17-BOS-RPT Textual Statement: Last revised October 30, 2008 Development of the property shall conform to Ordinance requirements for the General Business (C-5) District, except as follows: The side yard setbacks for buildings, parking areas and drives shall be a minimum of thirty (30) feet with the installation of perimeter landscaping A, except the side yard setback for buildings, parking areas, and drives may be reduced to a minimum of ten (10) feet measured from the northern property boundary adj acent to Tax ID 776-684-4242 with the installation of perimeter landscaping B.