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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0243
John D. and Kimberly W. Hughes, Jr.
Matoaca Magisterial District
Northwest quadrant of Beach and Spring Run Roads
RE VEST: Conditional Use to permit Community Business (C-3) uses and commercial outdoor
recreation plus Conditional Use Planned Development to permit exceptions to
Ordinance requirements.
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 5.
AYES: MESSRS. BASS, BROWN AND WALLER.
NAYS: MESSRS. GULLEY AND HASSEN.
STAFF RECOMMENDATION
Recommend denial for the following reason:
While the proposed land uses are appropriate as a neighborhood convenience center to
serve the surrounding area as suggested by the Southern and Western Area Plan, and will
allow the adaptive reuse and preservation of these historic properties, the proposal fails to
address transportation concerns relative to right-of way dedication.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS 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 owners and developers in this rezoning request, John D Hughes, Jr. and Kimberly W Hughes
(the "Developers") pursuant to § 15.2-2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, Virginia (the "County") for itself and its successors
and assigns, hereby proffers that the development of the real property (the "Property") under
consideration in this rezoning request shall be developed in accordance with the following
conditions if, and only if, the request submitted herewith is granted with only those conditions
agreed to by the Developers. In the event this request is denied or approved with conditions not
agreed to by the Developers, the proffers shall immediately be null and void and of no further
force or effect.
This application contains one (1) exhibit described as follows:
Exhibit A -The plan titled "Transportation Plan", prepared by Townes Site Engineering, dated
November 17, 2008
(CPC) 1. Textual Statement. The Textual Statement dated November 17, 2008 shall
be considered the Master Plan. (P)
(CPC) 2. Access.
a. Direct vehicular access from the Property to Spring Run Road shall
be limited to one (1) entrance/exit, located a minimum of four
hundred fifty (450) feet from the centerline of Beach Road as
shown on Exhibit "A". The exact location of this access shall be
approved by the Transportation Department.
b. As shown on Exhibit A, direct vehicular access from the Property
to Beach Road shall be limited to two (2) entrances/exits.
i. The easternmost access shall be generally located as shown
on Exhibit A and shall only serve the existing "Building B"
as labeled on Exhibit A. At such time direct vehicular
access from the Property to Spring Run Road is provided,
as described in Proffered Condition 2.a. and as determined
by the Transportation Department, the easternmost access
to Beach Road shall be removed.
11. The westernmost access shall be located generally towards
the western property line as shown on Exhibit A and shall
only serve the existing "Building A." as labeled on Exhibit
2 08SN0243 JAN28-BOS-RPT
A. Prior to any site plan approval that includes the
westernmost access, an access easement, acceptable to the
Transportation Department, shall be recorded from the
westernmost access onto Beach Road to the adjacent
property to the west (Tax ID 745-654-4944). At such time
the westernmost access is relocated by others to align with
the Bundle Road intersection, as determined by the
Transportation Department, additional development on the
Property may be served by this access up to the maximum
density identified in Proffered Condition 6. (T)
(CPC) 3. Road Improvements. The following roadway improvements shall be
provided by the Developer:
a. Construction of a left and right turn lane along Spring Run Road at
the approved access.
b. Widening/improving the west side of Spring Run Road for the
entire Property frontage to an eleven (11) foot wide travel lane,
measured from the existing centerline of Spring Run Road, with an
additional one (1) foot wide paved shoulder plus a seven (7) foot
unpaved shoulder and overlaying the full width of the road with
one and one-half (1.5) inches of compacted bituminous asphalt
concrete, with modifications approved by the Transportation
Department.
c. Dedication to Chesterfield County, free and unrestricted, of any
additional right-of way (or easements) required for the
improvements identified above. (T)
(CPC) 4. Phasing Plan. Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition 3, shall
be submitted to and approved by the Transportation Department. The
approved phasing plan shall require at a minimum, that prior to issuance
of an occupancy permit for more than 18,000 square feet (SF)
Recreational Community Center/banquet hall, and "Building B" as labeled
on Exhibit A, or equivalent traffic generation as determined by the
Transportation Department, with access to Spring Run Road, the road
improvements as identified in Proffered Condition 3.a., 3.b and 3.c. shall
be completed as determined by the Transportation Department. (T)
(CPC) 5. Timberin .Except for timbering approved by the Virginia Department of
Forestry for 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)
3 08SN0243 JAN28-BOS-RPT
(CPC) 6. Density. The maximum density on the Property shall be as listed below or
equivalent traffic generation as determined by the Transportation
Department:
a. 18,000 Square Feet (SF) of Recreational Community Center
(Banquet Hall).
b. 5,000 SF Church.
c. 2,800 SF of Single Tenant Office. "Building A" and "Building B"
shall each be limited to 1,400 SF of single tenant office use until
such time Proffered Conditions 2.b.2 and 2.b.1 are satisfied,
respectively, as determined by the Transportation Department. At
such time the respective proffered conditions are satisfied,
additional development may be served by "Building A" and/or
"Building B" in accordance with the remaining maximum density
on the Property.
d. 8,000 SF of Shopping Center.
e. 5,000 SF of High Turnover (Sit-Down) Restaurant. (T)
(CPC) 7. Permitted uses: The following uses shall be permitted:
a. Except for automobile self service stations, which shall not be
permitted, uses permitted by right or with restrictions in the
Neighborhood Business (C-2) District.
b. Commercial outdoor recreational use limited to tractor, farm
equipment and automobile shows/exhibits.
c. Special events business to permit events such as weddings,
receptions, birthday parties, luncheons and similar social
gatherings. (P)
(CPC) 8. Hours of Operation.
The hours and days that the special events business is permitted to be open
to the public shall be as follows:
a. Monday through Sunday from 6:30 AM to 11:00 PM. (P)
(CPC) 9. Deliveries.
No vendor deliveries shall be permitted before 8:00 AM or after 7:00 PM.
(P)
(CPC) 10. The special events uses shall be designed and operated so as not to
generate noise levels above 65dB (a) as measured at the "Property"
. P
oun arses. ( )
4 08SN0243 JAN28-BOS-RPT
(CPC) 11. Buffers.
A thirty (30) foot buffer shall be maintained adjacent to the western
property boundary. The westernmost access off of Beach Road, as
approved by the Transportation Department, shall be allowed to encroach
within the buffer for a maximum distance of two hundred (200) feet
measured from the centerline of Beach Road. Existing mature vegetation
located within this buffer shall be maintained and may be substituted for
required landscaping materials as approved during plans review. The
buffer shall be planted in accordance with perimeter landscaping C
requirements of the Zoning Ordinance except that at the time of planting
the following minimum size standards shall be permitted:
A. If plantings are installed during the first growing season
immediately following the first approved site plan:
a. Large Deciduous Tree-minimum one (1) inch caliper.
b. Small Deciduous Tree-minimum one-half (1/2) inch
ca iper.
c. Medium Shrub-minimum height of twelve (12) inches.
d. Evergreen Trees-minimum height of three (3) feet.
B. If plantings are installed after the first growing season immediately
following the first approved site plan:
a. Large Deciduous Tree-minimum one (1) inch caliper.
b. Small Deciduous Tree-minimum one-(1) inch caliper.
c. Medium Shrub-minimum height of eighteen (18) inches.
d. Evergreen Trees-minimum height of three (3) feet. (P)
(CPC) 12. Right-of Way Dedication.
a. Prior to any site plan approval or within ninety (90) days of a
written request by the Transportation Department, whichever
occurs first, forty-five (45) feet ofright-of way along the west side
of Spring Run Road, measured from the centerline of that part of
the roadway immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
GENERAL INFORMATION
T ,~cati nn
Northwest quadrant of Beach and Spring Run Roads. Tax IDs 745-654-8256 and 746-654-
1071.
5 08SN0243 JAN28-BOS-RPT
Existin.~g:
A
Size:
8.5 acres
Existin Land Use:
Single family residential
Adjacent Zoning and Land Use:
North, East & West - A; Single family residential, public/semi-public (VDOT storage yard
and Pocahontas State Park) or vacant
South - C-3 & A; Commercial, agricultural or vacant
T 1TTT ,TTTF.~
Public Water System:
The public water system is not available to serve the request site. There is an existing
sixteen (16) inch water line extending along a portion of Spring Run Road that terminates
at Qualla Road, approximately 2.25 miles north of this site. A sixteen (16) inch water line
extends along a portion of River Road and terminates at Ivey Mill Road, approximately
4.89 miles south of this site.
This site is within the boundaries of the Southern and Western Area Plan, and therefore
use of the public water system is required unless the Planning Commission waives the
mandatory use during site plan review. The Planning Commission may impose
conditions to mitigate the impact of any exception that it grants.
Public Wastewater System:
The public wastewater system is not available to serve the request site. This site is within
the area designated by the Southern and Western Area Plan of anticipated R-88 zoning
where the use of private septic systems is permitted.
Health Department:
The Health Department must approve any new well or septic system, or expanded usage
of any existing well or septic system to serve the proposed development.
6 08SN0243 JAN28-BOS-RPT
ENVIRONMENTAL
Drainage and Erosion:
A portion of the property drains to the south and then via tributaries to the Appomattox
River. The remaining land drains to the northwest and via tributaries to Swift Creek. There
are currently no known on- or off site drainage or erosion problems and none are anticipated
after development.
Some of the property is wooded and, as such, should not be timbered without obtaining a
land disturbance permit from the Department of Environmental Engineering and the
appropriate devices installed (Proffered Condition 5). This will ensure that adequate erosion
control measures are in place prior to any land disturbance.
PUBLIC FACILITIES
Fire Service:
The Winterpock Fire Station, Company Number 19, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
Transportation:
The property is 8.5 acres located at the northwest corner of the intersection of Spring Run
Road and Beach Road. The applicant is requesting a Conditional Use to permit
Community Business (C-3) uses in an Agricultural (A) district and another Conditional
Use to allow commercial outdoor recreation. Because the applicant is not willing to
dedicate additional right-of way according to the Thoroughfare Plan, the Transportation
Department cannot support this request.
With this request, the applicant has proffered a maximum density of 18,000 square feet
(s~ recreation community center (banquet hall), 5,000 sf church, 2,800 sf single tenant
office, 8,000 sf shopping center, 5,000 sf high-turnover restaurant, or equivalent traffic
generation as determined by the Transportation Department (Proffered Condition 6).
Based on the proffered density, the request could generate approximately 2,500 average
daily trips (ADT). This traffic would be initially distributed along Spring Run Road and
Beach Road, which had 2008 traffic counts of 2,669 and 6,758 vehicles per day,
respectively. Based on the volume of traffic they carry during peak hours, Spring Run
Road is functioning at an acceptable level (Level of Service D) and Beach Road is at
capacity (Level of Service E).
The Thoroughfare Plan identifies both Spring Run Road and Beach Road as major
arterials with recommended right-of way widths of ninety (90) feet. The applicant has
proffered to dedicate forty-five (45) feet of right of way on the west side of Spring Run
Road, measured from the existing roadway centerline (Proffered Condition 12). The
7 08SN0243 JAN28-BOS-RPT
section of Spring Run Road adjacent to the property has a substandard horizontal curve.
Along roads with substandard curves, the Transportation Department recommends right-
of way dedication be provided based on a revised centerline alignment to better
accommodate future road improvements with a lesser impact on what is developed on the
property. when asked, the applicant was unwilling to dedicate any right-of way along
Beach Road or dedicate right-of way along Spring Run Road based on a revised
centerline alignment. The applicant should dedicate right-of way according to the
Thoroughfare Plan.
Vehicular access to major arterials, such as Spring Run Road and Beach Road, should be
controlled in order to help maintain acceptable levels of service and minimize conflict
points. The applicant has proffered to limit vehicular access to Spring Run Road to one
(1) entrance/exit located a minimum of 450 feet from Beach Road. The applicant has
proffered to limit vehicular access to Beach Road to two (2) entrances/exits with some
limitation to the amount of development that uses these accesses. At such time that the
Spring Run Road access is constructed, the developer will be required to remove the
easternmost access along Beach Road. In addition, at such time the westernmost access
is relocated by others to align with Bundle Road, additional development may be served
by this access up to the maximum density. According to the proffered condition, the
westernmost access will be shared with the adjacent property to the west. (Proffered
Condition 2)
To assist in addressing the traffic impact of this request, the applicant has proffered to
construct right and left turn lanes along Spring Run Road at the approved access and
provide the customary road improvements to Spring Run Road for the entire property
frontage (Proffered Condition 3). According to the proffered condition, the applicant is
not required to provide road improvements to Spring Run Road until development with
access to Spring Run Road exceeds 18,000 sf recreation community center/banquet hall
and 1,400 sf single tenant office or equivalent traffic generation as determined by the
Transportation Department. (Proffered Condition 4)
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Analysis
requirements, have been enacted. The applicant has indicated that this request does not
warrant a Chapter 527 Traffic Impact Analysis. In October 2009, VDOT is anticipated to
enact access management regulations that would affect proposed access locations along
arterial and collector roadways, such as Spring Run Road and Beach Road. 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.
As stated earlier, without a commitment to dedicate additional right-of way along Beach
Road and Spring Run Road in accordance with the Thoroughfare Plan, the Transportation
Department cannot support this request.
8 08SN0243 JAN28-BOS-RPT
T , ANn 1 IMF
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1-5 acre lots; suited to R-88 zoning. The
Plan identifies specific nodes which should serve as regional, community and
neighborhood commercial areas and also suggests that limited retail and personal service
centers, which are not specifically identified on the land use map, should be provided
within residential areas to serve the immediately surrounding neighborhoods. The Plan
suggests that where these convenience centers are provided they should be on one (1)
corner of two (2) collector streets or where a collector intersects with an arterial road and
suggests that consideration be given to appropriate transitions between uses, building
scale, architecture and site development to insure compatibility of these commercial uses
with existing and future residential development.
Further, one (1) goal of the Plan is to preserve unique features of the area by encouraging
the preservation of vegetation, roadside forest canopies and important historic sites as an
integral part of future development.
Area Development Trends:
The majority of the surrounding area is zoned Agricultural (A) and is occupied by
agricultural use, single family residential use on acreage parcels or is vacant, except that
public/semi-public use (VDOT facility and Pocahontas State Park) is located on adjacent
property to the east and property to the southwest is zoned Community Business (C-3) and
is occupied by commercial use. It is anticipated that residential use will continue on
property north and west of the request property as suggested by the Plan and that property to
the south will remain agricultural or forested since it is within the Rural Conservation Area
of the Plan.
Zonin Hg istory/Historical Significance:
On January 23, 2008, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission and Historic Preservation Committee, approved Historic
Landmark Designation (Cases 08HP0153 and 08HP0154) for both of the request
properties. These properties make up probably the last intact rural railroad stop still
remaining in the county. The Perdue-Mitchell House, erected around 1890, and the
George Perdue House, erected around 1893, make up the "Village of Beach," once a rural
railroad village containing a post office, railroad depot, general store in addition to these
two (2) dwellings.
9 08SN0243 JAN28-BOS-RPT
Site Design:
The property is proposed for development of commercial uses to serve the surrounding
residential area in addition to providing a location for special events such as receptions,
parties and similar gatherings and automobile or farm equipment exhibitions.
Except for a reduced setback along Beach Road to accommodate the two (2) existing
structures and modified landscaping discussed below, development would conform to the
Ordinance requirements for Neighborhood Commercial (C-2) uses in an Emerging Growth
District area (Textual Statement). Emerging Growth District standards address
architectural treatment, setbacks, parking, signs, buffers and screening. The purpose of
the Emerging Growth District Standards is to promote high quality, well-designed
projects and in this case, will assist in mitigating the impact of the proposed commercial
uses on existing and anticipated area residential development.
As previously noted, the properties have received Historic Landmark designation and,
therefore, a certificate of appropriateness from the Preservation Committee for any
construction, alternation a remodeling that would affect the exterior architectural
appearance or properties must be obtained.
Use Limitations:
Proffered Condition 7 limits permitted uses to those uses permitted by right or with
restrictions in the Neighborhood Business (C-2) District, commercial outdoor recreational
use limited to tractor, farm equipment and automobile shows/exhibits and a special
events business to accommodate weddings, receptions, birthday parties, and similar
social gatherings.
Proffered Conditions 8 and 9 limit the hours and days the special events business may be
open to the public and when vendor deliveries are permitted.
Setbacks and Landscaping Requirements:
A twenty (20) foot setback is proposed from Beach Road for Buildings A and B as shown
on the "Transportation Plan" to accommodate the existing buildings only. Normally the
Ordinance would require a fifty (50) foot setback from Beach Road. Staff supports a
reduced setback from Beach Road to eliminate the non-conforming status for existing
Buildings A and B. A fifty (50) foot setback would be required by the Ordinance for any
additions to these buildings and for all other development in order to maintain the
integrity of the intersection of Beach and Spring Run Roads and to promote continuity of
development along these maj or corridors.
Perimeter Landscaping G within required setbacks is proposed (Textual Statement, Item
2). Perimeter Landscaping G requires at least one (1) large deciduous tree for each fifty
(50) lineal feet, continuous evergreen hedge forms along the entire length of parking
10 08SN0243 JAN28-BOS-RPT
areas, and low shrubs and ground cover. This landscaping will achieve the preservation
of the historic character, as well as minimize the impact of the uses on area properties.
Buffers:
The Emerging Growth District Standards of the Ordinance would require the provision of
a fifty (50) foot buffer along 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.
The Ordinance would not require a buffer along the western property boundary.
However, to provide a transition between the proposed uses and anticipated residential
development, Proffered Condition 11 requires a thirty (30) foot buffer along the western
property boundary. If the western most access is relocated to align with Bundle Road
with development of the adjacent property, the relocated assess could encroach within
this buffer for a maximum distance of 200 feet.
These buffers would provide a necessary transition and separation between the proposed
development and future area development.
CONCLUSION
While the proposed land use would allow for the adaptive reuse and preservation of the historic
"Village of Beach" and serve the convenience commercial node for the surrounding area, as
suggested by the Southern and Western Area Plan, the proposal fails to provide for the
dedication ofright-of way consistent with the Thoroughfare Plan , as discussed herein.
Given these considerations, staff recommends denial of this request.
CASE HISTORY
Planning Commission Meeting (6/17/08):
At the request of the applicant, the Commission deferred this case to their August 19,
2008 public hearing.
Staff (6/18/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later that June 23, 2008 for consideration at the Commission's
August 19, 2008 public hearing.
11 08SN0243 JAN28-BOS-RPT
Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (7/21/08 and 7/29/08):
Revised proffered conditions, Textual Statement and exhibit were submitted.
Applicant (8/11/08):
The deferral fee was paid.
Planning Commission Meeting (8/19/08):
The applicant did not accept the recommendation. There was support present indicating
approval would preserve the historic property.
Mr. Bass stated he supported preserving the historic property, commending the applicants
on work to date. He expressed concern with the impact commercial development would
have on area roads and properties without adequate setbacks, right of way dedications,
access controls and appropriate road improvements such as turn lanes.
Messrs. Gulley and Waller also supported the preservation efforts, but expressed concern
that design and transportation issues had not been addressed.
On motion of Mr. Bass, seconded by Mr. Hassen, the Commission recommended denial
of the request.
AYES: Messrs. Gulley, Bass, Brown, Hassen, and Waller.
Board of Supervisors (09/24/08):
Mrs. Durfee indicated the case should be remanded to allow time for staff and the
applicants to address transportation and site design issues.
On their own motion, the Board remanded this case to the Commission.
Applicant (10/06, 11/18 and 11/25/08):
Revised and additional proffered conditions and a revised Textual Statement were
submitted.
12 08SN0243 JAN28-BOS-RPT
Applicant (12/10/08):
Revisions to the proffered conditions were submitted.
Planning Commission Meeting (12/16/08):
The applicant did not accept Staff's recommendation, but did accept the Planning
Commission's recommendation. There was support present relative to historic
preservation and the benefits of the development to the county.
Mr. Bass noted that he would not normally support a case that did not offer full right-of
way dedication in compliance with the Thoroughfare Plan, but this case was an unique
situation warranting an exception to standard practice.
Messrs. Gulley and Hassen expressed concerns that if the right-of way is not dedicated,
the burden for acquisition to accommodate future road improvements would fall upon
county taxpayers.
On motion of Mr. Bass, seconded by Dr. Brown, the Commission recommended approval
and acceptance of the proffered conditions on page 2 through 5.
AYES: Messrs. Bass, Brown and Waller.
NAYS: Messrs. Gulley and Hassen.
The Board of Supervisors, on Wednesday, January 28, 2009, beginning at 6:30pm, will take
under consideration this request.
13 08SN0243 JAN28-BOS-RPT
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TRANSPORTATION PLAN
MATOACA DISTRICT
CHESTERFIELD CDUNT Y, VIRGINIA
November 17, 2008 NTS
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SITE ENGINEERING
~ ~ ~ ~ 9850 Lori Road, Suite 201
~j ~~~~~~ ~ ~ ~ Chesterfield, Virginia 23832
L ASK US HQW Phone:(804) 748-9011 Fax: (804) 748-2590
PROJECT#-2 08SN0243-1
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