Loading...
08SN0267 STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08 SN0267 (AMENDED) Gerald R. and Janet P. White Tlo.. 1. o,- 1 ti 7~Q !`D~• vcc2i~ivcrr~c. ~rcrc ~^7y~ ~ i~vn~GtiT~c~ n~-c~ c Apri129, 2009 B S Bermuda Magisterial District West line of Jefferson Davis Highway REQUEST: Rezoning from Community Business (C-3) to General Business (GS) of 4.5 acres plus Conditional Use Planned Development to permit exceptions to Ordinance requirements on that tract plus an existing zoned Community Business (C-3) tract totaling 8.4 acres. PROPOSED LAND USE: Proffered Conditions limit uses within the GS tract to those permitted by right or with restrictions in the Community Business (C-3) District plus motor vehicle rental, service and repair uses (Proffered Condition 2). Exceptions are requested on the entire property to reduce the required setbacks from Jefferson Davis Highway for buildings, parking and driveways from seventy-five (75) to twenty (20) feet. (Textual Statement) 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 General Business (GS) zoning and land uses do not conform to the Southern Jefferson Davis Highway Corridor Plan which suggests the property is appropriate for community commercial/mixed use corridor use. Further, the GS Providing a FIRST CHOICE community through excellence in public service zoning and land uses are not representative of, nor compatible with, existing and anticipated area development. B. The setback exceptions along Jefferson Davis Highway result from proposed overdevelopment of the properties; create interruption in the anticipated development pattern along this portion of the Corridor; and potentially set a precedent for similar requests. (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 (CPC) 1. Textual Statement. The Textual Statement dated 25 February 2009 shall be considered the Master Plan. (P) (CPC) 2. Uses. Uses located on the General Business (C-5) properties shall be limited to the following: a) Any use permitted by right or with restriction in the Community Business (C-3) District. b) Motor vehicle rental, service and repair provided that, except for minimal repairs necessary to allow a vehicle to be moved into the service area of the building, all repair activities and storage of new or replaced repair materials shall occur inside the building(s). (P) (CPC) 3. Architectural Design. A minimum of seventy-five (75) percent of each building exterior (whether front, side or rear), exclusive of doors and windows, shall consist of masonry. Further, no building exterior shall contain corrugated and/or sheet metal (P) (CPC) 4. Dedication. Prior to any site plan approval or within ninety (90) days of a request by the Transportation Department, whichever occurs first, a) Sixty (60) feet of right-of--way on the west side of Jefferson Davis Highway (Route 1/301), as measured from the centerline of Route 1/301, immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of the County of Chesterfield. An additional ten (10) foot wide permanent road construction and maintenance easement, acceptable to the Transportation Department adjacent to the ultimate right-of--way 2 08SN0267-APR29-BOS-RPT and within the required setback, shall be recorded in conjunction with this right of way. (T) b) Thirty (30) feet of right-of--way on the south side of Milhorn Street (State Route 1135), as measured from the centerline of State Route 1135, immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of the County of Chesterfield. (T) (CPC) 5. Access. Direct vehicular access to and from the property along Jefferson Davis Highway shall be limited to two (2) entrance/exits. The exact location of these accesses shall be approved by the Transportation Department. (T) (CPC) 6. Public Road Improvements. In conjunction with the initial development on the property, the developer shall be responsible for the following: a) Construction of a right turn lane on Route 1/301 at each approved access; b) Construction of a left turn lane along Route 1/301 at each approved access based on Transportation Department Standards; c) Dedication to Chesterfield County, free and unrestricted, of any additional right-of--way (or easements) required for the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of--way that is necessary for the road improvements described in this Proffered Condition, the developer may request, in writing, that the County acquire such right-of--way as a public road improvement. All costs associated with the acquisition of the right-of--way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of "off-site" right-of--way, the developer shall be relieved of the obligation to acquire "off-site" right-of--way and shall provide the road improvements within the available right- of-way as determined by the Transportation Department. (T) (CPC) 7. Timbering Restriction. Except for timbering approved by the Virginia Department of Forestry for the purpose of removing dead and/or diseased trees, there shall be no timbering on the property until a Land Disturbance Permit has been obtained from the Department of Environmental Engineering and the approved devices have been installed. (EE) 3 08SN0267-APR29-BOS-RPT GENERAL INFORMATION Location: West line of Jefferson Davis Highway, south of Woods Edge Road. Tax IDs 800-634-0291; and 800-635-0399, 0431, 0545, 0561, 0676 and 1091; and 800-636-0013, 0613, 1008 and 1019. Existing Zonin C-3 Size: 8.4 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North - C-5; Commercial East - C-3 and C-5; Commercial, single family residential or vacant South - C-5; Commercial West - R-9 and C-3; Single family residential UTILITIES Public Water Svstem: The request site is within the Dutch Gap/ Bermuda Water Pressure Zone. There is an existing eight (8) inch water line extending along the west side of Jefferson Davis Highway, and along the south side of Milhorn Street, adjacent to the request site. An eight (8) inch water line extends across this site from the existing line along Jefferson Davis Highway and continues to the west along Tipton Court. In addition to the existing eight (8) inch lines, a thirty (30) inch water line extends along the east site of Jefferson Davis Highway within an easement opposite this site. This thirty (30) inch line operates under the Happy Hill Water Pressure Zone. Use of the public water system is required by County Code. Public Wastewater Svstem: The request site is within the Timsbury Creek Sewer Service Area. The public wastewater system is available to serve this site. There is an existing eight (8) inch wastewater collector line extending along the west side of Jefferson Davis Highway and 4 08SN0267-APR29-BOS-RPT along Milhorn Street, adjacent to this site. In addition, an eight (8) inch wastewater collector line extends within an easement across the request site from Tipton Court to connect to the existing line along Jefferson Davis Highway. Use of the public wastewater system is required by County Code. ENVIRONMENTAL Drainage and Erosion: The subject property drains to the south to Timsberry Creek and via Timsberry Creek to the Appomattox 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. This will ensure that adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 8) Water QualitX: Timsberry Creek which abuts the southern portion of the property is a perennial stream and subject to Resource Protection Area (RPA). The rear portion of the property is also encumbered by a 100-year floodplain and wetlands. As such, only a small portion of the property (approximately ten (10) to fifteen (15) percent) is available for development. PUBLIC FACILITIES Fire Service: 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 property (8.4 acres) is located along the west side of Jefferson Davis Highway (Route 1), south of the Milhorn Street intersection, and is currently zoned Community Business (C-3). The applicant is requesting to rezone 4.5 acres from Community Business (C-3) to General Business (C-5). The applicant has proffered to limit the land uses to C-3 uses plus motor vehicle rental, service, and repair (Proffered Condition 2). This request will have a similar traffic impact as the current zoning. These vehicles will initially be distributed to Route 1, which had 2006 traffic count of 20,197 vehicles per day. Based on the volume of traffic it carries during peak hours, Route 1 in this area functions at an acceptable level (Level of Service B). The Thoroughfare Plan identifies Route 1 as a maj or arterial with a recommended right- of-way width of 120 to 200 feet. The applicant has proffered to dedicate sixty (60) feet 5 08SN0267-APR29-BOS-RPT of right-of--way on the west side of Route 1, measured from the centerline, in accordance with the Plan. Also the applicant has proffered to record a ten (10) foot wide permanent road construction and maintenance easement in addition to the sixty (60) feet of right-of- way along Route 1. This easement may be necessary if Route 1 is widened in the future. (Proffered Condition 4a) Access to major arterials, such as Route 1, should be controlled in order to help maintain acceptable levels of service and minimize conflict points. The applicant has proffered to limit direct vehicular access from the property to two (2) entrances/exits along Route 1 (Proffered Condition 5). Also, the applicant intends to access the development from Milhorn Street, anon-Thoroughfare Plan roadway, and locate the access across from the existing Wawa entrance. At time of site plan, access easements will be required within the development to ensure shared use of the accesses along Route 1 and Milhorn Street. The traffic impact of this development must be addressed. The applicant has proffered to: 1) construct a right turn lane along Route 1 at each approved access; and 2) construct a left turn lane along Route 1 at each approved access based on Transportation Department Standards. The proffer would require the developer to construct a left turn lane where left turn movements would be permitted from Route 1 into the development. If the Virginia Department of Transportation (VDOT) precludes left turn movements from Route 1 into the development (i.e. right-in/right-out only), then a left turn lane would not be required by the Transportation Department. At this time, it is unclear whether VDOT will allow left turn movements into the development. Acquisition of "off-site" right-of--way may be necessary to construct the left turn lanes. According to Proffered Condition 6, if the developer needs off-site right-of--way and is unable to acquire it, the developer may request the county to acquire the right-of--way as a public road improvement. All costs associated with the acquisition will be borne by the developer. If the county chooses not to assist with the right-of--way acquisition, the developer will not be obligated to acquire the off-site right-of--way, and will only be obligated to construct road improvement within available right-of--way. (Proffered Condition 6b) 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 TIA. VDOT also enacted new access management regulations along principal arterial roadways, such as Route 1. This regulation may impact the proffered access along Route 1. 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. The applicant has indicated he will pursue an exception request to VDOT Access Management regulations to allow for full movement access from Route 1 into the development. 6 08SN0267-APR29-BOS-RPT At time of site plan review, specific recommendations will be provided regarding access and internal circulation. A left turn lane may be required along Milhorn Street to accommodate left turn movements into the development's access. 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. Jefferson Davis Highway is a Principal Urban Arterial with a speed limit of 45 MPH. The proposed connection to Jefferson Davis Highway 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) with the spacing of 325 feet centerline to centerline. Full Access Entrance might be possible if it meets the spacing of 1,320 feet. If the spacing of 1,320 feet is not met, partial two way access with a median entrance will be allowed. Aright and left turn lanes 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 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. 7 08SN0267-APR29-BOS-RPT LAND USE Comprehensive Plan: Lies within the boundaries of the Southern Jefferson Davis Highway Corridor Plan which suggests the property is appropriate for community-scale commercial (C-3) uses. The Plan suggests that more intense commercial uses be located at major intersections with Jefferson Davis Highway or at interchange locations with Interstate 95, away from areas of existing or proposed residential development. Area Development Trends: Area properties to the north, south and east are zoned Community and General Business (C- 3 and C-5) and are developed as aself-storage facility and retail uses; occupied by single family residences; or remain vacant. Property to the west is zoned Residential (R-9) and is developed as the Wendover Hills Subdivision. Development Standards: The request property lies within an Emerging Growth District Area. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. Development of the site must conform to the development standards of the Zoning Ordinance, which address access, parking landscaping, pedestrian access, architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and parking areas. Setbacks from Jefferson Davis Highway: Within Emerging Growth areas, the Ordinance requires a minimum setback of seventy-five (75) feet for buildings, parking and driveways from Jefferson Davis Highway with the installation of Perimeter Landscape `B". This setback may be reduced to fifty (50) feet with the installation of additional landscaping (Perimeter Landscape "C"). The applicant has requested an exception to reduce this setback to a minimum of twenty (20) feet with the installation of Perimeter Landscape "C," except that large deciduous trees are not required. A continuous three-rail fence would be incorporated into this landscaped frontage (Textual Statement). This represents a less dense planting treatment than required by Ordinance for setback reductions along major arterials. Further, ten (10) feet of this area will be located in an easement, giving the potential for landscaping to be disturbed in the future (Proffered Condition 4.a). Although the properties are shallow in depth, through aggregation with adjacent properties, a unified development plan would accommodate the minimum setback while maintaining perimeter landscape requirements and alleviate the overcrowding of the proposed improvements. A draft conceptual layout of the project demonstrates the applicants intent to maximize the development potential of the subject properties as freestanding sites with connectivity between parking lots rather than aggregating the development to achieve Ordinance compliance. As such, Staff cannot support the requested setback exception. 8 08SN0267-APR29-BOS-RPT Uses: Proffered Conditions limit uses on the General Business (C-5) portion of the request to those permitted by right or with restrictions in the Community Business (C-3) District plus motor vehicle rental, service and repair (Proffered Condition 2). Motor vehicle rental, service and repair that include body, major engine and transmission repair are first permitted by right in the General Business (C-5) District. Except when necessary to move motor vehicles into the garage, all repair activities would take place within the building. (Proffered Condition 2.b) Architectural Treatment: Currently, Emerging Growth District standards permit the use of painted corrugated or sheet metal for building exteriors if not visible from adjacent residential districts or public rights-of--way. If visible from these areas, the metal must be adorned. Proffered Conditions preclude the use of corrugated or sheet metal and require the incorporation of brick or stone into each building exterior. (Proffered Condition 3) CONCLUSION The proposed General Business (C-5) zoning and land uses do not conform to the Southern Jefferson Davis Highway Corridor Plan which suggests the property is appropriate for community commercial/mixed use corridor use. Further, the C-5 zoning and land uses are not representative of, nor compatible with, existing and anticipated area development. The setback exceptions along Jefferson Davis Highway result from proposed overdevelopment of the properties; create interruption in the anticipated development pattern along this portion of the Corridor; and potentially set a precedent for similar requests. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (9/16/08): At the request of the applicant, the Commission deferred this case to their December 16, 2008 meeting. Staff (9/17/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 6, 2008 for consideration at the Commission's 08SN0267-APR29-BOS-RPT December public hearing. The applicant was also advised that a $1000.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (10/6/08): The application was amended. Revised proffered conditions were submitted. The deferral fee was paid. Applicant (11/5/08 and 11/19/08): Revised proffered conditions and textual statement were submitted. Planning Commission Meeting (12/16/08): On their own motion, the Commission deferred this case to their February 17, 2009 meeting. Staff (12/17/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than December 22, 2008 for consideration at the Commission's February public hearing. Applicant (12/23/08): The application was amended to include five (5) additional parcels. Applicant (1/20/09 and 1/23/09): Revised proffered conditions and textual statement were submitted. Planning Commission Meeting (2/17/09): On their own motion, the Commission deferred this case to their March 17, 2009 meeting because the applicant was not present. 10 08SN0267-APR29-BOS-RPT Staff (2/18/09): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 23, 2009 for consideration at the Commissions' March public hearing. Staff (2/23/09): To date, no new information has been submitted. Applicant (2/25/09 and 2/26/09): Revised proffered conditions and textual statement were submitted. Planning Commission Meeting (3/17/09): The applicant did not accept staff's recommendation, but accepted the Planning Commission's recommendation. There was no opposition present. Mr. Hassen noted that, through parcel aggregation, the application provided continuity of development; enhanced architectural treatment; and the setback exceptions and landscape treatment were consistent with that approved for an adjacent commercial development to the north. On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. The Board of Supervisors, on Wednesday, April 29, 2009, beginning at 6:30 p.m., will take under consideration this request. 11 08SN0267-APR29-BOS-RPT Textual Statement: Case 08SN0267 25 February 2009 The following exception is requested for all subject properties: Front Yard Setback. The front yard setback for drives and parking areas shall be a minimum of twenty (20) feet from Jefferson Davis Highway (Route 1/301), with the installation of Perimeter Landscaping "C" along the developed parcel frontage, except that the large deciduous trees shall not be required. A continuous three-rail fence, a minimum of three and one-half (3.5) feet in height, shall be incorporated into this landscaping for the entire frontage of the tract where such Perimeter Landscaping is located. The appearance of this fence shall be consistent with that installed on Tax IDs 800-636-0575 and 0543 (Wawa). I I I N I~ ~ 1~ `` ~ ~ o ~ I ~~P ~~ ~ ~ ~ s'P~ w N 1 ` ~ ~ ``` II~,, N •` IIII v ~'~ ` ~ ~ I CSX Ri N U ~.~_,_ i N ~~'~~~ ^ ~PQ ~ / ~ ~~ ~ , ~ b; l ti .~ ~~ ^1 ~ N N / U O~ ~ ~ N 1 __~ ~a NOS~13~~31' =~ ~~ ~~ U -~~~„~ ~ • ~- ~ -' ~ ~ U • N Z ~ ~ ~ ~ ~ / ~ ~ ~~ \ U ~ C N ~ ~ ~ R ~ U ~U ~ N N~ J 1 , ~ w '^ / / Z~ 1,~ ~ N i- 0 co ~ ~ tI ``M-_ '0 //L~1~ i z .~. 0 ~ ~ x Q a~ ~ ~ 0 z ~ V a °o ~y ch O N ~ o Q Z ~ a ~~/ o ~ ~~ Pv ~ _ ~ N V ~ ~