10SN0127
November 17, 2009 CPC
December 16, 2009 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
10SN0127
The Rebkee Company
Dale Magisterial District
Southwest corner of Omo and Iron Bridge Roads
REQUEST: Rezoning from Residential (R-7) to Neighborhood Business (C-2).
PROPOSED LAND USE:
A drug store/pharmacy with drive- through window is planned. With approval of
this request, uses would be limited to those permitted in a Corporate Office (O-2)
District plus a drug store/pharmacy. (Proffered Condition 5)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend approval for the following reason:
While the proposed zoning and land uses do not conform to the Central Area Plan which
suggests the property is appropriate for office and residential uses, as proffered, the
proposed drug store/pharmacy use minimizes any adverse impact on residential
development to the west and is consistent with existing development patterns established
along this section of Iron Bridge Road.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER 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.)
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PROFFERED CONDITIONS
The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the property under consideration will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not agreed to by the owners and
applicant, the proffers shall immediately be null and void and of no further force or effect.
(STAFF/CPC) 1. Utilities. The public wastewater system shall be utilized. (U)
(STAFF/CPC) 2. Right-of-Way 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, one hundred
(100) feet of right-of-way on the west 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)
(STAFF/CPC) 3. Access.
a. Direct vehicular access from the Property to Route 10 shall
be limited to one (1) entrance/exit, generally located
towards the southern property line. The exact location of
this access shall be approved by the Transportation
Department. Prior to final site plan approval, an access
easement, acceptable to the Transportation Department,
shall be recorded from the Route 10 access to serve the
adjacent property to the south.
b. Direct vehicular access from the Property to Omo Road
shall be limited to one (1) entrance/exit, generally located
towards the western property line. The exact location of
this access shall be approved by the Transportation
Department. (T)
(STAFF/CPC) 4. Road Improvements. Prior to issuance of an occupancy permit on
the Property, the following road improvements shall be provided:
a. Construction of an additional lane of pavement along the
southbound lanes of Route 10 for the entire length of the
Property frontage.
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b. Construction of additional pavement along the southbound
lanes of Route 10 at the approved access to provide a
separate right turn lane.
c. Construction of a sidewalk along the entire Property
frontage to Route 10 and Omo Road. The exact design and
location of this improvement shall be approved by the
Transportation Department.
d. Construction of an additional lane of pavement along Omo
Road at the approved access to provide a left and right turn
lane.
e. 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 the “off-site” right-of-way that is
necessary for the road improvements described in Proffered
Condition 4.d., 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 the assist the developer in
acquisition of the “off-site” right-of-way, the developer
shall be relieved of the obligation to acquire the “off-site”
right-of-way and shall provide the road improvements
within available right-of-way as determined by the
Transportation Department.
f. Full cost of traffic signal modifications at the Route
10/Omo Road intersection, as determined by the
Transportation Department. (T)
(STAFF/CPC) 5. Use Restriction. Uses shall be limited to a drug store/pharmacy
with drive-through window and those uses allowed in a Corporate
Office (O-2) District. (P)
(STAFF/CPC) 6. Timbering. Except for the 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 have been
installed. (EE)
(STAFF/CPC) 7. Schematic Master Plan. The Property shall be developed in
general conformance with the schematic master plan filed herewith
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entitled “Chesterfield, VA, CVS Store, New” dated September 17,
2009 and prepared by Kimley-Horn and Associates, Inc. (the
“Schematic Master Plan”). (P)
(STAFF/CPC) 8. Elevations. The Property shall be developed in general
conformance with the elevations filed herewith entitled “CVS
Chesterfield VA” dated November 3, 2009 and prepared by Norr
(the “Elevations”). (P)
(STAFF/CPC) 9. Maximum Square Footage. The building to be developed on the
Property shall not exceed 13,600 gross square feet. (P)
(STAFF/CPC) 10. Fencing. A wood privacy fence a minimum of six (6) feet in
height shall be installed along the western property line upon
commencement of development. The exact location of the fence
shall be determined at the time of site plan review. (P)
GENERAL INFORMATION
Location:
Southwest corner of Omo and Iron Bridge Roads. Tax IDs 775-681-0115, 0643 and Part of
2438.
Existing Zoning:
R-7
Size:
4.0 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North and West – R-7; Single-family residential or vacant
South and East– C-3; Commercial or vacant
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UTILITIES
Public Water System:
The request site is within the Courthouse Water Pressure Zone. There is a sixteen (16) inch
water line extending along Iron Bridge Road, adjacent to this site. In addition, there is a
twelve (12) inch stub line along a portion of Omo Road, with a fire hydrant adjacent to the
site. Use of the public water system is required by County Code.
To facilitate future development and serve existing residences along Omo Road, the
developer will be required to extend the twelve (12) inch water line along Omo Road to the
western boundary of the request site.
Public Wastewater System:
The request site is within the Kingsland Creek drainage basin. The parcels contained in
this request are included in the service area for the existing twelve (12) inch Watch Run
trunk sewer, which currently terminates approximately 3,700 feet east of the request site.
The applicant has proffered to use the public wastewater system. (Proffered Condition 1)
There are public wastewater lines closer to the request site that serve existing commercial
development, but the depth of those lines will not allow gravity service to the request site.
Public wastewater service to the request site will necessitate extension of the Watch Run
trunk sewer. In addition to the request site, there is undeveloped acreage within the
service area of the trunk sewer, including more than 20 acres fronting on Iron Bridge
Road. The Central Area Plan designates those properties as Mixed-Use and Community
Mixed-Use. The Utilities Department has provided the applicant with ownership
information for the properties that would benefit from having public wastewater service
available for future development or to serve existing businesses/structures, and has
recommended that the applicant contact those property owners to determine their interest
in participating in the cost of the sewer trunk extension. This is consistent with other
instances where several property owners have joined together to extend a public
wastewater line to serve their property, which has benefited other properties.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the north to double forty-two (42) inch pipes under Omo
Road and then via tributaries to Kingsland Creek. The area is very flat and has the potential
to contain isolated wetlands. There are no existing or anticipated on- or off-site drainage or
erosion problems.
The property is wooded and should not be timbered without obtaining a land disturbance
permit from the Department of Environmental Engineering (Proffered Condition 6). This
will ensure that adequate erosion control measures are in place prior to any land disturbance.
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PUBLIC FACILITIES
Fire Service:
The Dale Fire Station, Company Number 11, currently provides fire protection and
emergency medical service (EMS). Specific access and water flow requirements will be
assessed at Site Plan approval.
This request will have a minimal impact on Fire and EMS.
County Department of Transportation:
The property (4 acres) is located in the southwest quadrant of the Iron Bridge Road
(Route 10)/Omo Road intersection. The applicant is requesting to rezone from
Residential (R-7) to Neighborhood Business (C-2). The applicant has proffered to limit
the property to those uses allowed in Corporate Office (O-2) District and a drug
store/pharmacy with drive-through window. (Proffered Condition 5)
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. The applicant has indicated that the property may be
developed as a drug store/pharmacy with a drive-through window. The applicant has
proffered that the building on the property shall not exceed 13,600 gross square feet
(Proffered Condition 9). Based on a 13,600 square foot drug store with drive-through,
development of the property could generate approximately 1,200 average daily trips
(ADT). This traffic will be distributed to Route 10 and Omo Road, which had 2008
traffic counts of 27,020 and 770 vehicles per day, respectively. Based on the volume of
traffic it carried during peak hours, Route 10 in this area was functioning at an acceptable
Level of Service C.
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right-
of-way width of 120 to 200 feet. Omo Road is identified as a collector with an existing
right-of-way width of seventy (70) feet. The applicant has proffered to dedicate one
hundred (100) feet of right-of-way measured from the centerline of Route 10, in
accordance with that Plan. (Proffered Condition 2)
Access to major arterials and collectors, such as Route 10 and Omo Road, 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 use of this access with the adjacent property
to the south. Also, the applicant has proffered to limit direct vehicular access to one (1)
entrance/exit along Omo Road, generally located towards the western property line.
(Proffered Condition 3)
The traffic impact of this development must be addressed. The applicant has proffered to
construct the following road improvements prior to issuance of a certificate of
occupancy: 1) construction of an additional lane of pavement along Route 10 for the
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entire Property frontage; 2) construction of a separate right turn lane along Route 10 at
the approved access; 3) full cost of traffic signal modifications at the Route 10/Omo Road
intersection; 4) construction of left and right turn lanes along Omo Road at the approved
access; and 5) construction of a sidewalk along Route 10 and Omo Road for the entire
Property frontage. (Proffered Condition 4)
Acquisition of “off-site” right-of-way may be necessary to construct the left and right
turn lanes along Omo Road. According to Proffered Condition 4e, 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 for the construction of the turn
lanes along Omo Road. 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.
VDOT’s “Chapter 527” regulations, dealing with development Traffic Impact Analysis
(TIA) requirements, have been enacted. The applicant has indicated that a Chapter 527
TIA is not required for this rezoning request. VDOT’s Access Management Regulations
have been enacted on principal, arterials and collectors. This will impact roads classified
as principal and collector, such as Route 10 and Omo Road. Staff has been meeting with
VDOT to attempt to understand the impact of the regulations. At this time, it is unclear
what impact, if any, these regulations will have on development of the property or zoning
approved by the county.
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
Virginia Department Of Transportation (VDOT)
The Virginia Department of Transportation has reviewed the above referenced case. The
request is for rezoning from Residential (R-7) to Neighborhood Business (C-2) and
amendment of zoning district map of 4.0 acres located in the southwest corner of Omo
and Iron Bridge Roads, within the Dale Magisterial District. Density will be controlled
by zoning conditions or Ordinance standards.
1. Proffer condition 2 is not stated in a valid manner since the right-of-way for Iron
Bridge Road is owned by the Commonwealth of Virginia and not Chesterfield
County. A dedication of land to Chesterfield County beyond the existing
Commonwealth of Virginia’s right-of-way appears to be desired. The proffer
could be revised with appropriate language to accomplish the apparent intent of
the proffer, but it cannot stand as stated.
2. The proffered conditions must conform to the Code of Virginia 24VAC 30-72
(“Access Management Regulations for Principal Arterials”), or to requirements of
Chesterfield County that may be more stringent, but not in conflict, with Virginia
regulations.
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3. Access to Route 10, a State primary roadway, must be in compliance with the
Code of Virginia 24VAC 30-72 (“Access Management Regulations for Primary
Arterials”), with the design of entrances guided by the Virginia Road Design
Manual, Appendix F.
4. Access to Omo Road, within the operational area of the intersection with Iron
Bridge Road, must be in conformance with the Code of Virginia 24VAC 30-72,
as in item 3, above.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for mixed use corridor use to include residential developments of various
densities, as well as professional, business, industrial, and administrative offices with
integrated supporting uses.
Area Development Trends:
Properties to the east at Iron Bridge Road and Irongate Drive are developed commercially as
part of the Irongate Shopping Center. The Ampthill Gardens Subdivision borders the north
and west boundaries of the property along Omo Road. Extending south along Iron Bridge
Road to Canasta Drive are a mix of commercial and office uses that were zoned prior to the
adoption of the current Plan.
Given limitations on size, location and access, it is unlikely that the remaining vacant
properties at this southwest intersection of Iron Bridge and Omo Roads will be suitable for
residential development. While the Plan would support office uses, limited commercial uses
at this location may also be appropriate if properly conditioned to protect the integrity of the
adjacent residential development.
Use Limitations:
The applicant has agreed to limit uses to those permitted in a Corporate Office (O-2) District
and a drug store/pharmacy with drive-through window. (Proffered Condition 5)
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.
The Zoning Ordinance specifically addresses access, landscaping, setbacks, parking,
signs, buffers, utilities and screening. Additional standards relative to site layout,
architectural treatment, building size and height and screening have been proffered to
mitigate impacts on area residential development, as noted herein.
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Site Layout:
Proffered Condition 7 requires the development layout be consistent with the attached
schematic master plan. The location of improvements attempts to minimize the impact and
view of parking areas from Omo Road.
Architectural Treatment; Building Size; and Height:
Within Emerging Growth Districts, any building exterior that is visible from any
residential district or public right-of-way must consist of materials consistent in quality,
appearance and detail to other exterior portions of the building. Various materials are
permitted excluding unadorned concrete block or corrugated and/or sheet metal.
Proffered Condition 8 requires an architectural treatment for the building consistent with
the attached elevations. These elevations commit to a brick treatment with architectural
detailing (windows and awnings) exposed to Omo Road.
The Ordinance does not address a maximum building size in Neighborhood Business (C-
2) Districts. Proffered Condition 9 would limit the building to 13,600 gross square feet.
Buffers and Screening:
The Ordinance requires the provision of a fifty (50) foot buffer for this development as it
adjoins neighboring residential properties to the west.
In addition, to provide screening and prevent pedestrian traffic from adversely impacting
adjacent residential properties, a privacy fence has been proffered along the western
property line of the subject property. (Proffered Condition 10)
CONCLUSION
While the proposed zoning and land uses do not conform to the Central Area Plan which
suggests the property is appropriate for mix of office and residential uses, as proffered, the
proposed drug store/pharmacy use minimizes any adverse impact on residential development to
the west and is consistent with existing development patterns established along this section of
Iron Bridge Road. These proffers include a commitment to site layout, architectural treatment,
size and height of buildings and screening, in addition to other Ordinance requirements.
Given these considerations, approval of this request is recommended.
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______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
Applicant (11/13/09):
The applicant submitted revised proffered conditions.
Applicant (11/16/09):
The applicant submitted revised proffered conditions and withdrew Proffered Condition
11.
Planning Commission Meeting (11/17/09):
The applicant accepted the recommendation. There was no opposition present.
On motion of Dr. Brown, seconded by Mr. Hassen, the Commission acknowledged the
withdrawal of Proffered Condition 11.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
On motion of Dr. Brown, seconded by Mr. Hassen, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 4.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, December 16, 2009 beginning at 6:30 p.m., will take
under consideration this request.
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