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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
l OSN0156
Robert A. Mills
Bermuda Magisterial District
3453 West Hundred Road
February 24, 2010 BS
REQUEST: Rezoning from Corporate Office (O-2) to Community Business (C-3).
PROPOSED LAND USE:
A contractor's office and display room and uses permitted by right or with
restrictions in a Neighborhood Office (0-1) District are proposed. (Proffered
Condition 4)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
AYES: MESSRS. BROWN, HASSEN, BASS AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. As conditioned, the proposed zoning and land uses conform to The Chester Plan
which suggests the property is appropriate for a mix of office and residential use.
B. Existing development standards further ensure land use compatibility with
existing and anticipated area residential and office development.
(THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) INDICATES THAT
ACCESS TO ROUTE 10 AND/OR CURTIS STREET MUST COMPLY WITH STATE ACCESS
MANAGEMENT REGULATIONS AND THAT PROFFERED CONDITION 1 RELATIVE TO
Providing a FIRST CHOICE community through excellence in public service
RIGHT-OF-WAY DEDICATION IS NOT STATED IN A VALID MANNER. IT IS
IMPORTANT TO NOTE THAT PROFFERED CONDITION 2 WOULD PRECLUDE
VEHICULAR ACCESS TO ROUTE 10 AND THAT THE COUNTY TRANSPORTATION
DEPARTMENT INDICATED PROFFERED CONDITION 1 IS ACCEPTABLE AS OFFERED
BY THE APPLICANT.)
(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.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. In conjunction with recordation of the initial subdivision plat, 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, forty-five (45) feet of right-of way on the south side of
West Hundred Road (Route 10), measured from the centerline of
that part of Route 10 immediately adj acent to the property, shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
(STAFF/CPC) 2. No direct vehicular access shall be provided from the property to
Route 10. Direct vehicular access from the property to Curtis
Street 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. (T)
(STAFF/CPC) 3. If any additional impervious is created above what currently exists
on the property, the drainage from all impervious area will be
directed to Curtis Street. (EE)
(STAFF/CPC) 4. Uses permitted shall be limited to those uses permitted by right or
with restrictions in the Neighborhood Office (0-1) District and
shall meet development standards for properties zoned
Neighborhood Office (0-1)
a. Contractors' offices and display rooms.
b. Uses permitted by right or with restrictions in the
Neighborhood Office (0-1) District. (P)
(STAFF/CPC) 5. No outside storage shall be permitted. (P)
(STAFF/CPC) 6. Other than normal maintenance and cosmetic enhancements, there
shall be no exterior additions or alterations to the existing
2 10SN0156-FEB24-BOS-RPT
structure, nor any new construction, to accommodate this use.
This does not restrict the property owners from providing
necessary accommodations for the handicapped such as ramps. (P)
GENERAL INFORMATION
T ,~cati nn
Southeast quadrant of West Hundred Road and Curtis Street and better known as 3453 West
Hundred Road. Tax ID 793-655-4597.
Existing Zoning:
0-2
Size:
0.6 acres
Existin Land Use:
Office
Adjacent Zoning and Land Use:
North - R-7 and 0-2; Single family residential, public/semi-public (church) or vacant
South, East and West - R-7; Single family residential or vacant
T 1TTT ,TTTF,~
Public Water and Wastewater S,, std:
The site is currently connected to the public water and wastewater systems. This request
will not impact these systems.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south towards Curtis Circle, a dedicated County right-
of way utilized to access several homes.
There are currently no on- or off site erosion problems and none are anticipated after
development. Offsite, there have been some minor drainage problems that have been
addressed over time. Any additional impervious areas that drain towards Curtis Circle
could cause these drainage problems to reoccur. To address this concern, Proffered
3 10SN0156-FEB24-BOS-RPT
Condition 3 would require that if any additional impervious area is created above what
currently exists on the property, the drainage from all impervious areas will be directed to
Curtis Street.
PUBLIC FACILITIES
Fire ~ervice~
The Dutch Gap Fire Station, Company 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.
County Department of Transportation:
In August 2007, the Board of Supervisors approved a rezoning request (Case 07SN0300)
on the property from Residential (R-7) to Neighborhood Office (0-1). As part of that
zoning approval, the Board accepted proffered conditions that included right-of way
dedication along Route 10 and access control along Route 10 and Curtis Street. This
request will rezone the property to Community Business (C-3); however, it will restrict
uses to Neighborhood Office (0-1) and contractors' offices and display rooms (Proffered
Condition 4). The applicant has provided the same right-of way dedication and access
control per the previous zoning case (Proffered Conditions 1 and 2). This request will
have a minimal impact on the existing transportation network.
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
Virginia Department of Transportation:
The Virginia Department of Transportation has reviewed the above referenced case. The
information included with this request does not provide specific information necessary to
determine the changes of traffic volumes generated, however this office has following
comments regarding this request:
Any proposed modifications to existing state maintained facilities required as a
result of this proposal shall be the responsibility of the developer. All
improvements within state maintained right-of way shall be designed and
constructed in accordance with current VDOT standards and specifications.
1. The issuance of a VDOT Land Use Permit is required prior to any
construction activity within the right-of way limits of Curtis Street.
2. Access to Route 10, a State primary roadway, if permitted, shall 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 10SN0156-FEB24-BOS-RPT
3. Access to Curtis Street, shall not be within the operational area of the
intersection with Iron Bridge Road, and the commercial entrance shall be
in conformance with the Code of Virginia 24VAC 30-73 ("Access
Management Regulations for Minor Arterials, Collectors, and Local
Streets), with the design of entrances guided by the Virginia Road Design
Manual, Appendix G.
4. Adequate intersection sight distance must be obtained at the proposed
access onto VDOT maintained roads and shown on the construction plans
at time of such plans submission.
5. Any necessary sight distance easements shall be recorded and shown on
the construction plans.
6. Proffer Condition 1 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.
T,ANn TIFF.
Comprehensive Plan:
Lies within the boundaries of the Chester Plan which suggests the property is appropriate
for office and residential use.
Area Development Trends:
Area properties are currently zoned Residential (R-7) and Corporate Office (0-2) and are
occupied by single-family residences in Oakland Subdivision and a mixture of office,
residential and public/semi-public uses (church) or are vacant. As suggested by the Plan,
a mixture of office and residential use along this portion of the Route 10 Corridor is
anticipated to continue.
Zonin Hg istory:
On August 22, 2007, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of the request property from Residential (R-7)
to Corporate Office (0-2) subject to conditions which limit permitted uses to only those
uses permitted in the Neighborhood Office (0-1) District, limit vehicular access, and
which would require rerouting drainage to Curtis Street if any additional impervious area
is create .
5 10SN0156-FEB24-BOS-RPT
Use Limitations:
Proffered Condition 4 limits uses to contractor's offices and display rooms and use
permitted by right or with restrictions in the Neighborhood Office (0-1) District. The
proffer also requires the uses to meet development standards for Neighborhood Office (0-1)
uses.
Development Standards:
The request property lies within the Chester Village Corridor East area of the Chester
Village District. The purpose of the Village District standards is to recognize unique
villages within the county and to maintain and reinforce the character, identity and
pedestrian scale by continuing and enhancing existing patterns of development.
Redevelopment of the site or new construction must conform to the requirements of the
Zoning Ordinance which address street lights, street tree plantings, access, parking,
landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of
dumpsters and loading areas. As previously noted, Proffered Condition 4 would require
uses to comply with development standards for Neighborhood Office (0-1) uses.
CONCLUSION
As conditioned, the proposed zoning and land uses would conform to the Chester Plan. Existing
development standards further ensure land use compatibility with existing and anticipated area
residential and office development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant: (1 / 12/ 10)
To address concerns of the Bermuda District Commissioner concerning compatibility of
the proposed uses with area residential uses, the applicant submitted Proffered Conditions
5 and 6.
Planning Commission Meeting (1/19/10):
The applicant accepted the recommendation. There was no opposition present.
Mr. Hassen noted that the applicant had been operating at this location for a year or more
and had no opposition.
6 10SN0156-FEB24-BOS-RPT
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. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, February 24, 2010, beginning at 6:30 p.m., will take
under consideration this request.
7 10SN0156-FEB24-BOS-RPT
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