10SN0252
ADDENDUM
l OSN0252
Carrie Coyner
July 28, 2010 BS
Bermuda Magisterial District
Bellwood Elementary, Salem Middle and Bird High Schools Attendance Zones
South line of Velda Road
REQUEST I: Rezoning from Residential (R-7) to Community Business (C-3) with conditional
use to permit multi-family residential use on 1.2 acres of a 17.4 acre tract.
REQUEST II: Amendment of conditional use planned development (Case 07SN0292) relative to
setbacks on 16.2 acres of a 17.4 acre tract zoned Community Business (C-3) and
General Business (C-5).
PROPOSED LAND USE:
Storage units and garages are planned to serve the planned Colony Village
development on the portion of the property included in Request I. With approval
of Request I, commercial uses and uses within the Multi-Family Residential (R-
MF) District, except for dwelling units, would be permitted (Proffered Condition
2). Multi-family residential and/or commercial uses are planned as part of the
Colony Village development on the portion of the property included in Request II.
This addendum is provided to advise the Board of the Planning Commission's recommendation
for this case.
Staff continues to recommend approval of this request as outlined in the "Request Analysis."
PLANNING COMMISSION RECOMMENDATION
ON JULY 20, 2010 THE PLANNING COMMISSION RECOMMENDED APPROVAL
SUBJECT TO THE CONDITION AND ACCCEPTANCE OF THE PROFFERED
CONDITIONS ON PAGES 2 THROUGH 5 IN THE "REQUEST ANALYSIS".
Providing a FIRST CHOICE community through excellence in public service
CASE HISTORY
Planning Commission Meeting (7/20/10):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Mr. Gulley, the Commission recommended
approval subject to the condition and acceptance of the proffered conditions in the
"Request Analysis."
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
2 10SN0252 JUL28-BOS-ADD
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0252
Carrie Coyner
July 28, 2010 BS
Bermuda Magisterial District
Bellwood Elementary, Salem Middle and Bird High Schools Attendance Zones
South line of Velda Road
RE VEST I: Rezoning from Residential (R-7) to Community Business (C-3) with conditional
use to permit multi-family residential use on 1.2 acres of a 17.4 acre tract.
REQUEST II: Amendment of conditional use planned development (Case 07SN0292) relative to
setbacks on 16.2 acres of a 17.4 acre tract zoned Community Business (C-3) and
General Business (C-5).
PROPOSED LAND USE:
Storage units and garages are planned to serve the planned Colony Village
development on the portion of the property included in Request I. With approval
of Request I, commercial uses and uses within the Multi-Family Residential (R-
MF) District, except for dwelling units, would be permitted (Proffered Condition
2). Multi-family residential and/or commercial uses are planned as part of the
Colony Village development on the portion of the property included in Request II.
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR
MEETING ON TUESDAY, JULY 20, 2010. STAFF WILL ADVISE THE BOARD OF THE
COMMISSION' S ACTION AFTER THEIR MEETING.
STAFF RECOMMENDATION
Re uest I: Recommend approval of Request I to rezone a portion of the request property
from Residential (R-7) to Community Business (C-3) with conditional use to
permit multi-family residential use for the following reasons:
Providing a FIRST CHOICE community through excellence in public service
A. The proposed commercial zoning and land uses conform to the Jefferson
Davis Corridor Plan which suggests the property is appropriate for
community commercial and general commercial use.
B. This portion of the request property will be developed as an integral part
of the planned Colony Village development; therefore, the proposed
accessory residential use is appropriate.
Re uest II: Recommend approval of Request II to amend conditional use planned
development (Case 07SN0292) relative to setbacks for the following reasons:
A. As conditioned, visibility of the existing communications tower would be
minimized because setbacks for parking and drives from the tower and
tree preservation within these setbacks would be guaranteed.
B. Modification to the setback for front loaded garages simply clarifies that
this additional setback is required only when such garages are attached to
dwelling units.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
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With the approval of Request II, Textual Statement Sections I.(D)6. and II.(F) of Case
07SN0292 dated December 6, 2007, revised May 15, 2008, shall be modified as provided
in the proffered conditions below. All other conditions of Case 07SN0292 shall remain
in force and effect. (P)
PROFFERED CONDITIONS
The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the property known as Chesterfield
County Tax IDs 794-666-5242, 794-666-5947, 794-666-4339 from R-7 to C-3 with a
Conditional Use to permit Residential Multi-Family use and for amendment to the textual
statement of Chesterfield County Tax IDs. 794-666-8176 and 794-666-6515, requesting an
amendment to Zoning Case No. 07SN0292 to reduce the building setback adjacent to the
communications tower and modify front loaded garage requirements, and subject to the
conditions and provisions as set forth below; however, in the event the request is denied or
approved with conditions not agreed to by the Applicant, these proffers and conditions shall be
immediately null and void and of no further force or effect.
The following amendments shall apply to Tax IDs 794-666-8176 and 794-666-6515:
(Staff Note: The following section pertains to Request II.)
2 10SN0252 JUL28-BOS-RPT
The applicant hereby amends the Textual Statement dated December 6, 2007, revised May 15,
2008 as follows:
Section I.(D) Uses permitted shall be limited to:
6. A 199' communications tower which is currently located on the Property. Said
tower shall comply with the requirements of Case No. 98PD0243 and the
following:
(a) Evergreen plantings having an initial height and spacing to provide
screening of the base of the tower and accessory ground mounted
equipment or structures from adjacent properties shall be planted along the
fence surrounding the communications tower.
(b) There shall be a sixty-five (65) foot setback for buildings, parking and
drives from the security fence around the base of the communication
tower on the east, west and south sides of the fence except for the partial
drives and waste collection area as shown on Exhibit B.
(c) There shall be a thirteen (13) foot setback for buildings, parking, and
drives from the security fence around the base of the communication
tower on the north side of the fence; however, no dwelling units may be
located closer than sixty five (65) feet from the security fence around the
base of the communication tower.
(d) Within the tree preservation area shown on Exhibit B, grading necessary
for improvements shall be minimized so as to preserve as much existing
vegetation as practical. If mature trees are removed with the tree
preservation area shown in Exhibit B which diminish the screening of the
communication tower, the applicant shall replant fast-growing trees which
upon reaching maturity will provide similar screening to the existing
mature trees that are removed.
(e) The existing access road to the communications tower shall not be
widened unless required by the Fire Department or any other
governmental agency. (P)
Section II.(F) Gara es: Front loaded garages which are attached to dwelling units shall be
located no closer to the street than the front facade of the dwelling unit. (P)
The following conditions shall apply to Tax Ids. 794-666-5242, 794-666-5947, 794-666-4339:
(Staff Note: The following conditions pertain to Request I.)
3 10SN0252 JUL28-BOS-RPT
General Conditions
1. A. The development may have a traditional mixed use development design
with a mix of residential and non-residential uses within blocks and/or
within a building. Buildings will be located close to the sidewalks and
other buildings, the streets lined with trees and sidewalks, on-street
parking, and open spaces.
B. The mixing of residential and non-residential uses may be permitted if a
Mixed Use Plan is submitted for review and approval by either the
Planning Department or the Planning Commission at the election of the
developer. Such review will be subject to appeal in accordance with the
provision of the Zoning Ordinance for site plan appeals. The Mixed Use
Plan shall address the land use transitions and compatibility between the
different uses and adjacent properties. Land use compatibility and
transitions may include, but not necessarily limited to, the exact locations
of uses, buffers and site design.
C. The Property shall be developed as an integral part of the overall Colony
Village development plan. (P)
2. Uses permitted shall be limited to:
A. Uses permitted by right or with restriction in the Community Business (C-
3)District.
B. Except that dwelling units shall not be permitted, uses permitted by right
or with restriction in the Residential Multi-family (RMF) District.
C. Accessory uses permitted in the R-MF and C-3 Zoning Districts, except as
restricted herein. (P)
3. Mixed-Use Buildings, as defined as multi-story buildings that accommodate a
combination of commercial and/or office and/or residential uses within the same
structure. This does not preclude single-use buildings. (P)
4. The following uses shall not be permitted on the Property:
1. Feed, seed and ice sales;
2. Fraternal uses;
3. Indoor flea markets;
4. Kennels, commercial;
5. Material reclamation receiving centers;
6. Motor vehicle sales and rental;
7. Secondhand and consignment stores; and
8. Taxidermies. (P)
4 10SN0252 JUL28-BOS-RPT
5. Street Trees. Street trees shall be planted along both sides of all public streets and
all private streets that provide general circulation throughout the development. (P)
6. Architectural Standards. The development shall have the same architectural style,
colors and materials as Colony Village development unless otherwise approved
by the Director of Planning. (P)
7. Sidewalks. Sidewalks shall be installed along both sides of all public and private
streets that provide general circulation throughout the development. (P)
8. Landsca e. In addition to Landscape H, there shall be a four (4) foot decorative
fence with low evergreens shrubs installed on the Property along its frontage on
Vella Road. (P)
GENERAL INFORMATION
T,~cati~n:
The property fronts approximately 300 feet on the south line of Vella Road, 300 feet
west of Jefferson Davis Highway and also fronts approximately 830 feet on the west line
of Jefferson Davis Highway, 160 feet south of Vella Road. Tax IDs 794-665-8176 and
794-666-4339, 5242, 5947 and 6515.
Existin.~g:
R-7, C-3 and C-5
Size:
17.4 acres
Existing Land Use:
Existing land uses include commercial, manufactured home park, traditional single-
family residential and manufactured home use.
Adjacent Zoning and Land Use:
North - R-7, C-3 and C-5; Single-family residential, commercial or vacant
South - R-7, I-l, and A; Single-family residential, commercial or vacant
East - C-5; Commercial or vacant
West - R-7 and A; Residential or vacant
5 10SN0252 JUL28-BOS-RPT
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Public Water and Wastewater S,, std:
Use of the public water and wastewater systems were proffered on the portion of the
property zoned with Case 07SN0292. Use of these systems on the portion of the property
fronting the south line of Velda Road is required by county code.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south via tributaries to Proctors Creek. There are
currently no on- or off site drainage or erosion problems and none are anticipated after
development.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire ~Prvi~P~
The Centralia Fire Station, Company Number 17, 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.
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No students will be generated by this request; therefore this request will not impact
schools (Proffered Condition 2.B.). This site lies in the Bellwood Elementary School
attendance zone: capacity - 377, enrollment - 451; Salem Middle School zone: capacity -
959, enrollment - 847; and Bird High School zone: capacity - 2,003, enrollment - 1,886.
The enrollment is based on September 30, 2009, and the capacity is as of 2009-2010.
There are currently nine (9) trailers at Bellwood Elementary, fourteen (14) at Salem
Middle and five (5) trailers at Bird High.
Libraries and Parks and Recreation:
This request will have no impact on these facilities.
6 10SN0252 JUL28-BOS-RPT
County Department of Transportation:
The amendment to Case 07SN0292 relative to setbacks (Request II) will have no impact
on the transportation network.
Conditions proffered with the request to rezone a portion of the property (Request I) will
not limit development to a specific land use; therefore it is difficult to anticipate traffic
generation. Based on trip rates for a shopping center, development could generate
approximately 1,700 average daily trips (ADT).
The property is located within the Jefferson Davis Highway Enterprise Zone. Based on
the Board of Supervisors' policy regarding development within the Enterprise Zone, road
improvements will not be required by the County. Road improvements may be required
by the Virginia Department of Transportation (VDOT).
At time of site plan review, specific recommendations will be provided regarding access,
internal circulation, and right-of way dedication.
Virginia Department of Transportation (VDOT):
VDOT has no comment on this request.
Financial Impact on Capital Facilities:
This case has been evaluated under the existing cash proffer policy. It has been
determined that the request for rezoning from Residential (R-7) to Community Business
(C-3) with conditional use to permit multi-family residential use on 1.2 acres and
amendment of conditional use planned development (Case 07SN0292) relative to
setbacks will result in no increase in the maximum number of dwelling units previously
approved with Case 07SN0292. Therefore, there is no increased fiscal impact.
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Comprehensive Plan:
The subject property is located within the boundaries of the Jefferson Davis Corridor
Plan which suggests the property is appropriate for community commercial and general
commercia use.
An important mission of the Plan is to encourage a sustainable, highly livable and
workable community. Goals of the Plan include making the Jefferson Davis Corridor a
better place to live and work by balancing economic demands of development with the
needs of the people to create a sense of place, attractiveness and comfort; strengthening
residential neighborhoods; promoting the availability of work places offering job
opportunities; and, providing necessary public and commercial services to meet the
diverse needs of area residents. The Plan recognizes that flexible redevelopment of
7 10SN0252 JUL28-BOS-RPT
certain areas are opportunities to revitalize underused tracts within the corridor which
will strengthen business areas and neighborhoods.
Area Development Trends:
Area properties are zoned for and occupied by a variety of commercial and residential
uses (including traditional single-family dwellings and manufactured homes) or are
vacant. It is anticipated that a mix of commercial, office, light industrial and higher
density residential uses will continue in the area, as recommended by the Plan.
Zonin Hwy:
On July 1,1964 the Board of Zoning Appeals approved a use permit (Case 64-65 A) on a
portion of the property to allow sixty-five (65) manufactured homes. The applicant
advises that there are currently thirty-four (34) manufactured homes remaining on the
property. However, these manufactured homes continue to be removed to meet a planned
closure date for the manufactured home park of September 2010.
On March 17, 1998 the Planning Commission determined that a communications tower
on a portion of the request property was substantially in accord with the Comprehensive
Plan (Case 98PD0243) subject to conditions relative to security fencing, tower design and
lighting. (Exhibit B)
On April 1, 1998 the Board of Zoning Appeals granted a variance (Case 98AN0199) to
height limitations to permit a 199 foot communications tower on a portion of the request
property. (Exhibit B)
On May 28, 2008 the Board of Supervisors approved conditional use and conditional use
planned development (Case 07SN0292) on the 16.2 acre portion of the request property
(which is the property contained in Request II) to permit multi-family residential and
commercial use plus exceptions to ordinance requirements. This approval permitted the
property to be developed for up to a maximum of 275 dwelling units, all commercial uses
(except as restricted in the case) or a combination of such uses. Conditions of approval
set standards for mixing of uses, access limitations, permitted uses, landscaping,
architecture, setbacks, buffers, sidewalks, open space and density.
Since 1973 manufactured home permits have been granted to various applicants on the
1.2 acre portion of the property, which is the portion of the property contained in Request
I (Cases 73-71, 75SR089, 77SR0106, 79SR091, 84SR086, 89SR0251, 90SN0208,
97SR0212 and 04SN0254).
8 10SN0252 JUL28-BOS-RPT
Re ue st I
Uses:
The applicant proposes to develop this portion of the request property in a manner
which is accessory to the Colony Village development on the portion of the
request property zoned Community and General Business (C-3 and C-5).
Specifically, an access drive, parking, detached garages and accessory storage
units are planned to serve the Colony Village development. However, if this
request is approved, commercial and residential uses permitted in Community
Business (C-3) and Multi-family Residential (R-MF) Districts would be permitted
except as restricted by Proffered Conditions 2 and 4. These conditions prohibit
dwelling units and other uses (such as motor vehicle sales and rental and indoor
flea markets) on this portion of the request property.
A manufactured home has been located on a 0.4 acre portion of the request
property since 1973. By separate application (Case lOSN0110), Bobby VV.
Powers is seeking renewal of this manufactured home permit until December 31,
2010. It is important to note that should that the manufactured home permit be
granted and subsequently this rezoning request is approved, then the
manufactured home would be anon-conforming use. The manufactured home
would be permitted to remain on the property subject to the conditions of
approval of Case lOSN0110, including the proposed time limit until December
31, 2010. Non-conforming uses may not be enlarged, extended, reconstructed,
substituted or structurally altered except as allowed by the Zoning Ordinance.
Development Plan:
The request property lies within the Jefferson Davis Highway Corridor District.
Unless further regulated by proffered conditions, redevelopment of the site or new
construction must conform to the requirements of the Zoning Ordinance which
address standards to encourage reinvestment and revitalization of the area. Such
standards address access, parking, landscaping, architectural treatment, setbacks,
buffers, signs and screening.
Should Request I (to rezone a 1.2 acre portion of request property) be approved,
commercial and multi-family residential use, except for dwelling units, would be
permitted (Proffered Condition 2). This area will be developed as an integral part
of the larger Colony Village development. As noted above, should this request be
approved, this portion of the property is planned to provide access to Velda Road,
as well as additional parking, accessory storage space and garages for residential
units within the Colony Village development. It is important to note that other
commercial or residential multi-family uses (except for dwelling units) would also
be permitted; therefore the proffered conditions address transitions between uses
and requirements for street trees, sidewalks and landscaping. (Proffered
Conditions 1, 3, 5, 7 and 8)
9 10SN0252 JUL28-BOS-RPT
Architecture'
Proffered Condition 6 would require development of this portion of the request
property to have the same architectural style, colors and materials as the Colony
Village development unless otherwise approved by the Director of Planning. A
condition of approval of the Colony Village (Case 07SN0292) requires that
development to have a similar architectural style and materials to the Chester
Village Green development.
Re ue st II
Development Plan:
Development on this portion of the property is being planned as Colony Village
and is subject to the conditions of approval for Case 07SN0292 which address
mixing of uses, access limitations, permitted uses, landscaping, architecture,
setbacks, buffers, sidewalks, open space and density. This portion of the property
also lies within the Jefferson Davis Highway Corridor District and, unless further
regulated by zoning conditions, development of Colony Village must conform to
the requirements of the Zoning Ordinance which address access, parking,
landscaping, architectural treatment, setbacks, buffers, signs and screening.
Setbacks from Communications Tower:
The existing 199 foot communications tower is proposed to remain on a portion
of the request property (Exhibit B). The tower location is subject to conditions
from the 1998 approval and Case 07SN0292 which addressed security fencing,
tower design, lighting, setbacks and screening of accessory and ground mounted
equipment. These noted conditions have typically been approved where towers
are located in the vicinity of residential uses or other visible areas to assure
sufficient landscaping is installed at an initial height and spacing to provide
screening of the base of the tower and accessory ground mounted equipment and
structures.
At issue with this request is the sixty-five (65) foot setback for buildings from the
base of the tower required by Case 07SN0292. Specifically, amendment to
Textual Statement Section I.(D)6.of Case 07SN0292 is proposed to reduce the
setback for buildings on the north side of the tower from sixty-five (65) feet to
thirteen (13) feet (Exhibit B). Setbacks for buildings from the south, east and west
sides of the tower would still be sixty-five (65) feet.
The proposed amendments to the Textual Statement, while allowing a garage
building to be located closer to the north side of the tower compound, would
require setbacks for parking and drives that would provide increased separation
between the tower and the planned Colony Village development and minimize
tower visibility. Conditions of Case 07SN0292 only provided a setback for
10 10SN0252 JUL28-BOS-RPT
buildings, which would allow parking and drives right up to the tower compound.
In addition, conditions of Case 07SN0292 required screening of the base of the
tower and mechanical equipment but did not require any existing vegetation to be
preserved. If this current request is approved, setbacks for parking and drives
would be required (Textual Statement Section I. (D)6.(b) and (c)) which will
better separate development from the existing tower. A garage building would
reduce visibility of the base of the tower.
Tree Preservation:
If mature trees are removed within the setback areas (shown as the tree
preservation area on Exhibit B), the applicant will replant trees which upon
reaching maturity will provide similar screening to existing mature trees (Textual
Statement Section I.(D)6.(d)). Protecting and replacing mature vegetation where
removal cannot be avoided will minimize views of the tower from the residential
development. In addition, the existing access road to the tower will not be
widened, which will serve to increase tree preservation around the tower.
(Textual Statement Section I.(D)6.(e)).
Setbacks for Front Loaded Garages:
To clarify that the setback requirement of Case 07SN0292 does not apply to
planned detached garage structures, a modification to Textual Statement Section
II.(F) is proposed so that the setback requirement would apply only to front-
loaded garages which are "attached" to dwelling units. The applicant has stated
that at this time, no attached garages are proposed.
CONCLUSIONS
Staff recommends approval of Request I to rezone a portion of the request property from
Residential (R-7) to Community Business (C-3) with conditional use to permit multi-family
residential use. The proposed commercial zoning and land uses conform to the Jefferson Davis
Corridor Plan which suggests the property is appropriate for community commercial and general
commercial use. In addition, this portion of the request property will be developed as an integral
part of the planned Colony Village development therefore the proposed accessory residential use
is appropriate.
Staff also recommends approval of Request II to amend conditional use planned development
(Case 07SN0292) relative to setbacks from the communications tower and for front-loaded
garages. As conditioned, visibility of the tower would be better minimized even with the reduced
building setback because setbacks for parking and drives from the tower and tree preservation
within these setbacks would be guaranteed. Further, modification to the setback for front-loaded
garages simply clarifies that this additional setback is required only when such garages are
attached to dwelling units.
11 10SN0252 JUL28-BOS-RPT
CASE HISTORY
Staff (7/7/10):
If the Planning Commission acts on this request on July 20, 2010 the case will be
considered by the Board of Supervisors on July 28, 2010.
The Board of Supervisors on Wednesday, July 28, 2010, beginning at 6:30 p.m., will take under
consideration this request.
12 10SN0252 JUL28-BOS-RPT
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13281 RIVERS BEND BLVD., SUITE 201 CHESTER, VA 23836
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