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10SN0259,• •'~'~'•_~i~ .h{fr ~f~ ..~~. .~{~ +,~..~,f ..~ f.r I~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION l OSN0259 WAWA Dale Magisterial District East line of Iron Bridge Road September 22, 2010 BS REQUEST: Rezoning from Corporate Office (O-2) to Community Business (C-3). PROPOSED LAND USE: Parking areas to serve the adjacent convenience store with gasoline sales located on Tax ID 776-683-3652 are planned. With approval of this request, use of the properties would be restricted to parking that serves use(s) located on the adjacent Tax ID 776- 683-3652, as permitted by Case 98SN0177. (Proffered Condition 1) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. While the proposed zoning and land use do not conform to the Central Area Plan which suggests the property is appropriate for mix of office and residential uses, the area has developed with uses that are more intense than those suggested by the Plan. B. As conditioned, the proposed use is representative of, and compatible with, existing and anticipated area development. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. CONDITIONS NOTED WITH STAFF/CPC WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITIONS The Owners and the Developer, Wawa (the "Developer"), 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, proffer that the development of the property known as part of Chesterfield County Tax Identification Number 776-683-2375, 776-683-3875, 776-683- 1230 (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for rezoning from 0-2 to C-3 is granted. In the event the request is denied or approved with conditions not agreed to by the Owner, the proffers shall immediately be null and void and of no further force or effect. (STAFF/CPC) 1. Uses. The use of the Property shall be restricted to parking that serves use(s) located on the adjacent Tax ID Number 776-683-3652 as permitted by Case 98SN0177. (P) (STAFF/CPC) 2. Timberin . 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) 3. Access and Transportation. a. There shall be no direct access to the Property. All access to the Property shall be internal from the adj acent parcels. b. The existing driveway/curb cut on Tax ID 776-683-2375 shall be removed at the time of construction of the parking area. c. Prior to site plan approval, sixty (60) feet of right-of way on the east side of Route 10, measured from the centerline of that part of the road immediately adjacent tot the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) (STAFF/CPC) 4. Fence. A solid board fence, a minimum of eight (8) feet in height, shall be extended along that portion of the Property line that is parallel to the parking lot and adjacent to Tax ID 776-683-6062. At such time as Tax ID 776-683 -6062 is used for non-residential purposes, the requirement for the fence shall be eliminated. (P) (STAFF/CPC) 5. Parkin. Lot Lighting. Freestanding parking lot lighting fixtures shall not exceed twenty-five (25) feet in height. (P) 2 10SN0259-SEP22-BOS-RPT GENERAL INFORMATION T ,n~ati nn Fronts in two (2) places on the east line of Iron Bridge Road, north of Cogbill Road. Tax IDs 776-683-1230, 2375 and 3875. Existin.~ Zoning: 0-2 with conditional use planned development Size: 1.3 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North - R-7; Single-family residential South - C-3, 0-2 and R-7; Commercial orsingle-family residential East - 0-2; Single-family residential West - C-5 and R-9; Commercial, public/semi-public (church), single-family residential or vacant T TTTT ,TTTF,C Public Water and Wastewater Systems: Proffered Condition 1 limits the subject property to parking uses; therefore, the request will not impact the public water or wastewater systems. ENVIRONMENTAL Drainage and Erosion: The subject property drains to an on-site storm sewer system and then into a Stormwater Management/Best Management Practice (SWM/BMP) basin prior to leaving the property via tributaries to Kingsland Creek. There are no on- or off site erosion problems and none are anticipated after development. The existing BMP can adequately handle the water quantity for the proposed additional drainage. The property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering. This will ensure that 3 10SN0259-SEP22-BOS-RPT adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 2) PUBLIC FACILITIES Fire Service: The Dale Fire Station, Company Number 11, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. County Department of Transportation: This request will have no additional traffic impact. Virginia Department of Transportation (VDOT): VDOT has no objection to this request, but notes that VDOT turn lane warrants must be supplied with any site construction plans that maybe submitted in the future. T,ANn TIFF, Comprehensive Plan: The subject property is located within the boundaries of the Central Area Plan which suggests the property is appropriate for mixed of uses to include residential development of various densities except multifamily, as well as office uses. The Plan seeks to minimize strip commercialization along the Route 10 Corridor by suggesting appropriate commercial nodes at strategic locations along the corridor, specifically at intersections with Chippenham Parkway, Irongate Road and Kingsland Road. The Plan suggests transitional land uses along other portions of the corridor, such as office and residential uses, with appropriate transition between existing and future residential development and higher intensity uses. The Central Area Plan was adopted in 1997. Since that time, several properties along the east line of Iron Bridge Road between Cogbill Road and the Dale Fire Station have been zoned and/or developed for uses that are more intense than those suggested by the Plan. These include the adjacent Community Business (C-3) property developed as a convenience store with gasoline sales and the General Business (C-5) property south of and adjacent to the fire station, permitting a special events business as well as offices and limited commercial uses. Although staff took the position of not supporting these commercial zoning requests due to, in part, conflicts with the Plan, the ultimate approval of these requests is altering the land use character of this section of the Route 10 Corridor. It continues to be imperative that appropriate land use and buffer transitions are maintained between these higher intensity uses and existing single family dwellings on or in proximity to the Corridor, as suggested by the Plan. 4 10SN0259-SEP22-BOS-RPT Area Development Trends: The subject properties border a Community Business (C-3) property which has been developed as a convenience store/gasoline sales business. Properties to the north, south and east are zoned Residential (R-7) and Corporate Office (0-2) and are occupied by single- family dwellings on acreage properties. Community Business (C-3) zoning occupies the northeast quadrant of the Iron Bridge/Cogbill Road intersection. Properties to the west across Iron Bridge Road are zoned Residential (R-9) and General Commercial (C-5) and are developed as single-family residences, a church and commercial uses. It is anticipated that any development/redevelopment should promote property aggregation and provide appropriate transition to existing residential uses. Zonin H.~ istory: On June 24, 1987 the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning to Office Business (0) with Conditional Use Planned Development on a total of 6.6 acres (865133). An office complex with a limited amount of retail was planned. The subject properties were included in this request. On September 9, 1998 the Board of Supervisors, upon a recommendation of denial by the Planning Commission, approved a rezoning from Corporate Office (0-2) to Community Business (C-3) on 2.8 acres (Case 98SN0177). In conjunction with this approval, uses were limited to those uses permitted in the Convenience Business (C-1) and Neighborhood Business (C-2) Districts, plus carry-out and fast food restaurants. Conditions of zoning require that two (2) office buildings be located towards the eastern limits of the property to provide, (in combination with office uses approved to the north, south and east as part of Case 87S 133), transition to neighboring residential uses. This C-3 property, located between the request properties, is currently developed as a convenience store with gasoline sales. The two (2) office buildings to be located within this C-3 property, east of the convenience store, have not yet been developed. Development Standards: The request property lies within an Emerging Growth District Area. The Zoning Ordinance specifically addresses vehicular and pedestrian access, landscaping, architectural treatment, setbacks, parking, signs, buffers, utilities and screening. The purpose of the Emerging Growth District Standards is to provide high quality, well-designed proj ects. Uses: Parking areas to serve the adjacent convenience store with gasoline sales (located on Tax ID 776-683-3652) are planned. With approval of this request, use of the properties would be restricted to parking that serves use(s) located on the adjacent Tax ID 776-683-3652, as permitted by Case 98SN0177 (Proffered Condition 1). These include uses permitted in the Convenience and Neighborhood Business (C-1 and C-2) Districts and carry-out and fast food restaurants. (Case 98SN0177, Proffered Condition 12) 5 10SN0259-SEP22-BOS-RPT Buffer and Fencing: The Emerging Growth District Standards of the Ordinance would require the provision of a seventy-five (75) foot buffer along the northern and southern property boundaries adjacent to residential zoning. This buffer must comply with landscaping requirements of the Ordinance and could only be reduced by the Planning Commission during site plan review. The applicant has indicated intent to seek a waiver to this buffer requirement during the site plan review. It is important that an appropriate transition and separation be provided between the proposed development and the existing residential dwellings. Adjacent property to the east is currently zoned Corporate Office (0-2) and is occupied by a single family dwelling. In 1995, the Board of Supervisors approved a zoning amendment to allow this dwelling, which was a nonconforming use in the 0-2 District, as a permitted use (Case 95SN0287). The Zoning Ordinance would not require buffering between the subject property and this adjacent residence. As such, Proffered Condition 4 provides for a privacy fence between the proposed parking area and this adjacent parcel until such time as this parcel is no longer used for residential purposes. This fence is consistent with fencing provisions on the adjacent convenience store property adjacent to this same residential use. (Case 98SN0177- Proffered Condition 8) Ling: The height of parking lot lighting has been limited consistent with that proffered on the adjacent convenience store site. (Proffered Condition 5) CONCLUSION While the proposed zoning and land use do not conform to the Central Area Plan which suggests the property is appropriate for mix of office and residential uses, the area has developed with uses that are more intense than those suggested by the Plan. As conditioned, the proposed use is representative of, and compatible with, existing and anticipated area development. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (8/17/10): The applicant accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller. 6 10SN0259-SEP22-BOS-RPT The Board of Supervisors, on Wednesday, September 22, 2010, beginning at 6:30 p.m., will take under consideration this request. 10SN0259-SEP22-BOS-RPT BR M ~ PL ~, y Z ~° O ~ O . ~ y ~ . o ~ 0 W h ~ ~ 1 WZ •a LLo W ~ ~, ~ ° ~ • ~ .. 1 w ~ 8~ ' DAL D l3W ~ AR Y _ RK R ~ J J_ ~ ~ ~- o ~ .. ~ ~ v .: ~~ . ~ ~ ~~`~ i •~.~, ~~ U U U N aI ~~.~~ 8N ~I .~ v ' U 0 U W b ~ ~ ~ W ~ ti, M~~ ~o~ ~ 0 z d~ cfla0 ~ i~w~ ~U~ TWO ~ X~U ~~~ H ~ o~ ~ W ~ .. ~ a Y ~ U ~ ~ O U ~ij~ Y ~ Q c~ w a z cn Q IT ~~ ~~~~ ~~I I~ I \~ M V 0 H N ~ ~ ~ O N N Z ~ ~ ~ o a N o ~ O O O 1`r ~