11SN0150CASE MANAGER: Jane Peterson
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11SN0150
Three Hoos LLC
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April 27, 2011 BS
Dale Magisterial District
North line of Beulah Road and the east line of Kingsland Road
REQUEST: Rezoning from Agricultural (A) to Community Business (C-3).
PROPOSED LAND USE:
Commercial uses are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed commercial zoning and land uses do not conform to the Central
Area Plan, which suggests the property is appropriate for a mix of office and
residential uses, except multi-family.
B. The proposed zoning and land uses are not representative of, nor compatible with,
existing and anticipated area residential development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER
CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS.
CONDITIONS NOTED ONLY AS "CPC" ARE RECOMMENDED BY THE
PLANNING COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
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 ID 772-674-9442 (part off, 772-674-8642 (part o~ and 773-674-1653 from A to C-
3, 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 shall
be immediately null and void and of no further force or effect.
(CPC) 1. 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)
(CPC) 2. Utilities. Public water and wastewater systems shall be used. (U)
(CPC) 3. Buffers. A forty (40) foot buffer shall be provided along the eastern
property line adjacent to 773-674-4162 for so long as such property is
zoned or used for residential purposes. The buffer shall conform to the
requirements of the Zoning Ordinance for buffers and shall be inclusive of
required setbacks. To provide additional screening, the buffer shall be
supplemented with evergreen plantings along the property line abutting
773 -674-4162. The evergreen plantings shall be approved by the Planning
Department at the time of site plan approval. No irrigation shall be
require . (P)
(CPC) 4. Public Address Systems. Outside public address systems or speakers shall
not be used. (P)
(CPC) 5. Dedication. Prior to any site plan approval, or within sixty (60) days of a
written request by the Transportation Department, whichever occurs first,
the following rights-of way shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County:
a. One hundred (100) feet of right-of way, on the east side of Iron
Bridge Road (Route 10) measured from the centerline of that part
of Route 10 immediately adj acent to the Property;
b. Forty-five (45) feet of right-of way, on the north side of Kingsland
Road measured from the centerline of that part of Kingsland Road
immediately adj acent to the Property; and
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c. Forty-five (45) feet of right-of way, on the west side of Beulah
Road measured from the centerline of that part of Beulah Road
immediately adj acent to the Property. (T)
(CPC) 6. Access.
a. There shall be no direct vehicular access from the property to
Kingsland Road.
b. Direct vehicular access from the property to Route 10 shall be
limited to one (1) entrance/exit, generally located at the northern
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 north.
c. Direct vehicular access from the property to Beulah Road shall be
limited to one (1) entrance/exit, generally located towards the
eastern 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 Beulah Road access to
serve the adj acent property to the east. (T)
(CPC) 7. Road Improvements. To provide an adequate roadway system, the
Developer shall be responsible for the following road improvements:
a. Construction of an additional lane of pavement along the
northbound lanes of Route 10 from the Route 10/Kingsland Road
intersection to the northern property line;
b. Construction of additional pavement along the northbound lanes of
Route 10 at the approved access to provide a separate right turn
lane;
c. Construction of an additional lane of pavement along Beulah Road
at the approved access to provide a left and right turn lane;
d. Widening /improving the west side of Beulah Road for the entire
property frontage to an eleven (11) foot wide travel lane, measured
from the existing centerline of the road, with an additional one (1)
foot wide paved shoulder plus a seven (7) foot wide unpaved
shoulder, and overlaying the full width of the road with one and
one half (1.5) inches of compacted bituminous asphalt concrete,
with modifications approved by the Transportation Department;
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e. Construction of a sidewalk along the entire property frontage to
Route 10, Kingsland Road, and Beulah Road. The exact design and
location of this improvement shall be approved by the
Transportation Department; and
f. Full cost of traffic signal modifications at the Route 10/Kingsland
Road intersection, if warranted, as determined by the
Transportation Department;
g. 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 reasonable 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 the "off site" right-of way, the
Developer shall be relieved of the obligation to acquire the "off
site" right-of way as determined by the Transportation
Department. (T)
(CPC) 8. Phasin.~ Plan. Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition 7, shall
be submitted to and approved by the Transportation Department. The
approved phasing plan shall require, among other things, that prior to the
issuance of an occupancy permit for any development with sole vehicular
access to Beulah Road and no more than 4,500 square feet of office use, or
equivalent traffic generation as determined by the Transportation
Department, only the road improvements as identified in Proffered
Condition 7.d. and part of 7.e. (sidewalk along Beulah Road only) shall be
completed. (T)
GENERAL INFORMATION
Location:
The request property is located along the north line of Beulah Road and the east line of
Iron Bridge Road. Tax IDs 772-674-Parts of 8642 and 9442; and 773-674-1653.
Existing:
A
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Size:
4.3 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - A; Single-family residential
South - C-3 and A; Single-family residential or vacant
East - A; Single-family residential
West - C-3; Vacant
T 1TTT ,TTTF,C
Public Water S,, sue:
The requested site is within the Courthouse Tank Water Pressure Zone. There is an
existing sixteen (16) inch water line located at the intersection of Iron Bridge Road and
Kingsland Road, approximately 230 feet from the request site. In addition, there is an
existing twelve (12) inch water line extending along Yellowleaf Drive that terminates
adjacent to Beulah Road, approximately 500 feet northeast of the request site. The
applicant has proffered to connect to the public water system. (Proffered Condition 2)
Public Wastewater S,, sue:
The request site is located within the Kingsland Creek sewer service area. Atwenty-one
(21) inch wastewater trunk line extends along a portion of Reedy Creek and terminates at
a point approximately 925 feet west of Salem Church Road, approximately 5,475 feet
east of this site. While service from the Reedy Creek trunk line is the designated direction
of service, the plans for the Summertree subdivision allow for a limited service area
along Route 10 from the existing eight (8) inch wastewater collector line in Yellowleaf
Court. An off site extension of approximately 560 feet will be necessary to serve this site
from Yellowleaf Court. Easements exist to facilitate this extension. An alternate service
route would be an extension from the existing twenty-one (21) inch wastewater trunk line
along Kingsland Creek, approximately 1,300 feet north of this site. Easements along Iron
Bridge Road will need to be acquired. The applicant has proffered to connect to the
public wastewater system. (Proffered Condition 2)
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ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the east under Beulah Road, then via tributaries to
Kingsland Creek. There are currently no known on-site drainage or erosion problems.
The pipe under Beulah Road appears to be inadequate. This will require on-site facilities
to retain the runoff such that the current culvert meets the Virginia Department of
Transportation's (VDOT) criteria, enlargement of the culvert to adequately handle the
water to meet VDOT criteria, or a combination of both. In any of these instances, off site
easements may be required. The area to the north of this site is in a large suppressed area
that has no drainage outlet and the lowest point of relief is to the south on the subject
property. At time of site development, the developer will be required to provide an
adequate outfall for that area that has no other natural outfall.
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
insure that proper erosion control devices are in place prior to land disturbance activity.
(Proffered Condition 1)
Water ualit
The parcel is extremely flat and has the potential of containing a high percentage of
wetlands.
PUBLIC FACILITIES
Fire ~ervice~
The Airport Fire Station, Company Number 15, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS. Fire protection issues will be addressed at site plan.
County Department of Transportation:
This request will not limit development to a specific land use; therefore, it is difficult to
anticipate traffic generation. Based on shopping center trip rates development could
generate approximately 4,000 average daily trips. The traffic generated by this request
will be distributed to Beulah Road, Kingsland Road, and Route 10. Route 10 had a 2009
traffic count of 30,991 vehicles per day. Beulah Road and Kingsland Road had 2008
traffic counts of 4,082 and 2,970 vehicles per day, respectively.
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right-
of way width of 120 to 200 feet. The applicant has proffered to dedicate 100 feet ofright-
of way measured from the centerline of Route 10, in accordance with the Plan. Beulah
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Road and Kingsland Road are identified as major arterials with a recommended right-of
way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet
of right-of way measured from the centerline of Beulah Road and Kingsland Road, in
accordance with the Plan. (Proffered Condition 5)
Access to major arterials, such as Route 10, Beulah Road and Kingsland Road, should be
controlled to minimize conflict points and help maintain acceptable levels of service on
area roadways. The applicant has proffered to limit direct vehicular access to one (1)
entrance/exit along Route 10, generally located at the northern property line, and one (1)
entrance/exit along Beulah Road, generally located at the eastern property line. Also, the
applicant proffered to provide access easements to ensure shared use of both accesses
with adjacent properties to the north and east, respectively. The applicant has proffered
no direct vehicular access to Kingsland Road. (Proffered Condition 6)
The traffic impact of this development must be addressed. The applicant has proffered
customary road improvements, such as construction of an additional lane of pavement along
Route 10, shoulder and pavement widening improvements along Beulah Road, turn lanes at
each approved access, traffic signal modifications, and sidewalks. The applicant has also
proffered that a phasing plan for these road improvements will be submitted at time of site
plan review for Transportation Department review and approval (Proffered Condition 8).
According to Proffered Condition 8, the approved phasing plan will require
widening/improving Beulah Road along the development's frontage to provide an eleven
(11) foot travel lane, one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved
shoulder, and sidewalk with any development with sole access to Beulah Road and no more
than 4,500 square feet of office use, or equivalent traffic generation, as determined by the
Transportation Department. Any development with access to Route 10 or more than 4,500
square feet of office use, or equivalent traffic generation, would require the developer to
provide additional road improvements as identified in Proffered Condition 7 and defined in
the approved phasing plan at time of site plan. (Proffered Condition 8)
Acquisition of "off site" right-of way may be necessary to construct the left and right
turn lanes along Beulah Road. According to Proffered Condition 7.g., 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 Beulah 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.
Vir ing is Department of Transportation (VDOT):
Access to Iron Bridge Road is subject to the access management requirements of VDOT,
as found in the Code of Virginia 24VAC-30-72 for "Principal Arterials," and the
guidance provided in the VDOT Road Design Manual, Appendix F. These requirements
address location of entrances, and spacing relative to intersections, other entrances, and
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crossovers. Access to principal arterials has requirements that are more stringent than
those applicable to minor arterials, collectors and local roads.
The proposed connection to Beulah Road is subject to the access management
requirements of VDOT, as found under Code of Virginia 24VAC 30-73 for "Minor
Arterials, Collectors, Local Streets," and the guidance provided in the VDOT Road
Design Manual, Appendix F. These requirements address location of entrances, and
spacing relative to intersections, other entrances, and crossovers.
The submitted application did not include any consideration of traffic generation by
proposed uses of the site. Therefore, turn lane warrants to the site shall be provided, as
appropriate, at the time of construction plan submission. Turn lanes shall be provided, if
warranted, in accordance with VDOT design and construction practices.
Detailed comments will be made as construction plans are reviewed.
T .ANTI T 1CF.
Comprehensive Plan:
The subject property is located within the boundaries of the Central Area Plan which
suggests the property is appropriate for a mix of uses to include residential developments
of various densities, except multi-family, 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, specifically at intersections with Chippenham
Parkway, Irongate Road and at the southeast quadrant of Route 10 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.
It should be noted that existing Community and General Business (C-3 and C-5) zoning
south and west of the Ironbridge/Kingsland Roads intersection was zoned prior to the
adoption of the Central Area Plan in 1997.
Area Development Trends:
Area properties to the north along Iron Bridge Road and to the east along Beulah Road are
zoned Agricultural (A) and are occupied by single-family dwellings or are developed as part
of the Summertree subdivision. Properties along the west line of Iron Bridge Road are zoned
Community Business (C-3) and are currently vacant or Residential (R-7) as part of the
Watermark subdivision. Community Business (C-3) and Agricultural (A) zoned properties
are located at the southeast quadrant of the Iron Bridge/Kingsland Roads intersection and
are either vacant oroccupied by asingle-family residence.
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Development Standards:
The request property lies within an Emerging Growth Area. The purpose of the Emerging
Growth Standards is to promote high quality, well-designed proj ects. Except as regulated by
conditions of zoning, 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.
Uses:
In response to concerns expressed by an area property owner, Proffered Condition 4
precludes the use of outside public address systems. It should be noted that these systems are
currently not permitted in the C-3 District without conditional use approval.
Buffers:
Within C-3 Districts, buffers are only required adjacent to Agricultural (A) property when
such property is vacant and designated on the Plan for residential use. As such, buffers are
not required along the northern and eastern limits of the subject property given that these
adjacent agricultural parcels are occupied by single-family residences. In response to
concerns expressed by the adjacent property owner to the east, Proffered Condition 3
provides for buffering unless and until this adjacent property is rezoned or used for non-
residential purposes. While this proffer does not provide for irrigation, the Ordinance
requires a readily available water supply, such as a hose bibb connection, to guarantee the
sustainability of supplemental plant materials within this buffer area.
CONCLUSION
The proposed commercial zoning and land uses do not conform to the Central Area Plan.
Specifically, the Plan seeks to minimize strip commercialization along the Route 10 Corridor by
suggesting appropriate commercial nodes at strategic locations along the corridor with
transitional land uses, such as office and residential uses, between existing and future residential
development and higher intensity uses. Approval of this request could set a precedent for
additional commercial development extending along this corridor contrary to the
recommendations of the Plan.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/15/1 l):
On their own motion and with the Applicant's consent, the Commission deferred this
case to their March 15, 2011 public hearing.
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Staff (2/16/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 21, 2011 for consideration at the
Commission's March 15, 2011 public hearing.
Applicant (3/ l/ l l and 3/3/ l l)
Revised proffers were submitted.
Planning Commission Meeting (3/15/l l):
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Dr. Brown stated that neighborhood concerns had been addressed; that the proposal was
consistent with the reality of development along the corridor; and would provide services
to support area neighborhoods.
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. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday, April 27, 2011, beginning at 6:30 p.m., will take
under consideration this request.
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