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02SN0288-Aug28.pdfAugust 28, 2002 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 02SN0288 James M. Archer Matoaca Magisterial District North line of Hickory Road REQUEST: Rezoning from Neighborhood Business (C-2) and Agricultural (A) to General Business (C-5) with Conditional Use Planned Development to permit a motor veh/cle storage/towing lot and exceptions to Ordinance requirements. PROPOSED LAND USE: Re-development of a convenience store, a motor vehicle service and repair business, and a motor vehicle storage/towing lot are planned. Uses permitted are limited to Neighborhood Business (C-2) uses, a motor vehicle service and repair business and a motor vehicle storage/towing lot. (Proffered Condition 1) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed Neighborhood Business (C-2) uses conform to the Southern and Western Area Plan which suggests the request property is appropriate for a Neighborhood Mixed Use Center. Providing a FIRST CHOICE Community Through Excellence in Public Service. While the Plan suggests that this area is appropriate for Neighborhood Mixed Use Center, the property has been used for the proposed General Business (C-5) uses for approximately sixty (60) years with no apparent detriment to the surrounding area. Through this rezoning, the site can be better re-developed in a manner which more closely meets current development standards. Existing development standards and proffered conditions further ensure land use compatibility with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR 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.) CONDITION (STAFF/CPC) In conjunction with the granting of this request, the following exceptions shall be granted: A fifty (50) foot exception to the seventy-five (75) foot setback requirement from Hickory Road. A twenty (20) foot exception to the thirty (30) foot driveway and parking setback requirement from the eastern property boundary, and a ten (i0) foot exception to the thirty (30) foot setback requirement for parking associated with any motor vehicle storage/towing lot from the eastern property boundary. A ten (10) toot exception to the thirty (30) foot building setback requirement from the eastern property boundary. An exception to the requirement that any motor vehicle storage/towing lot be paved. Any such area which is not paved shall have a minimum surface of six (6) inches of Number 21 or 2lA stone. (P) PROFFERED CONDITIONS (STAFF/CPC) 1. The uses permitted shall be limited to the following: 2 02SN0288-AUG28-BOS A. Those uses permitted by right or with restrictions in the Neighborhood Business (C-2) District; B. Motor vehicle service and repair; and, Motor vehicle storage/towing lot subject to the requirement that such lot shall be screened from view of adjacent properties and public rights of way and the lot shall not exceed an area of 20,000 gross square feet. (P) (STAFF/CPC) Ifa retention pond or any water quality pond is provided within the setback along Hickory Road, such pond shall be designed as a wet pond and an amenity. The exact design and treatment shall be approved at the time of site plan review. (EE) (STAFF/CPC) Prior to final site plan approval, forty-five (45) feet of right-of-way on the north side of Hickory Road, measured from the center of that part of Hickory Road immediately adjacent to the property, shall be dedicated, free and mzrestricted, to and for the benefit of Chesterfield County. (T) (STAFF/CPC) Direct access from the property to Hickory Road shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) (STAFF/CPC) Prior to issuance of a final occupancy permit, additional pavement shall be constructed along Hickory Road at the approved access to provide a left and/or right turn lane, based on Transportation Department standards. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way (er easements) required for these road improvements. (T) GENERAL INFORMATION Location: North line of Hickory Road, east of Rowlett Road. Tax ID 764-625-Part of 7271 (Sheet 40). Existing Zoning: C-2 and A Size: 2.98 acres 3 02SN0288-AUO28-BOS Existing Land Use: Formerly site of Archer's Grocery and Garage, a non-conforming convenience store, automobile service and repair business and motor vehicle storage/towing lot, which was recently destroyed by fire Adjacent Zoning and Land Use: North, South, East and West - A; Single family residential or vacant UTILITIES Public Water System: There is an existing thirty (30) inch water line at the intersection of Hickory and Sandy Ford Roads, approximately 9,500 t~et east of this site. In addkion, there is a sixteen (16) inch water line at the intersection of River and Hickory Roads, approximately 10,100 feet west of this site. The public water system is not available to serve the request site. The request site lies w-ithin the area of the Southern and Western Area Plan which mandates use of the public water system (Section 18-63(b) of the County Code). However, provided certain criteria are met, a waiver of the mandatory use of public water may be granted by the Planning Commission at the time of site plan review. (Sec. 18-63 (e)) Public Wastewater System: The public wastewater system is not available to serve the request site. Due to generally favorable soils in this area, private septic systems are permitted. The Health Department must approve any new septic systems or the expanded usage of the existing septic system. ENVIRONMENTAL Drainage and Erosion: The property drains to the rear to an existing small pond, and then via tributaries to Swift Creek. There are no existing or anticipated on- or off-site drainage or erosion problems. Water Quality Based on the development of the request property, it may be necessary for the applicant to provide a retention pond or a water quality pond. Proffered Condition 2 provides that if these facilities are located within the front setback along Hickory Road, these areas will be designed and landscaped so as to become amenities for uses developed on the property. (Proffered Condition 2) 4 02SN0288-AUG28-BOS PUBLIC FACILITIES Fire Service: The Phillips Volunteer Fire Station, Company Number 13, and Ettrick-Matoaca Volunteer Rescue Squad currently provide fire protection and emergency medical service. Public water supply is not available therefbre fire suppression operations may be delayed until a water shuttle operation is established. It should be noted, there have been two (2) structure fires at this facility in the past five (5) years. Transportation: The property (approximately three (3) acres) is currently one-third (1/3) zoned Neighborhood Business (C-2), m~d the balance zoned Agricultural (A). The applicant is requesting rezo~fing that will allow General Business (C-5) uses to be developed on the property. This request will not limit development to a specific land use; therefbre, it is difficult to anticipate traffic generation. Based on typical shopping center trip rates, the development could generate approximately 3,140 average daily trips. These vehicles will be distributed along Hickory Road, which had a 2000 traffic count of 1,666 vehicles per day. The capacity of this road is acceptable for the volume of traffic it currently carries. Sections of Hickory Road have twenty (20) to twenty-one (21) feet wide pavement with no shoulders. The standard typical section for this type of roadway should be twenty-four (24) feet wide pavement, with minimum eight (8) feet wide shoulders. The Thoroughfare Plan identifies Hickory Road as a mai or arterial 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 Hickory Road, in accordance with that Plan. (Proffered Condition 3) Development must adhere to the Development Standards Manual in the Zoning Ordinance, relative to access and internal circulation (Division 5). Access to major arterials, such as Hickory Road, should be controlled. The applicant has proffered that direct access from the property to Hickory Road will be limited to one (1) entrance/exit (Profibred Condition 4). In conjunction with development of the property, a wide paved area along Hickory Road (approximately 200 feet) was constructed lbr access to the site. With any development/redevelopment of the property, the access must be modified to better control/channel traffic into and out of the property at the approved access. The traffic impact of this development must be addressed. The applicant has proffered to construct additional pavement along Hickory Road at the approved access to provide a left and/or right turn lanes, based on Transportation Department standards (Proffered Condition 5). Providing either the left or right turn ~vill require the developer to acquire "off-site" right of way. 5 02SN0288-AUG28-BOS Part of the property was developed for a convenience store with gas pumps (commonly ka~own as Archer's store) and a vehicle repair shop. The applicant intends to redevelop and anticipates constructing a 3,150 square foot convenience store with gas pumps and a four (4) bay vehicle repair shop. Staff has agreed to a phasing plan that will require construction of a right turn hme along Hickory Road based on the applicant's redevelopment pltm. With any additional development or redevelopment that will generate a higher traffic volume, the left turn lane will also be required. At time of site plan review, specific recommendations will be provided regarding access and internal site circulation. LAND USE Comprehensive Plan: The Southern and Western Area Plan designates the request property as part of a Neighborhood Mixed Use Center appropriate for neighborhood-oriented uses (C-2 District) such as small shopping centers, other commercial uses and offices. Zoning History: A non-conforming convenience store and motor vehicle service and repair business and a motor vehicle storage/towing lot, known as Archer's Grocery and Garage, was located on the request property for approximately sixty (60) years until it was destroyed by fire in March, 2002. Because the reconstruction costs would exceed fifty (50) percent of the assessed value, the uses may not be reconstructed on the request property unless such uses conform to the Zoning Ordinance requirements. On April 2, 1986, the Board of Zoning Appeals approved a Variance on the request property to permit the pomh of the convenience store to encroach into the ultimate right of way of Hickory Road. Area Development Trends: Adjacent properties are zoned Agricultural (A) and used for a mix of agricultural and single family residential uses, or are vacant. It is anticipated that a mix of agricultural, large-lot single family residential, and neighborhood commercial uses will continue in this area. Use Limitations: As previously noted, the request property is located within the Southern and Western Area Plan. The Plan designates the request property and immediate surrounding area as a Neighborhood Mixed Use Center where Neighborhood Business (C-2) and office uses are appropriate. The applicant has proffered that uses will be limited to Neighborhood Business (C-2) uses, except that a motor vehicle service and repair business and a motor vehicle 6 02SN0288-AUG28-BOS storage/towing lot (which are General Business (C-5) uses) will also be permitted (Proffered Condition 1). As previously stated, the request for the two (2) General Business (C-5) uses is included to permit the applicant to reconstruct the uses which were located on the request property for approximately sixty (60) years, with no apparent detriment to the area until they were destroyed by fire in March, 2002. in order to address concerns that the entire request property is not developed for a motor vehicle storage/towing lot, the applicant proffered that the storage/towing lot shall not exceed an of area of 20,000 gross square feet. (Proffered Condition l.c.) Site Design: The request property lies within an Emerging Growth District Area. The Zoning Ordinance specifically addresses access, landscaping, setbacks, parking, signs, buffers, utilities and screening of outside storage areas. The purpose of the Emerging Growth District Standards is to promote high quality, ~vell-designed projects. Development of the request property w/ll be subject to these Ordinance standards, except that, if this request is approved, exceptions to setback requirements for buildings, driveways, and parking areas will be granted from the front m~d eastern property boundaries (Condition). The applicant has provided that the location of certain improvements remaining from the previous business (i.e. the septic drain field, and above-ground gasoline storage tank) and the location of a cemetery on the request property necessitate the request for these setback exceptions. In addition, the applicant has requested an exception to the requirement that any motor vehicle storage/towing lot be paved. The applicant has provided that any such area which is not paved will have a minimum surface of six (6) inches of Number 21 or 2lA stone. (Condition) Architectural Treatment: Based upon current Ordinance standards, wittfin Emerging Growth Areas, no building exterior which would be visible to any A or R district or any public right of way may consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property,. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining A district or any public right of way. No building exterior may be constructed of unpainted concrete block or corn~gated and/or sheet metal. Currently, all junction and accessory boxes must be minimized Ikom view of adjacent property and public rights of way by landscaping or architectural treatment integrated with the building served. Mechanical equipment, whether ground-level or rooftop, must be screened from view of adjacent property and public rights of way and must be designed to be perceived as an integral part of the building. 7 02SN0288-AUG28-BOS Buffers and Screening: As stated above, properties surrounding the request property are zoned Agricultural (A) and are occupied by agricultural and single family residential uses, or are vacant. Because the Southern and Western Area Plan designates this adjacent property for non-residential uses, buffers are not required by the Zoning Ordinance. Screening of the motor vehicle storage/towing lot from adjacent properties is a concern. In order to address this concern, the applicant has proffered that the motor vehicle storage/towing lot will be screened from view of adjacent properties and public rights of way. (Proffered Condition 1) In addition, the Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) on property which is adjacent to an A district be screened from view of such district by a masonry or concrete wall which is constructed of comparable materials to and designed to be compatible with the principal building that such area serves. Solid waste storage areas must be screened from view of public rights of way by a solid wall, fence, dense evergreen plantings or architectural feature. Such area within 1,000 feet of any A or R districts shall not be serviced between the hours of 9:00 p.m. and 6:00 a.m. The Zoning Ordinance also requires sites to be designed and buildings oriented so that loading areas are screened from any property where loading areas are prohibited and from public rights of way. CONCLUSIONS The proposed Neighborhood Business (C-2) uses conform to the Southern and Western Area Plan which designates the request property for a Neighborhood Mixed Use Center where neighborhood- oriented businesses such as small shopping centers, other commercial uses and office uses are appropriate. While the Plan suggests that this area is appropriate for Neighborhood Mixed Use Center, the property has been used for the proposed General Business (C-5) uses for approximately sixty (60) years with no apparent detriment to the smTounding area. Proffered Condition I limits the pen,nitted uses to only those two (2) previously existing uses. (Proffered Condition 1) Because the request property was previously developed for the proposed uses, it is possible that the applicant could have pursued Variances in order to re-develop some of the structures as they existed prior to their destruction. Most of these structures not only did not meet current Ordinance standards, but even encroached within the ultimate right of way of Hickory Road. Through this rezoning, the site can be better re-developed in a manner which more closely meets current development standards. Although approval of this request would include relief to current setback standards from Hickory Road and the eastern property boundary, improved development standards on the property will be realized through this rezoning and acceptance of the proffered conditions. These proffered conditions and existing development standards further ensure land use compatibility with existing and anticipated area development. 8 02SN0288-AUG28-BOS Given the foregoing, approval of thls request is recommended. CASE HISTORY Planning Commission Meeting (8/20/02): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Stack, seconded by Mr. Gecker, the Commission recommended approval subject to the condition and acceptance of the proffered conditions on pages 2 and 3. AYES: Unanimous. The Board of Supervisors, on Wednesday, August 28, 2002, beginning at 7:00 p.m., will take under consideration this request. 9 02SN0288-AUG28-BOS 7.365 ACRES ~' { Ill 0~' STATE ROUTE NO. 628 HJCKOR Y R OA D