12SN0221CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0221
Henry D. Moore
Bermuda Magisterial District
South line of Carver Heights Drive
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July 25,E 2012 B S
REQUEST: Conditional use planned development approval to permit exceptions to ordinance
requirements relative to a buffer in Community Business (C-3) and Agricultural
(A) Districts.
PROPOSED LAND USE:
A church and associated parking area are proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The strict application of the Zoning Ordinance requirements for a buffer reduces
the usable area of the parcel due to the location of delineated environmental
features.
B. The applicant has proffered a condition that minimizes the potential for adverse
impacts by retaining existing vegetation within the reduced buffer area and
supplementing the buffer under certain conditions.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED "STAFF/CPC" WAS AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(STAFF/CPC) 1. A thirty (30) foot buffer shall be required in accordance with Zoning
Ordinance requirements along the eastern property line as shown on
Exhibit B, dated June 18, 2012, except as follows:
A) The buffer shall be exclusive of the access easement that
serves Tax ID 781-650-5787.
B) The proposed buffer shall be landscaped at one and one-half
(1.5) times Perimeter Landscaping C. Evergreen trees shall
be permitted to be substituted for the small deciduous tree
requirement, as determined by the Planning Department.
C) Where any parking area(s) is constructed adjacent to the
buffer, either a six (6) foot tall solid wood or vinyl fence or
additional evergreen plantings shall be installed between such
parking area(s) and the buffer, as determined by the Planning
Department.
D) A landscape plan depicting these requirements shall be
submitted to the Planning Department for review and
approval in conjunction with any site plan review. (P)
GENERAL INFORMATION
Location:
The request property is located on the south line of Carver Heights Drive, 175 feet west of
Chester Grove Drive. Tax ID 781-650-Part of 3083.
Existing Zonin
A and C-3
Size:
12 acres
Existing Land Use:
Vacant
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Adjacent Zoning and Land Use:
North - A; School (Community High School)
South - A; Single-family residential
East - R-12 and A; Single-family residential (Chester Grove Subdivision) and vacant
West - A; Single-family residential
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Public Water Svstem:
The request site is located in the Courthouse water pressure zone in a mandatory water
connection area known as Carver Heights. The site is currently connected to the public
water. Any new structures will be required to connect the public water system by county
code.
Public Wastewater Svstem:
The site is located in the Proctors Creek sewer service area. Sewer service is available at
a limited capacity from the Chester Grove subdivision. There is an eight (8) inch sewer
line extending along the eastern parcel line of the request site. There is an additional eight
(8) inch sewer line extending along Chester Grove Court. The applicant will need to
consult with their design engineer to determine the extent of service available for this use.
Connection to the public wastewater system is required by county code.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the east and then via tributaries to Swift Creek. The property
is very flat and exhibits large areas of wetlands.
There are no known erosion problems and none are anticipated after development. There are
no drainage problems known at this time; however, there is a culvert under an access road to
several homes approximately 400 feet from the western property line. The developer will be
required to analyze the culvert to make sure access is still adequate on the 100 year storm.
It should also be pointed out that the jurisdictional wetlands shown on the attachment
submitted with the application may be contiguous and connected to the adjacent perennial
stream downstream.
Prior to site plan submittal a resource protection area determination (RPAD) will need to be
submitted to Water Quality for review and approval. If the jurisdictional wetlands are
connected and contiguous, a 100 foot conservation area will be required around the wetlands
inside of which uses are very limited.
12SN0221 JUL25-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1, 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 a minimal impact on the traffic anticipated to be generated by
development of the property. During site plan review, staff will recommend right-of--way
dedication along Carver Heights Drive in accordance with the Thoroughfare Plan. Staff
will further recommend that access to Carver Heights is limited to one (1) entrance
located at the western property line and shared with the adjacent property. Depending on
the traffic generation of the proposed development, staff will recommend improvements
such as shoulder widening and/or turn lanes along Carver Heights Drive.
Vir ing is Department of Transportation VDOT~:
The subject parcel is subject to the Access Management Regulations for Minor Arterials,
Collector Roads and Local Streets found in 24 VAC 30-73. Commercial access to the site to
and from Carver Heights Drive will be so governed. Taper and turn lane warrants for all
proposed entrances shall be supplied at the time of site construction plan submittal.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Central Area Plan, which
suggests the property is appropriate for residential use of 1.0 - 2.5 dwelling units/acre.
Area Development Trends:
Properties to the north, south, east and west are zoned Agricultural (A) and Residential (R-
12) and are occupied by single-family residential uses on larger acreage parcels, developed
lots or are vacant. Chesterfield Community High School is located to the north of the subject
property. It is anticipated that residential uses will continue in the area as suggested by the
Plan.
Zoning HistorX:
Approximately 3.75 acres of the northern portion of the subject property was zoned for
commercial uses in 1953. The remainder of the subject property has remained
agriculturally zoned, as verified by historical zoning maps.
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Development Standards:
The applicant proposes a church and parking area that will be located on the northern
portion of the subject property. Preliminary layouts of the church and parking area have
identified site constraints on the property related to environmental features and buffer
requirements. Wetlands traverse portions of the property and pose significant barriers to
orienting the proposed church facility and parking area further south on the parcel
(Attachment 1). The Community Business (C-3) zoning of approximately 3.75 acres of land
on the northern portion of the property also poses a challenge to the development of the
church and parking area. The Zoning Ordinance requires aseventy-five (75) foot buffer on
commercial zoned property (C-3) adjacent to residential zoned property. This buffer would
normally be located adjacent to a currently undeveloped lot in the Chester Grove
subdivision. The required buffer, in tandem with an existing sixteen (16) foot access
easement for an adjacent property, creates a significant area that cannot be developed for the
church and parking area (Attachment 2). Consequently, the applicant is requesting that the
seventy-five (75) foot buffer is reduced to thirty (30) feet. The thirty (30) foot buffer would
be in tandem with the thirty (30) foot side yard setback required by the emergent growth
standards.
The applicant has proffered a condition that aims to mitigate the potential negative impacts
that a reduced buffer adjacent to residential zoning may potentially produce. The applicant
has agreed to prohibit any clearing or grading within the proposed thirty (30) foot buffer. In
addition, vegetation within the buffer will be supplemented with evergreen trees and shrubs,
if necessary. If a parking area will front the buffer boundary, additional evergreen shrubs or
a six (6) foot tall solid wood or vinyl fence shall be installed within the buffer. A landscape
plan depicting these requirements is required to be submitted in conjunction with site plan
review. (Proffered Condition)
CONCLUSION
Staff finds that the proposed reduction of the required seventy-five (75) foot buffer will not
adversely impact adjoining property owners. Environmental features present on the property pose
significant site constraints on the placement of the proposed church and associated parking area.
The applicant has proffered a condition that provides for an undisturbed buffer adjacent to the
Chester Grove subdivision. The proposed buffer will still provide horizontal separation between
the church use and single-family residences. The condition proffered by the applicant will also
ensure that adequate screening is maintained throughout the buffer with the use of supplemental
plantings or a fence, if necessary. Given these considerations, approval of this request is
recommended.
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CASE HISTORY
Applicant (6/18/12):
A revised proffered condition and exhibit were submitted.
Planning Commission Meeting (6/19/12):
Pastor Dennis Lacheney accepted the recommendation. There was no opposition present.
On motion of Mr. Patton, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors, on Wednesday, July 25, 2012 beginning at 6:30 p.m., will take under
consideration this request.
6 12SN0221 JUL25-BOS-RPT
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