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14SN0569 CASE MANAGER: Ryan Ramsey May 22, 2014CPC June 25, 2014 BS STAFF’S BSTime Remaining: REQUEST ANALYSIS 365days AND RECOMMENDATION 14SN0569 J&B Realty, LLC DaleMagisterial District West line of Iron Bridge Road 6440 Iron Bridge Road REQUEST:Rezoning from Residential (R-7) and Neighborhood Business (C-2) to Neighborhood Business (C-2). PROPOSED LAND USE: Commercial uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. AYES: MESSRS. WALLIN, PATTON, BROWN AND WALLER. ABSENT: MR. GULLEY. STAFF RECOMMENDATION Recommend approvalfor the following reasons: A.The proposed zoning and land uses conform to the Comprehensive Plan, which suggests the property is appropriate for Neighborhood Business use. B.The proposed zoning and land uses are representative of and compatible with existing and anticipated area development. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNERMAY PROFFER OTHER CONDITIONS.CONDITIONSNOTED “STAFF/CPC” WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ ­»®ª·½» PROFFERED CONDITIONS The property owner and applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors and assigns, proffer that the property under consideration (the "Property") will be developed according to the following proffers if, and only if, the request submitted herewith is granted with only those conditions agreed to by the owner and applicant.In the event this request is denied or approved with conditions not agreed to by the owner and applicant, the proffers shall immediately be null and void and of no further force or effect. (STAFF/CPC)1.Architectural & Site Design Compatibility. The Applicant shall develop the property as a part of a project as defined by the zoning ordinance with Tax IDs 775-681-0643, 0717 and 2234 (CVS properties), and will apply architectural compatibility within a project and consistent landscaping, parking lot lighting, and signage throughout the project area. (P) (STAFF/CPC)2.Fencing.A wood privacy fence a minimum of six (6) feet in height shall be installed along the northern property line upon commencement of development. The design and exact location of the fence shall be determined atthe time of site plan review. (P) (STAFF/CPC)3.Prohibited Uses.The following uses shall not be permitted on the Property: A.Churches and/or Sunday Schools B.Rest or convalescent homes C.Coin operated laundry facilities D.Alternative financial institutions. (P) (STAFF/CPC)4.Dedication.Prior to any site plan approval, or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, one hundred (100) feet of right-of-way on the west side of Iron Bridge Road (Route 10), measured from the centerline of that part of Route 10immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Access.There shall be no direct vehicular access from the property (STAFF/CPC)5. to Route 10. (T) (STAFF/CPC)6.RoadImprovements.To provide an adequate roadway system, the Developer shall be responsible for the following improvements. The exact design and length of these improvements shall be approved by the Transportation Department. î ïìÍÒðëêçóîðïìÖËÒîëóÞÑÍóÎÐÌ A.Construction of an additional lane of pavement along the southbound lanes of Route 10 for the entire length of the property frontage; B.Construction of a sidewalk along the entire property frontage to Route 10; C.Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the improvements identified above. (T) (STAFF/CPC)7.Phasing Plan.Prior to the issuance of an occupancy permit for any development on Tax ID 774-681-6212 (6440 Iron Bridge Road), the road improvements identified in Proffered Condition 7 shall be completed as determined by the Transportation Department. (T) (STAFF/CPC)8.Drainage.Storm drainage from all impervious areas and to the maximum extent practical, graded pervious areas, shall be directed away fromresidential properties to the north that front on Omo Road. Storm drainage on the subject property shall be directed towards the existing drainage easements located on Tax ID 775- 681-0717 (6400 Iron Bridge Road). (EE) GENERAL INFORMATION Location: The request property is located on the west line of Iron Bridge Road, southwest of Omo Road. Tax IDs 774-681-6212 and 8720. Existing Zoning: R-7 & C-2 Size: 5acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North –R-7; Single-family residential South –C-3; Commercial East –C-2; Commercial West –A; Commercial í ïìÍÒðëêçóîðïìÖËÒîëóÞÑÍóÎÐÌ UTILITIES Public Water System: This site has an existing sixteen (16) inch water line along Iron Bridge Road. Connection to the public water system will be required per County code. A backflow prevention device will also be required. Public Wastewater System: There is an existing manhole to the northeast, located on the CVS Pharmacy property. Sewer connection may be an issue due to lack of depth. There isan existing manhole located 375 feetsouthwest of the site along Iron Bridge Road. A bore under Iron Bridge Road to the site may be required. Connection will be required per County code. A monitoring manhole will be required. ENVIRONMENTAL Drainage and Erosion: The property is extremely flat, typical of where wetlands are likely found.The property along with the surrounding residential development has a single contour line at elevation 200.There is presently no drainage outfall for this property.On the adjacent property tothe east (CVS Pharmacy), drainage easements stub into both properties involved in this case. However, there are no drainage facilities constructed within these easements.The achievement of a storm drainage outfall for this property would involve the construction of storm sewer onto the adjacent CVS Pharmacy development. In order for the development of this property not to be detrimental to the residential properties to the north, the applicant has proffered to directall storm drainage away from the residential properties to the north, fronting on Omo Road and towards the existing drainage easements located on 6400 Ironbridge Road.(Proffered Condition 8) Stormwater quality and quantity compliance will be subject to the new Virginia Stormwater ManagementRegulations. 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. ì ïìÍÒðëêçóîðïìÖËÒîëóÞÑÍóÎÐÌ 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 of the property could generate approximately 3,800 average daily trips (ADT).This traffic will be distributed to Route 10, which had 2012 traffic count of 29,778.Based on the volume of traffic it carried during peak hours, Route 10 in this area is functioning at an acceptable Level of Service B. The Thoroughfare Planidentifies Route 10 as a major arterial with a recommended right- of-way width of 120 to 200 feet.The applicant has proffered to dedicate 100feet of right- of-way measured from the centerline of Route 10, in accordance with that Plan. (Proffered Condition 4) Access to major arterials, such as Route 10, should be controlled.As part of the CVS development, an access was constructed to Route 10 with an access easement recorded to the subject property.It is anticipated this property will use the existing CVS access; therefore, the applicant has proffered no direct vehicular access to Route 10.(Proffered Condition 5) The traffic impact of this development must be addressed.The applicant has proffered to construct an additional lane of pavement and sidewalk along Route 10 for the entire propertyfrontage (Proffered Condition 6).The road improvements will be phased.No road improvements will be required with 6420 Iron Bridge Road, the smaller parcel.Prior to issuance of an occupancy permit for any development on 6440 Iron Bridge Road (Tax ID 774-681-6212), all road improvements shall be completed.(Proffered Condition 7) Virginia Department of Transportation(VDOT): VDOThas no objection to the rezoning request or thetransportation/access conditions proffered by the applicant.Understood is that site access to Route10 will be through an internal easement to the existing CVS access.No additional improvements along Route10 are recommended. LAND USE Comprehensive Plan: The Comprehensive Plandesignates the request property for Neighborhood Business where commercial development (such as grocery stores, clothing stores, medical clinics, hardware stores, or restaurant uses) is appropriate. ë ïìÍÒðëêçóîðïìÖËÒîëóÞÑÍóÎÐÌ Area Development Trends: Properties to the north are zoned Residential (R-7) and are occupied by single-family residences. Properties to the east, west and south arezoned a mix of Agricultural (A), NeighborhoodBusiness (C-2) and Community Business (C-3)and are occupied by commercial uses. It is anticipated that suburban residential uses to the north, neighborhood business uses to the east and west,and community mixed use to the south of Iron Bridge Road will continue in the area as suggested by the Plan. Zoning History: On December 16, 2009 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved a rezoning of a portion of the request property (Tax ID774-681-8720) from Residential (R-7) to a Neighborhood Business (C-2) District (Case 10SN0127). Conditions of approval restricted uses to those permitted by-right in the Corporate Office (O-2) District as well as a drug store/pharmacy. (Attachment 1) Development Standards: The request property lies within an Emerging Growth Area. The purpose of Emerging Growth Area standards is to promote high quality, well-designed projects. These requirements specifically address access, landscaping, architectural treatment, setbacks, parking, signs, buffers, utilities and screening of developments within these areas. If this request is approved, these standards, as well as any development-related proffered conditions,would apply to any new construction on the request property. In addition to Emerging Growth Area standards, the applicant has proffered to includeall future development on the request properties as a project with the existing CVS developmentto the east(Proffered Condition 1). Architecture, landscaping, parking lot lighting, and signage will all be evaluated during the site plan process to ensure compatibility with the existing CVS development. The applicant has proffered the construction of a six (6) foot tall fence along the northern property line, which would serve as an extension of asimilar fence that was proffered and constructed with the CVS development (Proffered Condition 2). The fence, as well as a required fifty (50) foot buffer, would screen planned commercial development from existing residential uses to the north. Uses: Permitted uses would be limited to uses permitted by-right or with restriction in the Neighborhood Business (C-2) District. To address concerns expressed by area residents and the District Planning Commissioner relative to a need to minimize the impact of more intense commercial uses on the surrounding area, uses such as churches and/or Sunday schools, rest orconvalescent homes, and coin operated laundry facilitieswould not be permitted. (Proffered Conditions 3.A., 3.B. and 3.C.) ê ïìÍÒðëêçóîðïìÖËÒîëóÞÑÍóÎÐÌ It is important to note that alternative financial institutions (listed as aprohibited usein Proffered Condition 3.D.) are not uses permitted by the Zoning Ordinance within the Community Business (C-2) District and, therefore, would not be permitted uses even if they are not specifically listed in the proffer. Alternative financial institutions are defined by the Zoning Ordinance as any check cashing establishment, motor vehicle title lender, pawnbroker, payday lender, or precious metals dealers. The proffered condition excludes these uses to ensure that the uses would not be permitted even if the ordinance was modified to permit the uses in a NeighborhoodBusiness (C-2) District. CONCLUSION The proposed zoning and land uses conform to the Planand are representative of, and compatible with, existing and anticipated area development. Given these considerations, approvalof this request is recommended. CASE HISTORY Planning Commission Meeting (5/22/14): The applicant’s representative accepted the recommendation.There was no opposition present. On motion of Dr. Brown, seconded by Mr. Patton, the Commission recommended approvaland acceptance of the proffered conditions on pages2 and 3. AYES: Messrs. Wallin, Patton, Brownand Waller. ABSENT: Mr. Gulley. The Board of Supervisors, on Wednesday, June 25, 2014beginning at 6:30 p.m., will take under consideration this request. é ïìÍÒðëêçóîðïìÖËÒîëóÞÑÍóÎÐÌ ûÈÈÛÙÔÏ×ÎÈ úÍÛÊØïÓÎÇÈ×ÉÖÊÍÏùÛÉ× éî  ûÈÈÛÙÔÏ×ÎÈ úÍÛÊØïÓÎÇÈ×ÉÖÊÍÏùÛÉ× éî  ûÈÈÛÙÔÏ×ÎÈ úÍÛÊØïÓÎÇÈ×ÉÖÊÍÏùÛÉ× éî  ûÈÈÛÙÔÏ×ÎÈ úÍÛÊØïÓÎÇÈ×ÉÖÊÍÏùÛÉ× éî