14SN0565CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0565
Emerson-Roper Companies LLC
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October 22, 2014 BS
Bermuda Magisterial District
Off the north line of East Hundred Road
350, 356 and 360 East Hundred 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
PAGES2AND3.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land uses do not conform to The Comprehensive Plan,
which suggests the property is appropriate for Neighborhood Business use.
B. The proposed zoning and land uses are not representative of or compatible with
existing and anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IlVIl'OSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. CONDITIONS NOTED
"CPC" ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
The 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
or assigns, proffer that the property known as Chesterfield County Tax Identification Number
816-652-0562, 816-652-1560, and 816-652-2559 ("the Property") under consideration will be
developed according to the following amended proffers if, and only if, the request subnutted
herewith is granted with only those conditions agreed to by the Applicant. In the event this
request is denied or approved with conditions not agreed to by the owner and Applicant, the
proffer shall immediately be null and void and of no fiirther force or effect.
(CPC) 1. Uses. Uses permitted on the property shall be limited to the following:
a. Any pernutted use in the C-2 District.
b. Carpenter and cabinetmakers' offices and display rooms.
c. Cocktail lounges and nightclubs.
d. Contractors' offices and display rooms.
e. Electrical, plumbing or heating supply sales, service and related
display rooms.
f. Feed, seed and ice sales.
g. Greenhouses or nurseries.
h. Home centers.
i. Indoor flea markets.
j. Liquor stores.
k. Recreational establishments, commercial-indoor.
1. Repair services, excluding motor vehicle repair.
m. Restaurants, to include carry-out and fast food.
n. Schoolscommercial, trade, vocational, and training.
o. Secondhand and consignment stores, excluding motor vehicle
consignment lots.
p. Veterinary hospitals and/or commerciallcennels.
q. Outside storage, as accessory to a pernutted use, including, but not
limited to: retail building materials; constriction
equipment/materials; outside nlns for commercial kennels or
veterinary hospitals; feed/seed items; garden centers, greenhouses,
hot houses; miscellaneous materials for retail/wholesale sales;
provided that:
i. Such uses are screened from view of any adjacent
properties on which such uses are not pernutted or do not
exist, and from areas currently zoned A and designated on
the comprehensive plan for R, A, O, or I-1 uses and
external public road rights-of--way.
ii. No more than ten percent of the gross floor area of the
principal use may be used for outdoor storage.
2 14SNO~Ei~-2014(. )CT22-BC)S-RPT
r. Continuous Outside display of merchandise for sale, as accessory
to a pernutted use. provided that:
i. Merchandise shall be located under a covered pedestrian
way that does not exceed 16 feet in width;
ii. No more than five percent of the gross floor area of the
principal use shall be used for outside display purposes;
and.
iii. Merchandise is displayed so that it does not obstrict
pedestrian access.
s. Prepared food and friit and vegetable vendors, provided that:
i. Only prepared food friits and vegetables shall be sold;
ii. They shall be pernutted only on a lot or parcel occupied by
a permanent use;
iii. They shall be located where improved permanent parking
facilities are available for their use, provided that the
required minimum and most convenient parking spaces for
the existing permanent use shall be used;
iv. Any temporary stricture, vehicle, sign or other material
associated with or resulting from the use shall be removed
from the lot or parcel no later than 24 hours following the
end of the temporary sale cessation of the use; and
v. All vendor areas shall be located a nunimum of 1,000 feet
from any property in an R, R-TH or R-MF District or any
property currently zoned Agricultural and designated for
residential use on the comprehensive plan unless the sales
area is separate from the property by a permanent building,
provided that all such areas shall be located in accordance
with the district's minimum yard setbacks. (P)
(CPC) 2. Post Development Runoff. The post development rmoff rate for the 2, 10,
and 100 year storms shall not exceed the corresponding pre-development
rmoff rate. (EE)
(CPC) 3. Service of Solid Waste Storage Area. The solid waste storage area
pernutted on the property shall not be serviced between the hours of 8:00
p.m. and 7:00 a.m. Such area shall be pronunently posted with a sign not
to exceed six (6) square feet designating the hours in which the solid waste
storage area may be serviced. (P)
(CPC) 4. Buffer. A fifty (50) foot buffer shall be provided along the property line
adjacent to Tax IDs 816-653-1510, 2507 and 3605. Such buffer shall
comply with ordinance requirements and shall be maintained until such
time that these three adjacent parcels are no longer zoned A, R, R-TH, or
R-MF Districts. (P)
3 14SNO~Ei~-2014(. )CT22-BC)S-RPT
GENERAL INFORMATION
Location:
The request properties are located off the north line of East Hundred Road, east of Rivers
Bend Boulevard. Tax IDs 816-652-Parts of 0562, 1560 and 2559.
Existing Zoriin
A
Size:
1.5 acres
Existing Land Use:
Single-family residential or vacant
Adjacent Zoning and Land Use:
North - A; Single-family residential or vacant
South - C-3; Single-fanuly residential or vacant
East - A; Single-family residential
West - R-15 with CUPD; Commercial
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line along the north side of East Hundred Road.
The use of the public water system will be required by County Code. The existing stricture
on 350 East Hundred Road is connected to the public water system. If that existing water
service will not be used for the proposed development, the existing water meter must be
removed and the service line abandoned.
Public Wastewater System:
There is an existing eight (8) inch wastewater line crossing East Hundred Road, and
ternunating at a manhole on the north side of East Hundred Road, approximately 150 feet
east of 360 East Hundred Road. The use of the public wastewater system will be required
by County Code. A line extension will be necessary.
4 14SNO~Ei~-2014(. )CT22-BC)S-RPT
ENVIRONMENTAL
Drainage and Erosion:
This property is flat to moderately draining in an eastwardly direction down to an offsite
fifteen (15) inch concrete culvert located approximately at the common side property line
between 370 and 380 East Hundred Road. This culvert discharges to the southern side of
East Hundred Road and discharges eventually into Johnson Creels. The long standing storm
drainage policy for the Johnson Creek Watershed, which would apply to the development of
this property, is the maintenance of the two (2), ten (10) and 100 year pre-development
rmoff rates utilizing onsite detention facilities. The applicant has proffered the maintenance
of these rmoff rates (Proffered Condition 2).
In order for offsite drainage easements to be avoided through 370 East Hundred Road, the
site development grading would need to bring all surface drainage directly into East
Hundred Road where it would flow along the existing curb and gutter into the inlet in East
Hundred Road located just above the culvert mentioned earlier.
Stormwater management regulations were revised on July 1, 2014. The applicant's request
to develop this property for commercial uses would be required to adhere to these revised
regulations. Therefore, it is highly recommended that the methods of Stormwater
management compliance be reviewed now at a conceptual stage of development to ensure
compliance with these new regulations.
PUBLIC FACILITIES
Fire Service:
The Rivers Bend Fire Station, Company Number 18, currently provides fire protection and
emergency medical service (EMS). This request will have a nunimal impact on Fire and
EMS.
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 for 1.5 acres,
development of the property to be rezoned could generate approximately 1,700 average
daily trips (ADT). This traffic will initially be distributed to Route 10, which is a six (6)
lane divided facility. Based on a 2012 traffic count of 40,463 ADT, Route 10 in this area
was fiinctioning at a Level of Service C.
At time of site plan, the Transportation Department will recommend that the developer
provide right-of--way dedication and customary road improvements, such as constriction
of additional pavement along Route 10 to provide a fourth lane plus constriction of a
separate right turn lane to serve the Route 10 access and potential sidewalls. These road
improvements should be provided with initial development of the property. The
14SNO~Ei~-2014(. )CT22-BC)S-RPT
Transportation Department will recommend that the site be limited to one right-in/right-
out access to Route 10. Because the development's frontage to Route 10 is not included
as part of this rezoning request, the road improvements were not recommended at this
time.
The county has a federally fiinded project that involves improvements to the intersection
of Route 10 and Meadowville Road and widening Route 10 between Bermuda Triangle
Road and Meadowville Road to eight (8) lanes. Design is underway. The public hearing
was held on March 19, 2014. Right-of--way acquisition is anticipated to begin in late
2014. Depending on right-of--way acquisition and utility relocations, constriction is
anticipated in 2017.
Vir ink is Department of Transportation (VDOT~:
Commercial access along East Hundred Road (Route 10) to the parcels is subject to
compliance with Access Management Regulations (24VAC30-73) spacing standards.
Required is 495 feet for a partial right-in/right-out access measured from the centerline of
the nearest commercial access/intersection. It appears that the existing access to the Rivers
Bend Shopping Center (located west of the subject parcels) precludes the ability to meet the
spacing requirement, thereby requiring evaluation of an exception to those standards by
VDOT. It is recommended is that the applicant work with the Department on evaluating
access location options and finalizing prior to zoning case consideration.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests that the request properties are appropriate for
Neighborhood Business uses, providing commercial uses that serve neighborhood-wide
trade areas. Typical uses include grocery stores, clothing stores, medical clinics,
hardware stores, restaurants or other uses that primarily serve weeldy or bi-weeldy
household needs. These uses align with those uses permitted in the Neighborhood
Business (C-2) zoning district.
This Neighborhood Business designation extends along the East Hundred Road corridor
from Rivers Bend Road to Bermuda Orchard Lane, providing neighborhood services to
the contiguous residential communities to the north and south while maintaining
appropriate land use transitions. More intense uses, such as Community Business (C-3)
and Industrial uses, are suggested by the Plan to be appropriately located at major
intersections, such as properties surrounding the Route 10 and Interstate 295 interchange,
thereby attracting customers within a larger service radius.
While several properties along this section of the corridor are zoned to pernut uses more
intense than suggested by the Plan, the Plan offers consideration of zoning amendments
when such amendments would bring the zoning and development closer into compliance
with the Plan.
Ei 14SNO~Ei~-2014(. )CT22-BC)S-RPT
Area Development Trends:
Properties to the north are zoned Agricultural (A) and are occupied by single-fanuly
residential uses or remain vacant. Properties to the west are developed as the River's Bend
Shopping Center. To the south, properties are zoned Community Business (C-3) and
General Business (GS) and are generally occupied by neighborhood business uses. It is
anticipated that neighborhood business uses will continue in this area of the East Hundred
Road Corridor, as suggested by the Plan.
Uses:
The applicant requests Community Business (C-3) zoning in anticipation of aggregating the
request properties for development with adjacent C-3 properties to the south, gaining
frontage on East Hundred Road. In an effort to bring the requested C-3 zoning closer into
compliance with land uses suggested by the Plan, Proffered Condition 1 linuts uses to
Neighborhood Business (C-2) plus several C-3 uses. Specifically, all C-3 uses pernutted by
right or with restrictions would be allowed on the property, except those as follows:
• Fraternal uses
• Hospital
• Hotel
• Motor vehicle wash, repair, rental and sales
• Park and ride
• Taxidermy
• Theaters
• Automobile service station
• Material reclamation
• Warehouse for pernutted use
As previously noted, the Plan recognizes that many properties, including several along this
section of the corridor, are zoned contrary to the recommendations for land uses. As such,
Plan guidelines offer consideration of zoning amendments if property development is
brought closer into compliance with the recommendations of the Plan. Staff suggested the
applicant consider including the adjacent C-3 property to the south in this request in an
effort to bring the overall development closer into compliance with the Plan's
recommendation for C-2 uses. The applicant was not receptive to include any of these
zoned properties.
Development Standards:
The request properties lie 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.
7 14SNO~Ei~-2014(. )CT22-BC)S-RPT
The request properties also lie within the Route 10 Corridor East Area. The purpose of
Route 10 Corridor East Area standards is to provide architectural standards that reinforce
and complement area development. These requirements specifically address architectural
treatment, setbacks along Route 10, and internal circulation.
Proffered Condition 3 would restrict the service hours for any solid waste storage area
(dumpster) to not occur between 8:00 p.m. and 7:00 a.m. The Ordinance currently regulates
these prohibited service hours to be between 9:00 p.m. and 6:00 a.m.
Buffers:
The request property borders agriculturally zoned property to the north and east. These
properties are occupied by single-fanuly residences or remain vacant. While the Ordinance
would require aseventy-five (75) foot buffer on C-3 property adjacent to vacant
agriculturally zoned property that is designated for residential land uses by the Plan, these
adjoining properties are designated for Neighborhood Business uses. Therefore a buffer is
not required by the Ordinance.
In response to adjoining property owner concerns, the applicant has proffered a fifty (50)
foot buffer along the northern property of the request properties (Proffered Condition 4).
This buffer requirement would no longer apply if these adjacent properties are rezoned for
nonresidential uses.
CONCLUSION
The proposed zoning and land uses would be more intense than uses currently pernutted and does
not conform to the Plan. Additionally, the request does not provide an opportunity to bring
adjacent zoning closer into compliance with the recommendations of the Plan. Therefore, the
proposed zoning and land uses are not representative of, or compatible with, existing and
anticipated area development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Bermuda District Planning Comnussioner, Applicant, Staff and Area Citizens (6/3/14):
A meeting was held with area citizens to discuss the proposal. Citizens expressed
concerns relative to buffers, hours of operation for dumpsters and stormwater n~noff.
8 14SNO~Ei~-2014(. )CT22-BC)S-RPT
Planning Commission Meeting (6/17/14):
On their own motion and with the applicant's consent, the Commssion deferred this case
to their September 16, 2014 public hearing.
Staff (6/18/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 7, 2014 for consideration at the Commission's
September 16, 2014 public hearing.
Staff (7/30/14):
The applicant submitted revised proffers relative to service hours for solid waste storage
areas and a buffer along the rear property line.
Staff (8/6/14):
The applicant submitted revised proffers relative to uses and a buffer along the rear
property line.
Staff (8/21/14):
The applicant submitted revised proffers relative to uses and a buffer along the rear
property line.
Staff (9/3/14):
The applicant subntted a revised proffer relative to a buffer along the rear property line.
Planning Commission Meeting (9/16/14):
The applicant's representative accepted the Planning Commssion's recommendation.
There was no opposition present.
Mr. Patton indicated that a community meeting was held and, with the linutation on uses
and buffering, the community was generally supportive of the request. He recognized
other commercially-zoned (C-3 and GS) properties along this section of the East
Hundred Road corridor.
9 14SNO~Ei~-2014(. )CT22-BC)S-RPT
On motion of Mr. Patton, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
The Board of Supervisors, on Wednesday, October 22, 2014 beginning at 6:30 p.m., will take
under consideration this request.
10 14SNO~Ei~-2014(. )CT22-BC)S-RPT
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