15SN0665
CASE NUMBER 15SN0665
APPLICANT: Henry E. Myers, Jr.
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: DALE
9800 Lori Road
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
OCTOBER 28, 2015
BOS Time Remaining:
302 DAYS
Applicant’s Agent:
BENJAMIN MYERS
(804-777-9644)
Applicant’s Contact:
HENRY E. MYERS, JR
(804-777-9644)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
Rezoning from Agricultural (A) to Community Business (C-3).
Commercial uses are planned.
Note:
A.The only condition that may be imposed is a buffer condition. The property owner may proffer conditions.
B.Proffered conditions are located in Attachment 1.
RECOMMENDATION
RECOMMEND DENIAL
PLANNING
COMMISSION
Does not address possible impacts of use on area development
(7/21/2015)
RECOMMEND DENIAL
Does not comply with Plan
STAFF
Does not fully address possible impacts of use on area
development
Incompatible with area office and residential development
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
The Plan suggests Corporate Office uses for the request
property
While prohibition of auto-oriented uses and enhanced
development standards have been offered by the applicant, the
PLANNING
proposed development may still havepossible adverse impacts
on area properties
Proposed uses are not compatible with existing or anticipated
area development
FIRE -
Commitments to provide mitigating road improvements for the
CDOT
anticipated traffic impact have not been offered
VDOT -
UTILITIES -
The ability to achieve adequate drainage on the property
ENVIRONMENTAL remains unclear
ENGINEERING
No conditions offered by applicant to assure that adequate
drainage can be achieved
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Map 2: Comprehensive Plan
Classification: CORPORATE OFFICE
The designation suggests the property is appropriate for professional and administrative offices or
similar uses. Typical uses could include corporate headquarters, lawyer, accountant and real estate
offices; medical laboratories; and colleges. Under certain circumstances, within larger tracts
developed for office uses, integrated supporting retail and service uses.
Map 3: Surrounding Land Uses & Development
Office
Frith Lane
Residential Townhouse
(Branch’s Trace)
Vacant
Route 10
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Rezoning from A and B-2 to C-3 of 6 acres (including all of
Denied
91SN0199 the request property) to permit Neighborhood Business
(05/27/1992)
(C-2)uses and one (1) automobile service station.
PROPOSAL
A commercial development is planned for the request property as well as the remainder of the
parent parcel that is located to the north which is owned by the applicant and zoned Community
Business (C-3). A conceptual plan of development for the approximately 2.2 acres of combined
property has not been formally included with this zoning request.
The Plan suggests providing flexibility in zoning requests where the request would bring the zoning
and development closer into compliance with the land use recommendations of the Plan. By
including the adjacent C-3 portion of the parent parcel, limitations on permitted commercial uses
and enhancement of development standards could be considered in tandem with this rezoning in
an effort to align more closely with the recommendations of the Plan and to achieve compatibility
with existing and anticipated area development patterns. The applicant elected to pursue rezoning
independent of the remainder of parent parcel.
On August 31, 2015, the applicant proffered a list of prohibited auto-oriented uses to reduce the
intensity of planned uses for the request property.
DEVELOPMENT STANDARDS
The request propertylies within an Emerging Growth Area. However, the applicant has proffered
to develop the request property according to the Courthouse Design District development
standards, which addresses setbacks, building heights and architectural treatment.
The following provides an overview of conditions offered by the applicant to minimizethe impact
of the use on area properties:
General Overview
Requirements Details
Gasoline Sales
Automobile self-service station
Motorvehicle washes
Prohibited Uses
Automobile service station
Motor vehicle repair
Motor vehicle sales and rental
Proffered Condition 1
Courthouse Design District
Development Standard
Proffered Condition 2
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (804-706-2012) smithgd@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Airport Fire Station, Company Number 15
EMS Facility The Airport Fire Station, Company Number 15
This request will have minimal impact on fire and EMS.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and recommendations are
detailed in the chart below:
RecommendationApplicant’s Proposal
Right of Way Dedication
Not Offered
100 feet along Route 10.
Vehicular Access Control
Not Offered
No direct access to Route 10.
Road Improvements
Construction of an additional lane of pavement along
Not Offered
Route 10.
Construction of a sidewalk along Route 10 and along
Frith Lane.
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
-
Traffic Impact Analysis (24VAC30-155)
Access to the rezoned parcel is subject to
compliance with Department Access
Management spacing standards between
access points/intersections and providing
turn lanes as warranted. Sufficient parcel
Access Management (24VAC30-73)
frontage exists off of Frith Ln. to meet
current spacing standards. However,
inadequate frontage is available along Rt.
10. VDOT will evaluate the access location
and turn lane warrants at time of site plan.
-
Subdivision Street Acceptance (24VAC30-91/92)
-
Land Use Permit (24VAC30-151)
-
Summary
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water No 8”Yes
Wastewater No 8” Yes
Additional Information:
The proposed request will not impact the public water and wastewater systems.
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ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028) pritchardd@chesterfield.gov
Stormwater
Issue Discussion/Conditions
Property is exceedingly flat, low and consequently, poorly drained.
Geography
The ability to achieve the Virginia Stormwater Management
Regulations with a drainable adequate outfall is unclear, given the
limited site outflow capacity and elevation as noted below. Staff has
requested a proffered condition requiring a conceptual drainage
study demonstrating the feasibility of using existing limited drainage
conveyance systems to achieve a project that meets all required
development regulations.
Portions of the adjacent Central Library drain across the request
o
property to reach a pipe stub into a storm sewer under Route 10.
The capacity of this pipe stub is unknown and could be quite
limited. An easement across the request property to maintain this
conveyance from the library will be required.
Ground elevation of the property appears to be below the invert
o
Drainage
elevation of two drainage pipes under Frith Lane which are sloped
to the east. Also, stormwater from Iron Bridge Road and
surrounding areas drains into the property and collects.
A hydraulic head on either the pipe stub at the western corner or
o
the double culverts under Frith Lane requires an abundant
quantity of fill material to raise the property.
A drainable outfall for the project may be via an existing offsite
o
culvert under Lori Road which traverses Branch’s Trace
Subdivision and discharges into a stream on county property in
the vicinity of the Mental Health Offices.
A likely location for a stormwater management facility to
o
accommodate this development would be on the downstream
side of the culverts under Frith Lane, with ultimate outfall under
Lori Road as well as the narrow northern portion of the property.
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The anticipated environmental impacts of the proposal have been evaluated and
recommendations are detailed in the chart below:
RecommendationApplicant’s Proposal
Conceptual Drainage Study
Proposalwill not adversely impact the drainage for the
Central Library parking lot and Lori Road
Proposal will meetall required development
regulationapplicable since July 1, 2014
Restrict the construction limits of the proposalto
9800 Lori Road only (exclude additional land area,
Not Offered
such as using a portion of the Central Library and
vacated Lori Road for development)
Should the conceptual drainage study reveal the
need to use an existing 54” pipe under Lori Road,
provide a complete analysis of the stormwater
conveyance system through the Branch’s Trace
subdivision to the discharge point on Chesterfield
County property (GPIN# 771-663-0736).
Drainage Easement
Record a drainage easement across the northern
Not Offered
portion of 9800 Lori Road to maintain the stormwater
conveyance system for the Central Library parking lot
and Lori Road
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CASE HISTORY
Applicant Submittals
5/12/15 Application submitted
8/31/15 Proffers were submitted
Community Meeting
6/29/15Issues Discussed
The Dale District Commissioner, applicant and staff attended this meeting at
the Central Library
Citizens spoke in opposition to the request relative to: increased traffic,
proposed uses, hours of operation for business uses, loss of vegetation that
provides privacy to the Branch’s Trace neighborhood, and the feasibility of
development on the request property.
Planning Commission Meeting
7/21/15
Citizen Comments
Two citizens spoke in opposition of this case, noting that uses may have
adverse impacts on area properties, environmental concerns relative to
drainage, existing vacancies for retail property along the Route 10 and a
petition of opposition.
Commission Discussion
The Commission noted their opposition for this case given that the applicant
has not offered to offset any of the developments impactsto include
environmental and transportation concerns
Recommendation – DENIAL
Motion: Brown Second: Waller
AYES: Gulley, Waller, Brownand Wallin
ABSENT: Patton
Board of Supervisors Meeting
8/26/15
Board Discussion
The Board noted their desire to defer this case to the next regularly
scheduled Board of Supervisors meeting to permit additional time for staff
and the applicant to coordinate on possible proffered conditions for the
request.
Action - DEFERRED TO OCTOBER 28, 2015
The Board of Supervisors on Wednesday, October 28, 2015, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note: The proffered conditions outlined below were submitted after thePlanning Commission
public hearing. Therefore, the Planning Commission has not considered or recommended these
proffered conditions to the Board of Supervisors.
1.Prohibited Uses. The following uses shall not be permitted on the Property:
a. Gasoline Sales
b. Automobile self-service station
c.Motor vehicle washes
d. Automobile service station
e. Motor vehicle repair
f. Motor vehicle sales and rental. (P)
2.Development Standards. The property shall be developed in accordance with
Courthouse Design District standards, per the Zoning Ordinance. (P)
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