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16SN0537 CASE NUMBER: 16SN0537 APPLICANT: MGP Retail Consulting, LLC CHESTERFIELD COUNTY, VIRGINIA ANALYSIS Magisterial District: DALE 5400 Cogbill Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: NOVEMBER 18, 2015 BOS Time Remaining: 365 DAYS : ANN NEIL COSBY (804-775-7737) SAM STEIN (703-408-6343) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) REQUEST Rezoning from Residential (R-7), Community Business (C-3) and General Business (C-5) to Neighborhood Business (C-2) plus conditional use planned development to permit exceptions to ordinance requirements. A commercial shopping center, to include a grocery store, is planned. Exceptions to permit an encroachment into a buffer as well as the visibility of a loading area are also requested. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions, Textual Statement, concept plan and conceptual elevations are located in Attachments 1 -4. RECOMMENDATION PLANNING RECOMMEND APPROVAL COMMISSION (10/20/2015) RECOMMEND APPROVAL STAFF Complies with Comprehensive Plan Addresses impacts of use on area development Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue PLANNING - FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 216SN0537-2015NOV18-BOS-RPT 316SN0537-2015NOV18-BOS-RPT Map 2: Comprehensive Plan Classification: NEIGHBORHOOD BUSINESS The designation suggests the property is appropriate for commercial uses that serve stores, medical clinics, hardware stores, restaurants or other uses that primarily serve weekly or needs. Map 3: Surrounding Land Uses & Development Southside Baptist Church Single-Family Residential (Meadowbrook Farm) Cogbill Road Commercial Uses Route 10 416SN0537-2015NOV18-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Approved Rezoning a portion of the request property from A to R-2 63-36 (04/1963) Approved Rezoning a portion of the request property (12 acres) from 65-92 (01/1966) A to R-2 Approved Conditional Use on a portion of the request property (11.8 93SN0113 (11/24/1992) acres) to permit a stock farm (keeping of 7 horses) Rezoning from B-3 to C-3 of 0.22 acres (portion of the Approved request property) with Conditional Use Planned 93SN0129 (11/24/1992) Development to permit a building within the ultimate right-of-way PROPOSAL The applicants propose development of a grocery store and Neighborhood Business (C-2) uses, as limited by proffered conditions. The following chart provides an overview of the proffered conditions offered by the applicant to minimize impacts of the planned commercial development: General Overview Requirements Details Textual Statement is Master Plan Master Plan Proffered Condition 1 1 Alternative Financial Institution Automobile Service Station Automobile Self-Service Station Convenience store with gas pumps Prohibited Uses Convenience store with less than 1,500 square feet without gas pumps shall be permitted 1 Restaurant, fast food or drive in Proffered Condition 2 Design Standards (parking, lighting, Emerging Growth District Standards Zoning Ordinance setbacks, screening & signage) Grocery store similar to the elevations on Exhibits B-1, B- Architecture 2 & B-3 Proffered Condition 7 and Attachment 4 Uses shall be closed to public from 11:00 p.m. to 6 a.m. Hours of Operation Proffered Condition 9 1 These uses are currently not permitted in a C-2 District. Should the Ordinance be amended to allow these uses in a C-2 District, these uses would continue to be prohibited, unless the condition is amended. 516SN0537-2015NOV18-BOS-RPT BUFFERS An exception to the fifty (50) foot buffer along the northern property line adjacent to Southside Baptist Church is requested. The applicant proposes to disturb a portion the buffer, encroach up to fifteen (15) feet inside the buffer with a drive aisle, and replace the buffer with required landscaping and a privacy fence. The following chart provides an overview of the exception and proffered conditions offered by the applicant relative to the buffer: General Overview - Buffer Requirements Details required by Ordinance p- aisle, as shown on Exhibit A Buffer - Along Northern Property acent to Line Southside Baptist Church, measured from church parking lot grade Textual Statement Item 1.B. & Proffered Condition 8 equired by Ordinance Buffer Adjacent to Meadowbrook rovided Farms Proffered Condition 8 Permit disturbance and clearing of buffer Buffer shall be replanted according to Ordinance Buffer Disturbance & Encroachment requirements Textual Statement Item 1.B. & Proffered Condition 8 LOADING AREAS The loading area for the proposed grocery store will be visible from Cogbill Road. The Ordinance requires screening of loading areas from adjacent roads. The applicant requests an exception to permit visibility of the loading area with the provision that the view be minimized through site and architectural design, landscaping, and setbacks (Textual Statement, Item 1.A.). Based on the concept plan for future commercial development, the distance from Cogbill Road (approximately and the design and landscaping requirements provided at time of site plan review, the visibility of the loading area would be minimized. 616SN0537-2015NOV18-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Dale Fire Station, Company Number 11 EMS Facility The Dale Fire Station, Company Number 11 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: Recommendation Maximum Density 36,170 square feet of supermarket/grocery and Offered as Requested by VDOT 27,500 square feet of general retail space, or Proffered Condition 3 equivalent traffic generation. Vehicular Access Control Access from the Property to Cogbill Road limited to Offered as Recommended one (1) entrance/exit. Proffered Condition 5 No direct access from the Property to Route 10; except for a possible emergency only access. 716SN0537-2015NOV18-BOS-RPT Recommendation (Continued)roposal Road Improvements An additional lane of pavement along the southbound lanes of Route 10 for the entire property frontage. Right turn lane along the southbound lanes of Route 10 at the Cogbill Road intersection. Left and right turn lanes along Cogbill Road at the approved access. Offered as Recommended Proffered Condition 6 Additional pavement along Cogbill Road to provide a five (5) lane typical section \[i.e., one (1) westbound lane and four (4) eastbound lanes\] at its intersection with Route 10. Modification of the traffic signal at the Route 10/Cogbill Road intersection A sidewalk along Route 10 and along Cogbill Road for the property frontage. 816SN0537-2015NOV18-BOS-RPT VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT Land Use Regulations As proffered, the anticipated maximum density site generated traffic does not meet the Traffic Impact Analysis regulatory Traffic Impact Analysis (24VAC30-155) threshold for the submittal of a formal analysis to the Department. Proffered Condition 3 The approximate location of the proposed access as depicted on Exhibit A (dated 9-25- Access Management (24VAC30-73) 15) meets the Access Management Regulation spacing standards. Subdivision Street Acceptance (24VAC30-91/92) - Land Use Permit (24VAC30-151) - All proffered improvements impacting the state maintained rights of way (turn lanes, signal modifications, intersection Summary modifications) will be evaluated for compliance with Department standards through the site plan review process. 916SN0537-2015NOV18-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water No Yes Wastewater No Yes Map 5: Existing Water & Wastewater Systems Additional Information: There is a ten (10) inch wastewater line located north of site in the Meadowbrook Farms subdivision. There is a recorded wastewater easement in place from an existing manhole to the property line. The proposed request will not impact the public water and wastewater systems. 1016SN0537-2015NOV18-BOS-RPT ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Scott Dunn (804-748-1030) dunns@chesterfield.gov Stormwater Issue Discussion/Conditions Geography The site is extremely flat. The site drains towards Cogbill Road to drop inlets on the eastern side and a double 15 inch RCP culvert under Cogbill Road on the western side. Due to the minimum existing cover over the double 15 inch RCP culvert, the applicant should insure that the development shall not cause these culverts to be topped during a ten year storm event. Drainage The adjacent Meadowbrook Farm Subdivision did not account for any drainage from this site. Therefore, the applicant should insure that there shall be no stormwater discharges into the Meadowbrook Farm Subdivision. These impacts are addressed, as requested, through the proffered condition. Proffered Condition 10 1116SN0537-2015NOV18-BOS-RPT CASE HISTORY Applicant Submittals 7/6/15 Application submitted 9/30/15, Revised proffers and a textual statement were submitted 10/6/15, 10/7/15 & 10/20/15 Community Meeting 9/29/15 Issues Discussed: The District Commissioner, applicant and staff attended the meeting. The following topics were discussed: Market need for an additional grocery store Future development of remaining outparcels on the site Hours of operation Buffer requirements adjacent to neighborhood Fencing desired along the shared northern property with Southside Baptist Church Traffic impacts along Route 10 and Cogbill Road Proposed road improvements offered by applicant 1216SN0537-2015NOV18-BOS-RPT CASE HISTORY (CONTINUED) Planning Commission Meeting 10/20/15 Citizen Discussion Several citizens spoke to this request noting: Support for fencing along northern boundary in deterring cut- through pedestrian traffic across church property Additional traffic on Cogbill Road, to include trucks serving proposed development Need for traffic signal on Iron Bridge Road at entrance to Meadowbrook Farm Commission Discussion studies concluded traffic at Meadowbrook Farm entrance did not meet signal warrants Proposed rezoning reduces intensity of possible uses on existing C-5 property, reducing potential traffic impacts and benefiting adjacent neighborhoods Redevelopment removes old buildings located too close to rights-of- way Recommendation: APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Brown Second: Waller AYES: Gulley, Waller, Brown, Patton and Wallin The Board of Supervisors on Wednesday, November 18, 2015, beginning at 6:30 p.m., will consider this request. 1316SN0537-2015NOV18-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS September 30, 2015 Revised October 5, 2015 Revised October 7, 2015 Revised October 19, 2015 Note: Recommended by both staff and Planning Commission The Owners (t-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 development of the Property known as Chesterfield County Tax Identification Numbers 775-682-2797, 775-682-8199, 775-683-7226, and 775-683- conditions if, and only if, the application request for rezoning to C-2 Neighborhood Business is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. Exhibit A prepared by Bohler Engineering, dated 9-25-15. Exhibits B-1, B-2, and B-3 Front, side, and rear architectural elevations of Lidl grocery store. (STAFF/CPC) 1. Master Plan. The Textual Statement dated July 2, 2015, last revised October 7, 2015, shall be considered the Master Plan. (P) (STAFF/CPC) 2. Uses. The uses on the Property shall be all uses allowed in the Neighborhood Business (C-2) District, except that the following uses shall not be allowed: A.Alternative financial institution. B.Automobile service station. C.Automobile self-service station. D.Convenience store with gas pumps, provided that a convenience store that is less than 1,500 square feet and without gas pumps shall be permitted. E.Restaurant, fast food or drive-in only. (P) (STAFF/CPC) 3. Transportation Density. The maximum density of the development for transportation planning purposes shall be 36,170 square feet of supermarket/grocery store plus 27,500 square feet of general retail space or equivalent density as determined by the Virginia Department of Transportation. (T) (STAFF/CPC) 4. Dedication. The following rights-of-way on the Property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County prior to any site plan approval, or within sixty (60) days from the 1416SN0537-2015NOV18-BOS-RPT date of a written request by the Transportation Department, whichever occurs first. A.Forty-five (45) feet of right-of-way on the north side of Cogbill Road, measured from the centerline of that part of Cogbill Road immediately adjacent to the Property. B.Sixty (60) feet of right-of-way on the west side of Iron Bridge Road (Route 10), measured from the centerline of that part of Route 10 immediately adjacent to the Property. (T) (STAFF/CPC) 5. Access. A.Direct vehicular access from the Property to Cogbill Road shall be limited to one (1) access. The location of the access shall be as generally shown on Exhibit A and the exact location shall be approved by the Transportation Department. B.If required by the Fire Department, a gated emergency only access may be provided from the Property to Route 10. (T) (STAFF/CPC) 6. Road Improvements. Prior to the issuance of an occupancy permit, the following improvements shall be completed. The exact design and length of these improvements shall be approved by the Transportation Department. A.Construction of an additional lane of pavement along the southbound lanes of Route 10 for the entire Property frontage. B.Construction of a separate right turn lane along the southbound lanes of Route 10 at the Cogbill Road intersection. C.Construction of left and right turn lanes along Cogbill Road at the approved access. D.Construction of additional pavement along Cogbill Road to provide a five (5) lane typical section \[i.e., one (1) westbound lane and four (4) eastbound lanes\] at its intersection with Route 10. E.Modification of the traffic signal at the Route 10/Cogbill Road intersection. F.Construction of sidewalks along Cogbill Road and Route 10 for the entire Property frontage. G.Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements) required for the improvements identified above. (T) (STAFF/CPC) 7. Architecture. The architecture of the grocery store shall be generally in conformance with Exhibits B-1, B-2, and B-3. (P) (STAFF/CPC) 8. Buffers. A. A minimum one-hundred (100) foot wide undisturbed natural buffer shall be provided along the Property line adjacent to the 1516SN0537-2015NOV18-BOS-RPT Meadowbrook Farms Subdivision. This buffer shall comply with the provisions of the Zoning Ordinance. B. A six (6) foot tall vinyl or vinyl-clad privacy fence (as measured from the grade of the Church parking lot) shall be provided within the buffer located generally along the northern Property line, adjacent to GPINs 775-683-3761, 775-683-6259 and 775-683-8748 in only those areas necessary to accommodate VDOT or CDOT sight distance requirements, if required, and/or as reviewed and approved by the Church. (i) Once the fence has been reviewed and approved by the Church, the Owners shall submit evidence of that approval to the County as part of the site plan submittal. (ii) The fence shall be maintained and kept free of graffiti by the Owners of the Property. If the adjacent properties to the north are zoned or developed for commercial uses, the fence may be removed at the option of the Owners. (P) (STAFF/CPC) 9. Hours of Operation. The uses on the Property shall be closed to the public between the hours of 11 p.m. and 6 a.m. (P) (STAFF/CPC) 10. Stormwater. A.No stormwater runoff from new impervious areas shall be discharged into the adjacent Meadowbrook Farm Subdivision. B.The post-development ten-year discharge to the existing double 15-inch reinforced concrete pipe (RCP) culverts under Cogbill Road shall be reduced to the two-year pre-development discharge rate. Additionally the amount of proposed impervious area draining to the RCP culverts shall be minimized to the maximum extent practicable. (EE) 1616SN0537-2015NOV18-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT July 2, 2015 Revised October 5, 2015 Revised October 7, 2015 C-2 with Conditional Use Planned Development to permit retail uses with exceptions to zoning ordinance standards. 1.Development shall conform to the regulations set forth in the zoning ordinance except as set forth below. A.Loading Areas. The orientation of the loading dock, as shown on Exhibit A, may face towards Cogbill Road but views to the loading areas will be minimized through site and architectural design, landscaping, and setbacks. B.Buffer Along Northern Property Line. i.The buffer located along the northern property boundary and adjacent to the church parking lot may be disturbed during construction and by a permanent drive aisle as generally shown on Exhibit A. ii.The area of encroachment for the drive aisle shall be no greater than fifteen (15) feet. iii.All disturbed landscaping shall be replaced and or added in accordance with the requirements and/or modifications determined at the time of site plan review. 1716SN0537-2015NOV18-BOS-RPT ATTACHMENT 3 CONCEPTUAL PLAN (EXHIBIT A) 1816SN0537-2015NOV18-BOS-RPT ATTACHMENT 4 CONCEPTUAL ELEVATIONS (EXHIBIT B-1) 1916SN0537-2015NOV18-BOS-RPT ATTACHMENT 4 CONCEPTUAL ELEVATIONS (EXHIBIT B-2) 2016SN0537-2015NOV18-BOS-RPT ATTACHMENT 4 CONCEPTUAL ELEVATIONS (EXHIBIT B-3) 2116SN0537-2015NOV18-BOS-RPT