Loading...
16SN0703 CASE NUMBER: 16SN0703 APPLICANTS: Westover Farms, LLC and Emerson-Roper Companies LLC CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: BERMUDA 356 East Hundred Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: JUNE 22, 2016 BOS Time Remaining: 365 DAYS Applicants’ Agent: KERRY HUTCHERSON (804-748-3600) Applicants’ Contact: GEORGE EMERSON (804-358-5868) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANTS’ REQUEST Request I: Rezoning from Agricultural (A) to Community Business (C-3) on 1 acre portion of a 5 acre tract. Request II: Conditional Use Planned Development (CUPD) to permit exceptions to ordinance requirements on the entire 5 acre tract. Specifically, exceptions to permit the location of parking areas in front of buildings, reduce setbacks for planned parking and drive aisle improvements from East Hundred Road, and internal circulation between properties are requested Development of a commercial project is planned. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Proffered conditions, Textual Statement and a Conceptual Site Plan are located in Attachments 1 -3. RECOMMENDATION RECOMMEND APPROVAL OF REQUESTS I AND II PLANNING Uses and parking location consistent with other area COMMISSION development (5/17/2016) Access between properties hindered by environmental features Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION (CONTINUED) Request I (Rezoning) - RECOMMEND APPROVAL While Plan suggests Neighborhood Commercial uses as appropriate, rezoning of the 1 acre tract would permit commercial development compatible with planned area development As conditioned, impacts will be minimized on area development STAFF Request II (CUPD) – RECOMMEND DENIAL Fails to provide a development pattern that is consistent with new development in the Route 10 East Design District Fails to provide adequate justification for the requested exceptions 216SN0703-2016JUN22-BOS-RPT SUMMARY OF IDENTIFIED ISSUES Department Issue Site conditions do not require parking to be located in front of buildings Conceptual site plan shows development possible at required PLANNING front yard setback Topographical and environmental features can be mitigated to provide internal circulation between the two (2) easternmost parcels FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 316SN0703-2016JUN22-BOS-RPT 5799 & 4603 - - 653 652 - - 816 816 5651 - 652 - 816 4655 - 652 - 816 3658 - 652 - 16 8 416SN0703-2016JUN22-BOS-RPT Map 2: Comprehensive Plan Classification: NEIGHBORHOOD BUSINESS The designation suggests the property is appropriate for commercial uses that serve neighborhood- wide trade areas. Typical uses could include grocery stores, clothing stores, medical clinics, hardware stores, restaurants or other uses that primarily serve weekly or bi-weekly household needs. Map 3: Surrounding Land Uses & Development Single-family Residential Rivers Bend Shopping Center Manufactured Homes or Multi-family Residential (Duplexes) Commercial Uses East Hundred Road 516SN0703-2016JUN22-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Rezoning from A to C-3 of 1.5 acres (all of which is included in the current zoning request). Approved Uses limited to C-2 and specified C-3 uses. 14SN0565 (10/22/2014) Limited service hours for solid waste storage areas 50’ buffer along northern property line PROPOSAL A commercial development composed of multiple outparcel buildings is planned(Attachment 3). A site plan for EVB Bank is currently under review on the western portion of the request properties. The applicants have requested two (2) zoning actions on the five (5) acre tract of property: Request I– Rezone one (1) acre from Agricultural (A) to Community Business (C-3); and Request II – Conditional use planned development on the entire five (5) acre tract to permit exceptions to parking setbacks, location of parking areas and internal circulation. The following provides an overview of proffered conditions offered by the applicant to minimize the impact of the use on area properties: General Overview Requirements Details The Textual Statement serves as the Master Plan and outlines exceptions to permit modified development Master Plan standards. Proffered Condition 1 Following Proffered Conditions apply to Tax IDs 816-652-Part of 3658and Part of 4655only (Request I). Uses limited to C-2 and specified C-3 uses. Uses Proffered Condition2 Not be serviced between the hours of 8:00 PM and 7:00 Service of Waste Storage AreasAM. Proffered Condition3 50’ buffer along northern property line Permit BMP/SWM basin inside buffer 15’ minimum planting area along rear property Buffer line Buffer to be maintained while these properties are zoned for A, R, R-TH or R-MF uses. Proffered Condition4 616SN0703-2016JUN22-BOS-RPT DEVELOPMENT STANDARDS The property is located within the Route 10 East Design District, which regulates setbacks for buildings, drives and parking areas in commercial zoning districts. Its purpose is to provide development standards that reinforce and complement area development, as well as reduce access points to Route 10. These standards have been applied to recent area developments along Route 10 since adoption by the Board of Supervisors in December 2006. The applicants are requesting several exceptions to these development standards as outlined in the following table: Development Standards Route 10 East Design District Zoning Ordinance Proposed Development Exceptions Requirement Located no closer to Located between the building Route 10 than the and Route 10 Location of Parking Areas face of the building Textual Statement, Item 1 Parking Area Setbacks 40’ with Perimeter 30’ with Perimeter Landscape J Landscape J Textual Statement, Item 1 Provide onsite vehicular Not required to provide access circulation and reciprocal between Tax IDs 816-652-3658 Internal Circulationaccess between and 4655 (370 & 380 East properties Hundred Road) Textual Statement, Item 2 After reviewing the applicant’s request and conceptual site plan, staff cannot determinean adequate justification to support these exceptions. The building and parking areas nearest Route 10 could be modified so that the parking area is located to the rear of the building. In addition, the conceptual site plan currently shows that the planned parking areas would meet the required forty (40) foot setback. A shared access roadway, internal to the development, couldalso be constructed to the easternmost property (Tax ID 816-652-4655) by way of crossing a small ravine. While this environmental feature is present, this feature is not so substantial to preclude a shared access drive entering this parcel from the west. These exception requests are not based upon unique site conditions, such as topographical or environmental features, but rather a preference to locate parking areas that are visible to Route 10 and delay the phasing of the shared access road to the east. 716SN0703-2016JUN22-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 Rivers Bend Fire Station, Company Number 18 EMS Facility The Rivers Bend Fire Station, Company Number 18 When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. 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 Offered as Recommended. 100 feet from centerline along East Hundred Road Proffered Condition 6 (Route 10). Vehicular Access Control Access to Route 10 limited to one entrance/exit. Offered as Recommended. Proffered Condition 7 Road Improvements Additional lane of pavement along Route 10 for the entire property frontage. Offered as Recommended. Additional pavement along Route 10 to provide a Proffered Condition 8 separate right turn lane at the approved access. A sidewalk along Route 10 for the entire property frontage. 816SN0703-2016JUN22-BOS-RPT 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 Management (24VAC30-73) - Subdivision Street Acceptance (24VAC30-91/92) - Land Use Permit (24VAC30-151) VDOT has no comment on this request. Summary 916SN0703-2016JUN22-BOS-RPT 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 Yes 8” & 12”Yes Wastewater No 8”Yes Map 5: Existing Water & Wastewater Systems Additional Information: The proposed request will not adversely impact the public water and wastewater systems. 1016SN0703-2016JUN22-BOS-RPT ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov Stormwater Issue Discussion/Conditions Located within the Johnson Creek Watershed Drains to the east to an existing 15- inch culvert under East Hundred Road located near the common property line between Geography 370 and 380 East Hundred Road Culvert discharges to the southern side of East Hundred Road and eventually into Johnson Creek Projectwill be subject to the technical criteria of the Virginia Stormwater Stormwater Management Program Regulations for both water quality Management and quantity Post-development 2, 10, and 100 year stormwater discharge shall not exceed the predeveloped 2, 10 and 100 year stormwater discharge, Drainage respectively Proffered Condition 5 1116SN0703-2016JUN22-BOS-RPT CASE HISTORY Applicant Submittals 3/7/16 Application submitted 5/5/16 & Revised proffers and textual statement were submitted 5/9/16 Community Meetings 4/18/16Issues Discussed One adjacent property attended the meeting, with questions relative to: Solid waste collection times Setback of development from adjoining rear property lines Planning Commission Meeting 5/17/16 Citizen Comments No citizens spoke to this case. Commission Discussion Community meeting with no issues Recent area developments with parking along East Hundred Road Aligns proposed parking with bank drive aisle Ravine and wetlands hinder vehicular connections between parcels Mr. Jackson questioned the applicant relative to the accommodation of the bank drive aisle and parking to rear of building. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion:Sloan Second: Freye AYES: Wallin, Sloan, Frye, Jackson and Jones The Board of Supervisors on Wednesday, June 22, 2016, beginning at 6:30 p.m., will consider this request. 1216SN0703-2016JUN22-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: The following proffered conditions were recommended by the Planning Commission only The Applicants 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 Numbers 816-652-0562, 1560, 2559, 3658 and 4655 (“the Property”) under consideration will be used according to the following proffer(s) if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicants. In the event this request is denied or approved with conditions not agreed to by the owners and Applicants, the proffer shall immediately be null and void and of no further force or effect. 1.Master Plan. The Textual Statement dated May 9, 2016 shall be considered the master plan.(P) Proffered Conditions 2 through 4 shall apply to the parcels that are part of the rezoning request, better known as Chesterfield County Tax Identification Numbers 816-652-Part of 3658 and Part of 4655. (Staff Note: The part of parcels are identified as Request I on Map 1) 2.Uses. Uses permitted on the Property shall be limited to the following: a.Any permitted 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. l.Repair services, excluding motor vehicle repair. m.Restaurants, to include carry-out and fast food. n.Schools – commercial, trade, vocational, and training. o.Secondhand and consignment stores, excluding motor vehicle consignment lots. p.Veterinary hospitals and/or commercial kennels. q.Outside storage, as accessory to a permitted use, including, but not limited to: retail building materials; construction equipment/materials; outside runs 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 permitted or do not exist, and from areas currently 1316SN0703-2016JUN22-BOS-RPT 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. r.Continuous outside display of merchandise for sale, as accessory to a permitted 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 obstruct pedestrian access. s.Prepared food and fruit and vegetable vendors, provided that: i.Only prepared food, fruits, and vegetables shall be sold; ii.They shall be permitted 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 structure, 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 minimum 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) 3.Service of Solid Waste Storage Area. The solid waste storage area permitted onthe Property shall not be serviced between the hours of 8:00 p.m. and 7:00 a.m. Such area shall be prominently 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) 4.Buffer. A fifty (50) foot buffer shall be provided along the property line adjacent to Tax IDs 816-652-5799 and 816-653-4603. Such buffer shall comply with Ordinance requirements, with the exception that BMP/SWM basins may be located within the buffer. If a BMP/SWM basin is located inside the buffer, a planting area measuring a minimum of fifteen (15) feet wide that is unencumbered by the basin improvements shall be provided adjacent to the rear property line. In addition, the buffer shall be maintained until such time that these two (2) adjacent parcels are no longer zoned A, R, R-TH or R-MF Districts. (P) 5.Post Development Runoff. The post development runoff rate for the 2, 10, and 100 year storms shall not exceed the corresponding pre-development runoff rate. (EE) 6.Dedication. Prior to any site plan approval or within sixty (60) days of a written request by the Transportation Department, whichever occurs first, 100 feet of right of way on 1416SN0703-2016JUN22-BOS-RPT the north side of East Hundred Road (Route 10), measured from the centerline of that part of Route 10 immediately adjacent to the Property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 7.Access. Direct vehicular access from the property to Route 10 shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) 8.Road Improvements. The owner/developer shall be responsible for the following road improvements: a.Construction of additional lane of pavement along the westbound lanes of Route 10 for the entire Property frontage. b.Construction of additional pavement along the westbound lanes of Route 10 to provide a separate right turn lane at the approved access. c.Construction of a sidewalk along the north side of Route 10 for the entire Property frontage d.Dedication to Chesterfield County, free and unrestricted, of any additional right- of-way (or easements) required for the improvements identified above. (T) 9.Transportation Phasing Plan. Prior to any site plan approval, a phasing plan for the required road improvements, as identified in Proffered Condition 8 shall be submitted to and approved by the Transportation Department. (T) 1516SN0703-2016JUN22-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT Emerson-Roper Companies, LLC Westover Farms, LLC May 9, 2016 Re: Zoning Application Emerson-Roper Companies, LLC and Westover Farms, LLC to request a Conditional Use Planned Development to request exceptions to ordinance standards relative to parking and internal circulation on Chesterfield County Tax Identification Numbers 816-652- 0562, 1560, 2559, 3658 and 4655 as set forth hereinbelow. 1.Parking. a.Parking areas may be located closer to Route 10 than the faces of any buildings. b. Parking and drive aisle setbacks along Route 10 shall be a minimum of 30 feet from the ultimate right-of-way 2.Internal Circulation. Direct and convenient onsite vehicular circulation and reciprocal access between the parcels known by Chesterfield County Tax Identification Numbers 816-652-3658 and 4655 shall not be required. NOTE: Parcel 816-652-4655 shall have the option of either having access to the west or having separate access to the east onto Parcel 816-652-5651. 1616SN0703-2016JUN22-BOS-RPT ATTACHMENT 3 CONCEPTUAL SITE PLAN Parking in Front of Planned Buildings Parking Setback Reduction Ravine / Environmental Feature (Approximate Location) Relief to Internal Circulation 1716SN0703-2016JUN22-BOS-RPT