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16SN0685 CASE NUMBER: 16SN0685 APPLICANT: Ironbridge Road Properties, LLC CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: BERMUDA 12240 & 12250 Iron Bridge Road AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: AUGUST 24, 2016 BOS Time Remaining: 365 DAYS Applicant’s Agent: JACK R. WILSON, III, PLC (804-425-9474) Applicant’s Contact: IRONBRIDGE ROAD PROPERTIES (804-717-5000) Planning Department Case Manager: JANE PETERSON (804-748-1045) APPLICANT’S REQUEST Rezoning from Corporate Office (O-2) to Neighborhood Business (C-2) plus conditional use planned development to permit exceptions to ordinance requirements relative to buffers and setbacks. Commercial uses as limited by Proffered Condition 1 are planned. Setback and buffer reductions are requested along the southern property boundary. Notes: A.Since the Commission’s consideration of this request, the applicant has revised Proffered Condition 1 and the Textual Statement as outlined in Attachments 1 and 2. B.Conditions may be imposed or the property owner may proffer conditions. C.Proffered conditions and Textual Statement are located in Attachments 1 and 2. RECOMMENDATIONS PLANNING RECOMMEND APPROVAL COMMISSION (7/19/2016) Providing a FIRST CHOICE community through excellence in public service RECOMMENDATIONS (CONTINUED) RECOMMEND APPROVAL While the Comprehensive Plansuggests the property is appropriate for a mix of office and residential uses, the proposed C-2 zoning is consistent with neighboring commercial zoning along Iron Bridge Road STAFF Proffered limitations on uses, hours and access provide for appropriate land use transition on eastern edge of existing commercial center As conditioned, Ordinance exceptions minimize impactson neighboring residential use 216SN0685-2016AUG24-BOS-RPT SUMMARY OF IDENTIFIED ISSUES Department Issue PLANNING FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 316SN0685-2016AUG24-BOS-RPT 416SN0685-2016AUG24-BOS-RPT Map 2: Comprehensive Plan-Chester Special Area Plan Classification: Office/Residential Mixed Use The designation suggests the property is appropriate for professional and administrative offices, with residential develo of varying densities, but not new multifamily, or townhouses unless age-restricted. Supporting retail and service uses are appropriate when part of a mixed use center of aggregated acreage under a development plan with access to intersecting transportation corridors. Map 3: Surrounding Land Uses & Development Iron Bridge Rd Commercial Office W. Booker Blvd Single family residential – Carver Home Sites Subdivision 516SN0685-2016AUG24-BOS-RPT PLANNING Staff Contact: Jane Peterson (804-778-1045) petersonj@chesterfield.gov ZONING HISTORY Case Number BOS Action Request Rezone R-7 to O-2 with conditional use of 1 acre, R-7 to O-2 of 0.8 acres and C-3 to C-3 of 9.1 acres, all with conditional use planned development to permit ordinance exceptions. Approved Within the O-2 portion that is subject of current request, 05SN0276 (08/2005) limitations included: O-2 uses plus bank No access to West Booker Boulevard Setbacks (and buffers)per Ordinance PROPOSAL Neighborhood Business (C-2) uses are proposed. As proffered, certain C-2 uses have been excluded that, based on the potential level of activity, may be considered incompatible with the neighboring residential uses. While the Ordinance does not limit hours of operation for uses in the C-2 District, hours have been restricted in consideration of neighboring residential development. These hours are consistent with Ordinance limitations found in Neighborhood Office (O-1) and Convenience Commercial (C-1) Districts. The following chart provides an overview of the applicant’s proposed limitations: General Overview Requirements Details Neighborhood Commercial (C-2), with exclusions such as convenience store, gasoline sales, veterinary clinics, Uses among others noted. Proffered Condition 1 Not open to public between 9:00p.m. and 6:00 a.m. Hours of Operation Proffered Condition 5 Exceptions are requested to building and parking setbacks, and buffers adjacent to the Residential (R-7) property to the south. These exceptions include provisions for reduction or elimination of setbacks and buffers should this adjacent residential property be rezoned and/or redeveloped for non-residential use. The chart on the following page provides an overview of these exceptions. 616SN0685-2016AUG24-BOS-RPT Ordinance Exceptions Requirements Details Ordinance requires thirty (30) feet adjacent to residential (Emerging Growth) Building & Parking Setbacks Reduction to twenty (20) feet proposed adjacent to residential Textual Statement Item 2 Ordinance requires fifty (50) feet adjacent to residential, planted with 1.5 times Perimeter Landscape C Reduction to twenty (20) feet proposed adjacent to residential, planted with 1.5 times Perimeter Buffers Landscape C and supplemented with 6 foot wood or vinyl privacy fence Said fence is to tie into existing commercial fence to west so as to tighten separation between commercial and adjacent residential properties Textual Statement Item 1 While suggesting a mix of office and residential uses at this location,the Comprehensive Plan recognizes the importance of effective transitions between commercial, office and residential land uses, to include parcel aggregation, access limitations and topographical features or natural breaks. As proffered, access to the request property will be provided only through the existing commercial development to the west. This development aggregation, combined with proffered limitationson uses and hours, provides an appropriate land use transition on the eastern edge of this existing commercial center. 716SN0685-2016AUG24-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 EMS Facility 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 Vehicular Access Control. Offered as Recommended No access to Iron Bridge Road(Route 10). Proffered Condition 2 Vehicular Access Control. Offered to address No access to West Booker Boulevard. neighborhood concerns. Proffered Condition 2 Road Improvements. Offered as Recommended A sidewalkalong Route 10 for the entire property Proffered Condition 3 frontage. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT has no comment on this request. 816SN0685-2016AUG24-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 No/Yes 16”Yes Wastewater Yes 8”Yes Utilities Issues Tax ID 780-652-2380 is currently connected to public water. There is an existing easement for wastewater from existing lot line to existing manhole on the western side of parcel for connection. The proposed request will not impact the public water and wastewater systems. 916SN0685-2016AUG24-BOS-RPT Map 5: Existing Water & Wastewater Systems 1016SN0685-2016AUG24-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 Lower Swift Creek and Proctors Creek Watersheds Geography Drains east-southeast through Carver Home Sites Subdivision and under Carver Heights Drive through tributaries to Ashton Creek Off-site drainage problems exist through Carver Home Sites Subdivision, as the roadside ditches are inadequate with little or no grade Any stormwater drainage that will discharge to the eastern or southern boundary into Carver Home Sites Subdivision, either the drainage shall be retained and released at a rate that can be Drainage handled by the existing storm sewer system Improvements to the downstream storm sewer system needed to handle this development shall be made, or the stormwater runoff shall be diverted away from Carver Home Sites into existing facilities related to previously developed portions of the land area for this development 1116SN0685-2016AUG24-BOS-RPT CASE HISTORY Applicant Submittals 2/3/16 Application submitted 3/15, Revised proffered conditions and textual statement submitted 3/28, 4/5, 4/14, 4/19 & 5/9/16 7/20/16 A revised proffered condition and textual statement submitted clarifying buffer planting density Community Meetings 4/13/16Issues Discussed: Overview of proposed uses, access limitations and buffer/setback reductions Attendees requested consideration of the following: A fencing plan that would preclude trespassing onto adjacent residential property Limitationon hours of operation 7/13/16Issues Discussed: Applicant provided overview of changes to proffered conditions based on input from first community meeting Attendees noted concerns relative to potential impacts on Carver Home Sites neighborhood, to include traffic, real estate taxes and redevelopment pressures Planning Commission Meetings 5/17/16 Citizen Comments Several citizens spoke to the deferral, noting an interest in participating in the planned community meetingand future public hearing. Commission Discussion Mr. Sloan noted that as a result of recent feedback received on the case, an additional community meeting was warranted. Action – DEFERRED TO JULY 19, 2016 ON COMMISSION’S MOTION AND WITH THE APPLICANT’S CONSENT 1216SN0685-2016AUG24-BOS-RPT Planning Commission Meetings(Continued) 7/19/16 Citizen Comments There was opposition present to the request. Those opposed noted concerns relative toimpacts of the proposed development on the Carver Homes Sites subdivision, to include preservation of long-standing community experiencing recent home construction increased traffic impacts on property values lack of enhancement to neighborhood Commission Discussion In response to the Commission’s questions, the applicant noted no prospective tenant has been identified for the property; two community meetingswere held; and proffers for fencing and hours of operation resulted from arequest of neighboring residential owners. Mr. Sloan noted through the community meetings, he understands the position of the adjacent residential land owners on the request; that a focus of the ComprehensivePlan update needs to be creating effective land usetransitions between non-residential uses and adjacent to older neighborhoods; and in comparing the current O-2 and proposed C-2 zoning requirements, as proffered, he believes the performance of the property will not materially change given restrictions on access, uses, fencing and buffer density. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Sloan Second: Freye AYES: Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, August 24, 2016, beginning at 6:30 p.m., will consider this request. 1316SN0685-2016AUG24-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Notes: A.The following conditions were recommended by the Planning Commission only B.On July 20, 2016, the applicant revised Proffered Condition 1 and the Textual Statement. The original Proffered Condition 1is notated with “(CPC)” and is followed by the proffer revision, notated with “(MODIFIED)”. This modification is a clarification in the Textual Statement (referenced by Proffered Condition 1) relative to the planting density within the required buffer. Originally, the Textual Statement referenced Perimeter Landscape C. This has been corrected to one and one-half (1.5) times Perimeter Landscape C, noted in bold and underlined in the Textual Statement. Staff finds this modification to be reflective of the intent understood by both staff and the Planning Commission forthe buffer planting density; therefore, should the Board wish to approve this request, the language of the modified proffer is acceptable. 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. 1.(CPC) The master plan shall be that set forth in theTextual Statement dated May 9, 2016. (P) 1.(MODIFIED) The master plan shall be that set forth in the Textual Statement dated July 20, 2016.(P) 2.Access. No direct vehicular access shall be provided to Iron Bridge Road (Route 10) or West Booker Boulevard. Access to the Property shall be through the adjacent properties located at Tax IDs 779-652-9791 and 780-652-0565. (T) 3.Road Improvements. Prior to the issuance of an occupancy permit, the following road improvement shall be completed, as determined by the Transportation Department: a.Construction of a sidewalk along Route 10 for the entire Property frontage. b.Dedication to Chesterfield County, free and unrestricted, of any additional right- of-way (or easements) required for the improvement identified above. (T) 4.Prohibited Uses. The following uses shall be prohibited: a.Automobile accessory store; b.Automobile Self-Service Station; c.Automobile Self-Service Station, Unmanned; 1416SN0685-2016AUG24-BOS-RPT d.Convenience store; e.Grocery store; f.Department store; g.Drug Store; h.Dry Cleaning Pick Up, Drop Off and Coin Operated; i.Funeral homes or mortuary; j.Furniturestore; k.Gasoline Sales; l.Health club; m.Laundromat; n.Meat or seafood market; o.Rental of health and party equipment; p.Rental of small home hardware, tools and equipment; q.Sporting goods sales; r.Toy store; and s.Veterinary clinic. (P) 5. Uses shall not be open to the public between 9:00 p.m. and 6:00 a.m. daily. (P) 6.Drainage: For any stormwater drainage that will discharge to the eastern or southern boundary into Carver Heights Home Subdivision, either the drainage shall be retained and released at a rate that can be handled by the existing stormsewer system, improvements to the downstream stormsewer system needed to handle this development shall be made, or the stormwater runoff shall be diverted away from Carver Home Sites into existing facilities related to previously developed portions of the land area in this zoning case. (EE) 1516SN0685-2016AUG24-BOS-RPT ATTACHMENT 2 TEXTUAL STATEMENT Date: July 20, 2016 Except where otherwise stated below and in the proffered conditions, development shall conform to the requirements for C Districts in an Emerging Growth District Design Area: 1.A 20 foot buffer planted with 1 ½times Perimeter Landscaping C shall be provided along the southern property line adjacent to Tax ID 780-652-1666. Within this buffer, a six (6) foot tall vinyl or wooden privacy fence shall be installedthe full length of the buffer, and shall tie into the fence located on Tax ID 780-652-0565. The exact design and treatment of the fence and landscaping within the buffer shall be approved by the Planning Department in conjunction with site plan approval. The fence shall be maintained in good condition and appearance. This buffer requirement shall be eliminated if Tax ID 780-652-1666 is zoned for a nonresidential use. 2.The building and parking setback along the southern property line adjacent to Tax ID 780-652-1666 may be reduced to 20 feet provided such reduction still accommodates the required buffer. However, if Tax ID 780-652-1666 is zoned for a nonresidential use, these setbacks may be reduced to 10 feet with planting of Perimeter Landscaping B; or if Tax ID 780-652-1666 is zoned for a nonresidential use and developed as part of the project on the subject property, these setbacks shall be eliminated 1616SN0685-2016AUG24-BOS-RPT