17SN0512
CASE NUMBER: 17SN0512
APPLICANT: Jack N. Harris
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: BERMUDA
6200 Rivington Dr.
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
OCTOBER 26, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Agent:
KERRY HUTCHERSON
(804-748-3600 EXT. 306)
Applicant’s Contact:
JACK N. HARRIS
(804-748-3600)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
APPLICANT’S REQUEST
Rezoning from Corporate Office (O-2) to Community Business (C-3).
Commercial uses are planned. Uses would be limited to those uses permitted in the
Neighborhood Business (C-2) District and certain Community Business (C-3) uses outlined in
Proffered Condition 1. (Attachment 1)
Notes:
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.
RECOMMENDATIONS
PLANNING RECOMMEND APPROVAL
COMMISSION
(9/20/2016)
RECOMMEND APPROVAL
While a deviation from the residential land use suggested by The
STAFF Comprehensive Plan, given the use limitations, the proposed zoning
and land use will provide for an appropriate land use transition on the
western edge of an existing commercial center.
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
PLANNING -
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan
Classification: MEDIUM-HIGH DENSITY RESIDENTIAL
This designation suggests the property is appropriate for residential use of various types at a
minimum density of 4 to 8 dwelling units per acre.
Map 3: Surrounding Land Uses & Development
Iron Bridge Rd
Commercial
uses and
Branders Creek Dr
vacant; zoned
C-3 and C-5
Rivington Drive
Vacant; zoned R-TH Multi-family use
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Zoned subject property O-2 as part of 47.6 acre
tractwhich included a mix of residential
Approved
06SN0196 townhomes , commercial, and office use
6/26/2006
Conditions for the O-2 property addressed road
improvements, utilities and timbering
PROPOSAL
The applicant proposes rezoning of the request property to Community Business (C-3) to permit
commercial uses. Permitted uses would also be limited touses permitted in the Neighborhood
Business (C-2) District plus certain less intense and automobile related uses. (Proffered
Condition 1, Attachment 1)
While the proposed land use and zoning would not provide the higher density residential use
suggested by the Plan, proffered limitations on uses provide for an appropriate land use
transition on the western edge of an existing commercial center
The following provides an overview of the development’s design standards:
General Overview
Requirements Details
Limited to C-2 uses plus certain less intense C-3 uses
Uses
Proffered Condition 1
Compatible with adjacent properties
Architecture
Proffered Condition2 and Map 4 (below)
Map 4: Surrounding Land Uses & Development
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (717-6167) battena@chesterfield.gov
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.
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Chester Fire Station, Company Number 1
EMS Facility The Chester Fire Station, Company Number 1
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 it is anticipated to be
minimal.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT has no comment on this case.
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
The property is located in a mandatory water and sewer connection area. The proposal’s impacts
on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing Line Connection Required by County
Serviced? Code?
Water No 8” Yes
Wastewater No 8”Yes
Map 5: Existing Water & Wastewater Systems
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ENVIRONMENTAL ENGINEERING
Drainage, Erosion and Water Quality
Staff Contact: Rebeccah Ward (748-1028) wardr@chesterfield.gov
Stormwater
Issue Discussion/Conditions
Located within the Lower Swift Creek Watershed
Property drains to the existing Rivington stormwater
Geography
management pond, which discharges to an natural channel and
then Piney Branch
The property is included within the approved River Forest and
Rivington Overall CBPA Plan; therefore, the development is
Stormwater
grandfathered under the Part IICtechnical criteria of the Virginia
Management
Stormwater Management Program Regulationsfor water quality
and quantity until June 30, 2019
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CASE HISTORY
Applicant Submittals
7/11/2016 Initial application submitted
9/9/2016 Revised proffered conditions submitted
Community Meeting
8/3/2016 Issues Discussed
No specific user planned
Uses would close by 11:00 p.m. similar to adjacent development
Consideration to prohibit certain commercial uses in order to provide
transition to residential uses to the south and southwest
Architectural compatibility
Planning Commission Meeting
9/20/2016
Citizen Comments
No citizens spoke to this case.
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, October 26, 2016, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
Both the Planning Commission and staff recommend acceptance of the following proffered
conditions,as offered by the applicant.
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 himself and his successors or
assigns, proffers that the property known as Chesterfield County Tax Identification Number
777-653-0605 (“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 Applicant. In the event this request is denied or approved with conditions not
agreed to by the owner and Applicant, the proffer(s) shall immediately be null and void and of
no further force or effect.
1.Uses: Uses permitted shall be limited to the following:
a.Any permitted use in the C-2 District.
b.Carpenter and cabinetmakers’ offices and display rooms.
c.Contractors’ offices and display rooms.
d.Electrical, plumbing, or heating supply sales, service, and related display
rooms.
e.Feed, seed, and ice sales.
f.Greenhouses or nurseries.
g.Home centers.
h.Recreational establishments, commercial-indoor, including, but not
limited to a senior-citizen’s center.
i.Repair services, excluding motor vehicle repair.
j.Restaurants, to include carry-out.
k.Schools – commercial, trade, vocational, and training.
l.Secondhand and consignment stores, excluding motor vehicle
consignment lots.
m.Veterinary hospitals or clinics and/or commercial kennels, excluding
outdoor runs.
n.Outside storage, as accessory to a permitted use, including, but not
limited to: retail building materials; construction equipment/materials;
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 zoned R, R-TH, R-MF, A, O, MH, or I-1.
ii.No more than ten percent of the gross floor area of the principal
use may be used for outdoor storage.
iii.Site or architectural design, topography, landscaping, setbacks or
other features shall be used to minimize the visibility of the
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aforementioned outside storage uses as viewed from limited
access roads.
o.Continuous outside display of merchandise for sale, as accessory to a
permitted use, provided that the use is limited to either of the following
areas:
i.An area located under a covered pedestrian way that does not
exceed 16 feet in width where other pedestrian ways are not
obstructed, where no more than five percent of the gross floor
area of the principal use is used for outside display purposes; and
ii.An additional area which conforms to the parking setback
requirements of the district; screened from view of adjacent
properties on which outside display is not permitted or does not
exist, A property designated on the comprehensive plan for R, R-
TH, R-MF, MH, A, O or I-1 uses, and external roads; and this
display area plus any permitted outside storage area does not
exceed 10 percent of the gross floor area of the principal use.
p.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)
2.Architectural Compatibility: For the purposes of architectural treatment, the
Property shall be considered as part of a project consisting of Chesterfield
County Tax Identification Numbers 776-653-9843; and 777-653-2931, 2949 and
4107. (P)
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