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93SN0258August 25, 1 993 BS ADDENDUM 93SN0258 Frank T. Ellett Bermuda Magisterial District South line of West Hundred Road REQ)UEST: Amendment to a previously granted rezoning (Case 73S121) to amend a condition relative to required buffers plus Conditional Use to permit truck/tractor/trailer, heavy equipment and parts sales, service and repair in a General Industrial (M-2) District. On August 25, 1993, the applicant, in response to concerns expressed by the Transportation Department relative to the clarity of the proffer related to the phasing plan for road improvements, submitted an amended Proffered Condition 8. This amended proffer clarifies that a right-turn lane will be constructed along Route 10 at each approved access. It is the Transportation Department's opinion that the amended proffer conforms with the Planning Commission's intent when they recommended approval of this request. The Transportation Department continues to recommend denial of this request because the applicant has failed to commit to construction of all of the mitigating road improvements, as outlined in the "Request Analysis." Should the Board wish to approve this request, Proffered Conditions 1 through 7 and 9 through 12 outlined in the "Request Analysis" and the following Proffered Condition 8 should be accepted: PROFFERED CONDITION o The road improvements identified in condition 7 above shall be phased in accordance with the following Phasing Plan. The proposed phases are not sequential and will depend upon the location of the individual sites. At the time of the construction of any Route 10 entrance into the Property a right turn lane for each approved access shall be constructed. bo At the time of development of that portion of the Property fronting on Route 618, a right turn lane shall be constructed at each approved access into the Property along Route 618. Co do At the time of development of that portion of the Property fronting on Route 618, the ditch along the north side of Route 618 shall be relocated to the extent it is necessitated by ?.a. and 8.c. above. At the time of construction of the Harbour East Drive cross-over, access to the developed portion of the Property fronting on Route 10 will be provided to align with that cross-over. 2 93SN0258/WP/AUG25MM ^, ,..-,, ,,..~- I 7 I Ciera /'"'Df"' August 25, 1993 BS REQUEST ANALYSIS AND RECOMMENDATION 93SN0258 Frank T. Ellett Bermuda Magisterial District South line of West Hundred Road REQUEST: Amendment to a previously granted rezoning (Case 73S121) to amend a condition relative to required buffers plus Conditional Use to permit truck/tractor/trailer, heavy equipment and parts sales, service and repair in a General Industrial (M-2) District. PROPOSED LAND USE: Sales, service and repair of truck/tractor/trailer, heavy equipment and parts is planned on a portion of this property. However, with the approval of this request, in addition to those uses permitted in the M-2 District, the truck/tractor/trailer business could be located on the entire property. In addition, the applicant is requesting amendment of a previously imposed condition requiring buffers along Routes 10 and 618, by deleting the buffer along Route 10 and increasing the buffer along Route 618. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. STAFF RECOMMENDATION Recommend denial because the applicant has fai led to adequately address the transportation impacts, as discussed herein. However, if the applicant would adequately address the transportation impacts, approval of these requests is recommended for the following reasons: Ao With the proffered conditions, the proposed truck/tractor/trailer business is no more intense, nor would the use have any greater impact, than permitted uses under the existing M-2 zoning. The development standards of the Zoning Ordinance and proffered conditions further ensure quality development and land use compatibility. The buffer along Route 10 was imposed at a time when there were no Zoning Ordinance standards requiring tree preservation or landscaping along roadways. Current Ordinance standards will now address the concerns of the original buffer condition along Route 10. Do The increased buffer along Route 618 will provide additional protection for and minimize the impact on, existing area residents. (NOTES: A. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION. THE APPLICANT'S PROFFERED CONDITIONS STATE THAT THE PROFFERED CONDITIONS WILL BE NULL AND VOID IF CONDITIONS ARE IMPOSED WHICH ARE NOT AGREED TO BY THE APPLICANT. THEREFORE, SHOULD THE COMMISSION AND BOARD WISH TO APPROVE THIS REQUEST SUBJECT TO CONDITIONS, THE COMMISSION AND BOARD MUST RECEIVE THE APPLICANT'S AGREEMENT TO THE CONDITIONS FOR THE PROFFERED CONDITIONS TO REMAIN IN EFFECT.) PROFFERED CONDITIONS (STAFF/CPC) 1. Wrecked vehicles shall be screened from view from Route 10 and Old Bermuda Hundred Road ("Route 618"). The method of screening may include the use of existing vegetation, or supplemental landscaping or by any other method or a combination of any of the above methods as may be acceptable to the owner/developer and as approved by the Planning Department at the time of the site plan review. (STAFF/CPC) 2. Visibility of the service bays from Route 10 and Route 618 shall be minimized by use of facia treatments, existing vegetation, or supplemental landscaping as required by the Ordinance, or by any other method or a combination of any of the above methods as may be acceptable to the owner/developer and as approved by the Planning Department at the time of the site plan review. (STAFF/CPC) 3. Prior to site plan approval, one hundred (100) feet of right of way on the south side of Route 10 (measured from the center line of Route 10 2 93SN0258/WP/AUG25M (STAFF/CPC) 4. (STAFF/CPC) 5. (STAFF/CPC) 6. (CPC) 7. immediately adjacent to the Property) shall be dedicated free and unrestricted (except for existing utility easements) to and for the benefit of Chesterfield County. Access to Route 10 shall be limited to not more than three (3) entrance/exists; one located approximately in the center of the Property frontage aligning with Harbour East Drive, one located towards the western Property line, and one located towards the eastern Property line. The exact location and design of these accesses shall be reviewed and approved by the Transportation Department at time of site plan review. Prior to any site plan approval for any site fronting on Route 618, forty- five (45) feet of right of way on the north side of Route 61 8, measured from the center line of Route 618 immediately adjacent to the Property shall be dedicated free and unrestricted (except for existing utility easements) to and for the benefit of Chesterfield County. Access to Route 618 shall be limited to not more than two (2) entrance/exits. The second access to Route 618 shall be permitted if required to adequately serve the Property. At the time of site plan review, the exact location of the entrances/exits shall be approved by the Transportation Department. To provide for an adequate roadway system at the time of complete development of the Property, the developer shall be responsible for the following: ao Additional pavement shall be provided at each approved access along Route 618 to provide for a right turn lane into the Property. bo Relocation of the ditch along the north side of Route 618 to the extent it is necessitated by 7.a. above. Co Additional pavement shall be provided along Route 10 to provide for a right turn lane into the Property at each approved access. do Dedication to the County of Chesterfield free and unrestricted (except for existing utility easements), any additional right of way (or easement) required for the improvements described in subparagraphs ?a., b., and c. above. 3 93SN0258/WP/AUG25M (CPC) 8. (STAFF/CPC) 9. (STAFF/CPC) 10. eo Contribution to the cost of the cross-over improvements at Harbour East Drive subject to Condition 12. The road improvements identified in condition ? above shall be phased in accordance with the following Phasing Plan. The proposed phases are not sequential and will depend upon the location of the individual sites. ao Site development of the northwestern portion of the Property shall require only a right turn lane to the first entrance/exit into the Property, built to County standards, and as specified in Condition 4. above. bo At the time of the construction of the second or third Route 10 entrance into the Property a right turn lane for each approved access shall be constructed. Co At the time of development of that portion of the Property fronting on Route 618, a right turn lane shall be constructed at each approved access into the Property along Route 618. At the time of development of that portion of the Property fronting on Route 618, the ditch along the north side of Route 618 shall be relocated to the extent it is necessitated by 7.a. and 8.c. above. eo At the time of construction of the Harbour East Drive cross- over, access to the developed portion of the Property fronting on Route 10 will be provided to align with that cross-over. The site shall be designed so as to store a two (2), ten (10) and one hundred (100) year post-development storm and the storm water release shall be no greater than a two (2), ten (10) and one hundred (100) year pre-development storm. In order to accommodate citizens residing in the area, a 100 foot buffer shall be provided along the southern boundary line of the Property adjacent to Route 618 and along the eastern Property line adjacent to tax map parcel 117-15 ((2)) 16, currently owned by Thomas A. McGee. These buffers shall comply with Section 21.1-227 (b), (h) and (i) of the Ordinance. At such time as the adjacent properties are rezoned for office, commercial or industrial uses, these buffer requirements shall be eliminated. 4 93SN0258/WP/AUG25M (STAFF/CPC) 11. Any site plan for development of the Property adjacent to Route 618, or which will access Route 618, or which is adjacent to the eastern Property, line shall be submitted to the Planning Commission for review and approval. (CPC) 12. Contribution for the cost (up to a maximum of $50,000) of the Harbour East Drive cross-over on Route 10, including any left turn lanes provided as a part of the project, to be paid at the time of the construction of that cross-over. GENERAL INFORMATION Location: Fronts the south line of West Hundred Road, west of Riversbend Road, also fronts on the north line of Old Bermuda Hundred Road. Tax Map I 1 7-10 (1) Parcel 16 (Sheet 33). Existing Zoning: M-2 Size: 60.6 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - M-1 with Conditional Use and MH-1; Vacant South - A; Single family residential or vacant East A; Single family residential or vacant West -M-2 with Conditional Use; Industrial 5 93SN0258/WP/AUG25M PUBLIC FACILITIES Utilities: Public Water System There is an existing twelve (12) inch water main located along the westernmost property line. The use of public water is required by Ordinance. A computer simulated flow test was performed along the twelve (12) inch water line. The results of the simulation indicates that sufficient flow and pressure should be available to meet domestic and fire protection demands of the proposed use. Fire flow requirements are established and coordinated through Fire Administration. Public Wastewater System There is an existing fifteen (15) inch wastewater line located on-site. The use of the public wastewater line is required by Ordinance if a structure is located within 200 feet of an existing wastewater line, or the use utilizes more than 3000 gallons of water per day. The results of a computer simulated hydraulic analysis indicate that sufficient capacity should be available to accommodate the domestic waste flows generated by the proposed use. Environmental: Drainage and Erosion: The existing site receives a large volume of stormwater from the property to the west. This runoff drains through the center of the property in an easement to the eastern property line and is considered Johnson Creek. The floodplain is very wide and encompasses much land. The easement shown on the plat in the northeast corner of the site at Route 10 has recently been vacated. There are severe downstream flooding problems on Route 618 as well as potential flooding in the vicinity of some existing homes and Route 10 at Johnson Creek. In order for this property to be developed and not aggravate the existing problems, on- site retention should be performed (Proffered Condition 9). There are no on-or off- site erosion problems. .Fi re Service: Enon Fire Station, Company #6. The proposed zoning and land uses will not generate additional need for fire protection services. 93SN0258/WP/AUG25M Transportation: Traffic generation information is not available for the proposed land use, a truck/tractor/trailer, heavy equipment, and parts sales, service and repair. The property is currently zoned M-2. Based on light industrial trip rates, development could generate approximately 3,110 average daily trips. These vehicles will be distributed along West Hundred Road (Route 10) and Old Bermuda Hundred Road which had 1992 traffic counts of 32,501 and 2,358 vehicles per day, respectively. The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right of way width of 120-200 feet. The Thoroughfare Plan also identifies Old Bermuda Hundred Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate one hundred (100) feet of right of way measured from the centerline of Route 10 and forty-five (45) feet of right of way measured from the centerline of Old Bermuda Hundred Road in accordance with that Plan. (Proffered Conditions 3 and 5) Access to major arterials such as Route 10 and Old Bermuda Hundred Road should be controlled. The applicant has proffered to limit access onto Route 10 to three (3) entrances/exits: one located approximately in the center of the property frontage aligning Harbour East Drive, another access located towards the eastern property line and the other access located towards the western property line (Proffered Condition 4). The applicant has also proffered to limit access to Old Bermuda Hundred Road to not more than two (2) entrances/exits. The second access to Old Bermuda Hundred Road would only be approved if required to adequately serve the property. (Proffered Condition 6) Mitigating road improvements must be provided for the requested densities. Staff, in conjunction with VDOT, has developed a crossover plan for Route 10. This plan identified existing crossovers that should either remain open or be closed. The plan also identifies locations where new crossovers should be constructed. The crossover plan for this section of Route 10 identifies closing the existing crossover located towards the eastern part of the subject property, and construction of a new crossover, with an adequate left turn lane for both eastbound and westbound approaches, located in the center of the subject property frontage. This new crossover on Route 10 would align the Harbour East Drive/site access intersection. The developer should be responsible for these Route 10 crossover improvements. The applicant has proffered to contribute up to $50,000 of the Harbour East Drive cross-over. The proffered condition, as written is unclear. This proffer should reflect that the $50,000 could include the cost for the removal of the existing crossover located towards the eastern property line. Further, this proffer should also state when the $50,000 contribution would be made. (Proffered Conditions ?.e. and 12) 7 935N0258/WP/AUG25M The applicant has also proffered at time of construction of the Harbou.r East Drive crossover, access to the developed portion of the Property fronting on Route 10 will be provided to align with that crossover. (Proffered Condition 8.e.) The applicant has submitted other proffered conditions in an attempt to address concerns relative to mitigating road improvements to include: 1) additional pavement along Route 10 at each approved access to provide a right turn lane; 2) construct additional pavement along Old Bermuda Hundred Road at each approved access to provide a right turn lane, and 3) relocate the ditch to provide an adequate shoulder along Old Bermuda Hundred Road in the area where the right turn lane is constructed. (Proffered Condition 7) Proffered Condition 8 addresses phasing of the proffered road improvements. As currently written, these proffers are unclear and may be difficult to interpret relative to enforcement. The proffered conditions do not adequately address the transportation impact. Other mitigating road improvements that should be provided are: 1) construction of an additional lane of pavement along Route 10 for the entire property frontage in lieu of the individual right turn lanes, 2)construction of additional pavement along Old Bermuda Hundred Road to provide a left turn lane at each approved access in addition to the proffered right turn lane, and 3) relocation of the ditch to provide an adequate shoulder along the north side of Old Bermuda Hundred Road for the entire property frontage not just in the area of the proffered right turn lane. The applicant is not willing to provide all of these road improvements. Without a commitment to provide all of the mitigating road improvements, the Transportation Department can not support this request. Historic Resources: It should be noted that there are remnants of Civil War earthworks located on the subject property. The County lacks a Historic Preservation Plan or staff member to give guidance as to the handling and/or preservation of such sites. Staff has, however, visited the property and has roughly determined that these earthworks are limited to two (2) sites located in the northwest and southeast portions of the property. These sites were located without the benefit of an actual survey. It was also determined that these two (2) sites, do not have significant historical importance, as compared to other sites which have been preserved by the State and Federal governments. Given the limited information available, it is felt that these sites warrant no special consideration relative to preservation. 8 93SN0258/WP/AUG25M LAND USE General Plan: Lies within the Eastern Area Land Use and Transportation Plan, which designates the property for light industrial use. Area Development Trends: The area in the vicinity of the request property along Route 10 is characterized by property zoned General Industrial (M-2), Light Industrial (M-l), Mobile Home Park (M-l) and Agricultural (A), and has been developed for industrial, mobile home park or remains vacant. Adjacent properties along Old Bermuda Hundred Road are zoned agriculturally and have been developed for single family residential uses or remain vacant. The adopted Plan suggests that the agricultural properties along Old Bermuda Hundred Road will eventually be zoned and developed for industrial uses. Zoning History: On October 10, 1973, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning to General Industrial (M~2) on the subject property and adjacent property to the west (Case 73St21). At that time, a condition requiringa 100-foot buffer along Route 10 (West Hundred Road) and a fifty (50) foot buffer along Route 618 (Old Bermuda Hundred Road) was imposed. The applicant is requesting that the buffer requirement along Route 10 be removed and that the fifty (50) foot buffer along Route 618 be increased to 100 feet. Site Design: The request property lies within the Corridor Overlay District. Redevelopment of the site or new construction must conform to the development standards of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, utilities, and screening of dumpsters and loading areas. Architectural Treatment: No building exterior (whether front, side or rear) will consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather, the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultural district or any public right of way. Mechanical equipment, whether ground-level or 9 93SN0258/WP/AUG25M rooftop, must be shielded and screened from public view and designed to be perceived as an integral part of the building. Buffers and Screening: As indicated, in addition to the Conditional Use request for the truck/tractor/trailer and heavy equipment business, amendment to buffers imposed at the time of the rezoning to M-2 is requested. Specifically, the applicant is requesting that the required 100 foot buffer along Route 10 be eliminated and the buffer along Route 618 be increased. These buffers were imposed at a time when there were no development standards relative to landscaping, tree preservation, architectural treatment and screening of loading and mechanical equipment. Staff is of the opinion that deletion of the Route 10 buffer is now appropriate because the Corridor Overlay District standards address the concerns of the original buffer condition. It should be noted, however, that the applicant has submitted a Variance request to reduce the required setback along Route 10 from seventy-five (75) to fifty (50) feet. Even if the Board of Zoning Appeals grants the Variance request, the standards of the Zoning Ordinance address tree preservation and landscaping along the Route 10 Corridor. In addition, the applicant has proffered conditions addressing visibility of wrecked vehicles and service bays from both Routes 10 and 618 thereby further addressing the spirit and intent of the original buffer condition. (Proffered Conditions 1 and 2) With respect to the buffer along Route 618 (i.e., Old Bermuda Hundred Road), the original conditions of zoning required a fifty (50) foot buffer. Following meetings with property owners who reside on agriculturally zoned properties along Old Bermuda Hundred Road, the applicant agreed to increase this buffer to 100 feet and to also provide a 100 foot buffer along the eastern property line. (Proffered Condition 10) The proffered condition would require that the southern buffer be retained until such time that all the adjacent properties across Old Bermuda Hundred Road are zoned or used for office, commercial or industrial uses. Also, that the eastern buffer be retained until such time as the adjacent parcel identified as Tax Map 117-15 (2) Parcel 16 is rezoned for office, commercial or industrial use. As noted, the adopted Plan does designate the adjacent Agricultural (A) properties for industrial use. Further, Proffered Condition 10 would allow the Planning Commission to modify the buffer requirement at the time of site plan review. The applicant has agreed that any site plan for development adjacent to the buffers or any site plan which would propose access to Old Bermuda Hundred Road would be submitted to the Planning Commission for review and approval. (Proffered Condition 11) 10 93SN0258/WP/AUG25M Conclusions: Given the proffered conditions, the proposed land use is no more intense than uses currently permitted on the site and is generally consistent with the adopted Plan. In addition, the development standards of the Zoning Ordinance and proffered conditions further ensure quality development and land use compatibility. As noted, herein, deletion of the buffer along Route 10 is appropriate given the current development requirements with respect to tree preservation and landscaping. The increased buffer along Old Bermuda Hundred Road and the additional buffer along the eastern property line will minimize the impact of the development on existing area residential uses until such time that those adjacent properties are rezoned or used for industrial purposes consistent with the Plan. Therefore, staff could support these requests if the applicant would adequately address the transportation impacts, as discussed herein. CASE HISTORY Applicant (8/1 7/93): Amendments to Proffered Conditions 7, 8 and 10, as reflected herein, were submitted. An additional proffered condition (Proffered Condition 12), as reflected herein was submitted. Planning Commission Meeting (8/17/93): The applicant accepted the Planning Commission recommendation. The applicant's representative stated that the proffered conditions addressed neighborhood concerns; provided more protection for the neighborhood than the current zoning; and provided for transportation improvements which are needed to accommodate the traffic generated by this development. He further stated that the development would generate revenue for the County. He stated that the developer should not be responsible for transportation improvements which are not necessary to accommodate the traffic generated by the project. Several concerned citizens were present. Concerns were expressed relative to buffers, drainage and access to Old Bermuda Hundred'Road. It was noted that the proffered conditions addressed these issues. 11 93SN0258/WP/AUG25M Mr. Cunningham stated that the applicant had agreed to a number of transportation improvements. He stated that the right of way dedication and the relocation of the Route 10 crossover was significant. On motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 5. AYES: Unanimous. The Board of Supervisors on Wednesday, August 25, 1 993, beginning at 7:00 p.m., will take under consideration this request. 12 93SN0258/WP/AUG25M HARBOUR EAST~ ::::::::::::::::::::::::::::::: ..::~::: ............... ======================== HUNDRED · RIVERS BEND ROAD .,93SN0258 AMEND ZONING~ U. H. 3:3 ~ERMUOA ~ ELEM.