02SN0296-Mar10.pdf"On3 CPC
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2004 BS-
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
02SN0296
(AMENDED).
Ted A. Williams, Thomas A. Williams,
Grace M. Williams Trust
and
George P. Emerson, Jr.
Bermuda Magisterial District
South line of East Hundred Road
REQUEST: 'Rezoning from Agricultural (A) to COmmunitY Business (C-3) plus proffered
conditions on existing property currently zoned Community Business (C-3).
PROPOSED LAND USE:
Commercial uses, except as restricted by Proffered COndition 7, are planned.
PLANNING COMMISSION' RECOMMRNDATION
RECOMlVIEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
AYES: MESSRS. LITTON, WILSON AND GULLEY.
NAY: MR.'BASS
ABSTENTION: MR. GECKER.
STAFF RECOMMENDATION
Recommend .denial for the following reasons:
Providing a FIRST CHOICE CommunitY Through Excellence in Public' Service.
go
The proposed zoning and land uses do not conform to the Consolidated Eastern Area
Plan which suggests a large portion ofthe property is appropriate for neighborhood
mixed use, to include' professional and administrative offices, along with residential
developments of varying densities.
Be
The proposed zoning and. land uses are not compatible with eXisting and anticipated
development along thi.q Portion of the East Hundred Road Corridor.
(NOTE: THE ONLY CONDITION. THAT MAY BE IMPOSED ISA BUFFER CONDITION,
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIoNs..THE CONDITIONS
NOTED WITH "STAFF/CPC,' WERE AGREED UPON BY-.BOTH STAFF ~ THE
COMMISSION. CONDITIONS WITH ONLYA "STAFF" ARE. RECOMMENDED SOLELYBY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE.' ADDITIONAL 'CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(cpc) 1.
Prior to any final site plan approval, the :following-rights-of-way shall be
dedicated, free and unrestricted; to the County of Chesterfield:
One hundr~ (100) feet-of right-of-Way on the South side: ofRoute' 10
measured from the centerline of that Part'of Route 10 immediately
adjacent re:the property frontage,
Fifty (50)foOt wide rights-of-Way for special access streets pursuant.
to SecfiOnt:9.505Co)ofthe'Zoning Ordinance: (i) from Route 10 ata
location that aligns the crossover.onRoute' 10 Which serves-RiVers
BendBOulevard; southward.:alongthe: eastemproperty line of and to
the so~ ~,er~.property line of the parcel;identified as Tax-ID. 815-652-'
0203 (the 'North/South Street"); and 'ii from the North/South S
· ., . ( ).. , . tree
-eastward to-the eastern prOperty line(the "East/West Street'). The
exact- location of these .rights-Of, waY shall be approved i>y the
TransportatiOn DepartmentJ (T) -
(cPc) 2.
Direct access ~Om the property to Route 10 shall be limited to: 1) the
North/South Street; and 2) one.(1 )entrance/exit (the 'i-Site Access") generally
located midway of the property frontage. The.exact location of these accesses
shall be approved by the Transportation Department. (T) '
(CPC) 3.
To provide an adequate roadway, system,: the oWner/developer shall' be
responsible' for the following:
ao
Construction oran additional lane ofpavement (i.e,, fOurth eastbound
lane) along Route 10 for the:entire-Property frontage.
2 02SN0296,MAR10aBOS
(cpc)
(cpc)
(cPc)
be
Construction of additional pavement along Route 10'at .the
North/South Street and at the Site Access .intersections to provide a
separate .right turn lane, based on Transportation DePartmem
standards.
Co
Constmetion'of additiOnal.pavemem along the westbOund lanes of
Route 10 to provide an adequate left turn lane at the RoUte l0
crossOver that serves the North/SouthStreet. The exact length of this
improvement shall be approved bythe Transportation Department.
FUll cost of traffic signal modification .at the North/South Street/
Route 10 intersection.
e. Construction of two .(2)lanes of: 1) the North/South Street from
Route' 10 to the. EasffWest Street;and 2) the East/West Street from
the North/SOuth Street to the eastern property line.
f. ' conStructiOn of the North/South Street at its. intersection with Route
10as a three-lane tYpical section (i:e:, One (1) sOuthbOund lane and
two (2) northboundlanes). The eXaCt length.ofthis improvement shall
be approved by the TransportationDepartmem.
g. Dedication,'~to and for the benefit, of:Chesterfield County, free and
unrestricted, any additional, right, of. Way (or easements) required for
the improvements identified, above. 'In' the evem'the developer is
unable toacqulre the fight, of-way necessary for the right mm lane at
the (Nortli/South Street as identified in proffered Condition. 3.b.. the
develOper may request, in writing;ithe County to acquire such right-
of-Way as a public road improvement. All costs associated with the'
acquisiti:on of the right, of-waYshal[beborne bythe developer. In the
event the!cOuntY Cl~°°ses n°tto assist the developer in acq{tisition of
the"off~site" right-of-waY, the developer shall be' relieved of the
obligafionm acquire the :!'off-site" right, of. way, and only provide.the
road improvement that can beaccommodated within available right-
°f~Way as determined'by the:.TranSPi~rtati°nDepartment~ (T)
Prior to any ~:site plan.approval~ a .phasing plan for the required road
improvementSi as identifiedin Proffered.ConditiOn 3, shall~be st~bmitted to
and approVed by the TranSportation Department. (T)
The public water and wastewater, systemS shall be used.' (U)
Except fOr timbering approved by ~the Virginia Division-of Forestry for the
purpose of removing dead and/Or diSeased~trees, there shallbenotimbering
on the Property until a Land Disturbance permit has been obtained from'the
- 02SN0296-~10-BOS
Environmental Engineering Department and the apprOved devices have been
installed. (EE)
(cPc) 7.
Only the following uses shall be.allowed within 270 feet of the southern
property line: (a) offices; libraries; brokerages; churches and or/Sunday
schools; cOnvalescent homes, nursing homes and rest homes; group care.
facilities; museums; nursery schools 'andchild and adult care centers; and
customary 'accessory uses, (b) best .management practice facilities and (c)
utilities. Further, the East/West Street shall be located aminimum of 270 feet
from the southern prOPerty line2 (P)
GENERAL INFORMATION
Location:
South line of East Hundred Road,.east of Rivers Bend Boulevard. Tax IDs 815-651-3676
and 7189 and 815,652-2337,3334, 3521 and 4930 (Sheet 27).
Existing Zoning:
A and C-3
Size:
20.4 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North - R-15 with Conditional Use Planned Development and C-3 and C-5; Commercial or
vacant
South' -R-12 and'A; Single family residential or vacant
East - C-5 and A; Commercial or vacant
West - C-3 and A; Vacant
Public Water System:
There is an existing sixteen (16)inch water line extending along the sOuth, line of East
Hundred Road, adjacent to the'site: Use of the pUblic Water Systemis intended and has been
proffered. (Proffered Condition 5)
4 02SN0296-MAR10,BOS
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk line extending along Johnson Creek
and across the southern portion of the request site. Use of the public wastewater system is.
intended and has been proffered. (Proffered Condition 5)
ENVIRONMENTAL
Drainage and Erosion:
Water
The subject property drains to the south to Johnson Creek. There are no existing or
anticipated on-site erosion prOblems. With the property being WOoded and a rather wide
RPA to the rear, there should be 'no timbering of the parcel without an approved Land
Disturbance Permit from the Department of Environmental Engineering(Proffered Condition
6). This will insure adequate erosion control measures are in place prior to any timbering.
QualiW:
Johnson Creek is a perennial stream and, as sUch, is subject'to. 100-foot conservation area
(RPA). The RPA encompasses approximately thirty (30) percent of the rear portion of the
property.
PUBLIC FACILITIES
Fire Service:
The Enon Fire Station, CompanyNumber 6 and Bensley- Bermuda Volunteer Rescue Squad'
currently provide fire protection and emergency medical service to this area. The Rivers
Bend Fire/Rescue Station, Company Number 18; will.proVide this service by the end of
2003. This request will have minimal impact on fire and emergency'medical service.
Transportation:
The property (20.4 acres) is currently zoned Agricultural (A) on 19~0 acres and CommunitY
Business (C-3) on 1.4 acres.. The applicant is requesting rezoning of the 19.0 acres to C-3,
and has offered proffers on the existing C-3 property. This request will not limit
development to a specific land use; therefore, it is difficult to. anticipate traffic generation.
Based on shopping center trip rates, development Could generate'approximately 10;780
vehicles per day. These vehicles will be distributed: along East Hundred Road. (Route 10)
The 2003 traffic volumes alOng the section of Route 10 froTM Interstate 95 to Interstate 295
ranges from 40,000 to 45,000 vehicles per day. The.volume of traffic on the four'(4) lane
section of Route 10 between Interstate 95 and MeadowvilleRoad/Old Bermuda Hundred
Road intersection exceeds the capacitY of.the road, and:drivers typically experience
congestion especially during peak periods. This four (4) lane 'seCtion of ROute '10 is
identified as a prioritY on the Board of Supervisors' .list ofhighway, needs. Construction
5 -02SN0296-MAR10-BOS
plans have been approved for'widening this seCtion ofRonte~ 10. No'funds are included in
the Virginia Department of Transportation Six-Year Improvement Program for right of way
acquisition or construction of this project.
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right-of
way width of 120 to 200:-feet; The applicant has. proffered to dedicate 100 feet offight of
way, measured from the centerline of Route 10, in accOrdance with the Plan. (Proffered
Condition 1.a.)
The Thoroughfare Plan also identifies... 1 ) a north/soUth collector (the "North/South Street"),
with a recOmmended right of way Width of seventy (70) feet from Route 10, aligning with the
Rivers Bend Boulevard intersection,, and extending south through, the property; across
Johnson Creek to several undeveloped parcels; and 2) an eaSt/west special access street (the
"East/West Street") with a recommended fight of Waywidth of sixty' (60) feet parallel to
Route 10, extending from' the north/south speCial.access street, eastwardly, through the
property. Due to the impact-of. Johnson Creek and.the anticipated densities of the
undeveloped parcels south of JohnSon Creek, staff sUpPorts elimination of the North/South-
Street from the East/West Street.:intersection, southWard across Johnson Creek. - The
applicant has proffered to_ dedicatea fifty (50)_foot wide right Of way: 1) for the North/soUth.
Street from Ronte 10, south along the eastern propertyline~of and to the southern property
line of the adjacent parcelto the West; and 2) for the East/West Street from the North/South
Street to the eastern property line (Proffered Condition 1.b.).' NOrth/South Street will. align
the crossover on Ronte 1.0, Which ~erVes RiverS Bend Boulevard.
Development must adhere to the 'Development Standards Manual in the Zoning Ordinance~
relative to access and internalCirculafion (DivisiOn: 5). ACcess to major.arterials, such as
Route 10, should be contrOlled~' The applicant has proffered that:direct, access from the
property to'Ronte 10 will he'limited to: 1)the NortlgS.outh Street; .and 2) one (1).
entrance/exit (the "Site Access") :generally located midway of the .property frontage
(Proffered Condition 2).' :The Rivers Bend Boulevard/Ronte 10 intersection is eontr011edby a
traffic signal. As proffered)- the North/South Street will align this intersection. At time of
site plan review, staff will reCOmmend that internal..access to the North/South Street. be
located an adequate distance: from this signalizedintersection. ' '
· The traffic impact of this deVelOpment must be addressed. The applicant has proffered to:l)
construct an additional lane of pavemem (Lc, fourth:eastbound.lane) along Ronte 10 for the
entire property frontage; 2) construct additional pavement:along ROute.10 at,.the NOrth/Sonth
Street and. at the Site Access intersections to provide a.seParate right turn lane, based, on
Transportation Department standards; 3 ) construct..additional Pavement along the westbound
lanes of Ronte 10 to provide an~adequate left turn !ane at:the Route 10 crossover~that will
serve the North/South street; 4)prOvide traffie~ Signa[mddifieation atthe North/sOuth
Street/Route 10 intersectiOn; 5)construct two (2):lanes of. the North/SOuth and East/West
Streets from Route 10 to the eastern property line; and 6).Construct the North/South Street.at
its intersection with Route 10asa~e (3) lane typiealseefiOn 0.e., one (1) southbound lane-
and two (2) northbound-lanes)i:(Pr°fferedCondition 3) ·
6 02SN0296-MAR10-BOS
The developer may need to acquire "off-site" right of way in order to provide a right turn
lane along Route 10 at the NOrth/South Street. According to'Proffered Condition 3.g., if the
developer is unable to acquire the right -of way for this improvement, the developer may
request the County to acquire the right of way as a pUblic road improvement. All costs.
associated with the acquisition willbe borne by the developer. If the County chooses notto
assist with the right of way acquisition, the developer, will not be obligated to acquire .the
"off-site" right of way, and will only be obligated to construct road improvements within
available right of way. (Proffered Condition 3.g.)
At time of site plan review, specific recommendations will be provided regarding access and
internal site circulation.
'LAND USE
Comprehensive Plan:
Lies within the boundaries'of the Consolidated Eastern Area Plan which suggests the
property is appropriate for neighborhood mixed uses, such- as Pr°fessional.and administrative
offices; along with residential.development of Varying densities. The Plan also Suggests
sUpporting, neighborhood,scale retail and service uses would be appropriate when part of a
mixed use development and when located with access to intersecting transportation corridors.
The Plan notes that neighborhood-scale retail and service uses that are not part of a mixed
use development of aggregated acreage, that are not under a unified plan of development, and
that are not located at intersecting transportation corddors~ would be appropriate north of the
proposed parallel road to Route 10ifpotenfial increased adverse impacts from such uses on
nearby residents are mitigated bytransitional uses, or by additional buffering or other design
and/or operating features2 The Plan also suggests a portion ofthe property, in the vicinity of
the north, south road and Route I0 intersection, would be appropriate for some community-
scale commercial uses if potential increased adverse impacts are similarly mitigated.
Area Development Trends:
Area properties are zoned and developed for commercial and residential uses as well as
vacant agricultural property,: The commercial zoning and uses are located along the East
Hundred Road frontage. Single family residential uses in Chesterfield Downs Subdivision
and vacant agricultural property are loCated'to the south. Additional office, and residential
development is anticipated in the area, as is suggested by thePlan. There is also the potential
for limited 'commercial development along the East Hundred-Road corridor.
Uses:
To provide a transition between the commercial uses proposed along East Hundred Road and
adjacent residential development to the south~ the applicant has agreed to limit uses' within
270 feet of the southern propertyline to a limited number:of office uses, B MP facilities and
utility nses (Proffered Condition 7); While this proffer addresses staff's concerns relative m
7 02SN0296-MAR10-BOS
potential increased adverse impacts on the properties to the south, it does not mitigate the
impacts to the east, as the Plan suggests.
Development Standards:
Currently, the property lies within an Emerging Growth District Area. The Zoning
Ordinance specifically addresses access, landscaping, setbacks, parking, signs, buffers,
utilities and screening for developments within these.areas. The purpose of the Emerging
Growth District Standards is to promote high quality, well-designed projects.
It should be.noted, along with consideration of the Consolidated Eastern Area Plan, the
Board. of Supervisors adoptedan Ordinance amendment to encourage and enhance the
preservation of tree canopy alOng the Route 10 corridor, betWeen I~95 and Hopewell, and to
further encourage architectural standards that reinforce' and-compliment area residential
development. The Ordinance amendment addresses y~d requirements for office, business
and industrial districts. In addition, the Ordinance amendment requires the preservation of
trees and shrubs along Route 10 toprovide continuity and improve buffering, and requires
architectural compatibility with area residential development and with buildings within the
same project. In addition to the, Emerging Growth District standards, this property is affected
by these requirements.
Buffers and Screening:
CurrentlY, the Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,
garbage cans, trash compactors, etc.) on property which is' adjacent to A or R districts be.
screened from view of such districts by a masonry or concrete wall which is constructed of
comparable materials to and designed tobe compatible with'the principal building that such
area serves. Solid waste storage areas must be screened from view of pUblic, rightS.of way
by a solid wall, fence, dense evergreen plantings or arcllitectUral feature, SUch area within
!,000 feet of any A or R'districts shall not be serviced betWeen the hours of 9:00 p.m. and
6:00 a.m. In addition, sites must be designed and buildings oriented so that loading areas are
screened from any property Where loading areas are prohibitedand from public rights, of way.
Adjacent property to the south iszoned Residential (R- 12) and is occupied by single family
residences or is zoned Agricultural (A) with a designation on' the Comprehensive Plan for
residential uses. With the approval of this request, the'Zoning Ordinance would require a
minimum seventy-five (75)foot, buffer along the sOUthern property boundary of the request
site. At'the time of site plan review~ the Planning Commission:may modify this buffer under
certain circumstances.
CONCLUSIONS
While the Consolidated Eastern Area Plan~ supports some community-scale commercial uses on a
portion of the property at the Route 1 O/nOrth-south road intersection) ii'potential increased adverse
impacts on nearby residents are mitigated, the applicants haVe not shown how this is to be achieved.
8 02SN0296-MAR10-BOS
In addition, the proposed zoning and land uses do not conform to the Consolidated Eastern Area Plan'
which suggests a large portion of the property is appropriate for neighborhood mixed use, to include
professional- and administratiVe offices, along with residential developments of varying densities.
The Plan also suggests supporting,, neighborhood-scale retail and service uses Would be appropriate.
when part of a mixed use development and when located, with access to intersecting transportation
corridors. The Plan notes that neighborhood-scale retail and service uses that. are not part of a mixed
use development of aggregated acreage, that are not under a unified Plan:of development, and that
are not located at intersecting transpOrtation corridors, would be appropriate-north of the proposed
parallel road to Route 10 if potential increased adverse impacts from such USes on nearby.residents
are mitigated by transitional uses, or by additional buffering or other design and/or operating
features. Mitigation could include: noise attenuation devices; decorative walls; building/parking
orientation; location,, design and.orientation of mechanical equipment and waste receptacles; and
hours of operation limitations. The application falls to provide fOr transitional 'land uses or other
mitigatiOn consistent with the Plan which would support commercial nses .on the site.
The proposed zoning and land uses are not compatible with existing and anticipated development
along this portion of the East Hundred Road corridor.
Given these cOnsiderations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12117/02):
At the request of the applicants, the Commission deferred~this case to March 1'8, 2003.
Staff(12/18/02):
The applicants were advised in writing that any Significant new or revised information should
besubmitted no later than January 13, 2003, fOr consideration at the Commission's March
18, 2003, public hearing. Also, the applicantswere advised thata$1'40.00 deferral fee must
be paid prior to the CommissiOn's public.hearing.- '
Applicant 0/3/03):
The applicants paid the $140.00 deferral fee.
Staff(2/21/03):
To date, no new information has been received.
9 02SN0296.MAR10.BOS
Planning Commission Meeting (3/18/03):
At the request of the applicants, the Commission deferred this case to June 17, 2003.
Staff (3/19/03):
The applicants were advised in writing that any significant new or revised information should
be submitted no later than April 14, 2003, for consideration at the Commission's June 17,
2003, public hearing.
Also, the applicants were advised that a $140.00 deferral .fee must be paid. prior to the
Commission's public hearing.
Staff(5~23~03):
To date, no new information has been received.
Applicants (6/12/03):
The applicants paid the $140,00 deferral fee.
Planning Commission Meeting (6/17/03):
At the request of the applicants, the Commission deferred this case to September 16,2003, to
alloTM time to amend the request and submit additional information.
Staff(6/18/03):
The applicants were advised in writing that any si~ifieant new or revised information should
be submitted no later than July 1, 2003, for consideration at the Commission's September 16,
.2003, pubIic hearing.
Also, the applicants were advised that a $140.00 deferral fee-must be Paid prior.tO the
Commission's public hearing.
10 02SN0296-MAR10-BOS
Applicants (6/23/03):
The applicants paid the $140.00 deferral fee.
Applicants (8/18/03):
The applicants amended the request by including additional property. In addition, amended
proffered conditions were submitted.
Applicants (8/27/03):
The applicants submitted revised proffered conditions,
Applicants (9/3/03):
Revised prOffered conditions were submitted.
Planning CommissiOn Meeting (9/16!03):
On their own motion, the Commission deferred this case to October. 21, 2003.
Staff (9/17/03):
The applicants were advised in writing that any significantnew or revised information should
be submitted no later than-September 26, 2003,-.for consideration at the Commission's
'October 21, 2003, public hearing.
Applicants (10/2/03):
Revised proffered conditions were submitted.
Planning CommisSion Meeting (10/21/03):
On their own motion, the Commission deferred this case to their -November 1'8, 2003, public
hearing.
11 02SN0296~MAR10-BOS
Staff (10/22/03):
The applicants were adVised in writing that anY significant'new or revised information should
be submitted no later than October 27, 2003, for consideration at the Commission's
November 18, 2003, public hearing~ .
ApplicantS, Staff and DistriCt CommiSsiOner (10/22/03):
A'meeting 'was held to discussthe request. There was discussion about :mitigating any
adverse impact on area residential 'deVelopment and about uses.
Planning Commission Meeting (11/18/03):
On their own motion, the Commission deferred this'case.to their December 16, 2003, public
hearing.
Staff (11/19/03):
The applicants were advised in writing any significant new or revised information should be
submitted no later than NOvember 24, 2003, for conSideration at the Commission's:
December 16, 2003, public hearing. '
Staff (i 1/25/03):
To date, no new or revised information has been submitted by the applicants.
Planning Commission Meeting (12/16/03):
At the request of the applicants, the CommissiOn.deferred this CaSe to February 17, 2004:
Staff (12/17/03):
The applicants were advised in'writing that any significant:new or revised information.should
be submitted no later than. December 22, 2003, fOr consideration at the Commission's
February 17, 2004, public hearing.
Also, the applicants were advised that a'$130.00 deferral fee must be paid prior to the
Commission's public hearing..
12
02SN0296-MAR10,BOS
Applicants (1/5/04):
The deferral fee was paid.
Staff (1/21/04):
To date, no new or revised information has been submitted.
Applicant (2/17/04):
The applicant submitted revisions to proffered conditions.
Planning Commission Meeting (2/17/04):
The applicant did not accept staff's recommendation, but did:accept the CommissioWs
recommendation. There was support and opposition present.
An adjaeent property owner indicated the proposed use is preferred rather than a multifamily
development; the proposal will provide the start of a road. to provide traffic relief; and that
wetlands concerns are addressed~ Area residents speakingin opPosition, expressed concerns
relative to the late submission of PrOffers and notseeingthem Prior to the public hearing;
impact on their neighborhood; and increased traftie.
Mr. Wilson indicated his concerns relative to transition of Uses to the south have been
addressed and given area zoning, he was not concerns about a'tranSifion to the east:
Mr. Gecker, noted he was not comfortable voting°n a case when he hadjust received
proffers. He also noted area citizens had not seen .the new proffers.
On motion of Mr. Wilson, seconded by Mr. Gulley,-the Commission recommended approval
of this request and acceptance'of the proffered conditions :on pages 2 through 4.
AYES: :Messrs. Litton, Wilson and Gulley.
NAY: Mr. Bass
ABSTENTION: MR. GECKER.
The Board of Supervisors, on Wednesday, March 10, 2004, beginning at 7:00 p.m., will take under ~
consideration .this request.
13 02SN0296-MAR10,BOS
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