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91SN0111~annary-15~-199~-6P6 February 27, 1991BS REQUEST ANALYSIS AND RECOMMENDATION 91SN0111 Pioneer Development Corporation Bermuda Magisterial District Northeast quadrant of East Hundred Road and Kingston Avenue REQUEST: Amendment to Conditional Use Planned Development (Case 87S039) to permit a fast food restaurant within a commercial tract of the Riversbend mixed use development. PROPOSED LAND USE: A fast food restaurant with drive-through facilities is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGES 1 AND 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed land use conforms to the Eastern Area Land Use and Transportation Plan, which designates the property for commercial use. B. The proposed use is compatible with anticipated commercial development along this portion of East Hundred Road. C. Conditions of zoning approval for Case 87S039 ensure quality development and compatibility with residential uses along Bermuda Hundred Road. (NOTE: THE CONDITION NOTED WITH "STAFF/CPC" WERE AG~ UPON BY BOTH STAFF AND TI{E COMMISSION. A CONDITION WITH ONLY A "STAFF" ARE RECOMMENDED SOL~3~ BY STAFF. A CONDITION WITH ONLY A "CPC"IS AN ADDITIONAL CONDITION RECOMMENDED BY THE PLANNING COMMISSION.) CONDITION (STAFF/CPC) In addition to the uses permitted for that portion of Land Bay 5, Tract h, which is the subject of this application, fast food restaurants shall be permitted. (P) (NOTES: a. This condition is in addition to Condition 1 of Case 87S039. Ail other conditions of Case g7S039 applicable.) remain GENERAL INFOP~TION Location: Northeast quadrant of East Hundred Road and Kingston Avenue. 118-14 (1) Part of Parcel 40 (Sheet 33). Tax Map Existing Zoning: R-15 with Conditional Use Planned Development Size: 2.22 acres Existing Land Use: Vacant Adjacent Zoning & Land Usa: North R-15 with Conditional Use Planned Development; Vacant South - A; Vacant East - R-15 with Conditional Use Planned Development; Vacant West - R-15 with Conditional Use Planned Development; Vacant PUBLIC FACILITIES Utilities: Water: The request site lies within the Dutch Gap pressure zone and water is supplied by the Appomattox River Water Authority Treatment Plant. A twelve (12) inch water main is located along the south side of the site, within the East Hundred Road right of way. The results of a computer-simulated flow test indicate that adequate flow and pressure should be available to supply the domestic and fire protection needs of the proposed use. The use of public water is intended and required by conditions of zoning approval (Case 87S039). Wastewater: The request site liem within the Johnson's Creek Drainage Basin and is served by the Proctor's Creek Wastewater Treatment Plant. An eighteen (18) inch wastewater.line is located approximately 2,200 feet from the eastern property line. The results of a computer simulated hydraulic analysis indicate that adequate capacity is available to support the proposed use. The use of public wastewater is intended and required by conditions of zoning approval (Case 87S039). 2 91SN01117PCfFEB27J Drainage and Erosion: Condition 8 of Case g?S039 requires that, prior to any land disturbing activity on the request property or any other portion of the Riversbend development that drains into the Johnsons Creek watershed, an overall drainage and stormwater management study/plan must be submitted to Environmental Engineering and VDOT for review and approval. Such a plan has been undertaken, but is still in a preliminary status. Until the overall plan is approved, site plan approval of the request site cannot be granted. In addition, development must comply with the requirements of the Chesapeake Bay Preservation Act. Fire Service: Enon Fire Station, Company #6. Dependent upon present locations, fire hydrants may be required. This amendment will not generate additional need for fire protection services. Transportation: Through the original rezoning for the Riversbend Development (Case 87S039), a transportation proffer was accepted establishing a mmximum density for the project based on the provision of specific mitigating road improvements. Equivalent density based on traffic generation for the proposed use (i.e., fast food restaurant) will be reviewed and approved by the Transportation Department. The preliminary site plan submitted with the application cannot be reviewed until proffered conditions of zoning are addressed. These proffers include: (1) right of way dedication along Kingston Avenue and Route 10; (2) ultimate design of the Kingston Avenue/Route 10 intersection; (3) traffic signalization; and (4) approval of a phasing plan for the required road improvements. LAND USE General Plan: Lies within the boundaries of the Eastern Area Land Use and Transportation Plan, which designates the property for commercial use. Area Development Trends: Properties along this portion of East Hundred Road, in the vicinity of the Routes 10/295 interchange, are zoned commercially and agriculturally and occupied by commercial and residential uses or are vacant. Zoning History: On September 28, 1988, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning with Conditional Use Planned Development (Case 87S039) to permit the Riversbend 91SN0111/PC/FEB27J mixed use development on the request property and surrounding area to the north, east, and west. With the approval of Case 87S039, conditions were imposed to address concerns relative to access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening. On February 28, 1990, the Board approved an amendment to Case 87S039 relative to signs. (Case 90SN0128) Site Design: The request property lies within a commercial tract of Riversbend and, with the approval of this request, may be the first parcel with this commercial tract to be developed. The preliminary site plan submitted with the application depicts a freestanding drive-through restaurant with access to Kingston Avenue and Bermuda Hundred Road. This access is designed to be shared with future commercial development to the north and east. Conditions of zoning approval for Cases 87S039 and 90SN0128 require development to comply with Corridor Overlay District standards relative to site design and with F~nerging Growth Area standards relative to signage. Buffers & Screening: As noted herein, the request property lies within a commercial tract of the Riversbend Development. Conditions of zoning approval for Case 87S039 require a twenty-five (25) foot buffer along that portion of the tract boundary adjacent to Kingston Avenue and a twenty-five (25) foot landscaped setback along that portion of the tract boundary adjacent to Old Bermuda Hundred Road. At the time of site plan review for the proposed fast food restaurant, a landscaping and screening plan for these buffer and setback areas must be submitted for approval. In particular, screening of the view of parking areas, from residences located along Old Bermuda Hundred Road, will be required. Conclusions: %qae proposed land use conforms to the Eastern Area Land Use and Transportation Plan, which designates the property for commercial use, and is compatible with anticipated commercial development along this portion of East Hundred Road. As noted herein, conditions of zoning approval for Case 87S039 require the proposed restaurant to comply with Corridor Overlay District standards, which ensure quality development. In addition, through the site plan review process, landscaping and screening will be required within buffers and setbacks along Kingston Avenue and Old Bermuda Hundred Road to ensure compatibility with area residential uses to the northeast and northwest, along Bermuda Hundred Road. Therefore, approval of this request would be appropriate. CASE HISTORY Planning Commission Meeting (1/15/91): The applicant accepted the recommendation. present. There was no opposition 4 9tSN0111/PC/FEq~27J On motion of Mr. Perkins, seconded by Mr. Miller, the Commission recommended approval of this request, subject to the condition on pages 1 and 2. AYES: Unanimous. The Board of Supervisors on Wednesday, February 27, 1991, beginning at 2:00 p.m., will take under consideration this request. 5 91SN0111/PC/FEB27J ~DVALE - · '\, R-7 O~ 0 ~/$h, lO ;ll-I the best of my knowledge and bel/ef, the following informat/on ~s frae: I. I am the applicant for the ~-nd use amendment on parcel number 2. With the exception of. governmental entit/es and pubic service compan~.'es owning recorded easements over the properS/ (the "Subject Property/") wh/ch L~ the subject o£ the land 'use amendment appHcal/on referred t~'Lu Para, apb 1, the' followin~ is a list of the names and addresses of all ' p~rscns owni~'~ any Ie~m/ or ~qu/table interest in the Subfect Property as a ~t!e owner, lessee, easement owneri-'contract purchaser, assi~'nee,-o.ut/onee, l~censee or noteholder, tuc!ud~u~ trustees, beneff~mries of trusts, p'artners, ~ted p~ers and ali other nai-~urai or art/~/ persons: seners/ ,,,Name Address Ty?e of 'Ownersh/? Luterest ur ........ ,..;..?- ~ , 3. The ~oLlowing ~ a ~ 'of the :%az~es az~c~ add.r~sses of ~ ~~ ar ''venire, ~st or o~er ~~I person ~s~sed ~ P~a~aph 2 (a~er ~ ~ose ~ted ~ P~a~aph 8 or P~a~ph T b~ow) w~ h~ a tot~ of ten or ffewer s~eholders, p~ers, benefices or owners: - Add~ess Na~e o£ Arti~ci~ Person -2- .qM/nwp4770 :N27 4. The fcl/nwi~g is a li~ of %~e names and addresses of ~ na~ or ~-~ persons o~g !0% or mo~ of ~y ~s of ~ock ~sued by a "corpora~on or ~ ~eres~ of 10% or ~are ~ ~y ~ers~p, ~ ven~e, ~ or c~er ~.l pe~on ~s~osed ~ P~a~aph 2 (o~er ~ ~hose ~ed ~ P~a~ph 8 or T ~ow): Name -3- SM/nwp4770: N27 Co~, ~e Chesterfield Co~ Ping Co~s~on or ~ ~me~e e~e~ent owne~, ccn~ct pu:~e~, lessee, ~ee, ~p~onee o~ ~cens~, ~e~ ~d~ or by o~ers~p of ~ ~te~s~ ~ a co~ora~on, p~ers~p, jolt venue or other ~~ person o~..~y suck ~terest: Name of HousehoId Name of Supervisor Member or Com~s~oner ' Description of Ownership -4- -~M/nwp4775 :N27 "counter m~rket or have more thau 100 shareholders: -. T. I' he~eh~r c~ ~t after the e~eeeise of due ~Eence, I have b~n ~able to Ie~ ~e id~es of ~e o~ers of ~e fo~o~g c~o~a~, p~ers~ps, ~c~t v~es, ~ or o~er ~~ p~ons ~s~osed ~ P~a~aph 2: · / SM/nwp4770 "hereby ce~ ~a~ no me~ber cf ~e ~o~d c~ S~pe~ors Count, ~e Che~e~eld Co~ P~g Cc~m~on ar ~ ~me~a~e households, a~er ~ ~ose Supe~ors, Ccm~oners or hc~se~Id members ~e owner, e~emen~ o~er, com~ract p~~, lessee, ~ee, op~on~ or ~censee, eider ~du~y or by owners~p of ~ ~terst ~s~, p~ers~p, jo~ venue 9r o~er ~i~ person ow~g ~y such ~teres~. .. 9. P~or ~o ev~ pubic he~ ~ co~ec~on ~ ~he ~d use ~en~ent appHca~n r~e~d.tc ~ P~ph ! above, .fo~ a~ove. WI~SS ~e f~o~g If any of tJ~e persons c~c~nsed i~ ~'areq~phs 3 or 4 above /~ a -6- SM/nwp4770: N27 State aforesaid, and swore or ~:ned tl:~ the realists sCaied ~n the fore~oin~ " '~o~ Pubic -7- SM/nw'p4770: N27