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93SN0179I,,~,-, lC 1,0C~'~ /"'Df" July 28, 1993 BS REQ U EST ANALYSIS AND RECOMMEN DATIO N 93SN01 79 Robert W. and Betty S. Adams Bermuda Magisterial District 8930 Pams Avenue REQUEST: Rezoning from Residential (R-7) to General Business (C-5). PROPOSED LAND USE: Commercial uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land uses conform to the lefferson Davis Corridor Plan which designates the request property and surrounding area for general commercial use. B. The proposed zoning conforms with area development trends. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER 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.) PROFFERED CONDITIONS (STAFF/CPC) 1. Prior to obtaining a building permit, one of the following shall be accomplished for fire protection: The owner, developer or assignee(s) shall pay to the County $150 per 1,000 S.F. of gross floor area adjusted upward or downward by the same percentage that the Marshall Swift Building Cost Index increased or decreased between June 30, 1991, and the date of payment. With the approval of the County's Fire Chief, the owner, developer or assignee(s) shall receive a credit toward the required payment for the cost of any fire suppression system not otherwise required by law which is included as a part of the development. OR Bo The owner, developer or assignee(s) shall provide a fire suppression system not otherwise required by law which the County's Fire Chief determines substantially reduces the need for County facilities otherwise necessary for fire protection. (STAFF/CPC) 2. Prior to site plan approval, thirty (30) feet of right of way, as measured from the centerline of Pams Avenue, shall be dedicated to and for the County of Chesterfield, free and unrestricted. (STAFF/CPC) 3. Easements shall be granted to the County of Chesterfield to provide public pedestrian access from the site to Fort Stephens Park and parking on the subject site for the public who visit Fort Stephens Park. Such easements shall allow improvements by the County of Chesterfield to accommodate pedestrian access. The location of the easements shall be approved by the Department of Parks and Recreation at the time of site plan review. (STAFF/CPC) 4. The following uses shall be prohibited: a) Liquor stores. b) Material reclamation receiving centers - aluminum, glass and paper products only. 2 93SN0179/W P/J ULY281 (STAFF/CPC) 5. A minimum twenty-five (25) foot buffer shall be maintained along the northern property boundary. This buffer shall conform to the requirements of the Zoning Ordinance for twenty-five (25) foot buffers, Sections 21.1-226, 21.1-227 (b), (f), (h), (i) (4), (i) (5), (i) (7), (j) (I) and 21.1.228. (NOTES: a) The requirements of the Zoning Ordinance, where more restrictive, supersede the requirements of this condition. b) Acceptance of this condition will prohibit any reduction in this buffer, otherwise allowed by the Zoning Ordinance, until such time that adjacent property is zoned or utilized for a non-residential use.) GENERAL INFORMATION Location: Fronts the west line of Pams Avenue, north of Willis Road. Kingsland Heights, Lot 8 (Sheet 23). Existing Zoning: R-7 Size: 3.35 acres Existing Land Use: Single family residential Adjacent Zoning & Land Use: North - R-7; Public/semi-public (Fort Stephens Park) South - A with Conditional Use; Commercial East - B-3; Commercial West - R-7; Vacant Tax Map 81-8 (2) 3 93SN01 79/W P/J U LY281 PUBLIC FACILITIES Uti lities: Public Water System Size/Location of Lines An existing sixteen (16) inch water main is located along Pams Road. Ordinance Reauirements The existing structures are currently connected to the public water system. Should these structures be expanded and/or additional structures be built the following will apply: If an existing water line is less than two hundred (200) feet from any property line of the lot for which a building permit is sought connection to the County water supply system shall be required (Chapter 20, Article II, 20-42). . Flow and Pressure Availability Results of a computer simulated flow test indicate 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 Size/Location of Lines An existing eight (8) inch wastewater line is located approximately 265.0 L.F. east of the intersection of Pams Road and Willis Road along Willis Road. The southern most property line is located approximately 420 L.F. north of the intersection of Pams Road and Willis Road along Pams Road. Ordinance Requirements Connection to the County wastewater system shall be required for any structure for which a building permit has been obtained after the effective date of this Article and which is within two hundred (200) feet of a gravity wastewater service (Chapter 20, Article III, 20-63); utilizes more than three thousand (3000) gallons of water per day; or lot shall be no smaller than forty thousand (40,000) square feet in size and have a minimum lot width of one hundred twenty (120) feet at the building line (Chapter 20, Article XI, 20-195). 4 93SN01 79/WP/J ULY281 Capacity Availability 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. Septic Tank and Drainfield System. The applicant intends to use a septic tank and drainfield system. system could be used if the parcel meets all the State and requirements for septic systems for commercial use. A septic County Soil conditions would have to be suitable for the installation of a septic tank. 2. Water consumption would be limited to 3,000 gallons a day. 3. Only sanitary sewage could go into the system. 4. The parcel size would have 40,000 square feet or more. .Drainage and Erosion: Drains south through open ditches and storm sewers to the James River. No on- or off-site drainage and/or erosion problems anticipated. Downstream drainage structures were not sized based on commercial use of the subject property; therefore, on-site detention/retention may be required. May be necessary to acquire off-site easements. Fire Service: Bensley Fire Station, Company #3. County water flows and fire hydrants must be provided for fire protection purposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). Fire lanes must be provided as per the Chesterfield Fire Prevention Code, Section 313. The proposed zoning and land uses will generate additional need for fire protection services. Proffers have been received to address this need. (Proffered Condition 1) Parks and Recreation: The request property lies adjacent to Fort Stephens Historical Park. Any development adjacent to the park should be designed to ensure compatibility. The applicant has 5 93SN0179/WP/J ULY281 agreed to provide easements to accommodate pedestrian access and parking to accommodate visitors at the park. (Proffered Condition 3) Transportation: This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on permitted land uses within the proposed C- 5 zoning, such as a fast food restaurant with drive through windows, development could generate approximately 3,800 average daily trips. Based on other permitted land uses, such as light industrial, development could generate approximately 190 average daily trips. These vehicles will be distributed along Paros Avenue which had 1993 traffic count of 363 vehicles per day. The Zoning Ordinance stipulates that the ultimate right of way width of roads adjacent to commercial development must be a minimum of sixty (60) feet. The applicant has proffered to dedicate thirty (30) feet of right of way measured from the centerline of Pams Avenue in accordance with the Ordinance. (Proffered Condition 2) . Development must adhere to the Zoning Ordinance relative to access and internal circulation (Article 7). VDOT has indicated that the ditch should be relocated to provide an adequate shoulder along Pams Avenue for the entire property frontage. At time of site plan review, specific recommendations will be provided regarding access and internal circulation. LAND USE General Plan: Lies within the boundaries of the lefferson Davis Corridor Plan which designates the request property and surrounding area for general commercial use. Zoning History: On June 14, 1972, the Board of Supervisors denied a request for rezoning from Residential (R-2) to General Business (C-2) on the request property. (Case 72-68C) On April 22, 1981, the Board of Supervisors denied a request for rezoning from Residential (R-7) to Light Industrial (M-l) on the request property. (Case 81S026) On January 10, 1990, the Board of Supervisors denied a request for rezoning from Residential (R-7) to Community Business (C-3) to permit a fraternal lodge on the request property. (Case 89SN0322) 6 93SN01 79/WP/JULY281 Area Development Trends: Area development to the south and east is characterized by commercial uses. Area properties north, northeast, and west of the request site are zoned residentially and have been developed for public/semi-public uses (Fort Stephens Park), sin. gle family residences, or are vacant. Given the intense commercial zonings and land uses which surround the request parcel, it is anticipated that commercial uses will develop in the area. As noted herein, the lefferson Davis Corridor Plan designates the request property and surrounding area for general commercial use. site Design: The request property lies within the Jefferson Davis Highway Corridor 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, buffers, utilities, and screening of dumpsters and loading areas. Cultural Resources: The request property is adjacent to Fort Stephens Park. Given the proximity to the park, there may be potential for Civil War cultural resources to exist on the request property. Staff discussed the possibility of proffering a condition requiring a Phase I archaeological study; however, the applicant was unwilling to proffer such a condition. Buffers & Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public rights of way by a solid fence, wall, dense evergreen plantings or architectural feature, be separated from any residentially zoned property or any property being used for residential purposes by the principal building, and that such area within 100 feet of any residentially zoned property or property used for residential purposes 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 prohibited and from public rights of way. With the approval of this request, outside storage would be permitted. Outside storage areas must be screened from view of adjacent properties which has no such areas and public rights of way. 7 93SN01 79/W P/J U LY281 Adjacent property to the north is zoned Residential (R-7) and is occupied by single family or public/semi-public uses or remains vacant. The applicant has proffered a twenty-five (25) foot buffer along the northern property line. This buffer is in excess of the Zoning Ordinance requirements for the Jefferson Davis Corridor District. At the time of site plan review, the Planning Commission may modify this buffer if ,adjacent residential property is zoned or utilized for a non-residential use. Conclusions: The proposed zoning and land uses conform to the Jefferson Davis Corridor Plan. Further, given the existing area commercial development patterns to the south and east, the proposed zoning is compatible with existing and anticipated area zoning. CASE HISTORY Planning Commission Meeting (4/20/93): The Planning Commission on their own motion deferred this case for sixty (60) days pending their consideration of the lefferson Davis Corridor Plan at their May 18, 1993, meeting. Planning Commission Meeting (5/18/93): The Planning Commission recommended adoption of the lefferson Davis Corridor Plan with a land use designation for the request property and surrounding area of general commercial use. Applicant (6/15/93): Proffered Conditions 4 and 5 were submitted to address concerns of an adjacent property owner. 8 93SN01 79/W P/J U LY281 Planning Commission Meeting (6/15/93): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Cunningham, seconded by Mr. Marsh, the Co. mmission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Unanimous. Board of Supervisors' Meeting (6/23/93): The Board adopted the ]efferson Davis Corridor Plan and related Ordinance amendments. The Board of Supervisors on Wednesday, July 28, 1993, beginning at 7:00 p.m., will take under consideration this request. 9 93SN01 79/WP/J ULY281 P~IRK 3A i95SN0179 PARK~ LEGEND