05SN0104-Dec15.pdfDecember 15, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0104
Commercial Land Development
Matoaca Magisterial District
North line of Hull Street Road
REQUEST:
Rezoning from Agricultural (A) and General Business (C-5) to Community
Business (C-3) with Conditional Use Planned Development to permit exceptions
to Ordinance requirements.
PROPOSED LAND USE:
Commercial uses are planned. An exception is requested to reduce setbacks for
building, parking and driveways from thirty (30) to ten (10) feet adjacent to the
Residential Townhouse (R-TH) District to the north.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES' 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Ao
Although the Upper Swift Creek Plan suggests the property is appropriate for
office uses, adjacent properties to the east and west permit commercial uses, many
of a similar or greater intensity to the proposed uses.
Through design controls, appropriate land use transitions will be provided
between the Route '360 commercial corridor and the residential development to
the north.
Providing a FIRST CHOICE community through excellence in public service
The requested setback exception would accommodate design standards consistent
with those applied to other adjoining commercially-zoned properties.
(NOTE: 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.)
CONDITION
(STAFF/CPC)
The Textual Statement dated July 7, 2004 shall be considered the Master
Plan.
PROFFERED CONDITIONS
The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the property under consideration will be
developed according to the following prOffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not agreed to by the owners and
applicant, the proffers shall immediately be null and void and.of no further force o? effect..
(STAFF/CPC) 1.
No Loading. There shall be no loading areas between any
buildings and the northern property line. (P)
(STAFF/CPC)
2. Public Utility. The public wasteWater system shall be utilized. (U)
(STAFF/CPC)
3. Transportation.
Prior to any site plan approval, one hundred (100) feet of
right of way on the north side of Route 360 measured from
the Centerline of that part of the roadway immediately
adjacent to the property shall be dedicated free and
unrestricted to and for the benefit of Chesterfield County.
Direct access from the Property to Route 360 shall .be
limited to one entrance/exit. This entrance/exit, shall be
designed to permit, right tums only. 'The exact location of
this entrance/exit shall be determined by the Transportation
Department.
Co
To provide an adequate roadway system, the
owner/developer shall be responsible for the following:
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construction of an additional lane of pavement
along Route 360 for the entire property frontage;
ii.
construction of additional pavement along Route
360 to provide a separate right mm lane at the
approved entrance/exit, based on Transportation
Department standards; and
dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above.
do
Prior to any site plan approval, a phasing plan for the
required road improvements, as identified in condition 3.c.,
shall be submitted to and approved by the Transportation
Department. (T)
GENERAL INFORMATION
Location:
North line of Hull Street Road, east of Cosby Road. Tax IDs 718-671-3035 and 4837
(Sheet 15).
Existing Zoning:
A and C-5
Size:
1.5 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North
South
East
West
- R-TH with COnditional Use Planned Development; Vacant
- A; Single family residential or vacant
- C-5; Commercial
- C-3; Office
UTILITIES
Public Water System:
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A twenty-four (24) inch water 'line extends along the. north side of Hull Street Road
within an easement across this site. Use of the public water system to serve this site is
required by County Code.~
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line that terminates approximately
260 feet south of Manor Gate Place, at a point approximately 990 feet north of the request
site. There are plans to extend the public wastewater system in conjunction with the
development of The Villas at Dogwood and upon completion; the public wastewater
sYstem will be approximately 100 ~'eet north of this site. Use of the public wastewater
system is intended. (Proffered Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
This request will have a minimal impact-upon these facilities.
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station, Company Number 7, currently provides fire protection and
emergency medical service. This i~equest will have minimal impact, fire and EMS.
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.
Transportation:
The subject property consists of 0.7 acre currently zoned Agricultural (A) and 0.8 acre
currently zoned General Business: (C-5). The property is located On the north side of Hull
Street Road (Route 360) between Woodlake Village Parkway and Cosby Road. The
applicant, is requesting rezoning of.the.entire property to Community Business (C-3).
This request will not limit development to a specific land-use; therefore, it is difficult to
anticipate traffic generation. Based on fast food restaurant with drive, through window
trip rates, development could generate 2,500 average' daily trips. Traffic generated by this
development will initially be distributed along Route .360, which had a 2003 traffic
volume of 44,941 vehicles per day between Woodlake Village Parkway and Winterpock
Road. Based on the current volume of traffic during peak hours, Route 360 in this area is
functioning at an acceptablelevel (Level of Service D).
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Development must adhere to the Development Standards Manual in the Zoning
Ordinance relative to access and internal circulation (DiVision 5). Access to major
arterials, such as Route 360, should be controlled. The applicant has proffered that direct
access from the property to Route 360 will be limited to one entrance/exit (Proffered
Condition 3b). This access was constructed on that part of the property cUrrently zoned
C-5 in conjunction with development of the approved, mini-storage facility on the
adjacent property to the east. The applicant owns additional property to the east and plans
to construct another entrance/exit that will be also be designed to serve this property.
The traffic impact of this' development must be addressed. The applicant has proffered
to: 1) construct an additional lane of pavement along Ronte 360 for the entire property
frontage, and 2) constmct'a separate right turn lane along Route 360 at the approved
access based on TransportatiOn Department standards (Proffered Condition 3c). If an
additional access is constructed to serve the adjacent property to the east, then
constmction of the separate right mm lane is not anticipated to be warranted.
At time of site plan review, specific recommendations will be made regarding intemal
circulation.
LAND USE
Comprehensive Plan:
Lies within the 'boundaries. of. the Upper Swift Creek Plan' which suggests the property is
appropriate for office uses.
The property is bound by General 'Business (C-5)' zoning to the .east and Community
Business (C-3) zoning to the westthat permit many commercial uses of similar or greater
intensity to the proposed uses. Assuch, the requested C-3 zoning would be appropriate in
maintaining consistency with existing land use patterns provided, through design
controls, appropriate land use transitions will be provided-between the Route 360
commercial corridor andthe residential development to the north:
Area Development Trends:
Property to the north is zoned Residential Townhouse (R-TH) and is under plans review
for The' Villas at DogwoOd park Subdivision. Properties along the south 'line of Hull
Street Road are currently zoned Agricultural (A) and occupied by single family residences
or remain vacant. Property to the east is zoned General Business (C~5) and is developed
as part of Woodlake Commercial. Park -and prOperty "to'the west is 'zon~d"Community
Business (C-3) and is developed as a dental office.. It is anticipated that any infill
development would be consistent with the adjoining Commercial development pattern
While providing appropriate transition adjacent't0 the fUtUre reSidential'development to
the north.
5 05SN0104-DEC15-BOS
Zoning History:
The portion of the subject property that is currently zoned General Business (C-5), along
with the adjoining C-5 properties to the east, were zoned onor before 1972, predating the
adoption of the Upper Swift Creek.Plan in 1991.
Site Design:
Currently, the request property lies within an Emerging Growth Area and the Route 360-
Corridor West Design Area. Development of the. site must conform to the requirements
of the Zoning Ordinance which address access, parking, landscaping, architectural
treatment,.sign~, buffers, utilities and screening of dumpsters, loading areas, and setbacks,
as noted herein.
Architectural Treatment:
The subject property lies within the Route 360 Corridor West in the mixed use corridor
area of the Upper Swift" Creek Plan. All buildings must be compatible with residential
architecture. This property.is:to be' developed as part of the adjacent commercial project
to the north and east. Within a pi?oject, compatibility may be achieved through the use of
a residential architectural-style uSing materialS, fenestration, scale and other architectural
features appropriate to that style.
Building Setbacks:
Currently, the OrdinanCe requires a 'minimum'thirty (3'0)foot side yard setback for
buildings, parking and driveways adjacent to a Residential Townhouse (R-TH) District.
This setback would apPly alOng the northern boundary of the subject property. The
applicant has requested a reduction in this setback to a-minimum often (10)feet, being
the same standard applied to-C~3 Districts when-adjacent to O,-C or I Districts. This is
consistent with the setback applied to the adjacent-Woodlake Commercial Park to the
east, which received site plan.approval at a time when theR-T~H property was-zoned C-3.
Further, conditions of zoning.apPlicable to the R-TH: property, require a fifty (50)-foot
landscaped setback between-thenorthem boundary _-of the subject' property and the
proposed units within the- R~TH, tract' prOViding transition-betWeen~-,these -propoSed
commercial and residential~uses.
Loading Areas:
The Ordinance requires that sites be designed and buildings oriented so that loading areas
are screened from the Residential Townhouge~ (R-TH) District to-the north and from
public fights of way. To further address transition fromthis development to-the future
adjacent townhouse project, prOffered Condition 1 requires that no :loading areas be
permitted' between 'any -buildings 'and the'. noi'thern property line,' thereby' having the
6 05SN0104-DEC15-BOS
buildings provide both visual and spacial separation between the loading areas and the
residential units.
Buffers:
With the approval of this request, outside storage would be permitted as a restricted use.
OUtside storage areas must not exceed ten (10) percent of the gross floor area for the
principal use and must be screened from view of adjacent properties which have no such
areas and public rights of way.
Adjacent property to the north is zoned Residential Townhouse (R-TH). The Ordinance
requires a minimum seventy-five (75) foot buffer along this northern property boundary
of the request site. It is anticipated that, at the time of site plan review, the developer will
be seeking a modification to this buffer requirement, which the Planning Commission
may grant under certain circumstances.
CONCLUSIONS
Although the Upper Swirl Creek Plan suggests the property-is appropriate for office uses,
adjacent properties to the east and west permit commercial uses, many of a similar or greater
intensity to the proposed uses. Further through design controls, appropriate land use transitions
will be provided between the Route 360-commercial.corridor and the residential development to
the north.
The requested setback exception would accommodate design .standards consistent with those
applied to other adjoining commercially~zoned properties.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (11/16/04):
The applicant accepted the recommendation. There was no opposition present:
On motiOn of Mr. Bass, seconded by Mr. Litton' the Commission recommended approval
subject to the condition and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, December 15, 2004, beginning at 7:00 p.m., will take
under consideration this request.
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TEXTUAL STATEMENT
We are requesting to rezone the Property' from C-5 and A to C-3 with CUPD
for relief from the side yard setback. Specifically, we are requesting to reduce the
side yard setback on the northern side of the Property from 30 (thirty) feet as
required to 10 (ten) feet.
JUSTIFICATION
While the land use plan suggests mixed use corridor/office, the Property .is
adjacent to C-3 and C-5 zoning and is being incorporated into the new shopping
center being developed to the east, thus, the request for retail uses is. consistent
with area development. Furthermore, the Applicant has included in the request a
portion of the unconditional C-5 zoned property to the. east in order that.the
conditions and requirements that would be on the sm all A-zoned parcel may be
spread over part of the unconditional C-5 property to provide additional assurances
of quality deVelopment. The request to reduce the sideyard setback is in keeping
with what was approved on the adjacent C-5 shopping center parcel to the east.
That. center was developed when the adjacent Margaret Cross parcel ~was zoned
commercial and the setback requirements were different. Since then, the Margaret
Cross property was rezoned to residential and the requffed setbacks for the
remainder of the proposed shoppingcenter changed. In order to continue the
development of the shopping center in a coordinated fashion, the reduction to the
required side yard setback on the northern-property lineis reasonable. The
Applicant will continue the landscaping along the .northern property line as has
been previously approved by the County for the Applicant's adjacent property. That
property line abuts a road serving adjacent residential property; the houses on the
other side of the road do not face the road.
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