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04SN0273-June22.pdf STAFF' S REQUEST ANALYSIS AND RECOMMENDATION hd,r Qf~ ~>/'~/~A (~D(TM December ! 5, 2994 ES M=c~ 9, 2995 ES June 22, 2005 BS 04SN0273 REQUEST: Kahn Properties South LLC Dale Magisterial District Northeast quadrant of Iron Bridge and Centralia Roads Amendment to Conditional Use Planned Development (Case 97SN0165) relative to access. PROPOSED LAND USE: Commercial uses are planned. Previous conditions of zoning prohibited direct access to Centralia Road. The applicant is seeking amendment to Case 97SN0165 in order to be allowed a temporary access to Centralia Road. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend denial for the following reason: In order to reduce potential congestion and accidents, adequate access spacing from a signalized intersection is critical. The property does not have sufficient frontage on Centralia Road to provide adequate access separation from the Route 10/Centralia Road intersection. (NOTES: mo 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 Providing a FIRST CHOICE community through excellence in public service RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION. THE PROFFERED CONDITION HAS BEEN MODIFIED SUBSEQUENT TO THE COMMISSION'S CONSIDERATION OF THIS REQUEST. SHOULD THE BOARD WISH TO APPROVE THIS REQUEST IT WOULD BE APPROPRIATE TO ACCEPT THE PROFFERED CONDITION, AS MODIFIED.) PROFFERED CONDITION The property owner (the "Owner") in this zoning case, pursuant to Subsection 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 development of the Properties known as Chesterfield County Tax Identification Numbers 773-661-0235 and 772-661-8240 (the "Properties") under consideration will be developed according to the following conditions if, and only if, the request for CUPD amendment is granted. In the event the request is denied or approved with conditions not agreed to by the Owner, the proffers and conditions shall immediately be null and void and have no further force or effect. (CPC) One (1) temporary right-in only access shall be permitted from Centralia Road, the exact location and design to be approved by the Transportation Department. This temporary right-in only access from Centralia Road shall be closed at such time that an access easement is recorded and a shared access is constructed from Centralia Road, across the adjacent parcel, known as Tax ID 773-661-3333, to the property. (T) (STAFF NOTE: This condition supersedes Proffered Condition 7 of Case 97SN0165. All other conditions of Case 97SN0165 remain in effect.) One (1) temporary right-in only access shall be permitted from Centralia Road, the exact location and design to be approved by the Transportation Department. This temporary right-in only access from Centralia Road shall be closed at such time that an access easement is recorded and a shared access is constructed from Centralia Road, across the adjacent parcel, known as Tax ID 773-661-3333, to the property or five (5) years after the temporary right-in only access is installed. (T) (STAFF NOTE: This condition supersedes Proffered Condition 7 of Case 97SN0165. All other conditions of Case 97SN0165 remain in effect.) 2 04SN0273-JUNE22-BOS GENERAL INFORMATION Location: Northeast quadrant of Iron Bridge and Centralia Roads. Tax IDs 772-661-8240 and 773-661- 0235 (Sheet 25). Existing Zoning: C-2 with Conditional Use Planned Development Size: 3.0 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North - A with Conditional Use and R-9; Office (Chesterfield Historical Society) and single family residential South - C-2 with Conditional Use Planned Development; Commercial East - C-2 with Conditional Use Planned Development; Vacant West - C-3 with Conditional Use Planned Development; Commercial UTILITIES This request will not impact the public water and wastewater systems. The use of the public water and wastewater systems is required as an existing condition for zoning under Case 97SN0165. (Proffered Condition 1) ENVIRONMENTAL This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Airport Fire Station, Company Number 15, currently provides fire protection and emergency medical service (EMS). This request will have only minimal impact on 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. 3 04SN0273-JUNE22-BOS Transportation: In 1997, the Board of Supervisors approved rezoning of the property from Agricultural (A) to Neighborhood Business (C-2) (Case 97SN0165). As part of that rezoning, the Board accepted a proffered condition that no direct access will be provided from the property to Centralia Road (Proffered Condition 7 of Case 97SN0165). The applicant is now requesting to amend that proffered condition to permit direct access (right-in only) from Centralia Road (Proffered Condition). In this proffered condition there is no commitment to construct a right turn lane. The applicant has proffered to close this access when either, 1) a shared access is constructed on the adjacent property to the east, or 2) five (5) years have passed from the date the right-in only access is constructed. Closing the access at a later date may require the developer to alter the circulation of the development and mobilize a contractor to construct the improvements. Development must adhere to the Zoning Ordinance relative to access and intemal circulation (Article 7). Traffic generated from development of the property will be initially distributed along Iron Bridge Road (Route 10), which had a 2004 traffic count of 35,118 average daily trips (ADT), and Centralia Road which had a 2002 traffic count of 9,900 ADT. The Thoroughfare Plan identifies both Route 10 and Centralia Road as major arterials. The property is located at the northeast comer of the Route 10/Centralia Road intersection, and has approximately 150 feet of frontage along Centralia Road. Typical access spacing along roadways such as Centralia Road should be approximately 500 feet. In order to reduce potential congestion and accidents, adequate access spacing from a signalized intersection, such as Route 10/Centralia Road, is critical. The property does not have sufficient frontage on Centralia Road to provide adequate access separation from the intersection; therefore, the Transportation Department cannot support this request. As part of the original rezoning requests on the subject property and the adjacent property to the east (the "Adjacent Property"), an access plan was developed for both sites, including access to Route 10 and Centralia Road. In order to provide internal circulation between the sites and access to both major arterials, interconnecting driveways were planned. Specifically, a current zoning condition on the subject property allows one (1) direct access from the property to Route 10 (Proffered Condition 7 of Case 97SN0165). The property is also planned to have additional access through the Adjacent Property to Centralia Road. The Adjacent Property is zoned Neighborhood Business (C-2). As part of the rezoning approval on the Adjacent Property (Case 97SN0160), the Board accepted a proffered condition that allows a direct access to Centralia Road. In addition, another proffered condition requires the developer of the Adjacent Property to record an access easement (Proffered Condition 15 of Case 97SN0160) to provide shared use of the Centralia Road access with the subject property. This access easement must be recorded prior to site plan approval for development on the Adjacent Property. Likewise, an existing proffered condition on the subject property (Proffered Condition 7 of Case 97SN0165) requires recordation of an access easement from Route 10 to the Adjacent Property. These easements will allow access to Route 10 and Centralia Road for both properties. The applicant, however, desires to have access to Centralia Road until development occurs on the Adjacent Property. As was stated earlier, the 4 04SN0273-JUNE22-BOS property does not have sufficient frontage on Centralia Road to provide adequate access separation from the Route 10/Centralia Road intersection; therefore, the Transportation Department cannot support this request. LAND USE Comprehensive Plan: The request property lies within the boundaries of the Central Area Plan, which suggests the property is appropriate for mixed use corridor uses. The Plan notes that certain neighborhood commercial uses may be appropriate at this location with appropriate access, architectural design compatible with provisions of the Plan and design controls that provide protection of, and compatibility with, the adjacent residential neighborhood. Area Development Trends: The request property lies in the vicinity of the Iron Bridge/Centralia Road intersection. The area immediately surrounding the Iron Bridge/Centralia Road intersection is characterized by commercial uses or is vacant. Properties to the north are characterized by office and single family residential uses. Property to the south, south of Centralia Road, has been developed for commercial uses within the Chesterfield Meadows Shopping Center complex. Adjacent property to the east is zoned C-2 and is currently vacant. Property to the west is zoned and developed for commercial uses. Zoning History: On November 28, 1979, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning from Residential (R-9) to Agricultural (A) with Conditional Use to permit office use on a portion of the request property and adjacent property to the east. (Case 79S 10 l-A) On April 23, 1997, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning from Agricultural (A) to Neighborhood Business (C- 2) with Conditional Use to permit outside public address systems on the subject property (Case 97SN0165). Conditions of zoning approval for this request prohibited direct access from the property to Centralia Road. Access to Centralia Road was to be via a future cross-access to the adjacent property to the east. CONCLUSIONS As part of rezoning approval for the subject property (Case 97SN0165), the Board accepted a proffered condition that no direct access will be provided from the property to Centralia Road. Typical access spacing along roadways such as Centralia Road should be approximately 500 feet. The property is located at the northeast comer of the Route 10/Centralia Road intersection, and only has approximately 150 feet of frontage along Centralia Road. 5 04SN0273-JUNE22-BOS In order to reduce potential congestion and accidents, adequate access spacing from a signalized intersection is critical. The property does not have sufficient frontage on Centralia Road to provide adequate access separation from the Route 10/Centralia Road intersection. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (7/20/04): The applicant did not accept staff's recommendation, but did accept the Commission's recommendation. One (1) person spoke in opposition to the request stating safety concems and a previous zoning agreement to provide shared access. Mr. Litton noted the proposal would allow for a temporary access only, would reduce congestion and meets Virginia Department of Transportation standards. On motion of Mr. Litton, seconded by Mr. Wilson, the Commission recommended approval and acceptance of the Proffered Condition on page 2. AYES: Unanimous. Board of Supervisors Meeting (8/25/04): At the request of the applicant, the Board deferred this case to September 22, 2004. Staff (8/26/04): The applicant was advised in writing that any new or revised information should be submitted no later than August 30, 2004, for consideration at the Board's September 22, 2004, public hearing. Also, the applicant was advised that a $230.00 deferral fee is due prior to the public heating. Staff (9/2/04): To date, no new information has been received nor has the deferral fee been paid. 6 04SN0273-JUNE22-BOS Staff (9/9/04): The deferral fee was paid. Board of Supervisors Meeting (9/22/04): At the request of the applicant, the Board deferred this case to December 15, 2004. Staff (9/23/04): The applicant was advised in writing that any significant new or revised information should be submitted no later than October 11, 2004, for consideration at the Board's December public hearing. The applicant was also advised that a $130.00 deferral fee was due. Applicant (9/28/04): The deferral fee was paid. Staff (11/23/04): To date, no new information has been received. Board of Supervisors' Meeting (12/15/04): At the request of the applicant, the Board deferred this request to March 9, 2005. Staff (12/20/04): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 2, 2005, for consideration at the Board's March public hearing. Also, the applicant was advised that a $130.00 deferral fee was due. Applicant (12/22/04): The $130.00 deferral fee was paid. 7 04SN0273-JUNE22-BOS Staff (2/25/05): To date, no new information has been submitted. Board of Supervisors Meeting (3/9/05): At the request of the applicant, the Board deferred this request to June 22, 2005. Staff (3/10/05): The applicant was advised in writing that any significant new or revised information should be submitted no later than March 14, 2005, for consideration at the Board's June public hearing. Also, the applicant was advised that a $130.00 deferral fee was due. Staff (3/15/05): The $130.00 deferral fee was paid. Applicant (6/3/05): A revision to the Proffered Condition was submitted, establishing a time limit for the proposed temporary access. The Board of Supervisors, on Wednesday, June 22, 2005, beginning at 7:00 p.m., will take under consideration this request. 8 04SN0273-JUNE22-BOS ~~ nl[,.,N~Upl i ~I ' lON I  I I I o I ! / ~ G~~OVE MENT CENTER PKWY N CONCEPTUAL 1I PLAN \ \ / / / / / / / ! \ t / / / / I \ k \ \ \ \ \ \ \ / I I I I I Z 04 ~NO Z 7.~-~