05SN0206-Oct26.pdf
April 21, 2005 CPC
May 17,2005 CPC
July 19, 2005 CPC
.^..ugust 16, 2005 CPC
September 21,2005 BS
October 26, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0206
Dr. Taylor Lyne
and
Dr. Georgeanna M. Lyne
Bermuda Magisterial District
North line of Iron Bridge Road
REQUEST: Rezoning from Agricultural (A) and Corporate Office (0-2) to Community
Business (C-3) with Conditional Use to permit outside runs associated with a
veterinarian hospital.
PROPOSED LAND USE:
Expansion of an existing veterinary hospital is planned. As an accessory to the
veterinary hospital use, outside runs, in excess of ten (10) percent of the gross
floor area of the hospital, are proposed. With approval of this request, any use
permitted by right or with restrictions in a C-3 District would be allowed.
(NOTE: IN ORDER FOR THE BOARD OF SUPERVISORS TO CONSIDER THIS
REQUEST AT THEIR OCTOBER 26,2005, MEETING, A $230.00 DEFERRAL FEE
MUST BE PAID.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
AYES: MESSRS. WILSON, BASS, GECKER AND GULLEY
ABSENT: MR. LITTON
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Recommend approval of the rezoning and denial of the Conditional Use and that Proffered
Condition 6 not be accepted for the following reasons:
A. The requested zoning and land use complies with the Central Area Plan which
suggests the property is appropriate for community mixed use.
B. The requested zoning and land use are representative of and compatible with
existing and anticipated area development.
C. Given the proximity to residential development and the potential for noise associated
with the outside runs, staff feels it inappropriate to allow the requested amount of
outside runs in this area.
(NOTE: THE ONLY CONDITION THAT MAYBE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) 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)
(STAFF /CPC)
-'~..._--"~.-
1.
Prior to any site plan approval, right-of-way on the north side of
Iron Bridge Road (Route 10), as shown on the plat titled "Plat
Showing Three Parcels of Land With Proposed Easements Lying
In The Bermuda District, Chesterfield County, Virginia Surveyed
For Georgeanna M. Lyne" prepared by Austin Brockenbrough &
Associates, L.L.P. and dated June 14, 2005, and the last revision
dated July 18,2005 shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County. (T)
2.
Direct access from the property to Route 10 shall be limited to one
(1) entrance/exit, generally located towards the western part of the
property (the "Route 10 Access"). This access shall be limited to
right-turns-in and right-turns-out only. Direct access from the
property to Chalkley Road shall be limited to one (1) entrance/exit,
generally located at the northern property line (the "Chalkley Road
Access"). The exact location of these accesses shall be approved
by the Transportation Department. Prior to any site plan approval
that includes development with access to Chalkley Road, an access
easement, acceptable to the Transportation Department, shall be
recorded across the property to provide shared use of the Chalkley
Road Access with adjacent properties to the north. (T)
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05SN0206-0CT26-BOS
(STAFF/CPC)
--,-_._--~---
3.
To provide an adequate roadway system, the developer shall be
responsible for the following road improvements:
a. Construction of an additional lane of pavement along the
westbound lanes of Route 10 for the entire frontage of the
parcel identified as Tax ID 779-653-1379.
b. Construction of additional pavement along the westbound
lanes of Route 10 at the Route 10 Access to provide a
separate right turn lane.
c. Construction of a sidewalk along the north side of Route 10
for the entire property frontage. The exact design and
location of this improvement shall be approved by the
Transportation Department.
d. Reconstruction of Chalkley Road to obtain adequate sight
distance, as determined by the Transportation Department,
along Chalkley Road at the Chalkley Road Access. The
exact length and design of this improvement shall be
approved by the Transportation Department.
e. Construction of an additional lane of pavement along
Chalkley Road for the entire property frontage.
f. Construction of additional pavement along Chalkley Road
at the Chalkley Road Access to provide left and right turn
lanes, based on Transportation Department standards.
g. Modification of the traffic signal at the Chalkley
Road/Route 10 intersection, as determined by the
Transportation Department.
h. Dedication to Chesterfield County, free and unrestricted,
any additional right-of-way (or easements) required for the
improvements identified above. In the event the developer
is unable to acquire any "off-site" right-of-way that is
necessary for the road improvements described in Proffered
Condition 3, the developer may request, in writing, that the
County acquire such right-of-way as a public road
improvement. All costs associated with the acquisition of
the right-of-way shall be borne by the developer. In the
event the County chooses not to assist the developer in
acquisition of the "off-site" right-of-way, the developer
shall be relieved of the obligation to acquire the "off-site"
right-of-way and shall provide the road improvements
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05SN0206-0CT26-BOS
-"-"'__"'~'"'C_''_"'____'''
(STAFF/CPC)
(STAFF/CPC)
(CPC)
6.
Location:
within available right-of-way as determined by the
Transportation Department. (T)
4.
Prior to site plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 3, shall be
submitted to and approved by the Transportation Department. The
approved phasing plan shall require the road improvements
identified in Proffered Conditions 3.d., 3.e, 3.f, and 3.g. to be
provided with development that includes the Chalkley Road
Access. In addition, the approved phasing plan shall require the
right turn lane, described in Proffered Condition 3.b., to be
provided with any development that would cause the property's
anticipated trip generation to equal or exceed 3,000 trips per day at
the Route 10 Access, as determined by the Transportation
Department. (T)
5.
With the exception of timbering which has been approved by the
Virginia State Department of Forestry for the purpose of removing
dead or diseased trees, there shall be no timbering on the property
until a land disturbance permit has been obtained from the
Environmental Engineering Department and the approved devices
have been installed. (EE)
Outside run areas shall not exceed fifty percent (50%) of the gross
floor area of the principal use. (P)
GENERAL INFORMATION
North line of Iron Bridge Road and the west line of Chalkley Road and located at the
northwest quadrant of the intersection of these roads. Tax IDs 778-653-8082 and 779-
653-1379 (Sheet 26).
Existing Zoning:
A and 0-2
Size:
7.3 acres
Existing Land Use:
Commercial and vacant
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05SN0206-0CT26-BOS
Adjacent Zoning and Land Use:
North - A; Single-family residential
South - C- 5; Commercial
East - C-2 with Conditional Use Planned Development; Commercial
West - C-2 with Conditional Use Planned Development; Office
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along Iron Bridge Road
adjacent to this site. The existing animal clinic is served by a private well. County Code
requires that the public water system be used to serve a lot or parcel when an existing
water line is less than 200 feet away from a property line and a building permit
application has been made for a new structure (Section 18-60(c». Until such time as both
of these conditions are met, use of the public water system will not be required.
Public Wastewater System:
There is an existing twelve (12) inch wastewater sub-trunk line that transitions to an eight
(8) inch wastewater collector line and extends approximately 120 feet west of this site.
The existing animal clinic is served by a private septic system.
County Code requires that the public wastewater system be used to serve a lot or parcel
when an existing wastewater line is less than 200 feet away from a property line and a
building permit application has been made for a new structure (Section 18-60(c». Until
such time as both of these conditions are met, use of the public wastewater system will
not be required.
Private Well and Septic:
The Health Department must approve any continued or expanded use of private well and
septic systems.
ENVIRONMENTAL
Drainage and Erosion:
The property is relatively flat and tends to drain north through adjacent property to Arbor
Landing, Section 5 and then via storm sewer systems to Ironbridge Lake. There are no
existing or anticipated, on- or off-site, drainage or erosion problems. Off-site drainage
easements may be necessary to properly tie into the existing drainage easements in Arbor
Landing Subdivision.
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05SN0206-0CT26-BOS
_.~,-~-,-....._~- -
The property is wooded and should not be timbered without first obtaining a land-
disturbance permit from the Environmental Engineering Department (Proffered
Condition 5). This will insure that adequate erosion control measures are in place prior to
any land disturbance.
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1, and Bensley-Bermuda Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This request
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 property (7.3 acres) is currently zoned Agricultural (A) on 1.4 acres and Corporate
Office (0-2) on 5.9 acres, and the applicant is requesting rezoning to Community
Business (C-3). The applicant intends to expand the existing veterinary hospital on part
of the property. Typical traffic generation information is not available for that land use.
Based on shopping center trip rates, development/redevelopment of the entire property
could generate 5,540 average daily trips.
Vehicles generated by this development will be initially distributed along Iron Bridge
Road (Route 10) and Chalkley Road, which had 2005 traffic counts of 26,082 and 4,201
vehicles per day, respectively. The capacity of the four-lane section of Route 10 between
Branders Bridge Road and Lewis Road is acceptable (Level of Service D) for the volume
of traffic it currently carries. The capacity of Chalkley Road is also acceptable (Level of
Service D) for the volume of traffic it currently carries. No public road improvements in
this part of the county are currently included in the Six - Year Improvement Plan; except
for a safety project on Chalkley Road to improve the curve between Gravelneck Drive
and Inge Wood Circle, scheduled for construction in Summer 2006. Preliminary
engineering work has begun on a shoulder improvement project along Chalkley Road
north of Route 10, and is being funded by cash proffers.
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 prepared a plat showing one hundred
(100) feet of right of way measured from the centerline of Route 10, in accordance with
that Plan, exclusive of area for an existing sign on the property. The applicant has
proffered to dedicate right of way along Route 10 as shown on that plat. (Proffered
Conditions 1)
Development must adhere to the Development Standards Manual in the Zoning
Ordinance, relative to access and internal circulation (Division 5). The Thoroughfare
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05SN0206-0CT26- BOS
.'-_.~.-
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Plan identifies Chalkley Road as a collector. Access to major arterials, such as Route 10,
and to collectors, such as Chalkley Road, should be controlled. The applicant has
proffered that direct access from the property to Route 10 will be limited to one (1)
entrance/exit, located towards the western property line (the "Route 10 Access")
(Proffered Condition 2). The Route 10 Access will be limited to right-turns-in and right-
turns-out. Proffered Condition 2 will also limit direct access from the property to
Chalkley Road to one (1) entrance/exit, located at the northern property line (the
"Chalkley Road Access"). The applicant has proffered that an access easement will be
recorded across the property to ensure shared use of the Chalkley Road Access with the
adjacent property to the north. (Proffered Condition 2)
The traffic impact of this development must be addressed. With development of the
existing veterinary hospital, an additional lane of pavement was constructed along the
westbound lanes of Route 10 for part of the property frontage. The applicant has
proffered to: 1) construct an additional lane of pavement along the westbound lanes of
Route 10 for remaining property frontage (identified as Tax ID 779-653-1379); 2)
construct additional pavement along the westbound lanes of Route 10 at the Route 10
Access to provide a separate right turn lane, based on Transportation Department
standards; 3) construct a sidewalk along the north side of Route 10 for the entire property
frontage; 4) reconstruct Chalkley Road to obtain adequate sight distance along Chalkley
Road at the Chalkley Road Access; 5) construct an additional lane of pavement along
Chalkley Road for the entire property frontage; 6) construct additional pavement along
Chalkley Road at the Chalkley Road Access to provide left and right turn lanes, based on
Transportation Department standards; and 7) modify the existing traffic signal at the
Chalkley Road/Route 10 intersection. (Proffered Condition 3)
The developer will need to acquire "off-site" right-of-way for some of the proffered road
improvements along Chalkley Road. According to Proffered Condition 3, if the developer
needs off-site right-of-way and is unable to acquire it, the developer may request the
County to acquire the right-of-way as a public road improvement. All costs associated
with the acquisition will be borne by the developer. If the County chooses not to 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)
The applicant has proffered that a phasing plan will be submitted for the proffered road
improvements (Proffered Condition 4). According to Proffered Condition 4 the approved
phasing plan will require the road improvements along Chalkley Road, including the
improvements at the Chalkley Road/Route 10 intersection to be provided with any
development that includes the Chalkley Road Access. In addition, the approved phasing
plan will require the proffered right turn lane along Route 10 to be provided with any
development that would cause the property's anticipated trip generation to equal or
exceed 3,000 trips per day at the Route 10 Access, in accordance with Transportation
Department standards.
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05SN0206-0CT26-BOS
~~~--~--~,--.
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At time of site plan review, specific recommendations will be provided regarding access
and internal circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan, which suggests the property is
appropriate for community mixed use, including shopping centers, other commercial and
office uses.
Area Development Trends:
The area is characterized by office and commercial uses to the south east and west and by
residential uses on acreage parcels to the north. The Plan anticipates the area to continue to
develop in the manner that it has.
Uses:
Outside runs are permitted as a restricted use in a C- 3 District. The restrictions are the use
must be screened from view of adjacent properties on which the use is not permitted or does
not exist, and from areas zoned A and designated on the Plan for R, A, 0 or I-I uses and
from external public rights-of-way; and no more than ten (10) percent of the gross floor area
of the principal use may be used for the outside runs. If these restrictions cannot be met, the
use may be allowed by Conditional Use. The applicant would like outside runs in an
amount up to fifty (50) percent of the gross floor area of the principal use (Proffered
Condition 6). Given the proximity to residential development and the potential for noise
associated with the outside runs, staff feels it inappropriate to allow the requested amount of
outside runs in this area and that Proffered Condition 6 should not be accepted.
Development Standards:
The request property currently lies within the Emerging Growth Area. The purpose of the
Emerging Growth District Standards is to promote high quality, well-designed projects.
Development of the site 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.
Buffers and Screening:
Adjacent properties to the north are zoned Agricultural (A) and are occupied by single
family residences. The Zoning Ordinance would not require a buffer adjacent to these
properties. In addition, as previously noted any outside runs must be screened from
adjacent properties.
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05SN0206-0CT26- BOS
-.."-~-"-,_. -.. ....._...._.._.~......-._--.--.__._..._".-.- ..--<-... ._.._._----~..--."._-,.._.--_._....,.~
CONCLUSION
The proposed zoning and land uses comply with the Central Area Plan, which suggests the
property is appropriate for community mixed use. In addition, the proposed zoning and land
uses are representative of, and compatible with, existing and anticipated area development.
However, given the proximity to residential development and the potential for noise associated with
the outside runs, staff feels it inappropriate to allow the requested amount of outside runs in this
area.
Given these consideration, approval of the request for rezoning and denial of the Conditional Use
request is recommended. In addition, it is recommended that Proffered Condition 6 not be accepted.
CASE HISTORY
Planning Commission Meeting (4/21/05):
At the request of the applicants, the Commission deferred this case to May 17,2005.
Staff (4/22/05):
The applicants were advised in writing that any significant, new or revised information
should be submitted no later than April 27, 2005, for consideration at the Commission's
May 17,2005, public hearing. Also, the applicants were advised that a $250.00 deferral
fee must be paid prior to the Commission's public hearing.
Applicants and Staff (4/28/05):
A meeting was held to discuss concerns relative to transportation and utilities.
Staff (4/28/05):
To date, no new information has been received, nor has the deferral fee been paid.
Applicants (5/13/05):
The deferral fee was paid.
9
05SN0206-0CT26-BOS
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Planning Commission Meeting (5/17/05):
At the request of the applicants, the Commission deferred this case to July 19,2005.
Staff (5/18/05):
The applicants were advised in writing that any significant, new or revised information
should be submitted no later than May 23, 2005, for consideration at the Commission's
July 19, 2005, public hearing. Also, the applicants were advised that a $130.00 deferral
fee must be paid prior to the Commission's public hearing.
Applicants and Staff (5/23/05):
A meeting was held to discuss possible modifications to the application. It was decided
changes were not needed and the applicants would go forward with the application as
submitted and make changes to the proffered conditions to address transportation
concerns.
Applicants (5/26/05):
The deferral fee was paid.
Applicants (7/12/05):
Revised proffered conditions and a surveyed plat were submitted.
Applicants (7/19/05):
Revised proffered conditions and surveyed plat were submitted.
Planning Commission Meeting (7/19/05):
On their own motion, the Commission deferred this case to August 16,2005.
Staff (7/20/05):
The applicants were advised in writing that any significant new or revised information
should be submitted no later than July 25, 2005, for consideration at the Commission's
August 16, 2005, public hearing.
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05SN0206-0CT26-BOS
~ -. "--'-'-"",",-.~--"_._~
Staff (7/26/05):
To date, no new information has been received.
Planning Commission Meeting (8/16/05):
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present. The applicant
submitted several signatures of support.
On motion of Mr. Wilson, seconded by Mr. Gecker, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 4.
AYES: Messrs. Wilson, Bass, Gecker and Gulley
ABSENT: Mr. Litton
Board of Supervisors' Meeting (9/21/05):
At the request of the applicants, the Board deferred this case to October 26,2005.
Staff (9/22/05):
The applicants were advised that any significant, new or revised information should be
submitted no later than September 27,2005, for consideration at the Board's October 26,
2005, meeting. Also, the applicants were advised that a $230.00 deferral fee must be
paid.
Staff (I 0/3/05):
To date, no new information has been received, nor has the deferral fee been paid.
The Board of Supervisors, on Wednesday, October 26, 2005, beginning at 7:00 p.m., will take
under consideration this request.
11
05SN0206-0CT26-BOS
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