06SN0162
January 17, 2006 CPC
.L\pril 18, 2006 CPC
~fay 16, 2006 CPC
June 28, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SNO 162
Yi Nan Chou
and
Wan Fen Chou
Bermuda Magisterial District
11860 Iron Bridge Road
REQUEST: Rezoning from Agricultural (A) to Community Business (C-3).
PROPOSED LAND USE:
Office and restaurant uses, as restricted by Proffered Condition 5, are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land uses do not conform to the Central Area Plan
which suggests the property is appropriate for mixed use corridor uses.
B. The proposed zoning and land uses are not representative of, and compatible with,
anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE 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
Providing a FIRST CHOICE community through excellence in public service
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County proffers that the
development of the property known as Chesterfield County Tax ID 776-653-9843-00000, (the
"Property") under consideration will be developed according to the following conditions. In the
event the request is denied or approved with conditions not agreed to by the Owner-Applicant,
these proffers and conditions shall be immediately null and void and of no further force or effect.
In conjunction with this Rezoning application, the Applicant hereby makes the following
proffers:
(CPC)
(CPC)
(CPC)
(CPC)
4.
1.
Access. With the exception of a private driveway that serves the existing
residence, direct vehicular access from the property to Route 1 0 shall be
limited to one (1) entrance/exit. The exact location of this entrance/exit
shall be approved by the Transportation Department. Prior to the issuance
of a certificate of occupancy for any development or redevelopment on the
property, as determined by the Transportation Department, the private
driveway shall be removed. (T)
2.
Transportation. To provide an adequate roadway system, the developer shall
be responsible for the following improvements:
a. Prior to any site plan approval or within sixty (60) days of approval
of this request, whichever occurs first, 100 feet of right-of-way on
the south side of Route 10 measured from the centerline of the road
immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County
b. Prior to the issuance of a certificate of occupancy for any
development or redevelopment on the property, as determined by
the Transportation Department, an additional eastbound lane shall
be constructed along Route 10 for the entire property frontage. (T)
3.
Timbering. Except for the timbering 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)
Utilities. The public water and wastewater systems shall be used. The
Owner-Applicant shall connect to the Piney Branch pump station when
connection is available. The Owner-Applicant may continue to use the
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06SN0162-]UNE28- BOS
(Proffered Condition 3). This will ensure adequate erosion control measures are in place
prior to any land disturbance.
PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1, and Medic 15 currently provide fire
protection and emergency medical service (EMS). This request will not impact fire and
EMS.
Transportation:
The property is 2.7 acres located on the south side of Iron Bridge Road (Route 10)
between Edenshire Road and Branders Creek Drive. The applicants are requesting
rezoning of the property from Agricultural (A) 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 trip rates for a shopping center, development
could generate approximately 2,900 average daily trips. Traffic generated by this
development will initially be distributed along Route 10, which had a 2003 traffic volume
of 33,345 vehicles per day between Lewis and Branders Bridge Roads. Based on the
volume of traffic it carried during peak hours, Route lOin this area was functioning at an
acceptable level (Level of Service D).
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right
of way width of 120 to 200 feet. The applicants have proffered to dedicate 100 feet of
right of way on the south side of Route 10 measured from the centerline of the road
adjacent to the property in accordance with the Plan~ (Proffered Condition 2a)
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 1 0, should be controlled. The applicants have proffered that
except for the driveway serving the existing residence, direct access from the property to
Route 1 0 will be limited to one entrance/exit (Proffered Condition 1). The existing
driveway would be removed prior to issuance of a certificate of occupancy for any
development on the property.
The traffic impact of this development must be addressed. The applicants have proffered
to construct an additional lane of pavement along Route 10 for the entire property
frontage~ (Proffered Condition 2b)
At time of site plan review, specific recommendations will be made regarding internal
circulation.
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06SN0162-]UNE28-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for mixed use corridor uses, such as professional, business, industrial and
administrative offices.
Area Development Trends:
The area is characterized by residential uses on acreage parcels and office and commercial
uses to the east along the Route 10 corridor. The Plan anticipates this development pattern
continuing, with the request property serving as a transition between commercial
development to the east and increased residential development to the west. It should be
noted, an application has been submitted to rezone adjacent property to the south, east and
west to 0-2, R-TH and C-3, respectively. This adjacent case is currently scheduled for
public hearing at the March Planning Commission meeting.
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. If this request is
approved, these development standards would apply.
Architectural Standards:
In addition to Emerging Growth District Standards, proffers address architectural
compatibility with future development to the south and east. (Proffered Condition 6)
Uses:
At the request of the Bermuda District Commissioner, the applicant has agreed to limit uses
to those permitted in the Corporate Office (0-2) District plus restaurant use. This would not
include fast food or carryout restaurants. (Proffered Condition 5)
Sidewalks:
At the request of the Bermuda District Commissioner, a sidewalk will be provided along
Iron Bridge Road. (Proffered Condition 7)
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06SN0162-]UNE28-BOS
CONCLUSION
The proposed zoning and land uses do not conform to the Central Area Plan which suggests the
property is appropriate for mixed uses to include residential and office uses. The proposed
zoning and land uses are not representative of, and compatible with, anticipated area
development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/17/06):
At the request of the applicants the Commission deferred this case to April 18, 2006.
Staff (1/19/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 13, 2006, for consideration at the
Commission's April 18, 2006, public hearing. Also, the applicant was advised that a
$130.00 deferral fee must be paid prior to the Commission's public hearing.
Applicant (3/15/06):
An additional proffered condition was submitted. In addition, the applicant paid the
$130.00 deferral fee.
Applicant (4/6/06):
A revised proffered condition was submitted.
Planning Commission Meeting (4/18/06):
On their own motion, the Commission deferred this case to May 16, 2006.
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06SN0162-]UNE28-BOS
Staff (4/19/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 24, 2006, for consideration at the Commission's
May 16, 2006, public hearing.
Staff (4/24/06):
To date, no new information has been received.
Applicant (5/12/06):
Revised and additional proffered conditions were received.
Planning Commission Meeting (5/16/06):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Mr. Wilson indicated the use restrictions were not a major deviation from the Plan
recommendation and that restaurant use would serve the community.
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, June 28, 2006, beginning at 7:00 p.m., will take under
consideration this request.
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06SN0162-]UNE28-BOS
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