94SN0182
-
-
April 26, 1994 CPC
:May 17, 1994 CPC
J1:lRC 21, 1994 crc
Aug1:lst 16, 1994 CPC
September 28, 1994 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
94SNO 182
(Amended)
Mary Dickinson
Matoaca Magisterial District
North line of Beach Road
REOUEST: (Amended)
Rezoning from Residential (R-25) to Convenience Business (C-1).
PROPOSED LAND USE:
Convenience business uses, as restricted by Proffered Conditions 7, 8 and 9, with
a maximum density of 15,000 gross square feet, are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROV AL AND ACCEPTANCE OF THE PROFFERED CONDmONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The Southern and Western Area Plan suggests that convenience business uses
within planned residential developments are acceptable. Rezoning to C-1 would
be consistent with the Plan.
B. The development standards of the Zoning Ordinance for Convenience Business
(C-l) Districts in Emerging Growth areas address the land use compatibility
issues identified in the Southern and Western Area Plan.
C. The proffered conditions address density of development, transportation concerns
and use restrictions.
(NOTES:
A.
THE ONLY CONDITION THAT MAYBE IMPOSED IS A BUFFER
CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER
CONDITIONS.
B. THE APPLICANT'S PROFFERED CONDITIONS STATE THAT THE
PROFFERED CONDITIONS WILL BE NULL AND VOID IF
CONDITIONS ARE IMPOSED WHICH ARE NOT AGREED TO BY
THE APPLICANT. THEREFORE, SHOULD THE COMMISSION
AND BOARD WISH TO APPROVE THIS REQUEST SUBJECT TO
CONDITIONS, THE COMMISSION AND BOARD MUST RECEIVE
THE APPLICANT'S AGREEMENT TO THE CONDITIONS FOR THE
PROFFERED CONDmONS TO REMAIN IN EFFECT.
C. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDmONS
WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL
CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDmONS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
1.
The density of development shall not exceed 15,000 gross square
feet.
2.
Prior to site plan approval, forty-five (45) feet of right of way on
the north side of Beach Road, measured from the centerline of that
part of Beach Road immediately adjacent to the property shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County.
3.
Prior to site plan approval, thirty-five (35) feet of right of way on
the east side of the north-south collector (Brandy Oaks Boulevard)
measured from the centerline of that part of Brandy Oaks
Boulevard immediately adjacent to the property shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield
County.
4.
Access to Beach Road shall be limited to one (1) entrance/exit
located towards the eastern property line. Access to the Brandy
Oaks Boulevard shall be limited to one (1) entrance/exit located
towards the northern property line. The exact location of these
accesses shall be approved by the Transportation Department.
2
94SN0182/WP/SEPT28H
-
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
-
5.
To provide for an adequate roadway system, the developer shall be
responsible for the following:
a. Construction of additional pavement along Beach Road at
the approved access to provide left and right turn lanes.
b. Relocation of the ditch to provide an adequate shoulder
along the north side of Beach Road for the entire property
frontage.
c. Construction of additional pavement along Brandy Oaks
Boulevard at the approved access to provide left and right
turn lanes. Construction will occur as dictated by the road
and drainage plan approval for Brandy Oaks Boulevard
and/or the transportation phasing plan as outlined in Proffer
6 below.
d. Dedication to and for the benefit of Chesterfield County,
free and unrestricted, any additional right of way (or
easements) required for the improvements identified above.
6.
Prior to site plan approval, a phasing plan for the required road
improvements identified in Proffered Condition 5 shall be
submitted to and approved by the Transportation Department.
7.
Except as qualified herein, uses permitted shall be those uses
permitted by-right and those permitted with restrictions and
accessory uses in the C-1 District except that the following uses
shall not be permitted for a period of eight (8) years from the date
of the rezoning of the Property by the Board of Supervisors:
a. Candy store.
b. Drugstore/pharmacy.
c. Dairy Products store.
d. Grocery store.
e. Hardware store.
f. Variety store.
g. Dwelling units for the owner/operator of the business
located ont he property.
h. Gasoline sales in conjunction with the permitted use
provided that it is not along such streets which terminate in
a residential neighborhood.
3
94SN0182/WP/SEPT28H
1. Book, newspaper or magazine sales, but not including
stationery store, which may be permitted.
J. Video rental and sales store.
(STAFF / CPC)
8.
The following by-right uses are restricted as follows:
a. Banks and savings and loans associations shall not allow an
outdoor public address system; provided, however, the
drive in windows of the bank shall be permitted to use
microphones and speaker systems normally associated with
bank drive-in window operations.
b. Dry cleaning pick up and drop off are permitted, however,
coin-operated dry cleaning, pressing, laundry and
laundromat, are not permitted.
(STAFF/CPC)
9. The following use shall not be permitted: Motor vehicle accessory
store.
(STAFF /CPC)
10. All site plans for any uses on the property will be submitted to the
Planning Commission for review and approval as set forth in Sec.
21.1-276 of the Chesterfield County Zoning Ordinance or any
successor ordinance applicable to site plan review.
GENERAL INFORMATION
Location:
Fronts the north line of Beach Road, west of Carters Way Boulevard. Tax Map 109-8
(1) Part of Parcel 2 (Sheet 29).
Existing Zoning:
R-25
Size:
5.0 acres
Existing Land Use:
Vacant
4
94SN0182/WP/SEPT28H
-
-
Adjacent Zoning & Land Use:
North, East and West - R-25; Vacant
South - A; Vacant
PUBLIC FACILITIES
Utilities:
Public Water System
Use of the public water system is required by Ordinance. Line sizing and looping may
be necessary to satisfy minimum fire flow requirements. Fire flow requirements are
established and coordinated through Fire Administration.
Public Wastewater System and Private Septic System
The public wastewater system is not available to these parcels. However, the request site
lies within the Southern and Western Area Plan. The Ordinance requires connection to
the public wastewater system for any property zoned after the date of adoption.
Therefore, if this request is approved, the use will be required to connect to the public
system unless relief is obtained from the Planning Commission through site plan review.
Relief from the mandatory connection requirement may be granted by the Chesterfield
Planning Commission through site plan review if it is determined that: (1) the use of a
septic system will not adversely affect the ability to extend public sewer to other area
properties; (2) the use of a septic system will not encourage future area development that
is inconsistent with the adopted comprehensive plan; and (3) use of a septic system is not
reasonably likely to adversely affect the public health, safety or welfare in the future.
Environmental:
Drainage and Erosion
Property drains north via tributaries to Swift Creek. There are no existing or anticipated
on- or off-site drainage or erosion problems. It may be necessary to obtain off-site
easements to control runoff.
Fire Service:
Clover Hill Fire Station, Company #7. Provide County water and fire hydrant placement
for fire protection purposes in compliance with nationally recognized standards (i.e.,
National Fire Protection Association and Insurance Services Office).
5
94SN0182/WP/SEPT28H
Transportation:
This request will not limit development to a specific land use. Therefore, it is difficult
to anticipate traffic generation. Based on convenience market and specialty retail trip
rates, development could generate approximately 2,700 average daily trips. These
vehicles will be distributed along Beach Road which had a 1994 traffic count of 1,695
vehicles per day.
The Thoroughfare Plan identifies Beach Road as a major arterial with a recommended
right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five
(45) feet of right of way measured from the centerline of Beach Road in accordance with
that Plan (proffered Condition 2). The Thoroughfare Plan also identifies a north-south
collector (Brandy Oaks Boulevard) with a recommended right-of-way width of seventy
(70) feet extending through the western part of the subject property. The applicant has
proffered to dedicate thirty-five (35) feet of right-of-way measured from the centerline
of Brandy Oaks Boulevard in accordance with that Plan. (Proffered Condition 3)
Development must adhere to the Zoning Ordinance relative to access and internal
circulation (Article 7). Access to major arterials such as Beach Road, and to collectors
such as Brandy Oaks Boulevard should be controlled. The applicant has proffered to
limit access to one (1) entrance/exit on each of these roads (proffered Condition 4).
Access to Beach Road will be located towards the eastern property line, and access to
Brandy Oaks Boulevard shall be located towards the northern property line.
Mitigating road improvements must be provided. The applicant has proffered to: 1)
construct additional pavement along Beach Road to provide left and right turn lanes; 2)
relocate the ditch to provide an adequate shoulder along Beach Road for the entire
property frontage; and 3) construct additional pavement along Brandy Oaks Boulevard
to provide left and right turn lanes (proffered Condition 5). 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 Southern and Western Area Plan, which designates the
property for residential use of 1 to 5 acre lots. The Plan also suggests that convenience
business uses within planned residential developments are acceptable and that such uses
should be planned in conjunction with residential projects in order to insure
compatibility. It also suggested that these centers be located on one (1) corner of an
intersection of two (2) collector streets, or where a collector intersects with an arterial
road. The request site, located at the intersection of Beach Road (a major arterial) and
proposed Brandy Oaks Boulevard (a collector) meets the recommendation of the Plan.
6
94SN0182/WP/SEPT28H
-
Area Development Trends:
The area surrounding the request property is characterized by Agricultural (A) and
Residential (R-25) zoning and land uses. The subject property is part of the Brandy Oaks
Subdivision that has begun to develop to the west. The proposed Convenience Business
(C-l) property lies at the intersection of Beach Road and a proposed north-south collector
(Brandy Oaks Boulevard) through the Brandy Oaks development.
Zoning History:
On December 11, 1991, the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved Residential (R-25) zoning of the subject
property and adjacent property lying between Beach and Hensley Roads (Case
9lSN0220). With approval of Case 91SN0220, proffered conditions were accepted
which address permitted uses, density of development, and impact on capital facilities
and the transportation network. The current request is to rezone a 5.0 acre portion of
the original property to allow convenience business uses.
Site Design:
The request property lies within an Emerging Growth Area. 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. In addition, the requirements of the Zoning Ordinance for
C-l Districts would restrict the size of individual buildings to a maximum of 5,000 gross
square feet. While the "Purpose and Intent" of the C-l District as outlined in the Zoning
Ordinance suggests that C-l sites be limited to a maximum of three (3) acres, the
applicant is seeking rezoning of a total of five (5) acres. The five (5) acres was arrived
at so as to facilitate safe access to the site as far away from the intersection of Beach
Road and Brandy Oaks Boulevard as possible and acceptable to the Transportation
Department. With Proffered Condition 1 which restricts the development to a maximum
of 15,000 gross square feet, the intent of the three (3) acre limitation is achieved.
Architectural Treatment:
The C-l requirements of the Zoning Ordinance would require that any structure have an
architectural style that is compatible with area residential neighborhoods. Such
compatibility could be achieved through the use of similar building massing, materials,
scale or other architectural features.
In addition, within Emerging Growth Areas for C-l Districts, no building exterior which
would be visible to any agricultural or residential district or any public right of way may
consist of architectural materials inferior in quality, appearance, or detail to any other
exterior of the same building. There is, however, nothing to preclude the use of
7
94SN0182/WP/SEPT28H
_.
-
H8l.ld3S/dM/l8 LONS176
8
"lSanfY.}l S!t{l JO ~AOldd-e spUaWWO:Jal
JJ"elS 'a10Jalat{.1 "lUawd01aAap Al!~nb pu-e AlH!GP-edwo~ asn Pu-eI alnSU! 'SUOP!PUO~
palaJJOld at{l t{l!M pa1dnoo 'sasn Pu-e1 pu-e ~U!UOZ paSod01d at{l 'uo!l!Pp-e ul "u-e1d at{l
t{11M lUalS!SUOO aq P1noM 1 -;::> 01 ~u!UOza}I 'sUO!1:JaslalU1 Aa){ l-e pal-e~I pu-e 1uawdolaAap
~pUap!Sal ql!M UOnounrUO~ U! paUu-e1d aq s~sn SSau!Snq ~OUa!UaAUOO 1-eq1 SlSa~~nS t{01t{M
'U-eld -ealV WalSaM. pu-e waqlnos at{l 01 W10JUO~ sasn Pu-e1 pu-e ~U!UOZ paSodOld at{~
:sUo!snpuoJ
"w"d 00:6 pu-e "W"-e 00:9 u~Mlaq 01 oHqnd aql
01 u~o aq ~ sasn SlOOt{ at{l sl~lllsa1 aou-eU!P1Q ~U!UOZ aq~ "saouap1sal -eam P-edW1
AlaslaAp-e 10U Op S~!l!ApO-e ~plawwOo l-el.{l alnsua 01 pal-e1n~al am UO!}-elado JO s.!noH
:UOP-elOOQ JO slnoH
'~l-eU!WHa 10 paonpallaqlIllJ aq u-eo 1aJJnq aql 'asn r-epuap!Sa1-UOU -e
10J pazHpn 10 pauoz S! AlIadold r-e!lUap!Sa11ua~-erp-e 1-eq1 awp l.{ons l-e 'UOP!Pp-e ur "l.JlP1M
lassaI -e u1 paP!AOld aq u-e~ ~U!U~l~S al-enfY.}p-e J! laJJnq S!ql AJ!POW A-ew UO!SS!wwoJ
~U!Uu-eId aq1 'Ma!Aa1 u-e1d a1!S JO aW!l at{l 1V "anS ls~nfY.}l aql JO A:mpunoq Alladold
W~lS-ea pu-e waqllou aql ~uor-e l~JJnq looJ (op) AlIOJ wnw1u!W -e s~11nfY.}1 ~Ou-eU!P10
~U!UOZ at{.1 "(~Z;-ID r-e!lUap!S~a pauoz S! lS-ea pu-e 4ll0u aql 01 All~old lua~-erpV
'samn~-eJ ~U!p-e01un 10 ~U!P-e01 '~u!){md anqowOln-e Alossa~o-e 10J 1d~xa '~U!pnnq
paS01ou~ u-e U!l.{l!M A1~lpU~ papnpuoo aq lsnw '~~lllOlS ~U!pnpU1 's~n 1~ Sl~1llS1a
I-J U!l.{l!M l-eql palOU aq P1nol.{S II "A-eM JO Slq~ll oHqnd WOl] pu-e pa11q!qOld am s-eam
~U!P-eOl a1aqM AlIadOld Au-e W01J paU~lOS am s-eam ~U!P-eOI l-el.{l os palua1l0 S~U!pnnq
pu-e pau~!S~P aq lsnw Sal!S 'Uop!pp-e ul "W"-e 00:9 pu-e 'w'd 00:6 JO slnot{ al.{l u~Mlaq
paO!Alas aq 10U s~sodJnd r-epuap!Sal 10J pasn AlI~Old 10 All~d01d pauoz Alr-ePuap!Sal
Au-e JO l~J 000' 1 U!q11M -eam qons l-el.{l pu-e '~U!PHnq y-ed!~ulld aql Aq sasodlnd r-epuap!Sal
10J pasn ~u1aq All~dOld Au-e 10 AlIadOld pauoz A1r-epuap!Sal Au-e WO.!J pawmdas aq
'alfil-eaJ r-elnl:Janqom 10 S~UPu-eld u~l~laAa ~suap '1r-eM 'aouaJ PHoS -e Aq A-eM JO slq~ll
oHqnd pu-e AlI~Old 1u~o-erp-e JO Ma1A W01J paU~lOS ~q ('ol~ 'slop-edwo~ l.{Sllll 's~
~~-eqm~ 'Sl~lsdwnp "~"1) s-eam a~-e10ls als-eM PHoS 1-eql S~l!nfY.}l ~~u-eU!P10 ~U!UOZ at{.1
:aU!U~l~S 1'fl slaJJng
"~U!pnnq
al.{l JO ll-ed {lU~~lU! u-e s-e paA!a01ad aq 01 pau~!S~P pu-e Ma!A oHqnd W01J paU~l~S
pu-e paPP!qs aq lsnw 'dOl]OOllO 1aAaI-punOl~ laq1aqM 'luawd!nfY.} r-e~!u-eq:JaW 'ymaw
l~qs 10/Pu-e pal-e~nno~ 10 ){oorq ~lal~uoo pa1u!"edun JO paPnllSUO~ aq A-ew 101lalxa
~u!P1!nq ON "A-eM JO 1l.{~1l ~Hqnd Au-e 10 1~1l1S!P r-epuap!Sa1 10 ~lnl1n~ll~-e ~U!U10rp-e
Au-e W01J alq!s1A ~q A-ew ymaw l~qs 10/Pu-e pal-e~nno~ 10 ){oorq alal~uoo pawop-eun
JO palonllsUOO ~u!PHnq -e JO uowod ON "All~Old ~U1U!Orp-e ao-eJ qO!l.{M sap1s uo
Sy-epa1-eW 10paJU! JO asn at{l 'la1n-ellnq 'Slo!l~lxa ~u!P1!nq lU~laJJ1P uo sr-epaww lua1~JJ!p
-
CASE HISTORY
Planning Commission Meeting (4/26/94):
At the request of the applicant, the Commission deferred this request to its May 17,
1994, public hearing.
Applicant (4/28/94):
The applicant submitted a withdrawal for the residential portion of this case and
associated proffered conditions. The deferral fee was paid.
Applicant (5/16/94):
The applicant requested a thirty (30) day deferral and paid the $50.00 deferral fee for the
deferral from May to June.
Planning Commission Meeting (5/17/94):
The Commission acknowledged the withdrawal of the residential portion of this case.
At the request of the applicant, the Commission deferred this case for thirty (30)
days to allow the applicant an opportunity to meet with concerned citizens.
Staff (5/18/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than May 23, 1994, for consideration at the Commission's
June public hearing.
Applicant, Staff, Matoaca District Planning Commissioner and Area Citizens (5/26/94):
A meeting was held to discuss the proposal. Concerns were raised relative to proposed
uses, access and signs.
9
94SN0182/WP/SEPT28H
Applicant (6/21/94):
The applicant requested a thirty (30) day deferral and paid the $50.00 deferral fee.
Planning Commission Meeting (6/21/94):
At the request of the applicant, the Commission deferred this case for sixty (60) days to
allow the applicant an opportunity to meet with concerned citizens.
Staff (6/22/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than June 27, 1994, for consideration at the Commission's
August public hearing.
Applicant, Staff, and Area Citizens (7/6/94):
A meeting was held to discuss the proposal. Concerns were raised relative to proposed
uses, access and site plan approval.
Applicant (7/26/94):
The applicant submitted proposed proffers in an attempt to address citizens' concerns.
Applicant (7/28/94):
The applicant submitted proffered conditions in an attempt to address citizen concerns.
Planning Commission Meeting (8/16/94):
There was no opposition present. The applicant accepted the recommendation.
On motion of Mr. Marsh, seconded by Mr. Easter, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through
4.
AYES: Unanimous.
10
94SNO 18 2/WP /SEPT28H
-
-
The Board of Supervisors on Wednesday, September 28, 1994, beginning at 7:00 p. m., will
take under consideration this request.
1 1
94SN0182/WP/SEPT28H
.........----
--------
-
i I
,I
I'
1
11
01--."-\>-
,'(\~~l& I
Y ,
A
.U'
. .' .......::' /
. / /
94SNOI82(AMENDED)
REZ: R-25 TO C-I
. SHe 29
';t-l t::)
R-25
......
)
.......
.'
!.....
-
-
"
/;-
I
~
N
~
PROPOSED C-I
PROPERTY'
C14'S/"10 182.-1
~
~
,,~~
~
~~ )
\
,
',,-
"-
"-
-...
"
------
d='
3
Q:j
I
{
-"
"
~
'"
~
'"'
-
.-
00>
"
/
(-.- ------Q4'5N,Ot82-2
- '--
--. - , ~ ,
-. aO' \ ..... .....
~ I ..... ......
I I ...........
I I __
I I
. , .. .?
'1 ~\_~
. '. ~"";;;'-- ,
. -V/
' . r
""'" ) )(" . , ", ,f~~\\ )..
t" ". -
' . .
.. .. "'"
.\. >"/
, ,
;..... ;
~ '~r,J
- ~'
, :........... ......4
1 l';-(~, 2.
v l'
I
I
.,
i."
I-
I
/
I ',.
~..
,
,
1
,
~....c,
-"
1
I A /' ... '(f)
1 . ... -<)
1 .
~
I "- ~
... G"
I -]t .... ~
/'
I -" ~
--
~
.
.....-.,-.,
if < ""
13 ,_ _ ...
o
a.
a:
I.&J
r-
..
,-
/'
/'
..
,
'-
~,
'- "
, ,
"
)
.(
"'" l~ I
..,~;:
.:/ . I~ /
I
1
,
./
/ /
.,----
-
-
--
-'-
--
.-.-
-
f - - - PROPOSED C-I SITE
\
: .... I
~~
~. .
"'-.e
~ '
'N
BEACH RD.
(
I
I-
I
\
\
\
\
\
I
I
I
\
I
,--
..'
,
,
" J
,.
I. '..I
", - - - - ... ... ...
- I ... ... ...
I
I
I
I
tI#
..,
../
I
\
\ ---
I
'J :
i(~J ,
I ~LI . ,
COUNTY
UGHFARE
TH0F10
PLAN
4'4SNOf8Z-3