06SN0330
December 13,2006 BS
ADDENDUM
06SN0330
HIM, LLC
and
Cynthia W. and Steve W. Brickell
Dale Magisterial District
Northwest quadrant of Canasta Drive and Iron Bridge Road
REQUEST I: Amendments to previously granted zoning (Cases 74S042, 75S045 and 78S005) to
delete certain buffer requirements on 4.3 acres zoned General Business (C-5).
REQUEST II: Rezoning from Residential (R-7) and Community Business (C-3) to General
Business (C-5) of 1.0 acre.
PROPOSED LAND USE:
A contractor's office and display room is planned on that portion of the request property proposed
to be rezoned to C-5 plus access to the existing contractor's shop and storage yard located on the
portion of the request property already zoned C-5. With the approval of this request, other uses
permitted by right or with restrictions in the Community Business (C-3) District would also be
permitted. (Proffered Condition 1)
(NOTE: SHOULD THE BOARD WISH TO CONSIDER THESE PROFFERS, THEY
MUST UNANIMOUSLY AGREE TO SUSPEND THEIR PROCEDURES, AS SUCH
PROFFERS WERE SUBMITTED AFTER THE CASE APPEARED IN THE
NEWSPAPER.)
The "Request Analysis" incorrectly notes that staff recommends denial of Request I to amend
previously granted zoning to delete certain buffer requirements on the portion of the request
property zoned C-5. Staff recommends approval of Request I because Proffered Condition 2
limits access to Route lOin accordance with current zoning.
On December 13, 2006, the applicant submitted revisions to Proffered Conditions 1 and 2 relative to
uses and access to Canasta Drive. Specifically, Proffered Condition 1 was revised to limit uses
which would be permitted on the portion of the request property proposed for rezoning from
Residential (R-7) and Community Business (C-3) to General Business (C-5). The proffer restricts
Providing a FIRST CHOICE community through excellence in public service
uses to those permitted in the C-3 District, which includes a contractors office and display room,
plus access to the existing contractor's shop and storage yard to the east of the property to be
rezoned.
Proffered Condition 2 relative to access to Canasta Drive has been modified to require the access
to be designed to preclude vehicles with a wheelbase larger than thirty (30) feet (i.e. tractor
trailers) from exiting the property and traveling north on Canasta Drive. This proposed design
would not preclude passenger vehicles or "panel trucks" (i.e. UPS and Federal Express delivery
vehicles) from exiting the property and turning right on Canasta Drive. For the reasons outlined
in the "Request Analysis," the Transportation Department continues to recommend that there be
no access to Canasta Drive for the reasons outlined in the "Request Analysis". Further, the
limitation on those vehicles restricted to left turns only is impossible to enforce.
Staff continues to recommend denial of Request II to rezone the request property from
Residential (R-7) and Community Business (C-3) to General Business (C-5) for the reasons
outlined in the "Request Analysis".
PROFFERED CONDITIONS
1. Permitted Uses on Tax ID's 773-680-6620 and 773-680-7615 shall be limited to:
a. All uses permitted by right or with restrictions in the Community Business
(C-3) District.
b. Access for the contractor's shop and storage yard located on Tax IDs 773-
680-8039 and 773-680-8757. (P)
THE FOLLOWING PROFFERED CONDITION APPLIES TO GPIN 773-680-8757, 773-
680-8039, 773-680-6620 AND 773-680-7615.
2. Direct vehicular access from the property to Route 10 shall be limited to one (1)
entrance/exit, located approximately halfway between Canasta Drive and the
existing crossover to the east. Direct vehicular access from the property to
Canasta Drive shall be limited to one (1) entrance/exit that aligns generally with
Wilmoth Drive. The access to Canasta Drive shall be designed to preclude
vehicles larger than the SU-30 standard from leaving the property and turning
north on Canasta Drive, as approved by the Department of Transportation. (T)
2
06SN0330-DEC13-ADDENDUM-BOS
September 19, 2006 CPC
October 17, 2006 CPC
NO'{/etU,ber 21 , 2.006 B8
December 13, 2006 BS
STAFF'S
REQUEST AN.AL YSIS
AN.D
RECOM.M.ENDA TION
06SN0330
JHM, LLC
and
Cynthia W ~ and Steve- W.. Brickell
Dale Magisterial District
Northwest quadrant of Canasta Drive and Iron Brid.ge Road
REQUEST I: Amendments to previously granted zoning (Cases 748042, 758045 and 788005) to
delete certain buffer requirements on 4~3 acres zoned G.eneral Business (C-5)~
REQUEST II: Rezoning from Residential (R-7) and Community Business (C-3) to General
Business (C.... 5) of 1 ~O acre.
PROPOSED LAND USE:
Expansion of an existing contractor's shop and storage yard is planned on that
portion of the property proposed to be rezoned to C-5~ With the approval of this
request, uses pennitte(l by right or with restrictions in the Community Business (C-
3) District plus contractor's shops and storage yards would also be pennitted..
(Proffered Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPRO.VAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
PROFFERED CONDITIONS ON PAGES 2 AND 3~
STAFF RECOM.MENDA TION
REQUEST I:
Recommend denial of the amendment to the existing zoning for the following reason:
Providing a FIRS]^' CH()ICE community through excellence in public service
Although any expanded or new development of the request property would be subject to the
Zoning Ordinance relative to landscaped setbacks and buffers, the applicants have failed to
address limitations on access to Route lOin accordance with current zoning~
REQUEST II:
Recommend denial of the rezoning for the following reasons:
A~ The proposed zonin"g and land uses do not conform to the Central Area Plan
which suggests the property is appropriate for mixed use conidor uses such as
professional, business and" industrial offices and residential developments of
varying densities~
B. The application fails to address transportation impacts, as discussed herein..
(N"OTE: COND"ITIONS MAY BE IMPOSED AND THE PROPERTY" OWNER(S) MAY
PROFFER OTHER CONDITIONS.. THE CONDITIONS NOTED WITH uSTAFF/C"PCn
WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION~ CONDITION"S WITH
ONLY A nSTAFFu ARE RECOMMENDED SOLELY BY STAFF~ CONDITIONS WITH
ONLY A ncpc" ARE ADDITIONAL C"ON"DITIONS RECOMMENDED BY THE
PLANNING COMMISSION.)
CONDITION
( CPC)
With the approval of this request, Condition 1 of Case 748042, the Condition of
Case 758045 and Condition 1 of Case 788005 are deleted, and Condition 2 of Case
748042 is amended to delete the t\.Venty (20) foot buffer along the western property
boundary of Tax ID 773-680-8039. (P)
(Staff Note: This Condition is applicable to Tax IDs 773-680-8039 and 8757 only~
The twenty (20) foot wide buffers along the rear of the parcels remains in effect)
PROFFERED CONDITIONS
( epe)
1.
Permitted uses on Tax IDs 773-680-6620 and 7615 shall be lim"ited to the
following:
a~ Uses permitted boy right and with restrictions in the Community
Business (C-3) District, and
b~ Contractor's shops and storage yards (P)
THE FOLLOWING PROFFERED CONDITIONS APPLY TO GPIN 773-680-8757, 773-680-
8039, 773-680-662RO AND 773-680-7615.
2
06SN0330~DEC13-BOS
(epe)
( CPC)
(CPC)
Location:
2~
Direct vehicular access" from the property to Route 10 shall be limited to one
(1) entrance/exit, located approximately halfway between Canasta Drive and
the existing crossover to the east Direct vehicular access from the property
to Canasta Drive shall be limited to one (1) entrance/exit that aligns
generally with Wilmoth Drive~ The access to Canasta Drive shall be
d"esigned to preclude vehicles with a gross vehicle weight over 10,000
pounds leaving the property turning north on Canasta Drive, as approved by
the Department ofTransportation~ (T)
3~
Prior to any site plan approval or at the request of the Transportation
Department within 120 days of approval this request, the following right-of-
way shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County:
a~ One hundred (100) feet on the west side of Route 10, measured from"
the centerline of the roadway, immediately adjacent to the property~
b.. Forty-five (45) feet, measured from the centerline of Canasta Drive,
immediately adjacent to the property~ (T)
4~
Prior to the issuance of a certificate of occupancy for any use other than a
contractor's office and associated facilities, an additional lane of pavement
shall be constructed along Route 10 for the entire property frontage. Prior to
the issuance of a certificate of occupancy for any development that is
anticipated to generate more than 3,000 vehicles per day, as determined by
the Transportation Department, a separate right turn land shall be constructed
along Route 10 at the site access.. (T)
GENERAL INFORMATION
Northwest quadrant of Canasta Drive and Iron Bridge Road~ Tax IDs 773~680-6620, 7615,
8039 and 8757 (Sheet 17)..
Existing Zoning:
Size:
R-7, C-3 and C"-5
5~3 acres
Existing Land Use:
Commercial and vacant
3
06SN0330-DEC13-BOS
Adjacent Zoning and Land Use:
North and West - R - 7; Single family residential or vacant
South - A and C-3; Single family residential or vacant
East - C.-5; Commercial
.UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along Iron Bridge Road, adjacent
to this site~ Use of the public water system is required by County Code~ The existing
structures on this site are connected to the public water system.
Public Wastewater System:
There is an. existing eight (8) inch wastewater collector line extending along Iron Bridge
Road, adjacent to this site.. Use of the public wastewater system is required by County
Code~ The existing structures on this site are connected to the public wastewater system.
ENVIRONMENT AL
This request will have a minimal impact on these facilities~
PU.BLIC FACILITIES
Fire Service:
The Dale Fire Station, C.ompany #11, currently provides fire protection and emergency
medical service. This request will have a minimal impact fire and EMS~
Transportation:
The Transportation Department recommends denial of the rezoning (Request II) for the
following reasons:
. the applicants are not willing to preclude access to Canasta Drive, a major
arterial on the county's Thoroughfare Plan., and
. Proffered Condition 2, as amended~ is not enforceable.
Canasta Drive and Route 10 are classified as major arterials on the county's
Thoroughfare Plan with recommended right-of-way widths of ninety (90) and 120 to 200
feet, respectively. The applicants should proffer to dedicate right-of-way along both
these roads in accordance with that Plan~ The applicants have proffered to dedicate right-
of-way in accordance with the Plana (Proffered Condition 3)
4
06SN0330-DEC13-BOS
Access to major arterials should be controlled. The applicants have proffered that direct
vehicular access from the property to Route 1 0 will be limited to one (1) entrance/exit
located approximately halfway between Canasta Drive and the existing crossover to the
east (Proffered Condition 2)a The property has approximately 150 feet of frontage along
Canasta Drive, which would not allow for adequate access separation from the Route 10
intersectiona Accesses in the operational area of an intersection can degrade the level of
service and increase the rate of accidents at the intersection. Vehicular access to Canasta
Drive should be precluded entirely" Proffered Condition 2 permits one (1) access to
Canasta Drive that will preclude vehicles that weigh in excess of 10,000 pounds from
exiting the property and traveling north on Canasta Drivea This proffered condition
should not be accepted because it allows direct access to Canasta Drive and it is not
enforceable~ The county will not be able to monitor the weight of vehicles exiting the
property ~
Without commitments to preclude access to, Canasta Drive, the Transportation
Department cannot support this request..
LAN.D US.E
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for mixed use corridor use such as professional, business and industrial
offices and integrated supporting uses and residential uses of varying densities~
Area Development Trends:
Properties to the north and west are zoned Residential (R-7) and are occupied by single
family residential use within Ampthill Gardens Subdivision and on acreage parcels or are
vacant Properties to the south and east are zoned Community Business (C~3), General
B.usiness (C-5) and Agricultural (A) and are occupied by commercial use, single family
residential use o.n acreage parcels or are vacant While the Plan anticipates that a mixture of
office and residential uses will develop along Iron Bridge Road in this area and residential
use will continue to th.e north and west, it should be acknowledged that past zoning actions
predating the Plan have occurred and are contrary to the adopted Plan~ Detennination of the
appropriate land uses should be based upon these past actions coupled with the goals and
policies of the adopted Plan not solely by the land use designation on the adopted map~
Zoning History:
On June 12, 1974, the Board of Supervisors, upon a favorable recommendation by the
.Planning Commission, approved rezoning of a portion of the req.uest property from
Residential (R-7) to General Business (B-3) (Case 745042) subject to two (2) conditions
establishing buffers along Iron Bridge Road and other property boundaries.
5
06SN0330-I)EC13-BOS
On April 23, 1975, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved an amendment to pennit parking within a buffer area
adjacent to Iron Bridge Road (Case 758045) subject to two (2) conditions relative to buffers
along Iron Bridge Road.
On March 22, 1978~ the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of a portion of the request property from
Residential (R-7) to General. Business (B-3) (Case 788005) subject to conditions
establishing buffers along Iron Bridge Road and other property boundaries and deleting
buffers bet\veen that property and the property subject to the 1974 zoning~ The resulting
required buffers are depicted on the attached map.
Req'uest I: Buffers. and Setbacks
Except for the twenty (20) foot buffers required along the rear of the portion of the
subject property zoned C-5, the applicants are seeking to delete the buffer
requirements on that portion of the property zoned C-5~ Deletion of these buffers
which were imposed as a part of the 1970's zoning will result in. buffers and
setbacks. along these property lines as required by the Zoning Ordinance~ While the
Zoning Ordinance now addresses buffers and landscape setbacks, the current
requirements also limit access to Route 10, as discussed in the "Transportation
S.ection" of this Analysis~ If the applicants would address the transportation
concerns relative to limiting access to Route 10, it would be appropriate to delete the
buffer requirements~
.Request II: Rezoning to C...5
The second portion of this application proposes to rezone 1 ~O acres to the west of the
existing contractor's office and storage yard to C..5.. The rezoning is intended to
accommodate expansion of the contractor's shop and storage yard~ As noted, the
Central Area Plan suggests that the area be developed for primarily office and
residential uses~ The Plan suggests that commercial uses be confined to those
properties located in nodes at the intersection of major east/west and north/south
arterials. In consideration of the existing zoning on adjacent properties and the goals
of the Plan to discourage linear, strip commercial development along the Route 10
corridor, staff advised the applicants that an application which would limit uses to
offices plus contractor's offices (a C-3 use) would be supportable~ The applicants,
ho.wever, were unwilling to limit the uses accordingly.
Development Standards:
C.urrently, the property lies within an Emerging Growth District Area~ The purpose of
the Emerging Growth District Standards is to promote high quality, well-designed
projects.. The Zoning Ordinance specifically addresses access, lands.caping, setbacks,
parking, signs, buffers, utilities and screenin.g for developments within these areas. Any
expanded or new d.evelopment on the property must comply with these requirements.
6
06SN0330-DEC13~BOS
CONCLUSION
First, the applicants request approval of amendments to rezoning (Cases 74S042, 75S045 and
78S005) to delete certain buffer and setbacks requirements on the portion of the request property
zoned General Business (C-5) as discussed herein. With deletion of these requirements, any
expanded or new development would necessitate compliance with the Zoning Ordinance~ There
would not, however, be a limitation on access to Route 10, as per existing conditions of zoning.
Given these considerations, staff could support approval of Request I to delete buffer requirements
as requested of Cases 748042, 758045 and 788005, if the applicants would address access
limitations~
In addition, the applicants request rezoning from Residential (R-7) and Community Business (C-
3) to General Business (C-5) ofa 1..0 acre portion of the request property* This proposed zoning
and. land use which would p.ennit Community Business (C-3) uses plus contractor's shops and
storage yards does not conform to the Central Area Pl(ffi which suggests the property is
appropriate for mixed use. corridor uses such as professional, business and industrial offices and
residential developments of varying densities. Further, the proposed zoning and land uses are
not representativ.e of and co.mpatible with existing and anticipated area development The
application also fails to address transportation concems~ Therefore, staff recommends denial of
Request II to rezone the portion of the request property to General .Business (C-5)~ Should the
uses on this portion of the request property be limited to contractor's office use and other office
uses, the request would meet the spirit and intent of the Central Area Plan, as discussed herein.
CASE HISTORY
Planning Commission Meeting (9/19/06):
On their own motion, the Commission deferred this case to their October 17, 2006,
hearing~
Staff (9/20/06):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than September 25, 2006, for consideration at the
Commission's October 17, 2006, hearing.
Staff (9/28/06):
To date, no new or revised information has been received~
06SN0330-DEC13-I~OS
Applicant (10/5/06):
Additional proffered conditions were submitted~
Planning Commission Meeting (10/17/06):
The applicant did not accept staffs recommendation, but did accept the Planning
Commission' s recommendation~
Th.cre was opposition present expressing concerns regarding the traffic impact of the
proposed Canasta Drive access an.d the impact of the zoning on area property values~
The applicant agreed to amend the proffers to include right of way dedication on Canasta
Drive~
Mr~ Litton indicated that in his opinion, the proposal would minimize the amount of truck
traffic through the neighborhood~
On motion of Mr. Litton, seconded by Mr~ Bass, the Commission recommended approval
subject to the conditions and acceptance of the proffered conditions on pages 2 and 3 ~
AYES: M.essrs~ Wilson, Gecker, Bass, Gulley and Litton~
Board of Supervisors' Meeting (11/21/06):
On their own motion, the Board deferred this case to December 13, 2006..
Staff(11/22/06):
The. applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 29, 2006, for consideration at the Board's
December public hearing~
Staff (1 1/29/06):
To date, no new information has been submitted~
The Board of Supervisors, on Wednesday, December 13, 2006, beginning at 7:00 p.m~, will take
under consideration this request
8
06SN0330-DEC13-BOS
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