06SN0330
6)
September 19, 2006 CPC
Oeteber 17, 2006 CPC
}J evember 21, 2006 BS
December 13, 2006 BS
January 24, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN0330
JHM, LLC
and
Cynthia W. and Steve W. Brickell
Dale Magisterial District
Northwest quadrant of Canasta Drive and Iron Bridge Road
REOUEST 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 property
proposed to be rezoned to C-5. In. addition, it is the intent to construct an access
across the property to be rezoned to serve the contractors shop and storage yard to
the east. 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)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
PROFFERED CONDITIONS ON PAGES 2 AND 3 NOTED WITH "cpe".
STAFF RECOMMENDATION
REOUEST I:
Recommend approval of the amendment to the existing zoning for the following reason:
Providing a FIRST CHOICE community through excellence in public service
Any expanded or new development of the request property would be subject to the Zoning
Ordinance relative to landscaped setbacks and buffers.
REOUEST II:
Recommend denial of the rezoning 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 such as
professional, business and industrial offices and residential developments of
varying densities.
B. The application fails to address transportation impacts, as discussed herein.
(NOTE: BUFFER CONDJTIONS MAY BE IMPOSED AND 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 A
"CPC" ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.
CONDlTIONS WITH "NEW" ARE REVISIONS SUBMITTED SINCE THE COMMISSION'S
CONSIDERATION OF THE REQUEST.)
CONDITION
(ST AFF/CPC)
With the approval of this request, Condition 1 of Case 745042, the
Condition of Case 75S045 and Condition 1 of Case 78S005 are deleted, and
Condition 2 of Case 745042 is amended to delete the twenty (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
(STAFF NOTE: PROFFERED CONDITIONS 1 AND 2 HAVE BEEN MODIFIED SINCE THE
COMMISSION'S CONSIDERATION OF THIS CASE. SHOULD THE BOARD WISH TO
APPROVE THE CASE, STAFF RECOMMENDS ACCEPTANCE OF THE MODIFIED
PROFFER SINCE THEY ARE MORE RESTRlCTIVE THAN THOSE CONSIDERED BY THE
COMMISSION.)
(CPC)
1.
Pennitted uses on Tax IDs 773-680-6620 and 7615 shall be limited to the
following:
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06SN0330-)AN 24- BOS
(NEW)
a. Uses permitted by right and with restrictions in the Community
Business (C-3) District, and
b. Contractor's shops and storage yards (P)
1.
Permitted Uses on Tax ill's 773-680-6620 and 773-680-7615 shall be
limited to:
a. All uses pennitted 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 CONDITIONS APPLY TO GPIN 773-680-8757, 773-680-
8039,773-680-662- AND 773-680-7615.
(CPC)
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 with a gross vehicle weight over 10,000
pounds leaving the property turning north on Canasta Drive, as approved by
the Department of Transportation. (T)
THE FOLLOWING PROFFERED CONDITIONS APPLY TO GPIN 773-680-8757, 773-
680-8039,773-680-6620 AND 773-680-7615
(NEW)
(CPC)
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 discourage vehicles exiting the property from making a right
turn onto Canasta Drive and signage shall be posted stating that no right turn
is allowed at the exit onto Canasta Drive, as approved by the Department of
Transportation. (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 (1 00) feet on the west side of Route 10, measured from
the centerline of the roadway, immediately adjacent to the property.
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06SN 0330-J AN 24- BOS
b. Forty-five (45) feet, measured from the centerline of Canasta Drive,
immediately adjacent to the property. (T)
(CPC)
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 ] 0 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 lane shall be constructed
along Route 10 at the site access. (T)
GENERAL INFORMA TJON
Location:
Northwest quadrant of Canasta Drive and Iron Bridge Road. Tax IDs 773-680-6620, 7615,
8039 and 8757 (Sheet 17).
Existing Zoning:
R-7, C-3 and C-5
Size:
5.3 acres
Existinl! Land Use:
Commercial and vacant
Adiacent Zoninl! 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 (] 6) 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.
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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.
ENVIRONMENTAL
This request will have a minimal impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Dale Fire Station, Company #11, currently provides fire protection and emergency
medical service. This request will have a minimal impact fire and EMS.
Transoortation:
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 Thoroulilifare Plan, and
. Proffered Condition 2, as amended, is difficult to enforce.
Canasta Drive and Route 10 are classified as major arterials on the County's
Thoroutilifare 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 Plan. (Proffered Condition 3)
Access to major arterials should be controlled. The applicants have proffered that direct
vehicular access from the property to Route 10 will be limited to one (1) entrance/exit
located approximately halfway between Canasta Drive and the existing crossover to the
east (Proffered Condition 2). The property has approximately 150 feet of frontage along
Canasta Drive, which would not allow for adequate access separation from the Route 10
intersection. 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 as recommended by the
Planning Commission would permit one (I) access to Canasta Drive, but preclude
vehicles that weigh in excess of ] 0,000 pounds from exiting the property and traveling
north on Canasta Drive. Staff did not support that proffered condition because it allowed
direct access to Canasta Drive and the County would not be able to monitor the weight of
vehicles exiting the property.
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06SN 0330-) AN 24- BOS
Following the Planning Commission action and meeting with the Dale District
Supervisor, the applicant agreed to modify the proffer ("New" Proffered Condition 2) to
prohibit right turn movements by any vehicles from the property onto Canasta Drive.
Staff continues to recommend that there be no access to Canasta Drive' however the
amended proffer with respect to right turn movements is preferable to the proffer
recommended by the Planning Commission since enforcement, while still difficult, will
be simplified.
Without commitments to preclude access to Canasta Drive, the Transportation
Department cannot support this request.
LAND USE
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
Business (C-5) and Agricultural (A) and are occupied by commercial use, single family
residential use on 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 the 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.
Zoninl! History:
On June 12, 1974, 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 745042) subject to two (2) conditions
establishing buffers along Iron Bridge Road and other property boundaries.
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 755045) 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
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06SN0330-]AN24-BOS
Residential (R-7) to General Business (B.3) (Case 78S005) subject to conditions
establishing buffers along Iron Bridge Road and other property boundaries and deleting
buffers between that property and the property subject to the 1974 zoning. The resulting
required buffers are depicted on the attached map.
Reauest 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.
Request II: Rezoning to C-5
The second portion of this application proposes to rezone 1.0 acres to the west of the
existing contractor's office and storage yard to C-5. The rezoning is intended to
accommodate a contractor's office and display room as well as an access to the existing
contractor's shop and storage yard ("NEW" Proffered Condition I). TIris proffer has been
modified since the Commission's consideration of this request and following discussions
with the Dale District Supervisor. The proffered condition, as recommended by the
Planning Commission ("CPC" Proffered Condition 1), would have allowed intense
contractor uses such as storage yards. Should the Board wish to approve this request, the
revised Proffered Condition ("NEW" Proffered Condition 1) should be accepted since it is
more restrictive than that suggested by the Planning Commission.
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 ] 0 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, however, were unwilling to limit the uses
accordingly.
Development Standards:
Currently, 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, landscaping, setbacks,
parking, signs, buffers, utilities and screening for developments within these areas. Any
expanded or new development on the property must comply with these requirements.
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06SN0330-]AN24-BOS
CONCLUSION
First, the applicants request approval of amendments to rezoning (Cases 74S042, 758045 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. Given
these considerations, staff supports approval of Request I to delete buffer requirements, as requested
of Cases 748042, 75S045 and 78S005.
In addition, the applicants request rezoning from Residential (R-7) and Community Business (C.
3) to General Business (C-5) of a 1.0 acre portion of the request property. This proposed zoning
and land use which would permit Community Business (C-3) uses plus contractor's office and
display rooms do not conform to the Central Area Plan 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 representative of, and compatible with, existing and anticipated area development. The
application also fails to address transportation concerns. 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.
Should, however, the Board wish to approve this request, staff supports the revised proffered
conditions, 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.
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06SN0330-]AN24-BOS
Applicant (10/5/06):
Additional proffered conditions were submitted.
Planning Commission Meeting (10/17/06):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation.
There was opposition present expressing concerns regarding the traffic impact of the
proposed Canasta Drive access and 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 ofMr. 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: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
Board of Supervisors' Meeting (11/21/06):
On their own motion, the Board deferred thi s case to December 13, 2006.
Staff (1 1122/06):
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 (11/29/06):
To date, no new information has been submitted.
Applicant (12/13/06):
Revised proffered conditions were submitted.
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06SN 0330-J AN 24- BOS
Board of Supervisors' Meeting (12/13/06):
On their own motion, the Board deferred this request to January 24,2007.
Staff (12/14/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 18, 2006, for consideration at the Board's
public hearing.
Applicant (1/11107):
Revised proffered conditions were submitted.
The Board of Supervisors, on Wednesday, January 24, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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06SN 0330-]AN 24- BOS
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