07SN0135
6)
December 14, 2006 cpe
January 24, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0135
Five Forks Corporation
Matoaca Magisterial District
South line of Hull Street Road
REQUEST: Rezoning from Agricultural (A) to Community Business (C-3).
PROPOSED LAND USE:
Commercial uses, as restricted by Proffered Condition 1, 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 Upper Swift Creek Plan
which suggests the property is appropriate for conservation: passive recreation
and mixed use corridor uses.
B. The proposed zoning and land uses are not representative of and compatible with
existing and 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/Cpe" WERE AGREED UPON BY BOTH STAFF AND THE
COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY
Providing a rIRST CI IOICE conununity through excellence in public ~ervice
BY STAFF. CONDITIONS WITH ONLY A "cpe" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(CPC) 1. Uses.
(CPC) 2.
(CPC) 3.
(epc) 4.
(CPC) 5.
A. Those uses permitted by right or with restnctlOns in the Community
Business (C-3) District provided that the following uses shall be restricted
as follows:
1. Cocktail lounges and nightclubs provided that they are secondary
to a restaurant.
2. Restaurant, fast food provided that it shall be limited to one.
3. Motor Vehicle washes provided that it is in conjunction with a
convenience store.
B. The following uses shall not be permitted
1 . Home centers.
2. Hospitals.
3. Indoor flea markets.
4. Repair services, excluding motor vehicle repair.
5. Secondhand and consignment stores, excluding motor vehicle
consignment lots.
6. Taxidermies. (P)
Public water and wastewater shall be used. (U)
Prior to the issuance of the building permit for this site, the developer shall make
payment to Chesterfield County in the amount of $200.00 per acre (not to exceed
$2,230.00 based upon the total acreage in the property) as a contribution towards
the expansion of the Dry Creek Wastewater Pump Station. (U)
Except for 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 installed. (EE)
Direct vehicular access from the property to Hull Street Road (Route 360) shall be
limited to one (1) entrance/exit. This access shall align with the existing crossover
on Route 360, generally located midway on the property frontage, and shall
restrict vehicles exiting the property from traveling west on Route 360. The exact
location and design of this access shall be approved by the Transportation
Department. (T)
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07SN0135-JAN24-BOS
(CPC) 6.
(CPC) 7.
(CPC) 8.
(cpe) 9.
(CPC) 10.
Location:
Existing Zoning:
Prior to site plan approval or within sixty (60) days from a written request by the
Transportation Department, whichever occurs first, one hundred (100) feet of
right-of-way along the south side of Route 360, measured from the centerline of
that part of Route 360 immediately adjacent to the property, shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield County. (T)
To provide an adequate roadway system, the developer shall be responsible for
the following improvements:
A. Construction of an additional lane of pavement along the eastbound lanes
of Route 360 for the entire property frontage, except for pavement
widening across the existing bridge located towards the eastern property
line. The exact length of this improvement shall be approved by the
Transportation Department;
B. Construction of additional pavement along the westbound lanes of Route
360 at the existing crossover to provide an adequate left turn lane. The
exact length of this improvement shall be approved by the Transportation
Department;
C. Construction of additional pavement along the eastbound lanes of Route
360 at the approved access to provide a right turn lane, based on
Transportation Department standards;
D. Dedication to and for the benefit of Chesterfield County, free and
unrestricted, of any additional right-of-way (or easements) required for the
improvements identified above. (T)
Prior to any site plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 7 shall be submitted to and
approved by the Transportation Department. (T)
The 0.22 phosphorus runoff standard shall be achieved on site through BMP's or
other measures. (EE)
Anionic PAM shall be used on all disturbed areas during construction on the site.
(EE)
GENERAL INFORMATION
South line of Hull Street Road across from Woodlake Village Parkway. Tax ID 719-670-
5788 (Sheet 15).
A
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07SNO 135-JAN 24- BOS
Size:
22.3 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - A, C-2 with Conditional Use Planned Development and C-5; Commercial or vacant
South - C-2 with Conditional Use Planned Development; Public/semi-public (wastewater
pump station) or vacant
East - R-7 and I-I, with Conditional Use Planned Development; Vacant
West - A and A with Conditional Use; Vacant
UTILITIES
Public Water System:
A twenty-four (24) inch water line extends along the north side of Hull Street Road,
opposite this site. Plans have been approved for extending a twelve (12) inch water line
across Hull Street Road, to serve the proposed New Hope Lutheran Church, approximately
370 feet west of this site. Future plans call for extending a twelve (12) inch water line along
the south side of Hull Street Road. Extension of this twelve (12) inch water line will be
required for serving the request site. Use of the public water system is recommended by the
Upper Swift Creek Land Use Plan. Use of the public water system is intended. (Proffered
Condition 2)
Public Wastewater System:
This site is within the drainage/service area of the Dry Creek Wastewater Pump Station.
The Dry Creek Pump Station is adjacent to the southwestern boundary of this site and a
twenty-four (24) inch wastewater trunk line extends from the pump station, along Dry
Creek, adjacent to this site. Use of the public wastewater system is recommended by the
Upper Swift Creek Plan. Use of the public wastewater system is intended. (Proffered
Condition 2)
The capacity of the Dry Creek wastewater pump Station is limited. To insure the
availability of funds to upgrade the pump station, the Utilities Department has sought and
obtained a $200.00 per acre fee from developments within the Dry Creek Basin. The
applicant has proffered to contribute an amount 0[$200.00 per acre, not to exceed $2,230.00
based upon the total acreage in the property, as a contribution toward the expansion of the
Dry Creek Wastewater Pump Station. (Proffered Condition 3)
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07SN 0 135-J AN 24- BOS
ENVIRONMENT AL
Drainage and Erosion:
The property drains to the south and east, directly into Swift Creek Reservoir or into Dry
Creek. There are no existing or anticipated 00- or off-site drainage or erosion problems.
The property is mostly wooded and should not be timbered without obtaining a land
disturbance pennit from the Department of Environmental Engineering (Proffered
Condition 4). This will ensure proper erosion control devices are in place prior to any land
disturbance.
Due to the location of the property, adjacent to the reservoir, the applicant has proffered
Anionic PAM will be used during the construction of the site to reduce erosion and
sedimentation problems. (Proffered Condition 10)
Water Qualitv:
Both the reservoir and Dry Creek are considered perennial streams and are subject to a 100-
foot conservation area inside of which uses are very limited. The property is located in the
Upper Swift Creek Reservoir Watershed and, as such, currently must comply with the
Upper Swift Creek Ordinance by paying into the pro rata fee for regional BMP (Best
Management Practice) construction. In the past, staff has accepted a modified condition
based on either downstream construction of a regional BMP or obtaining a permit for the
regional program. Due to the inability to obtain a regional program permit for in-line
facilities, the regional BMP program is being modified and new ordinances are in the public
hearing process to change to source control rather than a regional concept. To address water
quality concerns, the applicant has agreed to comply with the 0.22 pounds per acre per year
phosphorous runoff on-site. This site was modeled for a 0.45 phosphorous runoff. (Proffered
Condition 9)
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station, Company Number 7 and Manchester Volunteer Rescue Squad
currently provide fire protection and emergency medical service. This request will have a
minimal impact fire and EMS.
Transoortation:
The property (22.3 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Community Business (C-3). This request will not limit
development to a specific land use; therefore, it is difficult to anticipate traffic generation.
A resource protection area (RP A) covers a large part of the property. Based on shopping
center trip rates. development could generate approximately 8,490 average daily trips.
These vehicles will be distributed along Hull Street Road (Route 360), which had a 2003
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07SN0135-]AN24-BOS
traffic count of 20,451 vehicles per day. The capacity of the four-lane section of Route
360 between Skinquarter Road and Woodlake Village Parkway is acceptable (Level of
Service B) for the volume of traffic it currently carries.
The Thoroughfare Plan identifies Route 360 as a major arterial with a recommended right
of way width of 120 to 200 feet. The applicant has proffered to dedicate one hundred
(100) feet of right of way measured from the centerline of Route 360, in accordance with
that Plan. (Proffered Condition 6)
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 360, should be controlled. The applicant has proffered that direct
vehicular access from the property to Route 360 will be limited to one (1) entrance/exit,
and that this access will restrict vehicles exiting the site from traveling west on Route 360
(Proffered Conditions 5). This access will align the existing crossover on Route 360,
located approximately midway of the property frontage. With development of the
shopping center on the north side of Route 360, the crossover was modified to restrict
vehicles from exiting that shopping center from traveling east on Route 360. In order to
restrict vehicles from traveling west out of the subject property, the developer may need
to construct additional modifications to the crossover and/or provide a large trumpet-
shaped raised median in the site access. This access restriction is intended to avoid the
warrants for a traffic signal at this Route 360 crossover.
The traffic impact of this development must be addressed. The applicant has proffered to
construct the customary road improvements, such as an additional lane of pavement
along Route 360 for the entire property frontage, exclusive of widening across the
existing bridge structure; a right turn lane along Route 360 at the approved access, based
on Transportation Department standards; and an adequate left turn lane along Route 360
at the existing crossover (Proffered Condition 7). This proffer would require the
developer to provide the right turn lane, when traffic generated by development of the
property is anticipated to exceed 3,000 average daily trips. It is anticipated that all of
these proffered improvements will be needed with initial development of the property.
At time of site plan review, specific recommendations will be provided regarding access,
internal site circulation and any phasing of the proffered road improvements.
LAND USE
ComDrehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for conservation: passive recreation and mixed use corridor uses.
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07SN0135-]AN24-BOS
Area Development Trends:
The area is characterized by commercially zoned and developed property to the north.
Other area properties are zoned for residential, agricultural or industrial uses and occupied
by public/semi-public use (wastewater pump station) or remain vacant. The commercial
zoning located to the north at the W oodlake entrance was zoned as a part of that project for
the purpose of providing neighborhood commercial services for that community. The
General Business (C-5) zoning was granted prior to adoption of the Plan. The commercial
zoning in front of "The Villas at Dogwood" is restricted in such a way that the uses are
primarily limited to transitional uses, compatible with that adjacent residential development.
The adopted Plan, as well as the draft Plan prepared by staff, suggests that commercial
nodes should be located at the intersection of major north/south and east/west arterials with
transitional uses such as office and higher density residential located between the nodes.
The intent is to discourage typical strip commercial development along the corridor.
Site Design:
The property lies in what is currently designated an Emerging Growth area. If this request is
approved, development must conform to the Emerging Growth District requirements of the
Zoning Ordinance for Community Commercial (C-3) Districts. The purpose of the
Emerging Growth District Standards is to promote high quality, well-designed projects.
These standards address access, parking, landscaping, architectural treatment setbacks,
building height, signs, buffers, pedestrian access, lighting, utilities and screening of
dumpsters, loading areas and outside storage.
CONCLUSION
The proposed zoning and land uses do not confonn to the Upper Swift Creek Plan which
suggests the property is appropriate for conservation: passive recreation and mixed use corridor
uses. In addition, the proposed zoning and land uses are not representative of, or compatible
with, existing and anticipated area development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (12/14/06):
The applicant accepted the recommendation of the Planning eommission and did not
accept the recommendation of staff.
The applicant submitted a revised proffered condition addressing phosphourous runoff.
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07SNO 135-J AN 24- BOS
On motion of Mr. Bass, seconded by Mr. Gecker, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
A YES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
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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07SNO 135-J AN 24- BaS
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