07SN0134
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October 17, 2006 CPC
JanuUf)T 16, 2007 CPC
February 28, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0134
(AMENDED)
Second Fortune, LLC
Bermuda Magisterial District
Southeast line of Meadowville Road
REQUEST: (AMENDED) Rezoning from Agricultural (A) to Community Business (C-3) and
Corporate Office (0-2) and from Community Business (C-3) to Corporate Office
(0-2), plus proffered conditions on an adjacent parcel currently zoned Community
Business (C-3).
PROPOSED LAND USE:
Cormnercial and office uses except as limited by Proffered Condition 4 are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses generally conform to the Consolidated Eastern
Area Plan.
B. The proposed zoning and land uses are representative of, and compatible with,
anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MA Y PROFFER OTHER CONDITIONS. THE CONDITIONS
Providing a FIRST CHOICE community through excellence in public service
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 ONLY A "CPC" ARE ADDITIONAL CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC)
I.
Timbering Restriction. With the exception of timbering to remove
dead or diseased trees which has been approved by the Virginia State
Division of Forestry, there shall be no timbering until a Land
Disturbance Permit has been obtained from the Environmental
Engineering Department. (EE)
(STAFF/CPC)
2.
Public Utilities. The public water and wastewater systems shall be
used. (U)
(STAFF/CPC)
3.
Transportation
a) Right-of-Way Dedication.
i) Prior to any site plan approval, forty-five (45) feet
of right-of-way, measured from the centerline of
that part of Meadowville Road directly adjacent to
the Property, or the proposed right-of-way shown
on the approved plans for VDOT Project 00 10-020-
127, C-501, RW-201 directly adjacent to the
property, whichever is greater, shall be dedicated,
free and unrestricted, to and for the benefit of
Chesterfield County.
ii) Prior to final site plan approval, one-hundred (I 00)
feet of right-of-way, measured from the centerline
of that part of East Hundred Road (State Route 10)
adjacent to the Property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County.
b) Transportation Improvements. To provide for an adequate
roadway system at the time of complete development, the
Developer shall be responsible for the:
i) Construction of an additional lane of pavement
along Route 10 for the entire property frontage;
ii) Construction of additional pavement along Route 10
to provide a separate right turn lane at the approved
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07SN0134- FEB28- BOS
access, based on Transportation Department
Standards;
iii) Construction of additional pavement to provide
Meadowville Road, based on Transportation
Department standards; right and left turn lanes at
the approved access on
iv) Closing of existing crossovers on Route 10 between
Meadowville Road and Rivers Bend Boulevard;
v) Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. In the event the developer is unable to
acquire any "off-site" right-of-way that is necessary
for any improvement described in Proffered
Condition 3.b., the developer may request, in
writing, that the County acquire such right-of-way
as a public road improvement. All costs associated
with the acquisition of the right-of-way shall be
borne by the developer. In the event the County
chooses not to assist the developer in acquisition of
the "off-site" right-of-way, the developer shall be
relieved of the obligation to acquire the "off-site"
right-of-way and shall provide the road
improvements within the available right-of-way, as
determined by the Transportation Department. In
this event, road improvements may differ from
those identified above because of the limited right-
of-way. (T)
c) Access Control. Direct vehicular access from the Property
to Route 10 and Meadowville Road shall be limited to one
(1) entrance/exit on each roadway. The exact location of
these accesses shall be approved by the Transportation
Department. Prior to any site plan approval, access
easements, acceptable to the Transportation Department,
shall be recorded across the Property to provide shared use
of these accesses with adjacent properties. (T)
d) Phasing of Improvements. Prior to any site plan approval,
a phasing plan for the improvements identified in Proffered
Condition 3 shall be submitted to and approved by the
Transportation Department. The approved phasing plan
shall require that, among other things, the improvements
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07SN 0134- FEB28- BOS
identified in Proffered Condition 3.b.L and 3.b.iv., be
completed prior to completion of the approved entrance
exit on Route 10, and that the improvement identified in
3.b.iii., be completed prior to completion of the approved
entrance/exit on Meadowville Road. (T)
(STAFF/CPC)
4.
The permitted land uses in the Community Business (C-3) District
shall be limited to the following:
a. Any permitted or restricted use In the Neighborhood
Business (C-2) District;
b. Contractors' Offices and Display Rooms;
c. Hotels;
d. Restaurants, to include carry-out and fast food restaurants.
(P)
GENERAL INFORMATION
Location:
Southeast line of Meadowville Road, north of West Hundred Road. Also north line of East
Hundred Road, east of Meadowville Road. Tax Ids 814-652-5387 and 814-653-4407,5807,
6613,7317 and 7920. Tax IDs 814-653-7317,7920, and Parts of 4407,5807 and 6613
(Sheet 27).
Existing Zoning:
A and C-3
Size:
4.1 acres
Existing Land Use:
Single family residential or vacant
Adiacent Zoning and Land Use:
North - A; Single-family residential
South - C-2 and C-3: Single-family residential or vacant
East - A and C-3; Single-family residential or vacant
West - A and C-2; Single-family residential or vacant
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07SN0134-FEB28-BOS
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the north side of East
Hundred Road, adjacent to a portion of this site. In addition, a twenty (20) inch water line
extends along the west side of Rivers Bend Boulevard approximately 650 feet northeast
of the request site. Use of public water is intended. (Proffered Condition 2)
Public Wastewater System:
There is a twelve (12) inch wastewater trunk line that extends across East Hundred Road
and continues along the west side of Rivers Bend Boulevard approximately 600 feet east
of this site. Off-site easements will be required to extend the public wastewater system to
the request site. Use of the public wastewater system is intended. (Proffered Condition 2)
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to the south through some adjacent parcels and then under Route
10 to 10lmson's Creek. There are currently no on- or off-site drainage or erosion problems
and none are anticipated after development.
The property is heavily wooded and should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering (Proffered
Condition 1). This will ensure adequate erosion control measures are in place prior to any
land disturbance.
It should be noted that the area is relatively flat and, as such, it is anticipated that acquisition
of off-site easements may be required. It is also anticipated that on site detention/retention
for water quantity will be required, as most of the properties that are on the north side of
Route 10 and drain under Route 10 have found that the existing culverts are inadequate and
that it is too expensive to enlarge the structures.
PUBLIC FACILITIES
Fire Service:
The Rivers Bend Fire Station, Company Number 18, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on fire and
EMS.
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07SN0134-FEB28-BOS
Transportation:
The property is located on the south side of Meadowville Road just north of East Hundred
Road (Route 10). The applicant is 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 3,700 average daily trips. Traffic generated by this development
will be distributed along Route 10, which had a 2005 traffic volume of 39,617 vehicles per
day between Interstate 295 and Meadowville Road. Based on the volume of traffic it carried
during peak hours, Route lOin this area was functioning at an acceptable level. (Level of
Service C)
The Thoroughfare Plan identifies Route 10 and Meadowville Road as major arterials with
recommended right-of-way widths of 120 to 200 and ninety (90) feet, respectively.
Construction plans have been approved for widening Route 10 and Meadowville Road in
this area (VDOT project 0010-020-127, C501, RW-201). The applicant has proffered to
dedicate right-of-way in accordance with both the Thoroughfare Plan and the approved
construction plans. (Proffered Condition 3.a)
Development must adhere to the Development Standards Manual in the Zoning Ordinance
relative to access and internal circulation. Access to major arterials, such as Meadowville
Road and Route 10, should be controlled. The applicant has proffered to limit access from
the property to one (1) entrance/exit on both of these roadways and dedicate easements to
provide shared use of these accesses with adjacent properties. (Proffered Condition 3.c)
The traffic impact of this development must be addressed. The applicant has proffered to:
1) construct an additional lane of pavement along Route 10,2) construct a separate right turn
lane at the approved access on Route 10, 3) construct right and left turn lanes at the
approved access on Meadowville Road, 3) close the two (2) existing substandard crossovers
on Route 10 between Meadowville Road and Rivers Bend Boulevard, and 4) dedicate any
additional right-of-way required for these improvements (Proffered Condition 3.b).
Proffered Condition 3.d allows these improvements to be phased with development on the
property; however, it also requires construction of the improvements along Route 10 and
Meadowville Road when access is provided to each roadway, respectively.
During site plan review, specific recommendations will be made regarding access and
internal circulation.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan which suggests the
property is appropriate for neighborhood mixed use, such as professional and
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07SN0134-FEB28-BOS
administrative offices, along with residential development of varying densities.
Supporting neighborhood-scale retail and service uses may also be appropriate provided
such uses are incorporated into a mixed use development containing office and residential
uses.
The Plan also supports deviation from the neighborhood mixed use designation where
there are opportunities to bring already commercially zoned parcels into closer
compliance with the Plan and measures are employed to address land use transitions to
existing and future residential land uses.
Area Development Trends:
This area of the Route 10 Corridor is characterized by commercial zoning. While the Plan
strives to encourage development of less intense uses along the corridor, with commercial
uses suggested as appropriate at the intersection of major east/west and north/south arterials,
a substantial amount of commercial zoning already exists. As previously noted, the Plan
recognizes the existence of commercial zoning and therefore supports more intense uses
than office if measures are employed to address transitions and limit intensity of commercial
development.
Development Standards:
Currently, the property lies within an Emerging Growth Area and within the Route 10
Corridor East Highway Corridor District Area. The Zoning Ordinance specifically
addresses access, landscaping, setbacks, parking, signs, buffers, utilities and screening for
developments within these areas. The purpose of these standards is to promote high
quality, well-designed projects.
CONCLUSION
The proposed zoning and land uses generally conform to the Consolidated Eastern Area Plan
which suggests that supporting, neighborhood-scale retail and service uses if incorporated into a
mixed use development incorporating office and residential uses, are appropriate. The Plan
strives to minimize strip commercial development by encouraging transitional uses along the
corridor between suggested commercial nodes located at the intersection of north/south and
east/west arterials. The Plan does, however, recognize existence of commercial zoning that does
not comply with the Plan and suggests that it may be appropriate to allow a greater depth of
commercial zoning if transitional uses, design standards and use restrictions are addressed. The
applicant has included the adjacent C-3 property in this request for the purpose of limiting
commercial uses. The office zoning along Meadowville Road addresses land use transitions.
Given these considerations approval of this request is recommended.
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07SN0134-FEB28-BOS
CASE HISTORY
Planning Commission Meeting (10/17/06):
At the request of the applicant, the Commission deferred this case to January 16,2007.
Staff (10/18/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 13, 2006, for consideration at the
Commission's January 16,2007, public hearing.
Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (12/4/06):
The application was amended.
Applicant (12/14/06):
The deferral fee was paid.
Applicant (12/22/06, 1/5/07 and 1/8/07):
Revised proffered conditions were submitted.
Planning Commission Meeting (1/16/07):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 4.
AYES: Messers. Gecker, Gulley, Bass, Litton and Wilson.
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07SN0134-FEB28-BOS
The Board of Supervisors, on Wednesday, February 28, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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07SN0134-FEB28-BOS
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