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07SN0260 l\farch 20, 2007 CPC April 25, 2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0260 Riverstone Properties, LLC Matoaca Magisterial District Off the west line of Charter Colony Park:way REQUEST: Amendment to Conditional Use Planned Development (Case 88SN0059) to permit Corporate Office (0-2) uses. PROPOSED LAND USE: No specific use is proposed. With approval of this request, uses permitted by right or with restrictions in the Corporate Office (0-2) District would be permitted, as well as other uses approved as part of Case 88SN0059. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land use conform to the Route 288 Corridor Plan which suggests the property is appropriate for a mix of professional and administrative offices, residential of varying densities and light industrial uses. B. The recommended Condition, which requires compliance with Emerging Growth Area requirements of the Zoning Ordinance, will ensure compatibility and appropriate land use transition of the proposed (0-2) development with adjacent residentially-zoned properties. Providing a FIRST CHOICE community through excellence in public service (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER 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 ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITION (STAFF/CPC) The amended Textual Statement, Item II, as attached to this report, shall be considered the amended plan of development for this property. (P) (Note: All other conditions of Case 88SN0059 remain applicable.) PROFFERED CONDITION The Owner, pursuant to Section 15.2-2298 of the Code of Virginia (1950) (as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or assigns, proffers that the property under consideration, lrnown as approximately 5.12 acres of Chesterfield County Tax Identification Numbers 726-697-4349 (part parcel), will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the Owner. In the event this request is denied or approved with conditions not agreed to by the Owner, the proffers and conditions shall immediately be null and void and of no further force of effect: (STAFF/CPC) Timbering. 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 have been installed. (EE) GENERAL INFORMATION Location: Off the west line of Charter Colony Park:way, south of Rolling Springs Drive. Tax ID 726- 697-Part of 4349. Existing Zoning: R-7 Size: 5.1 acres 2 07SN0260- APR25- BOS Existing Land Use: Vacant Adiacent Zoning and Land Use: North - R-9 with Conditional Use Planned Development; Single-family residential or vacant South, East and West - R - 7 with Conditional Use Planned Development; Church or vacant UTILITIES Public Water System: There is a sixteen (16) inch water line which extends along a portion of Charter Colony Park:way terminating adjacent to the existing church site. The church property is served on- site by an eight (8) inch water line that terminates approximately 445 feet east of the request site. Use of public water is required as a condition of zoning. (Case: 88SN0059, III. General Conditions, A. Utilities, Condition 1 of the Textural Statement) Public Wastewater System: There is a twenty-one (21) inch wastewater trunk: line extending along Little Tomahawk: Creek: approximately 400 feet west of the request site. Use of public wastewater is required as a condition of zoning. (Case: 88SN0059, Textural Statement, III. General Conditions, A. Utilities, Condition 1) ENVIRONMENT AL Drainage and Erosion: The subject property drains to the west to Little Tomahawk: Creek: and then via Little Tomahawk: Creek: to Swift Creek: Reservoir. There are no existing or anticipated on- or off- site drainage or erosion problems. Little Tomahawk: Creek: does show signs, however, of natural stream degradation in places. The property is wooded and, as such, should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering (Proffered Condition 1). This will insure proper erosion control measures are in place prior to any land disturbance. Water Quality: The Board of Supervisors recently amended the Upper Swift Creek: Ordinances to require on-site water quality control devices. This property must meet the .22 runoff limit. 3 07SN0260- APR25- BOS PUBLIC FACILITIES Fire Service: The Swift Creek: Fire Station, Company 16, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact fire and EMS. Transportation: The applicant is requesting an amendment to Case 88SN0059 to permit Corporate Office (0-2) uses. Case 88SN0059 established a maximum density for the overall development. Because the applicant is not requesting to modify this maximum density, this request will have no impact on the traffic anticipated to be generated by this development. LAND USE Comprehensive Plan: Lies within the limits of the Route 288 Corridor Plan which suggests the property is appropriate for a mix of professional and administrative offices, residential of various densities and light industrial uses. Area Development Trends: Property to the south, east and west is zoned Residential (R-7) with Conditional Use Planned Development, is part of the overall Center Pointe mixed use development and is currently occupied by a church use or is vacant. Property to the north is zoned Residential (R-9) with Conditional Use Planned Development and is part of the Charter Colony mixed use development. The property to the north has been developed with single-family residential uses or is vacant. A mix of uses is expected to continue in the area as Center Pointe and Charter Colony continue to develop. Zoning History: In 1980, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning with Conditional Use Planned Development on the request property and property to the south, east and west to permit a mixed use development. The entire site, lrnown as the Evergreen Development, encompassed approximately 1,511 acres. (Case 79S146) On April 23, 1986, the Board of Supervisors approved the rezoning with Conditional Use Planned Development on approximately 948 acres that included portions of Evergreen plus additional property to permit a mixed use development with single family residential, multi-family residential and residential townhouse, office, commercial, light industrial and public/semi-public uses (Case 86S025). Conditions of zoning approval for 4 07SN0260- APR25- BOS this development, commonly lrnown as Center Pointe, superseded the conditions of Case 79S146 for the request property. On July 25, 1990, the Board of Supervisors, upon a favorable recommendation of the Planning Commission, approved an amendment to Case 86S025 to permit use and bulk: exceptions on a 948 acre tract (Case 88SN0059). A mixed use development, to include residential, office, commercial, industrial and public/semi-public uses was proposed. Development Standards: The request property lies within an Emerging Growth Area. Although zoned residentially, development should conform to the requirements of the Zoning Ordinance for the Corporate Office (0-2) District which address access, park:ing, landscaping, architectural treatment, setback:s, signs, buffers, utilities, and screening of dumpsters and loading areas (Condition). The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. Uses: In addition to those uses permitted by conditions of Case 88SN0059, the applicant is requesting the ability to develop Corporate Office (0-2) uses. CONCLUSION The proposed zoning and land uses conform to the Route 288 Corridor Plan which suggests the property is appropriate for a mix of professional and administrative offices, residential of varying densities and light industrial uses. The recommended Condition, which requires compliance with Emerging Growth Area requirements of the Zoning Ordinance, will ensure compatibility and appropriate land use transition of the proposed (0-2) development with adjacent residentially-zoned properties. Given these considerations, approval of this request would be appropriate. 5 07SN0260- APR25- BOS CASE HISTORY Planning Commission Meeting (3/20/07): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended approval subject to the condition and acceptance of the proffered condition on page 2. AYES: Messrs. Geck:er, Gulley, Bass, Litton and Wilson. The Board of Supervisors, on Wednesday, April 25, 2007, beginning at 6:30 p.m., will tak:e under consideration this request. 6 07SN0260- APR25- BOS AMEND THE TEXTUAL STATEMENT OF CASE 88SN0059 AS FOLLOWS FOR THE REQUEST PROPERTY: II. PROPOSED AMENDMENTS In addition to those uses permitted by Case 88SN0059, those uses permitted in the Corporate Office (0-2) District shall be permitted on this tract. Such Corporate Office uses shall be subject to the requirements for 0-2 Districts in Emerging Growth Areas. (Note: All other conditions of Case 88SN0059 remain applicable). 7 07SN0260- APR25- BOS This page is blank:. I. .1 Z. . I.. .Ir .. If... . ... !!Zo ,. -~" t I. .~ . ~ :_" r ~~~~ i-. ~ ~Z'-I ~ !'" ~'- - .! .~~ 'f I 'I:' T .f' f" l~~ ."1:. 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