07SN0308
l\fay 15, 2007 CPC
June 19, 2007 CPC
July 25, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0308
(AMENDED)
Emerson Companies LLC
Bermuda Magisterial District
North line of East Hundred Road
REQUEST: (AMENDED) Rezoning from Agricultural (A) to Community Business (C-3) with
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
Commercial uses, except as restricted by Proffered Condition 3, are planned. An
exception to allow park:ing in front of buildings is requested.
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 Consolidated Eastern
Area Plan which suggests the property is appropriate for a mix of office and
residential uses of varying densities. While the Plan also suggests neighborhood-
scale retail and service uses would be appropriate provided any potential adverse
impacts on nearby residential uses are mitigated through transitional uses, buffers
and/or design, the application fails to offer sufficient measures.
B. The application fails to address transportation concerns, as discussed herein.
Providing a FIRST CHOICE community through excellence in public service
C. The requested park:ing exception is inconsistent with recently adopted design criteria
for this portion of the Route 10 corridor.
(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/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
The Contract Purchaser-Applicant in this zoning case, 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 development of the properties lrnown as Chesterfield
County Tax IDs 817-652-5138, 817-652-8321, and 817-652-6725 from A to C-3 will be
developed as set forth below; however, in the event the request is denied or approved with
conditions not agreed to by the Applicant, these proffers and conditions shall be immediately
null and void and of no further force or effect.
( CPC)
1.
Timbering. Except for the 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)
( CPC)
2.
Transportation.
Dedications/Recordation.
Prior to any site plan approval or within 60 days from a written request by
the Transportation Department, whichever occurs first, one-hundred (100)
feet of right of way measured from the centerline of that part of Route 10
immediately adjacent to the property shall be dedicated free and
unrestricted, to and for the benefit of Chesterfield County.
Access.
Direct vehicular access from the property to Route 10 shall be limited to
two (2) entrances/exits. 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)
2
07SN0308-]UL Y25 BOS
( CPC) 3. Use limitations.
The following C-3 uses shall not be permitted on the property:
a) indoor flea mark:ets
b) park: and ride lots;
c) taxidermies;
d) cocktail lounges and nightclubs;
e) feed, seed and ice sales;
f) motor vehicle washes;
g) hospitals;
h) theaters, except drive-in theaters;
i) veterinary hospitals and/or commercial k:ennels. (P)
( CPC) 4. Utilities. The public wastewater system shall be used. (U)
( CPC) 5. Buffers required by the zoning Ordinance may not be waived and/or
modified through site plan review. (P)
( CPC) 6. Storm Water Retention. The developer will retain the two (2), ten (10)
and one hundred (100) year post development runoff and release at the
two (2), ten (10) and one hundred (100) year predevelopment rate. (EE)
( CPC) 7. Textual Statement. In conjunction with the approval of this request, the
Textual Statement dated May 24, 2007, shall be approved. (P)
GENERAL INFORMATION
Location:
North line of East Hundred Road, west of Kingston Avenue. Tax IDs 817-652-5138, 6725
and 8321.
Existing Zoning:
A
Size:
4.4 acres
Existing Land Use:
Single- family residential
3
07SN0308-]UL Y25 BOS
Adiacent Zoning and Land Use:
North - R-7; Single-family residential
South - A; Single-family residential
East - A with Conditional Use to permit B-1 uses plus plumbing and heating sales and
service; Commercial
West - A; Single-family residential
UTILITIES
Public Water System:
There is a twelve (12) inch water line extending along the north side of East Hundred Road,
adjacent to this site. Use of the public water system is required by County Code.
Public Wastewater System:
The request site is within the Johnson Creek: drainage basin. There is an eighteen (18) inch
wastewater trunk: line extending along Johnson Creek: approximately 1,300 feet south of this
site. Use of the public wastewater system is intended. (Proffered Condition 4)
ENVIRONMENT AL
Drainage and Erosion:
The property drains to the south to Route 10 and then under Route 10 to Johnson's Creek:.
There are no existing or anticipated on- or off-site erosion problems. Drainage problems
north of Route 10 consist of inadequate pipes under Route 10 and their inability to handle
increased run-off. Therefore, this developer, lik:e others north of Route 10, has agreed to
retain the 2, 10 and 100 post development and release at a 2, 10 and 100 pre-development.
(Proffered Condition 6)
A portion of the zoning request 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 ensure adequate erosion control measures are in place
prior to any land disturbance.
PUBLIC FACILITIES
Fire Service:
The Rivers Bend Fire Station, Company 18, currently provides fire protection and
emergency medical service (EMS) to this area. This request will have a minimal impact on
fire and EMS.
4
07SN0308-]UL Y25 BOS
Transportation:
The property (4.4 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. Based on shopping
center trip rates, development could generate approximately 3,990 average daily trips. These
vehicles will be distributed along East Hundred Road (Route 10), which had a 2006 traffic
count of 38,977 vehicles per day. The capacity of the six-lane section of Route 10 between
Interstate 295 and Old Bermuda Hundred Road/Meadowville Road is acceptable (Level of
Service B) for the volume of traffic it currently carries. No public road improvements in this
part of the county are currently included in the Six - Year Improvement Plan.
The Thoroughfare Plan identifies Route 10 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 10, in accordance with that Plan.
(Proffered Condition 2)
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5). Vehicular access to major arterials,
such as Route 10, should be controlled. The property has approximately 550 feet of frontage
along Route 10, and the western property line is located approximately 250 feet from the
Bermuda Orchard Lane/Route 10 signalized intersection. Because of its limited road
frontage and its proximity to that signalized intersection, the property should be limited to
one (1) vehicular access to Route 10, generally located midway of the property frontage.
The applicant has proffered that direct vehicular access from the property to Route 10 will
be limited to two (2) entrances/exits (Proffered Condition 2). Proffered Condition 2
regarding access would also require an access easement to be recorded across the property
to provide shared use of these accesses with adjacent properties. As previously stated, Staff
supports only one (1) access to Route 10.
The traffic impact of this development must be addressed. Customary road improvements
should be provided, such as construction of additional pavement along Route 10 to provide a
fourth lane of pavement and a sidewalk: for the property frontage plus construction of a
separate right turn lane to serve the Route 10 access. These road improvements should be
provided with initial development of the property.
The applicant is unwilling to limit access to Route 10 to one (1) entrance/exit or to proffer
conditions that require construction of the necessary road improvements. Without these
commitments, the Transportation Department cannot support this request.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Consolidated Eastern Area Plan., which suggests the
property is appropriate for a mix of office and residential uses of varying densities.
5
07SN0308-]UL Y25 BOS
Further, the Plan suggests neighborhood-scale retail and service uses would be
appropriate if potential adverse impacts from these uses on nearby residents, such as
noise, light, trash and odor are mitigated by transitional uses such as offices or by
additional buffering or other design features.
Area Development Trends:
The area is characterized by single-family residential uses on acreage parcels to the south
and west and within Random Woods Subdivision to the north. A commercial use is located
on adjacent property to the east. The Plan suggests development along this portion of Route
10 be limited to primarily office and residential uses with commercial uses concentrated at
nodes located at intersecting arterials and collectors. The intent of the Plan is to attempt to
minimize strip commercial development along the corridor.
The Plan does, however, mak:e provisions for some limited commercial uses along the
corridor under certain circumstances.
Uses:
Proffered Condition 3 eliminates some uses that would be permissible on the property.
The intent of Proffered Condition 3 is to preclude the more objectionable uses from the
Community Business (C-3) District. These restrictions do not provide the land use
transition suggested by the Plan nor do they minimize the intensity of uses that may
potentially locate proximate to the neighborhood.
Development Standards:
Currently, the property lies within an Emerging Growth District Area and Route 10
Corridor East. The Zoning Ordinance specifically addresses access, landscaping,
setback:s, park:ing, signs, buffers, utilities and screening for developments within these
areas. Further, the Route 10 standards address additional yard requirements, architecture
and internal circulation.
Setback:s:
The applicant has requested an exception to required setback:s for park:ing and drives.
The Ordinance requires a minimum forty (40) foot setback: from the ultimate right of way
of Route 10 for park:ing and drives (not including driveways for drive-through facilities).
In addition, such park:ing and drives are not to be located any closer to Route 10 than the
face of any building along the road. The applicant wants to be allowed park:ing and
drives closer to Route 10 than the building(s) and provides that such park:ing and drives
would be set back: a minimum of fifty (50) feet from the ultimate right of way. (Textual
Statement)
A goal of the additional setback: requirements along this portion of the Route 10 corridor
is to improve the overall appearance of development when viewed from the road. Given
6
07SN0308-]UL Y25 BOS
the commercial uses proposed are more intense than the uses suggested by the Plan,
approval of the exception to allow park:ing in front of the building(s) would not be
appropriate. Further, these standards were recently adopted in the Zoning Ordinance. A
deviation from the required setback:s could set a precedent for further such exceptions
along this corridor.
Buffers:
Random Woods Subdivision lies to the north of the request property. The zoning
Ordinance will require a seventy-five (75) foot buffer adjacent to this residential
development. The applicant has offered that this buffer will be waived or modified
through site plan review. (Proffered Condition 5)
Another component of addressing the recommendations of the Plan regarding the
appropriateness of commercial uses in this area would be an offer to increase this
minimum buffer requirement.
Architectural Treatment:
The Route 10 East District addresses architectural treatment, requIrIng all building
exteriors visible to the public or adjacent properties to be constructed of architectural
materials consistent in quality, appearance and detail. In addition, the treatment must be
compatible with best architectural examples of buildings located within the same project,
within the same block: or directly across any road.
CONCLUSION
The proposed zoning and land uses do not conform to the Consolidated Eastern Area Plan which
suggests the property is appropriate for a mix of office and residential uses of varying densities.
While the Plan also suggests neighborhood-scale retail and service uses would be appropriate
under certain circumstances such as provision of transitional uses, buffers and/or design to
mitigate any potential adverse impacts on nearby residential uses, this application fails to
sufficiently address these measures. In addition, the transportation concerns, as discussed herein,
have not been addressed. Approval of the requested setback: exception would not be appropriate,
since the requested zoning and uses are contrary to the Plan and proposes more intense uses
along this corridor.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (5/15/07):
At the request of the applicant, the Commission deferred this case to June 19, 2007.
7
07SN0308-]UL Y25 BOS
Staff (5/16/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than May 21, 2007, for consideration at the Commission's
June 19,2007, public hearing. Also, the applicant was advised that a $230.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (5/17/07):
The application was amended to include a request for setback: exceptions for park:ing and
drives, and a Textual Statement.
Applicant (5/25/07):
An amended Textual Statement was submitted.
Applicant (5/30/07):
An additional proffered condition was submitted.
Applicant (6/8/07):
The deferral fee was paid.
Planning Commission Meeting (6/19/07):
The applicant accepted the Commission's 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 and 3.
AYES: Messrs. Geck:er, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, July 25, 2007, beginning at 6:30 p.m., will tak:e under
consideration this request.
8
07SN0308-]UL Y25 BOS
TEXTUAL STATEMENT
Case No 07SN0308
May 24, 2007
This is a request to rezone the Property under consideration to C-3 with a Conditional Use
Planned Development (CUPD) that will permit exceptions to Section 19-587.1 regarding
setback:s along Route 10. The Applicant does not want to meet the requirements of Section 19-
587.1, but is requesting to be subject to the following:
Setbacks along Route 10: The minimum setback: area for buildings shall be 30 feet from the
ultimate right-of-way with the installation of perimeter landscaping J. The minimum setback:
along Route 10 for drives and park:ing shall be 40 feet, provided however, that park:ing or
associated driveways (not including driveways necessary for drive-through facilities) shall not be
located any closer to Route 10 than the face of any building along the road, unless such drives
and park:ing are setback: a minimum of 50 feet from the ultimate right-of-way. The minimum
setback: along Route 10 for driveways necessary for drive-through facilities shall be 30 feet from
the ultimate right-of-way.
1
This page is blank:.
,1 ,~.. a
This page is blank:.
z
<C
...J
c..
U)
U)
w
o
o
<C
c
w
c
z
w
:E
:E
o
o
w
I:t::
This page is blank:.