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07SN0157 NO~/ember 16, 2006 CPC January 16,2007 CPC February 20, 2007 CPC 1^1pril 17, 2007 CPC June 19, 2007 CPC July 17,2007 CPC 1^1Ugust 21, 2007 CPC September 26,2007 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDA TION 07SN0152 (AMENDED) Patricia H. Patton and Michael and Myrna T. McCaffery Matoaca Magisterial District South line of Hull Street Road REQUEST: (AMENDED) Rezoning from Agricultural (A) to Community Business (C-3). PROPOSED LAND USE: Commercial uses, except as restricted by Proffered Condition 11, are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reason: While the proposed zoning and land uses are in conflict with the recommendations of the adopted Upper Swift Creek Plan which suggests mixed use corridor to include office and residential uses, the proposal complies with the proposed amendment of the Upper Swift Creek~ Plan, as recommended by the Planning Department. Specifically, the proposed Plan recommended by the Planning Department suggests the property is appropriate for community-scale commercial uses. Providing a FIRST CHOICE cOffiffinnity through excellence in public service (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS 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.) PROFFERED CONDITIONS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 1. Water and Sewer. The public water and wastewater systems shall be used. (U) 2. 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) 3. Dedication. Prior to any 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) 4. Access. Direct vehicular access from the property to Hull Street Road (Route 360) shall be limited to one (1) entrance/exit. The exact location of this access shall be approved by the Transportation Department. (T) 5. Transportation. In conjunction with initial development of the property, additional pavement shall be constructed along the eastbound lanes of Route 360 to provide a separate right turn lane at the approved access. In conjunction with any development on the Parcel identified as Tax ID 730-674-7150, additional pavement shall be constructed along the eastbound lanes of Route 360 to provide an additional lane across the entire property frontage of that Parcel. The developer shall dedicate to Chesterfield County, free and unrestricted, any additional right-of-way ( or easements) required for these improvements. (T) 6. Open Basins. Any open basins required for water quantity or quality which are designed as wet ponds shall be landscaped or otherwise improved so that the facilities become visual 2 07SN 0152-SEP 26- BOS- RPT enhancements to, and amenities for, the uses developed on the Property. At the time of site plan submission, a plan depicting these requirements shall be submitted for review and approval. (P) (STAFF/CPC) 7. Parking Lot Lights. Freestanding parking lot lights shall not exceed twenty (20) feet in height. (P) (STAFF/CPC) 8. Hours of Operation. Except for a bank ATM no use shall be open to the public between 12 midnight and 6:00 a.m. (P) (STAFF/CPC) 9. Elevation. Any building shall be constructed so that the lowest finished floor shall have a minimum elevation of 190.5 feet above sea level. (EE) (STAFF/CPC) 10. Square footage: No single tenant shall exceed thirty thousand gross feet. (P) (STAFF/CPC) 11. Prohibited Uses. The following uses shall not be permitted: a. hotels; and b. indoor flea markets. (P) GENERAL INFORMATION Location: South line of Hull Street Road, east of Mockingbird Lane. Tax IDs 730-674-7150 and 731- 674-2477 (Sheet 16). Existing Zoning: A Size: 12.5 acres Existing Land Use: Single family residential or vacant 3 07SN 0152-SEP 26- BOS- RPT Adiacent Zoning and Land Use: North - 0-2 with Conditional Use Planned Development; Office, commercial or vacant South - A with Conditional Use and R-7; Single family residential or vacant East - C-3 and 0-2 with Conditional Use Planned Development; Commercial, residential or vacant West - R-7 with UTILITIES Public Water System: A twenty-four (24) inch water line extends along the north side of Hull Street Road, opposite this site. In addition, an eight (8) inch water line cross Hull Street Road and extends south along Mockingbird Lane approximately 470 feet west of this site. Use of the public water system has been proffered. (Proffered Condition 1) Public Wastewater System: A thirty (30) inch wastewater trunk line extends along the west side of Swift Creek and within an easement across the eastern boundary of this site. Use of the public wastewater system has been proffered. (Proffered Condition 1) ENVIRONMENT AL Drainage and Erosion: The subject property drains to the east to Swift Creek. The entire eastern property line is adjacent to Swift Creek which is a perennial stream and as such, is subject to a 100 foot conservation area inside of which there are limited uses. There are no existing on- or off- site drainage or erosion problems and none are anticipated after development. The subject property is wooded and should not be timbered without obtaining a land disturbance permit from the Department of Environmental Engineering and the appropriate devices installed. (Proffered Condition 2). The property is located directly downstream of Swift Creek dam which is a Category 5 dam (State's highest classification of a dam). In order not to jeopardize any development in close proximity to the dam, the developer has agreed that all structures will have a minimum finish floor elevation higher than the dam failure limits, as recognized by the Utilities Department and the State. (Proffered Condition 9) 4 07SN 0152-SEP 26- BOS- RPT PUBLIC FACILITIES Fire Service: The Clover Hill Fire Station, Company Number 7, currently provides fire protection and emergency medical service. This request will have a minimal impact on fire and EMS. Transportation: The property (12.5 acres) is located on the south side of Hull Street Road (Route 360) between Mockingbird Lane and Swift Creek, and is currently zoned Agricultural (A). The applicants are 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 almost half of the property. Based on shopping center trip rates, development could generate approximately 5,590 average daily trips. These vehicles will be initially distributed along Route 360. Based on the most recent data from the Virginia Department of Transportation (VDOT), the section of Route 360 between Spring Run Road and Old Hundred Road was carrying 67,324 vehicles per day (VPD) in 2006. This section of Route 360 is beyond capacity (Level of Service F) for the volume of traffic it currently carries. Drivers experience long delays, especially during peak travel periods. An improvement project will soon complete the widening of Route 360 to an 8-lane highway west of the Old Hundred Road intersection. This should reduce traffic congestion along the corridor, although it is likely that significant congestion will continue. The Thoroughfare Plan identifies Route 360 as a major arterial with a recommended right-of-way width of 120 to 200 feet. The applicants have 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 3) 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 applicants have proffered that direct vehicular access from the property to Route 360 will be limited to one (1) entrance/exit (Proffered Conditions 4). This access will be limited to right-turns-in and right-turns-out only. The traffic impact of this development must be addressed. The applicants have proffered the customary road improvements along Route 360 such as construction of an additional lane of pavement along part of the property frontage and construction of a separate right turn lane at the approved access (Proffered Condition 5). Because part of Route 360 eastbound adjacent to the property was widened to four (4) lanes with the Swift Creek bridge project, the applicants have proffered to construct the additional lane only along the section that has not been widened, identified as Tax ID 730-674-7150 (the McCaffrey property). This improvement will be provided with initial development of the McCaffrey 5 07SN 0152-SEP 26- BOS- RPT property. The right turn lane will be constructed along Route 360 with any development that occurs on the entire property. At time of site plan review, specific recommendations will be provided regarding access and internal site circulation. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for a mixture of corporate office and residential uses of varying densities, where supportive commercial uses may be appropriate where they are integrated within a mixed use development. The Plan is currently being revised. The draft Plan as recommended by the Planning Department, suggests the request property is appropriate for community-scale commercial uses. Area Development Trends: Properties to the north are zoned Corporate Office (0-2) and are occupied by commercial and office uses as part of the Harbour Pointe development. Properties to the east are zoned Community Commercial (C-3) and Corporate Office (0-2) and are occupied by commercial and residential uses within the Commonwealth Center development. Properties to the west and south are zoned Agricultural (A) and Residential (R-7) and are occupied by office, day care and public utility use or single family residential dwellings within the Mockingbird Hill Subdivision. Zoning History: On October 6,1981, the Board of Zoning Appeals approved renewal ofa Special Exception (Case 81A154) to operate a real estate office on a portion of the request property subject to conditions relative to limiting approval to the property owners, number of employees, hours of operation, parking, additions or alterations to the existing dwelling, outside storage, permitted number of customers and signage. There was no time limitation placed on this Special Exception; however, should this rezoning request be approved, this Special Exception would be void. Uses: Should this request be approved, uses permitted by right or with restnctlons in the Community Business (C-3) District would be permitted except for hotels and indoor flea markets (Proffered Condition 11). 6 07SN 0152-SEP 26- BOS- RPT Development Standards: The request property lies within an Emerging Growth District Area. The Zoning Ordinance specifically addresses access, landscaping, architectural treatment, setbacks, parking, signs, buffers, utilities and screening. The purpose of the Emerging Growth District Standards is to promote high quality, well-designed projects. Development of the request property will be subject to these Ordinance standards, except that the applicant has requested setback exceptions as discussed herein. In addition, the request property is located within the Route 360 Corridor West area. Within this area, the Zoning Ordinance addresses architectural styles for projects, requires building elements to be provided to reduce the mass of large buildings, provides for a pedestrian scale environment, and requires buildings to be compatible with residential architecture and other buildings within the same proj ect or surrounding area. Proffered Conditions 6 and 7 would require wet open basins required for water quantity or quality to be landscaped and improved as visual enhancements or amenities and places a height limitation of freestanding parking lot lights. Hours of Operation: Proffered Condition 8 would limit hours of operation for uses other than a bank ATM. Individual Tenant Space: Proffered Condition 10 would establish a minimum square footage for individual tenant space within a building for uses. This limitation would still allow small box retail and strip commercial development of the request property which fails to comply with the Plan recommendations. CONCLUSION While the proposed commercial zoning and land uses are in conflict with the recommendations of the adopted Upper Swift Creek Plan which suggests mixed use corridor uses to include office and residential uses of varying densities are appropriate, the proposal complies with the draft Plan, as recommended by the Planning Department. As discussed herein, the draft Plan as recommended by the Planning Department suggests community scale commercial uses area appropriate. Given these considerations, approval of this request is recommended. 7 07SN 0152-SEP 26- BOS- RPT CASE HISTORY Applicant (11/15/06): The application was amended to include additional property. Planning Commission Meeting (11/16/06): At the request of the applicant, the Commission deferred this case to January 16,2007. Staff (11/20/06): The applicant was advised in writing that any significant, new or revised information should be submitted no later than November 22, 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 (12/5/06): The deferral fee was paid. Applicant (12/21/06): A deferral was requested. Planning Commission Meeting (1/16/07): At the request of the applicant, the Commission deferred this case to February 20, 2007. Staff (1/17/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 22, 2007, for consideration at the Commission's February 20, 2007, public hearing. 8 07SN 0152-SEP 26- BOS- RPT Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (1/22/07 and 1/29/07): Revised and additional proffered conditions were submitted. Applicant (1/31/07): The deferral fee was paid. Applicant (2/7/07): A deferral was requested. Planning Commission Meeting (2/20/07): The Commission deferred this case to April 17, 2007, thirty (30) days at the request of the applicant and thirty (30) days on the Commission's own motion. Staff (2/21/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 26, 2007, for consideration at the Commission's April 17, 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 (3/1/07): The deferral fee was paid. Applicant (3/19/07 and 3/29/07): Revisions to proffered conditions were submitted. 9 07SN 0152-SEP 26- BOS- RPT Planning Commission Meeting (4/19/07): The applicants did not accept the recommendation arguing that the proposed uses were superior to the multi-family uses recommended by the Plan. They provided that the adjacent residential uses would not be greatly impacted since there would be no access to Mockingbird Lane and a buffer is required adjacent to residential uses. In addition, the applicants' representative stated that they will withdraw the request for setback exceptions. A number of citizens spoke in opposition to the request siting concerns relative to additional traffic, lighting, noise, hours of operation, buffers, deliveries, impact on the neighborhood and drainage. Mr. Bass stated a deferral was appropriate to permit another community meeting to discuss the neighbors concerns. Mr. Gecker stated it was important for the applicants to address the impacts of this request on the adjacent neighborhood. On their own motion, the Commission deferred this case to their June 19, 2007, public hearing. Staff (4/20/07): The applicant was advised in writing that any new or revised information should be submitted no later than April 23, 2007, for consideration at the Commission's June 19, 2007, public hearing. Applicant (6/14/07): Revisions to the proffered conditions were submitted. Planning Commission Meeting (6/19/07): At the request of the applicant, the Commission deferred this case to July 17, 2007. Staff (6/20/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than June 25, 2007, for consideration at the Commission' July 17, 2007, public hearing. Also, the applicant was advised that a $230.00 deferral fee must be paid prior to the Commission's public hearing. 10 07SN 0152-SEP 26- BOS- RPT Staff (6/26/07): No new or revised information has been received. The deferral fee was paid. Applicant (7/16/07): The application was amended to withdraw the Conditional Use Planned Development. Planning Commission Meeting (7/19/07): At the request of the applicant, the Commission deferred this case to their August 21,2007, public hearing. Staff (7/20/07): The applicant was advised in writing that any new or revised information should be submitted no later than July 25,2 007, for consideration at the Commission's August 21, 2007, public hearing. Also, the applicant was advised that a $230.00 fee must be paid prior to the Commission's public hearing. Staff (7/25/07): No new or revised information has been received. Applicant (7/30/07): The deferral fee was paid. Planning Commission Meeting (8/21/07): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Bass, seconded by Mr. Wilson, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson. 11 07SN 0152-SEP 26- BOS- RPT The Board of Supervisors, on Wednesday, September 26,2007, beginning at 6:30 p.m., will take under consideration this request. 12 07SN 0152-SEP 26- BOS- RPT ~ 0) I a:: . . . . . '~ ~ <:\Ii I ! 0' u ~ , ~ CW') I U u l..1 eL\IO pJ\ l' n u U N - ~ ,........ C W C Z w :E ~C") I NO Lt) O~ Zc:c (I)~ ~8lli CIJ +"" Q) Q) u. o o CO This page is blank.