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95SN0214 I ~ t~''~ July 26, 1995 BS REQUEST ANALYSIS AND RECOMMENDATION 95SN0214 Carlton A. and Renzal Palmer Bermuda Magisterial District South line of East Hundred Road REQUEST: Rezoning from Agricultural (A) to General Business (C-5) of 1.0 acre and to Community Business (C-3) of 2.3 acres, and from Community Business (C-3) to General Business (C-5) of 1.2 acres. PROPOSED LAND USE: A utility trailer and truck rental facility, to be operated in conjunction with an existing furniture store and novelty sales business, is planned. However, with the approval of this request, other Community Business (C-3) or General Business (C- 5) uses, except as restricted by Proffered Condition 6, would be permitted. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: Ao The proposed zoning conforms to the Eastern Area Plan Amendment which designates the property for commercial/office use. Bo The proposed zoning is representative of, and compatible with, existing and anticipated area zoning. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER 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 (STAFF/CPC) 1. The public wastewater system shall be used for all new structures. (STAFF/CPC) 2. (STAFF/CPC) 3. Existing structures to connect to the public wastewater system when existing facilities are within 200' of the closest property line. Access to Route 10 shall be limited to one (1) entrance/exit located towards the western property line. However, if requested by the developer, an alternative location may be approved by the Transportation DeparUnent. The exact location of this access shall be approved by the Transportation Department. (STAFF/CPC) 4. Prior to the issuance of an occupancy permit for any development that would generate a significant increase in traffic above the traffic generated by the current specialty retail uses within the existing structures as determined by the Transportation Department, the developer shall be responsible for the following: Construction of an additional lane of pavement along the eastbound lanes of Route 10 for the entire property frontage. Construction of additional pavement along the eastbound lanes of Route 10 at the approved access to provide a separate right turn lane. At time of site plan review, this requirement may be eliminated by the Transportation Department if anticipated traffic generation does not warrant the turn lane based on Transportation Department standards. Co Dedication to the County of Chesterfield, free and unrestricted, any additional right of way (or easement) required for the improvements identified above. (STAFF/CPC) 5. Prior to site plan approval, 100 feet of right-of-way on the southside of Route 10, 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. (STAFF/CPC) 6. Uses shall be restricted to those permitted in the C-3 and I-1 Districts plus the following: 2 95SN0214/WP/JULY26I ao Auction sales for furniture only Boat sales, service, repair and rental Display houses or "shell" houses Motels Motor vehicle sales, service, repair and rental Satellite dishes Utility trailer and truck rentals Wholesale trade of any products permitted to be sold at retail. (STAFF/CPC) For any utility trailer or truck rental use, the following restrictions shall apply: With the exception of one (1) utility trailer, or one (1) truck with a cargo area that does not exceed seventeen (17) feet in length, all other rental vehicles shall be parked a minimum of 100 feet from the ultimate right of way of Route 10. GENERAL INFORMATION Location: Fronts the south line of East Hundred Road, east of Rivers Bend Boulevard. Tax Map 118-9 (1) Parcel 22; Tax Map 118-9 (2) Westover Farms, Lots 45 and 46; and Tax Map 118-13 (1) Parcel 3 and Part of Parcel 6 (Sheet 33). A and C-3 Size: 4.5 acres Existing Land Use: commercial or vacant Adjacent Zoning & Land Use: North - C-3 and A; Commercial, single family residemial or vacam South - A; Vacam 95 SN0214/WP/JULY26I East - A; Vacant West - A and C-3; Vacant PUBLIC FACILITIES Utilities: Public Water System An existing sixteen (16) inch water line is located along the south side of East Hundred Road. Use of the public water system is required by Ordinance for any new construction utilizing domestic water. The existing structure located on the easternmost portion of the road frontage property (Tax Map 118-9 (2) Lot 46) is connected to and utilizing the public water system. The existing structure located on the westernmost portion of the road frontage property (Tax Map 118-9 (2) Lot 45) is utilizing a private well. Results of a computer-simulated flow test indicate that sufficient flow and pressure should be available to meet domestic and fire demands. Fire flow requirements are determined by the Fire Department. Public Wastewater System An existing eighteen (18) inch wastewater line is located along Johnson Creek. Existing structures are utilizing private septic tank and drainfield systems. The applicant has proffered to connect the existing structures to the public wastewater system when the wastewater system is within 200 feet of the closest property line, and to utilize the public system for all new structures (Proffered Conditions 1 and 2). The results of a computer simulated hydraulic analysis indicate that sufficient capacity should be available to support the domestic flows for this development. Private Wells and Septic Tank Systems Continued use of the existing private well and septic systems must be approved by the Health Department. Environmemal: Drainage and Erosion Property drains south into Johnson Creek, which experiences minor flooding. No existing or anticipated on- or off-site drainage or erosion problems. Off-site drainage easements and improvements may be required to accommodate runoff from any new development. 4 95 SN0214/WP/JULY26I Water Quality Johnson Creek is classified as a perennial stream and has a wide floodplain. Chesapeake Bay regulations require that a 100 foot conservation area be provided along Johnson Creek. However, the request property does not appear to 6ncroach into these features. Fire Service: Enon Fire Station, Company # 6. County water and fire hydrants must be provided for fire protection purposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). Transportation: This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on fast food restaurant with drive through window trip rate, development could generate approximately 3,800 average daily trips. These vehicles will be distributed along East Hundred Road (Route 10) which had a 1992 traffic count of 32,501 vehicles per day. 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 agreed to dedicate 100 feet of right of way measured from the centerline of Route 10 in accordance with that Plan. (Proffered Condition 5) Development must adhere to the Zoning Ordinance relative to access and internal circulation (Article 7). Access to major arterials such as Route 10 should be controlled. Existing development on the property is served by two (2) direct accesses to Route 10. The applicant has proffered to limit access to Route 10 to one (1) entrance/exit in conjunction with any further development of the property. (Proffered Condition 3) There are several small parcels on the southside of Route 10 between Inge Road and Bermuda Orchard Lane. The Eastern Area Land Use and Transportation Plan Amendment recommends that the number of accesses onto Route 10 be minimized and internal circulation provided to these small parcels. To minimize the number of accesses and provide internal circulation, the Plan recommends construction of an east-west road parallel to Route 10. In order to provide adequate separation from Route 10 and maximize · the development potential of area property, this east/west road should be located south of the subject property towards Johnson Creek. Further development of the subject property should be oriented towards this east-west road, and the access from Route 10 should be designed to provide a direct connection to this future east-west road. 5 95SN0214/WP/JULY26I Mitigating road improvements must be provided for the requested densities. Based on specialty retail use within the existing structures, current development on the property generates approximately 340 average daily trips. The applicant has proffered that in conjunction with any additional development that would generate a significant increase in traffic above the traffic generated by the specialty retail uses, the developer will: 1) construct an additional lane of pavement along Route 10 for the entire property frontage; and 2) construct a separate right turn lane at the approved access, if warranted (Proffered Condition 4). Construction of the right turn lane may require widening on Route 10 in front of the property to the west. At time of site plan review, specific recommendations will be provided regarding access and internal circulation. General Plan: Lies within the boundaries of the Eastern Area Plan Amendment. which designates the request property for commercial/office use. Area Development Trends: Properties to the north, east, and west are zoned agriculturally and commercially and have been developed for scattered single family residences and commercial uses or remain vacant. Property to the south is zoned agriculturally and is vacant. As noted by the Plan, the area north of Johnson Creek is anticipated to eventually be developed for commercial/office use. Site Design: The request property is partially occupied by commercial uses having minimal site improvements. Existing improvements, such as graveled parking areas, are non- conforming with respect to the Zoning Ordinance and may continue to be utilized with approval of this request. The undeveloped portions of the property, such as grassed areas, must be improved to meet current Ordinance requirements prior to being occupied by any commercial use. Site plans must be submitted for review and approval for any use on the unimproved portions of the property. At the time of site plan review, staff will make recommendations relative to the improvements that will be required. The request property lies within an Emerging Growth Area. New construction must conform to the development standards of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. 95SN0214/WP/JULY26I It should be noted that the applicant has proffered to restrict the C-5 uses allowed on the property, and has further restricted the location of rental vehicles. (Proffered Conditions 6 and 7) Architectural Treatment: Within Emerging Growth Areas, no building exterior which would be visible to any agricultural district or any public right of way may consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. There is, however, nothing to preclude the use of different materials on different building exteriors, but rather the use of inferior materials on sides which face adjoining property. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal may be visible from any adjoining agricultural district or any public right of way. No building exterior may be constructed of unpainted concrete block or corrugated and/or sheet metal. Mechanical equipment, whether ground-level or rooftop, must be shielded and screened from public view and designed to be perceived as an integral part of the building. New construction must adhere to Emerging Growth requirements. Buffers and Screening: The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans, trash compactors, etc.) be screened from view of adjacent property and public fights of way by a solid fence, wall, dense evergreen plantings or architectural feature, be separated from any residentially zoned property or any property being used for residential purposes by the principal building, and that any such use within 1,000 feet of any residentially zoned property or any property being used for residential purposes not be serviced between the hours of 9:00 p.m. and 6:00 a.m.. In addition, sites must be designed and buildings oriented so that loading areas are screened from any property where loading areas are prohibited and from public rights of way. New construction must conform to these requirements. With the approval of this request, outside storage would be permitted. Any new outside storage areas must be screened from view of adjacent properties which have no such areas and from public rights of way. Conclusions: The proposed zoning conforms to the Eastern Area Plan Amendment, which designates 'the property for commercial/office use and is representative of area commercial development trends. Further, the develoPment standards of the Zoning Ordinance ensure quality development for any new construction or expansion of existing uses, as well as ensure compatibility with area development. Therefore, approval of this request is recommended. 7 95SN0214/WP/JULY26I CASE HISTORY Planning Commission Meeting (2/21/95): The Commission deferred this case for sixty (60) days to allow the Bermuda District Commissioner, the applicants and staff to meet and discuss concerns relative to right of way dedication, uses permitted, and the location of the storage of any utility trailer or trucks. Staff (2/22/95): The applicants were advised in writing that any significant new or revised information should be submitted no later than March 20, 1995, for consideration at the Commission's April public hearing. Bermuda District Commissioner, Applicants and Staff (3/9/95): A meeting was held on the site to discuss the proposed zoning. Planning Commission Meeting (4/18/95): At the request of the applicant, the Commission deferred this case for sixty (60) days. Staff (4/19/95): The applicant was advised in writing that any significant new or revised information should be submitted no later than May 1, 1995, for consideration at the Commission's June public hearing. Also, the applicant was advised that a $50.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (5/17/95): The applicant submitted three (3) additional proffered conditions relative to right of way dedication, uses permitted and the location of the storage of the rental vehicles. (Proffered Conditions 5, 6 and 7) 95SNO214/WP/JUL Y26I Applicam (5/24/95): The applicant paid the $50.00 deferral fee. Applicant (6/6/95): Following conversations with the Bermuda District Commissioner, the applicant amended Proffered Condition 7 relative to restrictions applicable to any utility trailer or track rental use. Specifically, the applicant has restricted the size of any rental truck parked within 100 feet of Route 10 to a truck having a cargo area that does not exceed seventeen (17) feet in length. Planning Commission Meeting (6/20/95): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Cunningham, seconded by Mr. Easter, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 and 3. AYES: Unanimous. The Board of Supervisors, on Wednesday, July 26, 1995, beginning at 7:00 p.m., will take under consideration this request. 9 95SN0214/WP/JULY26I ZC C ~lllllll R-15 WESTOVER FARMS~ ¢ ¥ N ERFIELD ', ,4 HAZARD la,. --REZ:~A TO C-5 L"-:i A TO · !~C-3 TO C-5 ~IIIIIII R'15 Z¢ C R'I5 WESTOVER FARMS ¢ ¥ N ,4 ,4 LEGEND ~ WATER ..e---~$EWE~ LINES LINES ~15'3N0~- 14-1 · · · · · · · O. · · · · · · · · · N JOHNSON CREE~ CA,~E a' '9~N0214 THOROUGHFARE PLAN OOOOOCOLLECTOR mt --- sm re=EAST/WEST ROAD