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06SN0256 I) October 24, 2007 BS ADDENDUM 06SN0256 Henry E. Myers, Jr. (General Partner of Myers Family Partnership) Dale Magisterial District Southeast quadrant of Frith Lane and Lori Road REQUEST: Rezoning from Agricultural (A) to Corporate Office (0-2). PROPOSED LAND USE: Office uses are planned. On October 23,2007, the applicant, at the request of Mr. Miller, submitted an additional proffered condition limiting the amount of development with access only to Frith Lane on Lori Road. Staff recommends acceptance of the additional proffered condition. (NOTE: SINCE THE ADDITIONAL PROFFER WAS SUBMITTED SUBSEQUENT TO THE ADVERTISEMENT OF THE CASE, IT WOULD BE NECESSARY FOR THE BOARD TO SUSPEND THE PROCEDURES TO CONSIDER THE ADDmONAL PROFFER.) PROFFERED CONDITION 2. Building permits shall not be issued on more than 20,000 gross square feet of building area with access only to Lori Road and/or Frith Lane. (P) Providing a FIRST CHOICE community through excellence in public service 06SN0256-0CT24-BOS-ADD May 16, 2006 CPC July 18, 2006 CPC September 19, 2006 CPC January 16, 2007 CPC April 17, 2007 CPC May 23, 2007 BS June 27, 2007 BS August 22, 2007 BS October 24, 2007 BS STAFF?S REQUEST ANALYSIS AND RECOMMENDATION 06SN0256 Henry E. Myers, Jr. (General Partner of Myers Family Partnership) Dale Magisterial District Southeast quadrant of Frith Lane and Lori Road REQUEST:Rezoning from Agricultural (A)to Corporate Office (O-2). PROPOSED LAND USE: Office uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MESSRS. GECKER, GULLEY, LITTON AND WILSON. NAY: MR. BASS. STAFF RECOMMENDATION Recommend approval forthe following reasons: A.The proposed zoning and land uses conform to the Central Area Plan which suggests the property is appropriate for mixed use corridor uses to include office and residential. B.The proposed zoning and land uses are representative of, and compatible with, existing and anticipated area development. Providing a FIRST CHOICE community through excellence in public service (NOTE: THE ONLY CONDITION THAT MAYBE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFEROTHER CONDITIONS. THE CONDITIONS NOTED WITH ?STAFF/CPC? WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLYA ?STAFF? ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLYA ?CPC? ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITION (STAFF)Public wastewater system shall be used. (U) GENERAL INFORMATION Location: Southeast quadrant of the intersection of Lori Road and FrithLane. Tax ID 769-663-Part of 9114 (Sheet 25). Existing Zoning: A Size: 6.9 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North and West? R-TH and A; Townhouses and single family residential South and East; ? A; Vacant UTILITIES Public Water System: There is an existing eight (8) inch extending along the north side of Lori Road, opposite the request site. Use of the public water system is required by County Code. Public Wastewater System: A ten (10) inch wastewater sub-trunk line extends across Lori Road and continues across the eastern portion of the Myers property not proposed for rezoning, approximately 400 2 06SN0256-OCT24-BOS-RPT feet southeast of the request site. Use of the public wastewater system is intended and has been proffered. (Proffered Condition) ENVIRONMENTAL Drainage and Erosion: The subject property drains to the north andthen via storm sewers and open channels to Proctor?s Creek. There are currently no known on- or off-site drainage or erosion problems and none are anticipated after development. The entire property exhibits characteristics of wetlands and these wetlands may or may not exist in the portion of the property being requested for re-zoning. PUBLIC FACILITIES Fire Service: Airport Fire Station, Company Number 15, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on fire and EMS. Transportation: This request will not limit development to a specific land use; therefore, it is difficult to anticipate traffic generation. Based on general office trip rates, development could generate approximately 850 average daily trips. Traffic generated by this development will be distributed along Iron Bridge Road (Route 10), which had a 2004 traffic volume of 26,520 vehicles per day between Beach Road and Route 288. Based on the volume of traffic it carried during peak hours, Route 10 in this area was functioning at an acceptable level. (Level of Service C) During site plan review, specific recommendations will be made regarding access and internal circulation. LAND USE Comprehensive Plan: Lies within the boundaries of theCentral Area Plan which suggests the property is appropriate for mixed use corridor uses which includes office and residential land uses. Area Development Trends: The area is characterized by Chesterfield County governmental uses and residential land uses. The parent parcel is zoned Agricultural (A), and it is staff?s understanding the existence of wetlands mayhinder development of that portion of the property. 3 06SN0256-OCT24-BOS-RPT Development Standards: The request property currentlylies within an Emerging Growth Area. Thepurposeofthe Emerging Growth District Standards is to promote high quality, well-designed projects. Development of the site 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. Architectural Treatment: In addition to Emerging Growth Districtrequirements for architectural treatment, the Zoning Ordinance requires that buildings in this area be compatible with Federalist and Colonial architecture and be compatible with buildings located in the same block or directly across the road, unless otherwise approved by the Director of Planning based upon existence of buildings not meeting the standards. CONCLUSION The proposed zoning and land uses conform to theCentral Area Plan, which suggests the property is appropriate for mixed use corridor use. In addition, the proposed zoning and land uses are representative of, and compatible with,existing and anticipated area development. Given these considerations, approvalof this request is recommended. CASE HISTORY Planning Commission Meeting (5/16/06): At the request of the applicant, the Commission deferred this case to July 18, 2006. Staff (5/17/06): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 22, 2006, for consideration at the Commission?s July 18, 2006, public hearing. Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the Commission?s public hearing. Applicant (6/1/06): The deferral fee was paid. 4 06SN0256-OCT24-BOS-RPT Staff (6/28/06): To date, no new information has been submitted. At the request of the Dale District Commissioner, a community meeting has been scheduled on this request for July 31, 2006. Planning Commission Meeting (7/18/06): On their own motion, the Commissiondeferred this case to September 19, 2006. Staff (7/19/06): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 24, 2006, for consideration at the Commission?s September 19, 2006, public hearing. Area Property Owners, Applicant, Staff and Dale District Commissioner (7/31/06): Ameeting was held to discuss this case. Concerns were expressed relative to the impact of the proposal on Lori Road, to include buffers, setbacks, access and traffic; and the need to establish a plan of development for the entire parent parcel. Staff (8/28/06): To date, no new information has been submitted. Planning Commission Meeting (9/19/06): At the request of the applicant, the Commission deferred this case to January 16, 2007. Staff (9/21/06): 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. 5 06SN0256-OCT24-BOS-RPT Staff (12/4/06): To date, no new information has been submitted. The deferral fee has not been paid. Applicant (1/8/07): The deferral fee was paid. Planning Commission Meeting (1/16/07): At the request of the applicant, the Commission deferred this case to April 17, 2007. Staff (1/17/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 12, 2007, for consideration at the Commission?s April 17, 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 (4/6/07): To date, no new information has been submitted. The $130.00 deferral fee was paid. Planning Commission Meeting (4/17/07): The applicant accepted staff?s recommendation, but did not accept the Commission?s recommendation. There was opposition present expressing concerns relative to access to Lori Road and the resulting traffic impact. Mr. Litton indicated that he had attempted to work with property owners to develop an access plan for the area which would provide access from this property through the parent parcel (of the subject property) to the south; however, the applicant had been unwilling to address such a proposal. He indicated that sole access to Lori Road would only exacerbate the congestion at the Lori Road/Beach Road/Ironbridge Road intersection. 6 06SN0256-OCT24-BOS-RPT On motion of Mr. Litton, seconded by Mr. Wilson, the Commission recommended denial. AYES: Messrs. Gecker, Gulley, Litton and Wilson. NAY: Mr. Bass. Board of Supervisor?s Meeting (5/23/07): On their own motion, the Board deferred this case to their June 27, 2007, meeting. Staff (5/24/07): The applicant was advised in writing that any significant new or revised information should be submitted no later than May 29, 2007 for consideration at the Board?s July public hearing. Staff (6/5/07): To date, no new information has been submitted. Board of Supervisors? Meeting (6/27/07): On their own motion, the Board deferred this request to August 22, 2007. Staff (6/28/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than July 2, 2007, for consideration at the Board?s August public hearing. Staff (7/19/07): To date, no new information has been submitted. Board of Supervisor?s Meeting (8/22/07): On their own motion, the Board deferred this case to their October 24, 2007, public hearing. 7 06SN0256-OCT24-BOS-RPT Staff (8/23/07): The applicant was advised in writing that any significant new or revised information should be submitted no later than August 29, 2007, for consideration at the Board?s October public hearing. Staff (9/28/07): To date, no new information has been received. The Board of Supervisors, on Wednesday, October 24, 2007, beginning at 6:30 p.m., will take under consideration this request. 8 06SN0256-OCT24-BOS-RPT This page is blank.