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99SN0140April 14, 1999 BS REQUEST ANALYSIS AND RECOMMENDATION 99SN0140 Dynamic Assoc., L.L.C. Bermuda Magisterial District 12210 Iron Bridge Road REQUEST: Rezoning from Neighborhood Business (C-2) and Community Business (C-3) to Community Business (C-3) of 10.0 acres with Conditional Use to permit outside storage and sale of merchandise on 5.0 acres of the 10.0 acre tract. PROPOSED LAND USE: Commercial uses are planned. A Conditional Use is requested to allow outside storage and sale of merchandise, in excess of ten (10) percent of the gross floor area of a principal use, on the easternmost five (5) acres of the property. Outside storage and sale of merchandise would be permitted on the westernmost five (5) acres subject to certain restrictions. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 4. AYES: MESSRS. MARSH AND SHEWMAKE. ABSTENTION: MESSRS. GULLEY AND MILLER. ABSENT: MR. CUNNINGHAM. STAFF RECOMMENDATION Recommend denial for the following reasons: Ao The proposed zoning and land uses would be appropriate only if the overall development is designed to provide transitional uses between commercial development on the request property and adjacent, single family residences in Carver Home Sites Subdivision to the east. Specifically, while the Central Area Plan suggests that the request property is appropriate for community mixed uses, to include C-3 uses and shopping centers, the Plan also suggests that adjacent property to the east is appropriate for mixed use corridor uses, to include existing, single family residential uses. The Plan further suggests that appropriate land use transitions should be provided between higher intensity commercial uses and existing residential neighborhoods. Although a portion of the request property adjacent to Carver Home Sites is currently zoned Community Business (C-3), conditions of zoning approval for this property restricts uses to convenience business type uses and indoor/outdoor recreational facilities consisting of tennis courts, pool, clubhouse and athletic club uses. These uses are less intense than most C-3 uses and provide an appropriate transition between commercial development to the west, at the Ironbridge Road/Chalkley Road intersection, and residences in Carver Home Sites Subdivision. Co The proffers fail to address concerns relative to land use compatibility and transition. (NOTE: CONDITIONS MAY BE IMPOSED ON THE CONDITIONAL USE ASPECTS OF THIS REQUEST. BUFFER CONDITIONS MAY BE IMPOSED ON THE REZONING REQUEST. THE PROPERTY OWNER MAY PROFFER CONDITIONS.) pROFFERED CONDITIONS (CPC) 1. The uses permitted on Parcel "A", as identified on the plan prepared by Dean E. Hawkins, ASLA, dated 19 November 1998, shall be restricted to the following: a) Home Centers with accessory outside storage in excess of ten (10) percent of the gross floor area of the principal use. (Note: Outside storage areas shall be subject to the screening requirements of the Zoning Ordinance). b) Churches and/or Sunday Schools c) Eyewear sales and services d) Libraries e) Medical facilities or clinics f) Rest, convalescent or nursing homes and other group care facilities 2 99SN0140/WP/APR14K g) Banks and savings and loan associations with or without an outside public address system h) Nursery schools and child or adult care centers and kindergartens i) Florist shop j) Offices k) Schools- music, dance and business (CPC) Prior to any site plan approval, one-hundred (100) feet of right-of-way on the south side of Roue 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. (CPC) o Direct access from the property to Route 10 shall be limited to one (1) entrance/exk, located approximately midway of the Route 10 property frontage. The exact location of this access shall be approved by the Transportation Department. Prior to any site plan approval for more than 16,000 square feet of development, the existing access from the property to Route 10, located at the eastern property line, shall be eliminated, and the approved access, midway of the Route 10 proPerty frontage, shall be constructed. (CPC) To provide for an adequate roadway system, the developer shall be responsible for the following: a) Construction of an additional lane of pavement (i.e., a third through lane) along the eastbound lanes of Route 10 for the entire property frontage; b) Construction of additional pavement along the eastbound lanes of Route I0 at the approved access to provide a separate right turn lane, based on Transportation Department standards, and; c) Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required for the road improvements identified above. (cPc) o Prior to any site plan approval, a phasing plan for the roadway improvements, as identified in Proffered Condition 4, shall be submitted to and approved by the Transportation Department. 3 99SN0140/WP/APR14K (CPC) When any additional buildings or structures which generate public wastewater are constructed on this site, the public wastewater system shall be used. (CPC) When any additional buildings, structures, or land uses are developed which require water service, the existing 16 inch water lines along Route 10 to the east and west of t_he request property frontage shall be extended and connected to provide a completed connection. (CPC) o For any new impervious area which is developed on this site and drains to West Booker Boulevard, the 10-year post development runoff shall be retained and released at a 2-yr pre-developed rate. (CPC) A solid board fence, a minimum of six (6) feet in height, shall be installed within the buffer along the eastern property boundary, between and use(s) developed on the request property and the single family residential lots of Carver Home Sites subdivision located to the east. This fence may be installed with each phase of development. The exact location, design and phasing of construction of this fence shall be determined by the Planning Department at the time of site plan approval. (CPC) 10. Exterior loading docks and truck delivery doors shall be located on the southern side of the building(s) away from the single family residential lots of the Carver Home Sites subdivision located to the east. (CPC) 11. There shall be no outside storage areas or outside display areas within 70 feet of the eastern property boundary. (CPC) 12. Uses on Parcel "A", as identified on the plan prepared by Dean E. Hawkins, ASLA, dated 19 November 1998, shall not be open to the public between the hours of 10:00 PM and 7:00 AM. (CPC) 13. Solid waste storage areas shall not be serviced between the hours of 10:00 PM and 7:00 AM. (CPC) 14. Merchandise delivery shall not occur between the hours of 10:00 PM and 7:00 AM. 99SN0140/WP/APR14K GENERAL INFORMATION Location: South line of Iron Bridge Road, east of West Booker Boulevard and better known as 12210 Iron Bridge Road. Tax ID 779-652-7970 (Sheet 31). Existing Zoning: C-2 and C-3 with Conditional Use Planned Development Size: 10.0 acres Existing Land Use: Public/semi-public and vacant Adjacent Zoning & Land Use: North - C-2 with Conditional Use Planned Development; Commercial or vacant South - I-1; Vacant East - R-7; Single family residential or vacant West - C-3; Commercial UTILITIES Public Water System: There is an existing sixteen (16) inch water line extending along portions of the south side of Iron Bridge Road and ending adjacent to both the eastern and western property boundaries of the request site. The applicant has proffered to extend a sixteen (16) inch water line across the request site, adjacent to Iron Bridge Road, closing a gap in the existing public water system (Proffered Condition 7). Use of the public water system is intended and required by County Code. Public Wastewater System: There is an existing eight (8) inch wastewater collector adjacent to South Chalkley Road approximately 350 feet west of the request site. This wastewater collector has a limited service area of approximately 3.2 acres of the request site with a maximum capacity of 6,400 gallons per day. Existing conditions for zoning (Condition 4 of Case 86S101) 5 99SN0140/WP/APR14K requires the use of the public wastewater system with an extension of the public wastewater system when the wastewater infrastructure had been extended to within 500 feet of this site. In addition, this site is within the potential service area of the "Great Branch to Buxton Farm" wastewater trunk extension project which will extend the public wastewater system from Great Branch, south across Iron Bridge Road, then west to Carver Middle School, to a point approximately 1,200 feet east of the request site. It is the intent of the applicant to rezone this site to allow conversion of the existing building to a commercial use. The existing building is served by a private septic system, the continued use of which is desired by the applicant. By rezoning this site, the existing condition requiring use of the public wastewater system would no longer apply. While the nature and quantity of wastewater generated by a commercial use is not adverse to the utilization of a private septic system, it is the stated intent of the applicant to utilize the public wastewater system to serve this site in conjunction with all future development, by an extension from the "Great Branch to Buxton Farm" wastewater trunk line, or future wastewater infrastructure improvement. To address this future use, the applicant has proffered to utilize the public wastewater system at such time as any additional buildings or structures which generate public wastewater are constructed on this site (Proffered Condition 6). The Utilities Department staff finds this condition acceptable, provided County Code requirements for use of a private septic system can be met. Private Septic Tank and Drainfield System: Continued use of the existing septic system must be approved by the Health Department. ENVIRONMENTAL Drainage and Erosion: The request property drains to the southeast corner and eventually to tributaries of Swift Creek. There are no existing erosion problems. However, downstream properties are flat and experience standing water problems for extended periods. Due to poor area drainage, off-site drainage problems are anticipated unless increased runoff from development of the property is retained (Proffered Condition 8). Off-site drainage easements and improvements may be required, depending on how the property is developed. PUBLIC FACILITII~S Fire Service: This property is currently served by the Chester Fire/Rescue Station, Company Number 1 and Bensley-Bermuda Rescue Squad. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated during the plans 99SN0140/WP/APR14K review process. Also, the need to designate fire lanes will be determined during the review of the aforementioned plans. Transportation: 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 6,820 average daily trips. These vehicles will be distributed along Iron Bridge Road (Route 10) which had a 1996 traffic count of 20,428 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 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). Access to major arterials, such as Route 10, should be controlled. The applicant has proffered that direct access to Route 10 will be limited to one (1) entrance/exit, located approximately midway of the Route 10 property frontage (Proffered Condition 3). In conjunction with existing development on the property, an access was constructed to Route 10, located towards the eastern property line. The proffered condition would require that, prior to site plan approval for more than approximately 16,000 square feet of development, the existing access to Route 10 will be closed and a new access from the property to Route 10 will be constructed midway of the Route 10 property frontage. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to: 1) construct an additional lane of pavement along the eastbound lanes of Route 10 for the entire property frontage; and 2) construct additional pavement along Route 10 at the approved access to provide a separate right turn lane, based on Transportation Department standards. (Proffered Condition 4) At time of site plan review, specific recommendations will be provided regarding access and internal circulation. Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the request property is appropriate for community mixed use. The Plan notes that appropriate land use transitions should be provided between existing and future residential development and higher intensity uses. 7 99SN0140/WP/APR14K Area Development Trends: Area development is characterized by a mix of office, commercial and residential zoning and land uses along this portion of the Iron Bridge Road corridor. These development patterns are anticipated to continue in the future. On November 26, 1986, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning, amendment to a previously granted Conditional Use, and amendment to a previously granted Special Exception, with Conditional Use Planned Development to permit use and bulk exceptions, on the request property (Case 86S101). With the approval of Case 86S101, uses on the C-3 portion of the request property were restricted to Convenience Business (B-i) uses and indoor/outdoor recreational facilities consisting of tennis courts, pool, clubhouse and athletic club uses. Uses on the C-2 portion of the request property were restricted to Office Business (O) uses plus Convenience Business (B-i) uses for (30) percent of the gross floor area developed. Conditions of zoning approval for Case 86S10I addressed access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of loading areas. It should be noted that outside storage or sale of merchandise was not permitted with the approval of Case 86S101. Site Design: The request property lies within an Emerging Growth Area. Redevelopment of the site or 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. Hours of Operation: The proffers limit the hours that uses on "Parcel A" can be open to the public. (Proffered Condition 12) Architectural Treatment: Within Emerging Growth Areas, no building exterior which would be visible to any residential 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, residential, townhouse residential, 99SN0140/WP/APR14K multi-family residential or office 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, rnust be screened from public view and designed to be perceived as an integral part of the building. Junction and accessory boxes must be minimized from view of adjacent property and public rights of way. Architectural treatment of building, including materials, color and style, must be compatible with buildings located within the same project. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features. Buffers & 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 rights of way. The applicant has agreed that solid waste storage areas will not be serviced between the hours of 10:00 p.m. and 7:00 a.m. (Proffered Condition 13). 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. The applicant has further proffered that loading docks and truck delivery doors will be located on the southern side of any building. (Proffered Condition 10) With the approval of this request, outside storage would be permitted. Outside storage areas must be screened from view of adjacent properties which have no such areas and public rights of way. Also, the applicant has agreed that outside storage areas will be more than seventy (70) feet of the eastern boundary. (Proffered Condition 11) Adjacent property to the east is zoned Residential (R-7) and is occupied by single family residences and lots in Carver Home Sites Subdivision. The Zoning Ordinance requires a minimum seventy-five (75) foot buffer along the eastern property boundary of the request site, adjacent to this subdivision. At the time of site plan review, the Planning Commission may modify this buffer under certain circumstances. The applicant has agreed that a six (6) foot high fence will be installed within any buffer along the eastern property boundary. It should be noted that the conceptual plans indicate an intent to seek relief of the required buffer. Also, it is staff's experience that solid board fences tend to be a maintenance problem long term. CONCLUSIONS The proposed zoning and land uses would be appropriate only if the overall development is designed to provide transitional uses between commercial development on the request property and adjacent, single family residences in Carver Home Sites Subdivision to the east. Specifically, 9 99SN0140/WP/APR 14K the Central Area Plan suggests that the request property is appropriate for community mixed uses, to include C-3 uses and shopping centers. The Plan suggests that adjacent property to the east is appropriate for mixed use corridor uses, to include existing, single family residential uses. The Plan indicates that appropriate land use transitions should be provided between higher intensity commercial uses and existing residential neighborhoods. Although a portion of the request property adjacent to Carver Home Sites is currently zoned Community Business (C-3), conditions of zoning approval for this property restricts uses to convenience business type uses and indoor/outdoor recreational facilities consisting of tennis courts, pool, clubhouse and athletic club uses. These uses are less intense than most C-3 uses and provide an appropriate transition between commercial development to the west, at the Ironbridge Road/Chalkley Road intersection, and residences in Carver Home Sites Subdivision. The applicant's request, if approved, would allo~'this portion of the request property to be developed for a home center, with outside storage in excess of ten (10) percent of the gross floor area of the principal use, adjacent to these residences. Such uses would only be appropriate if transitional uses are provided between any C-3 development and the residential neighborhood. While the proffered conditions may assist somewhat in mitigating the impacts, they fail to provide the protection that less intense transitional uses would provide, in accordance with the recommendation of the Plan. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (12/15/98): At the request of the applicant, the Commission deferred this case to February 16, 1999. Staff (12/16/98): The applicant was advised in writing that any significant new or revised information should be submitted no later than December 30, 1998, for consideration at the Commission's February 16, 1999, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (1/13/99): The applicant submitted Proffered Conditions 9 through 13, as reflected herein, in an attempt to address the concerns of the Matoaca District Planning Commissioner relative 10 99SN0140/WP/APR14K to the impacts the proposal would have on adjacent residents in Carver Home Sites Subdivision. As styled, these conditions are either required by Ordinance or would be minimally effective in protecting the neighborhood. Applicant, Matoaca District Commissioner and Staff (1/29/99 - 2/4/99): Revisions of the proffered conditions were discussed. Additional proffered conditions may be forthcoming, based on these discussions. revisions and/or Staff (2/5/99): To date, the applicant has not paid the $150.00. In addition, no new information has been received. Applicant (2/16/99): The deferral fee was paid. The applicant submitted an amendment to Proffered Condition 7 and Proffered Conditions 9 through 14, as discussed herein. Planning Commission Meeting (2/16/99): Mr. Cunningham declared a potential conflict of interest and left the room. The applicant accepted the Planning Commission's recommendation. There was no opposition present. Mr. Marsh indicated that he had worked with the applicant to develop proffered conditions which would mitigate the impact on the neighborhood. He stated that the access would be relocated further from the neighborhood. Messrs. Miller and Gulley indicated that they were not comfortable with the structure of the case and could not support a case which does not conform to the Central Area Plan. On motion of Mr. Marsh, seconded by Mr. Shewmake, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 4. AYES: Messrs. Marsh and Shewmake. ABSTENTIONS: Messrs. Miller and Gulley. ABSENT: Mr. Cunningham. 11 99SN0140/WP/APR14K The Board of Supervisors, on Wednesday, April 14, 1999, beginning at 7:00 p.m., will take under consideration this request. 12 99SN0140/WP/APR 14K 0-2 C-2= t 'MF HEIGHTS; .& i~IC.U. SH. al ,I !. t// 11 NOI40 j REZ~C-2 8~ C-3 TO C-3 = ct~15A10140 -t