98SN0166.pdfREQUEST ANALYSIS
AND
RECOMMENDATION
April 22, 1998 BS
98SN0166
W. Courtney Wells and Rodney L. Wells
Bermuda Magisterial District
Off the south line of East Hundred Road
REOUEST: Rezoning from Residential (R-7) to Community Business (C-3).
PROPOSED LAND USE:
Commercial uses, except as restricted by Proffered Condition 4, are proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The proposed zoning and land uses conform to the Eastern Area Land Use and
Transportation Plan which suggests the property is appropriate for commercial use.
The proposed zoning and land uses are representative of existing and anticipated
area commercial zoning and land use trends along this portion of East Hundred
Road.
The requirements of the Zomg Ordinance and Development Standards Manual
ensure compatibility with existing and anticipated area residential development,
south of East Hundred Road.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNERS 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 water system shall be used.
(STAFF/CPC) 2.
A 200 foot buffer shall be maintained along the western property
boundary adjacent to GPIN 825-643-8066 and 8090 and 825-644-
7315. There shall be no access through this buffer. Except as
stated herein, this buffer shall conform to the requirements of the
Development Standards Manual for 100 foot buffers, Sections 19-
520, 19-521 (a) through (h).
(STAFF/CPC) 3.
A minimum eight (8) foot high wooden privacy fence shall be
erected and maintained along the eastern boundary of the buffer,
southward to the 100 year floodplain of the creek which forms the
southern boundary of the request property. Provided, however, if
the Resource Protection Area (RPA) of the creek is located further
from the creek than the floodplain, then the fence shall be erected
and maintained southward to the RPA and 100 feet eastward, along
the northern edge of the RPA. Nothing in this condition shall
supersede the Development Standards Manual screening
requirements for loading areas that are oriented towards the western
and southern property boundaries, provided however such
screening, where loading areas are oriented towards the western and
southern property boundaries, shall be at least eight (8) feet in
height.
(STAFF/CPC) 4.
(Note: The Development Standards Manual may require screening
of loading areas with a solid wall constructed of materials
compatible with buildings, and not a wooden fence.)
The uses on the Property shall be those permitted by right and those
permitted with restrictions in the C-3 District except that the
following uses shall not be Pemitted:
Cocktail lounges and nightclubs.
Material reclamation receiving centers.
Liquor stores.
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97SN0166/WP/APR22N
(STAFF/CPC) 5.
(STAFF/CPC) 6.
Parking lot lighting shall not exceed a height of thirty-five (35) feet.
No uses within 350 feet of the western property boundary (adjacent
to GPIN 825-643-8066 and 8090 and 825-644-7315) shall be open
to the public between the hours of 12:00 midnight and 6 a.m.
GENERAL INFORMATION
Location:
Off the south line of East Hundred Road, east of Spruce Avenue. GPIN 826-643-Part of
6483 (Sheet 43).
R-7
Size:
9.0 acres
Existing Land Use:
Vacant
Acljacelll; Zoning & Land Uses:
North - C-3; Vacant
South - R-7; Single family residential or vacant
East - R-7; Vacant
West - R-7 and C-3; Single family residential or Vacant
Public Water System:
There is an existing section of twelve (12) inch water line (which is served by an existing
six (6) inch water line) on East Hundred Road at Spruce Avenue, approximately 600 feet
northwest of the request site. Use of the public Water system is intended by the applicant
and has been proffered. (Proffered Condition 1)
3 97SN0166/WP/APR22N
Public
Due to the location and commercial nature of the proposed development, anticipated fire
flow demands for the request site may require off-site improvements and/or extensions of
the public water system. Fire flow requirements are established and coordinated through
Fire Administration.
If the existing water system cannot meet fire flow needs, the developer will be responsible
for performing an engineering study to determine what improvements/extensions/etc, will
be necessary. The cost of such will be the responsibility of the developer.
Wastewater System:
The public wastewater system is not available w the request site. The closest public
wastewater facilities within the Johnson's Creek system were not located or necessarily
sized to accommodate development of the subject site or adjacent properties west along
Route 10. Given the location and commercial nature of the proposed development, the
Utilities Department recommends that the public waStewater system be used. Use of the
public wastewater system is intended by the applicant. However, the use of the public
wastewater system has not been proffered.
The extension of the public wastewater system to this area will be difficult to achieve,
requiring early engineering investigations and cooperation with the Utilities Department
and adjacent property owners. The pursuit of this matter is the responsibility of the
developer. Any plans to extend public wastewater service should allow for service to
adjacent properties along the north and south lines of East Hundred Road. There are
several approaches that could be explored to extend public wastewater:
(1)
Relocation of the existing Johnson's Creek pump station further downstream to the
east and extension of gravity lines to the request and adjacent properties;
(2)
Bucking grade by extension of a gravity line from the existing Johnson's Creek
pump station to the property, following the natural ground contours from the pump
station across Route 10 to the site; or
O)
Installation of a private pump station to serve the request site and pumping to the
existing Johnson's Creek pump station.
Costs of engineering studies and approved improvements would be the responsibility of the
developer. The Utilities Deparunent must approve the method of any extensions or
improvements.
4
97SN0166/WP/~2N
Private Septic System:
The Health Department is responsible for reviewing and approving the use of private
systems.
ENVIRONMENTAL
Drainage and Erosion:
Most of the request property drains to the south and east, into a perennial stream, and then
under East Hundred Road to Johnson's Creek. No existing or anticipated on- or off-site
drainage or erosion problems. Off-site easements and drainage improvements may be
required to accommodate runoff from development of portions of the property that do not
drain directly into the adjacent perennial stream.
Water Ouali .ty:
The adjacent perennial stream is designated as a Resource Protection Area (RPA). A 100
foot conservation area is required adjacent to this stream to preserve water quality, in
accordance with Chesapeake Bay Act requirements.
PUBLIC FACILITIES
Fire Service:
The Public Facilities Plan indicates that Emergency Services calls are expected to increase
forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are
recommended for construction by the year 2015 in the Public Facilities Plan. This
property is currently served by the Enon Fire/Rescue Station, Company Number 6 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 site and construction plans review processes.
Also, the need for fire lanes will be determined during the review of the aforementioned
plans.
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 6,620 average daily trips. These vehicles will be distributed along
East Hundred Road (Route 10) which had a 1996 traffic count of 21,026 vehicles per day.
5 97SN0166/WP/~2N
The applicant is requesting rezoning to Community Business (C-3) of the southern part
(a~roximately nine (9) acres) of an approximate fifteen (15) acre parcel. The northern part
of this parcel that fronts along Rome 10 is already zoned (C-3). The applicant has indicated
an inteution to market the entire fifteen (15) acre parcel for commercial development. At
such time site plans are submitted for the overall parcel, recommendations will be made
regarding: dedication of right-of-way along Route 10, in accordance with the Thoroughfare
P,.I.~; access control along Route 10, limiting direct access for the parcel to one (1)
entrance/exit; and construction of mitigating road improvements, to include an additional
lane of pavement along Route 10 for the entire property frontage; and closing an existing
crossover on Route 10.
The existing crossover on Route 10, east of the Rome 1 O/Spruce Avenue intersection, is
located along the fifteen (15) acre parcel frontage. Because of inadequate separation between
crossovers in this area, the Route 10 Crossover Plan recommends that this crossover, just east
of the Route 10/Spruce Avenue intersection, be closed. Access to a crossover on Rome 10
for the parcel could be obtained via Spruce Avenue.
At time of site plan review, additional recommendations regarding internal circulation will
be provided.
Lies within the boundaries of the Eastern Area Land Use and Transportation Plan which
suggests the request property and area properties along this portion of East Hundred Road
are appropriate for commercial use.
Area Development Trends:
Properties along this portion of the East Hundred Road corridor are zoned for a mix of
commercial and residential uses and are currently vacant or occupied by commercial uses.
Properties south of the corridor are zoned residentially and are occupied by single family
residences in subdivisions or on acreage parcels or remain vacant. It is anticipated that
these development patterns will continue.
The request property lies within the East Hundred Road Emerging Growth Area. New
construction must conform to the requirements of the Development Standards Manual
which address access, parking, landscaping, architecutral treatment, setbacks, signs,
buffers, utilities, and screening of dumpsters and loading areas.
97SN0166/WP/APR22N
The request property lies adjacent to commercially zoned parcels along Ea_.st Hundred Road
and Spruce Avenue, to the north and west. It is anticipated that development on the
request property will access through these adjacent parcels to East Hundred Road and
Spruce Street.
A Resource Protection Area (RPA) lies along the southern and eastern boundaries of the
site, between the request property and existing and anticipated area residential
development. This RPA, together with the setback, buffering and screening requirements
of the Development Standards Manual, ensure adequate separation between development
on the request property and area residential uses.
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 residential 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.
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 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 such area within 1,000 feet of any residentially
zoned property or property 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 prope~ where loading areas are prohibited and
from public rights of way.
With the approval of this request, outside storage would be permitted as a restricted use.
Outside storage areas must be screened from view of adjacent properties which have no
such areas and public rights of way.
Adjacent properties to the south, east and southwest are zoned Residential (R-7) and are
occupied by single family residences or remain vacant. The Zoning Ordinance requires
7 97SN0166/WP/APR22N
a minimum seventy-five (75) foot buffer along the south, east and southwest property
boundaries of the request site, adjacent to these residentially zoned properties. The
applicant has agreed to a 200 foot buffer adjacent to the western boundary (Proffered
Conditions 2 and 3). At the time of site plan review, with the exception of the 200 foot
buffer, the Planning Commission may modify this buffer under certain circumstances. In
addition, at such time that adjacent residential property is zoned or utilized for a non-
residential use, the buffer can be further reduced or eliminated.
As previously noted, the southern and eastern botmdaries of the request property have been
identified as containing a Resource Protection Area (RPA). Any development within this
RPA, including required landscaping to accommodate required buffers and screening, must
conform to local, State and Federal regulations with respect to improvements within
RPA's. Additional landscaping, typically required for buffers, might not be appropriate
or permitted within the RPA and, therefore, it may be necessary to provide required
landscaping and szreening outside the limits of the R.PA.
CONCLUSIONS
The proposed zoning and land uses conform to the Eastern Area Land Use and Tra~_ ortation Plan
which suggests the property is appropriate for commercial use, and are representative of existing
and anticipated area commercial zoning and land use trends along this portion of East Hundred
Road. In addition, the requirements of the Zoning Ordinance and Development Standards Manual
ensure compatibility with existing and anticipated area residential development, south of East
Hundred Road.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/20/98):
At the request of the applicants, the Commission deferred this case to March 17, 1998.
Staff (1/22/98):
The applicants were advised in writing that any significant new or revised information
should be submitted no later than January 27, 1998, for consideration at the Commission's
March 17, 1998, public hearing. Also, the applicants were advised that a $150.00 deferral
fee must be paid prior to the Commission's public hearing.
97SN0166/WP/APR22N
Applicants, Bermuda District Planning Commissioner, Area Residents and Staff (1/29/98):
A meeting was held to discuss the proposed rezoning. Concerns were raised by area
residents about how commercial development on the request property could impact the
neighborhood. The applicant agreed to work with area residents and staff to address these
concerns.
Applicants, Bermuda District Planning Commissioner, Area Residents and Staff (2/26/98):
A meeting was held to discuss proposed proffered conditions to address the concerns of
area residents.
Applicants, Bermuda District Planning Commissioner, Area Residents and Staff (3/5/98):
The applicants' representative informed staff that additional proffered conditions to address
the concerns of area residents, most likely will be submitted prior to the Planning
Commission meeting. Staff advised the applicants' representative of the desirability of
submitting the prcffered conditions in time for their review by the Planning Commission,
area residents, and staff well in advance of the public hearing on March 17, 1998.
Applicants (3/6/98):
To date, the applicants have not paid the $150.00 deferral fee.
Staff (3/6/98):
To date, no new information has been received. Should the applicant submit additional
proffered conditions prior to the Planning Commission's public hearing, staff will attempt
to general an addendum.
Applicants (3/9/98):
Proffered Conditions 2 through 6 were submitted in an attempt to address neighborhood
concerns.
9 97SN0166/WP/APR22N
Applicants (3/12/98):
The $150.00 deferral fee was paid.
Planning Commission Meeting (3/17/98):
The applicants accepted the recommendation. There was no opposition present.
On a motion of Mr. Cunningham, seconded by Mr. Marsh, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 and 3.
AYES: Ulmnimous.
The Board of Supervisors, on Wednesday, April 22, 1998, beginning at 7:00 p.m., will take under
consideration this request.
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97SN0166/WP/APR22N
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98SN0166
In Bermuda Magisterial District, W. COURTNEY WELLS AND RODNEY
L. WELLS requested rezoning and amendment of zoning district
map from Residential (R-7) to Community Business (C-3) . The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for commercial use.
This request lies on 9.0 acres lying approximately 200 feet
off the south line of East Hundred Road, measured from a
point approximately 575 feet east of Spruce Avenue. GPIN
826-643-Part of 6483 (Sheet 43) .
Mr. Jacobson presented a summary of Case 98SN0166 and stated
that staff and the Planning Commission recommend approval and
acceptance of the proffered conditions. He noted that the
request conforms to the Eastern Area Land Use and
Transportation Plan.
Mr. Rodney L. Wells stated that the recommendation is
acceptable.
Ms. Margie Dowden expressed appreciation to staff for their
4/22/98
98-288
efforts in working with area residents regarding this
request.
On motion of Mr. McHale, seconded by Mr. Warren, the Board
approved Case 98SN0166 and acceptance of the following
proffered conditions:
1. The public water system shall be used.
A 200 foot buffer shall be maintained along the western
property boundary adjacent to GPIN 825-643-8066 and 8090
and 825-644-7315. There shall be no access through this
buffer. Except as stated herein, this buffer shall
conform to the requirements of the Development Standards
Manual for 100 foot buffers, Sections 19-520, 19-521 (a)
through (h) .
A minimum eight (8) foot high wooden privacy fence shall
be erected and maintained along the eastern boundary of
the buffer, southward to the 100 year floodplain of the
creek which forms the southern boundary of the request
property. Provided, however, if the Resource Protection
Area (RPA) of the creek is located further from the
creek than the floodplain, then the fence shall be
erected and maintained southward to the RPA and 100 feet
eastward, along the northern edge of the RPA. Nothing
in this condition shall supersede the Development
Standards Manual screening requirements for loading
areas that are oriented towards the western and southern
property boundaries, provided however such screening,
where loading areas are oriented towards the western and
southern property boundaries, shall be at least eight
(8) feet in height.
(Note: The Development Standards Manual may require
screening of loading areas with a solid wall constructed
of materials compatible with buildings, and not a wooden
fence.)
The uses on the Property shall be those permitted by
right and those permitted with restrictions in the C-3
District except that the following uses shall not be
permitted:
Cocktail lounges and nightclubs.
Material reclamation receiving centers.
Liquor stores.
Parking lot lighting shall not exceed a height of
thirty-five (35) feet.
No uses within 350 feet of the western property boundary
(adjacent to GPIN 825-643-8066 and 8090 and 825-644-
7315) shall be open to the public between the hours of
12:00 midnight and 6 a.m.
Ayes:
Nays:
Humphrey, Warren, Barber, Daniel, and McHale.
None.
4/22/98
98-289