08SN0197
April 15, 2008 CPC
May 28, 2008 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0197
The Phoenix L.P.
Bermuda Magisterial District
South line of West Hundred Road
REQUEST:Conditional Use to permit limited Community Business (C-3) uses in a General
Industrial (I-2) District.
PROPOSED LAND USE:
Commercial usesareplanned.Proffered conditions would limit uses to those
permitted by right or with restrictions in the General Industrial (I-2) District plus
several commercial uses. (Proffered Condition 1)
PLANNING COMMISSION RECOMMENDATION
Recommend approval and acceptance of the Proffered Conditions on page 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A.The proposed land uses do not conform to the Consolidated Eastern Area Plan
which suggests the property is appropriate for light to moderate industrial uses.
B.The proposed zoning and land uses are not representative of, nor compatible with,
existing and anticipated area development. Further, piecemeal strip commercial
development could potentially discourage investment and reinvestment in areas
designated on the Plan for industrial development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½»
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BYSTAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The Owner-Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors
or assigns, proffers that the development of the property known as Chesterfield County Tax ID
810-652-2734 (9.8 acres) will be developed as set forth below; however, in the event the request
is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers and
conditions shall be immediately null and void and of no further force or effect.
(CPC)1.Uses shall be limited to those permitted by right or with restrictions in the
General Industrial (I-2) district plus the following uses:
(a)Schools – commercial, trade, vocational and training.
(b)Recreational establishments, commercial-indoor.
(c)Repair shops.
(d)Feed, seed, and ice sales.
(e)Motor vehicle sales, service, repair and rental, excluding motor
vehicle consignmentlots, provided that:
(i)Such use shall be limited to motorcycles.
(ii)All service, repair and storage of such vehicles, to include
those awaiting repair, shall occur inside the building(s).
Any outside display of such vehicles for sale or rent shall
not be continuous; shall be located under a covered
walkway; and shall not obstruct pedestrian access.
(f) Appliance stores.
(g)Bicycle sales and rentals.
(h)Motor vehicle accessory stores.
(i)Paint and wallpaper stores.
(j)Rental of health and party equipment; and small home hardware. (P)
(k)Schools – music, dance, and business.
(l)Sporting goods sales. (P)
(CPC) 2. Access - Route 10. No direct vehicular access shall be provided from the
property to West Hundred Road (Route 10). (T)
î ðèÍÒðïçéóÓßÇîèóÞÑÍóÎÐÌ
GENERAL INFORMATION
Location:
South line of West Hundred Road, west of Rivers BendRoad. Tax ID 810-652-2734.
Existing Zoning:
I-2 with Conditional Use
Size:
9.8 acres
Existing Land Use:
Industrial
Adjacent Zoning and Land Use:
North - MH-1 and I-1; Manufactured home park or vacant
South and West – I-2; Vacant
East - A; Vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending within an easement across the
northern portion of this site. The request site is connected to the public water system. Use
of public water is required by County Code to serve any future structures built on this site.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending from the south to
serve the request site. The request site is connected to the public wastewater system. Use
of the public wastewater system is required by County Code to serve any future structures
built on this site.
ENVIRONMENTAL
Drainage and Erosion:
This request will have minimal impact upon these facilities.
í ðèÍÒðïçéóÓßÇîèóÞÑÍóÎÐÌ
PUBLIC FACILITIES
Fire Service:
The Rivers Bend Fire Station 18 currently provides fire protection and emergency medical
service (EMS). This request will have a minimal impact fire and EMS.
Transportation:
In August 1993, the Board of Supervisors approved a rezoning request (Case 93SN0258)
consisting of approximately sixty-one (61) acres to permit truck/tractor/trailer, heavy
equipment and parts sales, service and repair. The sixty-one (61) acre parcel has frontage
along West Hundred Road (Route 10) and along Old Bermuda Hundred Road. Staff
recommended denial of that rezoning requestbecause the applicant failed to adequately
address the transportation impact by committing to provide customary road improvements,
such as an additional lane of pavement along Route 10 for the property frontage and a left
turn lane/shoulder improvements along Old Bermuda Hundred Road. The Board approved
that rezoning request without a requirement for those road improvements. The subject
property (9.8 acres) was part of that sixty-one acre parcel, and therefore staff has not
suggested that the applicant provide an additional lane of pavement along Route 10.
The applicant is requesting a Conditional Use to allow, in addition to the General
Industrial (I-2) uses currently permitted, some Community Business (C-3) uses to be
developed on the property. This request will have a minimal impact on the anticipated
traffic that will be generated by development of the property. Vehicles generated by this
development will be initially distributed along Route 10, which had a 2006 traffic count of
42,982 vehicles per day. The capacity of Route 10 between Interstate 95 and Meadowville
Road/Old Bermuda Hundred Road is acceptable (Level of Service D) for the volume of
traffic it currently carries. Included in the Six-Year Improvement Plan is a project to
widen Route 10 from Route 1 to the Meadowville Road/Old Bermuda Hundred Road
intersection. A construction schedule has not been established by VDOT for this project.
As part of the approved bond referendum, the county has an interim improvement project
to widen Route 10 from Interstate 95 to Ware Bottom Spring Road, including replacement
of the bridge over the Seaboard Coastline Railroad. Construction of this project is
anticipated to begin in summer of 2010.
Vehicular access to major arterials, such as Route 10, should be controlled. The property
has been developed with no direct vehicular access to Route 10. Access to Route 10 is
provided through the adjacent parcel to the west. The applicant has proffered that no
direct vehicular access will be provided from the property to Route 10. (Proffered
Condition 2)
The Virginia Department of Transportation’s (VDOT) “Chapter 527” regulations, dealing
with development Traffic Impact Study requirements, have been enacted. Staff has been
meeting with VDOT to attempt to understand the process and the impact of the
regulations. At this time, it is uncertain what impact VDOT’s regulations will have on the
ì ðèÍÒðïçéóÓßÇîèóÞÑÍóÎÐÌ
development process or upon zonings approved by the county. The applicant has indicated
that a Chapter 527 Traffic Study is not required for this zoning request.
LAND USE
Comprehensive Plan:
Lies within the boundaries of theConsolidated Eastern Area Plan which suggests the
property is appropriate for light to moderate industrial uses. One of goals of the Plan is to
optimize economic development opportunities along the I-95 Corridor. Specifically,
vacant land as well as improved properties located within areas designated on the Plan for
industrial use should be reserved for industrial and other employment-generating uses.
Piecemeal, strip commercial development that serves smaller markets should be
discouraged.
Area Development Trends:
Area properties are zoned Light Industrial (I-1),General Industrial (I-2) and Agricultural (A)
and are currently vacant, or are developed as part of the Harbour East Village manufactured
home park. It is anticipated that properties within proximity to the I-95 Corridor will develop
for industrial uses, consistent with the recommendations of thePlan.
Zoning History:
On October 10, 1973, the Board of Supervisors approved the rezoning of a 158-acre tract
to General Industrial (M-2) subject to the provision of a buffer along West Hundred and
Old Bermuda Hundred Roads. (Case 73SN0121)
On August 25, 1993, the Board of Supervisors, upon a favorable recommendation by the
Commission, approved an amendment to Case 73SN0121 relative to buffers and a
Conditional Use to permit truck/tractor/trailer, heavy equipment and parts sales, service
and repair on a sixty-one (61) acre portion of this site (93SN0258). The subject property
was included in this request.
Development Standards:
The request property lies within an Emerging Growth District Area. The purpose of the
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, pedestrianaccess, architectural
treatment, setbacks, signs, buffers, utilities and screening of dumpsters and parking areas.
In addition, the property is located within the Route 10 Corridor East area. Within this area,
the Zoning Ordinance addresses yard requirements, architecture and internal circulation.
ë ðèÍÒðïçéóÓßÇîèóÞÑÍóÎÐÌ
Uses:
Proffered Condition 1 limits uses to those permitted by right or with restrictions in the
General Industrial (I-2) District plus several commercial uses that are first permitted by right
in the Neighborhood Business (C-2) or Community Business (C-3) Districts. With the
exception of schools providing commercial, trade, vocational or technical training (Proffered
Condition 1.a), this list represents typical retail-oriented development serving neighborhood
or community-wide trade areas.
CONCLUSION
The proposed land uses do not conform to theConsolidated Eastern Area Plan which suggests the
property is appropriate for light to moderate industrial use. One of the goals of the Plan is to
optimize economic development opportunities along the I-95 Corridor in part, by reserving such
properties for industrial and other employment-generating uses. Further, the proposed zoning and
land uses are representative of, and compatiblewith, existing and anticipated area development.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (4/14/08):
Revised proffered conditions to further restrict permitted uses were submitted.
Planning Commission Meeting (4/15/08):
The applicant did not accept staff’s recommendation, but did accept the Commission’s
recommendation. There was no opposition present.
Mr. Hassen indicated that in his opinion the Route 10 frontage is best suited for
commercial development with industrial uses located to the rear of the commercial area.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended approval
and acceptance of the Proffered Conditions on page 2.
AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
The Board of Supervisors, on Wednesday, May 28, 2008, beginning at 6:30 p.m., will take under
consideration this request.
ê ðèÍÒðïçéóÓßÇîèóÞÑÍóÎÐÌ