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98SN0261.PDFAugust 26, 1998 BS REQUEST ANALYSIS AND RECOMMENDATION 98SN0261 Reuben J. Waller, Jr. Matoaca Magisterial District 11212 Iron Bridge Road REQUEST: Rezoning from Residential (R-7) to Community Business (C-3) with Conditional Use to permit continuous outside display. PROPOSED LAND USE: The property is a currently occupied by a convenience store with gasoline sales which was developed under a previously approved Conditional Use Planned Development (Case 82S040). The applicant plans to have continuous outside display of merchandise for sale on the property. In addition, with approval of this request other C-3 uses would be permitted. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. STAFF RECOMMENDATION Recommend approval for the following reasons: The request site lies within the boundaries of the Central Area Plan which suggests the property is appropriate for general industrial use. However, commercial uses, to include a shopping center, have developed in the vicinity of the request property since 1983. Since cormnercial uses exist on the property, continued commercial use of the property is appropriate. The proposed zoning and land use is representative of existing area commercial development. The recommended conditions and proffered conditions mitigate the impact the continuous outside display area may have on adjacent properties and public rights of way and address concerns relative to right of way dedication. (NOTES: CONDITIONS MAY BE IMPOSED ON THE USES WHICH ARE THE SUBJECT OF THE CONDITIONAL USE OR THE PROPERTY OWNERS MAY PROFFER CONDITIONS. THE ONLY CONDITION THAT MAY BE IMPOSED ON THE REZONING 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.) CONDITIONS (STAFF/CPC) 1. Continuous outside display that is the subject of the Conditional Use shall be limited to the area designated as "Proposed Continuous Outside Display Area" as shown on the plan dated 1-13-97, prepared by Harvey L. Parks, Inc. and submitted with the application. (P) (NOTE: Any other area of the site used for continuous outside display must meet the provisions of the Zoning Ordinance, Section 19-159 (i).) (STAFF/CPC) 2. Landscaping shall be installed along Landfill Drive so as to minimize the view of the "Proposed Continuous Outside Display Area" as shown on the plan from view along Landfill Drive. Prior to utilization of the "Proposed Continuous Outside Display Area," a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval and the approved landscaping installed or bonded. (P) PROFFERED CONDITIONS (STAFF/CPC) 1. Prior to site plan approval, one hundred feet of right-of-way on the west side of Route 10, measured from the centerline of that part of 2 98SN0261/WP/AUG26M Route 10 immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (STAFF/CPC) 2. There shall not be permitted the bulk (non-bagged) outside display of sand, gravel, topsoil, stone, mulch, or similar material. GENERAL INFOILMATION Location: Fronts the west line of Iron Bridge Road and is better known as 11212 Iron Bridge Road. Tax ID 773-656-7951 (Sheet 31). Existing Zoning: R-7 with Conditional Use Planned Development Size: 1.6 acres Existing Land Use: Commercial Adjacent Zoning & Land Use: North - R-7 with Conditional Use Planned Development; Office South - R-7 with Conditional Use Planned Development; Office East - C-2 with Conditional Use Planned Development; Vacant West - R-7; Public/semi-public (water tank) UTILITIES Public Water System: There is an existing thirty (30) inch water line extending along the south side of Landfill Drive, adjacent to the request site. In addition, there is an existing thirty (30) inch water line extending along the west side of Iron Bridge Road adjacent to the request site. The existing structure is connected to the public water system. Continued use of the public water system is required by County Code and is intended. 3 98SN0261/WP/AUG26M Public Wastewater System: There is an existing eight (8) inch wastewater collector extending along Iron Bridge Road adjacent to the request site. The request site is contained within the "Route 10/Landfill Drive Sewer Assessment District" and is paying the minimum sewer rate but has not been connected to the public wastewater system. Continued use of the public wastewater system is required by County Code and is intended. ENVIRONMENTAL Drainage and Erosion: There are no existing or anticipated on- or off-site drainage or erosion problems. PUBLIC FACILITIES Fire Service: This property is currently served by the Airport Fire/Rescue Station, Company Number 15 and Rescue 15. Considering the nature of this request, it will generate a negligible increase in the number of emergency calls for fire and rescue services per year. Transportation: This request will not limit development to a specific land use: therefore, it is difficult to anticipate traffic generation. Land uses currently permitted on the property, such as fast food restaurant and convenience store with gasoline sales could generate similar traffic volumes as land uses permitted by the requested rezoning (C-3). This requested rezoning will have a minimal impact on the anticipated traffic generated by development of the property. The Thorouehfare Plan identifies Iron Bridge Road (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 ttom the centerline of Route 10, in accordance with that Plan. (Proffered Condition 1) Development must adhere to the Development Standards Manual in the Zoning Ordinance relative to access and internal circulation (Division 5). The property has been developed for a convenience store with gasoline sales. In conjunction with that existing development. a direct access was constructed to Route l0 at the sOuthern property line. This access is shared with the adjacent parcel to the south. Additional accesses to the convenience store were also constructed to Landfill Drive. The access to Landfill Drive closest to Route 10 and the Route 10 access do not meet current access spacing standards. At such time the 4 98SN0261/WP/AUG26M property is redeveloped resulting in a significant increase in traffic generation, staff will recommend elimination/modification of these accesses in accordance with Transportation Department standards. At time of site plan review, specific recommendations will be provided regarding access and internal circulation, LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for general industrial use. Area Development Trends: Office and commercial uses, to include a shopping center, have developed on the site and in the surrounding area since 1983. Property to the south has been developed for commercial and office uses. Properties to the north and east are zoned and developed for office and commercial uses or remain vacant. Adjacent property to the west is zoned Residential (R-7) and is occupied by a County water tank. Commercial uses are expected to remain in the immediate vicinity of the request site. Zoning History.: On August 25, 1982, the Board of Supervisors, upon a favorable recommendation from the Planning commission, approved a Conditional Use Planned Development to permit the sale of gasoline, a convenience store and the repair of motor vehicles on the request property. (Case 82S040) On December 12, 1984, the Board of Supervisors denied an amendment to Case 82S040 to permit an internally lighted sign and approved an amendment to permit a fast food restaurant on the request property. (Case 84S189) Site Design: The request property lies within an Emerging Growth Area and has been developed for commercial use. Redevelopment of the site or new construction must conform to the requirements of the Development Standards Manual which address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities, and screening of dumpsters and loading areas. 5 98SN0261/WP/AUG26M The applicant submitted a plan depicting an area proposed for outside display. Continuous outside display of merchandise for sale is allowed as a restricted use in a C-3 District, provided that: merchandise is located under a covered pedestrian way that does not exceed sixteen (16) feet in width; no more than five (5) percent of the gross floor area of the principal use is used for outside display purposes; and · merchandise is displayed so that it does not obstruct pedestrian access. If the above restrictions cannot be met, the use may be allowed through Conditional Use. The applicant is requesting a Conditional Use to be allowed to exceed the five (5) percent gross floor area restriction and to be allowed to have the use in an area that is not under a covered pedestrianway. Imposition of Condition 1 would prohibit any other portion of the property from being used for continuous outside display unless it meets the provisions of the Zoning Ordinance for such uses, The applicant has als0 agreed that there would be nv outaid~ display of bulk (non bagged) naaterlal. (]Proffered Condition 2> Architectural Treatment: The property lies within an Emerging Growth Area. Any new construction or redevelopment on the site must comply with the requirements of the Emerging Growth Area. Within Emerging Growth Areas, no building exterior which would be visible to any R 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 R 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 & Screeninz: The Zoning Ordinance requires 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 and that such area within 1,000 feet of any A, R, R-TH or R-MF District not be serviced between the hours of 9:00 p.m. and 6:00 a.m. In addition, sites must be designed and buildings 6 98SN0261/WP/AUG26M oriented so that loading areas are screened from any property where loading areas are prohibited and from public rights of way. Imposition of Condition 2 will minimize the view of the continuous outside display area which is the subject of this Conditional Use from Landfill Drive. 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. CONCLUSIONS The request site lies within the boundaries of the Central Area Plan which suggests the property is appropriate for general industrial use. However, commercial uses, to include a shopping ccnter, have developed in the vicimty of the request property since 1983. Since con~mercial uses exist on the property, continued commercial use of the property is appropriate. The recommended conditions and proffered conditions mitigate the impact the continuous outside display area may have on adjacent properties and public rights of way and address concerns relative to right of way dedication. Given these considerations, approval of this request is recommended. CASE HISTORY Plam~ing Commission Meeting (7/21/98): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended approval of this request subject to the conditions and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Shewmake, Marsh, Cunningham and Gulley. ABSENT: Mr. Miller. The Board of Supervisors, on Wednesday, August 26, 1998, beginning at 7:00 p.m., will take under consideration this request. 7 98SN0261/WP/AUG26M A A 7 / ELEV. = 98SN0261 In Matoaca Magisterial District, REUBEN J. WALLER, JR. requested rezoning and amendment of zoning district map from Residential (R 7) to Community Business (C 3) with Conditional Use to permit continuous outside display. The density of such amendment will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for general industrial use. This request lies on 1.6 acres known as 11212 Iron Bridge Road. Tax ID 773 656 7951 (Sheet 31). Mr. Jacobson presented a summary of Case 98SN0261 and stated that the Planning Commission and staff recommends approval subject to conditions and acceptance of the proffered conditions. Mr. Reuben J. Waller Jr., acceptable. Mrs. Humphrey clarified stated that the recommendation is that the applicant's rezoning request for an outdoor display would permit the outdoor sale 8/2S/98 98 627 of plants. There was no opposition present. On motion of Mrs. Humphrey, seconded by Mr. McHale, the Board approved Case 98SN0261 subject to the following conditions: 1. Continuous outside display that is the subject of the Conditional Use shall be limited to the area designated as "Proposed Continuous Outside Display Area" as shown on the plan dated 1 13 97, prepared by Harvey L. Parks, Inc. and submitted with the application. (P) (NOTE: Any other area of the site used for continuous outside display must meet the provisions of the Zoning Ordinance, Section 19 159 (1).) 2. Landscaping shall be installed along Landfill Drive so as to minimize the view of the "Proposed Continuous Outside Display Area" as shown on the plan from view along Landfill Drive. Prior to utilization of the "Proposed Continuous Outside Display Area," a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval and the approved landscaping installed or bonded. (P) the Board accepted the following proffered And, further, conditions: 1. Prior to site plan approval, one hundred feet of right of way on the west side 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. 2. There shall not be permitted the bulk (non bagged) outside display of sand, gravel, topsoil, stone, mulch, or similar material. Ayes: Humphrey, Warren, Barber, and McHale. Nays: None. Absent: Daniel. 8/2S/98 98 628