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
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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
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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
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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
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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