STAFF S REQUEST ANALYSIS AND RECOMMENDATION 10SN0252. Carrie Coyner

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1 July 20, 2010 P TFF RQUT NLYI N RONTION 10N0252 arrie oyner Bermuda agisterial istrict Bellwood lementary, alem iddle and Bird High chools ttendance Zones outh line of elda Road RQUT I: Rezoning from Residential () to ommunity Business (-3) with conditional use to permit multi-family residential use on 1.2 acres of a 17.4 acre tract. RQUT II: mendment of conditional use planned development (ase 07N0292) relative to setbacks on 16.2 acres of a 17.4 acre tract zoned ommunity Business (-3) and General Business (-5). PROPO LN U: torage units and garages are planned to serve the planned olony illage development on the portion of the property included in Request I. With approval of Request I, commercial uses and uses within the ulti-family Residential (R- F) istrict, except for dwelling units, would be permitted (Proffered ondition 2). ulti-family residential and/or commercial uses are planned as part of the olony illage development on the portion of the property included in Request II. RONTION Request I: Recommend approval of Request I to rezone a portion of the request property from Residential () to ommunity Business (-3) with conditional use to permit multi-family residential use for the following reasons:. The proposed commercial zoning and land uses conform to the Jefferson avis orridor Plan which suggests the property is appropriate for community commercial and general commercial use. Providing a FIRT HOI community through excellence in public service

2 B. This portion of the request property will be developed as an integral part of the planned olony illage development; therefore, the proposed accessory residential use is appropriate. Request II: Recommend approval of Request II to amend conditional use planned development (ase 07N0292) relative to setbacks for the following reasons:. s conditioned, visibility of the existing communications tower would be minimized because setbacks for parking and drives from the tower and tree preservation within these setbacks would be guaranteed. B. odification to the setback for front loaded garages simply clarifies that this additional setback is required only when such garages are attached to dwelling units. (NOT: ONITION Y B IPO OR TH PROPRTY OWNR Y PROFFR ONITION.) ONITION With the approval of Request II, Textual tatement ections I.()6. and II.(F) of ase 07N0292 dated ecember 6, 2007, revised ay 15, 2008, shall be modified as provided in the proffered conditions below. ll other conditions of ase 07N0292 shall remain in force and effect. (P) PROFFR ONITION The Owner-pplicant in this zoning case, pursuant to ection of the ode of irginia (1950 as amended) and the Zoning Ordinance of hesterfield ounty, for itself and its successors or assigns, proffers that the development of the property known as hesterfield ounty Tax Is , , from to -3 with a onditional Use to permit Residential ulti-family use and for amendment to the textual statement of hesterfield ounty Tax Is and , requesting an amendment to Zoning ase No. 07N0292 to reduce the building setback adjacent to the communications tower and modify front loaded garage requirements, and subject to the conditions and provisions as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the pplicant, these proffers and conditions shall be immediately null and void and of no further force or effect. The following amendments shall apply to Tax Is and : (taff Note: The following section pertains to Request II.) The applicant hereby amends the Textual tatement dated ecember 6, 2007, revised ay 15, 2008 as follows: 2 10N0252-JUL20-P-RPT

3 ection I.() Uses permitted shall be limited to: communications tower which is currently located on the Property. aid tower shall comply with the requirements of ase No. 98P0243 and the following: (a) (b) (c) (d) (e) vergreen plantings having an initial height and spacing to provide screening of the base of the tower and accessory ground mounted equipment or structures from adjacent properties shall be planted along the fence surrounding the communications tower. There shall be a sixty-five (65) foot setback for buildings, parking and drives from the security fence around the base of the communication tower on the east, west and south sides of the fence except for the partial drives and waste collection area as shown on xhibit B. There shall be a thirteen (13) foot setback for buildings, parking, and drives from the security fence around the base of the communication tower on the north side of the fence; however, no dwelling units may be located closer than sixty five (65) feet from the security fence around the base of the communication tower. Within the tree preservation area shown on xhibit B, grading necessary for improvements shall be minimized so as to preserve as much existing vegetation as practical. If mature trees are removed with the tree preservation area shown in xhibit B which diminish the screening of the communication tower, the applicant shall replant fast-growing trees which upon reaching maturity will provide similar screening to the existing mature trees that are removed. The existing access road to the communications tower shall not be widened unless required by the Fire epartment or any other governmental agency. (P) ection II.(F) Garages: Front loaded garages which are attached to dwelling units shall be located no closer to the street than the front façade of the dwelling unit. (P) The following conditions shall apply to Tax Ids , , : (taff Note: The following conditions pertain to Request I.) General onditions 1.. The development may have a traditional mixed use development design with a mix of residential and non-residential uses within blocks and/or within a building. Buildings will be located close to the sidewalks and 3 10N0252-JUL20-P-RPT

4 other buildings, the streets lined with trees and sidewalks, on-street parking, and open spaces. B. The mixing of residential and non-residential uses may be permitted if a ixed Use Plan is submitted for review and approval by either the Planning epartment or the Planning ommission at the election of the developer. uch review will be subject to appeal in accordance with the provision of the Zoning Ordinance for site plan appeals. The ixed Use Plan shall address the land use transitions and compatibility between the different uses and adjacent properties. Land use compatibility and transitions may include, but not necessarily limited to, the exact locations of uses, buffers and site design.. The Property shall be developed as an integral part of the overall olony illage development plan. (P) 2. Uses permitted shall be limited to:. Uses permitted by right or with restriction in the ommunity Business (- 3) istrict. B. xcept that dwelling units shall not be permitted, uses permitted by right or with restriction in the Residential ulti-family (RF) istrict.. ccessory uses permitted in the R-F and -3 Zoning istricts, except as restricted herein. (P) 3. ixed-use Buildings, as defined as multi-story buildings that accommodate a combination of commercial and/or office and/or residential uses within the same structure. This does not preclude single-use buildings. (P) 4. The following uses shall not be permitted on the Property: 1. Feed, seed and ice sales; 2. Fraternal uses; 3. Indoor flea markets; 4. Kennels, commercial; 5. aterial reclamation receiving centers; 6. otor vehicle sales and rental; 7. econdhand and consignment stores; and 8. Taxidermies. (P) 5. treet Trees. treet trees shall be planted along both sides of all public streets and all private streets that provide general circulation throughout the development. (P) 4 10N0252-JUL20-P-RPT

5 Location: 6. rchitectural tandards. The development shall have the same architectural style, colors and materials as olony illage development unless otherwise approved by the irector of Planning. (P) 7. idewalks. idewalks shall be installed along both sides of all public and private streets that provide general circulation throughout the development. (P) 8. Landscape. In addition to Landscape H, there shall be a four (4) foot decorative fence with low evergreens shrubs installed on the Property along its frontage on elda Road. (P) GNRL INFORTION The property fronts approximately 300 feet on the south line of elda Road, 300 feet west of Jefferson avis Highway and also fronts approximately 830 feet on the west line of Jefferson avis Highway, 160 feet south of elda Road. Tax Is and , 5242, 5947 and xisting Zoning: ize:, -3 and acres xisting Land Use: xisting land uses include commercial, manufactured home park, traditional singlefamily residential and manufactured home use. djacent Zoning and Land Use: North -, -3 and -5; ingle-family residential, commercial or vacant outh -, I-1, and ; ingle-family residential, commercial or vacant ast - -5; ommercial or vacant West - and ; Residential or vacant 5 10N0252-JUL20-P-RPT

6 UTILITI Public Water and Wastewater ystems: Use of the public water and wastewater systems were proffered on the portion of the property zoned with ase 07N0292. Use of these systems on the portion of the property fronting the south line of elda Road is required by county code. rainage and rosion: NIRONNTL The subject property drains to the south via tributaries to Proctors reek. There are currently no on- or off-site drainage or erosion problems and none are anticipated after development. PUBLI FILITI The need for schools, parks, libraries, fire stations, and transportation facilities in this area is identified in the ounty's adopted Public Facilities Plan, Thoroughfare Plan and apital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. Fire ervice: chools: The entralia Fire tation, ompany Number 17, and Bensley-Bermuda olunteer Rescue quad currently provide fire protection and emergency medical service (). This request will have a minimal impact on Fire and. No students will be generated by this request; therefore this request will not impact schools (Proffered ondition 2.B.). This site lies in the Bellwood lementary chool attendance zone: capacity - 377, enrollment 451; alem iddle chool zone: capacity - 959, enrollment 847; and Bird High chool zone: capacity 2,003, enrollment - 1,886. The enrollment is based on eptember 30, 2009, and the capacity is as of There are currently nine (9) trailers at Bellwood lementary, fourteen (14) at alem iddle and five (5) trailers at Bird High. Libraries and Parks and Recreation: This request will have no impact on these facilities. 6 10N0252-JUL20-P-RPT

7 ounty epartment of Transportation: The amendment to ase 07N0292 relative to setbacks (Request II) will have no impact on the transportation network. onditions proffered with the request to rezone a portion of the property (Request I) will not limit development to a specific land use; therefore it is difficult to anticipate traffic generation. Based on trip rates for a shopping center, development could generate approximately 1,700 average daily trips (T). The property is located within the Jefferson avis Highway nterprise Zone. Based on the Board of upervisors policy regarding development within the nterprise Zone, road improvements will not be required by the ounty. Road improvements may be required by the irginia epartment of Transportation (OT). t time of site plan review, specific recommendations will be provided regarding access, internal circulation, and right-of-way dedication. irginia epartment of Transportation (OT): OT has no comment on this request. Financial Impact on apital Facilities: This case has been evaluated under the existing cash proffer policy. It has been determined that the request for rezoning from Residential () to ommunity Business (-3) with conditional use to permit multi-family residential use on 1.2 acres and amendment of conditional use planned development (ase 07N0292) relative to setbacks will result in no increase in the maximum number of dwelling units previously approved with ase 07N0292. Therefore, there is no increased fiscal impact. omprehensive Plan: LN U The subject property is located within the boundaries of the Jefferson avis orridor Plan which suggests the property is appropriate for community commercial and general commercial use. n important mission of the Plan is to encourage a sustainable, highly livable and workable community. Goals of the Plan include making the Jefferson avis orridor a better place to live and work by balancing economic demands of development with the needs of the people to create a sense of place, attractiveness and comfort; strengthening residential neighborhoods; promoting the availability of work places offering job opportunities; and, providing necessary public and commercial services to meet the diverse needs of area residents. The Plan recognizes that flexible redevelopment of 7 10N0252-JUL20-P-RPT

8 certain areas are opportunities to revitalize underused tracts within the corridor which will strengthen business areas and neighborhoods. rea evelopment Trends: rea properties are zoned for and occupied by a variety of commercial and residential uses (including traditional single-family dwellings and manufactured homes) or are vacant. It is anticipated that a mix of commercial, office, light industrial and higher density residential uses will continue in the area, as recommended by the Plan. Zoning History: On July 1, 1964 the Board of Zoning ppeals approved a use permit (ase ) on a portion of the property to allow sixty-five (65) manufactured homes. The applicant advises that there are currently thirty-four (34) manufactured homes remaining on the property. However, these manufactured homes continue to be removed to meet a planned closure date for the manufactured home park of eptember On arch 17, 1998 the Planning ommission determined that a communications tower on a portion of the request property was substantially in accord with the omprehensive Plan (ase 98P0243) subject to conditions relative to security fencing, tower design and lighting. (xhibit B) On pril 1, 1998 the Board of Zoning ppeals granted a variance (ase 98N0199) to height limitations to permit a 199 foot communications tower on a portion of the request property. (xhibit B) On ay 28, 2008 the Board of upervisors approved conditional use and conditional use planned development (ase 07N0292) on the 16.2 acre portion of the request property (which is the property contained in Request II) to permit multi-family residential and commercial use plus exceptions to ordinance requirements. This approval permitted the property to be developed for up to a maximum of 275 dwelling units, all commercial uses (except as restricted in the case) or a combination of such uses. onditions of approval set standards for mixing of uses, access limitations, permitted uses, landscaping, architecture, setbacks, buffers, sidewalks, open space and density. ince 1973 manufactured home permits have been granted to various applicants on the 1.2 acre portion of the property, which is the portion of the property contained in Request I (ases 73-71, 75R089, 77R0106, 79R091, 84R086, 89R0251, 90N0208, 97R0212 and 04N0254). 8 10N0252-JUL20-P-RPT

9 Request I: Uses: The applicant proposes to develop this portion of the request property in a manner which is accessory to the olony illage development on the portion of the request property zoned ommunity and General Business (-3 and -5). pecifically, an access drive, parking, detached garages and accessory storage units are planned to serve the olony illage development. However, if this request is approved, commercial and residential uses permitted in ommunity Business (-3) and ulti-family Residential (R-F) istricts would be permitted except as restricted by Proffered onditions 2 and 4. These conditions prohibit dwelling units and other uses (such as motor vehicle sales and rental and indoor flea markets) on this portion of the request property. manufactured home has been located on a 0.4 acre portion of the request property since By separate application (ase 10N0110), Bobby W. Powers is seeking renewal of this manufactured home permit until ecember 31, It is important to note that should that the manufactured home permit be granted and subsequently this rezoning request is approved, then the manufactured home would be a non-conforming use. The manufactured home would be permitted to remain on the property subject to the conditions of approval of ase 10N0110, including the proposed time limit until ecember 31, Non-conforming uses may not be enlarged, extended, reconstructed, substituted or structurally altered except as allowed by the Zoning Ordinance. evelopment Plan: The request property lies within the Jefferson avis Highway orridor istrict. Unless further regulated by proffered conditions, redevelopment of the site or new construction must conform to the requirements of the Zoning Ordinance which address standards to encourage reinvestment and revitalization of the area. uch standards address access, parking, landscaping, architectural treatment, setbacks, buffers, signs and screening. hould Request I (to rezone a 1.2 acre portion of request property) be approved, commercial and multi-family residential use, except for dwelling units, would be permitted (Proffered ondition 2). This area will be developed as an integral part of the larger olony illage development. s noted above, should this request be approved, this portion of the property is planned to provide access to elda Road, as well as additional parking, accessory storage space and garages for residential units within the olony illage development. It is important to note that other commercial or residential multi-family uses (except for dwelling units) would also be permitted; therefore the proffered conditions address transitions between uses and requirements for street trees, sidewalks and landscaping. (Proffered onditions 1, 3, 5, 7 and 8) 9 10N0252-JUL20-P-RPT

10 Request II: rchitecture: Proffered ondition 6 would require development of this portion of the request property to have the same architectural style, colors and materials as the olony illage development unless otherwise approved by the irector of Planning. condition of approval of the olony illage (ase 07N0292) requires that development to have a similar architectural style and materials to the hester illage Green development. evelopment Plan: evelopment on this portion of the property is being planned as olony illage and is subject to the conditions of approval for ase 07N0292 which address mixing of uses, access limitations, permitted uses, landscaping, architecture, setbacks, buffers, sidewalks, open space and density. This portion of the property also lies within the Jefferson avis Highway orridor istrict and, unless further regulated by zoning conditions, development of olony illage must conform to the requirements of the Zoning Ordinance which address access, parking, landscaping, architectural treatment, setbacks, buffers, signs and screening. etbacks from ommunications Tower: The existing 199 foot communications tower is proposed to remain on a portion of the request property (xhibit B). The tower location is subject to conditions from the 1998 approval and ase 07N0292 which addressed security fencing, tower design, lighting, setbacks and screening of accessory and ground mounted equipment. These noted conditions have typically been approved where towers are located in the vicinity of residential uses or other visible areas to assure sufficient landscaping is installed at an initial height and spacing to provide screening of the base of the tower and accessory ground mounted equipment and structures. t issue with this request is the sixty-five (65) foot setback for buildings from the base of the tower required by ase 07N0292. pecifically, amendment to Textual tatement ection I.()6.of ase 07N0292 is proposed to reduce the setback for buildings on the north side of the tower from sixty-five (65) feet to thirteen (13) feet (xhibit B). etbacks for buildings from the south, east and west sides of the tower would still be sixty-five (65) feet. The proposed amendments to the Textual tatement, while allowing a garage building to be located closer to the north side of the tower compound, would require setbacks for parking and drives that would provide increased separation between the tower and the planned olony illage development and minimize tower visibility. onditions of ase 07N0292 only provided a setback for 10 10N0252-JUL20-P-RPT

11 buildings, which would allow parking and drives right up to the tower compound. In addition, conditions of ase 07N0292 required screening of the base of the tower and mechanical equipment but did not require any existing vegetation to be preserved. If this current request is approved, setbacks for parking and drives would be required (Textual tatement ection I. ()6.(b) and (c)) which will better separate development from the existing tower. garage building would reduce visibility of the base of the tower. Tree Preservation: If mature trees are removed within the setback areas (shown as the tree preservation area on xhibit B), the applicant will replant trees which upon reaching maturity will provide similar screening to existing mature trees (Textual tatement ection I.()6.(d)). Protecting and replacing mature vegetation where removal cannot be avoided will minimize views of the tower from the residential development. In addition, the existing access road to the tower will not be widened, which will serve to increase tree preservation around the tower. (Textual tatement ection I.()6.(e)). etbacks for Front Loaded Garages: To clarify that the setback requirement of ase 07N0292 does not apply to planned detached garage structures, a modification to Textual tatement ection II.(F) is proposed so that the setback requirement would apply only to frontloaded garages which are attached to dwelling units. The applicant has stated that at this time, no attached garages are proposed. ONLUION taff recommends approval of Request I to rezone a portion of the request property from Residential () to ommunity Business (-3) with conditional use to permit multi-family residential use. The proposed commercial zoning and land uses conform to the Jefferson avis orridor Plan which suggests the property is appropriate for community commercial and general commercial use. In addition, this portion of the request property will be developed as an integral part of the planned olony illage development therefore the proposed accessory residential use is appropriate. taff also recommends approval of Request II to amend conditional use planned development (ase 07N0292) relative to setbacks from the communications tower and for front-loaded garages. s conditioned, visibility of the tower would be better minimized even with the reduced building setback because setbacks for parking and drives from the tower and tree preservation within these setbacks would be guaranteed. Further, modification to the setback for front-loaded garages simply clarifies that this additional setback is required only when such garages are attached to dwelling units N0252-JUL20-P-RPT

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