Magisterial District Bermuda Agent Kerry Hutcherson (804 ...

Emerson Ventures, LLC 21SN0602 of 20

21SN0602 – Emerson Ventures, LLC Magisterial District – Bermuda Agent – Kerry Hutcherson (804-516-8910) CPC Public Hearing – July 20, 2021

Time Remaining 100 Days

Case Manager

Harold Ellis (804-768-7592)

Request Rezoning & Conditional Use Planned Development Rezoning from Residential (R-15), Agricultural (A), and Community Business (C-3) Districts to Community Business (C-3) District and Conditional Use Planned Development to permit ordinance exceptions to development standards.

Staff Recommendation Approval

The Property 210 East Hundred Road

Site Size 3.96 Acres

Comprehensive Plan – Land Use Designation Community Business

Plan Area County Wide Plan

Figure 1: Aerial of Request Area – Click Image for Link to GIS

Figure 2: Area Map of Request & Land Use Plan Map

The applicant is proposing to rezone the subject property from Residential (R-15), Agricultural (A), and Community Business (C-3) Districts to Community Business (C-3) District to develop a convenience store with attached restaurant, and associated car wash and fuel sales.

Summary of Proposal


STAFF - APPROVAL The proposed uses will serve the nearby and surrounding areas and any potentially adverse impacts are mitigated with proffered conditions of approval. NOTES FOR THE PLANNING COMMISSION AND BOARD OF SUPERVISORS

1. Conditions may be imposed, or the property owner may proffer conditions. 2. Proffered Conditions, Textual Statement, and a Conceptual Plan have been submitted by the applicant.

Recommendations


Summary of Proposal .............................................................................................................................................................. 1

Recommendations .................................................................................................................................................................. 2

Table of Contents .................................................................................................................................................................... 3

Planning................................................................................................................................................................................... 4

Current Zoning Map ................................................................................................................................................................ 5

Parcels in Application (The Property – Table A) .................................................................................................................. 6

Supplemental Analysis ............................................................................................................................................................ 6

Community Enhancement .................................................................................................................................................. 6

Environmental Engineering ................................................................................................................................................. 6

Fire & Emergency Medical Services .................................................................................................................................... 6

Police ................................................................................................................................................................................... 7

Transportation - County Department of Transportation .................................................................................................... 7

Transportation - Virginia Department of Transportation ................................................................................................... 7

Utilities – Water and Wastewater ...................................................................................................................................... 8

Proffered Conditions (6/29/21) .............................................................................................................................................. 9

Textual Statement - Ordinance Exceptions (5/6/21) ............................................................................................................ 11

Concept Plan – Exhibit A ....................................................................................................................................................... 12

Proposed Layout Plan – Exhibit B.......................................................................................................................................... 12

Conceptual Elevations – Exhibit B ......................................................................................................................................... 13

Case Contacts ........................................................................................................................................................................ 18

Appendix ............................................................................................................................................................................... 19

Fire & Emergency Medical Services .................................................................................................................................. 19

Table of Contents


Zoning History 87SN0039: Approved (9/88) – Initial Rivers Bend Case Rezoning from Agricultural (A), Residential (R-15), Residential (R-12), Residential (R-9), Residential (R-7), Community Business (B-2), and Light Industrial (M-1) to Residential (R-15) with Conditional Use Planned Development for use and bulk exception, to permit a mixed use development including residential, office, commercial, recreational, and industrial uses on 972.5 acres. Conditions of approval included: conceptual plan, master/general plan (with land bays), overlay district requirements, permitted uses, density, transportation improvements, utilities, buffering and screening, drainage and detention, and parking. 89SN0264: Approved (8/89) – Amended Rivers Bend Case Added 2.3 acres into an existing office/commercial tract into the 87SN0039 case, approved 9/88. Comprehensive Plan – Land Use Plan Designation The Comprehensive Plan designates the Property for Community Business, which suggests the Property is appropriate for Commercial uses that serve community-wide trade areas. Such uses generally attract customers living or working within an approximate radius of 10 miles. Typical uses could include large grocery stores, department stores, home centers, limited repair services or other uses that provide goods and services that are purchased on a less frequent basis than those uses in Convenience or Neighborhood Business areas. Limited outside storage and display may occur as accessory to the primary uses. Proposal The property owner requests a rezoning of the Property to C-3 with proffered conditions and a Conditional Use Planned Development to permit development of a convenience store and restaurant. Land uses for the site will be limited to those permitted in the C-3 district, with limitations provided in the proffered conditions. As detailed on the Conceptual Layout Plan contained in Exhibit A, an approximately 5,145 square foot building is proposed which is to be developed as a convenience store with an attached restaurant with outdoor seating, associated fuel sales, carwash, and parking. Site access is planned from Rivers Bend Boulevard and East Hundred Road. No ordinance exceptions have been requested with this application. Design High quality residential development addresses the Comprehensive Plan goals for strong and sustainable neighborhoods that are visually attractive, well-planned and well-maintained. Further, the purpose and intent of the zoning ordinance to promote the health, safety, convenience and general welfare of the public includes the creation of convenient, attractive and harmonious communities, protection against overcrowding of land, and protection of the natural environment. As such, developments that promote unique, viable and long-lasting places and enhance the community are encouraged. In accordance with Comprehensive Plan direction, the applicant has proffered high quality building materials. As illustrated on Exhibit B, the primary exterior façade of the building proposed shall be brick, brick veneer, glass, stone, stone veneer, and cementitious siding. A variety of architectural detail and trim materials are also proposed as detailed on the proposed elevations. These same primary and architectural and trim materials are also proposed for the carwash, and the refuse area is screened with masonry walls and opaque gates. Further, the fuel canopy columns are proffered to be masonry as well.

Planning


Current Zoning Map


GPIN Address 814-652-9588 210 East Hundred Road 815-652-1474 230 East hundred Road 815-652-1893 13200 Rivers Bend Boulevard 815-653- Part of 1417 139 Meadowville Road

No comment on this request.

1. Entire project area is located within the Johnson Creek Watershed. 2. Any areas of wetlands shall not be impacted without prior approval from the U.S. Army Corps of Engineers

and/or the Virginia Department of Environmental Quality. 3. Due to existing inadequate culverts under Enon Church Road, any increased runoff from development in this

watershed upstream of the existing culverts will result in increased flooding, which will impact private properties and public safety. As a result, the post-development 2, 10 and 100-year peak discharge rates shall not exceed the pre-development 2, 10 and 100-year peak discharge rates, respectively.

a. The applicant has offered Proffered Condition 6 to address this impact. 4. Development is subject to the Part IIB technical criteria of the Virginia Stormwater Management Program

Regulations for water quality and water quantity.

Service Area The Rivers Bend Fire Station, Company Number 18 Community Fire Protection Capabilities Assessment* Insurance Service Office (ISO) Public Protection Classification (PPC) Class 2 Anticipated Impacts On Fire & EMS Call Load in Immediate Service Area During Previous Fiscal Year 752

Projected Calls Generated Yearly by Proposed Development N/A (commercial)

Projected Call Load Increase in Immediate Service Area by Proposed Development N/A Drive And Response Times

Response Zone/Response Time Goal* Urban / 7 Minutes

Road Miles from Closest Fire Station 1.27 miles Estimated Drive Time from Closest Fire Station1 1:41 minutes Estimated Response Time for First Unit on Scene2 4:41 minutes Planned Capital Facility Improvements We can use this space to explain any new fire stations on the horizon. Additional Information

Parcels in Application (The Property – Table A)

Supplemental Analysis

Community Enhancement

Environmental Engineering

Fire & Emergency Medical Services


This can be used to state any issues we may have. For example, if a gated access is being proposed and we believe it will increase response times, we can place that information here. *Additional information relative to Fire & Life Safety’s Mission and Service Profile, Community Fire Protection Capabilities Assessment, and Response Time Goals can be found in the Appendix. 1 Drive-time estimates are exclusive of potential delays due to weather, traffic, or blockage of response routes. 2 Estimates assume response units and personnel are in the station and available to respond at the time of an incident and include 1 min 30 sec for 911 call processing and dispatch, and up to 1 min 30 sec for firefighter turnout.

Division Beat District Appomattox 71 Bermuda Additional Information This request is anticipated to have minimal impacts on Police.

Based on the applicant’s request and the Concept Plan and applying trip generation rates for a super convenience market/gas station, development could generate approximately 2,800 average daily trips. The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and recommendations are detailed in the chart below:

Recommendation Applicant’s Proposal Vehicular Access: • Limited to one (1) access to Route 10. • Limited to one (1) access to Rivers Bend Boulevard. • Provide a shared access easement to GPIN 814-652-7781 for future use.

Proffered Condition 2

Road Improvements (Prior to issuance of any certificate of occupancy): • Separate right turn at the approved access to Route 10. • Separate right turn at the approved access to Rivers Bend Boulevard. • VDOT standard sidewalk along the Property frontage to Route 10 & Rivers Bend Boulevard. • Dedication of additional right-of-way/easements to accommodate improvements.

Proffered Condition 3

Staff is managing the Route 10 Widening Project (“Route 10 Superstreet”). This project involves widening Route 10 between Bermuda Triangle Road and Meadowville Road to eight lanes with signalized improvements to the intersection of Route 10 at Meadowville Road and widening Meadowville Road from Route 10 to Hogans Drive to six lanes. Construction is underway with anticipated completion in Summer 2022. Staff supports the request.

The proposed site shall adhere to the policy for Access Management minimum spacing criteria. VDOT requires distance of 495’ from the intersection to the entrance along East Hundred Road and a distance of 660’ for the entrance along Rivers Bend Boulevard to be compliant with the VDOT Access Management policy. Based on the concept plan dated May 6, 2021 VDOT will require an Access Management Exception to be approved by VDOT in order to permit and

Police

Transportation - County Department of Transportation

Transportation - Virginia Department of Transportation


construct the access. Any improvements East Hundred Road (Route 10) or Rivers Bend Boulevard shall be in accordance with the requirements of the VDOT Road Design Manual for the functional classification and design speed of each road. During the site plan process VDOT will require trip generations, turn lane warrants analysis, and sight distance requirements for the proposed entrances. All proposed sidewalks and bike lanes proposed in VDOT right-of-way shall be designed in accordance with VDOT standards.

1. The request site is within a mandatory water and wastewater connection area for new non-residential development.

2. The applicant has proffered connection to the public water and wastewater systems. 3. The applicant has located a proposed sign so that it does not encroach upon a public wastewater easement. 4. The Utilities Department supports this request.

Utilities – Water and Wastewater


The Applicant in this 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 property under consideration in this case (“the Property”) will be used according to the following proffer(s) if, and only if, the request submitted herewith is granted with only those conditions agreed to by the Applicant. In the event this request is denied or approved with conditions not agreed to by the owners and Applicant, the proffer shall immediately be null and void and of no further force or effect.

1. Master Plan. The Textual Statement, dated May 6, 2021, shall be considered the Master Plan. (P)

2. Access. The exact location of each access shall be approved by the Transportation Department. Direct vehicular access from the Property to E. Hundred Road (US Route 10) shall be limited to one (1) entrance/exit. Direct vehicular access from the Property to Rivers Bend Boulevard shall be limited to one (1) entrance/exit. Prior to any site plan approval on the Property the Applicant/Developer/Subdivider shall establish a shared access easement so that the parcel identified as GPIN 814-652-7781 will have the right to utilize the approved accesses. (P)

3. Road Improvements. Prior to issuance of any certificate of occupancy, the Applicant/Developer/Subdivider shall

be responsible for completing the following road improvements: (T) a. Construction of additional pavement along the westbound lanes of Route 10 to provide a separate right

turn lane at the approved access. b. Construction of additional pavement along the southbound lane of Rivers Bend Boulevard to provide a

separate right turn lane at the approved access. c. Construction of a VDOT standard sidewalk along the Property’s frontage along Route 10 and Rivers Bend

Boulevard d. Dedication to Chesterfield County, free and unrestricted, of any additional right-of-way (or easements)

required for the improvements identified above.

4. Connection to County Water/Sewer. The Applicant/Developer/Subdivider shall connect the Property to County water and sewer at time of initial site construction. (U)

5. Architectural Standards. Buildings constructed on the Property shall use architectural forms and building materials that are generally compatible with those shown on the conceptual elevations provided in EXHIBIT B. All fuel canopy columns shall incorporate masonry materials such as brick, stone, or a combination thereof, as generally shown on EXHIBIT B. (P)

6. Post Development Runoff. For any portion of the Property located within the Johnson Creek watershed, the post-development runoff rate for the 2, 10, and 100 year storms shall not exceed the corresponding pre-development runoff rate. (EE)

7. Use Restrictions. The following uses shall not be permitted: (P) a. cocktail lounges and nightclubs; b. second hand stores; c. flea market; d. kennels and outside runs associated with veterinary clinics and hospitals; e. funeral home; f. mortuary; g. taxidermy; h. coin operated dry cleaning and/or laundry services; i. laundromat; j. motorcycle sales and rentals; k. theaters;

Proffered Conditions (6/29/21)


l. automobile sales and rentals; m. antique shop; n. consignment store; o. crematorium; and p. halfway house.


RE: Application made by Emerson Ventures, LLC pertaining to the property under consideration in this case (“the Property”) to rezone the Property to C-3 with a Conditional Use Planned Development (“CUPD”) to allow bulk exceptions from County Code and Zoning Ordinance requirements, as provided hereinbelow:

1. Concept Plan. The Property shall be designed as generally depicted on the conceptual layout plan last revised May 6, 2021, entitled, “RTE. 10 & RIVERS BEND BLVD. CONCEPT PLAN” (referred to herein as the “Concept Plan”); provided, however the exact location of the buildings, drive aisles, parking areas, and other improvements may be modified provided that the general intent of the Concept Plan is maintained.

Textual Statement - Ordinance Exceptions (5/6/21)


Concept Plan – Exhibit A

Proposed Layout Plan – Exhibit B


Conceptual Elevations – Exhibit B


Applicant • Applicant’s Agent:

Kerry Hutcherson (804-516-8910) [email protected]

• Applicant’s Contact: George Emerson (804) 536-5868 [email protected]

District Planning Commissioner• Gib Sloan (804-892-5633)

[email protected]

Staff• Planning Department Case Manager: Harold Ellis (804-768-7592) [email protected]

• Budget & Management: David Oakley (804-706-2586) [email protected]

• Community Enhancement: Carl Schlaudt (804-318-8674) [email protected]

• Environmental Engineering: Rebeccah Rochet (804-748-1028) [email protected]

• Fire & Emergency Medical Services: Anthony Batten (804-717-6167) [email protected]

• Libraries: Jennifer Stevens (804-751-4998) [email protected]

• Parks & Recreation: Janit Llewellyn (804-751-4482) [email protected]

• Police: Jim Eicher (804-318-8693) [email protected]

• Schools: Atonja Allen (804-318-8740) [email protected]

• Transportation - County Department of Transportation: Steve Adams (804-751-4461)

[email protected]

• Transportation - Virginia Department of Transportation: Willie Gordon (804-674-2907) [email protected]

• Utilities: Randy Phelps (804-796-7126) [email protected]

Case Contacts


Mission & Service Profile The mission of Chesterfield Fire and Emergency Medical Services (CFEMS) is to protect life, property and the environment. This requires a comprehensive portfolio of services aimed at preventing fires, mitigating the impact of fires and disasters on the community, and providing a timely and effective response when fires, medical and other emergencies occur. Community risks, population growth and demographic changes, service demands, and response times are reviewed annually and the need for additional Fire & EMS operating and capital resources in support of the department’s mission is evaluated during the county’s annual budget and 5-year Capital Improvement Plan (CIP) processes. Community Fire Protection Capabilities Assessment Chesterfield Fire and EMS participates in the Insurance Services Office (ISO) Public Protection Classification (PPC) program, which rates a community’s fire protection capabilities in accordance with the Fire Suppression Rating Schedule (FSRS). Using the FSRS, the ISO performs a comprehensive evaluation of a community’s fire department, water supply, emergency communications and community risk reduction efforts. The resulting score establishes a PPC rating from 1 to 10, with Class 1 being the best possible rating. Many insurance carriers reference a community’s PPC rating in establishing insurance premiums. Generally, communities with a Class 1 rating enjoy lower insurance premiums than those communities with a Class 10 rating. Chesterfield County has a current community classification of 2/2Y, however some portions are classified as 10 or 10W based on the parameters indicated below. Class 2 - within 5 miles of a fire station and within 1,000 feet of a fire hydrant. Class 2Y – within 5 miles of a fire station but not within 1,000 feet of a fire hydrant. Class 10W – within 5-7 miles of a fire station and within 1,000 feet of a fire hydrant. Class 10 – outside of 5 miles of a fire station and not within 1,000 feet of a fire hydrant.

Appendix

Fire & Emergency Medical Services


Response Time Goals (Urban/Rural Zones) Urban Zone Fire and EMS response goal is 7 minutes from receipt of call in the Emergency Communications Center (ECC) to arrival of first responding unit. Fire and EMS facilities should be strategically located to provide 4 minutes or less travel time for the first arriving engine company at a suppression incident, and 8 minutes or less travel time for deployment of an Effective Firefighting Force (first alarm assignment) at a suppression incident. Rural Zone Fire and EMS response goal is 12 minutes from receipt of call in the Emergency Communications Center (ECC) to arrival of first responding unit. Fire and EMS facilities should be strategically located to provide 9 minutes or less travel time for the first arriving engine company at a suppression incident, and 13 minutes or less travel time for deployment of an Effective Firefighting Force (first alarm assignment) at a suppression incident.

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