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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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December 2, 2009 BS
Bon Secours-Richmond Health System
REQUEST:
Midlothian Magisterial District
Southeast quadrant of Midlothian Turnpike and Watkins Centre Parkway
Amendment of Conditional Use Planned Development (Case 06SN0191) relative to
setbacks in a General Industrial (I-2) District.
PROPOSED LAND USE:
A medical office park is planned. Exceptions are requested to reduce the required
setbacks from Watkins Centre Parkway and the proposed East/West Arterial for
parking and drives from seventy-five (75) to twenty-five (25) feet and from
Midlothian Turnpike for drives from forty (40) to twenty-five (25) feet. (Proffered
Condition 1)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial for the following reason:
While proffered conditions have been offered to assist in mitigating the impact of these
encroachments, the setback exceptions along Midlothian Turnpike, Watkins Centre
Parkway and the East/West Road may result in overdevelopment of the properties; create
interruption in the anticipated development pattern along these Corridors; and potentially
set a precedent for similar requests.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A
Providing a FIRST CHOICE community through excellence in public service
"STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The property owner and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the property under consideration will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owner and applicant. In the event
this request is denied or approved with conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further force or effect.
An exception to the setback is requested in Tract F of the Textual Statement in Case No.
06SN0191 as it pertains to the property which is the subject of this request (i.e., approximately
15.8 acres at the southeast intersection of Route 60 and Watkins Centre Parkway). In the event
the property subject to this rezoning application is developed using the original setbacks
established in Zoning Case No. 06SN0191, the proffered conditions contained herein shall not
apply to the development:
(CPC) 1. Setback Exception. All drives and parking areas shall have a minimum
twenty-five (25) foot setback from the ultimate rights-of--way for Watkins
Centre Parkway and the proposed East/West Arterial. Any drives shall
have a minimum twenty-five (25) foot setback from the ultimate right-of-
way for Midlothian Turnpike. The reduction shall not apply to building
setbacks. Within these setbacks, landscaping shall be installed in
accordance with "perimeter landscaping C" with the exception of using
larger caliper material (i.e. three and one-half (3.5) inch minimum on large
trees, eight (8) feet high for evergreens, and three (3) inch caliper for small
trees). (P)
(CPC) 2. Limited Access Fence. If a limited access fence is required by the
Virginia Department of Transportation (VDOT) along the south line of
Midlothian Turnpike from Watkins Centre Parkway to the eastern
property boundary of the property, the existing limited access fence shall
be replaced with a decorative fence that meets VDOT requirements for
such fencing and is either (a) a white PVC three-rail fence similar to the
limited access fence located along the north and south sides of Route 711
on the eastern approach to the Route 288 interchange, or (b) a black
aluminum "wrought-iron" style fence similar to the fence located at the
Steinmart Festival Project on Route 60 near Robious Road, excluding the
brick pillars. Installation of the fence is required prior to obtaining a
certificate of occupancy for any building on the property. However, if
VDOT does not approve either decorative fence referenced above, the
requirement for a decorative fence shall terminate and the existing limited
access fence shall be permitted to remain. (P)
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(CPC) 3. Low Impact Design and Development. An impervious area containing a
minimum of fifty percent (50%) of the difference in the setback area
required with the exception set forth in paragraph 1 above and the setback
area that would be required but for such exception shall be treated using
Low Impact Development techniques such as impervious area
disconnection, alternative paving materials or bioretention. The exact
design shall be accomplished during the site plan review process. (EE)
GENERAL INFORMATION
Location:
Southeast quadrant of Midlothian Turnpike and Watkins Centre Parkway. Tax IDs 715-
710-8848 and 9904; 716-710-0747, 1325, 1707 and 2342; and 717-708-Part of 2480.
Existing Zoning:
I-2 with Conditional Use Planned Development
Size
15.8 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, South, East and West - I-2 with Conditional Use Planned Development;
Commercial, office or vacant
UTILITIES
Public Water System:
The site is located within the Huguenot Springs pressure zone. There is currently public
water service available on site. There is a sixteen (16) inch water line that runs across
Midlothian Turnpike where it joins another sixteen (16) inch line that extends across
Watkins Center Parkway. Connection to the public water system is required by County
Code.
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Public Wastewater System:
The site is located within the James River North sewer service area. There is an existing
eight (8) inch line that extends across Watkins Center Parkway and terminates adj acent to
the site. Connection to the public wastewater system is required by County Code.
Watkins Centre -Water and Wastewater Plan:
Conditions of Case 06SN0191 provided for the submittal of an overall water and
wastewater systems plan for all properties included under that zoning case. Plans were
submitted to the Utilities Department in August 2006 and subsequently approved. Those
plans showed how public water and wastewater service would be extended to the
southwest quadrant of Route 288 and Route 60, which is envisioned as a corporate office
park, but did not provide details as to how those services would be extended into the
office park to serve development sites. Through review of the site plans for the Bon
Secours Medical Office Park, the Utilities Department has requested that a water and
wastewater plan for the balance of the corporate office park be submitted for review and
approval.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the south and via tributaries to Tomahawk Creek and then
Swift Creek Reservoir. There are currently no on- or off-site drainage or erosion problems
and none are anticipated after development.
Water QualitX:
There is a Resource Protection Area (RPA) south of and adjacent to the property.
As a result of the proposed setback reductions for parking and drives, additional acreage
within the development will change from pervious to impervious. Impervious areas are the
largest contributor to stream degradation. To compensate for this encroachment, Proffered
Condition 3 requires the use of Low Impact Development (LID) techniques within a
minimum of fifty (50) percent of this additional impervious area, thereby offsetting the loss
of pervious area that would no longer be landscaped. As such, the Department of
Environmental Engineering supports this request.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 5, and the Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical services. The request will
have a minimal impact on the Fire and Emergency Medical Services (EMS).
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County Department of Transportation:
This request will have no impact on these facilities.
Vir ing is Department of Transportation:
VDOT has no comment on this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Route 288 Corridor Plan which suggests the property is
appropriate for regional employment center use.
Area Development Trends:
The subject property and surrounding area properties were zoned as part of a proactive
zoning case initiated by the Board of Supervisors for a mix of commercial, office and
industrial uses. Properties to the north are developed as Westchester Commons at Watkins
Centre and the Shoppes at Westchester, a mix of retail, office and hotel uses. Properties to
the west are developed for office/bank use or remain vacant. Vacant properties to the east
are zoned for office and light industrial uses.
Zoning HistorX:
On February 22, 2006, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved the rezoning of a 786 acre tract to General Industrial
(I-2) with Conditional Use Planned Development to permit a mix of commercial, office
and industrial uses along the north and south lines of Midlothian Turnpike, between
Route 288 and Huguenot Springs Road (Case 06SN0191). The subject property was
included in this zoning as part of Tract F located at the interchange of Route 288 and
Midlothian Turnpike and representing the eastern gateway to the proposed regional
employment center. This tract is limited to uses permitted by right or with restrictions in
the Light Industrial (I-1) District plus a medical clinic. Other limitations include no
outside storage.
Item ILA of the approved Textual Statement for Case 06SN0191 requires adherence to
Employment Center District standards of the Ordinance for certain Tracts, to include
Tract F.
Setbacks and Perimeter Landscapes:
The request property lies within an Employment Center District. The purpose of the
Employment Center District Standards is to encourage quality office and industrial park
development by promoting, in part, continuity of development with sufficient levels of
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landscaping to create aesthetically pleasing projects. As such, standards for setbacks and
landscaping are generally more restrictive in these Districts than in other areas of the
County.
Within Employment Center Districts, the Ordinance requires a minimum setback of
seventy-five (75) feet for buildings, parking and driveways from Watkins Centre Parkway
and the proposed East/West Arterial with the installation of Perimeter Landscape "P', and
forty (40) feet from Midlothian Turnpike (limited access road) with the installation of
Perimeter Landscape "C". The applicant has requested a reduction in setbacks for parking
and drives to twenty-five (25) feet from Watkins Centre Parkway and the East/West Arterial
and for drives to twenty-five (25) feet from Midlothian Turnpike. Within these reduced
setbacks, proffered conditions would require the installation of Perimeter Landscape "C"
with larger caliper materials than typically required to help minimize the impact of these
encroachments along the corridors. Along Watkins Centre Parkway and the East/West
Arterial, this proffered landscaping represents a less dense planting treatment than would
normally be provided with Landscape "P' which is one and one-half (1.5) times the density
of Perimeter Landscape "C". Along Midlothian Turnpike, this proffered landscaping
exceeds that required by Ordinance.
It should be noted that with the approval of Case 06SN0191, as well as the adjacent Gray
Land property zoning to the north (Case 06SN0190), setback reductions were granted on the
north side of Midlothian Turnpike along Watkins Centre Parkway to serve the anticipated
mix of commercial, office and residential uses. Support for this reduction promoted internal
integration of these uses along the Parkway so as to preclude a typical strip center
commercial development pattern. No setback reduction was granted along Midlothian
Turnpike, nor for any tracts reserved for regional employment center development.
Limited Access Fencing:
At the request of the Midlothian District Commissioner, and subject to approval by the
Virginia Department of Transportation (VDOT), Proffered Condition 3 requires the
replacement of the limited access fence along the Midlothian Turnpike frontage with
decorative fencing. Further, as written, should development occur in compliance with
requirements of Case 06SN0191, there would be no requirement to replace the limited
access fence.
CONCLUSION
As part of an Employment Center District, Ordinance standards for setbacks and landscaping are
generally more restrictive than in other areas of the County, providing for continuity of development
within quality office and industrial park projects. While the proffered conditions offered assist in
mitigating the impact of these encroachments, the setback exceptions along Midlothian
Turnpike, Watkins Centre Parkway and the East/West Road may result in overdevelopment of
the properties; create interruption in the anticipated development pattern along these Corridors;
and potentially set a precedent for similar requests.
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Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (11/17/09):
The applicant did not accept Staff's recommendation, but did accept the Commission's
recommendation. There was support present noting that the proposed development
represented a quality project.
Mr. Waller noted his support for the requested exceptions, but expressed concern relative
to an agreement being reached by the applicant, the property owner and the County on
the phasing of road improvements required by the original 2006 zoning case.
Subsequent to responses from the applicant and the property owner, and with a
commitment from Staff to facilitate, Mr. Waller indicated he would move forward with
this case with the understanding that an agreement on this phasing issue would be
reached prior to the Board's consideration of this case.
Mr. Gulley and Dr. Brown noted that, should resolution not be reached to the satisfaction
of Staff, the applicant could appeal disapproval of the phasing plan as part of the project's
site plan application, thereby bringing the issue back before the Commission for a final
decision.
On motion of Mr. Waller, seconded by Mr. Hassen, the Commission approval and
acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, December 2, 2009 beginning at 6:30 p.m., will take
under consideration this request.
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